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PD - 2004MEMORANDUM To: Melinda Denis, P anner I, Comm. Development Dept. From: emsley De uty City Clerk Date: January 6, 2005 Subject: Public Hearing to consider PD Permit (PLN 2004-45); Tentative Subdivision Map (PLN 2004-46) and Tree Removal Permit (PLN 2004- 47) - 121-133 Kennedy Avenue -Bruno Marcelic on behalf of Cullen DeMattei Development Inc. At the regular meeting of January 4, 2005, the City Council held a public hearing to consider the application of Mr. Bruno Marcelic, on behalf of Cullen DeMattei Development Inc., for a Planned Development Permit (PLN 2004-45) to allow the construction of eight small lot single-family homes, a Tentative Subdivision Map (PLN 2004-46) to subdivide the property, and a Tree Removal Permit (PLN 2004-47) to allow the removal of seven protected trees on property owned by Cullen DeMattei Development Inc. located at 121-133 Kennedy Avenue. After discussion and deliberation, the City Council took the following action: 1. Adopted Resolution No. 10435 approving a Mitigated Negative Declaration for the project located at 121-133 Kennedy Avenue, incorporating findings; 2. Adopted Resolution No. 10436 approving a Planned Development Permit (PLN 2004-45) to allow the construction of eight small lot single-family homes, incorporating findings and subject to the Conditions of Approval; 3. Adopted Resolution No. 10437 approving a Tentative Subdivision Map (PLN 2004- 46) to allow the creation of eight lots and one common lot, incorporating findings and subject to the Conditions of Approval; and Continued Page 2 - 121-133 Kennedy Avenue/Cullen DeMattei Development Inc. 4. Adopted Resolution No. 10438 approving a Tree Removal Permit (PLN 2004-47) to allow the removal of seven protected trees, incorporating findings and subject to the Conditions of Approval. A certified copy of this Resolution, together with a copy of the follow-up notification to Mr. Marcelic is attached for your records. Attachment: ..-- ~ O~,„ C A MAC -,.. ,~ s:~; =~; ~n ~ '°~ ~ ~ ~:;,~~ r y ~~___ ~ ~` - __. L` ARCH Aµ0 CITY of CAMPBELL City Clerk's OfFice January 6, 2005 Mr. Bruno Marcelic 365 E. Campbell Avenue Campbell, CA 95008 Dear Mr. Marcelic: At the regular meeting of January 4, 2005, the City Council held a public hearing to consider your application, on behalf of Cullen DeMattei Development Inc., for a Planned Development Permit (PLN 2004-45) to allow the construction of eight small-lot single- family homes; a Tentative Subdivision Map (PLN 2004-46) to subdivide the property; and a Tree Removal Permit (PLN 2004-47) to allow the removal of seven protected trees on property owned by Cullen DeMattei Development Inc., located at 121-133 Kennedy Avenue in a P-D (Planned Development) Zoning District. After discussion and deliberation, the City Council took the following action: Adopted Resolution No. 10435 approving a Mitigated Negative Declaration for the project located at 121-133 Kennedy Avenue; incorporating findings; 2. Adopted Resolution No. 10436 approving a Planned Development Permit (PLN 2004- 45) to allow the construction of eight small lot single-family homes on property owned by Cullen DeMattei Development Inc., located at 121-133 Kennedy Avenue in a PD (Planned Development) Zoning District; incorporating findings and subject to the Conditions of Approval; 3. Adopted Resolution No. 10437 approving a Tentative Subdivision Map (PLN 2004-46) to subdivide a parcel into eight residential lots with one common lot on property owned by Cullen DeMattei Development Inc., located at 121-133 Kennedy Avenue in a PD (Planned Development) Zoning District; incorporating findings and subject to the Conditions of Approval; and Continued 7o North First Street Campbell, California 95008.1423 TEL 408.866.2117 Fnx 408.374.6889 T~~ 408.866.2790 --R Page 2 - Mr. Marcelic 4. Adopted Resolution No. 10438 approving a Tree Removal Permit (PLN 2004-47) to allow the removal of seven protected trees on property owned by Cullen DeMattei Development Inc., located at 121-133 Kennedy Avenue in a PD (Planned Development) Zoning District; incorporating fmds and subject to the Conditions of Approval. A certified copy of the previously mentioned Resolutions is enclosed for. your records. Please do not hesitate to contact this office (866-2117) or Melinda Denis, Planner 1, Community Development Department, should you have any questions in regard to the City Council's action. Sincerely, J ~~ e Bybee City Clerk Attachment bb. Cullen DeMattei Development Inc., 1794 The Alameda, San Jose, CA 95126 Melinda Denis, Planner I RESOLUTION NO. 10435 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ADOPTING A MITIGATED NEGATIVE DECLARATION FOR THE PROJECT LOCATED AT 121-133 KENNEDY AVENUE. After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the City Council did determine that the adoption of a Mitigated Negative Declaration is warranted based upon the following findings: 1. An Initial Study has been prepared for the Kennedy Manor project located at 121-133 Kennedy Avenue, which provides documentation for the factual basis for concluding that a Mitigated Negative Declaration may be adopted since no substantial evidence exists, in light of the whole record, that the project may have a significant effect on the environment. The project consists of the construction of eight small-lot single-family homes and the removal of seven protected trees. 2. The Mitigated Negative Declaration describes the reasons that the Kennedy Manor Project will not have a significant effect on the environment and therefore does not require the preparation of an Environmental Impact Report, pursuant to the California Environmental Quality Act Guidelines. 3. There are no responsible agencies or trustee agencies responsible for resources affected by the Kennedy Manor Project. 4. The City of Campbell provided a Notice of Intent to adopt a Mitigated Negative Declaration to the public via the Campbell Express and the County Clerk. 5. The City of Campbell provided a 20-day public review period of the draft Mitigated Negative Declaration pursuant to the California Environmental Quality Act Guidelines. The 20-day public review period was between October 20, 2004 and November 8, 2004. 6. The mitigation measures identified in the Mitigated Negative Declaration are included as conditions of approval of the Planned Development Permit. 7. The Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council. Based upon the foregoing findings of fact, the City Council further finds and concludes that: No substantial evidence has been presented from which a reasonable argument could be made that shows that the proj ect, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. City Council Resolution ' Adoption of a Mitigated Negative Declaration -121-133 Kennedy Avenue Page 2 2. The Custodian of the Record for the Mitigated Negative Declaration and Initial Study is the City Clerk of the City of Campbell, located at 70 North First Street, Campbell, California. PASSED AND ADOPTED this 4thday of January , 2005, by the following roll call vote: AYES: COUNCILMEMBERS: Burr, Furtado, Watson, Kennedy NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: xern ez APPRO e P. Kennedy, Mayor ATTEST: Anne Bybee, City Clerk f~4tIE mw~GOrtacs ir~e~~#~.~~T is A ~, MID CORREOT Cpl o~ S~iB pR{~ Ql1 Ptle NI T!!!B Of~c'rCt. : MIN! BYBEE, CITr CLERK. CF7Y OF CALIl~iNIA n -- ~;~ ~~ ~ ~~ a RESOLUTION NO. ] 0436 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A PLANNED DEVELOPMENT PERMIT (PLN2004-45) TO ALLOW THE CONSTRUCTION OF EIGHT SMALL LOT SINGLE-FAMILY HOMES ON PROPERTY OWNED BY CULLEN DEMATTEI DEVELOPMENT, INC. LOCATED AT 121-133 KENNEDY AVENUE IN A PD (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. BRUNO MARCELIC, ON BEHALF OF CULLEN DEMATTEI DEVELOPMENT, INC. FILE NO.: PLN2004-45. After notification and public hearing, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the City Council did find as follows with respect to application PLN2004-45: The density of the proposed project site is 10.95 units per gross acre, which is consistent with the General Plan land use designation of Medium Density Residential (14-20 units per gross acre). 2. The proposed project is consistent with the Planned Development Zoning Ordinance. 3. The site plan proposes the construction of eight small-lot single-family homes. Units 1, 2, 5, and 6 take vehiculaz access from Industrial Way via a 20'-0" wide common driveway running eastlwest. Units 3, 4, 7, and 8 take vehicular access from Kennedy Avenue via a 20'-0" wide common driveway running north/south. 4. Private open space is provided for each unit by a private reaz yazd or side yard area. Units 1- 4 have private yazds located on the side of each unit with a minimum width of 12'-0". Units 5-8 have private yazds located at the reaz of each unit with a minimum depth of 10'-0". The private yards have an average area of 396 squaze feet with a range of 300 to 570 square feet. 5. The project provides 24 off-street parking spaces, or 3 parking spaces per unit. 6. The completed project would consist of eight small-lot single-family homes with a building coverage of 39%, landscaping coverage of 28% and paving coverage of 32%. 7. The proposed project will have a floor area ratio of 0.73.. 8. The subject property is surrounded by single-family residences to the north and west, a private school and mixed commercial to the south, and light industrial to the east. 9. The proposed massing and design of the buildings aze consistent with other developments in the surrounding area and recent small-lot single-family developments. City Council Resolution PLN2004-45- 121-133 Kennedy Avenue-Planned Development Permit Page 2 10. The project is located within'/a mile of the Vasona Light Rail Downtown Station and Vasona Light Rail Winchester Station. 11. A Mitigated Negative Declaration has been prepared for this project concluding that there are no significant unmitigated impacts associated with this project, pursuant to the California Environmental Quality Act (CEQA). Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. The proposed development will result in a more desirable environment and use of the land than would be possible under any other zoning classification. 2. The development will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 3. The development will be compatible with the Zoning Code of the City. 4. The development will not result in allowing more residential units than would be allowed by other residential zoning districts, which aze consistent with the General Plan designation of the property. 5. The proposed development will not be detrimental to the health, safety or welfaze of the neighborhood or the City as a whole. 6. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. 7. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 8. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. NOW, THEREFORE, BE IT RESOLVED that the City Council approves a Planned Development Permit (PLN2004-45) to allow the construction of eight small-lot single-family homes on property owned by Cullen DeMattei Development, Inc., located at 121-133 Kennedy Avenue in a PD (Planned Development) Zoning District. Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. City Council Resolution PLN2004-45- 121-133 Kennedy Avenue-Planned Development Permit Page 3 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division 1. Approved Project: Approval is granted for a Planned Development Permit to allow the construction of eight small-lot single-family homes located at 121-133 Kennedy Avenue. The building design and site design shall substantially conform to the project exhibits listed below, except as may be modified by the conditions of approval herein: a. Project plans prepared by Bruno Marcelic Architect, AIA and stamped as received by the Planning Division on November 4, 2004, including a site plan, floor plans, elevations, and conceptual planting plan. b. Color and material board submitted by Bruno Marcelic Architect, AIA and stamped as received by the Planning Division on November 4, 2004. c. Tentative Parcel Map and conceptual Grading and Drainage Plan prepared by, Giulani & Kull Inc., stamped and received by the Planning Division on November 4, 2004. 2. Permit Expiration: The Planned Development Permit is valid for a period of two years from the date of final City Council approval. A building permit must be obtained within this two- yearperiod or the Planned Development Permit shall be void. 3. Parcel Man: The Planned Development Permit approval is contingent upon recordation of the Final Map to divide the subject property. The Final Map shall be recorded prior to the issuance of building permits. 4. Park Impact Fee: A park impact fee of $7,035 per unit is due upon development of the site. Credit in the amount of $10,990 will be given for the existing single-family residence. Prior to recordation of the Parcel Map, 75% of this fee is due. The remaining 25% is due prior to issuance of a certificate of building occupancy. 5. Landscape Plan: The applicant shall submit four sets of a landscape and irrigation plan to the Planning Division, prior to the issuance of building permits, for review and approval by the Community Development Director. The landscape and irrigation plan shall substantially conform with the approved conceptual landscape plan and the City's Water Efficient Landscaping Standards (WELS) and shall include the following: a. All shrubs shall be a minimum five gallon size plant material and all trees shall be a minimum 24 inch boxed container, except for the trees along the northern property line shall be a minimum of 36-inch boxed container. b. The four Camphor trees along the southern property line shall be retained and protected. c. Landscape plan shall include fencing details including type, material, height, and location. d. Landscape plan shall illustrate appropriate quantities and sizes of plant materials. e. All landscape areas shall be protected by 6-inch high poured in place concrete curb. f. All landscaping shall be installed prior to building occupancy. City Council Resolution PLN2004-45- 121-133 Kennedy Avenue-Planned Development Permit Page 4 g. The proposed street tree near Unit 1 shall be relocated to the satisfaction of the Community Development Director. 6. Landscape Maintenance: The owner/operator of the property shall provide on-going maintenance for the required landscaping for the project. 7. Tree Protection Plan: The applicant shall submit a tree protection plan for all protected trees to be retained on site and shall contain specific information about the preservation of the trees during any grading or building on site. Such tree protection measures shall be installed prior to any demolition, grading, or building on the project site. No construction or trenching shall take place within the drip line of trees and a fence constructed of temporary cyclone fencing or wire mesh securely attached to poles driven into the ground shall be installed around the drip line of the tree. All trimming or branch removal from protected trees shall be completed by a certified arborist. The tree protection plan shall be submitted to the Planning Division for review and approval by the Community Development Director prior to the issuance of building permits. 8. Fences: Any new or existing fencing shall comply with Section 21.18.060 of the Campbell Municipal Code and shall be reviewed and approved by the Community Development Director prior to issuance of any building permits for the project. a. The six-foot high fencing around Unit 1's private yard shall be located a minimum of one foot, six inches behind the western property line. 9. Parking and Driveway: All parking and driveway areas shall be developed in compliance with Chapter 21.28 of the Campbell Municipal Code and the approved project plans. The applicant shall provide a decorative pavement material within the common access driveway, uncovered parking spaces and walkways. The design and material to be used for the decorative pavement shall be reviewed and approved by the Community Development Director prior to issuance of building permits for the project. 10. Utility Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to installation of PG&E transformers and San Jose Water Company back-flow preventers, indicating the location of the facilities and screening (if the facilities are above ground) for approval by the Community Development Director. 11. Existin¢ Utility Facilities: All existing off-site utility facilities that directly serve the project site may remain overhead. No new poles or overhead lines shall be allowed. 12. On-Site Lighhtin~ On-site lighting shall be shielded away from adjacent properties and directed on site. The design and type of lighting fixtures and lighting intensity of any proposed exterior lighting for the project shall be reviewed and approved by the Community Development Director prior to installation of the lighting for compliance with all applicable Conditions of Approval, ordinances, laws and regulations. Lighting fixtures shall be of a City Council Resolution PLN2004-45- 121-133 Kennedy Avenue-Planned Development Permit Page 5 decorative design to be compatible with the residential development and shall incorporate energy saving features. 13. Architectural Details: Prior to issuance of building permits, the applicant shall provide details of the building materials including garage doors, window trim, exterior door schedules, and color schemes to the Community Development Director for review and approval. a. The project building plans shall incorporate construction grade dual pane thermal windows along the eastern building wall of and for Units 4 and 8. The applicant shall utilize full window (glass and frame) assemblies that have been tested for sound ratings to the satisfaction of the Building Official. 14. Paint Colors: Final color approval shall be subject to field review and approval by the Community Development Director. 15. Covenants, Codes and Restrictions (CC&Rsl: Prior to recordation of the Pazcel Map and CC&R's, the applicant shall submit for review and approval by the City Attorney and Community Development Director a copy of the draft CC&Rs which shall include the following: a. Formation of a Homeowner's Association to ensure the long-term maintenance of buildings and property; b. Continued architectural controls to ensure the azchitectural integrity of the project; c. Definition of common azeas to be maintained and provision of maintenance for these azeas; d. Provision of a funding mechanism to ensure maintenance and upkeep of common areas and shared building walls and roofs to be repaired, repainted, and/or replaced as necessary; e. Provision to provide on-going maintenance of the required landscaping for the project; f. Provision for the availability of two interior gazage spaces for each unit for the pazking of vehicles at all times; and g. Provision to prohibit the use of pazking spaces for storage purposes, including boats, trailers and recreational vehicles. 16. Contractor Contact Information Postins: The project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street prior to the issuance of building permits. 17. Construction Mitigation Measures: The applicant shall implement the following construction mitigation measures: a. Construction activities will be limited to daytime hours of 8:00 am to 5:00 p.m. weekdays and 9:00 a.m. to 4:00 p.m. Saturdays. Construction is prohibited on Sundays and Holidays unless an exception is granted by the Building Official. b. No pile driving is allowed for construction of the project. City Council Resolution PLN2004-45- 121-133 Kennedy Avenue-Planned Development Permit Page 6 c. All internal combustion engines for construction equipment used on the site will be properly muffled and maintained. d. All stationary noise generating construction equipment, such as air compressors and portable power generator, will be located as far as practical from the existing residences and businesses. e. All active construction azeas shall be watered at least twice daily. f. Cover all trucks hauling soil and other loose materials stationed or prior to leaving the site. g. Pave, apply water, or apply non-toxic soil stabilizers on all unpaved surfaces, and staging azeas at the construction site. 18. Outdoor Storaee: No outdoor storage is permitted on the property. No construction equipment, construction vehicles, and/or construction debris shall be pazked and/or stored on the property. 19. Property Maintenance: The property is to be maintained free of any combustible trash, debris and weeds until the time that actual construction commences. All existing structures shall be secured by having windows boarded up and doors sealed shut, or be demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). Building Division 20. Permits Required: A building permit application shall be required for each proposed new dwelling. The building permit shall include ElectricaVPlumbing/Mechanical fees when such work is part of the permit. 21. Plan Prepazation: This project requires plans prepazed under the direction and oversight of a California licensed Engineer or Architect. Plans submitted for building permits shall be "wet stamped" and signed by the qualifying professional person. 22. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 23. Size of Plans: The size of construction plans submitted for building permits shall be 24 inches by 36 inches. 24. Soils Report: Two copies of a current soils report, prepared to the satisfaction of the Building Official, containing foundation and retaining wall design recommendations shall be submitted with the building permit application. This report shall be prepazed by a licensed engineer specializing in soils mechanics. 25. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. The site plan shall also include site drainage details. City Council Resolution PLN2004-45- 121-133 Kennedy Avenue-Planned Development Permit Page 7 26. Foundation Inspections: A pad certificate prepared by a licensed civil engineer or land surveyor shall be submitted to the project building inspector upon foundation inspection. This certificate shall certify compliance with the recommendations asspecified in the soils report and the building pad elevation and on-site retaining wall locations and elevations are prepared according to approved plans. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer for the following items: a. pad elevation b. finish floor elevation (first floor) c. foundation corner locations 27. Title 24 Energy Compliance: California Title 24 Energy Compliance forms CF-1R and MF- 1R shall be blue-lined on the construction plans. 8'/z X 11 calculations shall be submitted as well. 28. Special Inspections: When a special inspection is required by U.B.C. Section 1701, the azchitect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permits, in accordance with U.B.C. Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 29. Non-Point Source Pollution Control: The City of Campbell standard Santa Clara Valley Non-point Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet (size 24 inches by 36 inches) is available at the Building Division service counter. 30. P.G.&E.: The applicant is advised to contact P.G.&E. as early as possible in the approval process. Service installations, changes and/or relocations may require substantial scheduling time and can cause significant delays in the approval process. The applicant should also consult with P.G.&E. concerning utility easements, distribution pole locations and required conductor cleazances. 31. Demolition of Structures: All demolitions of existing structures require approval of a building permit by the City of Campbell Building Inspection Division. Contact the Division concerning requirements for demolitions prior to attempting to demolish any structures. 32. Construction Fencing?: This project shall be properly enclosed with construction fencing to prevent unauthorized access to the site during construction. The construction site shall be secured to prevent vandalism and/or theft during hours when no work is being done. All protected trees shall be fenced to prevent damage to root systems. 33. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. West Valley Sanitation District (378-2407) b. Santa Claza County Fire Department (378-4010) c. Bay Area Air Quality Management District (Demolitions Only) d. School District: City Council Resolution PLN2004-45- 121-133 Kennedy Avenue-Planned Development Permit Page 8 i. Campbell Union School District (378-3405) ii. Campbell Union High School District (371-0960) iii. Moreland School District (379-1370) iv. Cambrian School District (377-2103) Note: To determine your district, contact the offices identified above. Obtain the School District payment form from the City Building Division, after the Division has approved the building permit application. 34. Archaeological & Paleontological Resources: If azchaeological or paleontological resources are encountered during excavation or construction, construction personnel shall be instructed to immediately suspend all activity in the immediate vicinity of the suspected resources and the City and a licensed azcheologist or paleontologist shall be contacted to evaluate the situation. A licensed azcheologist or paleontologist shall be retained to inspect the discovery and make any necessary recommendations to evaluate the find under current CEQA guidelines prior to the submittal of a resource mitigation plan and monitoring program to the City for review and approval prior to the continuation of any on-site construction activity. 35. Human Burial or Skeletal Element Discovery: In the event a human burial or skeletal element is identified during excavation or construction, work in that location shall stop immediately until the find can be properly treated. The City and the Santa Claza County Coroner's office shall be notified. If deemed prehistoric, the Coroner's office would notify the Native American Heritage Commission who would identify a "Most Likely Descendant (MLD)." The archeological consultant and MLD, in conjunction with the project sponsor, shall formulate an appropriate treatment plan for the find, which might include, but not be limited to, respectful scientific recording and removal, being left in place, removal and reburial on site, or elsewhere. Associated grave goods are to be treated in the same manner. 36. Design=Specific Geotechnical Anal,: Prior to issuance of building permits for the project, a registered geotechnical engineer shall prepaze adesign-specific geotechnical analysis, and all recommendations of the analysis shall be incorporated into the project's final engineering design to minimize the damage from seismic shaking. The project sponsor shall use standard engineering techniques and conform to the requirements of the Uniform Building Code to reduce the potential for seismic damage and risk to future occupants. 37. Short-term Air Ouali Mitigation Measures: The following practices should be followed during all phases of site prepazation and construction activities: a. Use dust-proof chutes for loading construction debris onto trucks. b. Water or cover stockpiles of debris, soil, and other materials that can be blown by the wind. c. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboazd. d. Sweep daily (with water sweepers) all paved access roads, parking azeas, and staging azeas at the construction site. City Council Resolution PLN2004-45- 121-133 Kennedy Avenue-Planned Development Permit Page 9 e. Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets, as directed by the City Engineer. f. Enclose, cover, water twice daily or, or apply (non-toxic) soil stabilizers to exposed stockpiles (dirt, sand, etc.). g. Install erosion control measures to prevent runoff from the project site. COUNTY FIRE DEPARTMENT 38. Formal Plan Review: Review of this development proposal is limited to accessibility of site access and water supply as they pertain to fire department operations, and shall mot be construed as a substitute for formal plan review to determine compliance with adopted model codes. Prior to performing any work the applicant shall make application to, and receive from, the Building Division all applicable construction permits. 39. Required Fire Flow: The fire flow for this project is 1,000 gpm at 20 psi residual pressure. The required fire flow is available from azea water mains and fire hydrant(s) which aze spaced at the required spacing. 40. Fire Apparatus ngine) Access Roads Required: Provide on-site access roadways with a paved all weather surface, a minimum unobstructed width of 20 feet, vertical cleazance of 13 feet, 6 inches. Installations shall conform with Fire Department Standard details and Specifications sheet A-1. Note specifically, the East access road restriction to 16'. 41. Fire Lane Mazking Required: Roadways deemed necessary to facilitate emergency vehicle access, shall be identified in accordance with Fire Department Standazd Details and Specifications A-6 and Local Government Standazds. 42. Premises Identification: Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background. 43. As the improved roadway width on Industrial Avenue appeazs to become 28', there may be pazking permitted along one side of the roadway only. The other side of the street shall be properly identified as no pazking permitted. The City of Campbell shall designate which side of the street parking will be allowed on. PUBLIC WORKS DEPARTMENT 44. Final Pazcel Man: Prior to issuance of any building permits for the project, the applicant shall submit a final parcel map for review by the City and recordation, upon approval by the City Council. The current plan check fee is $3,200 plus $35 per lot. 45. Ri t-of--Way for Public Street Pu~oses: Upon recordation of the final map, the applicant shall cause additional right of way to be grated for public street purposes along the Industrial way frontage to accommodate a 21.5' half street width (i.e. 4 feet of dedication). The City Council Resolution PLN2004-45- 121-133 Kennedy Avenue-Planned Development Permit Page 10 applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 46. Public Service Easement and Sidewalk Easement: Upon recordation of the final map, the applicant shall grant a five (5) foot public service easement and sidewalk-easement on private property contiguous with the public right of way along the Kennedy Avenue and Industrial Way frontages. The applicant shall cause all documents to be prepazed by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 47. Private Easements: Upon recordation of the parcel map, the applicant shall cause private easements to be recorded for private utilities, private storm drains, reciprocal ingress and egress, emergency vehicles, etc. 48. Monumentation for Parcel Man: Prior to recordation of the parcel map, the applicant shall provide security for setting all monuments shown on the map. 49. Street Improvements: Upon recordation of the pazcel map, the applicant shall execute a street improvement agreement, cause plans for public street improvements to be prepazed by a registered civil engineer, pay various fees and deposits, post security and provide insurance necessary to obtain an encroachment permit for construction of the standazd public street improvements, as required by the City Engineer. The plans shall include the following: Kennedy Avenue a. Removal of existing sidewalk, driveway approach and curb & gutter. b. Removal of existing curb ramp at corner of Kennedy Avenue and industrial Way. c. Installation of City standazd curb, gutter, sidewalk and ADA compliant driveway approach. d. Installation of ADA compliant curb ramp at corner of Kennedy Avenue and Industrial Way. e. Preservation of existing trees behind sidewalk and installation of additional tress and irrigation as required by City Engineer. f. Installation of traffic control, stripes and signs. g. Construction of conforms to existing public and private improvements, as necessary. Industrial Way a. Removal of existing sidewalk, curb & gutter and driveway approach. b. Removal of existing driveway approach at 120 Sunnyside Avenue, along the Industrial Way frontage. c. Removal of the existing pavement structural section and installation of new pavement structural section to centerline, or as required by the City Engineer. d. Installation of City standazd curb, gutter, sidewalk and ADA compliant driveway approach. e. Installation of ADA compliant driveway approach at 120 Sunnyside Avenue, along the Industrial way frontage. f. Installation of trees and irrigation at 40 feet on center behind sidewalk. ~- _- City Council Resolution PLN2004-45- 121-133 Kennedy Avenue-Planned Development Permit Page 11 g. Installation of a new streetlight, including conductor, conduits, and related facilities in accordance with the City of Campbell's Street Lighting Policies. h. Installation of traffic control, stripes and signs, including no pazking signs along the frontage of the development. i. Construction of conforms to existing public and private improvements, as necessary. 50. Occupancy Prior to allowing occupancy for any and/or all buildings, the applicant shall have the required street improvements installed and accepted by the City. 51. Water Meter(s) and Sewer Cleanou~s): Existing and proposed water meter(s) and sewer cleanout(s) shall be installed on private property behind the public right-of--way line. 52. Soils Report: Prior to issuance of any grading or building permits for the site, applicant shall provide a soils report prepared by a registered geotechnical or civil engineer. 53. Utilities: All new on-site utilities shall be installed underground per Section 21.18.140 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. 54. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. Streets that have been resurfaced within the previous five years will require boring and jacking for all new utility installations. Applicant shall also prepare pavement restoration plans for approval by the City Engineer prior to any utility installation or abandonment. 55. Grading and Draina eg_ Plan: Prior to issuance of any grading or building permits for the site, the applicant shall conduct hydrology studies based on a ten-yeaz storm frequency, prepare an engineered grading and drainage plan, and pay fees required to obtain necessary grading permits. The plans shall comply with the 1998 edition of the California Building Code including Chapters 10, 11, 18, 33, and Appendix Chapter 33. 56. Storm Drain Area Fee: Prior to recordation of the parcel map/final map, the applicant shall pay the required Storm Drain Area fee of $2,250.00 per net acre, which is $1,282.50. 57. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Claza Valley Water District requirements, and the Campbell Municipal Code regarding stormwater pollution prevention. The primary objectives aze to improve the quality and reduce the quantity of stormwater runoff to the bay. Resources to achieve these objectives include Stormwater Best Management Practices Handbook for New Development and Redevelopment ("CA BMP Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design City Council Resolution PLN2004-45- 121-133 Kennedy Avenue-Planned Development Permit Page 12 Guidance Manual for Stormwater Quality Protection ("Start at the Source") by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Stormwater Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. 58. Covenants. Conditions, and Restrictions: Provide copies of CC&Rs for review by the City prior to recordation of the parcel map and CC&Rs. 59. Demolition: Prior to recording of the final map/parcel map the applicant shall obtain a demolition permit and remove any nonconforming structures. PASSED AND ADOPTED this 4th day of January , 2005, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Burr, Furtado, Watson, Kennedy None None crs, c e~ ~x~ ~~ ~ ~Fg 6i"FiG'E. !0f ~~~ Anne Bybee, City Clerk RESOLUTION NO. 10437 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A TENTATIVE SUBDIVISION MAP (PLN2004- 46) TO SUBDIVIDE A PARCEL INTO EIGHT RESIDENTIAL LOTS WITH ONE COMMON LOT ON PROPERTY OWNED BY CULLEN DEMATTEI DEVELOPMENT, INC., LOCATED AT 121-133 KENNEDY AVENUE IN A PD (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. BRUNO MARCELIC, ON BEHALF OF CULLEN DEMATTEI DEVELOPMENT, INC. FILE NO.: PLN2004-46. After notification and public hearing, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the City Council did find as follows with respect to application PLN2004-46: 1. The proposed creation of eight residential lots and one common lot is consistent with the Medium Density Residential (14-20 units per gross acre) General Plan land use designation for the property. 2. The proposed Tentative Pazcel Map is consistent with the Planned Development Zoning Ordinance. 3. The provisions of the Covenants Conditions and Restrictions aze necessary to ensure the long-term maintenance of the common access driveway and landscaping. 4. The Tentative Pazcel Map has been distributed to local agencies, including Pacific Gas and Electric, West Valley Sanitation District, Santa Claza Valley Transportation Authority and the Santa Clara Valley Water District. None of these agencies raised any concerns about providing services to the proposed lots. 5. A Mitigated Negative Declaration has been prepared for this project concluding that there are no significant unmitigated impacts associated with this project, pursuant to the California Environmental Quality Act (CEQA). Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. The proposed Tentative Parcel Map is consistent with the General Plan and Zoning Ordinance of the City. 2. The proposed Tentative Parcel Map does not impair the balance between the housing needs of the region and the public service needs of its residents and available fiscal and environmental resources. City Council Resolution PLN2004-46 -121-133 Kennedy Avenue -Tentative Subdivision Map Page 2 3. The design of the Tentative Parcel Map provides, to the extent feasible, for future passive or natural heating and cooling opportunities. 4. The development and uses will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 5. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. 6. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 7. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. NOW, THEREFORE, BE IT RESOLVED that the City Council approves a Tentative Subdivision Map (PLN2004-46) to subdivide property into eight residential lots and one common lot on property owned by Cullen DeMattei Development, Inc., located at 121-133 Kennedy Avenue in a PD (Planned Development) Zoning District. Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. COMMUNITY DEVELOPMENT DEPARTMENT PlanninE Division 1. Approved Project: Approval is granted for a Tentative Parcel Map to create eight residential lots and one common lot at 121-133 Kennedy Avenue. The Final Map shall substantially conform to the Tentative Parcel Map prepared by Giuliani & Kull, Inc., Engineers, Planners, and Surveyors, and dated as received by the Planning Division on November 4, 2004, except as may be modified by the conditions of approval herein. a. Applicant shall provide a common lot in addition to the eight residential lots shown on the Tentative Parcel Map, prior to submittal of the Final Parcel Map. 2. Annroval ExExpiration: The Tentative Parcel Map approval is valid for a period of two years from the date of final City Council approval unless an extension is granted prior to the expiration date. City Council Resolution PLN2004-46 -121-133 Kennedy Avenue -Tentative Subdivision Map Page 3 3. Parcel Man: The Planned Development Permit approval is contingent upon recordation of the Final Map to divide the subject property. The Final Map shall be recorded prior to the issuance of building permits. 4. Covenants, Codes and Restrictions (CC&RsZ Prior to recordation of the Final Map and CC&R's, the applicant shall submit for review and approval by the City Attorney and Community Development Director a copy of the draft CC&Rs which shall include the following: a. Formation of a Homeowner's Association to ensure the long-term maintenance of buildings and property; b. Continued architectural controls to ensure the architectural integrity of the project; c. Definition of common areas to be maintained and provision of maintenance for these areas; d. Provision of a funding mechanism to ensure maintenance and upkeep of common areas and shared building walls and roofs to be repaired, repainted, and/or replaced as necessary; e. Provision to provide on-going maintenance of the required landscaping for the project; f. Provision for the availability of two interior garage spaces for each unit for the parking of vehicles at all times; and g. Provision to prohibit the use of parking spaces for storage purposes, including boats, trailers and recreational vehicles. 5. Park Impact Fee: A park impact fee of $7,035 per unit is due upon development of the site. Credit in the amount of $10,990 will be given for the existing single-family residence. Prior to recordation of the Parcel Map, 75% of this fee is due. The remaining 25% is due prior to issuance of a certificate of building occupancy. 6. Property Maintenance: The property is to be maintained free of any combustible trash, debris and weeds until the time that actual construction commences. All existing structures shall be secured by having windows boarded up and doors sealed shut, or be demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). PUBLIC WORKS DEPARTMENT 7. Final Parcel Man: Prior to issuance of any building permits for the project, the applicant shall submit a final parcel map for review by the City and recordation, upon approval by the City Council. The current plan check fee is $3,200 plus $35 per lot. 8. Ri t-of-Way for Public Street Purposes: Upon recordation of the final map, the applicant shall cause additional right of way to be grated for public street purposes along the Industrial way frontage to accommodate a 21.5' half street width (i.e. 4 feet of dedication). The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. City Council Resolution PLN2004-46 -121-133 Kennedy Avenue -Tentative Subdivision Map Page 4 9. Public Service Easement and Sidewalk Easement: Upon recordation of the final map, the applicant shall grant a five (5) foot public service easement and sidewalk easement on private property contiguous with the public right of way along the Kennedy Avenue and Industrial Way frontages. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 10. Private Easements: Upon recordation of the parcel map, the applicant shall cause private easements to be recorded for private utilities, private storm drains, reciprocal ingress and egress, emergency vehicles, etc. 11. Monumentation for Parcel Map: Prior to recordation of the parcel map, the applicant shall provide security for setting all monuments shown on the map. 12. Street Improvements: Upon recordation of the parcel map, the applicant shall execute a street improvement agreement, cause plans for public street improvements to be prepared by a registered civil engineer, pay various fees and deposits, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City Engineer. The plans shall include the following: Kennedy Avenue a. Removal of existing sidewalk, driveway approach and curb & gutter. b. Removal of existing curb ramp at corner of Kennedy Avenue and industrial Way. c. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway approach. d. Installation of ADA compliant curb ramp at corner of Kennedy Avenue and Industrial Way. e. Preservation of existing trees behind sidewalk and installation of additional tress and irrigation as required by City Engineer. f. Installation of traffic control, stripes and signs. g. Construction of conforms to existing public and private improvements, as necessary. Industrial Way a. Removal of existing sidewalk, curb & gutter and driveway approach. b. Removal of existing driveway approach at 120 Sunnyside Avenue, along the Industrial Way frontage. c. Removal of the existing pavement structural section and installation of new pavement structural section to centerline, or as required by the City Engineer. d. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway approach. e. Installation of ADA compliant driveway approach at 120 Sunnyside Avenue, along the Industrial way frontage. f. Installation of trees and irrigation at 40 feet on center behind sidewalk. g. Installation of a new streetlight, including conductor, conduits, and related facilities in accordance with the City of Campbell's Street Lighting Policies. h. Installation of traffic control, stripes and signs, including no parking signs along the frontage of the development. City Council Resolution PLN2004-46 -121-133 Kennedy Avenue -Tentative Subdivision Map Page 5 i. Construction of conforms to existing public and private improvements, as necessary. 13. Occupancy Prior to allowing occupancy for any and/or all buildings, the applicant shall have the required street improvements installed and accepted by the City. 14. Water Meter(s) and Sewer Cleanout(s~ Existing and proposed water meter(s) and sewer cleanout(s) shall be installed on private property behind the public right-of--way line. 15. Soils Report: Prior to issuance of any grading or building permits for the site, applicant shall provide a soils report prepazed by a registered geotechnical or civil engineer. 16. Utilities: All new on-site utilities shall be installed underground per Section 21.18.140 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. 17. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. Streets that have been resurfaced within the previous five years will require boring and jacking for all new utility installations. Applicant shall also prepaze pavement restoration plans for approval by the City Engineer prior to any utility installation or abandonment. 18. Grading and Drainage Plan: Prior to issuance of any grading or building permits for the site, the applicant shall conduct hydrology studies based on a ten-yeaz storm frequency, prepare an engineered grading and drainage plan, and pay fees required to obtain necessary grading permits. The plans shall comply with the 1998 edition of the California Building Code including Chapters 10, 11, 18, 33, and Appendix Chapter 33. 19. Storm Drain Area Fee: Prior to recordation of the pazcel map/final map, the applicant shall pay the required Storm Drain Area fee of $2,250.00 per net acre, which is $1,282.50. 20. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Dischazge Elimination System (NPDES) permit requirements, Santa Claza Valley Water District requirements, and the Campbell Municipal Code regazding stormwater pollution prevention. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay. Resources to achieve these objectives include Stormwater Best Management Practices Handbook for New Development and Redevelopment ("CA BMP Handbook") by the California Stormwater Quality Association (CASQA), 2003;. Start at the Source: A Design Guidance Manual for Stormwater Quality Protection ("Start at the Source") by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Stormwater Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. City Council Resolution PLN2004-46 -121-133 Kennedy Avenue -Tentative Subdivision Map Page 6 21. Covenants. Conditions, and Restrictions: Provide copies of CC&Rs for review by the City prior to recordation of the parcel map and CC&Rs. 22. Demolition: Prior to recording of the final map/parcel map the applicant shall obtain a demolition permit and remove any nonconforming structures. PASSED AND ADOPTED this gt~iay of January , 2005, by the following roll call vote: AYES: COUNCILMEMBERS: Burr, Furtado, Watson, xennedy NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: x nande APPRO e P. Kennedy, Mayor ATTEST: Anne Bybee, City Clerk ~covY~~ ,~' a ~ ~~~-+~s ~c~ cs~"t ...~~_ eerr a~ RESOLUTION NO. 10438 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A TREE REMOVAL PERMIT (PLN2004-47) TO ALLOW THE REMOVAL OF SEVEN PROTECTED TREES ON PROPERTY OWNED BY CULLEN DEMATTEI DEVELOPMENT, INC., LOCATED AT 121-133 KENNEDY AVENUE IN A PD (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. BRUNO MARCELIC, ON BEHALF OF CULLEN DEMATTEI DEVELOPMENT, INC. FILE NO.: PLN2004-47. After notification and public hearing, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the City Council did find as follows with respect to application PLN2004-47: 1. The proposed Tree Removal Permit is consistent with the Medium Density Residential (14- 20 units per gross acre) General Plan land use designation and P-D (Planned Development) Zoning District. 2. The project will include the removal seven protected trees because they would prohibit the construction of the new buildings, the installation of the new utilities, and the installation of the sidewalks. 3. The seven 24-inch box replacement trees are consistent with the tree replacement requirements of the Tree Protection Regulations. 4. The proposed replacement trees will be a sufficient replacement for the trees to be removed and will continue the diversity of tree species found in the community. 5. A Mitigated Negative Declaration has been prepared for this project concluding that there are no significant unmitigated impacts associated with this project, pursuant to the California Environmental Quality Act (CEQA). Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. The retention of the trees restricts the economic enjoyment of the property and creates an unusual hardship for the property owner by severely limiting the use of the property in a manner not typically experienced by owners of similarly zoned and situated properties, and the applicant has demonstrated to the satisfaction of the Planning Commission that there are no reasonable alternatives to preserve the trees due to the number of site constraints of the infill site. 2. No substantial evidence has been presented from which a reasonable argument could be made that shows that the prof ect, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. City Council Resolution PLN2004-47 -121-133 Kennedy Avenue-Tree Removal Permit Page 2 3. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project NOW, THEREFORE, BE IT RESOLVED that the City Council approves a Tree Removal Permit (PLN2004-47 to allow the removal of seven protected trees on property owned by Cullen DeMattei Development, Inc. Company located at 121-133 Kennedy Avenue in a PD (Planned Development) Zoning District. Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. COMMUNITY DEVELOPMENT DEPARTMENT Planning Division: Auproved Permit: Approval is granted for a Tree Removal Permit to allow the removal of seven protected trees on property located at 121-133 Kennedy Avenue. This permit shall be valid only in conjunction with the approved Planned Development Permit (PLN2004-45). 2. Replacement Trees: Seven 24-inch box size trees shall be required as replacement for the seven protected trees to be removed. The location and species of these trees shall be shown on the detailed landscape and irrigation plans that shall be submitted to the Planning Division for review and approval by the Community Development Director, prior to the issuance of building permits. The proposed replacement trees shall continue the diversity of tree species found in the community and shall be a species listed in the City's Water Efficient Landscaping Standards (WELS). 3. Tree Protection Plan: The applicant shall submit a tree protection plan for all protected trees to be retained on site and shall contain specific information about the preservation of the trees during any grading or building on site. Such tree protection measures shall be installed prior to any demolition, grading, or building on the project site. No construction or trenching shall take place within the drip line of trees and a fence constructed of temporary cyclone fencing or wire mesh securely attached to poles driven into the ground shall be installed around the dripline of the tree. All trimming or branch removal from protected trees shall be completed by a certified arborist. The tree protection plan shall be submitted to the Planning Division for review and approval by the Community Development Director prior to the issuance of building permits. City Council Resolution PLN2004-47 -121-133 Kennedy Avenue-Tree Removal Permit Page 3 PASSED AND ADOPTED this 4thday of ,7~n„a,-~ , 2005, by the following roll call vote: AYES: COUNCILMEMBERS: Burr, Furtado, Watson, Kennedy NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Non ABSTAIN: COUNCII,MEMBERS: x nandez APPROV ` e P. Kennedy, Mayor ATTEST: Anne Bybee, City Clerk f~! IpAEQbti+ifl INSTI~it#~tlkhT ti8 A TRtsfc AllO GQIaREl7i CDPT OF TIiQ ORIOINJ~ pN FiLE ~fl Tl118 OFPEC98. ANIH BY8l.E. CITY CLERK CITY OE OALiFOfE11A. .~ U~,y 1.11~.AJ~.- city Council ITEM NO: 17 CATEGORY: MEETING DATE: Public Hearing January 4, 2005 Report TITLE Public Hearing to consider the application of Mr. Bruno Marcelic, on behalf of Cullen DeMattei Development Inc., for a Planned Development Permit (PLN2004-45) to allow the construction of eight small-lot single-family homes, a Tentative Subdivision Map (PLN2004-46) to subdivide the property, and a Tree Removal Permit (PLN2004-47) to allow the removal of seven protected trees on property owned by Cullen DeMattei Development Inc. located at 121-133 Kennedy Avenue in a P-D (Planned Development) Zoning District. CITY COUNCIL ACTION The Planning Commission recommends that the City Council take the following actions: 1. Adopt a Resolution, approving a Mitigated Negative Declaration for the Kennedy Manor Project, incorporating the attached findings; 2. Adopt a Resolution approving a Planned Development Permit (PLN2004-45) to allow the construction of eight small-lot single-family homes, incorporating the attached findings and subject to the attached conditions of approval; 3. Adopt a Resolution approving a Tentative Subdivision Map (PLN2004-46) to allow the creation of eight lots and one common lot, incorporating the attached findings and subject to the attached conditions of approval; and 4. Adopt a Resolution approving a Tree Removal Permit (PLN2004-47) to allow the removal of seven protected trees, incorporating the attached findings and subject to the attached conditions of approval. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act (CEQA), the City conducted an Initial Study for this project. The results of the study determined that no significant impacts would be created as a result of this project. Based upon the information provided in the Initial Study, the Planning Commission recommended that the City Council adopt the Mitigated Negative Declaration prepared for this project. BACKGROUND The applicant is requesting approval of a Planned Development Permit (PLN2004-45) to allow the construction of eight small-lot single-family homes, a Tentative Subdivision Map (PLN2004- 46) to subdivide the property, and a Tree Removal Permit (PLN2004-47) to allow the removal of seven protected trees on property located at 121-133 Kennedy Avenue. The project site is currently developed with asingle-family home and detached garage, which would be demolished with the construction of this project. Four Camphor trees would be retained along the Kennedy Avenue frontage. The subject property is located on the northeast corner of Industrial Way and Kennedy Avenue, between Industrial Way and Railway Avenue. The property is surrounded by City Council Report Page 2 PLN2004-45, 46 & 47 ~ 121-133 Kennedy Avenue Planned Development Permit, Tentative Subdivision Map and Tree Removal Permit single-family residences to the north and west, light industrial uses to the east, and a private school and mixed commercial sues to the south. The Planning Commission, at its meeting of November 9, 2004, forwarded a recommendation to the City Council by a 5-0 vote (one commissioner was absent and one commissioner abstained) to approve the applications. ANALYSIS General Plan Desi ation: The General Plan land use designation for the project site is Medium Density Residential, which permits residential development at 14-20 units per gross acre. The density of the proposed project is 10.95 units per gross per acre, which falls within the permitted density for the site. The proposed project is consistent with the General Plan Land Use Element. Zonin Designnation: The current zoning designation for the project site is P-D (Planned Development). The proposed project will be consistent with the P-D Zoning District with approval of a Planned Development Permit. Tentative Subdivision Man: The applicant is requesting approval of a Tentative Subdivision Map to subdivide the property into eight residential lots and one common lot. The common lot would consist of a common access driveway, shared parking spaces, and landscaping. A condition of approval has been added that requires the applicant to submit a draft copy of the Covenants, Conditions and Restrictions (CC&Rs) which provide for the formation of a homeowner's association to ensure the long-term maintenance of the common access driveway, shared parking spaces and landscaping. The draft CC&R's would be submitted prior to recordation of the Parcel Map, for review and approval by the Community Development Director and City Attorney. Planned Development Permit: The Planned Development Permit would allow the construction of eight detached small-lot single-family homes. The development would consist of four, two- story detached homes in the front adjacent to Kennedy Avenue and four, two-story detached homes at the rear adjacent to the common alley. Units 1, 2, 5, and 6 would take vehicular access from Industrial Way via a 20'-0" wide common driveway running east/west. Units 3, 4, 7, and 8 would take vehicular access from Kennedy Avenue via a 20'-0" wide common driveway running north/south. The proposed project provides a total of 24 parking spaces, or three spaces per unit. Each unit will have a two car garage and eight uncovered parking spaces are provided for guest parking. Street Improvements: The site plan proposes the dedication of land and installation of curb, gutter, sidewalk and lighting along Industrial Way, and the installation of curb, gutter, and sidewalk along Kennedy Avenue. The applicant will be required to plant new trees and .-- irrigation at 40-feet on center behind the sidewalk along Industrial Way. City Council Report Page 3 PLN2004-45, 46 & 47 ~ 121-133 Kennedy Avenue Planned Development Permit, Tentative Subdivision Map and Tree Removal Permit Tree Removal Permit: The applicant is proposing to remove seven protected trees that are protected under the City's Tree Protection Regulations. An arborist report was prepared for this project by a Certified Arborist. The conceptual landscape plan illustrates the planting of 13 new trees, which exceeds the minimum one-to-one replacement ratio and complies with the City's Tree Protection Ordinance. ALTERNATIVES 1. Approve the proposed project subject to additional and/or modified conditions of approval. 2. Deny the proposed project. 3. Continue for further review. FISCAL IMPACTS The proposed project will generate a park impact fee of $45,290 for the eight residential units. The project will also generate an undetermined increase in property tax revenues with the improvement of this parcel. Attachments: 1. Draft City Council Resolution (Mitigated Negative Declaration) 2. Draft City Council Resolution (Planned Development Permit) 3. Draft City Council Resolution (Tentative Subdivision Map) 4. Draft City Council Resolution (Tree Removal Permit) 5. Planning Commission Meeting Minutes and Resolutions 6. Planning Commission Staff Report 7. Project Exhibits Prepared by: ~~/' ~ ' w ~ ~~!~"~~ Melinda M. Denis, Planner Reviewed by: Sharon Fierro, Community Development Director Reviewed by: ~'~~G-'~L` J s '~kahashi, Acting Finance Director Approved by: M. SCity Manager Attachment #5 Planning Commission Minutes of November 9, 2004 Commissioner Rocha advised that he would need to recuse himself as he resides within 500 -- feet of this project site. He left the dais and Council Chambers for the duration of this Public Hearing. 4. PLN2004-45 Public Hearing to consider the application of Mr. Bruno Marcelic, Marcelic, B. on behalf of Cullen DeMattei Development, Inc., for a Planned Development Permit (PLN2004-45) to allow the construction of eight small-lot single-family homes; a Tentative Subdivision Map (PLN2004-046); and a Tree Removal Permit (PLN2004-47) to remove seven protected trees on property owned by Cullen DeMattei Development, Inc., located at 121-133 Kennedy Avenue in a P-D (Planned Development) Zoning District. A Mitigated Negative Declaration has been prepared for this project. Tentative City Council Meeting Date: January 4, 2005. Project Planner: Melinda Denis, Planner I Ms. Melinda Denis, Planner I, presented the staff report as follows: • Reported that the applicant is seeking approval of a Planned Development Permit, Tentative Subdivision Map and Tree Removal Permit for property located at 121-133 Kennedy Avenue, on the northeast corner of Industrial and Kennedy. • Described surrounding uses as single family residential to the north and west, light industrial to the east and a school and commercial uses to the south. • Stated that the allowable density for the parcel is 14-20 units per gross acre and the proposed development is at 10.95 units per gross acre. The site is zoned Planned Development. • Said that the 8 detached small lot single-family homes are consistent this zoning with approval of a Planned Development Permit. • Described the architectural style as Craftsman with varying elements and a different color scheme for each structure. • Said that 24 parking spaces would be provided or three per unit. Eight uncovered spaces would be provided for guest parking. The parking ratios for condominiums/townhomes is 3.5 spaces for unit. The parking ratio for single-family residences is 2 spaces per residence. • Stated that the Tentative Subdivision Map would create eight residential lots with joint easements over the driveway for ingress and egress. Staff is not supportive of this Subdivision Map without inclusion of a common lot for the shared driveway. • Reported that a final landscape plan has been conditioned. • Advised that 7 protected trees would be removed and 13 new trees are proposed in replacement. • Pointed out an error in her staff report and clarified that the Park Fee is actually $7,035 per unit. • Recommended approval and reported that the architect and property owners are present this evening. Commissioner Gibbons provided the Site and Architectural Review Committee report as follows: • SARC reviewed this project on October 26, 2004, and made recommendations that included a request for a colored streetscape elevation; the discussion that zero lot lines were not desirable; the request for a comparison between the site and landscape plans to ensure Planning Commission Minutes of November 9, 2004 Page 12 compatibility; the request for simplified materials and a request for a revised elevation for one of the units. Commissioner Gibbons asked staff to delineate the eight on-site visitors' parking spaces. Planner Melinda Denis pointed out the spaces per Sheet A-2.2. Commissioner Gibbons asked staff to discuss whether the requests made by SARC have been implemented. Planner Melinda Denis reported that the requested streetscape has been displayed this evening. The zero lot line issue can be reviewed by looking at the Tentative Map. The site and landscape plans were compared for compatibility. The simplifying of materials was done and the revised elevation for Unit 1 was done. Commissioner Gibbons pointed out that it was hazd to read the materials originally. Chair Doorley asked staff to compaze the parking for Ainsley Squaze and the Gilman Avenue Project. Planner Melinda Denis explained that the pazking provided for Ainsley Squaze was 2.4 spaces per unit. She did not have the details for the Gilman Project. However, the Orchazd Grove project, which is adjacent to Ainsley Squaze, provided 2.8 spaces per unit. Chair Doorley opened the Public Hearing for Agenda Item No 4. Mr. Tom Black, 128 Sunnyside Avenue, Campbell: • Said that his home is directly behind units 6 and 7 of this project. • Stated that staff and the Planning Department has done a good job with this project but that he had a couple of issues he would like the Commission to take into consideration. • Reported that parking is a problem in this area and that the project is providing eight non- covered pazking spaces for this site. • Said that they used to get Kennedy Avenue's commercial pazking over on Sunnyside. • Asked that something be done to ensure that the garages remain available for parking. • Expressed concern for the placement of the fencing along Industrial and that being six feet high at the sidewalk. This gives the impression of being confined when passing by as a pedestrian. • Said that his home is directly behind two of this project's lazgest units. Two lazge windows in Unit 6 would look into his bedroom. • Suggested that obscured glass be considered. • Expressed concern that trees that aze required to be planted may in the future be cut down. • Recommended that lazger and faster growing trees be planted to help buffer. • Asked that the shed on the property has a collapsing roof and should be immediately torn down. Chair Doorley asked staff for feedback on trees. Planning Commission Minutes of November 9, 2004 Page 13 Planner Melinda Denis said that the approved landscape plan would protect these newly planted trees. They are part of the overall approved project and must be retained. Chair Doorley asked about the request for the windows on Unit 6. Planner Melinda Denis said that this issue should be discussed with the developer, who maybe opposed to the use of frosted glass. Pointed out that there aze other existing homes in the azea with large windows. Mr. Kris Moe, 148 Sunnyside Avenue, Campbell: • Said that he lives on the other side of the fence from the project, two doors down from Tom Black. • Explained that his home receives most of its natural light from the back of the house. • Said he is concerned about the loss of this natural light if the homes constructed behind him are too tall. • Stated his concern about construction scheduling although this developer has a good reputation. Chair Doorley closed t Commissioner Hernandez asked Mr. Moe for the distance between his house and the property line. Mr. Kris Moe replied 15 feet to the back fence and the 10 foot width of the alleyway for a total of 25 feet. Commissioner Gibbons clarified that Mr. Moe's concern is loss of sunlight and it appears the unit behind him is 27 feet high. Planner Melinda Denis: • Corrected that Mr. Moe is impacted by Unit 8, which has a shorter height that is 19 feet, 6 inches at the gable/dormer window height. • Reported that the standard allowable construction hours are from 8 a.m. to 5 p.m., Monday to Friday, from 9 a.m. to 4 p.m. on Saturdays. • Suggested that problems occurring outside of normal business hours be forwazded to the Police Department, who is awaze of allowable construction hours and can shut down construction, and during business hours to the Building Division. Commissioner Roseberry added that there aze no construction hours permitted on Sundays and Holidays. Mr. Robert Cullen, Property Owner and Applicant: • Thanked staff for their efforts, saying that they had been treated extremely well by staff. • Said that project architect, Bruno Marcelic, has designed a fantastic project and DeMattei Construction will build a terrific project. • Stated that this is their first project in Campbell • Said that they have just one issue with the conditions imposed. The requirement for the creation of a common lot for the shared driveway. Planning Commission Minutes of November 9, 2004 Page 14 • Said that he cannot understand the City's requirement as having this shared lot requires the establishment of a formal Homeowners Association. Most people would not want to be a part of an HOA that serves just eight units. • Expressed his preference for an Informal Community Maintenance Group as all units are separately owned. The only thing requiring shared maintenance is the driveway. • Assured that CC&Rs would be drafted. • Reiterated that the requirement for the common lot and corresponding HOA is the only aspect of the project for which they disagree with staff's recommendation. • Said that they can comply with the Conditions A-G with the establishment of an Informal Community Maintenance Group. Homeowners Associations are intended for larger development projects and create legal and tax issues, including the requirement to file annual tax returns. There are fewer requirements with an Informal Community Maintenance Group • Added that the cost to establish an HOA is approximately $7,500 versus about $4,500 to establish an Informal Community Maintenance Group. Monthly dues would be approximately $80 per month for an HOA and approximately $45 per month for an Informal Community Maintenance Group. Additionally there is a $15,000 to $20,000 cost to process a Department of Real Estate application, which is required when establishing an HOA instead of relying on CC&Rs. Chair Doorley asked how Conditions A to G can be enforced without an HOA. Mr. Robert Cullen replied that there is no difference between an HOA and an Informal Community Maintenance Group. There is the same right to sue. Chair Doorley pointed out that having to sue pits neighbor against neighbor and becomes a civil matter. Mr. Robert Cullen: • Replied that all rights are the same. There is no difference between an HOA and Informal Community Maintenance Group. Both are bound by the same CC&Rs. • Stated that an HOA is not warranted in an eight unit development and costs $20,000 to establish. • Stated that most homeowners don't want to participate in an HOA, which is a marketing issue for the project. A project with an HOA is less marketable than one without an HOA. Commissioner Hernandez disagreed, saying the results are the same and it appears the issue for the developer just boils down to cost. Mr. Robert Cullen said this issue is cost. Cost to him and cost to the future homeowners. However, the issue is not just cost. It's what their clients want, a beautiful home without a HOA. Commissioner Hernandez pointed out that a having a project without an HOA represents more of asingle-family home development as opposed to a Planned Development. Mr. Robert Cullen said that this is asingle-family home development with a shared driveway. Planning Commission Minutes of November 9, 2004 Page 15 Commissioner Hernandez replied that it is a small lot development on a Planned Development zoned parcel. Mr. Robert Cullen said he loves everything else asked of them and they are prepared to comply. The only exception they seek to the imposed conditions is that the requirement for a formal HOA be eliminated, which offers a better product to their clients. Chair Doorley closed the Public Hearing for Agenda Item No. 4. Commissioner Hernandez asked staff to comment on the issue of requiring an HOA. Director Sharon Fierro: • Said that a residential PD project has never been approved in Campbell without an HOA. It has not been tried before. • Reported that the City receives many complaints with multi-owned projects. An HOA has the ability to place a lien on a property and handles liability issues. • Reminded that this is a tight site plan and issues such as illegal parking and blocking access must be dealt with by an HOA. Townhomes are unique projects with close living quarters and little open space. • Expressed concerned that approving this project without an HOA would set a precedent. Other applicants have asked. • Added that having such a development without an HOA is not allowed under the Subdivision Ordinance. To have a project without an HOA, each lot must be fronted on a public street. In this case, this requirement would not be met. City Attorney William Seligmann advised that a common driveway is allowed in a PD. Senior Planner Geoff I. Bradley reported that common lot projects are reviewed by the Department of Real Estate to make sure the HOA is fully funded and ready to operate. The City looks at CC&Rs for compliance with the City's Conditions of Approval. Director Sharon Fierro pointed out that the Department of Real Estate also projects future costs and sets dues. They provide a high level of scrutiny. The developer puts in an amount to start off the HOA and dues aze collected on top of that. City Attorney William Seligmann agreed with Director Shazon Fierro that there appeazs to be a Code provision requiring an HOA, Section 20.16.035(h) that "shall establish a property owner association..." Commissioner Roseberry: • Said that it does not appeaz that there is a compelling argument one way or the other and asked if this is a deal breaker issue with the developer? • Stated that it looks as if the cost is not enough to break this deal. • Stated he is confused and is looking for something that closes the deal for him on this issue of an HOA. Commissioner Gibbons: • Said that the issue is fairly clear. Planning Commission Minutes of November 9, 2004 Page 16 • Pointed out that since there are shared underground utility lines, if problems arise there is potential for conflict and responsibility for repairs should be shared and not held by just one owner. • Said that there have been complaints in the past and that City has had to spend time resolving issues. On-site maintenance issues are a job for an HOA to resolve, not the City. Commissioner Hernandez: • Stated that there is something to be said for having the formality of an HOA. • Agreed that the issues of maintenance for the shared driveway and landscaping must be considered. • Said that while the concept of the more Informal Community Maintenance Group sounds good, it loses the punch of a more formal HOA. • Pointed out that when an HOA is established, it is funded to deal with long term affairs. • Added that while it may be more expensive, it is a cost for creating this type of development. Commissioner Roseberry cautioned that the issue of the HOA is not the only issue to discuss for this project. Chair Doorley: • Said there are concerns when increasing the density of an area of the City. • Added that when the density is increased, it is important to take the necessary steps to ensure that there are mechanisms in place to keep this more dense community polished and livable. • Pointed out that Shelly Avenue, developed with several higher density projects, is still a nice street. There are HOAs for each project there, small and large. Commissioner Francois said that the City Attorney has stated the Ordinance requirements pretty well. City Attorney William Seligmann said that there is not a specific definition of HOA in the Code. Commissioner Francois pointed out that if the Commission forwards a recommendation of approval with the requirement of an HOA, the applicant can appeal that requirement to Council. Commissioner Roseberry reminded of another project that had an HOA but it was not active and was therefore toothless. Director Sharon Fierro said that this project is the Bracebridge project that consists of attached duets. Commissioner Roseberry asked if that project had an HOA. Senior Planner Geoff I. Bradley replied that it had CC&Rs. Commissioner Gibbons: Planning Commission Minutes of November 9, 2004 Page 17 • Pointed out that there are many older neighborhoods with covenants that are no longer enforceable. • Said that it discussing the design, the applicant has done a nice job of trying to find a street presence. However, Unit 6 fronts off the driveway. She suggested that the textured paving go all away across the garage areas. • Suggested that larger trees be placed along the property line at the alley. • Pointed out that the site clean is a requirement. • Suggested inclusion of soundproofing for Units 4 and 8, which are adjacent to commercial uses. • Pointed out that the drainage trenches are not depicted on the driveway plan. Senior Planner Geoff I. Bradley asked if Commissioner Gibbons is speaking of the valley gutters. Commissioner Gibbons replied yes. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Hernandez, the Planning Commission took the following actions: ^ Adopted Resolution No. 3607 recommending adoption of a Mitigated Negative Declaration; ^ Adopted Resolution No. 3608 recommending approval of a Planned Development Permit (PLN2004-45) to allow the construction of eight small-lot single-family homes with the requirement to establish an HOA, provide soundproofmg for Units 4 and 8; requiring the expansion of the decorative paving of the driveway, revise the valley gutters, include larger trees along the alley properties and relocation of the tree along Industrial and allowing fencing to be located at 1 foot, 6 inches from the property line along Industrial instead of the required 5 feet; ^ Adopted Resolution No. 3609 recommending approval of a Tentative Subdivision Map (PLN2004-04~ with the requirement for an HOA; ^ Adopted Resolution No. 3610 recommending approval of a Tree Removal Permit (PLN2004-47) to remove seven protected trees on property owned by Cullen DeMattei Development, Inc., located at 121- 133 Kennedy Avenue, by the following roll call vote: AYES: Doorley, Francois, Gibbons, Hernandez and Roseberry NOES: None ABSENT: Alderete ABSTAIN: Rocha Chair Doorley advised that this item would be considered by the City Council for final action at its meeting of January 4, 2005. *** ._-. Chair Doorley read Agenda Item No. 5 into the record. .. _ ~ TRACT NUMBER PLEASE TYPE OR PRINT HEI ~Y -YOU GET THE LAST COPY County of Santa Clara Current Planning Office 70 W. Hedding St., San Jose, CA 95110 Phone: 299-2454 See Instructions Below 1. Location of Tract 2. Proposed Tract Name /V • ~' f a ~ ' Kc N cc~ °r' /-~ ~ ~ ~r+Gc,tS rt'ii!-c. w 3. Number of Lots & Units 4. Approximate Acreage 5. Date of Planning Commission _ /~ }~ Approval of Tenative Map Owner's~l~vv~ame ~y u~~,~,hN'~ ~a~4T'rc~/ I~v'~'loP~ntT 7. Owner's Address f'19~- "T~~" A~.aM~ pA 8. Engineer's ame G, I UL~i~~l ~ k vc-c-, .~'Nc 9. Engineer's Address and Phone Number .,x~E La= ~f'¢38~5 sT~{/~~s c R~~,~. ~,L.uv, 10. Is the Proposed Tract in 11. Is the Tract Proposed 12. If the answer to 10 or 11 is rated City? an inco o r.~ for Annexation? yes, What City? ~ , ~ 13. Remarks: INSTRUCTIONS FOR COMPLETING TRACT NUMBER REQUEST FORM: 1. Existing frontage and intersecting adjacent streets or reference to existing tract limits. 2. If unknown, so state. Name must be provided prior to recordation if name is to be used. 3. Self explanatory. 5. The tract number will be issued only after the Tentative Map has been approved by the Planning Commission. 6. through 12. Self explanatory. 13. For additional comments by private engineer/surveyor. NOTES: 1. Enclose copy of approved Tentative Map. 2. The form shall be filled out and the gold copy retained by the engineer. 3. All other copies must be`'forwarded to Current Planning Office, 70 W. Hedding St., San Jose 95110 4. Where=deuelopcnep~t..iaucal r Rec}uestJor.each unit. 5. Tract Number is automatically void if not used within one yearfrom the date of issue and request in writing for renewal has not been received. 6. A request for renewal shall be in writing and shall include the date of the re-approval or extension and the length of time for such extension 7. The assigned number is not transferable, except upon written re-application. 8. Enclose $ g3"issuance fee. NUMBER ASSIGNED: REO).(EST COMPLETE BY This space for machine validation Routing (/`White - Green - Canary - Pink - Goldenrod - ®6240 REV 8/88 Land Development Coordinator Owner's Engineer Planning Commission City Engineer Owner's Engineer (Preliminary Copy)