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PD - 2004MEMORANDUM To: Tim Haley A ociate Planner, Comm. Development Dept. Gtr From: J Hemsley e uty City Clerk Date: April 7, 2004 Subject: Zone change - R-2-S to P-D - 1396 W. Latimer Avenue At the regular meeting of April 6, 2004, the City Council adopted Ordinance No. 2042 approving a Zone Change (PLN 2002-138) from R-2-S (Multiple Family Residential) to P-D (Planned Development) on property located at 1396 W. Latimer Avenue owned by Mr. Timothy Oldham. A certified copy of this Ordinance, together with a copy of the letter sent to Mr. Oldham in follow-up to the City Council meeting, is attached. The Ordinance will be published in the Campbell Express dated April 14, 2004. ,_. oF. cqM A~~ r U r tl b ~ ~ yF L~ •~R CH A0., CITY of CAMPBELL City Clerk's Office April 7, 2004 Mr: Timothy Oldham 1396 W. Latimer Avenue Campbell, CA 95008 Dear Mr. Oldham: At the regular meeting of Apri16, 2004, the City Council gave second reading to and formally adopted Ordinance No. 2042 approving a Zone Change (PLN 2002-138) from R-2-S (Multiple Family Residential) to P-D (Planned Development) on property located at 1396 W. Latimer Avenue. A certified copy of this Ordinance is enclosed for your .records. Please be aware that this Ordinance will become effective 30 days from the date of adoption. Should you have any questions in regard to this matter, please do not hesitate to contact this office (866-2117) or Tim Haley, Associate Planner, Community Development Department. Sincerely, Anne Bybee City Clerk Enc. cc. Tim Haley, Associate Planner 7o North First Street Campbell, California 95008.1423 TEL 408.866.2117 Fnx 408.374.6889 TDO 408.866.2790 ORDINANCE NO. 2042 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A ZONE CHANGE (PLN2002-138) FROM R-2-S (MULTIPLE FAMILY RESIDENTIAL) TO P-D (PLANNED DEVELOPMENT) ON PROPERTY OWNED BY MR. TIMOTHY OLDHAM LOCATED AT 1396 W. LATIMER AVENUE. APPLICATION OF MR. TIMOTHY OLDHAM. FILE NO. PLN2002-138. O1NQ IN~r~Nl' iS A f CT COPY II~ TH8 ORt01~ ~ P-LE IN T}118 pFTF~~• BVggg, C-T1f OLIRK' ~' Tl The City Council of the City of Campbell does ordain as follows: SECTION ONE: That the Zoning Map of the City of Campbell is hereby changed and amended by adopting the attached Exhibit A, entitled Map of Said Property, as per the application of Mr. Timothy Oldham for approval of a Zone Change for property located at 1396 W. Latimer Avenue, from R-2-S (Multiple Family Residential) to P-D (Planned Development). SECTION TWO: This ordinance shall become effective thirty (30) days following its passage and adoption shall be published once within fifteen (15) days upon passage and adoption in the Campbell Express, a newspaper of general circulation in the City of Campbell, County of Santa Clara, State of California. PASSED AND ADOPTED this 6th role call vote: AYES: COUNCII.MEMBERS: NOES: COUNCII,MEMBERS: ABSENT: COUNCII.MEMBERS: ABSTAIN: COUNCILMEMBERS: April Q. day of , 200 , by the following Furtado, Watson, Dean, Kennedy, Burr None None None APPRO« L ~ ,--o Donald R. Bun, Mayor ATTEST: Anne Bybee, City Clerk ~ ~ ~~ AUPOAp-M' ~~ ~,~ Q r-._'-" SATE +~'"` ._.~ MEMORANDUM To: Tim Haley A~ociate Planner, Comm. Development Dept. From: Ja Nemsley De uty City Clerk Date: ~ ~l(arch 22, 2004 Subject: Zone Change (PLN 2002-138) from R-2-S (Multiple Family Residential) to P-D (Planned Development); Tentative Subdivision Map (PLN 2002-139); Planned Development Permit (PLN 2002- 140) and Tree Removal Permit (PLN 2002-141) for property located at 1396 W. Latimer Avenue At the regular meeting of March 16, 2004, the City Council held a public hearing to consider Mr. Timothy Oldham's request for a Zone Change (PLN 2002-138) from R-2-S (Multiple Family Residential) to P-D (Planned Development); a Tentative Parcel Map (PLN 2002-139) to allow the creation of four lots and one common lot; a Planned Development Permit (PLN 2002-140) to allow the construction of four townhomes; and a Tree Removal Permit (PLn 2002-141) to allow the removal of one protected tree on property located at 1396 W. Latimer Avenue. After Council deliberation and discussion, the following action was taken: Introduction of Ordinance 2042 approving a Zone Change (PLN 2002-138) from R-2-S (Multiple Family Residential) to P-D (Planned Development). Second reading and adoption of this Ordinance is scheduled for April 6, 2004. 2. Adopted Resolution No. 10304 approving a Tentative Parcel Map (PLN 2002-139) to allow the creation of four lots and one common lot, incorporating findings and subject to Conditions of Approval for property located at 1396 W. Latimer Avenue; and 3. Adopted Resolution No. 10305 approving a Planned Development Permit to allow the construction of four townhomes, incorporating findings and subject to Conditions of Approval for property located at 1396 W. Latimer Avenue; and Continued ..... Page 2 4. Adopted Resolution No. 10306 approving a Tree Removal Permit (PLN 2002-141) to allow the removal of one protected tree, incorporating findings and subject to Conditions on Approval on property located at 1396 W. Latimer Avenue. A certified copy of these Resolutions is attached for your records, together with a copy of the letter written to Mr. Timothy Oldham in follow up to the City Council's action. -~ ,-- ~ o~ • C q MA~~ L7 _ r, [' ~. aP 9 '~ F ~~ OR CH ARC CITY of CAMPBELL City Clerk's Office March 22, 2004 Mr. Timothy Oldham 1396 W . Latimer Avenue Campbell, CA 95008 Dear Mr. Oldham: At the regular meeting of March 16, 2004, the City of Campbell City Council held a public hearing to consider your application for approval of a Zone Change from R-2-S (Multiple Family Residential) to P-D (Planned Development); a Tentative Parcel Map to allow the creation of four lots and one common lot; a Planned Development Permit to allow the construction of four townhomes; and a Tree Removal Permit to allow the removal of one protected tree on property located at 1396 W. Latimer Avenue. After hearing public testimony and following City Council discussion and deliberation, the City Council took the following action: Gave first reading to Ordinance 2042 approving a Zone Change (PLN 2002-138) from R-2-S (Multiple Family Residential) to P-D (Planned Development) for property located at 1396 W. Latimer Avenue. Second reading and final adoption of this Ordinance will be agendized for the next regular scheduled City Council meeting of Apri16, 2004. A certified copy of the Ordinance will be forwarded to you following this meeting. 2. Adopted Resolution No. 10304 approving a Tentative Parcel Map (PLN 2002-139) to create four lots plus one common lot on property located at 1396 W . Latimer Avenue in a P-D (Planned Development) Zoning District, incorporating fmdings and subject to the conditions of approval; and 3. Adopted Resolution No. 10305 approving a Planned Development Permit (PLN 2002- 140) to allow the construction of four new townhomes on property located at 1396 W. Latimer Avenue in a P-D (Planned Development) Zoning District, incorporating findings and subject to the conditions of approval; and Continued .... 70 North First Street Campbell, California 95008.1423 TEL 408.866.2117 Fax 408.374.6889 • 'r~o 408.866.2790 Page 2 4. Adopted Resolution No. 10306 approving a Tree Removal Permit (PLN 2002-131) to allow the removal of one black walnut tree on property located at 1396 W . Latimer Avenue in a P-D (Planned Development) Zoning District, incorporating findings and subject to the conditions of approval. A certified copy of the above mentioned Resolutions is attached for your records. Please do not hesitate to contact this office (866-2117) or Tim Haley, Associate Planner, Community Development Department, should you have any questions in regard to the City Council's action. Sincerely, ~~ ~~ ~/~~ Anne Bybee City Clerk Enc. cc. Tim Haley, Associate Planner, Comm. Develop. Dept. RESOLUTION NO. 20304 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A TENTATIVE PARCEL MAP (PLN2002-139) TO CREATE FOUR LOTS PLUS ONE COMMON LOT ON PROPERTY OWNED BY MR. TIM OLDHAM LOCATED AT 1396 W. LATIMER AVENUE IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. TIM OLDHAM. FILE NO. PLN2002-139. 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 PLN2002-139: 1. The proposed creation of four 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 Parcel Map is consistent with the Planned Development Zoning Ordinance. 3. The provisions of the Covenants Conditions and Restrictions are necessary to ensure the long-term maintenance of the common access driveway, shared parking area and landscaping. 4. The Tentative Parcel Map has been distributed to local agencies, including Pacific Gas and Electric, West Valley Sanitation District, Santa Clara 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. The project qualifies as Categorically Exempt under Section 15315, Class 15 of 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. 3. The design of the Tentative Parcel Map provides, to the extent feasible, for future passive or natural heating and cooling opportunities. City Council Resolution PLN2002-139 - 1396 W. Latimer Avenue -- Tentative Parcel Map Page 2 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 Parcel Map (PLN2003-139) to create four lots plus one common lot on property owned by Mr. Tim Oldham located at 1396 W. Latimer Avenue, subject to the following conditions: 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 1. Approved Project: Approval is granted for a Tentative Parcel Map to create four residential lots and one common lot at 1396 W. Latimer Avenue. The Parcel Map shall substantially conform to the Tentative Parcel Map prepared by Frank Oldham and dated 2/18/03, except as may be modified by the conditions of approval herein. 2. Approval Expiration: 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. 3. Parcel Map: The Planned Development Permit approval is contingent upon recordation of the Parcel Map to divide the subject property. The Parcel Map shall be recorded prior to the issuance of building permits. 4. Covenants, Codes and Restrictions (CC&Rs): Prior to recordation of the Parcel 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: City Council Resolution PLN2002-139 -1396 W. Latimer Avenue -- Tentative Pazcel Map Page 3 a. The formation of a homeowner's association to ensure the long-term maintenance of the buildings and property. b. Continued architectural controls to ensure the architectural integrity of the project. c. Definition of common azeas to be maintained and provision of maintenance for these areas, including the common access driveway. 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 necessazy. e. Provision for the availability of an interior gazage space for the parking of vehicles at all times and no parking in the driveway. f. Provision to prohibit the use of pazking spaces for storage purposes, including boats, trailers, and recreational vehicles. g. The on-site sewer shall be privately maintained. 5. Pazk 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 Pazcel 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 boazded 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. Parcel Map: Prior to issuance of any building permits for the project, the applicant shall submit a Pazcel Map for recordation upon approval by the City. The current plan check fee is $2,400.00 plus $35 per pazcel. 8. Preliminary Title Report: Upon submittal of the Tentative Pazcel Map, the applicant shall provide a current Preliminary Title Report. 9. Public Service Easement: Upon recordation of the parcel map, the applicant shall grant a ten foot public service easement on private property contiguous with the public right-of-way along the W. Latimer Avenue frontage. 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. Easements: Prior to recordation of the Pazcel Map, the applicant shall cause easements to be recorded for utilities, storm drains, reciprocal ingress and egress, emergency vehicles etc., as necessary. 11. Monumentation for Parcel Map: Prior to recordation of the Pazcel Map, the applicant shall provide security for setting all monuments shown on the map. .- City Council Resolution PLN2002-139 -1396 W. Latimer Avenue -- Tentative Parcel Map Page 4 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 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 fee for anon-utility encroachment permit is currently $260.00. The plans shall include the following: a. Install curb, gutter and sidewalk b. Install full pavement section to conform to existing pavement, as required by the City Engineer. c. Install street tree, irrigation and ground cover. d. Install storm drainage facilities as needed. e. Install streetlight in accordance with the City's street light policy. f. Construction of conforms to existing public and private improvements, as necessary. 13. Occupancy: Prior to 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, the applicant shall provide a soils report prepared by a registered geotechnical or civil engineer. 16. Utilities: All new on-site utilities shall be installed underground per Section 20.36.150 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, which have been resurfaced within the previous five years, will require boring and jacking for all new utility installations. The applicant shall also prepare pavement restoration plans for approval by the City Engineer prior to any utility installation or abandonment. 18. 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 year 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 issuance of any grading or building permits for the site, the applicant shall pay the required Storm Drain Area fee. City Council Resolution PLN2002-139 -1396 W. Latimer Avenue -- Tentative Parcel Map Pa e 5 20. Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permitting requirements and the California Storm Water Best Management Practices handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley Water District and the City of Campbell Municipal Code regarding Storm Water Pollution Prevention. 21. Covenants Conditions and Restrictions (CC&R's): Provide copies of CC&R's for review by the City prior to recordation of the Parcel Map and CC&Rs. 22. Demolition: Prior to the recordation of the Parcel Map, the applicant shall obtain a demolition and remove any nonconforming structures. PASSED AND ADOPTED this 16th day of March , 2004, by the following roll call vote: AYES: COUNCII.MEMBERS: NOES: COUNCII.MEMBERS: ABSENT: COUNCII.MEMBERS: ABSTAIN: COUNCILMEMBERS: ATTEST: Anne Bybee, City Clerk Furtadu, Wai:SOn~ Dean, Kennedy, Burr None None None Donald R. Burr, Mayor i#Ef FOfiffOOtNQ 1NSTFiJtvENT r8 A Tltt~ AID OORRECf COPY OF THE O~tGtW1L Mu IN TH18 OFRCE. A :ANNE BY6EE, CITr a~ CrTY _3~.uTow ~ RESOLUTION NO. 20305 BEING A RESOLUTION OF THE CITY COUNCII. OF THE CITY OF CAMPBELL APPROVING A PLANNED DEVELOPMENT PERMIT (PLN2002-140) TO ALLOW THE CONSTRUCTION OF FOUR NEW TOWNHOMES ON PROPERTY OWNED BY MR. TIM OLDHAM LOCATED AT 1396 W. LATIMER AVENUE IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. TIM OLDHAM. FILE NO. PLN2002-140. 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 PLN2002-140. 1. The density of the proposed project site is 12.9 units per gross acre, which is less than and consistent with the General Plan land use designation of Low-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 four townhomes each on individual lots. All of the residences take vehicular access from West Latimer Avenue via a 20-foot wide, common access driveway running along the eastern property line. 4. Private open space is provided for each unit by a private rear yard area. The rear yard areas have a minimum depth of 5 feet and a width ranging from 36 feet to 42 feet. Two of the units have a 359 or 354 square foot private rear yard area and the other two have a 450 square foot private rear yard. 5. The project provides 14 off-street parking spaces, where 14 spaces are required. 6. The completed project would consist of four new townhomes with a building coverage of 29.3%, landscaping coverage of 32.6% and paving coverage of 38.1%. 7. The proposed project will have a floor area ratio of 0.67. 8. The subject property is surrounded by single-family residential uses to the north, duplexes to the west and multiple-family residential uses to the south and west. 9. The proposed massing and design of the buildings are consistent with other developments in the surrounding area. 10. The project qualifies as Categorically Exempt under Section 15303, Class 3 of the California Environmental Quality Act (CEQA). City Council Resolution PLN2002-140 -1396 W. Latimer Avenue- Planned Development Permit Page 2 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 proposed development will not result in allowing more residential units than would be allowed by other residential zoning districts, which are consistent with the General Plan designation of the property. 4. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 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 Planned Development Permit (PLN2002-140) to allow the construction of four new townhomes on property owned by Mr. Tim Oldham, located at 1396 W. Latimer Avenue, subject to the following conditions: 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 1. Annroved Project: Approval is granted for a Planned Development Permit to allow the construction of four townhomes located at 1396 W. Latimer Avenue. The building design City Council Resolution PLN2002-140 - 1396 W. Latimer Avenue- Planned Development Permit Page 3 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 Frank Oldham, Architect and stamped as received by the Planning Division on February 11, 2004, and including a site plan, floor plans, elevations, and conceptual landscape and irrigation plan. Revised site plan dated January 2, 2004. b. Color and material board submitted by Frank Oldham ,Architect and stamped as received by the Planning Division on February 11, 2004. c. Tentative Parcel Map and conceptual Grading and Drainage Plan prepared by Frank Oldham, Architect and dated as received by the Planning Division on February 18, 2003. d. Revise the placement of parking space No. 8 to accommodate a better turning radius subject to the approval of the Community Development Director. e. Review the floor plans for the garages to ensure that the ceiling heights below the stairways are sufficiently high to allow the parking of full size cars subject to the approval of the Community Development Director. 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- year period or the Planned Development Permit shall be void. 3. Parcel Map: The Planned Development Permit approval is contingent upon recordation of the Parcel Map to divide the subject property. The Parcel Map shall be recorded prior to the issuance of building permits. 4. 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. Provide a street tree along the frontage. b. Provide a combination of screening shrubs and vines along the driveway and adjacent to uncovered parking spaces. c. All shrubs shall be a minimum five-gallon size plant material and all trees shall be a minimum 24-inch boxed container. The replacement trees for the removed Black Walnut tree shall be two 36-inch boxed trees. 5. Revised Site Plan and Elevations: The applicant shall submit four copies of a revised elevations and site plans to the Community Development Director prior to the submittal for building permits for review and approval for the Community Development Director. Revised plans shall addressing the following: a. Revised elevations to depict gabled dormers. b. Revised color scheme for the project provide traditional and subdued building colors. City Council Resolution PLN2002-140 - 1396 W. Latimer Avenue- Planned Development Permit Page 4 c. Elevations to indicate revisions to the window design at the rear of units 3 & 4 and architectural compatible railings at the decks. 6. 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. 7. Fences: Any newly proposed fencing shall comply with Section 21.59.090 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. Any existing fencing to remain shall be determined to be in good condition by the Community Development Director. 8. Property Maintenance: The property is to be maintained free of any combustible trash, debris, and weeds until the time that actual construction commences. Any vacant 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). 9. 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. l0.On-Site Li hting_ 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 decorative design to be compatible with the residential development and shall incorporate energy saving features. 11. 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. c. All internal combustion engines for construction equipment used on the site will be properly muffled and maintained. City Council Resolution PLN2002-140 - 1396 W. Latimer Avenue- Planned Development Permit Page 5 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 areas 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 areas at the construction site. 12. Parking and Driveways: All parking and driveway areas shall be developed in compliance with Chapter 21.50 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. 13. Covenants, Codes and Restrictions (CC&Rs): Prior to recordation of the Parcel 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. The formation of a homeowner's association to ensure the long-term maintenance of the 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, including the common access driveway. 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 for the availability of an interior garage space for the parking of vehicles at all times and no parking in the driveway. f. Provision to prohibit the use of parking spaces for storage purposes, including boats, trailers, and recreational vehicles. g. The on-site sewer shall be privately maintained. 14. Contractor Contact Information Posting: 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. Building Division 15. Permits Required: A building permit application shall be required for each proposed new residential structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. City Council Resolution PLN2002-140 - 1396 W. Latimer Avenue- Planned Development Permit Page 6 16. Plan Preparation: This project requires plans prepared 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. 17. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 18. Size of Plans: The size of construction plans submitted for building permits shall be 24 inches by 36 inches. 19. 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 prepared by a licensed engineer specializing in soils mechanics. 20. 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. 21. 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 as specified 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 22. Title 24 Energy Compliance: California Title 24 Energy Compliance forms CF-1R and MF- 1R shall be blue-lined on the construction plans. 81/z X 11 calculations shall be submitted as well. 23. Special Inspections: When a special inspection is required by U.B.C. Section 1701, the architect 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. 24. 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. City Council Resolution PLN2002-140 - 1396 W. Latimer Avenue- Planned Development Permit Page 7 25. 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 clearances. 26. 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. 27. 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 Clara County Fire Department (378-4010) c. Bay Area Air Quality Management District (Demolitions Only) d. School District: 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. COUNTY FIRE DEPARTMENT 28. 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. 29. Required Fire Flow: The required fire flow for this project is 1,000 gpm at 20 psi residual pressure. The required fire flow is available from area water mains and fire hydrant(s), which are located at the required spacing. 30. 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. PUBLIC WORKS DEPARTMENT 31. Parcel Map: Prior to issuance of any building permits for the project, the applicant shall submit a parcel map for recordation upon approval by the City. The current plan check fee is $2,400.00 plus $35 per parcel. City Council Resolution PLN2002-140 -1396 W. Latimer Avenue- Planned Development Permit Page 8 32. Preliminary Title Report: Upon submittal of the tentative pazcel map, the applicant shall provide a current Preliminary Title Report. 33. Public Service Easement: Upon recordation of the pazcel map, the applicant shall grant a ten foot public service easement on private property contiguous with the public right-of-way along the W. Latimer Avenue frontage. 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. 34. Monumentation for Pazcel Mau: Prior to recordation of the pazcel map, the applicant shall provide security for setting all monuments shown on the map. 35. Street Improvements: Upon recordation of the pazcel map/final 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 fee for anon- utility encroachment permit application is currently $260.00. The plans shall include the following: a. Install curb, gutter and sidewalk. b. Install full pavement section to conform to existing pavement, as required by the City Engineer. c. Install street tree, irrigation and groundcover. d. Install streetlight in accordance with the City's street light policy. e. Install storm drain facilities as needed. f. Construction of conforms to existing public and private improvements, as necessary. 36. 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. 37. Water Meter(s) and Sewer Cleanout(s): Proposed water meter(s) and sewer cleanout(s) shall be installed on private property behind the public right-of-way line. 38. 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. 39. Utilities: All new on-site utilities shall be installed underground per Section 20.36.150 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. City Council Resolution PLN2002-140 - 1396 W. Latimer Avenue- Planned Development Permit Page 9 40. 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, which 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. 41. 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-year 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. 42. Storm Drain Area Fee: Prior to recordation of the parcel map, the applicant shall pay the required Storm Drain Area fee of $2,250.00 per net acre. 43. 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 Clara Valley Water District requirements, and the Campbell Municipal Code regarding 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. 44. Covenants. Conditions, and Restrictions: Provide copies of CC&Rs for review by the City prior to recordation of the Parcel Map and CC&Rs. 45. Demolition: Prior to recording of the Parcel Map the applicant shall obtain a demolition permit and remove any nonconforming structures. PASSED AND ADOPTED this 16th day of March , 2004, by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCII.MEMBERS: BSTAIN: Furtado, Watson, Dean, Kennedy, Burr None None COUNCILMEMBERS: None City Council Resolution PLN2002-140 -1396 W. Latimer Avenue- Planned Development Permit Page 10 ~- `~ APPRO - Donald R. Burr, Mayor ATTEST: Anne Bybee, City Clerk ,, 11`'" t1T t8 A ~ ~aFGRS~GCGaY!~U;.,~ THB K~ A1~F,~ IN THlB G~~iGE ~~~ Ot!"~ 011 „„ucE. CITY RESOLUTION NO. 20306 BEING A RESOLUTION OF THE. CITY COUNCII. OF THE CITY OF CAMPBELL APPROVING A TREE REMOVAL PERMIT (PLN2002- 141) TO ALLOW THE REMOVAL OF ONE BLACK WALNUT TREE ON PROPERTY OWNED BY MR. TIM OLDHAM LOCATED AT 1396 W. LATIMER AVENUE IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. TIMOTHY OLDHAM. FILE NO. PLN2002-141. 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 PLN2002-141: 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 allow the removal of one protected tree (one 36-inch diameter Black Walnut tree) because it would prohibit the construction of the new buildings due to its central location. 3. The two proposed 36-inch box replacement trees exceed 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. 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. 2. 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. 3. There is a reasonable relationship and a rough proportionality between the conditions of approval .and the impacts of the project. City Council Resolution PLN2002-141-1396 W. Latimer Avenue- Tree Removal Permit Page 2 NOW, THEREFORE, BE IT RESOLVED that the City Council grants of a Tree Removal Permit (PLN2002-141) to allow the removal of one Black Walnut tree on property owned by Mr. Tim Oldham located at 1396 W. Latimer Avenue, subject to the following conditions: 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: 1. Approved Permit: Approval is granted for a Tree Removal Permit to allow the removal of one protected tree at 1396 W. Latimer Avenue. This permit shall be valid only in conjunction with the approved Planned Development Permit (PLN2004-140). 2. Replacement Trees: Two 36-inch box size trees shall be required as replacement for the one 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. PASSED AND ADOPTED this 16th day of March , 2004, by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCII.MEMBERS: ABSTAIN: COUNCII.MEMBERS: Furtado, Watson, Dean, Kennedy, Burr None None None ~~ _ APPROVED. Donald R. Burr, Mayor ATTEST: Anne Bybee, City Clerk ~ ppR~fOfntQ It<^7RV?'i~vT t3 A f1)r~ wp QORRECi CC"' r iME O~(i~M~ ~IyE gyg~~, CITY CLERK, CITY ELL, CAUFOfMIIA. / v /' 'I BY _., ~ (J~L~- FIAT f] 3~2~~"~ City Council ITEM N°: CATEGORY: Public Hearing Report MEETING DATE: March 16, 2004 TITLE Public Hearing to consider the application of Mr. Timothy Oldham to allow a Zone Change (PLN2002-138) from R-2-S (Multiple Family Residential) to P-D (Planned Development); a Tentative Parcel Map (PLN2002-139) to allow the creation of four lots and one common lot; a Planned Development Permit (PLN2002-140) to allow the construction of four townhomes and a Tree Removal Permit (PLN2002-141) to allow the removal of one protected tree on property owned by Mr. Timothy Oldham located at 1396 W. Latimer Avenue in an R-2-S (Multiple Family Residential) Zoning District. CITY COUNCIL ACTION The Planning Commission recommends that the City Council take the following actions: 1. Take first reading of the attached Ordinance approving a Zone Change (PLN2002-138) from R-2-S (Multiple Family Residential) to P-D (Planned Development); and 2. Adopt a Resolution approving a Tentative Parcel Map (PLN2002-139) to allow the creation of four lots and one common lot, incorporating the attached findings and subject to the attached conditions of approval; and 3. Adopt a Resolution approving a Planned Development Permit (PLN2002-140) to allow the construction of four townhomes, incorporating the attached findings and subject to the attached conditions of approval; and 4. Adopt a Resolution approving a Tree Removal Permit (PLN2002-141) to allow the removal of one protected tree, incorporating the attached findings and subject to the attached conditions of approval. ENVIRONMENTAL DETERMINATION The Planning. Commission recommended that the City Council find that this project is Categorically Exempt under Section 15303, Class 3 of the California Environmental Quality Act (CEQA) pertaining to the construction of four dwelling units and Section 15315, Class 15, of the California Environmental Quality Act (CEQA) pertaining to the division of property in urbanized areas into four or fewer parcels when the division is in conformance with the City's General Plan and Zoning Code. BACKGROUND The applicant is requesting approval of a Zone Change (PLN2002-138) from R-2-S (Multiple Family Residential) to P-D (Planned Development); a Tentative .Parcel Map (PLN2002-139) to allow the creation of four lots and one common lot; a Planned Development Permit (PLN2002- 140) to allow the construction of four townhomes and a Tree Removal Permit (PLN2002-141) to allow the removal of one protected tree on property located at 1396 W. Latimer Avenue. City Council Report Page 2 PLN2002-138, 139, 140 & 141- 1396 W. Latimer Ave. Zone Change, Tentative Parcel Map, Planned Development Permit and Tree Removal Permit The project site is currently developed with asingle-family home, which would be demolished for this project. The subject property is located on the south side of West Latimer Avenue, between Superior Drive and San Tomas Aquino Road, and is surrounded by single-family residential uses to the north, multiple family residential uses to the south and west and duplexes to the east. The Planning Commission, at its meeting of February 10, 2004, forwarded a recommendation to the City Council by a 7-0 vote to approve the four applications. The Commission added three conditions to address the following issues: 1) Additional review of the proposed stairways so they do not compromise the clear height of the garages; 2) Adjusting the landscaping area in front of unit 3 so that a visitor parking space with adequate turnaround could be provided; and 3) Requiring the installation of two thirty-six inched boxed trees to replace the Black Walnut tree. The Conditions of approval for the Planned Development Permit and the Tree Removal Permit address these issues. ANALYSIS General Plan Desi ation: The General Plan land use designation for the project site is Medium Density Residential (14-20 units per gross acre). The proposed project would be developed at a density of 12.9 units per gross acre, which is less than the density range allowed for the site. The proposed project complies with the following General Plan Land Use Element Strategies: Strategy LUT-5.2a: Neighborhood Compatibility Promote new residential development and substantial additions that are designed to maintain and support the existing character and development pattern of the surrounding neighborhood, especially in historic neighborhoods and neighborhoods with consistent design characteristics. Strategy LUT-7.2n: Consistency With Plans: Ensure that new development and substantial remodeling projects are consistent with Specific Plans, Area Plans, City Standard Details, and adopted Streetscape Standards to create a cohesive design. Strategy LUT-9.3e: Building Materials: Encourage the use of long-lasting, high quality building materials on all buildings to ensure the long-term quality of the built environment. Strategy LUT-17.1b: Landscaping: Ensure that new developments provide new tree plantings, shrubs, greenery and other. landscaping materials, and preserve existing trees and shrubs. City Council Report Page 3 PLN2002-138, 139, 140 & 141-1396 W. Latimer Ave. Zone Change, Tentative Parcel Map, Planned Development Permit and Tree Removal Permit Zone Chance: The current zoning designation for the project site is R-2-S (Multiple Family Residential). In the R-2-S zoning district, amulti-family dwelling of five units could be constructed on the project site if all other development standards (i.e. setbacks, parking, etc.) could be met. The applicant is requesting approval of a Zone Change from R-2-S to P-D to allow for the development of four townhomes, each unit to be constructed on an individual lot. The Zone Change does not affect the maximum density range allowance for the property, but does allow for the separate ownership of the units as opposed to the development of amulti-family dwelling on a single lot (i.e. apartments). Tentative Parcel Man: The applicant is requesting approval of a Tentative Parcel Map to subdivide the property into four 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 for the construction of four townhomes, each on individual lots. All of the residences would take vehicular access from West Latimer Avenue via a 20-foot wide common driveway running along the eastern property line. The site plan provides the required 14 parking spaces, six covered and eight uncovered. The proposed units have one or two-car garages and there are eight exterior spaces. Tree Removal Permit: The applicant is proposing to remove one Black Walnut tree that is protected under the City's Tree Protection Regulations. One 36-inch diameter walnut tree is proposed to be removed to accommodate the new buildings. An arborist report was prepared for this project by a Certified Arborist. The landscape plan indicates the two required 36-inch box trees would be installed for replacement of the existing tree. 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 None. Attachments: 1. Draft City Council Ordinance (Zone Change) City Council Report Page 4 PLN2002-138, 139, 140 & 141- 1396 W. Latimer Ave. Zone Change, Tentative Parcel Map, Planned Development Permit and Tree Removal Permit 2. Draft City Council Resolution (Tentative Parcel Map) 3. Draft City Council Resolution (Planned Development Permit) 4. Draft City Council Resolution (Tree Removal Permit) 5. Planning Commission Meeting Minutes and Resolutions 6. Planning Commission Staff Report <: Prepared by: «-~ Tim J. Haley, Associate Planner Reviewed by: GG~~Y~ Sharon Fierro, Community Development Director Approved by: Bernard M. Strojny, City Manager ,r-•- OF • cq,yn •-w. ' ~~• ~~' CAMPBELL V r ~ ~. s •~RCH AR~• CITY of CAMPBELL ~~ Community Development Department February 11, 2004 Mr. Tim Oldham 1396 W. Latimer Avenue Campbell, CA 95008 Re: PLN2002-138/139/140/141 - 1396 W. Latimer Avenue -Zone Change/ Planned Development Permit/Tentative Parcel Map & Tree Removal Permit Dear Applicant: Please be advised that at its meeting of February 10, 2004, the Planning Commission took the following actions: 1. Adopted Resolution No. 3537 recommending approval of a Zoning Classification Change (PLN2001-138) from R-2-S (Multiple Family Residential) to P-D (Planned Development); 2. Adopted Resolution No. 3538 recommending approval of a Tentative Parcel Map (PLN2001- 139) to allow four residential townhome lots and one common drive; 3. Adopted Resolution No. 3539 recommending approval of a Planned Development Permit (PLN2001-140) to allow the construction of four townhome units; and 4. Adopted Resolution No. 3540 recommending approval of a Tree Removal Permit (PLN2002- 141) to allow the removal of one walnut tree on the above referenced property. This project will be reviewed by Council for final approval at its meeting of March 16, 2004. If you have any questions, please do not hesitate to contact me at (408) 866-2140. SinCe1'e~, _/ ~ ~~ Tim J. Haley Associate Planner Cc: Frank Mills, Building Division Ed Arango, Public Works Chris Veargason, County Fire 70 North First Street Campbell, California 9 5008-1 4 36 ~ rei. 408.866.2140 ~ Fax 408.871.5140 ~ Tt» 408.866.2790 RESOLUTION N0.3537 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A ZONE CHANGE (PLN2002-138) FROM R-2-S (MULTIPLE FAMILY RESIDENTIAL) TO P-D (PLANNED DEVELOPMENT) ON PROPERTY OWNED BY MR. TIM OLDHAM LOCATED AT 1396 W. LATIMER AVENUE. APPLICATION OF MR. TIM OLDHAM. FILE NO. PLN2002-138. 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 Planning Commission did find as follows with respect to application PLN2002-138: 1. The proposed P-D zoning designation is consistent with the current Medium Density Residential (14-20 units per gross acre) General Plan land use designation for the property. 2. The proposed density of 12.9 units per gross acre is less than the maximum allowed density range of 14-20 units per gross acre permitted in the Medium Density Residential General Plan land use designation. 3. Under the R-2-S zoning designation, a 5 unit multi-family dwelling could be constructed on the project site, if all other development standards could be met (i.e. setbacks, parking, etc.). 4. The zoning designation change from R-2-S to P-D does not affect the maximum density range allowed for the property. 5. The zoning designation change from R-2-S to P-D allows for the separate ownership of units as opposed to the development of amulti-family dwelling on a single lot (i.e. apartments). Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed development and uses will clearly result in a more desirable environment and use of the land than would be possible under any other zoning classification. 2. 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. 3. The proposed development will not result in allowing more residential units than would be allowed by other residential zoning districts which are consistent with the recommended General Plan land use designation of the property. 4. The proposed zoning classification change will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. Planning Commission Resolution No. 3537 PLN2002-138 - 1396 W. Latimer Avenue- Zone Change Page 2 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. PASSED AND ADOPTED this l0a' day of February, 2004, by the following roll call vote: AYES: Commissioners: Alderete, Doorley, Francois, Gibbons, Hernandez, Rocha and Roseberry NOES: Commissioners: None ABSENT: Commissioners:. None ABSTAIN: Commissioners: None APPROVED: ~~ ~~ ~~'` ~ C Geerge Doorley, Chair ~~ «Lt.4~ ATTEST: ~~ Sharon Fierro, Secretary RESOLUTION N0.3538 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A TENTATIVE PARCEL MAP (PLN2002-139) TO CREATE FOUR LOTS PLUS ONE COMMON DRIVE ON PROPERTY OWNED BY MR. TIM OLDHAM LOCATED AT 1396 W. LATIMER AVENUE IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. TIM OLDHAM. FILE NO. PLN2002-139. 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 Planning Commission did find as follows with respect to application PLN2002-139: 1. The proposed creation of four 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 Parcel Map is consistent with the Planned Development Zoning Ordinance. 3. The provisions of the Covenants Conditions and Restrictions are necessary to ensure the long-term maintenance of the common access driveway, shared parking area and landscaping. 4. The Tentative Parcel Map has been distributed to local agencies, including Pacific Gas and Electric, West Valley Sanitation District, Santa Clara 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. The project qualifies as Categorically Exempt under Section 15315, Class 15 of the California Environmental Quality Act (CEQA). Based upon the foregoing findings of fact, the Planning Commission 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. 3. The design of the Tentative Parcel Map provides, to the extent feasible, for future passive or natural heating and cooling opportunities. Planning Commission Resolution No. 3538 PLN2002-139 - 1396 W. Latimer Avenue -- Tentative Parcel Map Page 2 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 azea. 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 Planning Commission recommends approval of a Tentative Parcel Map (PLN2003-139) to create four lots plus one common drive on property owned by Mr. Tim Oldham located at 1396 W. Latimer Avenue, subject to the following conditions: 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. COMMiJNITY DEVELOPMENT DEPARTMENT Planning Division 1. Approved Project: Approval is granted for a Tentative Parcel Map to create four residential lots and one common lot at 1396 W. Latimer Avenue. The Parcel Map shall substantially conform to the Tentative Parcel Map prepared by Frank Oldham and dated 2/18/03, except as may be modified by the conditions of approval herein. 2. Approval Expiration: 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. 3. Pazcel Map: The Planned Development Permit approval is contingent upon recordation of the Pazcel Map to divide the subject property. The Parcel Map shall be recorded prior to the issuance of building permits. 4. Covenants, Codes and Restrictions (CC&Rs): Prior to recordation of the Parcel 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: Planning Commission Resolution No. 3538 PLN2002-139 - 1396 W. Latimer Avenue -- Tentative Parcel Map Paae 3 a. The formation of a homeowner's association to ensure the long-term maintenance of the 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, including the common access driveway. 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 for the availability of an interior garage space for the parking of vehicles at all times and no parking in the driveway. f. Provision to prohibit the use of parking spaces for storage purposes, including boats, trailers, and recreational vehicles. g. The on-site sewer shall be privately maintained. 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. Parcel Man: Prior to issuance of any building permits for the project, the applicant shall submit a Parcel Map for recordation upon approval by the City. The current plan check fee is $2,400.00 plus $35 per parcel. 8. Preliminary Title Report: Upon submittal of the Tentative Parcel Map, the applicant shall provide a current Preliminary Title Report. 9. Public Service Easement: Upon recordation of the parcel map, the applicant shall grant a ten foot public service easement on private property contiguous with the public right-of-way along the W. Latimer Avenue frontage. 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. Easements: Prior to recordation of the Parcel Map, the applicant shall cause easements to be recorded for utilities, storm drains, reciprocal ingress and egress, emergency vehicles etc., as necessary. 11. Monumentation for Parcel Man: Prior to recordation of the Parcel Map, the applicant shall provide security for setting all monuments shown on the map. Planning Commission Resolution No. 3538 PLN2002-139 - 1396 W. Latimer Avenue -- Tentative Parcel Map Page 4 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 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 fee for anon-utility encroachment permit is currently $260.00. The plans shall include the following: a. Install curb, gutter and sidewalk b. Install full pavement section to conform to existing pavement, as required by the City Engineer. c. Install street tree, irrigation and ground cover. d. Install storm drainage facilities as needed. e. Install streetlight in accordance with the City's street light policy. f. Construction of conforms to existing public and private improvements, as necessary. 13.Occupanc~ Prior to 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, the applicant shall provide a soils report prepared by a registered geotechnical or civil engineer. 16. Utilities: All new on-site utilities shall be installed underground per Section 20.36.150 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, which have been resurfaced within the previous five years, will require boring and jacking for all new utility installations. The applicant shall also prepare 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 year 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 issuance of any grading or building permits for the site, the applicant shall pay the required Storm Drain Area fee. Planning Commission Resolution No. 3538 PLN2002-139 - 1396 W. Latimer Avenue -- Tentative Parcel Map Page 5 20. Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permitting requirements and the California Storm Water Best Management Practices handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley Water District and the City of Campbell Municipal Code regarding Storm Water Pollution Prevention. 21. Covenants, Conditions, and Restrictions (CC&R's): Provide copies of CC&R's for review by the City prior to recordation of the Parcel Map and CC&Rs. 22. Demolition: Prior to the recordation of the Parcel Map, the applicant shall obtain a demolition and remove any nonconforming structures. PASSED AND ADOPTED this 10`h day of February, 2004, by the following roll call vote: AYES: Commissioners: Alderete, Doorley, Francois, Gibbons, Hernandez, Rocha and Roseberry NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None APPROVED: ATTEST: Sharon Fierro, Secretary George Doorley, Chair RESOLUTION N0.3539 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A PLANNED DEVELOPMENT PERMIT (PLN2002-140) TO .ALLOW THE CONSTRUCTION OF FOUR NEW TOWNHOMES ON PROPERTY OWNED BY MR. TIM OLDHAM LOCATED AT 1396 W. LATIMER AVENUE IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. TIM OLDHAM. FILE NO. PLN2002-140. 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 Planning Commission did find as follows with respect to application PLN2002-140. 1. The density of the proposed project site is 12.9 units per gross acre, which is less than and consistent with the General Plan land use designation of Low-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 four townhomes each on individual lots. All of the residences take vehicular access from West Latimer Avenue via a 20-foot wide, common access driveway running along the eastern property line. 4. Private open space is provided for each unit by a private rear yard area. The rear yard areas have a minimum depth of 5 feet and a width ranging from 36 feet to 42 feet. Two of the units have a 359 or 354 square foot private rear yard area and the other two have a 450 square foot private rear yard. 5. The project provides 14 off-street parking spaces, where 14 spaces are required. 6. The completed project would consist of four new townhomes with a building coverage of 29.3%, landscaping coverage of 32.6% and paving coverage of 38.1%. 7. The proposed project will have a floor area ratio of 0.67. 8. The subject property is surrounded by single-family residential uses to the north, duplexes to the west and multiple-family residential uses to the south and west. 9. The proposed massing and design of the buildings are consistent with other developments in the surrounding area. 10. The project qualifies as Categorically Exempt under Section 15303, Class 3 of the California Environmental Quality Act (CEQA). Planning Commission Resolution No. 3539 PLN2002-140 -1396 W. Latimer Avenue- Planned Development Permit Page 2 Based upon the foregoing findings of fact, the Planning Commission 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 proposed development will not result in allowing more residential units than would be allowed by other residential zoning districts, which are consistent with the General Plan designation of the property. 4. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 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 Planning Commission recommends approval of a Planned Development Permit (PLN2002-140) to allow the construction of four new townhomes on property owned by Mr. Tim Oldham, located at 1396 W. Latimer Avenue, subject to the following conditions: 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 1. Approved Project: Approval is granted for a Planned Development Permit to allow the construction of four townhomes located at 1396 W. Latimer Avenue. The building design Planning Commission Resolution No. 3539 PLN2002-140 - 1396 W. Latimer Avenue- Planned Development Permit Page 3 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 Frank Oldham, Architect and stamped as received by the Planning Division on February 11, 2004, and including a site plan, floor plans, elevations, and conceptual landscape and irrigation plan. Revised site plan dated January 2, 2004. b. Color and material board submitted by Frank Oldham ,Architect and stamped as received by the Planning Division on February 11, 2004. c. Tentative Parcel Map and conceptual Grading and Drainage Plan prepared by Frank Oldham, Architect and dated as received by the Planning Division on February 18, 2003. d. Revise the placement of parking space No. 8 to accommodate a better turning radius subject to the approval of the Community Development Director. e. Review the floor plans for the garages to ensure that the ceiling heights below the stairways are sufficiently high to allow the parking of full size cars subject to the approval of the Community Development Director. 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- year period or the Planned Development Permit shall be void. 3. Parcel Man: The Planned Development Permit approval is contingent upon recordation of the Parcel Map to divide the subject property. The Parcel Map shall be recorded prior to the issuance of building permits. 4. 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. Provide a street tree along the frontage. b. Provide a combination of screening shrubs and vines along the driveway and adjacent to uncovered parking spaces. c. All shrubs shall be a minimum five-gallon size plant material and all trees shall be a minimum 24-inch boxed container. The replacement trees for the removed Black Walnut tree shall be two 36-inch boxed trees. 5. Revised Site Plan and Elevations: The applicant shall submit four copies of a revised elevations and site plans to the Community Development Director prior to the submittal for building permits for review and approval for the Community Development Director. Revised plans shall addressing the following: a. Revised elevations to depict gabled dormers. b. Revised color scheme for the project provide traditional and subdued building colors. Planning Commission Resolution No. 3539 PLN2002-140 - 1396 W. Latimer Avenue- Planned Development Permit Page 4 c. Elevations to indicate revisions to the window design at the rear of units 3 & 4 and architectural compatible railings at the decks. 6. 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. 7. Fences: Any newly proposed fencing shall comply with Section 21.59.090 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. Any existing fencing to remain shall be determined to be in good condition by the Community Development Director. 8. Property Maintenance: The property is to be maintained free of any combustible trash, debris, and weeds until the time that actual construction commences. Any vacant 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). 9. 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. lO.On-Site Li htin~ 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 decorative design to be compatible with the residential development and shall incorporate energy saving features. 11. 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. c. All internal combustion engines for construction equipment used on the site will be properly muffled and maintained. Planning Commission Resolution No. 3539 PLN2002-140 - 1396 W. Latimer Avenue- Planned Development Permit Page 5 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 areas 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 areas at the construction site. 12. Parking and Driveways: All parking and driveway areas shall be developed in compliance with Chapter 21.50 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. 13. Covenants, Codes and Restrictions (CC&Rs): Prior to recordation of the Parcel 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. The formation of a homeowner's association to ensure the long-term maintenance of the 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, including the common access driveway. 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 for the availability of an interior garage space for the parking of vehicles at all times and no parking in the driveway. f. Provision to prohibit the use of parking spaces for storage purposes, including boats, trailers, and recreational vehicles. g. The on-site sewer shall be privately maintained. 14. Contractor Contact Information Posting: 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. Building Division 15. Permits Required: A building permit application shall be required for each proposed new residential structure. The building permit shall include ElectricaUPlumbing/Mechanical fees when such work is part of the permit. Planning Commission Resolution No. 3539 PLN2002-140 -1396 W. Latimer Avenue- Planned Development Permit Page 6 16. Plan Preparation: This project requires plans prepared 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. 17. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 18. Size of Plans: The size of construction plans submitted for building permits shall be 24 inches by 36 inches. 19. 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 prepared by a licensed engineer specializing in soils mechanics. 20. 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. 21. 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 as specified 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 22. Title 24 Energy Compliance: California Title 24 Energy Compliance forms CF-1R and MF- 1R shall be blue-lined on the construction plans. 8'/s X 11 calculations shall be submitted as well. 23. Special Inspections: When a special inspection is required by U.B.C. Section 1701, the architect 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. 24. 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. Planning Commission Resolution No. 3539 PLN2002-140 -1396 W. Latimer Avenue- Planned Development Permit Page 7 25. 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 clearances. 26. 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. 27. Approvals Reguired: The project requires the following agency approval prior to issuance of the building permit: a. West Valley Sanitation District (378-2407) b. Santa Clara County Fire Department (378-4010) c. Bay Area Air Quality Management District (Demolitions Only) d. School District: 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. COUNTY FIRE DEPARTMENT 28. 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. 29. Required Fire Flow: The required fire flow for this project is 1,000 gpm at 20 psi residual pressure. The required fire flow is available from area water mains and fire hydrant(s), which are located at the required spacing. 30. 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. PUBLIC WORKS DEPARTMENT 31. Parcel Man: Prior to issuance of any building permits for the project, the applicant shall submit a parcel map for recordation upon approval by the City. The current plan check fee is $2,400.00 plus $35 per parcel. Planning Commission Resolution No. 3539 PLN2002-140 - 1396 W. Latimer Avenue- Planned Development Permit Page 8 32. Preliminary Title Report: Upon submittal of the tentative parcel map, the applicant shall provide a current Preliminary Title Report. 33. Public Service Easement: Upon recordation of the parcel map, the applicant shall grant a ten foot public service easement on private property contiguous with the public right-of-way along the W. Latimer Avenue frontage. 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. 34. Monumentation for Parcel Man: Prior to recordation of the parcel map, the applicant shall provide security for setting all monuments shown on the map. 35. Street Improvements: Upon recordation of the parcel map/final 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 fee for anon- utility encroachment permit application is currently $260.00. The plans shall include the following: a. Install curb, gutter and sidewalk. b. Install full pavement section to conform to existing pavement, as required by the City Engineer. c. Install street tree, irrigation and groundcover. d. Install streetlight in accordance with the City's street light policy. e. Install storm drain facilities as needed. f. Construction of conforms to existing public and private improvements, as necessary. 36. 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. 37. Water Meter(s) and Sewer Cleanout(s): Proposed water meter(s) and sewer cleanout(s) shall be installed on private property behind the public right-of-way line. 38. 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. 39. Utilities: All new on-site utilities shall be installed underground per Section 20.36.150 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. Planning Commission Resolution No. 3539 PLN2002-140 - 1396 W. Latimer Avenue- Planned Development Permit Page 9 40. 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, which 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. 41. 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-year 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. 42. Storm Drain Area Fee: Prior to recordation of the parcel map, the applicant shall pay the required Storm Drain Area fee of $2,250.00 per net acre. 43. 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 Clara Valley Water District requirements, and the Campbell Municipal Code regarding 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. 44. Covenants. Conditions, and Restrictions: Provide copies of CC&Rs for review by the City prior to recordation of the Parcel Map and CC&Rs. 45. Demolition: Prior to recording of the Parcel Map the applicant shall obtain a demolition permit and remove any nonconforming structures. PASSED AND ADOPTED thi; AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: 10`h day of February, 2004, by the following roll call vote: Alderete, Doorley, Francois, Gibbons, Hernandez, Rocha and Roseberry None None None Planning Commission Resolution No. 3539 PLN2002-140 - 1396 W. Latimer Avenue- Planned Development Permit Page 10 APPROVED: ,~tl, ~ f ~1--' ?C George Doorley, Chair ATTEST: Sharon Fierro, Secretary RESOLUTION N0.3540 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A TREE REMOVAL PERMIT (PLN2002-141) TO ALLOW THE REMOVAL OF ONE BLACK WALNUT TREE ON PROPERTY OWNED BY MR. TIM OLDHAM LOCATED AT 1396 W. LATIMER AVENUE IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. TIMOTHY OLDHAM. FILE NO. PLN2002-141. 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 Planning Commission did find as follows with respect to application PLN2002-141: 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 allow the removal of one protected tree (one 36-inch diameter Black Walnut tree) because it would prohibit the construction of the new buildings due to its central location. 3. The two proposed 36-inch box replacement trees exceed 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. Based upon the foregoing findings of fact, the Planning Commission 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. 2. 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. 3. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. Planning Commission Resolution No. 3540 PLN2002-141 - 1396 W. Latimer Avenue- Tree Removal Permit Page 2 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval of a Tree Removal Permit (PLN2002-141) to allow the removal of one Black Walnut tree on property owned by Mr. Tim Oldham located at 1396 W. Latimer Avenue, subject to the following conditions: 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: 1. Approved Permit: Approval is granted for a Tree Removal Permit to allow the removal of one protected tree at 1396 W. Latimer Avenue. This permit shall be valid only in conjunction with the approved Planned Development Permit (PLN2004-140). 2. Replacement Trees: Two 36-inch box size trees shall be required as replacement for the one 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. PASSED AND ADOPTED thi: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: 10~' day of February, 2004, by the following roll call vote: Alderete, Doorley, Francois, Gibbons, Hernandez, Rocha and Roseberry None None None n APPROVED: ~ ~ Gl7/'" Gec~tg'e Doorley, Chai ~`, ,~ `...~ ._~ ATTEST: 7 baron Fierro, Secretary Attachment #5 Planning Commission Minutes of February 10, 2004 Page 2 ORAL REQUESTS There were no oral requests. *** PUBLIC HEARING Chair Doorley read Agenda Item No. 1 into the record. PLN2002-138 Public Hearing to consider the applications of Mr. Timothy Oldham PLN2002-139 for the following development of property owned by Mr. Timothy PLN2002-140 Oldham located at 1396 W. Latimer Avenue in an R-2-S (Multiple PLN2002-141 Family Residential) Zoning District: Zone Change (PLN2002-138) Oldham, T. from R-2-S (Multiple Family Residential) to P-D (Planned Development); Tentative Parcel Map (PLN2002-139) to create four townhome lots and one common drive; Planned Development Permit (PLN2002-140) to allow the construction of four townhome units; and Tree Removal Permit (PLN2002-141) to allow the removal of one walnut tree. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Tentative City Council Meeting Date: March 2, 2004. Project Planner: Tim J. Haley, Associate Planner Mr. Tim J. Haley, Associate Planner, presented the staff report as follows: • Advised that the applicant is seeking approval to develop property located at 1396 W. Latimer Avenue with four townhome units. Included is a Zone Change from R-2-S to PD, a Parcel Map to create four lots and one common drive, a Planned Development Permit to construct four townhomes and a Tree Removal Permit to allow the removal of one black walnut tree located at the rear of the property. • Informed that asingle-family residence that is to be demolished currently occupies the site. The property is located on the south side of W. Latimer Avenue between San Tomas Aquino and Superior. Single-family residences are to the north, multiple-family residential to the south and west and duplexes to the east. • Said that the project is proposed at a density of 12.9 units per gross acre. The General Plan Land Use designation of Medium Density Residential allows a density of 14-20 units per gross acre. The site would accommodate up to five apartment units. • Stated that the project is proposed as three buildings. The two front buildings are detached and the rear building is a duet or duplex structure. • Described the lot coverage as 29 percent, the landscaping at 32 percent and the paving at 39 percent. Fourteen parking spaces will be provided, six covered and eight uncovered. The units are three bedroom, two-and-a-half bath and range between 1,584 and 1,773 square feet with one and two car attached garages. • Said that the proposal includes changing the zoning to Planned Development to allow the subdivision of the site into individual lots. • Explained that the architectural style features stucco and wood siding wainscoting. Features such as porches, bay windows and gables accent the units. Private open spaces ranging from 333 to 395 square feet are provided. Decorative paving will be included. Planning Commission Minutes of February 10, 2004 Page 3 • Suggested that the Commission adopt four Resolutions forwarding recommendations of approval of this project to Council. Commissioner Hernandez asked about the plan to replace the walnut tree with two 36-inch box trees while the proposed Conditions of Approval only call out for one. He suggested that two replacements be formalized in the Conditions. Associate Planner Tim J. Haley explained that the applicant is proposing two but the Ordinance requires just one replacement tree. He agreed that the Conditions could reflect the plans for two replacement trees. Commissioner Hernandez asked for clarification on the location of the eighth uncovered parking space, asking if one is a tandem space. Associate Planner Tim J. Haley pointed out that one of the spaces is located in front of Unit 3 in the driveway area and may not be clearly delineated on the plan. Commissioner Hernandez asked if any traffic concerns were raised about the access from the site onto Latimer Avenue. Associate Planner Tim J. Haley replied that the City's Traffic Engineer who reviewed this proposal raised no issues or concerns. Commissioner Gibbons presented the Site and Architectural Review Committee report as follows: • Reported that SARC reviewed this project on two occasions, December 9, 2003, and January 27, 2004. • Said that this has been a challenging project and that the applicant has worked substantively to improve parking and landscaping, issues raised by SARC at its December 9`~ meeting. At that time the applicant was asked to modify the proposed building colors and provide window sill/trim details. The applicant subsequently has provided additional and cleared drawings. • Concluded by stating the SARC is in favor of this project over all. Chair Doorley opened the Public Hearing for Agenda Item No. 1. Chair Doorley closed the Public Hearing for Agenda Item No. 1. Commissioner Gibbons: • Pointed out that one comment she brought up at the first SARC meeting has not yet been addressed. That issue is the placement of stairs in the garages of a couple of units and her concern that the resulting lowered ceiling height might preclude the parking of many types of vehicles. • Suggested that a Condition be imposed that requires clarification and approval by the Community Development Director in resolving that conflict. Planning Commission Minutes of February 10, 2004 Page 4 Commissioner Hernandez asked staff what the minimum number is for uncovered parking spaces. Associate Planner Tim J. Haley replied that there is a minimum for covered parking provided, which for this development is four while they are providing six. There is also a minimum total number of parking spaces to be provided per unit. Commissioner Hernandez: • Expressed concern about the one parking space in the driveway and the fact that it may be tight to maneuver in and out of this spot. • Questioned if proper ingress, egress and fire access is being provided. • Stated his concern about minimum setbacks for this type of development with two and a half story structures. Commissioner Gibbons: • Stated that she struggled regarding the provision of parking and open space but did not pick up on that particular parking space. • Concurred that this space might be an issue. Chair Doorley reopened the Public Hearing for Agenda Item No. 1 and invited the applicant to address these concerns raised about the garage heights and access to Units 3 and 4. Mr. Tim Oldham, Applicant and Owner, 1396 W. Latimer Avenue, Campbell: • Reported that per his architect, the project as designed meets the legal standards. Commissioner Gibbons said that she has problem with the eighth parking space. Senior Planner Geoff I. Bradley reported that this spot had previously been landscaping. He added that Fire does not need to go all the way back to serve this site. Commissioner Gibbons said that she has a problem with cars getting out of this really constrained space. Associate Planner Tim J. Haley reminded that the applicant and SARC had elected to create a front yard area for Unit 4 so parking got shifted. Commissioner Gibbons said that SARC may have tried too hard there. Suggested adding a Condition of Approval that the No. 8 parking space be modified to allow better turnaround and access even if it reduces the yard area in front of Unit 4. Commissioner Hernandez asked if she is referring to the entire private yard space area. Commissioner Gibbons replied not all of it. Commissioner Hernandez agreed that this condition seems reasonable. Planning Commission Minutes of February 10, 2004 Page 5 Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Hernandez, the Planning Commission took the following action for development of property owned by Mr. Timothy Oldham located at 1396 W. Latimer Avenue: 1. Adopted Resolution No. 3537 recommending approval of a Zone Change (PLN2002-138) from R-2-S (Multiple Family Residential) to P- D(Planned Development); 2. Adopted Resolution No. 3538 recommending approval of a Tentative Parcel Map (PLN2002-139) to create four townhome lots and one common drive; 3. Adopted Resolution No. 3539 recommending approval of a Planned Development Permit (PLN2002-140) to allow the construction of four townhome units, with changes to the Conditions to: A. Revise the location of parking space No. 8 to accommodate better turning radius to ~ the satisfaction of the Community Development Director and B. Review of the garage floor plans, subject to the approval of the Community Development Director, to ensure that the ceiling heights under the stairs will still accommodate the parking of a full size car. 4. Adopted Resolution No. 3540 recommending approval of a Tree Removal Permit (PLN2002-141) to allow the removal of one walnut tree with the amended Condition of Approval No. 2 to replant with two 36- inch box trees, and 5. Found this project to be Categorically exempt under CEQA, by the following roll call vote: AYES: Alderete, Doorley, Francois, Gibbons, Hernandez, Rocha and Roseberry NOES: None ABSENT: None ABSTAIN: None Chair Doorley advised that this item would be considered by Council for final action at its meeting of March 16.2004. MISCELLANEOUS *** Chair Doorley read Agenda Item No. 2 into the record. 2. Zoning Code Public Hearing to consider a comprehensive Zoning Code Update Update and to find said Update to be consistent with the City's General Plan. A Negative Declaration has been prepared for this project. Project Planner: Geoff L Bradley, Senior Planner Chair Doorley announced that Item No. 2 would be continued and opened the Public Hearing for Agenda Item No. 2. OF • CA~,jA ITEM NO.1 V ~r o ~ CITY OF CAMPBELL -PLANNING COMMISSION y` ~~ Staff Report -February 10, 2004 •~R~HA~~• PLN2002-138 (ZC) Public Hearing to consider the application of Mr. Timothy Oldham to PLN2002-139 (TPM) allow a Zone Change (PLN2002-138) from R-2-S (Multiple Family PLN2002-140 (PD) Residential) to P-D (Planned Development); a Tentative Parcel Map PLN2002-141 (TRP) (PLN2002-139) to allow the creation of four lots and one common lot; a Oldham, T. Planned Development Permit (PLN2002-140) to allow the construction of four townhomes and a Tree Removal Permit (PLN2002-141) to allow the removal of two protected trees on property owned by Mr. Timothy Oldham located at 1396 W. Latimer Avenue in an R-2-S (Multiple Family Residential) Zoning District. STAFF RECOMMENDATION That the Planning Commission take the following actions: 1. Adopt a Resolution incorporating the attached findings, recommending that the City Council approve a Zone Change from R-2-S (Multiple Family Residential) to P-D (Planned Development). 2. Adopt a Resolution incorporating the attached findings, recommending that the City Council approve a Planned Development Permit to allow the construction of four townhomes, subject to the attached conditions of approval. 3. Adopt a Resolution incorporating the attached findings, recommending that the City Council approve a Tentative Parcel Map to allow the creation of four lots and one common lot, subject to the attached conditions of approval. 4. Adopt a Resolution incorporating the attached findings, recommending that the City Council approve a Tree Removal Permit to allow the removal of one Black Walnut tree, subject to the attached conditions of approval. ENVIRONMENTAL DETERMINATION Staff recommends that the Planning Commission find that this project is Categorically Exempt under Section 15303, Class 3 of the California Environmental Quality Act (CEQA) pertaining to the construction of four dwelling units and Section 15315, Class 15, of the California Environmental Quality Act (CEQA) pertaining to the division of property in urbanized areas into four or fewer parcels when the division is in conformance with the City's General Plan and Zoning Code. PROJECT DATA Gross Lot Area: 0.31 acres 13,570 square feet Net Lot Area: 0.27 acres 11,800 square feet Project Density: 12.9 units per gross acre Staff Report -Planning Corruivssion Meeting of February 10, 2004 PLN2002-138/139/140/141- 1396 W. Latimer Avenue Page 2 Site Utilization: Building Coverage: Landscape Coverage: Paving Coverage: 29.3% - 3,453 square feet 32.6% - 3,845 square feet 38.1% - 4,502 square feet Floor Area Ratio (FAR): 0.53 - 6,314 square feet (first and second floor) 0.14 -1,615 square feet (attic/gable area) 0.67 - 7,929 square feet total Parking: Provided: 14 parking spaces (6 covered, 8 uncovered) Required: 14 parking spaces (minimum 4 covered) Unit Summary: Building 1 (1 unit): 3 BR/2.5 BA 1,773sq. ft.+ 432 sq. ft. garage Building 2 (1 unit): 3 BR/2.5 BA 1,665 sq. ft. + 433 sq. ft. garage Building 3&4 (2 units): 3 BR/2.5 BA 1,584 sq. ft.+ 229 sq. ft. garage Building Height: Provided: Building 1 - 28 feet, 8 inches, two and one-half stories Building 2 - 28 feet, 8 inches, two and one-half stories Building 3 - 32 feet, two and one-half stories Allowed: 35 feet, 21/z stories maximum Adjacent Land Uses: North: Single-Family Residential (R-1) South: Apartments (R-2-S) East: Duplexes (R-D) West: Condominiums (R-2-S) DISCUSSION Back rog und: The project was continued from the previous Planning Commission meeting of January 14, 2004, so that the applicant could submit revised plans modifying the parking arrangement and refining the building elevations. Applicant's Proyosal: The applicant is requesting approval of a Zone Change (PLN2002-138) from R-2-S (Multiple Family Residential) to P-D (Planned Development); a Tentative Parcel Map (PLN2002-139) to allow the creation of four lots and one common lot; a Planned Development Permit (PLN2002-140) to allow the construction of four townhomes and a Tree Removal Permit (PLN2002-141) to allow the removal of one Black Walnut tree on property located at 1396 W. Latimer Avenue. Property Description: The project site is currently developed with asingle-family home, which would be demolished with this project. The subject property is located on the south side of West Staff Report -Planning Commission Meeting of February 10, 2004 PLN2002-138/139/140/141- 1396 W. Latimer Avenue Page 3 Latimer Avenue, between San Tomas Aquino Rd. and Superior Drive, and is surrounded by single-family residential uses to the north, multiple family residential uses to the south and west and duplexes to the east. A variety of apartments, condominiums and townhomes projects have been constructed on the south side of West Latimer Avenue to the west of the project site in a one, two and, two and one-half story formats over the past 25 years within a similar General Plan Land Use designation of Medium Density Residential. ANALYSIS General Plan Desi nation: The General Plan land use designation for the project site is Medium Density Residential (14-20 units per gross acre). The maximum density for this site would be six units at 19.3 units per gross acre under the General Plan density range. The proposed project is developed at a density of 12.9 units per gross per acre. The City does not have a policy requiring that residential projects meet the minimum permitted density. Therefore, the proposed project is consistent with the General Plan. The proposed project complies with the following General Plan Land Use Element Strategies: Strategy LUT-5.2a: Neighborhood Compatibility: Promote new residential development and substantial additions that are designed to maintain and support the existing character and development pattern of the surrounding neighborhood, especially in historic neighborhoods and neighborhoods with consistent design characteristics. Strategy LUT-9.3e: Building Materials: Encourage the use of long-lasting, high quality building materials on all buildings to ensure the long-term quality of the built environment. Strategy LUT-17.1b: Landscaping: Ensure that new developments provide new tree plantings, shrubs, greenery and other landscaping materials, and preserve existing trees and shrubs. Zoning Designation: The current zoning designation for the project site is R-2-S (Multiple Family Residential). In the R-2-S zoning district, amulti-family dwelling could be constructed on the project site, if all other development standards (i.e. setbacks, parking, etc.) could be met. A maximum of five units could be constructed under the current zoning. The applicant is requesting approval of a Zone Change from R-2-S to P-D to allow for the development of four townhomes, each unit to be constructed on an individual lot and a common driveway. The Zone Change allows for the separate ownership of the units as opposed to the development of amulti-family dwelling on a single lot (i.e. apartments). Subdivision Design: The applicant is requesting approval of a Tentative Parcel Map to subdivide the property into four residential lots and one common lot. The common lot would consist of a common access driveway, shared parking spaces and landscaping. Staff Report -Planning Commission Meeting of February 10, 2004 PLN2002-138/139/140/141-1396 W. Latimer Avenue Page 4 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 shall be submitted prior to recordation of the Parcel Map, for review and approval by the Community Development Director and City Attorney. Site Plan: The site plan proposes the construction of four townhomes, two detached units towards West Latimer Avenue frontage and a duet at the rear of the property. All of the residences take vehicular access from West Latimer Avenue via a 20-foot wide common driveway running along the eastern property line. The northern elevation of the first unit faces West Latimer Avenue has an entryway that is oriented towards the street and is set back a minimum of 15 feet from the street property line. Side and rear yard setbacks for the proposed residences range from 5 to 10 feet. The site plan reflects changes recommended by the Site and Architectural Review Committee to increase landscaping and provide tandem parking spaces in front of the rear unit garages. Architecture: The proposed townhouse development will consist of three two-one half story buildings. The buildings would have a mixture of wood siding and stucco exteriors with weathered edge veneer and brick wainscoting around the base of the buildings. The third level of townhomes accommodate bedrooms under a gable roof area. The buildings utilize gabled roof forms and projecting eaves to provide a residential scale to the project. The elevations are accented with shutters, porches and trellises to enhance the residential scale of the buildings. Roofing is shown as an Elk Prestique composition shingle. The proposed exterior paint colors consist of a complimentary combination of sage, taupe and gray wall colors with off-white trim and accent features. The color scheme creates an individual appearance for each building. The Site and Architectural Review Committee recommended a more traditional and subdued color palette. Staff has recommended a condition of approval addressing the provision of specific color samples at the time of building permit submittals. Oven Space: Private open space would be provided for each unit by a private rear yard area that is enclosed by a wood fence. The rear yard areas have a minimum depth of five feet and a width ranging from 24.5 feet to 49 feet. Private yard areas range from 333 square feet to 395 square feet. Common open space is provided at and along the common driveway and adjacent to the front porches of units 1, 3 and 4. There is no specific open space requirement for townhomes or residential developments in the Planned Development Zoning District. However, the most comparable open space requirement is for condominiums, which requires S00 square feet per dwelling unit. The site plan indicates that 32.5 percent of the project will be landscaped or 871 square feet per unit. Single-family residences, which are on parcels at least 6,000 square feet in size, must provide 750 square feet of open space. Staff finds that the proposed open space area is sufficient for this type of residential development. Staff Report -Planning Commission Meeting of February 10, 2004 PLN2002-138/139/140/141- 1396 W. Latimer Avenue Page 5 Driveways and Parking Areas: The proposed plans indicate the installation of decorative paving in front of garages and trellis structures over the open parking spaces. These improvements enhance the appearance of the project and the paved areas of the development. The applicant has submitted a revised site plan reconfiguring the reaz parking azea as discussed by the Site and Architectural Review Committee. This revised plan improves the landscape areas in front of unit 3 and 4. Landscapin rees: The conceptual landscape plan shows shrubs and landscaping along the east side of the property along the common driveway; shrubs, ground cover and trees in the landscaped area along the frontage and front yards; and shrubs and groundcover in front of all the units and surrounding the uncovered parking spaces. The proposed landscaping represents 32.5% of the total lot area. The applicant is proposing to remove one tree that is 36 inch and protected under the City's Tree Protection Regulations. The 36-inch diameter Black Walnut tree must be removed to accommodate the new buildings. An arborist report was prepared for this project by a Certified Arborist and is attached to this report as Attachment #9. The landscape plan indicates the provision of two required 36-inch box replacement trees. The conditions of approval require the applicant to submit a detailed landscape plan that shows the required landscaping and replacement trees prior to the issuance of building permits. Parkin: The Parking and Loading Ordinance requires three and one half parking spaces per unit, one of which must be covered. Therefore, the proposed four-unit townhome development requires 14 off-street parking spaces, four of which must be covered. The site plan provides a total of 14 parking spaces, six covered and eight uncovered. Site and Architectural Review Committee: The Site and Architectural Review Committee reviewed this application at its meeting of December 9, 2003 and January 27, 2004. The Committee was generally supportive of the revised project design. The Committee had concerns regarding the following: 1) Building colors and 2) The window sill and trim details The Committee recommended that the applicant pursue further refinements of the project design in terms of building colors and window details for the Planning Commission's consideration. Attachments: 1. Findings for Approval of File No. PLN2002-138 (Zone Change) 2. Findings for Approval of File No. PLN2002-139 (Tentative Parcel Map) 3. Findings for Approval of File No. PLN2002-140 (Planned Development Permit) 4. Findings for Approval of File No. PLN2002-141 (Tree Removal Permit) Staff Report -Planning Commission Meeting of February 10, 2004 PLN2002-138/139/140/141- 1396 W. Latimer Avenue Page 6 5. Conditions of Approval for File No. PLN2003-139 (Tentative Parcel Map) 6. Conditions of Approval for File No. PLN2003-140 (Planned Development Permit) 7. Conditions of Approval for File No. PLN2003-141 (Tree Removal Permit) 8. Project Plans (Site Plan, Floor Plans, Elevations, Tentative Parcel Map & Grading and Drainage Plan, Landscaping Plan and Irrigation Plan) 9. Arborist Report 10. Photos of surrounding properties. 11. Location Map Prepared by: I ~-. Tim Haley, Associate Planner Approved by: / . ~ ~~~~ edff I. Bradley, Senior Planner Attachment #1 FINDINGS FOR APPROVAL OF FILE NO PLN2002-138 (ZONE CHANGE) SITE ADDRESS: 1396 W. Latimer Avenue APPLICANT: Timothy Oldham P.C. MEETING: February 10, 2004 Findings for the Plannine Commission to recommend that the City Council approve a Zone Change from R-2-S (Multiple Family Residential) to P-D (Planned Development) on property located at 1396 W. Latimer Avenue. The Planning Commission finds as follows with regard to File No. PLN2002-138: 1. The proposed P-D zoning designation is consistent with the current Medium Density Residential (14-20 units per gross acre) General Plan land use designation for the property. 2. The proposed density of 12.9 units per gross acre is less than the maximum allowed density range of 14-20 units per gross acre permitted in the Medium Density Residential General Plan land use designation. 3. Under the R-2-S zoning designation, a 5 unit multi-family dwelling could be constructed on the project site, if all other development standards could be met (i.e. setbacks, parking, etc.). 4. The zoning designation change from R-2-S to P-D does not affect the maximum density range allowed for the property. 5. The zoning designation change from R-2-S to P-D allows for the separate ownership of units as opposed to the development of amulti-family dwelling on a single lot (i.e. apartments). Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed development and uses will clearly result in a more desirable environment and use of the land than would be possible under any other zoning classification. 2. 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. 3. The proposed development will not result in allowing more residential units than would be allowed by other residential zoning districts which are consistent with the recommended General Plan land use designation of the property. 4. The proposed zoning classification change will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 5. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. Attachment #1 Page 2 of 2 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. Attachment #2 FINDINGS FOR APPROVAL OF FILE NO PLN20032-139 (TENTATIVE PARCEL MAP) SITE ADDRESS: 1396 W. Latimer Avenue APPLICANT: Timothy Oldham P.C. MEETING: February 10, 2004 Findings for the Planning Commission to recommend that the Citv Council approve a Tentative Parcel Man to create four residential lots and one common lot on property located at 1396 W Latimer Avenue. The Planning Commission finds as follows with regard to File No. PLN2002-139: 1. The proposed creation of four 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 Parcel Map is consistent with the Planned Development Zoning Ordinance. 3. The provisions of the Covenants Conditions and Restrictions are necessary to ensure the long-term maintenance of the common access driveway, shared parking area and landscaping. 4. The Tentative Parcel Map has been distributed to local agencies, including Pacific Gas and Electric, West Valley Sanitation District, Santa Clara 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. The project qualifies as Categorically Exempt under Section 15315, Class 15 of the California Environmental Quality Act (CEQA). Based upon the foregoing findings of fact, the Planning Commission 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. 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. Attachment #2 Page 2 of 2 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. Attachment #3 FINDINGS FOR APPROVAL OF FILE NO PLN2002-140 (PLANNED DEVELOPMENT PERMIT) SITE ADDRESS: 1396 W. Latimer Avenue APPLICANT: Timothy Oldham P.C. MEETING: February 10, 2004 Findines for the Plannins Commission to recommend that the City Council approve a Planned Development Permit to allow the construction of four townhomes on property located at 1396 W. Latimer Avenue. The Planning Commission finds as follows with regard to File No. PLN2002-140: 1. The density of the proposed project site is 12.9 units per gross acre, which is less than and consistent with the General Plan land use designation of Low-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 four townhomes each on individual lots. All of the residences take vehicular access from West Latimer Avenue via a 20-foot wide, common access driveway running along the eastern property line. 4. Private open space is provided for each unit by a private rear yard area. The rear yard areas have a minimum depth of 5 feet and a width ranging from 36 feet to 42 feet. Two of the units have a 359 or 354 square foot private rear yard area and the other two have a 450 square foot private rear yard. 5. The project provides 14 off-street parking spaces, where 14 spaces are required. 6. The completed project would consist of four new townhomes with a building coverage of 29.3%, landscaping coverage of 32.6% and paving coverage of 38.1%. 7. The proposed project will have a floor area ratio of 0.67. 8. The subject property is surrounded by single-family residential uses to the north, duplexes to the west and multiple-family residential uses to the south and west. 9. The proposed massing and design of the buildings are consistent with other developments in the surrounding area. 10. The project qualifies as Categorically Exempt under Section 15303, Class 3 of the California Environmental Quality Act (CEQA). Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: Attachment #3 Page 2 of 2 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 hazmonious development of the immediate azea. 3. The proposed development will not result in allowing more residential units than would be allowed by other residential zoning districts, which are consistent with the General Plan designation of the property. 4. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 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. Attachment #4 FINDINGS FOR APPROVAL OF FILE NO PLN2002-141 (TREE REMOVAL PERMIT) SITE ADDRESS: 1396 W. Latimer Avenue APPLICANT: Timothy Oldham P.C. MEETING: February 10, 2004 Findines for the Planning Commission to recommend that the City Council approve a Tree Removal Permit to allow the removal of one Black Walnut tree on property located at 1396 W Latimer Avenue. The Planning Commission finds as follows with regard to File No. PLN2002-141: 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 allow the removal of one protected tree (one 36-inch diameter Black Walnut tree) because it would prohibit the construction of the new buildings due to its central location. The two proposed 36-inch box replacement trees are in excessive of 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. Based upon the foregoing findings of fact, the Planning Commission 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. 2. 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. 3. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. Attachment #5 CONDITIONS OF APPROVAL FOR FILE NO. PLN2002-139 (TENTATIVE PARCEL MAP) Revised SITE ADDRESS: 1396 W. Latimer Avenue APPLICANT: Timothy Oldham P.C. MEETING: February 10, 2004 The applicant is hereby notified, as part of this application, that (s)he is required to meet the following conditions in accordance with the ordinances of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. 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 items under review. Additionally, the applicant is hereby notified that (s)he 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 1. Approved Project: Approval is granted for a Tentative Parcel Map to create four residential lots and one common lot at 1396 W. Latimer Avenue. The Parcel Map shall substantially conform to the Tentative Parcel Map prepared by Frank Oldham and dated 2/18/03, except as may be modified by the conditions of approval herein. 2. Approval Expiration: 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. 3. Parcel Map: The Planned Development Permit approval is contingent upon recordation of the Parcel Map to divide the subject property. The Parcel Map shall be recorded prior to the issuance of building permits. 4. Covenants, Codes and Restrictions (CC&Rs)• Prior to recordation of the Parcel 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. The formation of a homeowner's association to ensure the long-term maintenance of the 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, including the common access driveway. Attachment #5 Page 2 of 4 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 for the availability of an interior garage space for the parking of two vehicles at all times and no parking in the driveway. Provision to prohibit the use of parking spaces for storage purposes, including boats, trailers, and recreational vehicles. g. The on-site sewer shall be privately maintained. 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. Parcel Man: Prior to issuance of any building permits for the project, the applicant shall submit a Parcel Map for recordation upon approval by the City. The current plan check fee is $2,400.00 plus $35 per parcel. 8. Preliminary Title Report: Upon submittal of the Tentative Parcel Map, the applicant shall provide a current Preliminary Title Report. 9. Public Service Easement: Upon recordation of the parcel map, the applicant shall grant a ten foot public service easement on private property contiguous with the public right-of--way along the W. Latimer Avenue frontage. 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. Easements: Prior to recordation of the Parcel Map, the applicant shall cause easements to be recorded for utilities, storm drains, reciprocal ingress and egress, emergency vehicles etc., as necessary. 11. Monumentation for Parcel Man: 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 fees and deposits, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street Attachment #5 Pa e 3 of 4 improvements, as required by the City Engineer. The fee for anon-utility encroachment permit is currently $260.00. The plans shall include the following: a. Install curb, gutter and sidewalk b. Install full pavement section to conform to existing pavement, as required by the City Engineer. c. Install street tree, irrigation and ground cover. d. Install storm drainage facilities as needed. e. Install street light in accordance with the City's street light policy. f. Construction of conforms to existing public and private improvements, as necessary. 13. Occupant: Prior to 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, the applicant shall provide a soils report prepared by a registered geotechnical or civil engineer. 16. Utilities: All new on-site utilities shall be installed underground per Section 20.36.150 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 which have been resurfaced within the previous five years will require boring and jacking for all new utility installations. The applicant shall also prepare 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 year 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 issuance of any grading or building permits for the site, the applicant shall pay the required Storm Drain Area fee. 20. Santa Clara Vallev Water District (SCVWD): Prior to the issuance of any permits for grading, landscaping, building or the recordation of the parcel Map, the applicant shall obtain clearance from the SCVWD. Attachment #5 Page 4 of 4 21. Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permitting requirements and the California Storm Water Best Management Practices handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley Water District and the City of Campbell Municipal Code regarding Storm Water Pollution Prevention. 22. Covenants, Conditions, and Restrictions (CC&R's): Provide copies of CC&R's for review by the City prior to recordation of the Parcel Map and CC&Rs. 23. Demolition: Prior to the recordation of the Parcel Map, the applicant shall obtain a demolition and remove any nonconforming structures. Attachment #6 CONDITIONS OF APPROVAL FOR FILE NO. PLN2002-140 (PLANNED DEVELOPMENT PERMIT) SITE ADDRESS: 1396 W. Latimer Avenue APPLICANT: Timothy Oldham P.C. MEETING: February 10, 2004 The applicant is hereby notified, as part of this application, that (s)he is required to meet the following conditions in accordance with the ordinances of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. 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 items under review. Additionally, the applicant is hereby notified that (s)he 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 1. Approved Project: Approval is granted for a Planned Development Permit to allow the construction of four townhomes located at 1396 W. Latimer 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 Frank Oldham, Architect and stamped as received by the Planning Division on November 26, 2003, and including a site plan, floor plans, elevations, and conceptual landscape and irrigation plan. Revised site plan dated January 2, 2004. b. Color and material board submitted by Frank Oldham ,Architect and stamped as received by the Planning Division on November 26, 2003. c. Tentative Parcel Map and conceptual Grading and Drainage Plan prepared by Frank Oldham, Architect and dated as received by the Planning Division on February 18, 2003. 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- year period or the Planned Development Permit shall be void. 3. Parcel Map: The Planned Development Permit approval is contingent upon recordation of the Parcel Map to divide the subject property. The Parcel Map shall be recorded prior to the issuance of building permits. 4. 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 Attachment #6 Page 2 of 8 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. Provide a street tree along the frontage. b. Provide a combination of screening shrubs and vines along the driveway and adjacent to uncovered parking spaces. c. All shrubs shall be a minimum five gallon size plant material and all trees shall be a minimum 24 inch boxed container. The replacement trees for the removed Black Walnut tree shall be a 36 inch boxed tree. 5. Revised Site Plan and Elevations: The applicant shall four copies of a revised elevations and site plans to the Community Development Director prior to the submittal for building permits for review and approval for the Commununity Development Director. Revised plans shall addressing the following: a. Revised elevations to depict gabled dormers. b. Revised color scheme for the project provide traditional and subdued building colors. c. Elevations to indicate revisions to the window design at the rear of units 3 & 4 and architectural compatible railings at the decks. 6. 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. 7. Fences: Any newly proposed fencing shall comply with Section 21.59.090 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. Any existing fencing to remain shall be determined to be in good condition by the Community Development Director. 8. Property Maintenance: The property is to be maintained free of any combustible trash, debris, and weeds until the time that actual construction commences. Any vacant 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). 9. 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. Attachment #6 Page 3 of 8 l0.On-Site Li htin~ 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 decorative design to be compatible with the residential development and shall incorporate energy saving features. 11. 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. 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 areas 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 areas at the construction site. 12. Parking and Driveways: All parking and driveway areas shall be developed in compliance with Chapter 21.50 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. 13. Covenants, Codes and Restrictions (CC&Rs): Prior to recordation of the Parcel 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. The formation of a homeowner's association to ensure the long-term maintenance of the buildings and property. b. Continued architectural controls to ensure the architectural integrity of the project. Attachment #6 Pa e4of8 c. Definition of common areas to be maintained and provision of maintenance for these areas, including the common access driveway. 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 for the availability of an interior garage space for the parking of two vehicles at all times and no pazking in the driveway. f. Provision to prohibit the use of pazking spaces for storage purposes, including boats, trailers, and recreational vehicles. g. The on-site sewer shall be privately maintained. 14. Contractor Contact Information Postin :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. Building Division 15. Permits Required: A building permit application shall be required for each proposed new residential structure. The building permit shall include ElectricaUPlumbing/Mechanical fees when such work is part of the permit. 16. Plan Preparation: This project requires plans prepared 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. 17. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 18. Size of Plans: The size of construction plans submitted for building permits shall be 24 inches by 36 inches. 19. Soils Report: Two copies of a current soils report, prepazed 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. 20. 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. 21. 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 as specified in the soils report and the building pad elevation and on-site retaining wall locations and elevations are Attachment #6 Page 5 of 8 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 22. Title 24 Energy Compliance: California Title 24 Energy Compliance forms CF-1R and MF- 1R shall be blue-lined on the construction plans. 8'/s X 11 calculations shall be submitted as well. 23. Special Inspections: When a special inspection is required by U.B.C. Section 1701, the architect 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. 24. 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. 25. 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 clearances. 26. 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. 27. 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 Clara County Fire Department (378-4010) c. Bay Area Air Quality Management District (Demolitions Only) d. School District: 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. Attachment #6 Pa e6of8 COUNTY FIRE DEPARTMENT 28. 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. 29. Required Fire Flow: The required fire flow for this project is 1,000 gpm at 20 psi residual pressure. The required fire flow is available from area water mains and fire hydrant(s), which are located at the required spacing. 30. 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. PUBLIC WORKS DEPARTMENT 31. Parcel Man: Prior to issuance of any building permits for the project, the applicant shall submit a parcel map for recordation upon approval by the City. The current plan check fee is $2,400.00 plus $35 per parcel. 32. Preliminary Title Report• Upon submittal of the tentative parcel map, the applicant shall provide a current Preliminary Title Report. 33. Public Service Easement• Upon recordation of the parcel map, the applicant shall grant a ten foot public service easement on private property contiguous with the public right-of- way along the W. Latimer Avenue frontage. 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. 34. Monumentation for Parcel Man• Prior to recordation of the parcel map, the applicant shall provide security for setting all monuments shown on the map. 35. Street Improvements• Upon recordation of the parcel map/final 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 fee for anon- utility encroachment permit application is currently $260.00. The plans shall include the following: a. Install curb, gutter and sidewalk. b. Install full pavement section to conform to existing pavement, as required by the City Engineer. c. Install street tree, irrigation and groundcover. d. Install street light in accordance with the City's street light policy. Attachment #6 Pa e7of8 e. Install storm drain facilities as needed. f. Construction of conforms to existing public and private improvements, as necessary. 36. 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. 37. Water Meter(s) and Sewer Cleanout(s)• Proposed water meter(s) and sewer cleanout(s) shall be installed on private property behind the public right-of-way line. 38. 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. 39. Utilities: All new on-site utilities shall be installed underground per Section 20.36.150 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. 40. 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 which 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. 41. Grading and Draina a Plan: Prior to issuance of any grading or building permits for the site, the applicant shall conduct hydrology studies based on a ten-year 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. 42. Storm Drain Area Fee: Prior to recordation of the parcel map, the applicant shall pay the required Storm Drain Area fee of $2,250.00 per net acre, which is $607.50. 43. 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 Clara Valley Water District requirements, and the Campbell Municipal Code regarding 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 Attachment #6 Page 8 of 8 Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. 44. Covenants. Conditions, and Restrictions: Provide copies of CC&Rs for review by the City prior to recordation of the Parcel Map and CC&Rs. 45. Demolition: Prior to recording of the Parcel Map the applicant shall obtain a demolition permit and remove any nonconforming structures. Attachment #7 CONDITIONS OF APPROVAL FOR FILE NO. PLN2002-141 (TREE REMOVAL PERMIT) SITE ADDRESS: 1396 W. Latimer Avenue APPLICANT: Timothy Oldham P.C. MEETING: January 13, 2003 The applicant is hereby notified, as part of this application, that (s)he is required to meet the following conditions in accordance with the ordinances of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. 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 items under review. Additionally, the applicant is hereby notified that (s)he 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: Approved Permit: Approval is granted for a Tree Removal Permit to allow the removal of two protected trees at 1396 W. Latimer Avenue. This permit shall be valid only in conjunction with the approved Planned Development Permit (PLN2004-140). 2. Replacement Trees: One 36-inch box size trees shall be required as replacement for the one 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.