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PD - 2003MEMORANDUM To: Stephanie Wilkey P anner I, Comm. Development Dept. From: Ja e \ ley De uty City Clerk Date: Au st 7, 2003 Subject: Application of Mr. Russell Mahzoon -Zone Change (PLN 2003-23); Tentative Parcel Map (PLN 2003-24); PD Permit (PLN 2003-25) and Tree Removal Permit (PLN 2003-27) - 636 W. Sunnyoaks Avenue On August 5, 2003, the City Council held a public hearing to consider Mr. Mahzoon's application for a Zone Change (PLN 2003-23), a Tentative Parcel Map (PLN 2003-24); a Planned Development Permit (PLN 2003-25) and a Tree Removal Permit (PLN 2003- 27) for property located at 636 W. Sunnyoaks Avenue. The following action was taken: 1. Gave first reading to Ordinance 2037 approving a Zone Change from R-M-S to PD. This Ordinance will receive second reading and adoption at the regular City Council meeting scheduled for September 2, 2003. 2. Adopted Resolution 10224 approving a Tentative Parcel Map to allow the creation of four lots and one common lot, incorporating findings and subject to the conditions of approval; 3. Adopted Resolution 10225 approving a Planned Development Permit to allow the construction of four townhomes, incorporating findings and subject to the conditions of approval; and 4. Adopted Resolution 10226 approving a Tree Removal Permit to allow the removal of two protected trees, incorporating findings and subject to the conditions of approval. A certified copy of Resolutions 10224, 10225, and 10226 is attached for your records, together with a copy of the letter written to the applicant in follow-up to the City Council's action. .oF~cAM ~ r AAA "~ U r ~~ ' ~, S ~ F c~ ~RCHApO CITY o>F CAMPBELL City Clerk's Office September 3, 2003 Mr. Russell Mahzoon 545 Boynton Avenue San Jose, CA 95117 Dear Mr. Mahzoon: At the regular meeting of September 2, 2003, the City Council gave second reading and final adoption to Ordinance No. 2037 approving a Zone Change (PLN 2003-23) from R-M-S (Multiple Family Residential) to P-D (Planned Development) for property located at 636 W. Sunnyoaks Avenue. A certified copy of the above mentioned Ordinance is attached for your records. Please be advised that the Ordinance becomes effective 30 days from the date of adoption. Should you have any questions in regard to the City Council's action, please do not hesitate to contact this office (866-2117) or Stephanie Wilkey, Planner I, Community Development Department. Sincerely, Anne Bybee City Clerk Enc. cc. Stephanie Wilkey, Planner I, Comm. Development Dept. 70 North First Street ~ Campbell, California 95008.1423 • 'rep 408.866.2117 ~ Fnx 408.374.6889 ~ T~~ 408.866.2790 ORDINANCE NO. 203 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A ZONE CHANGE (PLN2003-23) FROM R-M-S (MULTIPLE FAMII.Y RESIDENTIAL) TO P-D (PLANNED DEVELOPMENT) ON PROPERTY OWNED BY MR. RUSSELL MAHZOON LOCATED AT 636 W. SUNNYOAKS AVENUE. APPLICATION OF MR. RUSSELL MAHZOON. FILE NO. PLN2003-23. 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. Russell Mahzoon for approval of a Zone Change for property located at 636 W. Sunnyoaks Avenue, from R-M-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 2nd day of September , 2003, by the following role call vote: AYES: COUNCII.MEMBERS: NOES: COUNCII.MEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ATTEST: ~- ""'~-- Anne Bybee, City Clerk Watson, Kennedy, Dean, Burr, Furtado None None None APPROVE n Daniel E. Furtado, Ma or QH~ FORFf;~thtC3 CN5?"%•~`°:r!T i$ A TRi~ CORRECT COP" (?v THE CR10lMAI. P~ p1~1 FILE IN THIS 0:-t ACS. C4TY _..-r~ R. antNE BY~?EE, CITY CLERK, ~~~) Map of Said Property Legend 636 W. Sunnyoaks Ave. City Limits Zone Change Parcel Lines PLN2003-23 ~ OF Cq,~A~~ U ',2„ r s ~ F ARCH Aµ0 CITY of CAMPBELL City Clerk's Office August 7, 2003 Mr. Russell Mahzoon 545 Boynton Avenue San Jose, CA 95117 Dear Mr. Mahzoon: At the regular meeting of August 5, 2003, the Campbell City Council held a public hearing to consider your application for a Zone Change (PLN 2003-23) from R-M-S to PD; a Tentative Parcel Map (PLN 2003-24); a Planned Development Permit (PLN 2003-25) and a Tree Removal Permit (PLN 2003-27) for property located at 636 W. Sunnyoaks Avenue. Following public testimony and City Council deliberation, the City Council took the following action: 1. Gave first reading to Ordinance No. 2037 approving a Zone Change (PLN 2003-23) from R-M-S (Multiple Family Residential) to P-D (Planned Development). Second reading and adoption of this Ordinance will be taken at the regular City Council meeting scheduled for September 2, 2003. A certified copy of the Ordinance will be forwarded to you after this meeting. 2. Adopted Resolution No. 10224 approving a Tentative Parcel Map (PLN 2003-24) to allow the creation of four lots and one common lot, incorporating findings, and subject to the attached Conditions of Approval. 3. Adopted Resolution No. 10225 approving a Planned Development Permit (PLN 2003- 25) to allow the construction of four townhomes, incorporating findings, and subject to the attached Conditions of Approval; and 4. Adopted Resolution No. 10226 approving a Tree Removal Permit (PLN 2003-27) to allow the removal of two protected trees, incorporating fmdings, and subject to the attached Conditions of Approval. A certified copy of Resolutions 10224, 10225, and 10226 is enclosed for your records. 70 North First Street Campbell, California 95008.1423 ~re~ 408.866.2117 Fnx 408.374.6889 rDD 408.866.2790 Page 2 Should you have any questions in regard to the City Council's action, please do not hesitate to contact this office (866-2117) or Stephanie Wilkey, Planner I, Community Development Department. Sincerely, a~ g~~ l~ P~ Anne Bybee City Clerk Enc. cc. Stephanie Wilkey, Planner I RESOLUTION NO. 10224 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A TENTATIVE PARCEL MAP (PLN2003-24) TO CREATE FOUR LOTS AND ONE COMMON LOT ON PROPERTY OWNED BY MR. RUSSELL MAHZOON LOCATED AT 636 W. SUNNYOAKS AVENUE IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. RUSSELL MAHZOON. FII.E NO. PLN2003-24. 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 PLN2003-24: 1. The proposed creation of four residential lots and one common lot is consistent with the Low-Medium Density Residential (6-13 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. City Council Resolution PLN2003-24 - 636 W. Sunnyoaks Avenue -- Tentative Parcel Map Page 2 3. The design of the Tentative Parcel Map provides, to the extent feasible, for future passive or natural heating and cooling opportunities. 4. The development and uses will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 5. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. 6. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 7. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. NOW, THEREFORE, BE IT RESOLVED that the City Council approves a Tentative Parcel Map (PLN2003-24) to create four lots and one common lot on property owned by Mr. Russell Mahzoon located at 636 W. Sunnyoaks 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 636 W. Sunnyoaks Avenue. The Parcel Map shall substantially conform to the Tentative Parcel Map prepared by Advance Development and stamped as received by the Planning Division on May 28, 2003, 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. City Council Resolution PLN2003-24 - 636 W. Sunnyoaks Avenue -- Tentative Parcel Map Page 3 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. 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. 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°10 of this fee is due. The remaining 25°Io 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. Tentative Parcel Man: The applicant shall submit a complete and accurate Tentative Parcel Map in accordance with the Planning Division's checklist. 8. 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. 9. Preliminary Title Report: Upon submittal of the Tentative Parcel Map, the applicant shall provide a current Preliminary Title Report. City Council Resolution PLN2003-24 - 636 W. Sunnyoaks Avenue -- Tentative Parcel Map Page 4 10. Public Service Easement and Sidewalk Easement: Prior to recordation of the Parcel Map, the applicant shall grant afour-foot sidewalk easement on private property contiguous with the public right-of-way along the West Sunnyoaks 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. 11. 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. 12. Monumentation for Parcel Map: Prior to recordation of the Parcel Map, the applicant shall provide security for setting all monuments shown on the map. 13. 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 plans shall include the following: a. Removal of the existing curb, gutter, sidewalk and driveway approach to accommodate an ADA compliant driveway approach. b. Construction of new curb, gutter, sidewalk and ADA compliant driveway approach. c. Construction of conforms to existing public and private improvements, as necessary. 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, City Council Resolution PLN2003-24 - 636 W. Sunnyoaks Avenue -- Tentative Parcel Map Page 5 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 Valley 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. 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. PASSED AND ADOPTED this ~,~ day of Aur~ust , 2003, by the following roll call vote: AYES: COUNCILMEMBERS: Watson, Kennedy, Dean, Burr, Furtado NOES: COUNCII.MEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None APPROVED fs Daniel E. Furta ayor ATTEST: Anne Bybee, City Clerk ' FpR~'^C?Ini+!3 iN,,Tw...; ,, .. iS A TfttL6 phiD COFR'':G? C`:^ THE o¢t141NAL ON FILE IN T"•Cs C i A'tT fi*'"1`_ ~"." C.tCY CLE•iK, CISV OF p3ELL, 'zE_t`rbRNIA. RESOLUTION NO. 10225 BEING A RESOLUTION OF THE CITY COUNCII. OF THE CITY OF CAMPBELL APPROVING A PLANNED DEVELOPMENT PERMIT (PLN2003-25) TO ALLOW THE CONSTRUCTION OF FOUR TOWNHOMES ON PROPERTY OWNED BY MR. RUSSELL MAHZOON LOCATED AT 636 W. SUNNYOAKS AVENUE IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. RUSSELL MAHZOON. FILE NO. PLN2003-25. 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 PLN2003-25 1. The density of the proposed project site is 10.8 units per gross acre, which is consistent with the General Plan land use designation of Low-Medium Density Residential (6-13 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 Sunnyoaks Avenue via an 18-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 15 feet and a width ranging from 36 feet to 42 feet. Two of the units have a 540 square foot private rear yard area and the other two have a 679 square foot private rear yard. Common open space is provided at the rear of the property adjacent to the percolation ponds as well as in the front of property along West Sunnyoaks Avenue. 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 26%, landscaping coverage of 36% and paving coverage of 38%. 7. The proposed project will have a floor area ratio of 0.52. 8. The subject property is surrounded by multiple family residential uses to the north, percolation ponds to the south and townhomes to the east 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 PLN2003-25 - 636 W. Sunnyoaks 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 TT RESOLVED that the City Council approves a Planned Development Permit (PLN2003-25) to allow the construction of four townhomes on property owned by Mr. Russell Mahzoon, located at 636 W. Sunnyoaks 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 636 W. Sunnyoaks Avenue. The building design City Council Resolution PLN2003-25 - 636 W. Sunnyoaks 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 Quality Design Concepts, Inc. and stamped as received by the Planning Division on May 28, 2003, including a site plan, floor plans, elevations, and conceptual landscape and irrigation plan. b. Color and material board submitted by Quality Design Concepts Inc. and stamped as received by the Planning Division on May 28, 2003. Tentative Parcel Map and conceptual Grading and Drainage Plan prepared by Advance Development and stamped as received by the Planning Division on May 28, 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 Mau: 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). 5. Tree Protection Plan: The applicant shall submit a tree protection plan for all protected trees to be retained on site and shall contain specific information about the preservation of the trees during any grading or building on site. Such tree protection measures shall be installed prior to any demolition, grading, or building on the project site. No construction or trenching shall take place within the drip line of trees and a fence constructed of temporary cyclone fencing or wire mesh securely attached to poles driven into the ground shall be installed around the dripline of the tree. All trimming or branch removal from protected trees shall be completed by a certified arborist. The tree protection plan shall be submitted to the Planning Division for review and approval by the Community Development Director prior to the issuance of building permits. 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. City Council Resolution PLN2003-25 - 636 W. Sunnyoaks Avenue- Planned Development Permit Page 4 7. Fences: Any newly proposed fencing and/or walls 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. 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. 10. On-Site Lighting:, 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. City Council Resolution PLN2003-25 - 636 W. Sunnyoaks Avenue- Planned Development Permit Page 5 12. Parking and Driveway: All pazking and driveway azeas 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 azeas, 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 pazking of two vehicles at all times and no pazking 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. 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. City Council Resolution PLN2003-25 - 636 W. Sunnyoaks Avenue- Planned Development Permit Page 6 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 Energ}_Compliance: California Title 24 Energy Compliance forms CF-1R and MF- 1R shall be blue-lined on the construction plans. 81/x 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 City Council Resolution PLN2003-25 - 636 W. Sunnyoaks Avenue- Planned Development Permit Page 7 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. 31. Fire Lane Marking Required: Roadways deemed necessary to facilitate emergency vehicle access, shall be identified in accordance with Fire Department Standards Details and Specification A-6 and Local Government Standards. This requirement pertains to the entire length of the driveway along the eastern property line. City Council Resolution PLN2003-25 - 636 W. Sunnyoaks Avenue- Planned Development Permit Page 8 32. Required Access to Water Supply (Hydrants): Portions of the structure(s) are greater than 150 feet of travel distance from the centerline of the roadway containing public fire hydrants. Provide an on-site fire hydrant or provide an approved fire sprinkler system throughout all portions of the affected building. Note: This requirement pertains to the rear duet only. PUBLIC WORKS DEPARTMENT 33. Tentative Parcel Map: The applicant shall submit a complete and accurate Tentative Parcel Map in accordance with the Planning Division's checklist. 34. 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. 35. Preliminary Title Report: Upon submittal of the Tentative Pazcel Map, the applicant shall provide a current Preliminazy Title Report. 36. Public Service Easement and Sidewalk Easement: Prior to recordation of the Parcel Map, the applicant shall grant afour-foot sidewalk easement on private property contiguous with the public right-of-way along the West Sunnyoaks 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. 37. 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. 38. Monumentation for Pazcel Map: Prior to recordation of the Pazcel Map, the applicant shall provide security for setting all monuments shown on the map. 39. 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 plans shall include the following: a. Removal of the existing curb, gutter, sidewalk and driveway approach to accommodate an ADA compliant driveway approach. b. Construction of new curb, gutter, sidewalk and ADA compliant driveway approach. c. Construction of conforms to existing public and private improvements, as necessary. 40. 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. City Council Resolution PLN2003-25 - 636 W. Sunnyoaks Avenue- Planned Development Permit Page 9 41. 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. 42. 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. 43. 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. 44. 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. 45. 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. 46. Santa Clara Valley 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. 47. 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. 48. 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. 49. Demolition: Prior to the recordation of the Parcel Map, the applicant shall obtain a demolition and remove any nonconforming structures. SANTA CLARA VALLEY WATER DISTRICT City Council Resolution PLN2003-25 - 636 W. Sunnyoaks Avenue- Planned Development Permit Page 10 50. Clearance Required: The applicant shall obtain written clearance from the Santa Clara Valley Water District (SCVWD) for construction of this project. Evidence of this clearance shall be provided to the Planning Division prior to the issuance of building permits. WEST VALLEY SANITATION DISTRICT 51. Permit Required: The developer must satisfy District sanitary sewer requirements, including connection fees, plan check fees, inspection fees, etc. Final approval from the District will be in the form of the District's sewer connection permits. The District will issue a permit for each parcel. 52. Sewer Maintenance: The on-site sewer shall be privately maintained and included in the development's CC&R's. PASSED AND ADOPTED this 5th vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS day of Auqust , 2003, by the following roll call Watson, Kennedy, Dean, Burr, Furtado • None COUNCILMEMEERS: None COUNCILMEMBERS: None APPROVE ~ ~ ~ ~'~ Danie E. Furta ayor ATTEST: 't"'~'"'~- ~ ~~" Anne Bybee, City Clerk r,~, ~. ~ - `~ ~,G ~... ,AND ~CX'-; rf „pRN{A. RESOLUTION NO. 10226 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A TREE REMOVAL PERMIT (PLN2003-27) TO ALLOW THE REMOVAL OF TWO PROTECTED TREES ON PROPERTY OWNED BY MR. RUSSELL MAHZOON LOCATED AT 636 W. SUNNYOAKS AVENUE IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. RUSSELL MAHZOON. FILE NO. PLN2003-27. 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 PLN2003-27. 1. The proposed Tree Removal Permit is consistent with the Low-Medium Density Residential (6-13 units per gross acre) General Plan land use designation and P-D (Planned- Development) Zoning District. 2. The project will include the removal of two protected trees (one 19-inch diameter Cottonwood tree and one 20-inch diameter Pine tree) because they would prohibit the construction of the new buildings. 3. The two 24-inch box replacement trees are consistent with the tree replacement requirements of the Tree Protection Regulations. 4. The proposed replacement trees will be a sufficient replacement for the trees to be removed and will continue the diversity of tree species found in the community. 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 PLN2003-27 - 636 W. Sunnyoaks Avenue- Tree Removal Permit Page 2 NOW, THEREFORE, BE IT RESOLVED that the City Council approves a Tree Removal Permit (PLN2003-27) to allow the removal of two protected trees on property owned by Mr. Russell Mahzoon located at 636 W. Sunnyoaks 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. Anuroved Permit: Approval is granted for a Tree Removal Permit to allow the removal of two protected trees at 636 W. Sunnyoaks Avenue. This permit shall be valid only in conjunction with the approved Planned Development Permit (PLN2003-25). 2. Replacement Trees: Two 24-inch box size trees shall be required as replacement for the two 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 5th day of August , 2003, by the following roll call vote: AYES: COUNCII.MEMBERS: Watson, Kennedy, Dean, Burr, Furtado NOES: COUNCII.MEMBERS: None ABSENT: COUNCII.MEMBERS: None ABSTAIN: COLTNCILMEMBERS: None _ AP PROVE Daniel E. Furtado, Mayor ATTEST: FaR+~o IN`xTRt'<,.<«~ ,~ a ~ Aft CORRECT C~JR`; r}F 7HE OR10tNAL Anne Bybee, City Clerk vN FtLE fN T'.il~ Q€ ~'Gk p M'NE CY`?Fr, CITY C~lWK, CITY (~ P6EL Cl~,~lFORNIA. ~ /(I _ y LxQ,(JL~ ~ ~ ^ ~_ ~ ~ city Council ITEM NO: 17 CATEGORY: Public Hearing MEETING DATE• Au ust 5 2003 Report g TITLE Public Hearing to consider the application of Mr. Russell Mahzoon to allow a Zone Change (PLN2003-23) from R-M-S (Multiple Family Residential) to P- D (Planned Development); a Tentative Parcel .Map (PLN2003-24) to allow the creation of four lots and one common lot; a Planned Development Permit (PLN2003-25) to allow the construction of four townhomes and a Tree Removal Permit (PLN2003-27) to allow the removal of two protected trees on property owned by Mr. Russell Mahzoon located at 636 W. Sunnyoaks Avenue in an R-M-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 (PLN2003-23) from R-M-S (Multiple Family Residential) to P-D (Planned Development); and 2. Adopt a Resolution approving a Tentative Parcel Map (PLN2003-24) 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 (PLN2003-25) 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 (PLN2003-27) to allow the removal of two protected trees, 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 (PLN2003-23) from R-M-S (Multiple Family Residential) to P-D (Planned Development); a Tentative Parcel Map (PLN2003-24) to allow the creation of four lots and one common lot; a Planned Development Permit (PLN2003- 25) to allow the construction of four townhomes and a Tree Removal Permit (PLN2003-27) to allow the removal of two protected trees on property located at 636 W. Sunnyoaks Avenue. City Council Report Page 2 PLN2003-23/24/25/27- 636 W. Sunnyoaks 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 Sunnyoaks Avenue, between Virginia Avenue and Winchester Boulevard, and is surrounded by multiple family residential uses to the north, percolation ponds to the south and townhomes to the east and west. The Planning Commission, at its meeting of July 8, 2003, forwarded a recommendation to the City Council by a 6-0 vote (one commissioner was absent) to approve the four applications. ANALYSIS General Plan Desi nom: The General Plan land use designation for the project site is Low- Medium Density Residential (6-13 units per gross acre). The proposed project would be developed at a density of 10.8 units per gross acre, which is within 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. San Tomas Area Neighborhood Plan: The project site is located in the San Tomas Neighborhood and is subject to the San Tomas Area Neighborhood Plan (STANP). The Planning Commission found that the proposed project is consistent with the development standards and design guidelines of the STANP for Low-Medium Density projects (6-13 units per gross acre) in a P-D Zoning District. Zone Chance: The current zoning designation for the project site is R-M-S (Multiple Family Residential). In the R-M-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. The applicant is requesting approval of a Zone Change from R-M-S to P-D to allow for the City Council Report Page 3 PLN2003-23/24/25/27- 636 W. Sunnyoaks Ave. Zone Change, Tentative Parcel Map, Planned Development Permit and Tree Removal Permit 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 Sunnyoaks Avenue via an 18-foot wide common driveway running along the eastern property line. The northern elevation that faces West Sunnyoaks Avenue has an entry way that is oriented towards the street and both buildings are set back a minimum of 15 feet from the property line of adjacent properties and the public. right-of-way as required by the STANP. The site plan provides the required 14 parking spaces, eight covered and six uncovered. Each unit has atwo-car garage and there are six exterior common spaces. Four of the exterior common parking spaces are compact spaces and represent 29% of the total parking spaces provided, which falls below the 40% maximum allowed for compact spaces. Tree Removal Permit: The applicant is proposing to remove two trees that are protected under the City's Tree Protection Regulations. One 19-inch diameter Cottonwood tree and one 20-inch diameter Pine tree are 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 24-inch box replacement trees as well as additiona124-inch box trees on site. 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. City Council Report Page 4 PLN2003-23/24/25/27- 636 W. Sunnyoaks Ave. Zone Change, Tentative Parcel Map, Planned Development Permit and Tree Removal Permit Attachments: 1. Draft City Council Ordinance (Zone Change) 2. Draft City Council Resolution (Tentative Subdivision 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: Stephanie Willsey, Planner I ~ Reviewed by: Sharon Fierro, Community Development Director C`~~ ~ Approved by: Bernar M. S any, City Manager