PD - 2005September 22, 2005
Jose A. Martinez
4950 Cherry Avenue #180
San Jose, CA 95118
Dear Mr. Martinez:
At its regular meeting of September 20, 2005, the Campbell City Council held a public
hearing to consider your application, on behalf of Mr. Tony Baig, for a Tentative Parcel
Map and Planned Development Permit to allow the creation of four lots and one
common lot and to allow the removal of a home on the City's Historic Resources
Inventory and the construction of four new small-lot, single-family residences on
property located at 68 Sunnyside Avenue.
After due consideration, the City Council took the following actions:
1. Adopted Resolution 10571 incorporating Findings and adopting a Mitigated
Negative Declaration for the Sunnyside Avenue Small-Lot Homes Project; and
2. Adopted Resolution 10572 incorporating Findings and approving a Tentative
Parcel Map to allow the creation of four lots and one common lot for property
located at 68 Sunnyside Avenue, subject to Conditions of~Approval; and
3. Adopted Resolution 10573 incorporating Findings and approving a Planned
Development Permit (PLN2005-49) to allow the removal of a home on the City's
Historic Resources Inventory and the construction of four new small-lot, single-
family residences on property located at 68 Sunnyside Avenue, subject to
Conditions of Approval.
Enclosed please find certified copies of Resolution Nos.10571, 10572 and 10573 for
your fife. Please be advised the time within which judicial review of this action must be
sought is governed by Section 1094.6 of the California Code of Civil Procedure, unless
another statute (such as California Government Code Section 65009 or some other
applicable provision of law) sets forth a more specific time period.
~...~.~~ i ~rsr ~rreer ~.ampbell, l.alitornia 95008-(436 rEl. 408.866.2117 Fnx 408.374.6889 ~ r~~ 408.866.2790
Mr. Jose Martinez
September 22, 2005
Page Two
Please do not hesitate to contact this office (866-2117) or Stephanie Willsey,
Community Development Department (866-2140), should you have any questions
regarding the City Council's action.
Sincerely,
t~-~
nne Bybee
City Clerk
enc.
cc: Stephanie Willsey, Community Development Department
Tony Baig, 1249 Remming Avenue, San Jose, CA 95127
RESOLUTION NO. los~i
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING THE ADOPTION OF A MITIGATED
NEGATIVE DECLARATION FOR THE SUNNYSIDE AVENUE
SMALL-LOT HOMES PROJECT LOCATED AT 68 SUNNYSIDE
AVENUE.
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the City Council did
determine that the adoption of a Mitigated Negative Declaration is warranted.
The City Council finds as follows with regard to the Mitigated Negative Declaration:
An Initial Study has been prepared for the Sunnyside Avenue Small-Lot Homes
Project, which provides documentation for the factual basis for concluding that a
Mitigated Negative Declaration may be adopted since no substantial evidence
exists, in light of the whole record, that the project may have a significant effect on
the environment. The project consists of the removal of a home on the City's 1984
Historic Resources Inventory, the creation of four lots and one common lot, and the
construction of four new small-lot single family homes.
2. The Mitigated Negative Declaration describes the reasons the Sunnyside Avenue
Small-Lot Homes Project will not have a significant effect on the environment and
therefore does not require the preparation of an Environmental Impact Report,
pursuant to the California Environmental Quality Act (CEQA) Guidelines.
3. There are no responsible agencies or trustee agencies responsible for resources
affected by the Sunnyside Avenue Small-Lot Homes Project.
4. The City of Campbell provided a Notice of Intent to adopt a Mitigated Negative
Declaration to the public via the Campbell Express and the County Clerk in
compliance with all requirements of the CEQA Guidelines.
5. The City of Campbell provided a 20-day public review period of the draft Mitigated
Negative Declaration pursuant to the CEQA Guidelines. The 20-day public review
period was between July 27, 2005 and August 15, 2005. No comments were
received during this comment period.
6. The mitigation measures identified in the Mitigated Negative Declaration are
included as conditions of approval of the Planned Development Permit.
7. The Mitigated Negative Declaration reflects the independent judgment and analysis
of the Planning Commission.
City Council Resolution
Adopting a Mitigated Negative Declaration-68 Sunnyside Avenue
Page 2
Based upon the foregoing findings of fact, the City Council further finds and concludes
that:
1. 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.
2. The Custodian of the Record for the Mitigated Negative Declaration and Initial Study
is the City Clerk of the City of Campbell, located at 70 North First Street, Campbell,
California.
PASSED AND ADOPTED this loth day of September , 2005, by the following
roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
AI
Burr, Hernandez, Furtado, Watson, Kennedy
None
None
None
'PROV
Jane P. Kennedy, Mayor
ATTEST:
Anne Bybee, City Clerk
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RESOLUTION NO. 10572
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING A TENTATIVE PARCEL MAP (PLN2005-48)
TO ALLOW THE CREATION OF FOUR RESIDENTIAL LOTS AND ONE
COMMON LOT ON PROPERTY OWNED BY MS. SAMEENA BAIG
LOCATED AT 68 SUNNYSIDE AVENUE IN A P-D (PLANNED
DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. JOSE A.
MARTINEZ, ON BEHALF OF MR. TONY BAIG. FILE NO.: PLN2005-48.
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 PLN2005-48:
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 density of 8.5 units per gross acre is within the allowed density range
of 6-13 units per gross acre permitted in the Low-Medium Density Residential
General Plan land use designation.
3. The proposed Tentative Parcel Map is consistent with the Planned Development
Zoning Ordinance.
4. The proposed project includes provisions for access to natural air and light for all of
the units.
5. The provisions of the Covenants, Conditions and Restrictions are necessary to
ensure the long-term property maintenance and continued architectural integrity of
the project.
6. 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.
7. A Mitigated Negative Declaration has been prepared for this project concluding that
there are no significant unmitigated impacts associated with this project, pursuant to
the California Environmental Quality Act (CEQA).
Based upon the foregoing findings of fact, the City Council further finds and concludes
that:
1. The proposed Tentative Parcel Map is consistent with the General Plan and Zoning
Ordinance of the City.
City Council Resolution
PLN2005-48 -- 68 Sunnyside Avenue
Approving a Tentative Parcel Map
Page 2
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.
5. There is a reasonable relationship and a rough proportionality between the
conditions of approval and the impacts of the project.
6. 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 (PLN2005-48) to allow the creation of four residential lots and one common
lot on property owned by Ms. Sameena Baig located at 68 Sunnyside Avenue in a P-D
(Planned Development) Zoning District.
Where approval by the Director of Community Development, City Engineer, Public
Works Director, City Attorney or Fire Department is required, that review shall be for
compliance with all applicable conditions of approval, adopted policies and guidelines,
ordinances, laws and regulations and accepted engineering practices for the item under
review. Additionally, the applicant is hereby notified that he/she is required to comply
with all applicable Codes or Ordinances of the City of Campbell and the State of
California that pertain to this development and are not herein specified.
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
Approved Project: Approval is granted for a Tentative Parcel Map to create four
residential lots and one common lot at 68 Sunnyside Avenue. The Parcel Map shall
substantially conform to the Tentative Parcel Map prepared by Alvarez & Associates
and stamped as received by the Planning Division on June 29, 2005, 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.
City Council Resolution
PLN2005-48 -- 68 Sunnyside Avenue
Approving a Tentative Parcel Map
Page 3
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&R's): Prior to recordation of the Parcel
Map, the applicant shall submit for review and approval by the City a copy of the
draft CC&R's which shall include the following:
a. Formation of a Homeowner's Association;
b. Continued architectural controls to ensure the architectural integrity of the
project;
c. Definition of common areas to be maintained and provision of maintenance for
these areas;
d. Provision of a funding mechanism to ensure maintenance and upkeep of
common areas;
e. Provision for the availability of interior garage spaces for the parking of two
vehicles at all times; and
f. Provision to prohibit the use of outside parking spaces for storage purposes,
including boats, trailers, and recreational vehicles.
5. Park Impact Fee: A park impact fee, based on a density range of six to thirteen units
per gross acre, is due upon development of the site. Credit shall be given for any
existing single-family residence to be demolished. 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. Demolition of Structures: Prior to recordation of the Parcel Map the applicant shall
obtain a building permit for the demolition of all non-conforming structures. A
demolition permit should not be issued until all other necessary development
applications are approved and have been issued for the project.
7. Photographic Survey: The applicant shall prepare a photographic survey for the
Campbell Historical Museum prior to the issuance of a demolition permit.
8. Common Lot: The final Parcel Map shall include all four outdoor parking spaces
entirely in the area of the common lot.
9. 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).
City Council Resolution
PLN2005-48 -- 68 Sunnyside Avenue
Approving a Tentative Parcel Map
Page 4
PUBLIC WORKS DEPARTMENT
10. 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 and pay the
current application processing fee.
11. Preliminary Title Report: Upon submittal of the parcel map, the applicant shall
provide a current Preliminary Title Report.
12. Public Service and Sidewalk Easement: Upon recordation of the parcel map, the
applicant shall grant a five (5) foot public service easement and sidewalk easement
on private property contiguous with the public right-of-way along Sunnyside Avenue.
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.
13. Monumentation for Parcel Map: Prior to recordation of the parcel map, the applicant
shall provide security for setting all monuments shown on the map.
14. 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.
15. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and
sewer cleanout(s) shall be relocated or installed on private property behind the
public right-of-way line.
16. 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.
17. Utilities: All on-site utilities shall be installed underground per Section 21.18.140 of
the Campbell Municipal Code for any new or remodeled buildings or additions.
Applicant shall comply with all plan submittals, permitting, and fee requirements of
the serving utility companies.
18. 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. The plan shall
clearly show the location and size of all existing utilities and the associated main
lines; indicate which utilities and services are to remain; which utilities and services
are to be abandoned, and where new utilities and services will be installed. Joint
trenches for new utilities shall be used whenever possible.
19. Pavement Restoration: Based on the utility coordination plan, the applicant shall
prepare a pavement restoration plan for approval by the City Engineer prior to any
City Council Resolution
PLN2005-48 -- 68 Sunnyside Avenue
Approving a Tentative Parcel Map
Page 5
utility installation or abandonment. Streets that have been reconstructed or overlaid
within the previous five years will require boring and jacking for all new utility
installations. Sunnyside Avenue was last overlayed in FY 97/98. The pavement
restoration plan shall indicate how the street pavement shall be restored following
the installation or abandonment of all utilities necessary for the project.
20. 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 and 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.
21. Storm Drain Area Fee: Prior to recordation of the parcel map, the applicant shall
pay the required Storm Drain Area fee of $2,318.00 per net acre which is $924.00.
22. 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.
Applicant to submit calculations to show that the impervious surface that will be
replaced or created by this development will not be over 10,000 square feet. If this
development will create or replace 10,000 square feet of impervious surface,
including roof areas, then this development must comply with requirements of the
C.3 provision of the City's NPDES Stormwater permit.
23. Demolition: Prior to recording of the parcel map the applicant shall obtain a
demolition permit and remove any nonconforming structures.
24. Street Improvements: Prior to recordation of the parcel map, the applicant shall
execute a street improvement agreement, cause plans for public street
improvements to be prepared by a registered civil engineer, pay various fees and
City Council Resolution
PLN2005-48 -- 68 Sunnyside Avenue
Approving a Tentative Parcel Map
Page 6
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 all existing driveway approaches and necessary sidewalk, curb and
gutter to accommodate the new improvements.
b. Installation of street trees and irrigation at 40 feet on center.
c. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway
approaches as necessary.
d. Construction of conforms to existing public and private improvements, as
necessary.
e. Installation of traffic control, stripes and signs as necessary.
PASSED AND ADOPTED this 20th day of September , 2005, by the following
roll call vote:
AYES: COUNCILMEMBERS: Burr, xernandez, Furtado, Watson, xennedy
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
APPROVE ~%~~
J e P. Kennedy, Mayor
ATTEST: '``
Anne Bybee, City Clerk
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RESOLUTION NO. 10573
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING A PLANNED DEVELOPMENT PERMIT
(PLN2005-49) TO ALLOW THE REMOVAL OF A HOME ON THE CITY'S
HISTORIC RESOURCES INVENTORY AND THE CONSTRUCTION OF
FOUR SMALL LOT SINGLE FAMILY RESIDENCES ON PROPERTY
OWNED BY MS. SAMEENA BAIG LOCATED AT 68 SUNNYSIDE
AVENUE IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT.
APPLICATION OF MR. JOSE A. MARTINEZ, ON BEHALF OF MR.
TONY BAIG. FILE NO. PLN2005-49.
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 PLN2005-49:
1. The density of the proposed project site is 8.5 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 detached, small-lot, single-family
homes. The site plan proposed two detached homes in the front part of the property
and two detached homes near the rear of the lot.
4. The proposed homes incorporate representative architectural features found on the
existing home to be removed, as well as the other older homes along Sunnyside
Avenue. Each home incorporates high pitched roofs, front porches, stylized porch
pillars, double hung windows, and horizontal siding.
5. The completed project would consist of four new homes with a building coverage of
40%, landscaping coverage of 38% and paving coverage of 22%.
6. The proposed project will have a floor area ratio of 0.65.
7. The proposed project provides a total of 12 parking spaces, or three spaces per unit.
The parking is adequate to meet the needs of the proposed development.
8. Private open space would be provided for each unit by a private yard area located
on the sides of the units.
9. The project will provide landscaping throughout the entire project including the
common parking and driveway areas, the sides of each unit, and in the front
landscape area along the street frontage.
City Council Resolution
PLN2005-49 - 68 Sunnyside Avenue
Approving a Planned Development Permit
Page 2
10. The project would not require the removal of any protected trees on site.
11. The proposed project has been reviewed by the Historic Preservation Board. The
Historic Preservation Board made a recommendation to the City Council that the
existing home be allowed to be demolished for the project.
12. A Mitigated Negative Declaration has been prepared for this project concluding that
there are no significant unmitigated impacts associated with this project, pursuant to
the California Environmental Quality Act (CEQA).
Based upon the foregoing findings of fact, the City Council further finds and concludes
that:
1. The proposed development will result in a more desirable environment and use of
the land than would be possible under any other zoning classification.
2. The development will be compatible with the General Plan of the City and will aid in
the harmonious development of the immediate area.
3. The 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 Councils approves a Planned
Development Permit (PLN2005-49) to allow the removal of a home on the City's Historic
Resources Inventory and the construction of four new small-lot single-family residences
on property owned by Ms. Sameena Baig located at 68 Sunnyside Avenue in a P-D
(Planned Development) Zoning District, 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
City Council Resolution
PLN2005-49 - 68 Sunnyside Avenue
Approving a Planned Development Permit
Page 3
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 Proiect: Approval is granted for a Planned Development Permit to allow
the removal of a home on the City's Historic Resources Inventory and the
construction of four new small-lot, single-family residences on property located at 68
Sunnyside 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 Jose Martinez and stamped as received by the
Planning Division on June 29, 2005.
b. Color and material boards submitted by Jose Martinez and stamped as
received by the Planning Division on April 25, 2005.
c. Tentative Parcel Map prepared by Alvarez & Associates and stamped as
received by the Planning Division on June 29, 2005.
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 and Irrigation Plan: The applicant shall submit a final 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 (VIIELS).
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
City Council Resolution
PLN2005-49 - 68 Sunnyside Avenue
Approving a Planned Development Permit
Page 4
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, based on a density range of six to thirteen units
per gross acre, is due upon development of the site. Credit shall be given for any
existing single-family residence to be demolished. 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. Covenants, Codes and Restrictions (CC&R's): Prior to recordation of the Parcel
Map, the applicant shall submit for review and approval by the City a copy of the
draft CC&R's which shall include the following:
a. Formation of a Homeowner's Association;
b. Continued architectural controls to ensure the architectural integrity of the
project;
c. Definition of common areas to be maintained and provision of maintenance for
these areas;
d. Provision of a funding mechanism to ensure maintenance and upkeep of
common areas;
e. Provision for the availability of interior garage spaces for the parking of two
vehicles at all times; and
f. Provision to prohibit the use of outside parking spaces for storage purposes,
including boats, trailers, and recreational vehicles.
8. Fences: Any new or existing fencing shall comply with Section 21.18.060 of the
Campbell Municipal Code. The design and materials of the proposed fencing for the
project shall be indicated on the building permit plans and shall be reviewed and
approved by the Community Development Director prior to the issuance of building
permits. Any existing fencing to remain shall be determined to be in good condition
by the Community Development Director or replaced at the expense of the applicant.
City Council Resolution
PLN2005-49 - 68 Sunnyside Avenue
Approving a Planned Development Permit
Page 5
9. Parking and Driveways:
a. All parking and driveway areas shall be developed in compliance with the
approved plans and Chapter 21.28 (Parking and Loading) of the Campbell
Municipal Code.
b. The applicant shall provide a decorative paving treatment within the driveway,
parking area, and walkways for the development. The design and materials shall
be indicated on the building permit plans and shall be reviewed and approved by
the Community Development Director prior to the issuance of building permits.
10. 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).
11. 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.
12.On-Site Liahting 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.
13. Utilities: All new on-site utilities shall be installed underground per section 21.18.140
(Undergrounding of Utilities) of the Campbell Municipal Code.
14. Roof Vents: The applicant shall coordinate mechanical and plumbing plans to
minimize the number of roof vents that are visible from the street frontage. The
applicant shall provide the location of such vents on the building plan elevations and
roof plans, to the satisfaction of the Community Development Director, prior to
issuance of a building permit.
15. Photographic Survey: The applicant shall prepare a photographic survey for the
Campbell Historical Museum prior to the issuance of a demolition permit.
City Council Resolution
PLN2005-49 - 68 Sunnyside Avenue
Approving a Planned Development Permit
Page 6
16. Demolition of Structures: Prior to recordation of the Parcel Map the applicant shall
obtain a building permit for the demolition of all non-conforming structures. A
demolition permit should not be issued until all other necessary development
applications are approved and have been issued for the project.
17. Construction Mitigation Measures: The following practices should be followed during
all phases of site preparation and construction activities:
a. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00
p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take
place on Sundays or national holidays unless an exception is granted by the
Building Official.
b. All construction equipment with internal combustion engines used on the project
site shall be properly muffled and maintained in good working condition.
c. Unnecessary idling of internal combustion engines shall be strictly prohibited.
d. All stationary noise-generating construction equipment, such as air compressors
and portable power generators, shall be located as far as possible from noise-
sensitive receptors such as existing residences and businesses.
e. Prior to the issuance of building permits, the project site shall be posted with the
name and contact number of the lead contractor in a location visible from the
public street so that the contractor can be made aware of noise complaints.
Building Division
18. Permits Required: A building permit application shall be required for each proposed
new residential structure. A building permit shall also be required for the demolition
of any existing structures on the property. The building permit shall include
Electrical/Plumbing/Mechanical fees when such work is part of the permit.
19. 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.
20. Construction Plans: The conditions of approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
21. Size of Plans: The size of construction plans submitted for building permits shall be
24 inches by 36 inches.
22. Soils Report: The applicant shall submit two copies of a current soils report
containing foundation and retaining wall design recommendations, prepared to the
City Council Resolution
PLN2005-49 - 68 Sunnyside Avenue
Approving a Planned Development Permit
Page 7
satisfaction of the Building Official, with the building permit application. This report
shall be prepared by a licensed engineer specializing in soils mechanics.
23. Site Plan: Application for building permit shall include a competent site plan that
identifies property lines and proposed structures with dimensions and elevations as
appropriate. The site plan shall also include site drainage details.
24. 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
25. Title 24 Energy Compliance: California Title 24 Energy Compliance forms CF-1 R
and MF-1 R shall be blue-lined on the construction plans. 8'/Z X 11 calculations shall
be submitted as well.
26. 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.
27. 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.
28. 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.
29. Construction Fencing: This project shall be properly enclosed with construction
fencing to prevent unauthorized access to the site during construction. The
construction site shall be secured to prevent vandalism and/or theft during hours
when no work is being done. All protected trees shall be fenced to prevent damage
to root systems.
City Council Resolution
PLN2005-49 - 68 Sunnyside Avenue
Approving a Planned Development Permit
Page 8
30. Archaeological & Paleontological Resources: If archaeological or paleontological
resources are encountered during excavation or construction, construction
personnel shall be instructed to immediately suspend all activity in the immediate
vicinity of the suspected resources and the City and a licensed archeologist or
paleontologist shall be contacted to evaluate the situation. A licensed archeologist
or paleontologist shall be retained to inspect the discovery and make any necessary
recommendations to evaluate the find under current CEQA guidelines prior to the
submittal of a resource mitigation plan and monitoring program to the City for review
and approval prior to the continuation of any on-site construction activity.
31. Human Burial or Skeletal Element Discovery: In the event a human burial or skeletal
element is identified during excavation or construction, work in that location shall
stop immediately until the find can be properly treated. The City and the Santa Clara
County Coroner's office shall be notified. If deemed prehistoric, the Coroner's office
would notify the Native American Heritage Commission who would identify a "Most
Likely Descendant (MLD)." The archeological consultant and MLD, in conjunction
with the project sponsor, shall formulate an appropriate treatment plan for the find,
which might include, but not be limited to, respectful scientific recording and
removal, being left in place, removal and reburial on site, or elsewhere. Associated
grave goods are to be treated in the same manner.
32. Short-Term Air Quality Mitigation Measures: The following practices should be
followed during all phases of site preparation and construction activities:
a. Use dust-proof chutes for loading construction debris onto trucks.
b. Water or cover stockpiles of debris, soil, and other materials that can be blown
by the wind.
Cover all trucks hauling soil, sand, and other loose materials or require all
trucks to maintain at least two feet of freeboard.
d. Sweep daily (with water sweepers) all paved access roads, parking areas, and
staging areas at the construction site.
e. Sweep streets daily (with water sweepers) if visible soil material is carried onto
adjacent public streets, as directed by the City Engineer.
f. Enclose, cover, water twice daily or, or apply (non-toxic) soil stabilizers to
exposed stockpiles (dirt, sand, etc.).
g. Install erosion control measures to prevent runoff from the project site.
33. Approvals Required: The project requires the following agency approval prior to
issuance of the building permit:
a. West Valley Sanitation District (378-2407)
b. Santa Clara County Fire Department (378-4010)
City Council Resolution
PLN2005-49 - 68 Sunnyside Avenue
Approving a Planned Development Permit
Page 9
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.
FIRE DEPARTMENT
34. 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.
35. 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.
36. Fire Apparatus (Engine) Access Roads Required: Provide access roadways with a
paved all weather surface, a minimum unobstructed width of 20 feet, vertical
clearance of 13 feet six inches. Installations shall conform to Fire Department
Standard Details and Specifications sheet A-1.
37. Fire Lane Marking Required: Provide marking for all roadways within the project.
Markings shall be per Fire Department specifications. Installations shall also conform
to Local Government Standards and Fire Department Standard Details and
Specifications Sheet A-6.
38. Parking Along Roadways: The required width of fire access roadways shall not be
obstructed in any manner and parking shall not be allowed along roadways les than
28 feet in width. Parking may be permitted alone one side of roadways 28-35 feet in
width. For roadways equal to or greater than 36 feet, parking will be allowed on both
sides of the roadway. Roadway widths shall be measured curb to curb, with parking
space based on an eight-foot width.
39. Timing of Required Roadway Installations: Required access roads, up through first
lift of asphalt, shall be installed and accepted by the Fire Department prior to the
start of construction. Bulk combustible materials shall not be delivered to the site
City Council Resolution
PLN2005-49 - 68 Sunnyside Avenue
Approving a Planned Development Permit
Page 10
until installation so complete. During construction, emergency access roads shall be
maintained clear and unimpeded. Building permit issuance may be withheld until
such installations are completed.
40. 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 backgrounds.
PUBLIC WORKS DEPARTMENT
41. 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 and pay the
current application processing fee.
42. Preliminary Title Report: Upon submittal of the parcel map, the applicant shall
provide a current Preliminary Title Report.
43. Public Service and Sidewalk Easement: Upon recordation of the parcel map, the
applicant shall grant a five (5) foot public service easement and sidewalk easement
on private property contiguous with the public right-of-way along Sunnyside Avenue.
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.
44. Monumentation for Parcel Map: Prior to recordation of the parcel map, the applicant
shall provide security for setting all monuments shown on the map.
45.OccugancLr: Prior to allowing occupancy for any and/or all buildings, the applicant
shall have the required street improvements installed and accepted by the City.\
46. Water Meter(s) and Sewer CleanoutL)• Existing and proposed water meter(s) and
sewer cleanout(s) shall be relocated or installed on private property behind the
public right-of--way line.
47. 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.
48. Utilities: All on-site utilities shall be installed underground per Section 21.18.140 of
the Campbell Municipal Code for any new or remodeled buildings or additions.
Applicant shall comply with all plan submittals, permitting, and fee requirements of
the serving utility companies.
City Council Resolution
PLN2005-49 - 68 Sunnyside Avenue
Approving a Planned Development Permit
Page 11
49. 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. The plan shall
clearly show the location and size of all existing utilities and the associated main
lines; indicate which utilities and services are to remain; which utilities and services
are to be abandoned, and where new utilities and services will be installed. Joint
trenches for new utilities shall be used whenever possible.
50. Pavement Restoration: Based on the utility coordination plan, the applicant shall
prepare a pavement restoration plan for approval by the City Engineer prior to any
utility installation or abandonment. Streets that have been reconstructed or overlaid
within the previous five years will require boring and jacking for all new utility
installations. Sunnyside Avenue was last overlayed in FY 97/98. The pavement
restoration plan shall indicate how the street pavement shall be restored following
the installation or abandonment of all utilities necessary for the project.
51. 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 and 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.
52. Storm Drain Area Fee: Prior to recordation of the parcel map, the applicant shall
pay the required Storm Drain Area fee of $2,318.00 per net acre which is $924.00.
53. 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.
City Council Resolution
PLN2005-49 - 68 Sunnyside Avenue
Approving a Planned Development Permit
Page 12
Applicant to submit calculations to show that the impervious surface that will be
replaced or created by this development will not be over 10,000 square feet. If this
development will create or replace 10,000 square feet of impervious surface,
including roof areas, then this development must comply with requirements of the
C.3 provision of the City's NPDES Stormwater permit.
54. Demolition: Prior to recording of the parcel map the applicant shall obtain a
demolition permit and remove any nonconforming structures.
55. Street Improvements: Prior to recordation of the parcel map, the applicant shall
execute a street improvement agreement, cause plans for public street
improvements to be prepared by a registered civil engineer, pay various fees and
deposits, post security and provide insurance necessary to obtain an encroachment
permit for construction of the standard public street improvements, as required by
the City Engineer. The plans shall include the following:
a. Removal of all existing driveway approaches and necessary sidewalk, curb and
gutter to accommodate the new improvements.
b. Installation of street trees and irrigation at 40 feet on center.
c. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway
approaches as necessary.
d. Construction of conforms to existing public and private improvements, as
necessary.
e. Installation of traffic control, stripes and signs as necessary.
PASSED AND ADOPTED this loth day of september , 2005, by the following
roll call vote:
AYES: COUNCILMEMBERS: Burr, xernandez, Furtadq, L~atson, Kennedy
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
ATTEST
Anne Bybee, City Clerk
APPROV •~i~'~~
ane P. Kennedy, Mayor
A•"D Gt'firr+,ri c'":.>.. .,e~ 7t~RH Q~1i^yltyl'L
AFT~^SwT: A",M~ "=~r,. Ct?Y t~RIE, C~~
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. ~4'D ~di~, CZty ~ Item: l~-
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0 o Council Date: September 20, 2005
~~~ ~~~`~` Report
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TITLE Public Hearing. to consider the application of Mr. Jose A. Martinez, on
behalf of Mr. Tony Baig, for a Tentative Parcel Map (PLN2005-48) to
allow the creation of four lots and one common lot and a Planned
Development Permit (PLN2005-49) to allow the removal of a home on
the City's Historic Resources Inventory and the construction of four
new small-lot, single-family residences on property owned by Ms.
Sameena Baig located at 68 Sunnyside Avenue in a P-D (Planned
Development) Zoning District.
RECOMMENDATION
The Planning Commission recommends that the City Council take the following actions:
1. Adopt a Resolution, incorporating the attached findings, adopting a Mitigated
Negative Declaration for the Sunnyside Avenue Small-Lot Homes Project.
2. Adopt a Resolution, incorporating the attached findings, approving a Tentative
Parcel Map to allow the creation of four lots and one common lot, subject to the
attached conditions of approval.
3. Adopt a Resolution, incorporating the attached findings, approving a Planned
Development Permit to allow the removal of a home on the City's Historic Resources
Inventory and the construction of four new small-lot single-family residences, subject
to the attached conditions of approval.
ENVIRONMENTAL DETERMINATION
In accordance with the California Environmental Quality Act (CEQA), the City conducted
an Initial Study for this project. The results of the study determined that no significant
impacts would be created as a result of this project. Based upon the information
provided in the Initial Study, the Planning Commission recommends that the City
Council adopt the Mitigated Negative Declaration prepared for this project. The Initial
Study and Mitigated Negative Declaration are attached to this report as Attachment #5.
The mitigation measures identified in the Mitigated Negative Declaration are included as
conditions of approval for the project. The 20-day public review period was between
July 27, 2005 and August 15, 2005. No comments were received during the pubic
review period.
City Council Report
PLN2005-48/49 - 68 Sunnyside Avenue
September 20, 2005
Page 2 of 5
BACKGROUND
The Planning Commission, at its meeting of August 23, 2005, forwarded a
recommendation to the City Council by a 5-0 vote (two commissioners were absent) to
approve the proposed project. One person from the public spoke at the public hearing
and expressed his support of the project. As an adjacent property owner, he asked the
Planning Commission to consider requiring an increase to the side yard setback along
his property line to 17 feet to mimic the setback he has from his home to the side
property line.
DISCUSSION
Applicant's Proposal: The applicant is requesting approval of a Tentative Parcel Map to
allow the creation of four lots and one common lot and a Planned Development Permit
to allow the removal of a home on the City's Historic Resources Inventory and the
construction of four new small-lot, single-family residences on property located at 68
Sunnyside Avenue.
Property Description: The project site is located on the south side of Sunnyside Avenue,
between South Winchester Boulevard and Industrial Way. The project site is comprised
of 17,400 square feet and is currently developed with asingle-family home. Land uses
surrounding the project site include residential uses on all sides
General Plan Designation: 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 8.5 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 Policy
and Strategies:
Strateay LUT-3.1 c: High Density Residential: Allow higher residential
densities in the NOCA, SOCA and areas near the Light Rail Stations as an
incentive to redevelop older, less intensive uses.
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.
City Council Report
PLN2005-48/49 - 68 Sunnyside Avenue
September 20, 2005
Page3of5
Strategy LUT-17.1 b: Landscaping: Ensure that new developments provide
new tree plantings, shrubs, greenery and other landscaping materials, and
preserve existing trees and shrubs.
Policy LUT-20.1: Compatibility: Ensure that new residential developments
are designed to blend with existing building forms and be predominately
detached single-family units, as appropriate.
Zoning Designation: The current zoning designation for the project site is P-D (Planned
Development). The P-D Zoning District is intended to provide a degree of flexibility
which is not available in other zones to allow developments that are more consistent
with site characteristics while. creating an optimum quantity and use of open space and
good site design. The proposed project will be consistent with the P-D Zoning District
with approval of a Planned Development Permit.
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 guest parking spaces, and
landscaping.
Site Layout: The site plan proposes the construction of four detached, small-lot, single-
family homes. The site plan proposed two detached homes in the front part of the
property and two detached homes near the rear of the lot. All the homes would take
vehicular access from Sunnyside Avenue via a common driveway.
The front units have wrap-around front porches, front entrances that face Sunnyside
Avenue, and are setback from the front property line 20 feet. The front units have
varied side yard setbacks between eight and 12 feet, with the minimum being eight feet
at the front wrap around porch. The rear units also have front porches and entrances
that are visible from the street and a minimum side yard setback of 15 feet.
Parking: The proposed project provides a total of 12 parking spaces, or three spaces
per unit. Each unit would have atwo-car garage and four uncovered parking spaces
would be provided for guest parking. The Campbell Parking and Loading Ordinance
requires three and one half parking spaces per unit, one of which must be covered.
City Council Report
PLN2005-48/49 - 68 Sunnyside Avenue
September 20, 2005
Page 4 of 5
Therefore, the proposed four-unit development requires 14 off-street parking spaces,
four of which must be covered.
Similar small-lot single-family home projects in the vicinity include Summerhill, which
provides 2.4 parking spaces per unit; Orchard Grove, which provides 2.8 parking
spaces per unit; and an eight-unit development on the corner of Kennedy and Industrial
Avenues, which provides 3 spaces per unit. The proposed project site is also located
within'/< mile of the Winchester Boulevard Light Rail Station.
Historic Preservation Board: The subject property is currently developed with a home
that is included on the City's 1984 Historic Resources Inventory. The home is estimated
to have been built in or around 1904 and is known as the C.W. and Julia Cobb House.
The original owners of the structure were C.W. and Julia M. Cobb, who purchased the
land in 1904 from Mrs. Missouri Ann Kennedy, of the Campbell Fruit Growers Union.
Mr. Cobb delivered milk locally. Marc Antonio and Josephine Scelline bought the house
in August 1931 and moved in 1934. The house was then rented until its purchase in
1939 by L.R. Austin.
The subject home has been approved to be demolished twice by the Historic
Preservation Board since 1985. The original request in 1985 was approved with the
condition that the applicant provide photographs of the residence to the City before
demolition. The second request was in 1997 and the applicant was directed to prepare
a Historic Resource Assessment (HRA) for the home to provide the Board with
adequate information on the structure and property to make a decision. The applicant
prepared the HRA and presented it to the Board and the request to demolish the home
was denied. The third request was in 1998 and the request was approved with the
condition that the applicant prepare a Historic American Building Survey (HABS) prior to
obtaining a demolition permit. The HAGS has not been prepared to date.
The current proposal was reviewed by the Historic Preservation Board on June 2, 2005
and June 27, 2005. The Historic Preservation Board made a recommendation to the
City Council that the existing home be allowed to be demolished with the condition that
the applicant prepare a photographic survey for the Campbell Historical Museum prior
to the issuance of a demolition permit. Additionally, a demolition permit should not be
issued until all other necessary development applications are approved and have been
City Council Report
PLN2005-48/49 - 68 Sunnyside Avenue
September 20, 2005
Page 5 of 5
issued for the project. These recommendations have been included as conditions of
approval for the project.
FISCAL IMPACTS
None
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.
Prepared by: w ~
Stephani Willsey, Planner I
Reviewed by: G'v~v>--
on Fierro, Community Development Director
C ~
Approved by:
aniel Rich, City Manager
Attachments:
1. City Council Resolution (Mitigated Negative Declaration)
2. City Council Resolution (Tentative Parcel Map)
3. City Council Resolution (Planned Development Permit)
4. Planning Commission Resolutions and Meeting Minutes
5. Planning Commission Report Including Attachments
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CITY of CAMPBELL
August 10, 2005 Community Development Department
Jose A. Martinez
4950 Cherry Avenue, #180
San Jose, CA 95118
Re: PLN2005-48/49 - 68 Sunnyside Ave -Tentative Parcel Map/Planned Development Permit
Dear Applicant:
Please be advised that at its meeting of August 23, 2005, the Planning Commission took the
following actions:
1. Adopted Resolution No. 3671 recommending the adoption of a Mitigated Negative
Declaration;
2. Adopted Resolution No. 3672 recommending approval of a Tentative Parcel Map (PLN2005-
48) to allow the creation of four residential lots and one common lot on the above referenced
property; and
3. Adopted Resolution No. 3673 recommending approval of a Planned Development Permit
(PLN2005-49) to allow the removal of a home on the City's Historic Resources Inventory
and the construction of four new small lot single family homes.
This project will be reviewed by Council for approval at its meeting of September 20, 2005. If
you have any questions, please do not hesitate to contact me at (408) 866-2140.
Sincerely,
~~ ~~ ~
Stephanie Willsey
Planner I
Cc: Tony Baig (Property Owner)
1249 Remming Avenue
San Jose, CA 95127
Jack Witthaus
92 Sunnyside Avenue
Campbell, CA 95008
Ed Arango, Public Works
Chris Veargason, Fire
Frank Mills, Building
70 North First Street Campbell, California 95008-1 4 3 6 rep 408.866.2140 F~a 408.866.8381 TDD 408.866.2790
RESOLUTION NO. 3671
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL RECOMMENDING THE ADOPTION OF A
MITIGATED NEGATIVE DECLARATION FOR THE SUNNYSIDE
AVENUE SMALL-LOT HOMES PROJECT LOCATED AT 68
SUNNYSIDE AVENUE.
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the Planning
Commission did determine that the adoption of a Mitigated Negative Declaration is
warranted.
The Planning Commission finds as follows with regard to the Mitigated Negative
Declaration:
1. An Initial Study has been prepared for the Sunnyside Avenue Small-Lot Homes
Project, which provides documentation for the factual basis for concluding that a
Mitigated Negative Declaration may be adopted since no substantial evidence
exists, in light of the whole record, that the project may have a significant effect on
the environment. The project consists of the removal of a home on the City's 1984
Historic Resources Inventory, the creation of four lots and one common lot, and the
construction of four new small-lot single family homes.
2. The Mitigated Negative Declaration describes the reasons the Sunnyside Avenue
Small-Lot Homes Project will not have a significant effect on the environment and
therefore does not require the preparation of an Environmental Impact Report,
pursuant to the California Environmental Quality Act (CEQA) Guidelines.
3. There are no responsible agencies or trustee agencies responsible for resources
affected by the Sunnyside Avenue Small-Lot Homes Project.
4. The City of Campbell provided a Notice of Intent to adopt a Mitigated Negative
Declaration to the public via the Campbell Express and the County Clerk in
compliance with all requirements of the CEQA Guidelines.
5. The City of Campbell provided a 20-day public review period of the draft Mitigated
Negative Declaration pursuant to the CEQA Guidelines. The 20-day public review
period was between July 27, 2005 and August 15, 2005. No comments were
received during this comment period.
6. The mitigation measures identified in the Mitigated Negative Declaration are
included as conditions of approval of the Planned Development Permit.
7. The Mitigated Negative Declaration reflects the independent judgment and analysis
of the Planning Commission.
Planning Commission Resolution No. 3671
Recommending the Adoption of a Mitigated Negative Declaration-68 Sunnyside Avenue
Page 2
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. 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.
2. The Custodian of the Record for the Mitigated Negative Declaration and Initial Study
is the City Clerk of the City of Campbell, located at 70 North First Street, Campbell,
California.
PASSED AND ADOPTED this 23`~ day of August, 2005, by the following roll call vote:
AYES: Commissioners: Alderete, Doorley, Francois, Gibbons and Rocha
NOES: Commissioners: None
ABSENT: Commissioners: Ebner and Roseberry
ABSTAIN: Commissioners: None000000
APPROVED:
lizab Gibbons, Chair
ATTEST:
Sharon Fierro, Secretary
RESOLUTION N0.3672
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL RECOMMMENDING APPROVAL OF A
TENTATIVE PARCEL MAP (PLN2005-48) TO ALLOW THE CREATION
OF FOUR RESIDENTIAL LOTS AND ONE COMMON LOT ON
PROPERTY OWNED BY MS. SAMEENA BAIG LOCATED AT 68
SUNNYSIDE AVENUE IN A P-D (PLANNED DEVELOPMENT) ZONING
DISTRICT. APPLICATION OF MR. JOSE A. MARTINEZ, ON BEHALF OF
MR. TONY BAIG. FILE NO.: PLN2005-48.
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 PLN2005-48:
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 density of 8.5 units per gross acre is within the allowed density range
of 6-13 units per gross acre permitted in the Low-Medium Density Residential
General Plan land use designation.
3. The proposed Tentative Parcel Map is consistent with the Planned Development
Zoning Ordinance.
4. The proposed project includes provisions for access to natural air and light for all of
the units.
5. The provisions of the Covenants, Conditions and Restrictions are necessary to
ensure the long-term property maintenance and continued architectural integrity of
the project.
6. 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.
7. A Mitigated Negative Declaration has been prepared for this project concluding that
there are no significant unmitigated impacts associated with this project, pursuant to
the California Environmental Quality Act (CEQA).
Based upon the foregoing findings of fact, the 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.
Planning Commission F~.,~olution No. 3672
PLN2005-48 -- 68 Sunnyside Avenue
Recommending Approval of a Tentative Parcel Map
Page 2
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.
5. There is a reasonable relationship and a rough proportionality between the
conditions of approval and the impacts of the project.
6. 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 (PLN2005-48) to allow the creation of four
residential lots and one common lot on property owned by Ms. Sameena Baig located at
68 Sunnyside Avenue in a P-D (Planned Development) Zoning District.
Where approval by the Director of Community Development, City Engineer, Public
Works Director, City Attorney or Fire Department is required, that review shall be for
compliance with all applicable conditions of approval, adopted policies and guidelines,
ordinances, laws and regulations and accepted engineering practices for the item under
review. Additionally, the applicant is hereby notified that he/she is required to comply
with all applicable Codes or Ordinances of the City of Campbell and the State of
California that pertain to this development and are not herein specified.
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
1. Approved Project: Approval is granted for a Tentative Parcel Map to create four
residential lots and one common lot at 68 Sunnyside Avenue. The Parcel Map shall
substantially conform to the Tentative Parcel Map prepared by Alvarez & Associates
and stamped as received by the Planning Division on June 29, 2005, 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.
Planning Commission F~„solution No. 3672
PLN2005-48 -- 68 Sunnyside Avenue
Recommending Approval of a Tentative Parcel Map
Page 3
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&R's~ Prior to recordation of the Parcel
Map, the applicant shall submit for review and approval by the City a copy of the
draft CC&R's which shall include the following:
a. Formation of a Homeowner's Association;
b. Continued architectural controls to ensure the architectural integrity of the
project;
c. Definition of common areas to be maintained and provision of maintenance for
these areas;
d. Provision of a funding mechanism to ensure maintenance and upkeep of
common areas;
e. Provision for the availability of interior garage spaces for the parking of two
vehicles at all times; and
f. Provision to prohibit the use of outside parking spaces for storage purposes,
including boats, trailers, and recreational vehicles.
5. Park Impact Fee: A park impact fee, based on a density range of six to thirteen units
per gross acre, is due upon development of the site. Credit shall be given for any
existing single-family residence to be demolished. 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. Demolition of Structures: Prior to recordation of the Parcel Map the applicant shall
obtain a building permit for the demolition of all non-conforming structures. A
demolition permit should not be issued until all other necessary development
applications are approved and have been issued for the project.
7. Photographic Survey: The applicant shall prepare a photographic survey for the
Campbell Historical Museum prior to the issuance of a demolition permit.
8. Common Lot: The final Parcel Map shall include all four outdoor parking spaces
entirely in the area of the common lot.
9. 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).
Planning Commission ft„~olution No. 3672
PLN2005-48 -- 68 Sunnyside Avenue
Recommending Approval of a Tentative Parcel Map
Page 4
PUBLIC WORKS DEPARTMENT
10. 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 and pay the
current application processing fee.
11. Preliminary Title Report: Upon submittal of the parcel map, the applicant shall
provide a current Preliminary Title Report.
12. Public Service and Sidewalk Easement: Upon recordation of the parcel map, the
applicant shall grant a five (5) foot public service easement and sidewalk easement
on private property contiguous with the public right-of-way along Sunnyside Avenue.
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.
13. Monumentation for Parcel Map: Prior to recordation of the parcel map, the applicant
shall provide security for setting all monuments shown on the map.
14. 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.
15. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and
sewer cleanout(s) shall be relocated or installed on private property behind the
public right-of-way line.
16. 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.
17. Utilities: All on-site utilities shall be installed underground per Section 21.18.140 of
the Campbell Municipal Code for any new or remodeled buildings or additions.
Applicant shall comply with all plan submittals, permitting, and fee requirements of
the serving utility companies.
18. 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. The plan shall
clearly show the location and size of all existing utilities and the associated main
lines; indicate which utilities and services are to remain; which utilities and services
are to be abandoned, and where new utilities and services will be installed. Joint
trenches for new utilities shall be used whenever possible.
19. Pavement Restoration: Based on the utility coordination plan, the applicant shall
prepare a pavement restoration plan for approval by the City Engineer prior to any
Planning Commission Fc~~olution No. 3672
PLN2005-48 -- 68 Sunnyside Avenue
Recommending Approval of a Tentative Parcel Map
Page 5
utility installation or abandonment. Streets that have been reconstructed or overlaid
within the previous five years will require boring and jacking for all new utility
installations. Sunnyside Avenue was last overlayed in FY 97/98. The pavement
restoration plan shall indicate how the street pavement shall be restored following
the installation or abandonment of all utilities necessary for the project.
20. 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 and 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.
21. Storm Drain Area Fee: Prior to recordation of the parcel map, the applicant shall
pay the required Storm Drain Area fee of $2,318.00 per net acre which is $924.00.
22. 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.
Applicant to submit calculations to show that the impervious surface that will be
replaced or created by this development will not be over 10,000 square feet. If this
development will create or replace 10,000 square feet of impervious surface,
including roof areas, then this development must comply with requirements of the
C.3 provision of the City's NPDES Stormwater permit.
23. Demolition: Prior to recording of the parcel map the applicant shall obtain a
demolition permit and remove any nonconforming structures.
24. Street Improvements: Prior to recordation of the parcel map, the applicant shall
execute a street improvement agreement, cause plans for public street
improvements to be prepared by a registered civil engineer, pay various fees and
Planning Commission Resolution No. 3672
PLN2005-48 -- 68 Sunnyside Avenue
Recommending Approval of a Tentative Parcel Map
Page 6
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 all existing driveway approaches and necessary sidewalk, curb and
gutter to accommodate the new improvements.
b. Installation of street trees and irrigation at 40 feet on center.
c. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway
approaches as necessary.
d. Construction of conforms to existing public and private improvements, as
necessary.
e. Installation of traffic control, stripes and signs as necessary.
PASSED AND ADOPTED this 23`~ day of August, 2005, by the following roll call vote:
AYES: Commissioners: Alderete, Doorley, Francois, Gibbons and Rocha
NOES: Commissioners: None
ABSENT: Commissioners: Ebner and Roseberry
ABSTAIN: Commissioners: None
APPROVED: •S
iza th Gibbons, Chair
ATTEST: ~~
Sharon Fierro, Secretary
RESOLUTION NO. 3673
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL RECOMMENDING APPROVAL OF A PLANNED
DEVELOPMENT PERMIT (PLN2005-49) TO ALLOW THE REMOVAL
OF A HOME ON THE CITY'S HISTORIC RESOURCES INVENTORY
AND THE CONSTRUCTION OF FOUR SMALL LOT SINGLE FAMILY
RESIDENCES ON PROPERTY OWNED BY MS. SAMEENA BAIG
LOCATED AT 68 SUNNYSIDE AVENUE IN A P-D (PLANNED
DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. JOSE A.
MARTINEZ, ON BEHALF OF MR. TONY BAIG. FILE NO. PLN2005-49.
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 PLN2005-49:
1. The density of the proposed project site is 8.5 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 detached, small-lot, single-family
homes. The site plan proposed two detached homes in the front part of the property
and two detached homes near the rear of the lot.
4. The proposed homes incorporate representative architectural features found on the
existing home to be removed, as well as the other older homes along Sunnyside
Avenue. Each home incorporates high pitched roofs, front porches, stylized porch
pillars, double hung windows, and horizontal siding.
5. The completed project would consist of four new homes with a building coverage of
40%, landscaping coverage of 38% and paving coverage of 22%.
6. The proposed project will have a floor area ratio of 0.65.
7. The proposed project provides a total of 12 parking spaces, or three spaces per unit.
The parking is adequate to meet the needs of the proposed development.
8. Private open space would be provided for each unit by a private yard area located
on the sides of the units.
9. The project will provide landscaping throughout the entire project including the
common parking and driveway areas, the sides of each unit, and in the front
landscape area along the street frontage.
Planning Commission Fc_~olution No. 3673
PLN2005-49 - 68 Sunnyside Avenue
Recommending Approval of a Planned Development Permit
Page 2
10. The project would not require the removal of any protected trees on site.
11. The proposed project has been reviewed by the Historic Preservation Board. The
Historic Preservation Board made a recommendation to the City Council that the
existing home be allowed to be demolished for the project.
12. A Mitigated Negative Declaration has been prepared for this project concluding that
there are no significant unmitigated impacts associated with this project, pursuant to
the California Environmental Quality Act (CEQA).
Based upon the foregoing findings of fact, the 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 (PLN2005-49) to allow the removal of a
home on the City's Historic Resources Inventory and the construction of four new small-
lot single-family residences on property owned by Ms. Sameena Baig located at 68
Sunnyside Avenue in a P-D (Planned Development) Zoning District, subject to the
following conditions:
Planning Commission f,_~olution No. 3673
PLN2005-49 - 68 Sunnyside Avenue
Recommending Approval of a Planned Development Permit
Page 3
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 Proiect: Approval is granted for a Planned Development Permit to allow
the removal of a home on the City's Historic Resources Inventory and the
construction of four new small-lot, single-family residences on property located at 68
Sunnyside 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 Jose Martinez and stamped as received by the
Planning Division on June 29, 2005.
b. Color and material boards submitted by Jose Martinez and stamped as
received by the Planning Division on April 25, 2005.
c. Tentative Parcel Map prepared by Alvarez & Associates and stamped as
received by the Planning Division on June 29, 2005.
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.
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 and Irrigation Plan: The applicant shall submit a final 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
Planning Commission f,_~olution No. 3673
PLN2005-49 - 68 Sunnyside Avenue
Recommending Approval of a Planned Development Permit
Page 4
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. Ali 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, based on a density range of six to thirteen units
per gross acre, is due upon development of the site. Credit shall be given for any
existing single-family residence to be demolished. 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. Covenants, Codes and Restrictions (CC&R's): Prior to recordation of the Parcel
Map, the applicant shall submit for review and approval by the City a copy of the
draft CC&R's which shall include the following:
a. Formation of a Homeowner's Association;
b. Continued architectural controls to ensure the architectural integrity of the
project;
c. Definition of common areas to be maintained and provision of maintenance for
these areas;
d. Provision of a funding mechanism to ensure maintenance and upkeep of
common areas;
e. Provision for the availability of interior garage spaces for the parking of two
vehicles at all times; and
f. Provision to prohibit the use of outside parking spaces for storage purposes,
including boats, trailers, and recreational vehicles.
8. Fences: Any new or existing fencing shall comply with Section 21.18.060 of the
Campbell Municipal Code. The design and materials of the proposed fencing for the
project shall be indicated on the building permit plans and shall be reviewed and
approved by the Community Development Director prior to the issuance of building
permits. Any existing fencing to remain shall be determined to be in good condition
by the Community Development Director or replaced at the expense of the applicant.
Planning Commission r~,,solution No. 3673
PLN2005-49 - 68 Sunnyside Avenue
Recommending Approval of a Planned Development Permit
Page 5
9. Parking and Driveways:
a. All parking and driveway areas shall be developed in compliance with the
approved plans and Chapter 21.28 (Parking and Loading) of the Campbell
Municipal Code.
b. The applicant shall provide a decorative paving treatment within the driveway,
parking area, and walkways for the development. The design and materials shall
be indicated on the building permit plans and shall be reviewed and approved by
the Community Development Director prior to the issuance of building permits.
10. 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).
11. 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.
12. 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.
13. Utilities: All new on-site utilities shall be installed underground per section 21.18.140
(Undergrounding of Utilities) of the Campbell Municipal Code.
14. Roof Vents: The applicant shall coordinate mechanical and plumbing plans to
minimize the number of roof vents that are visible from the street frontage. The
applicant shall provide the location of such vents on the building plan elevations and
roof plans, to the satisfaction of the Community Development Director, prior to
issuance of a building permit.
15. Photographic Survey: The applicant shall prepare a photographic survey for the
Campbell Historical Museum prior to the issuance of a demolition permit.
Planning Commission Fc..~olution No. 3673
PLN2005-49 - 68 Sunnyside Avenue
Recommending Approval of a Planned Development Permit
Page 6
16. Demolition of Structures: Prior to recordation of the Parcel Map the applicant shall
obtain a building permit for the demolition of all non-conforming structures. A
demolition permit should not be issued until all other necessary development
applications are approved and have been issued for the project.
1i. Construction Mitigation Measures: The following practices should be followed during
all phases of site preparation and construction activities:
a. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00
p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take
place on Sundays or national holidays unless an exception is granted by the
Building Official.
b. All construction equipment with internal combustion engines used on the project
site shall be properly muffled and maintained in good working condition.
c. Unnecessary idling of internal combustion engines shall be strictly prohibited.
d. All stationary noise-generating construction equipment, such as air compressors
and portable power generators, shall be located as far as possible from noise-
sensitive receptors such as existing residences and businesses.
e. Prior to the issuance of building permits, the project site shall be posted with the
name and contact number of the lead contractor in a location visible from the
public street so that the contractor can be made aware of noise complaints.
Building Division
18. Permits Required: A building permit application shall be required for each proposed
new residential structure. A building permit shall also be required for the demolition
of any existing structures on the property. The building permit shall include
Electrical/Plumbing/Mechanical fees when such work is part of the permit.
19. 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.
20. Construction Plans: The conditions of approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
21. Size of Plans: The size of construction plans submitted for building permits shall be
24 inches by 36 inches.
22. Soils Report: The applicant shall submit two copies of a current soils report
containing foundation and retaining wall design recommendations, prepared to the
Planning Commission f~~~olution No. 3673
PLN2005-49 - 68 Sunnyside Avenue
Recommending Approval of a Planned Development Permit
Page 7
satisfaction of the Building Official, with the building permit application. This report
shall be prepared by a licensed engineer specializing in soils mechanics.
23. Site Plan: Application for building permit shall include a competent site plan that
identifies property lines and proposed structures with dimensions and elevations as
appropriate. The site plan shall also include site drainage details.
24. 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
25. Title 24 Energy Compliance: California Title 24 Energy Compliance forms CF-1 R
and MF-1 R shall be blue-lined on the construction plans. 8'/2 X 11 calculations shall
be submitted as well.
26. 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.
27. 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.
28. 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.
29. Construction Fencing: This project shall be properly enclosed with construction
fencing to prevent unauthorized access to the site during construction. The
construction site shall be secured to prevent vandalism and/or theft during hours
when no work is being done. All protected trees shall be fenced to prevent damage
to root systems.
Planning Commission Fc~~olution No. 3673
PLN2005-49 - 68 Sunnyside Avenue
Recommending Approval of a Planned Development Permit
Page 8
30. Archaeological & Paleontological Resources: If archaeological or paleontological
resources are encountered during excavation or construction, construction
personnel shall be instructed to immediately suspend all activity in the immediate
vicinity of the suspected resources and the City and a licensed archeologist or
paleontologist shall be contacted to evaluate the situation. A licensed archeologist
or paleontologist shall be retained to inspect the discovery and make any necessary
recommendations to evaluate the find under current CEQA guidelines prior to the
submittal of a resource mitigation plan and monitoring program to the City for review
and approval prior to the continuation of any on-site construction activity.
31. Human Burial or Skeletal Element Discovery: In the event a human burial or skeletal
element is identified during excavation or construction, work in that location shall
stop immediately until the find can be properly treated. The City and the Santa Clara
County Coroner's office shall be notified. If deemed prehistoric, the Coroner's office
would notify the Native American Heritage Commission who would identify a "Most
Likely Descendant (MLD)." The archeological consultant and MLD, in conjunction
with the project sponsor, shall formulate an appropriate treatment plan for the find,
which might include, but not be limited to, respectful scientific recording and
removal, being left in place, removal and reburial on site, or elsewhere. Associated
grave goods are to be treated in the same manner.
32. Short-Term Air Quality Mitigation Measures: The following practices should be
followed during all phases of site preparation and construction activities:
a. Use dust-proof chutes for loading construction debris onto trucks.
b. Water or cover stockpiles of debris, soil, and other materials that can be blown
by the wind.
c. Cover all trucks hauling soil, sand, and other loose materials or require all
trucks to maintain at least two feet of freeboard.
d. Sweep daily (with water sweepers) all paved access roads, parking areas, and
staging areas at the construction site.
e. Sweep streets daily (with water sweepers) if visible soil material is carried onto
adjacent public streets, as directed by the City Engineer.
f. Enclose, cover, water twice daily or, or apply (non-toxic) soil stabilizers to
exposed stockpiles (dirt, sand, etc.).
g. Install erosion control measures to prevent runoff from the project site.
33. Approvals Required: The project requires the following agency approval prior to
issuance of the building permit:
a. West Valley Sanitation District (378-2407)
b. Santa Clara County Fire Department (378-4010)
Planning Commission ~,..~olution No. 3673
PLN2005-49 - 68 Sunnyside Avenue
Recommending Approval of a Planned Development Permit
Page 9
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 Schooi 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.
FIRE DEPARTMENT
34. 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.
35. Required Fire Flow: The required fire flow for this project is 1,000 gprn 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.
36. Fire Apparatus (Engine) Access Roads Required: Provide access roadways with a
paved all weather surface, a minimum unobstructed width of 20 feet, vertical
clearance of 13 feet six inches. Installations shall conform to Fire Department
Standard Details and Specifications sheet A-1.
37. Fire Lane Marking Required: Provide marking for all roadways within the project.
Markings shall be per Fire Department specifications. Installations shall also conform
to Local Government Standards and Fire Department Standard Details and
Specifications Sheet A-6.
38. Parking Along Roadways: The required width of fire access roadways shall not be
obstructed in any manner and parking shall not be allowed along roadways les than
28 feet in width. Parking may be permitted alone one side of roadways 28-35 feet in
width. For roadways equal to or greater than 36 feet, parking will be allowed on both
sides of the roadway. Roadway widths shall be measured curb to curb, with parking
space based on an eight-foot width.
39. Timing of Required Roadway Installations: Required access roads, up through first
lift of asphalt, shall be installed and accepted by the Fire Department prior to the
start of construction. Bulk combustible materials shall not be delivered to the site
Planning Commission R~~olution No. 3673
PLN2005-49 - 68 Sunnyside Avenue
Recommending Approval of a Planned Development Permit
Page 10
until installation so complete. During construction, emergency access roads shall be
maintained clear and unimpeded. Building permit issuance may be withheld until
such installations are completed.
40. 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 backgrounds.
PUBLIC WORKS DEPARTMENT
41. 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 and pay the
current application processing fee.
42. Preliminary Title Report: Upon submittal of the parcel map, the applicant shall
provide a current Preliminary Title Report.
43. Public Service and Sidewalk Easement: Upon recordation of the parcel map, the
applicant shall grant a five (5) foot public service easement and sidewalk easement
on private property contiguous with the public right-of-way along Sunnyside Avenue.
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.
44. Monumentation for Parcel Map: Prior to recordation of the parcel map, the applicant
shall provide security for setting all monuments shown on the map.
45. 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.\
46. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and
sewer cleanout(s) shall be relocated or installed on private property behind the
public right-of-way line.
47. 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.
48. Utilities: All on-site utilities shall be installed underground per Section 21.18.140 of
the Campbell Municipal Code for any new or remodeled buildings or additions.
Applicant shall comply with all plan submittals, permitting, and fee requirements of
the serving utility companies.
Planning Commission R~~olution No. 3673
PLN2005-49 - 68 Sunnyside Avenue
Recommending Approval of a Planned Development Permit
Page 11
49. 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. The plan shall
clearly show the location and size of all existing utilities and the associated main
lines; indicate which utilities and services are to remain; which utilities and services
are to be abandoned, and where new utilities and services wifi be installed. Joint
trenches for new utilities shall be used whenever possible.
50. Pavement Restoration: Based on the utility coordination plan, the applicant shall
prepare a pavement restoration plan for approval by the City Engineer prior to any
utility installation or abandonment. Streets that have been reconstructed or overlaid
within the previous five years will require boring and jacking for all new utility
installations. Sunnyside Avenue was last overlayed in FY 97/98. The pavement
restoration plan shall indicate how the street pavement shall be restored following
the installation or abandonment of all utilities necessary for the project.
51. 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 and 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.
52. Storm Drain Area Fee: Prior to recordation of the parcel map, the applicant shall
pay the required Storm Drain Area fee of $2,318.00 per net acre which is $924.00.
53. 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.
Planning Commission Resolution No. 3673
PLN2005-49 - 68 Sunnyside Avenue
Recommending Approval of a Planned Development Permit
Page 12
Applicant to submit calculations to show that the impervious surface that will be
replaced or created by this development will not be over 10,000 square feet. If this
development will create or replace 10,000 square feet of impervious surface,
including roof areas, then this development must comply with requirements of the
C.3 provision of the City's NPDES Stormwater permit.
54. Demolition: Prior to recording of the parcel map the applicant shall obtain a
demolition permit and remove any nonconforming structures.
55. Street Improvements: Prior to recordation of the parcel map, the applicant shall
execute a street improvement agreement, cause plans for public street
improvements to be prepared by a registered civil engineer, pay various fees and
deposits, post security and provide insurance necessary to obtain an encroachment
permit for construction of the standard public street improvements, as required by
the City Engineer. The plans shall include the following:
a. Removal of all existing driveway approaches and necessary sidewalk, curb and
gutter to accommodate the new improvements.
b. Installation of street trees and irrigation at 40 feet on center.
c. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway
approaches as necessary.
d. Construction of conforms to existing public and private improvements, as
necessary.
e. Installation of traffic control, stripes and signs as necessary.
PASSED AND ADOPTED this 23rd day of August, 2005, by the following roll call vote:
AYES: Commissioners: Alderete, Doorley, Francois, Gibbons and Rocha
NOES: Commissioners: None
ABSENT: Commissioners: Ebner and Roseberry
ABSTAIN: Commissioners: None
APPROVED: - 7
_ iz eth Gibbons, Chair
ATTEST:
Sharon Fierro, Secretary