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PD Permit/Tree Removal - 2004MEMORANDUM To: Geoff Bradley S 'or Planner From: J sley puty City Clerk Date: ay 7, 2004 Subject: PD Permit (PLN 2004-16) and Tree Removal Permit (PLN 2004-20) - 1865 S. Winchester Boulevard -Mick Dudas and Melany Moore-Dudas At the regular meeting of May 4, 2004, the City Council held a public hearing to consider the application of Mr. Mick Dudas and Ms. Melany Moore-Dudas for a Planned Development Permit (PLN 2004-16) to allow the construction of a new 2,400 square feet retail/office building and a Tree Removal Permit (PLN 2004-20) to allow the removal of four protected trees on property located at 1865 S. Winchester Boulevard in a Planned Development Zoning District. After hearing public testimony and following City Council discussion and deliberation, the following action was taken: 1. Adopted Resolution No. 10328 approving a Planned Development Permit (PLN 2004-16) to allow the construction of a 2,400 square feet new retail/office building incorporating findings and subject to the Conditions of Approval, for property located at 1865 S. Winchester Boulevard; and 2. Adopted Resolution No. 10329 approving a Tree Removal Permit (PLN 2004-20) to allow the removal of four protected trees, incorporating findings and subject to the Conditions of Approval, for property located at 1865 S. Winchester Blvd.. A certified copy of the above Resolutions is attached for your records, together with a copy of the letter written to Mr. Dudas and Ms. Moore-Dudas as follow-up to the City Council's action. RESOLUTION NO. 10328 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A PLANNED DEVELOPMENT PERMIT (PLN2004-16) TO ALLOW THE CONSTRUCTION OF A NEW RETAIL/OFFICE BUILDING OF 2,400 SQUARE FEET ON PROPERTY OWNED BY MICK DUDAS AND MELANY MOORE-DUDAS LOCATED AT 1865 S. WINCHESTER BOULEVARD IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MICK DUDAS AND MELANY MOORE-DUDAS. FILE NO. PLN2004-16. After notification and public hearing, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the City Council did find as follows with respect to application PLN2004-16. 1. The proposed project mixed use of retail and office is consistent with the General Plan land use designation of Central Commercial shown on the Land use Element of the General Plan. 2. The proposed project is consistent with the Planned Development Zoning Ordinance. 3. The site plan proposes the construction of a 2,400 square foot commercial building with relate parking and landscape facilities. 4. The project provides 10 off-street parking spaces, where 11 spaces are required. 5. The completed project would consist of four new townhomes with a building coverage of 16%, landscaping coverage of 18% and paving coverage of 65%. 6. The proposed project will have a floor area ratio of 0.34. 7. The subject property is surrounded by a church/office to the north, a community center to the west, retail and church use to the east and an office to the south. 8. The proposed massing and design of the buildings are consistent with other developments in the surrounding area and recent commercial developments in the Central commercial area. 9. The project qualifies as Categorically Exempt under Section 15303, Class 3 of the California Environmental Quality Act (CEQA). Based upon the foregoing findings of fact, the 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. City Council Resolution PLN2004-16 -1865 S. Winchester Boulevard- Planned Development Permit Page 2 2. The development will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 3. The proposed development will not result in allowing more residential units than would be allowed by other residential zoning districts, which are consistent with the General Plan designation of the property. 4. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 5. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. 6. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 7. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. NOW, THEREFORE, BE IT RESOLVED that the City Council approves a Planned Development Permit (PLN2004-16) to allow the construction of a new retaiUoffice building of 2,400 square feet on property owned by Mick Dudas and Melany Moore-Dudas located at 1865 S. Winchester Boulevard, subject to the following conditions: Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. COMMUNITY DEVELOPMENT DEPARTMENT Planning Division 1. Approved Proiect: Approval is granted for a Planned Development Permit to allow the construction of a two-story retaiUoffice building at 1865 South Winchester Blvd. The building design and site design shall substantially conform to the project exhibits listed below, except as may be modified by the conditions of approval herein: a. Project plans prepared by Bruno Marcelic, Architect, and stamped as received by the Planning Division on November 07, 2003, and including a site plan, floor plans, elevations, and conceptual landscape and irrigation plan. City Council Resolution PLN2004-16 -1865 S. Winchester Boulevard- Planned Development Permit Page 3 b. Color and material board submitted by Bruno Marcelic, February 4, 2004 . c. Uses of the building shall be restricted to the uses permitted in the C-3-S (Central Business District) Zoning District, section 21.26.020 (Uses permitted without use permit). 2. Permit Expiration: The Planned Development Permit is valid for a period of two years from the date of final City Council approval. A building permit must be obtained within this two- yearperiod or the Planned Development Permit shall be void. 3. Landscape Plan: The applicant shall submit four sets of a landscape and irrigation plan to the Planning Division, prior to the issuance of building permits, for review and approval by the Community Development Director. The landscape and irrigation plan shall substantially conform with the approved conceptual landscape plan and the City's Water Efficient Landscaping Standards (WELS) and shall include the following: a. Provide a combination of screening shrubs, trees and vines along the driveway and the parking area. b. All shrubs shall be a minimum five-gallon size plant material and all trees shall be a minimum 24-inch boxed container. 4. Fences: Any new or existing fencing shall comply with Section 21.59.090 of the Campbell Municipal Code and shall be reviewed and approved by the Community Development Director prior to issuance of any building permits for the project. Any existing fencing to remain shall be determined to be in good condition by the Community Development Director. 5. 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). 6. 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. 7. On-Site Li hting: On-site lighting shall be shielded away from adjacent properties and directed on site. The design and type of lighting fixtures and lighting intensity of any proposed exterior lighting for the project shall be reviewed and approved by the Community Development Director prior to installation of the lighting for compliance with all applicable Conditions of Approval, ordinances, laws and regulations. Lighting fixtures shall be of a decorative design to be compatible with the residential development and shall incorporate energy saving features. City Council Resolution PLN2004-16 - 1865 S. Winchester Boulevard- Planned Development Permit Page 4 8. Construction Mitigation Measures: The applicant shall implement the following construction mitigation measures: a. Construction activities will be limited to daytime hours of 8:00 am to 5:00 p.m. weekdays and 9:00 a.m. to 4:00 p.m. Saturdays. Construction is prohibited on Sundays and Holidays unless an exception is granted by the Building Official. b. No pile driving is allowed for construction of the project. c. All internal combustion engines for construction equipment used on the site will be properly muffled and maintained. d. All stationary noise generating construction equipment, such as air compressors and portable power generator, will be located as far as practical from the existing residences and businesses. e. All active construction areas shall be watered at least twice daily. f. Cover all trucks hauling soil and other loose materials stationed or prior to leaving the site. g. Pave, apply water, or apply non-toxic soil stabilizers on all unpaved surfaces, and staging areas at the construction site. 9. Parking and Driveway: All parking and driveway azeas shall be developed in compliance with Chapter 21.50 of the Campbell Municipal Code and the approved project plans. The applicant shall provide a decorative pavement material within the common access driveway, uncovered pazking spaces and walkways. The design and material to be used for the decorative pavement shall be reviewed and approved by the Community Development Director prior to issuance of building permits for the project. The driveway area shall incorporate an additional 20 feet of decorative paving at the project entrance to the main building entrance. 10. Future Driveway/Fencing Improvements• The applicant/property owner shall prepare and record an agreement, prior to the issuance of a building permit, in form and manner acceptable to the City Attorney, agreeing to improve a shared driveway and fence with the property owner to the north in the future when that property owner to the north chooses to improve their driveway and /or fence. 11. Contractor Contact Information Pontine: The project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street prior to the issuance of building permits. Building Division 12. Permits Required: A building permit application shall be required for the proposed new commercial structure. The building permit shall include ElectricaUPlumbing/Mechanical fees when such work is part of the permit. City Council Resolution PLN2004-16 -1865 S. Winchester Boulevard- Planned Development Permit Page 5 13. Construction Plans: The conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 14. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 15. 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. 16. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. Site plan shall also include site drainage details. Site address and parcel numbers shall also be clearly called out. Site parking and path of travel to public sidewalks shall be detailed. 17. Soils Report: Two copies of a current soils report, prepared to the satisfaction of the Building Official, containing foundation and retaining wall design recommendations shall be submitted with the building permit application. This report shall be prepared by a licensed engineer specializing in soils mechanics. 18. Foundation Inspections: A pad certificate prepared by a licensed civil engineer or land surveyor shall be submitted to the project building inspector upon foundation inspection. This certificate shall certify compliance with the recommendations asspecified in the soils report and the building pad elevation and on-site retaining wall locations and elevations are prepared according to approved plans. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer for the following items: a. pad elevation b. finish floor elevation (first floor) c. foundation corner locations 19. Title 24 Compliance: California Title 24 Energy Standards Compliance forms shall be blue-lined on the construction plans. Compliance with the Standards shall be demonstrated for conditioning of the building envelope and lighting of the building. 20. 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. 21. Non-Point Source Program: 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" X 36") is available at the Building Division service counter. City Council Resolution PLN2004-16 - 1865 S. Winchester Boulevard- Planned Development Permit Page 6 22. Title 24 Accessibility-Commercial: On site general path of travel shall comply with the latest California Title 24 Accessibility Standards. Work shall include but not be limited to accessibility to building entrances from parking facilities and sidewalks 23. Title 24 Accessibility- Commercial: Projects seeking to use the Title 24 Hardship exemption clause shall blue-line completed, City of Campbell " 20%" exemption form on submitted construction plans. Form is available at Building Division service counter. 24. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. West Valley Sanitation District b. Santa Clara County Fire Department c. School District: i) Campbell Union School District (378-3405) ii) Campbell Union High School District (371-0960) iii) Moreland School District (874-2900) iv) Cambrian School District (377-2103) d. Bay Area Air Quality Management District (Demolitions Only) 25. P.G.& E.: Applicant is advised to contact Pacific Gas and Electric Company 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. Applicant should also consult with P.G. and E. concerning utility easements, distribution pole locations and required conductor clearances. 26. 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. PUBLIC WORKS DEPARTMENT. 27. Preliminary Title Report: Prior to issuance of any grading or building permits for the site, the applicant shall provide a current Preliminary Title Report. 28. Street Improvements: Prior to issuance of any grading or building permits for the site, 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 existing driveway approach, curb, gutter and entire sidewalk. b. Removal of existing driveway approach, curb and gutter at 1855 Winchester Blvd. c. RemovaUrelocation of PG&E guy wire in sidewalk. City Council Resolution PLN2004-16 -1865 S. Winchester Boulevard- Planned Development Permit Page 7 d. Installation of two (2) ADA compliant driveway approaches, curb, gutter and sidewalk. e. Installation of City specified street tree. f. Construction of conforms to existing public and private improvements, as necessary. 29. Water Meter(s) and Sewer Cleanout(sZ Existing and proposed water meter(s) and sewer cleanout(s) shall be installed on private property behind the public right-of--way line. 30. Utilities: All new on-site utilities shall be installed underground per Section 20.36.150 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. 31. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. Streets, which have been resurfaced within the previous five yeazs, will require boring and jacking for all new utility installations. Applicant shall also prepare pavement restoration plans for approval by the City Engineer prior to any utility installation or abandonment. 32. Grading and Draina eg Plan: Prior to issuance of any grading or building permits for the site, the applicant shall conduct hydrology studies based on a ten-year storm frequency, prepaze an engineered grading and drainage plan, and pay fees required to obtain necessary grading permits. The plans shall comply with the 1998 edition of the California Building Code including Chapters 10, 11, 18, 33, and Appendix Chapter 33. 33. Storm Drain Area Fee: Prior to issuance of any grading or building permits for the site, the applicant shall pay the required Storm Drain Area fee of $2,500.00 per net acre, which is $437.50. 34. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Claza Valley Water District requirements, and the Campbell Municipal Code regarding stormwater pollution prevention. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay. Resources to achieve these objectives include Stormwater Best Management Practices Handbook for New Development and Redevelopment ("CA BMP Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for Stormwater Quality Protection ("Start at the Source") by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Stormwater Quality.• A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. City Council Resolution PLN2004-16 - 1865 S. Winchester Boulevard- Planned Development Permit Page 8 PASSED AND ADOPTED this 4tn day of MaY , 2004, by the following roll call vote: AYES: COUNCII,MEMBERS: Furtado; Watson, Dean, Kennedy, Burr NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None APPROVFn• ~ ~, Donald R. Burr, Mayor ATTEST: Anne Bybee, City Council ~fE FORE'GO7Nt3 (N8TF.ItF?=N. ig A 1'lltii& &ND CORii@GT COPY OF THE OR1t9tItM O#1 F1LE -N THIS OFFICE. !i ~ ANNE BY6EE, CtFY CLERK, CITY CF PBELL, CRI.IFORNIA. 3Y' .~ '~ w RESOLUTION NO.10329 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A TREE REMOVAL PERMIT (PLN2004-20) TO ALLOW THE REMOVAL OF FOUR PROTECTED TREES ON PROPERTY OWNED BY MIKE DUDAS AND MELANY MOORE- DUDAS LOCATED AT 1865 S. WINCHESTER BOULEVARD IN A P- D (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MICK DUDAS AND MELANY MOORE-DUDAS. FILE NO. PLN2004-20. After notification and public hearing, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the City Council did find as follows with respect to application PLN2004-20: 1. The proposed Tree Removal Permit is consistent with the Central Commercial General Plan land use designation and P-D (Planned-Development) Zoning District. And the provisions of the Tree Preservation Ordinance. 2. The project will allow the removal of four protected trees because their location would prohibit the construction of the new buildings due to their central location and their poor structural condition. 3. The four proposed 24-inch box replacement trees are in equivalent to the tree replacement requirements of the Tree Protection Regulations. 4. The proposed replacement trees will be a sufficient replacement for the trees to be removed and will continue the diversity of tree species found in the community. Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. The retention of the trees restricts the economic enjoyment of the property and creates an unusual hardship for the property owner by severely limiting the use of the property in a manner not typically experienced by owners of similarly zoned and situated properties, and the applicant has demonstrated to the satisfaction of the Planning Commission that there are no reasonable alternatives to preserve the trees. 2. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. 3. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. City Council Resolution PLN2004-20 -1865 S. Winchester Boulevard- Tree Removal Permit Page 2 NOW, THEREFORE, BE IT RESOLVED that the City Council approves a Tree Removal Permit (PLN2004-20) to allow the removal of four protected trees on property owned by Mick Dudas and Melany Moore-Dudas located at 1865 S. Winchester Boulevard, subject to the following conditions: Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. COMMUNITY DEVELOPMENT DEPARTMENT Planning Division: 1. Approved Permit: Approval is granted for a Tree Removal Permit to allow the removal of four protected tree at 1865 S. Winchester Blvd. This permit shall be valid only in conjunction with the approved Planned Development Permit (PLN2004-16). 2. Replacement Trees: Four 24-inch box size trees shall be required as replacement for the four protected trees to be removed. The location and species of these trees shall be shown on the detailed landscape and irrigation plans that shall be submitted to the Planning Division for review and approval by the Community Development Director, prior to the issuance of building permits. The proposed replacement trees shall continue the diversity of tree species found in the community. PASSED AND ADOPTED this 4th call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: day of May , 2004, by the following roll Furtado, Watson, Dean, Kennedy, Burr None None None ~----~. APPROVF~- _ Donald R. Burr, Mayor ATTEST: Anne Bybee, City Clerk ~~ F'oREG6iN4 tvaTi~:;;;; ;;;z tS a T111Jo[~ 14ND CORRECT CC^'t ~:.- ~tiE ORIOtNAi ON FILE IN THtB U;~~~?C ~~:. a ANNE ~Yf3E(:, CITY CLERK, OITY OF , C~}IIFORMIA. ~ c~r1 C~.,,i`" ~ ~F cgM.o~ ~ ~ ,... ~ A _' ~;: r U ~ ,_,.~r .~~ . r ~~ ~. 9~ G~ ORCHARD' CITY of CAMPBELL City Clerk's Office May 7, 2004 Mr. Mick Dudas and Ms. Melany Moore-Dudas 25000 Hutchinson Road Los Gatos, CA 95033 Dear Mr. Dudas and Ms. Moore-Dudas: At the regular meeting of May 4, 2004, the City Council held a public hearing to consider your application for a Planned Development Permit (PLN 2004-16) to allow the construction of a new retail/office building and a Tree Removal Permit (PLN 2004-20) to remove four protected trees on property located at 1865 S. Winchester Boulevard in a Planned Development Zoning District. After hearing public testimony and following City Council discussion and deliberation, the following action was taken: 1. Adopted Resolution No. 10328 approving a Planned Development Permit (PLN 2004- 16) to allow the construction of a 2,400 square feet retail/office building, incorporating findings and subject to the Conditions of Approval, on property located at 1865 S. Winchester Boulevard; and 2. Adopted Resolution No. 10329 approving a Tree Removal Permit (PLN 2004-20) to allow the removal of four protected trees, incorporating findings and subject to the Conditions of Approval, on property located at 1865 S. Winchester Boulevard. A certified copy of Resolution 10328 and Resolution 10329 is enclosed for your records. Continued ... 70 North First Street Campbell, California 95008.1423 Tee 408.866.2117 Fnx 408.374.6889 • 'mo 408.866.2.790 Page 2 Please do not hesitate to contact this office (866-2117) or Geoff Bradley, Senior Planner, Community Development Department, should you have any questions in regard to the City Council's action. Sincerely, C~~ L Anne Bybee City Clerk Enc. cc. Geoff Bradley, Senior Planner, Comm. Develop. Dept. ,," OF ' C'gyj~, _' ` ,''~ ~~f F CAMPBELL u~~ r ~ a 2 -~-- ~--. _.. h •~RCH AR~• _ \ CITY of CAMPBELL ~ Community Development Department April 16, 2004 Mick Dudas & Melany Moore-Dudas 241 E. Campbell Avenue Campbell, CA 95008 Re: PLN2004-16/20 -1865 S. Winchester Boulevard Planned Development Permit and Tree Removal Permit Dear Applicant: Please be advised that at its meeting of April 13, 2004, the Planning Commission adopted Resolution No. 3553 recommending approval of a Planned Development Permit (PLN2004-16) to allow the construction of a new retaiUoffice building and Resolution No. 3554 recommending approval of a Tree Removal Permit (PLN2004-20) to allow the removal of four protected trees on the above referenced property. This project will be reviewed by Council for final approval at its meeting of May 4, 2004. If you have any questions, please do not hesitate to contact me at (408) 866-2140. Sincerely, ~~ Geoff I. Bradley Senior Planner cc: Frank Mills, Building Division Ed Arango, Public Works Chris Veargason, County Fire Mick Dudas & Melanie Moore-Dudas (Property Owners) 25000 Hutchinson Road Los Gatos, CA 95033 70 North First Street Campbell, California 9 5008-1 4 36 Tet. 408.866.2140 tnx 408.87I.S140 ~ Ton 408.866.2790 RESOLUTION N0.3553 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A PLANNED DEVELOPMENT PERMIT (PLN2004-16) TO ALLOW THE CONSTRUCTION OF A NEW RETAIL/OFFICE BUILDING OF 2,400 SQUARE FEET ON PROPERTY OWNED BY MICK DUDAS AND MELANY MOORE-DUDAS LOCATED AT 1865 S. WINCHESTER BOULEVARD IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MICK DUDAS AND MELANY MOORE-DUDAS. FILE NO. PLN2004-16. 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 PLN2004-16. 1. The proposed project mixed use of retail and office is consistent with the General Plan land use designation of Central Commercial shown on the Land use Element of the General Plan. 2. The proposed project is consistent with the Planned Development Zoning Ordinance. 3. The site plan proposes the construction of a 2,400 square foot commercial building with relate parking and landscape facilities. 4. The project provides 10 off-street parking spaces, where 11 spaces are required. 5. The completed project would consist of four new townhomes with a building coverage of 16%, landscaping coverage of 18% and paving coverage of 65%. 6. The proposed project will have a floor area ratio of 0.34. 7. The subject property is surrounded by a church/office to the north, a community center to the west, retail and church use to the east and an office to the south. 8. The proposed massing and design of the buildings are consistent with other developments in the surrounding area and recent commercial developments in the Central commercial area. 9. The project qualifies as Categorically Exempt under Section 15303, Class 3 of the California Environmental Quality Act (CEQA). Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 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. .~ Planning Commission Reso~~aon No. 3553 PLN2004-16 -1865 S. Winchester Boulevard- Planned Development Permit Page 2 2. The development will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 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 (PLN2004-09) to allow the construction of three townhomes on property owned by Mr. Hadi Ghafouri, located at 243 W. Rincon Avenue, subject to the following conditions: Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. COMMUNITY DEVELOPMENT DEPARTMENT Planning Division Approved Project: Approval is granted for a Planned Development Permit to allow the construction of a two-story retaiUoffice building at 1865 South Winchester Blvd. The building design and site design shall substantially conform to the project exhibits listed below, except as maybe modified by the conditions of approval herein: a. Project plans prepared by Bruno Marcelic, Architect, and stamped as received by the Planning Division on November 07, 2003, and including a site plan, floor plans, elevations, and conceptual landscape and irrigation plan. Planning Commission Resoiu~ion No. 3553 PLN2004-16 - 1865 S. Winchester Boulevard- Planned Development Permit Page 3 b. Color and material board submitted by Bruno Marcelic, February 4, 2004 . c. Uses of the building shall be restricted to the uses permitted in the C-3-S (Central Business District) Zoning District, section 21.26.020 (Uses permitted without use permit). 2. Permit Expiration: The Planned Development Permit is valid for a period of two years from the date of final City Council approval. A building permit must be obtained within this two- yearperiod or the Planned Development Permit shall be void. 3. Landscape Plan: The applicant shall submit four sets of a landscape and irrigation plan to the Planning Division, prior to the issuance of building permits, for review and approval by the Community Development Director. The landscape and irrigation plan shall substantially conform with the approved conceptual landscape plan and the City's Water Efficient Landscaping Standards (WELS) and shall include the following: a. Provide a combination of screening shrubs, trees and vines along the driveway and the parking area. b. All shrubs shall be a minimum five-gallon size plant material and all trees shall be a minimum 24-inch boxed container. 4. Fences: Any new or existing fencing shall comply with Section 21.59.090 of the Campbell Municipal Code and shall be reviewed and approved by the Community Development Director prior to issuance of any building permits for the project. Any existing fencing to remain shall be determined to be in good condition by the Community Development Director. 5. 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). 6. 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. 7. On-Site Li hting_ On-site lighting shall be shielded away from adjacent properties and directed on site. The design and type of lighting fixtures and lighting intensity of any proposed exterior lighting for the project shall be reviewed and approved by the Community Development Director prior to installation of the lighting for compliance with all applicable Conditions of Approval, ordinances, laws and regulations. Lighting fixtures shall be of a decorative design to be compatible with the residential development and shall incorporate energy saving features. Planning Commission Reso~u~ion No. 3553 PLN2004-16 - 1865 S. Winchester Boulevard- Planned Development Permit Page 4 8. Construction Mitigation Measures: The applicant shall implement the following construction mitigation measures: a. Construction activities will be limited to daytime hours of 8:00 am to 5:00 p.m. weekdays and 9:00 a.m. to 4:00 p.m. Saturdays. Construction is prohibited on Sundays and Holidays unless an exception is granted by the Building Official. b. No pile driving is allowed for construction of the project. c. All internal combustion engines for construction equipment used on the site will be properly muffled and maintained. d. All stationary noise generating construction equipment, such as air compressors and portable power generator, will be located as far as practical from the existing residences and businesses. e. All active construction areas shall be watered at least twice daily. f. Cover all trucks hauling soil and other loose materials stationed or prior to leaving the site. g. Pave, apply water, or apply non-toxic soil stabilizers on all unpaved surfaces, and staging areas at the construction site. 9. Parking and Driveway: All parking and driveway areas shall be developed in compliance with Chapter 21.50 of the Campbell Municipal Code and the approved project plans. The applicant shall provide a decorative pavement material within the common access driveway, uncovered parking spaces and walkways. The design and material to be used for the decorative pavement shall be reviewed and approved by the Community Development Director prior to issuance of building permits for the project. The driveway area shall incorporate an additional 20 feet of decorative paving at the project entrance to the main building entrance. 10. Future Drivewa /Fencing Improvements: The applicant/property owner shall prepare and record an agreement, prior to the issuance of a building permit, in form and manner acceptable to the City Attorney, agreeing to improve a shared driveway and fence with the property owner to the north in the future when that property owner to the north chooses to improve their driveway and /or fence. 11. Contractor Contact Information Posting: The project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street prior to the issuance of building permits. Building Division 12. Permits Re wired: A building permit application shall be required for the proposed new commercial structure. The building permit shall include ElectricaUPlumbing/Mechanical fees when such work is part of the permit. Planning Commission Resoi,.~~on No. 3553 PLN2004-16 - 1865 S. Winchester Boulevard- Planned Development Permit Page 5 13. Construction Plans: The conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 14. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 15. Plan Pre arp ation: 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. 16. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. Site plan shall also include site drainage details. Site address and parcel numbers shall also be clearly called out. Site parking and path of travel to public sidewalks shall be detailed. 17. Soils Report: Two copies of a current soils report, prepared to the satisfaction of the Building Official, containing foundation and retaining wall design recommendations shall be submitted with the building permit application. This report shall be prepared by a licensed engineer specializing in soils mechanics. 18. 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 19. Title 24 Com liance: California Title 24 Energy Standards Compliance forms shall be blue-lined on the construction plans. Compliance with the Standards shall be demonstrated for conditioning of the building envelope and lighting of the building. 20. 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. 21. Non-Point Source Prog am: 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" X 36") is available at the Building Division service counter. Planning Commission Resolu~ion No. 3553 PLN2004-16 - 1865 S. Winchester Boulevard- Planned Development Permit Page 6 22. Title 24 Accessibility-Commercial: On site general path of travel shall comply with the latest California Title 24 Accessibility Standards. Work shall include but not be limited to accessibility to building entrances from parking facilities and sidewalks 23. Title 24 Accessibility- Commercial: Projects seeking to use the Title 24 Hardship exemption clause shall blue-line completed, City of Campbell " 20%" exemption form on submitted construction plans. Form is available at Building Division service counter. 24. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. West Valley Sanitation District b. Santa Clara County Fire Department c. School District: i) Campbell Union School District (378-3405) ii) Campbell Union High School District (371-0960) iii) Moreland School District (874-2900) iv) Cambrian School District (377-2103) d. Bay Area Air Quality Management District (Demolitions Only) 25. P.G.& E.: Applicant is advised to contact Pacific Gas and Electric Company 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. Applicant should also consult with P.G. and E. concerning utility easements, distribution pole locations and required conductor clearances. 26. 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. PUBLIC WORKS DEPARTMENT 27. Preliminary Title Report: Prior to issuance of any grading or building permits for the site, the applicant shall provide a current Preliminary Title Report. 28. Street Improvements: Prior to issuance of any grading or building permits for the site, 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 existing driveway approach, curb, gutter and entire sidewalk. b. Removal of existing driveway approach, curb and gutter at 1855 Winchester Blvd. c. RemovaUrelocation of PG&E guy wire in sidewalk. Planning Commission Resoiu~ion No. 3553 PLN2004-16 - 1865 S. Winchester Boulevard- Planned Development Permit Page 7 d. Installation of two (2) ADA compliant driveway approaches, curb, gutter and sidewalk. e. Installation of City specified street tree. f. Construction of conforms to existing public and private improvements, as necessary. 29. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer cleanout(s) shall be installed on private property behind the public right-of--way line. 30. Utilities: All new on-site utilities shall be installed underground per Section 20.36.150 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. 31. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. Streets, which have been resurfaced within the previous five years, will require boring and jacking for all new utility installations. Applicant shall also prepare pavement restoration plans for approval by the City Engineer prior to any utility installation or abandonment. 32. Grading and Draina e~ Plan: Prior to issuance of any grading or building permits for the site, the applicant shall conduct hydrology studies based on a ten-year storm frequency, prepare an engineered grading and drainage plan, and pay fees required to obtain necessary grading permits. The plans shall comply with the 1998 edition of the California Building Code including Chapters 10, 11, 18, 33, and Appendix Chapter 33. 33. Storm Drain Area Fee: Prior to issuance of any grading or building permits for the site, the applicant shall pay the required Storm Drain Area fee of $2,500.00 per net acre, which is $437.50. 34. 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 stonnwater 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. 3553 PLN2004-16 -1865 S. Winchester Boulevazd-Planned Development Permit Page 8 PASSED AND ADOPTED this 13~' day of April, 2004, by the following roll call vote: AYES: Commissioners: Alderete, Doorley, Francois, Gibbons, Hernandez, Rocha and Roseberry NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None APPROVED: G e Doorley, Ch ' (•F`~ ATTEST: I. Btddley, Acting Secretary RESOLUTION N0.3554 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A TREE REMOVAL PERMIT (PLN2004-20) TO ALLOW THE REMOVAL OF FOUR PROTECTED TREES ON PROPERTY OWNED BY MIKE DUDAS AND MELANY MOORS-DUDAS LOCATED AT 1865 S. WINCHESTER BOULEVARD IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MICK DUDAS AND MELANY MOORS-DUDAS. FILE NO. PLN2004-11. 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 PLN2004-20: 1. The proposed Tree Removal Permit is consistent with the Central Commercial General Plan land use designation and P-D (Planned-Development) Zoning District. And the provisions of the Tree Preservation Ordinance. 2. The project will allow the removal of four protected trees because their location would prohibit the construction of the new buildings due to their central location and their poor structural condition. 3. The four proposed 24-inch box replacement trees are in equivalent to the tree replacement requirements of the Tree Protection Regulations. 4. The proposed replacement trees will be a sufficient replacement for the trees to be removed and will continue the diversity of tree species found in the community. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The retention of the trees restricts the economic enjoyment of the property and creates an unusual hardship for the property owner by severely limiting the use of the property in a manner not typically experienced by owners of similarly zoned and situated properties, and the applicant has demonstrated to the satisfaction of the Planning Commission that there are no reasonable alternatives to preserve the trees. 2. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. 3. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. Planning Commission Resolution No. 3554 PLN2004-20 -1$65 S. Winchester Boulevard- Tree Removal Permit Page 2 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval of a Tree Removal Permit (PLN2004-20) to allow the removal of four protected trees on property owned by Mick Dudas and Melany Moore-Dudas located at 1865 S. Winchester Boulevard, subject to the following conditions: Where approval by the Duector 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 CalifonUa that pertain to this development and are not herein specified. COMMUNITY DEVELOPMENT DEPARTMENT Planning Division: 1. Approved Permit: Approval is granted for a Tree Removal Pernut to allow the removal of four protected tree at 1865 S. Winchester Blvd. This permit shall be valid only in conjunction with the approved Planned Development Permit (PLN2004-16). 2. Replacement Trees: Four 24-inch box size trees shall be required as replacement for the four protected trees to be removed. The location and species of these trees shall be shown on the detailed landscape and irrigation plans that shall be submitted to the Planning Division for review and approval by the Community Development Director, prior to the issuance of building permits. The proposed replacement trees shall continue the diversity of tree species found in the community. PASSED AND ADOPTED this 13~' day of April, 2004, by the following roll call vote: AYES: Commissioners: Alderete, Doorley, Francois, Gibbons, Hernandez, Rocha and Roseberry NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None APPROVED ~ Ge ge Doorle , hair ~~ ATTEST: ff I. radley, Acting Secre City Council ITEM NO: CATEGORY: Public Hearing Report MEETING DATE: May 4, 2004 TITLE Public Hearing to consider the application of Mick Dudas and Melany Moore-Dudas for a Planned Development Permit (PLN2004-16) to allow the construction of a new retaiUoffice building of 2,400 square feet and a Tree Removal Permit (PLN2004-20) to remove four protected trees on property owned by Mick Dudas and Melany Moore-Dudas located at 1865 ~ S. Winchester Boulevard in a P-D (Planned Development) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. CITY COUNCIL ACTION The Planning Commission recommends that the City Council take the following actions: 1. Adopt a Resolution incorporating the attached findings, recommending that-the City Council approve a Planned Development Permit (PLN 2004-14) to allow the construction of a retail/office building, subject to the attached conditions of approval, and 2. Adopt a Resolution incorporating the attached findings, recommending that the City Council approve a Tree Removal Permit (PLN 2003-20) to allow removal of four protected trees, subject to the attached conditions of approval. ENVIRONMENTAL DETERMINATION The Planning Commission Staff recommends that the City Council find that this project is Categorically Exempt under Section 15303, Class 3, of the California Environmental Quality Act (CEQA) pertaining to the construction of four dwelling units and Section 15315, Class 15, of the California Environmental Quality Act (CEQA) pertaining to the division of property in urbanized areas into four or fewer parcels when the division is in conformance with the City's General Plan and Zoning Code. BACKGROUND Applicant's Proposal: The applicant is requesting approval of a Planned Development Permit (PLN2004-16) to allow the construction of a two-story commercial building, accommodating retail uses on the ground floor and offices on the second floor, and a Tree Removal Permit (PLN2004-20) to allow the removal of four protected trees on property located at 1865 S. Winchester Boulevard. Property Description: The project site is currently developed with asingle-family home, which would be demolished with the construction of this project. Four protected trees and numerous small trees and shrubs would also be removed with the development of a commercial building and parking area on this property. One tree is retained in a rear planting area adjacent to the parking lot. City Council Report Page 2 PLN2004-16 & 24 -1865 S. Winchester Boulevard. Planned Development Permit and Tree Removal Permit The subject property is located on the west side of South Winchester Boulevard. between West Campbell Avenue and West Latimer Avenue adjacent to the Campbell Community Center. The site is surrounded by a church/office to the north, the Campbell Community Center to the west, offices to the south and a church and retail music business to the east. The Planning Commission, at its meeting of April 13, 2004, forwarded a recommendation for approval to the City Council by a 7-0- vote. ANALYSIS General Plan Desi nation: The General Plan land use designation for the project site is Central Commercial. The proposed office and retail uses are consistent with the land use designation of the General Plan. Zoning Designation: The current zoning designation for the project site is P-D (Planned Development). With the approval of a Planned Development Permit, the proposed project will be consistent with the P-D Zoning district. Site Plan: The site plan proposes the construction of a two-story commercial building along the south property line with a front yard setback of fifteen feet similar to the adjacent office building to the south of the project site. Access to the rear parking area is proposed along the northern property line via a twenty foot wide driveway. Parkin :Ten on-site parking spaces are provided where eleven spaces would be typically required. Staff finds that the provided parking is adequate due to the smaller size of the building and that a significant portion of the building that is allocated to stairways and restrooms. Tree Removal Permit: The applicant is proposing to remove four trees (two Black Walnut trees, a Holly Oak and an Avocado tree) on the site. The project will allow .the removal of four protected trees because their location would prohibit the construction of the new buildings due to their central location Four new replacement trees are required to be planted. ALTERNATIVES 1. Approve the proposed project subject to additional and/or modified conditions of approval. 2. Deny the proposed project. 3. Continue for further review. FISCAL IMPACTS None. Attachments: 1. Draft City Council Resolution (Planned Development Permit) 2. Draft City Council Resolution (Tree Removal Permit) 3. Planning Commission Meeting Minutes and Resolutions 4. Planning Commission Staff Report City Council Report Page 3 PLN2004-16 & 24 -1865 S. Winchester Boulevard. Planned Development Permit and Tree Removal Permit _ I Prepared by: r~~ ~`~~ f Geoff I. Bradley, Senior Planner Reviewed by: /.L~~~,f/1A+1" Sharon Fierro, Community Development Director Approved by: Bernard M. Strojny, City Manager