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'
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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
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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
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•~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