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ZC-PM-PD - 2005 MEMORANDUM To: Stephanie Willsey anner I, Community Development Dept. From: a emsley De uty City Clerk Date: Oc ober 6, 2005 Subject: Zone Change (PLN 2005-57) - 725 W. hacienda Avenue At the regular meeting of October 4, 2005, the City Council adopted Ordinance No. 2061 approving a Zone Change (PLN 2005-57) from R-D (Two Family District) to P-D (Planned Development District) for property located at 725 W. Hacienda Avenue. A certified copy of this Ordinance is attached for your records, together with a copy of a letter notifying the applicant of the City Council's action. The Ordinance will be published in the Campbell Express on October 12, 2005. Attachment: October 6, 2005 Amir Khojasteh Capitol Trust Mortgage 155 E. Campbell Avenue, Suite 104 Campbell, CA 95008 Dear Mr. Khojasteh: At the regular meeting of October 4, 2005, the Campbell City Council gave second reading to the following Ordinance: 1. Ordinance 2061 approving a Zone Change (PLN 2005-57) from R-D (Two Family District) to P-D (Planned Development) for property located at 725 W. Hacienda Avenue. A certified copy of this Ordinance is enclosed for your records. Please note that the Ordinance will become effective thirty days from the date of second reading. Please do not hesitate to contact this office (866-2117) or Stephanie Willsey, Planner I, should you have any questions in regard to the City Council's action. Sincerely, ~~~ Anne Bybee City Clerk Enc. cc. Richard Morgan, 7500 Old San Jose Road, Soquel, CA 95073 Stephanie Willsey, Community Development Department ORDINANCE NO. 2061 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A ZONING CLASSIFICATION CHANGE (PLN2005-57) FROM R-D (TWO FAMILY DISTRICT) TO P-D (PLANNED DEVELOPMENT) ZONING DISTRICT ON PROPERTY OWNED BY MR. RICHARD MORGAN LOCATED AT 725 W. HACIENDA AVENUE IN AN R-D (TWO FAMILY DISTRICT) ZONING DISTRICT. APPLICATION OF MR. AMIR KHOJASTEH, ON BEHALF OF MR. RICHARD MORGAN. FILE NO.: PLN2005-57. The City Council of the City of Campbell does ordain as follows: SECTION ONE: That the Zoning Map of the City of Campbell is hereby changed and amended by adopting the attached Exhibit A, entitled Map of Said Property, as per the application of Mr. Amir Khojasteh, on behalf of Mr. Richard Morgan, for approval of a Zoning Classification Change (PLN2005-57) for property located at 725 W. Hacienda Avenue from R-D (Two Family District) to P-D (Planned Development). SECTION TWO: This ordinance shall become effective thirty (30) days following its passage and adoption shall be published once within fifteen (15) days upon passage and adoption in the Campbell Express, a newspaper of general circulation in the City of Campbell, County of Santa Clara, State of California. PASSED AND ADOPTED this 4th ~y of _ role call vote: AYES: COUNCILMEMBERS: Burr, NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCII.MEMBERS: None .! ATTEST: e Bybee, City Clerk October , 2005, by the following Hernandez, Furtado, Watson, Kennedy APPROVE ~ Jane P. Kennedy, Mayor !'F ,~ TH@ O€tiCittaAt ~ ~ ay., crrv cz~R~c, c~r~ ,,, ~ ~.~ V ~'~: `. r 'y ~ ~ •~RCH AR~• CITY of CAMPBELL City Clerk's Office September 22, 2005 Amir Khojasteh Capitol Trust Mortgage 155 E. Campbell Avenue, Suite 104 Campbell, CA 95008 Dear Mr. Khojasteh: At its regular meeting of September 20, 2005, the Campbell City Council held a public hearing to consider your application, on behalf of Mr. Richard Morgan, for a Zone Change from R-D (Multiple Family Residential) to PD (Planned Development); a Planned Development Permit to allow the construction of four townhomes; and a Tentative Parcel Map to allow the creation of four lots and one common lot on property located at 725 W. Hacienda Avenue. After due consideration, the City Council took the following actions: 1. Introduced Ordinance 2061 approving a Zone Change (PLN2005-57) from R-D (Multiple Family Residential) to PD (Planned Development) for first reading; 2. Adopted Resolution 10569 approving a Planned Development Permit (PLN2005- 58) to allow the construction of four townhomes on property located at 725 W. Hacienda Avenue, subject to Conditions of Approval; and 3. Adopted Resolution 10570 approving a Tentative Parcel Map (PLN2005-59) to allow the creation of four residential lots and one common lot on property located at 725 W. Hacienda Avenue, subject to Conditions of Approval. Certified copies of Resolution Nos. 10569 and 10570 are attached. Second reading of Ordinance No. 2061 is scheduled for the City Council Meeting of October 4, 2005. A certified copy of Ordinance 2061 will be forwarded to you after that date. Please be advised the time within which judicial review of this action must be sought is governed by Section 1094.6 of the California Code of Civil Procedure, unless another statute (such as California Government Code Section 65009 or some other applicable provision of law) sets forth a more specific time period. 70 North First Street Campbell, California 95008-1436 ~ re[. 408.866.21 17 ~ Fnx 408.374.6889 TDD 408.866.2790 Amir Khojasteh September 22, 2005 Page Two Please do not hesitate to contact this office (866-2117) or Stephanie Willsey, Community Development Department (866-2140), should you have any questions regarding the City Council's action. Sincerely, (,lam nne Bybee City Clerk enc. cc: Stephanie Willsey, Community Development Department Richard Morgan, 7500 Old San Jose Road, Soquel, CA 95073 At its regular meeting of September 20, 2005, the City Council took the following actions with regard to the application of Amir Khojasteh, on behalf of Richard Morgan, for a Zone Change, Planned Development Permit and Tentative Parcel Map for property located at 725 W. Hacienda Avenue: 1) Introduced Ordinance 2061 approving a Zone Change (PLN2005-57) from R-D (Multiple Family Residential) to PD (Planned Development) for first reading; 2) Adopted Resolution 10569 approving a Planned Development Permit (PLN2005- 58) to allow the construction of four townhomes on property located at 725 W. Hacienda Avenue, subject to Conditions of Approval; and 3) Adopted Resolution 10570 approving a Tentative Parcel Map (PLN2005-59) to allow the creation of four residential lots and one common lot on property located at 725 W. Hacienda Avenue subject to Conditions of Approval. Certified copies of Resolution Nos. 10569 and 10570 are attached. Second reading of Ordinance No. 2061 is scheduled for the City Council Meeting of October 4, 2005. Also attached is a copy of a letter notifying the applicant of the City Council's action. RESOLUTION NO. l05~0 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING OF A TENTATIVE PARCEL MAP (PLN2005- 59) TO ALLOW THE CREATION OF FOUR RESIDENTIAL LOTS AND ONE COMMON LOT ON PROPERTY OWNED BY MR. RICHARD MORGAN LOCATED AT 725 W. HACIENDA AVENUE IN AN R-D (TWO FAMILY DISTRICT) ZONING DISTRICT. APPLICATION OF MR. AMIR KHOJASTEH, ON BEHALF OF MR. RICHARD MORGAN. FILE NO.: PLN2005-59. After notification and public hearing, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the City Council did find as follows with respect to application PLN2005-59: 1. The proposed creation of four residential lots and one common lot is consistent with the Low-Medium Density Residential (6-13 units per gross acre) General Plan land use designation for the property. 2. The proposed density of 9.5 units per gross acre is within the allowed density range of 6-13 units per gross acre permitted in the Low-Medium Density Residential General Plan land use designation. 3. The proposed Tentative Parcel Map is consistent with the Planned Development Zoning Ordinance. 4. The common lot would consist of a common access driveway, shared parking spaces, and landscaping. 5. The proposed project includes provisions for access to natural air and light for all of the units. 6. The provisions of the Covenants, Conditions and Restrictions are necessary to ensure the long-term property maintenance and continued architectural integrity of the project. 7. The Tentative Parcel Map has been distributed to local agencies, including Pacific Gas and Electric, West Valley Sanitation District, Santa Clara Valley Transportation Authority and the Santa Clara Valley Water District. None of these agencies raised any concerns about providing services to the proposed lots. 8. The project qualifies as Categorically Exempt under Section 15315, Class 15 of the California Environmental Quality Act (CEQA). Based upon the foregoing findings of fact, the City Council further finds and concludes that: City Council Resolution PLN2005-59 - 725 W. Hacienda Avenue -Tentative Parcel Map Page 2 1. The proposed Tentative Parcel Map is consistent with the General Plan and Zoning Ordinance of the City. 2. The proposed Tentative Parcel Map does not impair the balance between the housing needs of the region and the public service needs of its residents and available fiscal and environmental resources. 3. The design of the Tentative Parcel Map provides, to the extent feasible, for future passive or natural heating and cooling opportunities. 4. The development and uses will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 5. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. 6. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. NOW, THEREFORE, BE IT RESOLVED that the City Council approves a Tentative Parcel Map (PLN2005-59) to allow the creation of four residential lots and one common lot on property owned by Mr. Richard Morgan located at 725 W. Hacienda Avenue in an R-D (Two Family District) Zoning District. Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. COMMUNITY DEVELOPMENT DEPARTMENT Planning Division: 1. Approved Project: Approval is granted for a Tentative Parcel Map to create four residential lots and one common lot on property located at 725 West Hacienda Avenue. The Tentative Parcel Map shall substantially conform to the Tentative Parcel Map prepared by ADCO Engineering and stamped as received by the Planning Division on July 7, 2005, except as may be modified by the conditions of approval herein. City Council Resolution PLN2005-59 - 725 W. Hacienda Avenue -Tentative Parcel Map Page 3 2. Approval Expiration: The Tentative Parcel Map approval is valid for a period of two years from the date of final City Council approval, unless an extension is granted prior to the expiration date. 3. Park Impact Fee: A park impact fee, based on a density range of six to thirteen units per gross acre, is due upon development of the site. Credit shall be given for any existing single-family residence to be demolished. Prior to recordation of the Parcel Map, 75% of this fee is due. The remaining 25% is due prior to issuance of a certificate of building occupancy. 4. Demolition of Structures: Prior to recordation of the Parcel Map the applicant shall obtain a building permit for the demolition of all non-conforming structures. 5. Property Maintenance: The property is to be maintained free of any combustible trash, debris and weeds until the time that actual construction commences. All existing structures shall be secured by having windows boarded up and doors sealed shut, or be demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). 6. Covenants, Codes and Restrictions (CC&R's): Prior to recordation of the Parcel Map, the applicant shall submit for review and approval by the City a copy of the draft CC&R's which shall include the following: a. Formation of a Homeowner's Association; b. Continued architectural controls to ensure the architectural integrity of the project, including a provision that ensures that shared building walls and roofs are repaired, repainted, and/or replaced as necessary; c. Definition of common areas to be maintained and provision of maintenance for these areas; d. Provision of a funding mechanism to ensure maintenance and upkeep of common areas; e. Provision for the availability of interior garage space for the parking of two vehicles at all times; and f. Provision to prohibit the use of outside parking spaces for storage purposes, including boats, trailers, and recreational vehicles. PUBLIC WORKS DEPARTMENT 7. Parcel Map: Prior to issuance of any grading or building permits for the project, the applicant shall submit a parcel map for recordation upon approval by the City. The applicant shall also submit the map in a digital format acceptable to the City. The current plan check fee is $3,400 plus $75 per lot. City Council Resolution PLN2005-59 - 725 W. Hacienda Avenue -Tentative Parcel Map Page 4 8. Preliminary Title Report: Upon submittal of the parcel map, the applicant shall provide a current Preliminary Title Report. 9. Right-of-Way for Public Street Purposes: Upon recordation of the parcel map, the applicant shall fully complete the process to cause additional right-of-way to be granted in fee for public street purposes along the Hacienda Avenue frontage to accommodate a 45-foot half street width. The applicant shall submit the necessary documents for approval by the City Engineer, process the submittal with City staff's comments, and fully complete the right-of-way process. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 10. Public Service Easement: Prior to or upon recordation of the parcel map, the applicant shall grant a 10 foot public service easement on private property contiguous with the public right-of-way along the Hacienda Avenue frontage. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 11. Monumentation for Parcel Map: Prior to recordation of the parcel map, the applicant shall provide a cash deposit for setting all monuments shown on the map. Monuments shall be set per section 20.76.010 of the Campbell Municipal Code. 12. Street Improvements: Prior to recordation of the parcel map, the applicant shall execute a street improvement agreement, shall 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. Show location of all existing utilities within the new and existing public right-of- way. b. Relocation of all existing facilities, including utility boxes, covers, poles, etc. outside the sidewalk area. No utility boxes, covers, poles, etc. will be allowed in the sidewalk area. c. Construction of ADA compliant driveway approach. d. Construction of curb, gutter, and detached sidewalk along the property frontage. e. Installation of street trees, turf, and irrigation at 30 feet on center. f. Installation of a street light in accordance with the Street Lighting Policies of the City of Campbell. g. Removal of existing pavement to street centerline. h. Construction of a new pavement structural section across the property frontage to the street centerline of Hacienda Avenue. i. Installation of traffic controls, stripes, and signs as appropriate. j. Protection and relocation of utilities as necessary. City Council Resolution. PLN2005-59 - 725 W. Hacienda Avenue -Tentative Parcel Map Page 5 k. Construction of conforms to existing public and private improvements as necessary. 13. Maintenance of Landscaping: Current and future owner(s) are required to maintain the landscaped park strip in the public right-of-way. This includes, but is not limited to: trees, lawn, plantings, irrigation, etc. Trees shall not be pruned in a manner that would not allow the tree to grow to a mature height. 14. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer cleanout(s) shall be installed on private property behind the public right-of- way line. 15. Soils Report: Prior to issuance of any grading or building permits for the site, applicant shall provide a Soils Report prepared by a registered geotechnical or civil engineer to determine the required pavement section. 16. Utilities: All new on-site Utilities shall be installed underground per Section 21.18.140 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. 17. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. The plan shall clearly show the location and size of all existing utilities and the associated main lines; indicate which utilities and services are to remain; which utilities and services are to be abandoned, and where new utilities and services will be installed. Joint trenches for new utilities shall be used whenever possible. 18. Pavement Restoration: Based on the utility coordination plan, the applicant shall prepare a pavement restoration plan for approval by the City Engineer prior to any utility installation or abandonment.. Streets that have been reconstructed or overlaid within the previous five years will require boring and jacking for all new utility installations. This property is located on the north side of Hacienda Avenue between Capri Drive and Virginia Avenue and has not been resurfaced during the last five years.. The pavement restoration plan shall indicate how the street pavement shall be restored following the installation or abandonment of all utilities necessary for the project. 19. Grading and Drainage Plan: Prior to issuance of any grading or building permits for the site, the applicant shall conduct hydrology studies based on a 10 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. City Council Resolutioi, PLN2005-59 - 725 W. Hacienda Avenue -Tentative Parcel Map Page 6 20. 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 $2,385 per net acre, which is $814. 21. 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. Specifically the project must include source control, site design and treatment measures to achieve compliance with Provision C.3. of the NPDES Permit. Measures may include, but are not limited to, minimization of impervious surface area, vegetated swales, infiltration areas, and treatment devices. 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 Documenf to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. Prior to occupancy, a qualified BMP certifier is required to inspect the stormwater management facilities, submit a complete set of as-built drawings to Public Works Engineering, and certify on these drawings that: a. The stormwater management facilities were constructed in compliance with the approved plans. b. The as-built drawings show all pertinent constructed dimensions, elevations, shapes, and materials. c. All variations in construction from the approved design plan have been identified, including omissions to and additions from the approved plan. d. Any changes are in conformance with local, state, or federal regulations 22. Operation and Maintenance of Stormwater Pollution Prevention Measures: Prior to recordation of the final map, the applicant shall execute a covenant to provide security for the operation and maintenance of stormwater pollution prevention measures installed or provided as a part of this project. 23. Covenants. Conditions, and Restrictions: Provide copies of CC&R's for review by the City prior to recordation of the parcel map and CC&R's. City Council Resolution PLN2005-59 - 725 W. Hacienda Avenue -Tentative Parcel Map Page 7 24. Demolition: Prior to recording of the Parcel Map the applicant shall obtain a Demolition Permit to remove any nonconforming structures. PASSED AND ADOPTED this loth day of september , 2005, by the following roll call vote: AYES: COUNCILMEMBERS: Burr, Hernandez, Furtado, Watson, xennedy NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None APPROVED: e P. Kennedy, Mayor ATTEST: ~-- Anne Bybee, City Clerk tnd FILE rho zal+~ c~•~>.~,*. ~~fi'l~7: A?~ Y~l. Gt?Y CLEAYv CtEit ~i~ CRA4i'~I ~ttPO A ,~ ,.~~ v ~~...," ,•: ~b ._. RESOLUTION NO. 10569 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A PLANNED DEVELOPMENT PERMIT (PLN2005-58) TO ALLOW THE CONSTRUCTION OF FOUR TOWN HOMES ON PROPERTY OWNED BY MR. RICHARD MORGAN LOCATED AT 725 W. HACIENDA AVENUE IN AN R-D (TWO FAMILY DISTRICT) ZONING DISTRICT. APPLICATION OF MR. AMIR KHOJASTEH, ON BEHALF OF MR. RICHARD MORGAN. FILE NO. PLN2005-58. After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the City Council did find as follows with respect to application PLN2005-58: 1. The density of the proposed project site is 9.5 units per gross acre, which is consistent with the General Plan land use designation of Low-Medium Density Residential (6-13 units per gross acre). 2. The proposed project is consistent with the Planned Development Zoning Ordinance. 3. The site plan proposes the construction of four town homes, each on individual lots. All of the residences would take vehicular access from West Hacienda Avenue via a 20-foot wide, two-way "L-shaped" common driveway. 4. The southern elevation of Building 1 has an entry way that is oriented towards West Hacienda Avenue and both buildings are set back a minimum of 15-feet from the property line of adjacent properties and the public right-of-way per the STANP. 5. The project provides a total of 14 parking spaces, where 14 spaces are required. 6. The completed project would consist of four new town homes with a building coverage of 31 %, landscaping coverage of 36% and paving coverage of 33%. 7. The proposed project will have a floor area ratio of 0.54. 8. No protected trees would need to be removed as part of this project, either on the project site or the adjacent property. 9. Each of the units has a private rear yard with a minimum depth of 15 feet and a width ranging from 35 feet to 46 feet and is enclosed by a wood fence. Building 1 (Unit 1 & 2) has a private rear yard area of 553 square feet for each unit and Building 2 (Unit 3 & 4) has a private rear yard area of 1,020 square feet for each unit. City Council Resolutioi PLN2005-58 - 725 W. Hacienda Avenue-Planned Development Permit Page 2 10. The project qualifies as Categorically Exempt under Section 15303, Class 3 of the California Environmental Quality Act (CEQA). Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. The proposed development will result in a more desirable environment and use of the land than would be possible under any other zoning classification. 2. The development will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 3. The proposed development will not result in allowing more residential units than would be allowed by other residential zoning districts, which are consistent with the General Plan designation of the property. 4. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 5. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. 6. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 7. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. NOW, THEREFORE, BE IT RESOLVED that the City Council approves a Planned Development Permit (PLN2005-58) to allow the construction of four town homes on property owned by Mr. Richard Morgan located at 725 W. Hacienda Avenue in a R-D (Two Family District) Zoning District, subject to the following conditions: Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for 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. City Council Resolutiot. PLN2005-58 - 725 W. Hacienda Avenue-Planned Development Permit Page 3 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division: 1. Approved Proiect: Approval is granted for a Planned Development Permit to allow the construction of four town homes located at 725 West Hacienda Avenue. The building designs 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 A.G.P. Design Group and stamped as received by the Planning Division on July 18, 2005. b. Colored elevation and material board submitted by A.G.P. Design Group and stamped as received by the Planning Division on July 18, 2005. c. Tentative Parcel Map prepared by ADCO Engineering and stamped as received by the Planning Division on July 7, 2005. 2. Permit Expiration: The Planned Development Permit is valid for a period of two years from the date of final City Council approval. A building permit must be obtained within this two-year period or the Planned Development Permit shall be void. 3. Parcel Map: The Planned Development Permit approval is contingent upon recordation of the Parcel Map to divide the subject property. The Parcel Map shall be recorded prior to the issuance of building permits. 4. Landscape and Irrigation Plan: The applicant shall submit a final landscape and irrigation plan to the Planning Division, prior to the issuance of building permits, for review and approval by the Community Development Director. The landscape and irrigation plan shall substantially conform to the approved conceptual landscape plan and the City's Water Efficient Landscaping Standards (VIIELS). 5. Tree Protection Plan: The applicant shall submit a tree protection plan for all protected trees to be retained on site or on adjacent lots that are impacted by the project, and shall contain specific information about the preservation of the trees during any grading or building on site. Such tree protection measures shall be installed prior to any demolition, grading, or building on the project site. No construction or trenching shall take place within the drip line of trees and a fence constructed of temporary cyclone fencing or wire mesh securely attached to poles driven into the ground shall be installed around the dripline of the tree. All trimming or branch removal from protected trees shall be completed by a certified arborist. The tree protection plan shall be submitted to the Planning Division for review and approval by the Community Development Director prior to the issuance of building permits. City Council Resolution, PLN2005-58 - 725 W. Hacienda Avenue-Planned Development Permit Page 4 6. Park Impact Fee: A park impact fee, based on a density range of six to thirteen units per gross acre, is due upon development of the site. Credit shall be given for any existing single-family residence to be demolished. Prior to recordation of the Parcel Map, 75% of this fee is due. The remaining 25% is due prior to issuance of a certificate of building occupancy. 7. Fences: All new fencing shall be agood-neighbor style wood fence and shall comply with all the provisions of Section 21.18.060 of the Campbell Municipal Code. The design and location of all fences shall be reviewed and approved by the Community Development Director prior to issuance of any building permits for the project. Fencing along the property lines shall be replaced at the expense of the applicant, unless it is determined to be in good condition by the Community Development Director. 8. Property Maintenance: The property is to be maintained free of any combustible trash, debris, and weeds until the time that actual construction commences. Any vacant existing structures shall be secured, by having windows boarded up and doors sealed shut, or be demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). 9. Utility Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to installation of PG&E utility (transformer) boxes and San Jose Water Company back- flow preventers, indicating the location of the boxes and screening (if the boxes are above ground) for approval by the Community Development Director. 10. On-Site Lighting: On-site lighting shall be shielded away from adjacent properties and directed on site. The design and type of lighting fixtures and lighting intensity of any proposed exterior lighting for the project shall be reviewed and approved by the Community Development Director prior to installation of the lighting for compliance with all applicable Conditions of Approval, ordinances, laws and regulations. Lighting fixtures shall be of a decorative design to be compatible with the residential development and shall incorporate energy saving features. 11. Construction Mitigation Measures: The applicant shall implement the following construction mitigation measures: a. Construction activities will be limited to daytime hours of 8:00 am to 5:00 p.m. weekdays and 9:00 a.m. to 4:00 p.m. Saturdays. Construction is prohibited on Sundays and Holidays unless an exception is granted by the Building Official. b. No pile driving is allowed for construction of the project. c. All internal combustion engines for construction equipment used on the site will be properly muffled and maintained. City Council Resolution PLN2005-58 - 725 W. Hacienda Avenue-Planned Development Permit Page 5 d. All stationary noise generating construction equipment, such as air compressors and portable power generator, will be located as far as practical from the existing residences and businesses. e. All active construction areas shall be watered at least twice daily. f. Cover all trucks hauling soil and other loose materials stationed or prior to leaving the site. g. Pave, apply water, or apply non-toxic soil stabilizers on all unpaved surfaces, and staging areas at the construction site. 12. Parking and Driveways: a. All parking and driveway areas shall be developed in compliance with the approved plans and Chapter 21.28 (Parking and Loading) of the Campbell Municipal Code. b. The applicant shall provide a decorative pavement material within the common access driveway, uncovered parking spaces, and walkways for the project. The design and material to be used for the decorative pavement shall be indicated on the building permit plans and will be reviewed and approved by the Community Development Director prior to the issuance of building permits. 13. Covenants, Codes and Restrictions (CC&R'sZ Prior to recordation of the Parcel Map, the applicant shall submit for review and approval by the City a copy of the draft CC&R's which shall include the following: a. Formation of a Homeowner's Association; b. Continued architectural controls to ensure the architectural integrity of the project, including a provision that ensures that shared building walls and roofs are repaired, repainted, and/or replaced as necessary; c. Definition of common areas to be maintained and provision of maintenance for these areas; d. Provision of a funding mechanism to ensure maintenance and upkeep of common areas; e. Provision for the availability of interior garage space for the parking of two vehicles at all times; and f. Provision to prohibit the use of outside parking spaces for storage purposes, including boats, trailers, and recreational vehicles. 14. Contractor Contact Information Posting: The project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street prior to issuance of building permits. City Council Resolution. PLN2005-58 - 725 W. Hacienda Avenue-Planned Development Permit Page 6 15. Utilities: All new on-site utilities shall be installed underground per section 21.18.140 (Undergrounding of Utilities) of the Campbell Municipal Code. 16. Roof Vents: The applicant shall coordinate mechanical and plumbing plans to minimize the number of roof vents that are visible from the street frontage. The applicant shall provide the location of such vents on the building plan elevations and roof plans, to the satisfaction of the Community Development Director, prior to issuance of building permits. Building Division: 17. Permits Required: A building permit application shall be required for each new townhouse living unit. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 18. 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. 19. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 20. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 inches by 36 inches. 21. 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. 22. 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. 23. 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 City Council Resolutior~ PLN2005-58 - 725 W. Hacienda Avenue-Planned Development Permit Page 7 24. Title 24 Energy Compliance: California Title 24 Energy Compliance forms CF-1 R and MF-1 R shall be blue-lined on the construction plans. 8'/2 X 11 calculations shall be submitted to the Building Division. 25. 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. 26. Non-Point Source Pollution Control: The City of Campbell standard Santa Clara Valley Non-point Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet (size 24" X 36") is available at the Building Division service counter. 27. P.G.&E.: The applicant is advised to contact P.G.&E. as early as possible in the approval process. Service installations, changes and/or relocations may require substantial scheduling time and can cause significant delays in the approval process. The applicant should also consult with P.G.&E. concerning utility easements, distribution pole locations and required conductor clearances. 28. 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. 29. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. West Valley Sanitation District (378-2407) b. Santa Clara County Fire Department (378-4010) c. Bay Area Air Quality Management District (Demolitions Only) d. School District: i. Campbell Union School District (378-3405) ii. Campbell Union High School District (371-0960) iii. Moreland School District (379-1370) iv. Cambrian School District (377-2103) Note: To determine your district, contact the offices identified above. Obtain the School District payment form from the City Building Division, after the Division has approved the building permit application. City Council Resolution PLN2005-58 - 725 W. Hacienda Avenue-Planned Development Permit Page 8 FIRE DEPARTMENT 30. Formal Plan Review: Review of this development proposal is limited to accessibility of site access and water supply as they pertain to fire department operations, and shall mot be construed as a substitute for formal plan review to determine compliance with adopted model codes. Prior to performing any work the applicant shall make application to, and receive from, the Building Division all applicable construction permits. 31. Required Fire Flow: The required fire flow for this project is 1,750 gpm at 20 psi residual pressure. The required fire flow is available from area water mains and fire hydrant(s), which are located at the required spacing. 32. Fire Apparatus (Engine) Access Roads Required: Provide access roadways with a paved all weather surface, a minimum unobstructed width of 20 feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 36 feet outside and 23 feet inside. Installations shall conform to Fire Department Standard Details and Specifications Sheet A-1. Roadway at unit 4 parking and throughout the site shall be widened to 20-feet in width. 33. Fire Lane Marking Required: Provide marking for all roadways within the project. Markings shall be per Fire Department specifications. Installations shall also conform to Local Government Standards and Fire Department Standard Details and Specifications Sheet A-6. 34. Parkins Along Roadways: The required width of fire access roadways shall not be obstructed in any manner and parking shall not be allowed along roadways less than 28 feet in width. 35. Timing of Required Roadway Installations: Required access roads, up through first lift of asphalt, shall be installed and accepted by the Fire Department prior to the start of combustible construction. During construction, emergency access roads shall be maintained clear and unimpeded. Note that building permit issuance will be withheld until installations are complete. 36. Premises Identification: Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background. PUBLIC WORKS DEPARTMENT 37. Parcel Map: Prior to issuance of any grading or building permits for the project, the applicant shall submit a parcel map for recordation upon approval by the City. The applicant shall also submit the map in a digital format acceptable to the City. The current plan check fee is $3,400 plus $75 per lot. City Council Resolution . PLN2005-58 - 725 W. Hacienda Avenue-Planned Development Permit Page 9 38. Preliminary Title Report: Upon submittal of the parcel map, the applicant shall provide a current Preliminary Title Report. 39. Right-of-Way for Public Street Purposes: Upon recordation of the parcel map, the applicant shall fully complete the process to cause additional right-of-way to be granted in fee for public street purposes along the Hacienda Avenue frontage to accommodate a 45-foot half street width. The applicant shall submit the necessary documents for approval by the City Engineer, process the submittal with City staff's comments, and fully complete the right-of--way process. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 40. Public Service Easement: Prior to or upon recordation of the parcel map, the applicant shall grant a 10 foot public service easement on private property contiguous with the public right-of-way along the Hacienda Avenue frontage. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 41. Monumentation for Parcel Map: Prior to recordation of the parcel map, the applicant shall provide a cash deposit for setting all monuments shown on the map. Monuments shall be set per section 20.76.010 of the Campbell Municipal Code. 42. Street Improvements: Prior to recordation of the parcel map, the applicant shall execute a street improvement agreement, shall 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. Show location of afl existing utilities within the new and existing public right-of- way. b. Relocation of all existing facilities, including utility boxes, covers, poles, etc. outside the sidewalk area. No utility boxes, covers, poles, etc. will be allowed in the sidewalk area. c. Construction of ADA compliant driveway approach. d. Construction of curb, gutter, and detached sidewalk along the property frontage. e. Installation of street trees, turf, and irrigation at 30 feet on center. f. Installation of a street light in accordance with the Street Lighting Policies of the City of Campbell. g. Removal of existing pavement to street centerline. h. Construction of a new pavement structural section across the property frontage to the street centerline of Hacienda Avenue. i. Installation of traffic controls, stripes, and signs as appropriate. j. Protection and relocation of utilities as necessary. City Council Resolution PLN2005-58 - 725 W. Hacienda Avenue-Planned Development Permit Page 10 k. Construction of conforms to existing public and private improvements as necessary. 43. Maintenance of Landscaping: Current and future owner(s) are required to maintain the landscaped park strip in the public right-of-way. This includes, but is not limited to: trees, lawn, plantings, irrigation, etc. Trees shall not be pruned in a manner that would not allow the tree to grow to a mature height. 44. 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- wayline. 45. Soils Reports Prior to issuance of any grading or building permits for the site, applicant shall provide a Soils Report prepared by a registered geotechnical or civil engineer to determine the required pavement section. 46. Utilities: All new on-site Utilities shall be installed underground per Section 21.18.140 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. 47. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. The plan shall clearly show the location and size of all existing utilities and the associated main lines; indicate which utilities and services are to remain; which utilities and services are to be abandoned, and where new utilities and services will be installed. Joint trenches for new utilities shall be used whenever possible. 48. Pavement Restoration: Based on the utility coordination plan, the applicant shall prepare a pavement restoration plan for approval by the City Engineer prior to any utility installation or abandonment. Streets that have been reconstructed or overlaid within the previous five years will require boring and jacking for all new utility installations. This property is located on the north side of Hacienda Avenue between Capri Drive and Virginia Avenue and has not been resurfaced during the last five years.. The pavement restoration plan shall indicate how the street pavement shall be restored following the installation or abandonment of all utilities necessary for the project. 49. Grading and Drainage Plan: Prior to issuance of any grading or building permits for the site, the applicant shall conduct hydrology studies based on a 10 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 City Council Resolution PLN2005-58 - 725 W. Hacienda Avenue-Planned Development Permit Page 11 the California Building Code including Chapters 10, 11, 18, 33, and Appendix Chapter 33. 50. 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 $2,385 per net acre, which is $814. 51. 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. Specifically the project must include source control, site design and treatment measures to achieve compliance with Provision C.3. of the NPDES Permit. Measures may include, but are not limited to, minimization of impervious surface area, vegetated swales, infiltration areas, and treatment devices. 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 Meef Development Standards for Stormwater Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. Prior to occupancy, a qualified BMP certifier is required to inspect the stormwater management facilities, submit a complete set of as-built drawings to Public Works Engineering, and certify on these drawings that: a. The stormwater management facilities were constructed in compliance with the approved plans. b. The as-built drawings show all pertinent constructed dimensions, elevations, shapes, and materials. c. All variations in construction from the approved design plan have been identified, including omissions to and additions from the approved plan. d. Any changes are in conformance with local, state, or federal regulations. 52. Operation and Maintenance of Stormwater Pollution Prevention Measures: Prior to recordation of the final map, the applicant shall execute a covenant to provide City Council Resolutioi PLN2005-58 - 725 W. Hacienda Avenue-Planned Development Permit Page 12 security for the operation and maintenance of stormwater pollution prevention measures installed or provided as a part of this project. 53. Covenants, Conditions, and Restrictions: Provide copies of CC&R's for review by the City prior to recordation of the parcel map and CC&R's. 54. Demolition: Prior to recording of the Parcel Map the applicant shall obtain a Demolition Permit to remove any nonconforming structures. PASSED AND ADOPTED this aotn day of september , 2005, by the following roll call vote: AYES: COUNCILMEMBERS: Burr, xernandez, Furtado, caatson, xennedy NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None APPRO N~~'~~~'~~ ne P. Kennedy, Mayor J ATTEST: ~~ Anne Bybee, City Clerk 6}-+t FILE rsm rH5? ,,,,,,•~w,, aTT'~a'z: a. e,y,,~,- CRY ARK. ~~ ,moo ~..,~~ uS ~•C ~4•° g~, - '~r © o ~~~ 1~ G • ~RCHAR9 City- Council Report Item: , .. io = Category: Public Hearing Date: September 20, 2005 TITLE Public Hearing to consider the application of Mr. Amir Khojasteh, on behalf of Mr. Richard Morgan, for a Zoning Classification Change (PLN2005-57) from R-D (Two Family District) to P-D (Planned Development); a Planned Development Permit (PLN2005-58) to allow the construction of four townhomes; and a Tentative Parcel Map (PLN2005-59) to allow the creation of four lots and one common lot on property owned by Mr. Richard Morgan located at 725 W. Hacienda Avenue in the R-D (Multiple-Family Residential) Zoning District. RECOMMENDATION The Planning Commission recommends that the City Council take the following actions: 1. Take first reading of the attached Ordinance, incorporating the attached findings, approving a Zone Change from R-D (Two Family District)- to P-D (Planned Development). 2. Adopt a Resolution, incorporating the attached findings, approving a Planned Development Permit to allow the construction of four townhomes, subject to the attached conditions of approval. 3. Adopt a Resolution, incorporating the attached findings, approving a Tentative Parcel Map to allow the creation of four lots and one common lot, subject to the attached conditions of approval. ENVIRONMENTAL DETERMINATION The Planning Commission 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.