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PD & TS - 2007Doc#: 20467400 10/15/2009 926 AM When Recorded Mail To: City Clerk City of Campbell 70 N. First Street Campbell, CA 95008 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR RECIPROCAL INGRESS/EGRESS EASEMENT AND MAINTANANCE THEREOF This Declaration is executed and delivered as of the ~ day of ocTo (~..~ R , 2009 by Shahryar Soroosh, having an address at 115 Sunnyside Avenue (who is hereinafter referred to as "Owner"), in favor of and for the benefit of the City of Campbell, having a business address of 70 North First Street, Campbell, California 95008 (hereinafter referred to as "City"). WITNESSETH: WHEREAS, the Owner(s) are the sole owner in fee of certain real property commonly known as 115 Sunnyside Avenue, Campbell, California (Santa Clara County Assessor's Parcel Number APN 412-04-042, and more particularly described in Exhibit A (Legal Description) attached hereto and made a part hereof (hereinafter referred to as the "Subject Property"); WHEREAS, on March 4, 2008, the Owner received conditional approval by the City of Campbell for a Planned Development Permit for Parcel A and a Tentative Parcel Map to allow the creation of Parcel B (herein after referred to as the "Project"); WHEREAS; the approval of the Project was conditioned upon the Owner or his or her successor recording an agreement (hereinafter referred to as the "Covenant") to provide an easement for vehicle access (hereinafter referred to as the "Easement") within the newly created parcel described in Exhibit B, which is attached hereto, and made part hereof (hereafter referred to as "Parcel B"). NOW, THEREFORE, in consideration of the benefits bestowed on the Subject Property by the approval of the Project, Owner hereby declares, covenants, and agrees as follows: 1. Subject to satisfaction of the conditions set forth herein, Parcel A hereby covenants and grants to Parcel B a nonexclusive appurtenant easement for vehicular ingress and egress over the portion of Parcel A described in Exhibit C, which is attached hereto, and made a part thereof, or such portion thereof as determined to be reasonable and necessary by the City, which shall be effective on severance of title between Parcel A and Parcel B. 2. The ongoing maintenance and upkeep for the paved surface and landscape areas within the easement granted by this Covenant shall be the responsibility of Parcel B. 3. The weight of a vehicle using the reciprocal access shall be limited to a maximum gross vehicle weight of 5,000 pounds. 4. Nothing in this Covenant shall be construed as providing for reciprocal use of parking located on Parcel A. 5. The terms, covenants, conditions and restrictions set forth herein are for the mutual benefit of the City and its real property, Parcel A and Parcel B. The covenants contained in this Declaration shall be binding upon Owner and inure to the benefit of City, and their respective successors and assigns. 6. The covenants granted, reserved or otherwise set forth herein shall be appurtenant to and run with the land, and shall in all respects constitute covenants running with the land pursuant to applicable California law, enforceable by the City at law and in equity. 7. This Declaration may not be amended, modified, altered or changed unless in writing, in recordable form, approved by City. IN WITNESS THEREOF, Owners have executed this Declaration as of the first date set forth above. OWNER: NAME (PRINT) SIGNATURE DATE Notarized Signature Required --The Campbell Little League will be having its Opening Day Ceremony on Saturday, March 15 at the field on Hamilton Avenue. --Judy Collins will be performing at the Heritage Theatre on Saturday, March 15. For tickets contact the box office at 866-2700. --The Chamber of Commerce will be honoring the Citizen of the Year and Business of the Year on Saturday evening, March 29. PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES 10. Application of Mr. Shahryar Soroosh for a Planned Development Permit (PLN2007-140) to allow the construction of a new two-story single-family home and a Tentative Parcel Map (PLN2007-141) to subdivide one property into two parcels on property located at 115 Sunnyside Avenue in a P-D (Planned Development) Zoning District (Resolution/Roll Call Vote) This is the time and place for a public hearing to consider the application of Mr. Shahryar Soroosh for a Planned Development Permit (PLN2007-140) to allow the construction of a new two-story single-family home and a Tentative Parcel Map (PLN2007-141) to subdivide one property into two parcels on property located at 115 Sunnyside Avenue in a P-D (Planned Development) Zoning District. Planner (Prosser -Staff Report dated March 4, 2008. Mayor Burr declared the public hearing open and asked if anyone in the audience wished to be heard. There being no one wishing to speak, Mayor Burr closed the public hearing. M/S: Kennedy/Furtado -that the City Council adopt Resolution 10880 approving a Planned Development Permit (PLN 2007-140) to allow the construction of a new two-story single-family home on property owned by Mr. Shahryar Soroosh located at 115 Sunnyside Avenue in a PD (Planned Development) Zoning District, subject to Conditions of Approval; and adopt Resolution 10881 approving a Tentative Parcel Map (PLN2007-141) to subdivide one property into two parcels on property owned by Mr. Shahryar Soroosh located at 115 Sunnyside Avenue in a PD (Planned Development) Zoning District, subject to Conditions of Approval. Motion adopted by the following roll call vote: AYES: Councilmembers: Furtado, Kennedy, Low, Hernandez, Burr NOES: Councilmembers: None Minutes of 3/4/2008 City Council Meeting 4 City Clerk's Office March 5 , 2008 Mr. Shahryar Soroosh P O Box 320963 Los Gatos, CA 95032 Dear Mr. Soroosh: At the regular meeting of March 4, 2008, the City of Campbell City Council held a public hearing to consider your application for a Planned Development Permit (PLN 2007-140) to allow the construction of a new single family residence and a Tentative Parcel Map (PLN 2007-141) to create two residential lots on property located at 115 Sunnyside Avenue in a P-D (Planned Development) Zoning District. After hearing public testimony, and following City Council discussion and deliberation, the Campbell City Council took the following action: 1. Adopted Resolution No. 10880 approving a Planned Development Permit (PLN 2007- 140) to allow the construction of a new two-story single-family residence on property located at 115 Sunnyside Avenue, in a Planned Development Zoning District, subject to findings and the attached Conditions of Approval; and 2. Adopted Resolution No. 10881 approving a Tentative Parcel Map (PLN 2007-141) to subdivide one property into two parcels on property located at 115 Sunnyside Avenue in a Planned Development Zoning District, subject to findings and the attached Conditions of Approval. A certified copy of the above mentioned Resolutions is attached for your records. Please note that 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. Continued ... Page 2 - 115 Sunnyside Avenue, cont..... Should you have any questions in regard to the City Council's action, please do not hesitate to contact this office (866-2117) or Steve Prosser, Planner I, Community Development Department. Sincerely, Anne Bybee City Clerk Attachments cc. Mark Snow, P O Box 321091, Los Gatos, CA 95032 Steve Prosser, Planner I, Comm. Development Dept. .. MEMORANDUM To: Steve Prosser From: City Clerk Date: March 5, 2008 Subject: PD Permit (PLN 2007-140) and Tentative Parcel Map (PLN 2007-141) - 11 5 Sunnyside Avenue At the regular meeting of March 4, 2008, the City Council held a public hearing to consider the application of Mr. Shahryar Soroosh for a Planned Development Permit (PLN 2007-140) to allow the construction of a new single family residence and a Tentative Parcel Map (PLN 2007-141) to create two residential lots on property located at 115 Sunnyside Avenue in a P-D Zoning District. After public testimony, and following Council discussion, the City Council took the following action: Adopted Resolution 10880 approving a Planned Development Permit (PLN 2007-140) to allow the construction of a new two-story single-family residence on property located at 115 Sunnyside Avenue, in a Planned Development Zoning District, subject to findings and the attached Conditions of Approval; and 2. Adopted Resolution No. 10881 approving a Tentative Parcel Map (PLN 2007- 141) to subdivide one property into two parcels on property located at 115 Sunnyside Avenue in a Planned Development Zoning District, subject to findings and the attached Conditions of Approval. A certified copy of the above mentioned Resolutions is attached for your records, together with a copy of the letter written to the applicant as follow-up to the City Council's action. Attachment: RESOLUTION NO. 10880 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A PLANNED DEVELOPMENT PERMIT (PLN2007-140) TO ALLOW THE CONSTRUCTION OF A NEW TWO- STORY SINGLE-FAMILY HOME ON PROPERTY OWNED BY MR. SHAHRYAR SOROOSH LOCATED AT 115 SUNNYSIDE AVENUE IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. SHAHRYAR SOROOSH. FILE NO: PLN2007-140. After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. The City Council finds as follows with regard to File No. PLN2007-140: 1. The density of the proposed project site is 8.7 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 project site is currently developed with asingle-family home with an attached garage, currently under construction. The subject property is located on the north side of Sunnyside Avenue, east of the intersection of Industrial Way and Sunnyside Avenue, and is surrounded by residential uses on all sides. 4. The site plan proposes the construction of one single family residence to the rear of an existing single family residence, each on individual lots. The residence on the rear parcel (Parcel B) would take vehicular access from an ingress/egress easement driveway recorded against the front parcel (Parcel A). The residence on the front parcel would take vehicular access from their private driveway from Sunnyside Avenue. 5. The project provides a total of 7 parking spaces, where 7 spaces are required. 6. The proposed project would consist of two single family residences with a total building coverage of 42%, landscaping coverage of 39%, and paving coverage of 19%. 7. The proposed project will have an overall floor area ratio of 0.59. 8. The conceptual landscaped areas show trees, shrubs and grass to be planted. The proposed landscaping represents 39% of the total lot area. 9. The project qualifies as Categorically Exempt under Section 15303, Class 3 of the California Environmental Quality Act (CEQA). -~ t~ p` ~~~~ .. .. ... .. ..ri i _. 3/G ~Od r . ~ City Council Resolution PLN2007-140 - 115 Sunnyside Avenue -Planned Development Permit Page 2 Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. The proposed development will result in a more desirable environment and use of the land than would be possible under any other zoning classification. 2. The development will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 3. The proposed development will not result in allowing more residential units than would be allowed by other residential zoning districts, which are consistent with the General Plan designation of the property. 4. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 5. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. 6. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 7. No substantial evidence has been presented which shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. THEREFORE, BE IT RESOLVED that the City Council approves a Planned Development Permit (PLN2007-140) to allow the construction of a new two-story single- family home on property owned by Mr. Shahryar Soroosh located at 115 Sunnyside Avenue in a P-D (Planned Development) Zoning District. Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. City Council Resolution i PLN2007-140 - 115 Sunnyside Avenue -Planned Development Permit Page 3 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division: 1. Approved Project: Approval is granted for a Planned Development Permit (PLN2007-140) to allow the construction of a new single family residence to the rear of an existing single family residence located at 115 Sunnyside Avenue. The building design and site design shall substantially conform to the project exhibits listed below, except as may be modified by the conditions of approval herein: a. Revised Project plans prepared by Mark Snow & Associates and stamped as received by the Planning Division on January 31, 2008. b. Tentative Parcel Map prepared by SMP Engineers and stamped as received by the Planning Division on January 31, 2008. c. Colored elevation and material board stamped as received by the Planning Division on November 20, 2007. 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. Project Materials: The applicant shall provide cut sheets for the lap siding material, windows, and garage doors and details and color of trim to be used between the lap siding and stucco, and porch columns and rails for review and approval by the Community Development Director prior to obtaining Planning Department clearance for the issuance of all building permits. 5. Privacy Impacts: Obscure glass on all second story bathroom windows shall be incorporated into the project design. The applicant shall submit a materials sample, prior to the issuance of building permits, for review and approval by the Community Development Director. City Council Resolution ~ r PLN2007-140 - 115 Sunnyside Avenue -Planned Development Permit Page 4 6. 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 driveway materials shall consist of stamped concrete as shown on the proposed project plans dated January 31, 2008. c. The applicant shall provide a decorative pavement material for the walkways. 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. 7. Landscape and Irrigation Plan: The applicant shall submit a final landscape and irrigation plan to the Planning Division, prior to the issuance of building permits, for review and approval by the Community Development Director. The landscape and irrigation plan shall substantially conform with the approved conceptual landscape plan and the City's Water Efficient Landscaping Standards (WELS). 8. Easements: Upon recordation of the Parcel Map, the applicant shall cause Easements to be recorded as shown on the approved Tentative Parcel Map for private utilities, private storm drains, reciprocal ingress and egress, etc. 9. Park Impact Fee: The applicant shall pay the current park impact fee, based on a density range of six to thirteen units per gross acre, for the development of the site. Prior to recordation of the Parcel Map, 75% of this fee is due and the remaining 25% is due prior to issuance of a certificate of building occupancy. 10. 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/developer. 11. Fence along Ingress/Egress Easement: The installation of fencing of any type is prohibited along the western edge of the ingress/egress easement from the front property line to the northeast corner of the existing residence located of Parcel A. 12. 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). City Council Resolution i PLN2007-140 - 115 Sunnyside Avenue -Planned Development Permit Page 5 13. 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. 14. 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. 15. 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. 16. Construction Activities: The applicant shall abide by the following requirements during construction: a. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00 p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take place on Sundays or holidays unless an exception is granted by the Building Official. b. Truck routes to and from the construction site should be established and submitted to the City for review and approval prior to issuance of a building permit. These truck routes shall avoid access to the project site via residential streets where possible. c. All construction equipment with internal combustion engines used on the project site shall be properly muffled and maintained in good working condition. d. Unnecessary idling of internal combustion engines shall be strictly prohibited. e. All stationary noise-generating construction equipment, such as air compressors and portable power generators, shall be located as far as possible from noise- sensitive receptors such as existing residences and businesses. f. Prior to the issuance of building permits, the project site shall be posted with the name and contact number of the lead contractor and construction hours in a location visible from the public street so that the contractor can be made aware of noise complaints. g. Construction equipment, vehicles, and workers associated with the development of the project shall not be permitted to park on any residential streets. h. Use dust-proof chutes for loading construction debris onto trucks. i. Water or cover stockpiles of debris, soil, and other materials that can be blown by the wind. j. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard. City Council Resolution r PLN2007-140 - 115 Sunnyside Avenue -Planned Development Permit Page 6 k. Sweep daily (with water sweepers) all paved access roads, parking areas, and staging areas at the construction site. I. Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets, as directed by the City Engineer. m. Enclose, cover, water twice daily or, or apply (non-toxic) soil stabilizers to exposed stockpiles (dirt, sand, etc.). 17. Utilities: All new on-site utilities shall be installed underground per section 21.18.140 (Undergrounding of Utilities) of the Campbell Municipal Code. 18. 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: 19. Permits Required: A separate building permit application shall be required for the proposed new single family dwelling and the complete remodeling and addition to the existing structure. The building permits shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 20. Soils Resort: 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. 21. Plan Preparation: Portions of this project require 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. 22. Construction Plans: The conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 23. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 24. Site Plan: Applications for building permits shall include competent engineer prepared site plans that identify each property and the proposed structures with dimensions and elevations as appropriate. Site plan shall also include thorough site drainage details. City Council Resolution PLN2007-140 - 115 Sunnyside Avenue -Planned Development Permit Page 7 25. Foundation Inspection: 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 engineer for the following items: a. pad elevation b. finish floor elevation (first floor) c. foundation corner locations 26. Title 24 Energy Compliance: California Title 24 Energy Compliance forms Cf-1 R and MF-1 R shall be blue-lined on the construction plans. 8'/2 X 11 calculations shall be submitted as well. 27. Special Inspections: When a special inspection is required by C.B.C. Chapter 17, 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 C.B.C Section 106. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 28. 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. 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. 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. d. Bay Area Air Quality Management District (Demolitions Only) City Council Resolution PLN2007-140 - 115 Sunnyside Avenue -Planned Development Permit Page 8 30. 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. 31. 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. 32. Declaration of Intent to Occupy: The applicant shall obtain a "Declaration of Intent to Occupy" form from Building Inspection Division. Applicant shall complete the form and return it to the Building Division upon submittal of application for permit. PUBLIC WORKS DEPARTMENT 33. Applicable Building Code: This project is subject to requirements under the 2007 California Building Code. Applicant must demonstrate that residential exterior walls located within 5 feet of the property line are of 1-hour fire resistive construction. Up to 25% of the exterior wall area is permitted to have unprotected openings (windows) for exterior walls 3 to 5 feet from property lines. Applicant shall indicate proposed window area totals for all exteriors walls within 5 feet of property line. 34. Proof of Ownership: Prior to issuance of any grading, drainage or building permits for the site, the applicant shall provide a current Preliminary Title Report, grant deed, or other satisfactory proof of ownership. 35. Tentative Parcel Map: The applicant shall submit a complete and accurate tentative parcel map in accordance with the Planning Division's checklist and pay the required Planning Department fees. 36. 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, pay various fees/deposits and submit the map in a digital format acceptable to the City. 37. Right-of-Way for Public Street Purposes: Prior to the issuance of any grading or building permits for the site, the applicant shall fully complete the process to cause a five foot Public Service Easement and Sidewalk Easement to be granted in fee for public street purposes along the Sunnyside Avenue frontage. 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 City Council Resolution PLN2007-140 - 115 Sunnyside Avenue -Planned Development Permit Page 9 applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 38. 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 the existing driveway approach and necessary sidewalk, curb and gutter. b. Installation of ADA compliant driveway approach and necessary sidewalk, curb and gutter. c. Installation of traffic control, strips and signs as necessary. d. Construction of conforms to existing public and private improvements, as necessary. e. Pavement restoration over all trenches needed for utility connections. (See items #40 and #41). 39. Utilities: All on-site utilities shall be installed underground per Section 21.18.140 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. 40. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter and sewer cleanout shall be relocated onto private property behind the public right-of- way line. 41. 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. 42. Pavement Restoration: Based on the utility coordination plan, the applicant shall prepare a pavement restoration plan for approval by the City Engineer prior to any utility installation or abandonment. Streets that have been reconstructed or overlaid within the previous five years will require boring and jacking for all new utility installations. Sunnyside Avenue has not been overlaid 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. City Council Resolution PLN2007-140 - 115 Sunnyside Avenue -Planned Development Permit Page 10 43. Utility Encroachment Permit: Separate permits for the installation of utilities to serve the development will be required (including water, sewer, gas, electric, etc.). Applicant shall apply for and pay all necessary fees for utility permits for sanitary sewer, gas, water, electric and all other utility work. 44. Additional Street Improvements: Should it be discovered after the approval process that new utility main lines, extra utility work or other work is required to service the development, and should those facilities or other work affect any public improvements, the City may add conditions to the development/project/permit, at the discretion of the City Engineer, to restore pavement or other public improvements to the satisfaction of the City. 45. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding stormwater pollution prevention. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay. Resources to achieve these objectives include Stormwater Best Management Practices Handbook for New Developmenf 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. 46. Occupancy: Prior to allowing occupancy for any and/or all buildings, the applicant shall have the required street improvements installed and accepted by the City, and the design engineer shall submit as-built drawings to the City. FIRE DEPARTMENT 47. Required Fire Flow: The fire flow for this project is 1000 gpm at 20 psi residual pressure. The required fire flow is available from area water mains and fire hydrant(s) which are paced at the required spacing. 48. Required Access to Water Supply (Hydrants): Portions of the structure(s) are greater than 150 feet of travel distance from the centerline of the roadway containing public fire hydrants. Provide an on-site fire hydrant OR, provide an approved fire sprinkler system throughout all portions of the building, designed per national Fire Protection Association (NFPA) Standard #13D and local ordinances. The fire City Council Resolution PLN2007-140 - 115 Sunnyside Avenue -Planned Development Permit Page 11 sprinkler system supply valuing shall be installed per Fire Department Standard Detail & Specifications W-1/SP-6. 49. Protect Plans: To prevent review and inspection delays, the Conditions of Approval shall be addressed as "notes" on all pending and future plan submittals and any referenced diagrams to be reproduced onto the future plan submittal. PASSED AND ADOPTED this 4th day of March , 2008, by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ATTEST Furtado, Kennedy, Low, Hernandez, Burr None None None APPROVE `• _ Donald R. Burr, Mayor -~~~-J' ` Anne Bybee, City Clerk RESOLUTION NO. 10881 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A TENTATIVE PARCEL MAP (PLN2007- 141) TO SUBDIVIDE ONE PROPERTY INTO TWO PARCELS ON PROPERTY OWNED BY MR. SHAHRYAR SOROOSH LOCATED AT 115 SUNNYSIDE AVENUE IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. SHAHRYAR SOROOSH. FILE NO: PLN2007-141. After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. The City Council finds as follows with regard to File No. PLN2007-141: 1. The creation of two residential lots is consistent with the Low-Medium Density Residential (6-13 units per gross acre) General Plan land use designation for the property. 2. The proposed density of 8.7 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 Tentative Parcel Map is consistent with the Planned Development Zoning designation. 4. The project includes provisions for access to natural air and light for all of the units. 5. 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. 6. The project qualifies as Categorically Exempt under Section 15315, Class 15 of the California Environmental Quality Act (CEQA). Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. The proposed Tentative Parcel Map is consistent with the General Plan and Zoning Ordinance of the City. 2. The 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. ~'~ iH~ r3~.~,;.,.. . (i ~: ; _ _. CLERK, CITY .., Y ...._ .~~ ~ (0~ ... J _. _..,...~.. .... ........... City Council Resolution PLN2007-141 - 115 Sunnyside Avenue -Tentative Parcel Map Page 2 3. The design of the Tentative Parcel Map provides, to the extent feasible, for future passive or natural heating and cooling opportunities. 4. The development and uses will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 5. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. 6. 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. THEREFORE, BE IT RESOLVED that the City Council approves a Tentative Parcel Map (PLN2007-141) to subdivide one property into two parcels on property owned by Mr. Shahyrar Soroosh located at 115 Sunnyside Avenue to a P-D (Planned Development) Zoning District. Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. COMMUNITY DEVELOPMENT DEPARTMENT Planning Division: 1. Approved Protect: Approval is granted for an Approval of a Tentative Parcel Map (PLN2007-141) to create two residential lots on property located at 115 Sunnyside Avenue. The Tentative Parcel Map shall substantially conform to the Tentative Parcel Map prepared by SMP Engineers and stamped as received by the Planning Division on January 31, 2008, except as may be modified by the Conditions of Approval herein. 2. Approval Expiration: The Approval of the Tentative Parcel Map is for a period of two years, unless an extension is granted prior to the expiration date. Failure to record the Parcel Map before this date shall render the Tentative Parcel Map void. 3. Park Impact Fee: The applicant shall pay the current park impact fee, based on a density range of six to thirteen units per gross acre, for the development of the site. Credit shall be given for any existing single-family residence to be demolished. Prior City Council Resolution PLN2007-141 - 115 Sunnyside Avenue -Tentative Parcel Map Page 3 to recordation of the Parcel Map, 75% of this fee is due and 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. Easements: Upon recordation of the Parcel Map, the applicant shall cause Easements to be recorded as shown on the approved Tentative Parcel Map for private utilities, private storm drains, reciprocal ingress and egress, etc. PUBLIC WORKS DEPARTMENT 7. Proof of Ownership: Prior to issuance of any grading, drainage or building permits for the site, the applicant shall provide a current Preliminary Title Report, grant deed, or other satisfactory proof of ownership. 8. Tentative Parcel Map: The applicant shall submit a complete and accurate tentative parcel map in accordance with the Planning Division's checklist and pay the required Planning Department fees. 9. 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, pay various fees/deposits and submit the map in a digital format acceptable to the City. 10. Right-of-Way for Public Street Purposes: Prior to the issuance of any grading or building permits for the site, the applicant shall fully complete the process to cause a five foot Public Service Easement and Sidewalk Easement to be granted in fee for public street purposes along the Sunnyside Avenue frontage. 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. 11. Demolition: Prior to recording of the parcel map, the applicant shall obtain a demolition permit and remove any nonconforming structures if necessary. 12. 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 City Council Resolution PLN2007-141 - 115 Sunnyside Avenue -Tentative Parcel Map Page 4 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 the existing driveway approach and necessary sidewalk, curb and gutter. b. Installation of ADA compliant driveway approach and necessary sidewalk, curb and gutter. c. Installation of traffic control, strips and signs as necessary. d. Construction of conforms to existing public and private improvements, as necessary. e. Pavement restoration over all trenches needed for utility connections. (See items #14 and #15). 13. Utilities: All on-site utilities shall be installed underground per Section 21.18.140 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. 14. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter and sewer cleanout shall be relocated onto private property behind the public right-of- way line. 15. 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. 16. Pavement Restoration: Based on the utility coordination plan, the applicant shall prepare a pavement restoration plan for approval by the City Engineer prior to any utility installation or abandonment. Streets that have been reconstructed or overlaid within the previous five years will require boring and jacking for all new utility installations. Sunnyside Avenue has not been overlaid 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. 17. Utility Encroachment Permit: Separate permits for the installation of utilities to serve the development will be required (including water, sewer, gas, electric, etc.). Applicant shall apply for and pay all necessary fees for utility permits for sanitary sewer, gas, water, electric and all other utility work. City Council Resolution PLN2007-141 - 115 Sunnyside Avenue -Tentative Parcel Map Page 5 18. Additional Street Improvements: Should it be discovered after the approval process that new utility main lines, extra utility work or other work is required to service the development, and should those facilities or other work affect any public improvements, the City may add conditions to the development/project/permit, at the discretion of the City Engineer, to restore pavement or other public improvements to the satisfaction of the City. 19. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding stormwater pollution prevention. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay. Resources to achieve these objectives include Stormwater Best Management Practices Handbook for New Development and Redevelopment ("CA BMP Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for Stormwater Quality Protection ("Start at the Source") by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Stormwater Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. 20. Occupancy: Prior to allowing occupancy for any and/or all buildings, the applicant shall have the required street improvements installed and accepted by the City, and the design engineer shall submit as-built drawings to the City. PASSED AND ADOPTED this 4th day of March , 2008, by the following roll call vote: AYES: COUNCILMEMBERS: Furtado, Kennedy, Low, xernandez, Burr NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None APPRO ----__ Donald R. Burr, Mayor ~~~~ ~1 ATTEST: Anne Bybee, City Clerk ~ •C ~~.o ~~~ c~ ty Item: U ~r Category: Public Hearing 0 o Council Date: March 4, 2008 ~~ ~~~ Report • ~RCHAR9 TITLE Public Hearing to consider the application of Mr. Shahryar Soroosh for a Planned Development Permit (PLN2007-140) to allow the construction of a new single family residence and a Tentative Parcel Map (PLN2007-141) to create two residential lots on property owned by Mr. Shahryar Soroosh located at 115 Sunnyside Avenue in a P-D (Planned Development) Zoning District. RECOMMENDATION The Planning Commission recommends that the City Council take the following actions: 1. Adopt a Resolution, incorporating the attached findings, recommending that the City Council approve a Planned Development Permit to allow the construction of anew single family residence, subject to the attached Conditions of Approval. 2. Adopt a Resolution, incorporating the attached findings, recommending that the City Council approve a Tentative Parcel Map to create two residential lots, subject to the attached Conditions of Approval. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act (CEQA), 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 new construction or conversion of small structures; 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 Project Background: The subject property is currently developed with asingle-family residence under construction. The subject property is located on the north side of Sunnyside Avenue, just east of the intersection of Industrial Way and Sunnyside Avenue, adjacent to an alleyway to the north, and is surrounded by residential uses on all sides. City Council Report PLN2007-140/141 ~ 115 Sunnyside Avenue March 4, 2008 Page 2 of 5 On July, 7, 2007, the existing residence located on the proposed Parcel A received approval of an Administrative Planned Development Permit for a first and second story addition/remodel that included an attached tandem garage. An existing illegal secondary living unit that was located on the proposed Parcel B was demolished as part of the Administrative Planned Development Permit approval process. Planning Commission Action: The Planning Commission at its January 8, 2008 Planning Commission meeting continued this application in order for the applicant to address concerns regarding the size of the project. The Planning Commission requested that the applicant revisit the plans and lower the FAR from .73 to a Floor Area Ratio comparable to previously approved projects. The applicant submitted revised plans for review at the February 12, 2008 Planning Commission meeting that showed a reduction of the proposed residence in the rear lot by 300 sq. feet, reducing the FAR from .73 to .64 and reducing the overall project FAR from .62 to .59. The applicant also increased both the first and second floor side yard setbacks for the structure. The Planning Commission, acknowledging the work that the applicant had completed to reduce the size of the proposed residence, voted 5-1 (Commissioner Rocha abstained) to recommend that the City Council approve the revised proposal. DISCUSSION Project Description: The applicant is requesting approval of a Planned Development Permit to construct a new two-story single family residence to the rear of an existing (currently undergoing an extensive addition/remodel) single family residence and a Tentative Parcel Map to create two parcels from one parcel. The existing parcel is 8,700 square feet in net area. Parcel A would be 5,100 square feet and Parcel B would be 3,600 square feet. Vehicular access to Parcel B would be through a twelve foot wide ingress/egress easement across the east side of Parcel A (reference Attachment 5, Sheet TPM, Project Plans). General Plan Designation: The General Plan land use designation for the project site is Low to Medium Density Residential, which permits residential development with a range of 6 to 13 units per gross acre. Development with this General Plan density consists generally of duplexes, small apartment buildings, and small lot single-family detached homes when the P-D (Planned Development) Zoning Designation is utilized. The proposed project would be developed at a density of 8.7 units per gross acre, which is within the density range allowed for the site. The proposed project complies with the following General Plan Land Use Element Strategies: Policy LUT-5.2: Residential Neighborhoods: Maintain safe, attractive, pedestrian friendly residential neighborhoods with identifiable centers and consistent development patterns and a range of public and private services. City Council Report PLN2007-140/141 115 Sunnyside Avenue March 4, 2008 Page3of5 Strategy LUT-5.2a: Neighborhood Compatibility: Promote new residential development and substantial additions that are designed to maintain and support the existing character and development pattern of the surrounding neighborhood, especially in historic neighborhoods and neighborhoods with consistent design characteristics. Policy LUT-9.3: Design and Planning Compatibility: Promote high quality, creative design and site planning that is compatible with surrounding development, public spaces and natural resources. Strategy LUT-9.3e: Building Materials: Encourage the use of long-lasting, high quality building materials on all buildings to ensure the long-term quality of the built environment. Strategy LUT-17.1 b: Landscaping: Ensure that new developments provide new tree plantings, shrubs, greenery and other landscaping materials, and preserve existing trees and shrubs. Downtown Neighborhoods: The project site is located within an area subject to the General Plan Downtown Neighborhoods policies and strategies. The General Plan encourages the maintenance of the "small town" character of the neighborhoods surrounding Downtown by encouraging the preservation of important historical resources and encouraging new development compatible in scale with existing development. The design of the proposed project is compatible with the surrounding developments through the reduction of the height of the second floor, the floor area ratio and setbacks. The proposed project is consistent with the following policies and strategies for the Downtown Neighborhoods: Policy LUT-20.1: Compatibility: Ensure that new residential developments are designed to blend with existing building forms and be predominantly detached single-family units, as appropriate. Zoning Designation: The current zoning designation for the project site is P-D (Planned Development). With approval of a Planned Development Permit, the proposed project will be consistent with the P-D Zoning District. Tentative Parcel Map: The existing Parcel is 8,700 square feet in net area. Parcel 1 would be 5,100 square feet and Parcel 2 would be 3,600 square feet. The Planned Development zoning does not have a minimum lot size requirement but requires consistency with the surrounding area. The proposed lot sizes are consistent with other developments in the neighborhood. The P-D zoning shall be consistent with the underlying land use designation of the General Plan. The density allowed under the General Plan is 6-13 units per gross acre and the project density is proposed at 8.7 units per gross acre. City Council Report PLN2007-140/141 ~ 115 Sunnyside Avenue March 4, 2008 Page 4 of 5 The applicant's proposed project continues a trend on Sunnyside Avenue to the divide existing parcels to allow for the development of small lot single-family detached and/or duet townhomes, where one, smaller residence originally was constructed. The following is a short list of comparable approved and in process applications from 1998 to the present. Comparison Chart of Similar Projects on Sunnyside Avenue Year Address Lot 1 (sq. Lot 2 (sq. Density Overall ft.) ft.) FAR 1998 105 Sunnyside 5,100 3,600 8.5 .60 Ave. 2002 132 Sunnyside 4,726 4,410 7.4 .46 Ave. 2002 154 Sunnyside 4,500 4,200 8.5 .42 Ave. 2005 68 Sunnyside 4 lots total =average of 8.5 .65 Ave. 4,350 2008 115 Sunnyside 5,100 3,600 8.7 .59 Ave. 2008 45 Sunnyside 3, 612 5, 568 8.2 .57 Ave. (In Process) 2008 190 Sunnyside 4, 620 4, 080 8.7 .59 Ave. (In Process) Architecture: The proposed elevations for the rear house depict atwo-story Craftsman- influenced design consistent with the surrounding neighborhood with horizontal wood siding for the first floor and painted stucco for the second floor, wood trim, a decorative garage door with divided light panels, and a composition shingle roof (5 in 12 roof pitch). The proposed residence, including trim, would be of earth tone colors, with a dark brown roof. The residence would have a covered porch on both the front and rear of the residence and upgraded decorative garage and entry doors. The attached 2-car garage is proposed with a 25 foot driveway approach and turf block turn around (reference Attachment 5, Project Plans). The previously approved elevations for the front house also depict aCraftsman- influenced design (reference Attachment 6, Street View Color Elevation). The exterior building materials include stucco along the first floor and horizontal siding for the second floor separated by a bellyband, a decorative garage door with divided light panels, and a composition shingle roof. The exterior is gray in color with white trim and a gray roof. The residence includes a decorative front porch with stone wainscot columns and upgraded entry and garage door. As part of the application, a paved access way to the rear yard was approved to accommodate future development of the property. City Council Report PLN2007-140/141 March 4, 2008 115 Sunnyside Avenue Page 5 of 5 Landscaping/Trees: The applicant has submitted a Preliminary Landscape Plan (reference Attachment 5, Sheet L1, Project Plans). The preliminary landscape plans includes the installation of four 24" box Japanese Maples (two on each lot) and assorted shrubbery and sod. The driveway to the rear lot would be lined with six 24" box Plum trees and two six 24" box Chinese Pistachio within the landscape strips. Parkin A total of 7 parking spaces will be provided, 4 uncovered and 3 covered. Each single family residence will have a two car garage and at least 1 uncovered parking space. The residence on Lot A is providing a tandem 2-car garage with 1 uncovered space, while Lot B is proposing a conventional 2-car garage with 2 uncovered spaces. FISCAL IMPACTS Park Fees: Park fees will be due for the new residence on the proposed Lot B. Property Taxes: The proposed project would generate an undetermined increase in property tax revenues with the creation of and improvements on the proposed new parcel. ALTERNATIVES 1. Approve the proposed project subject to the current or additional and/or modified Conditions of Approval. 2. Deny the proposed project. 3. Continue for further review. ~~ Prepared by: . Steve Prosser, Planner I Reviewed by: ackie oung ind, Acting Community Development Director Approved by: Daniel Rich, City Manager Attachments: 1. Draft City Council Resolution (Planned Development Permit) 2. Draft City Council Resolution (Tentative Parcel Map) 3. Planning Commission Meeting Minutes (1/8/08 & 2/12/08) & Draft Resolutions 4. Planning Commission Staff Report 5. Project Plans, Colored Elevation, and Streetscape View, dated as received on 2/21 /08 of ' c~,y~ ;~ ~~ y y .a..aa~,~+,,. ti ~ `~ ~2~H ARC CITY of CAMPBELL Community Development Department February 13, 2008 Mr. Shahryar Soroosh P.O. Box 320963 Los Gatos, CA 95032 Re: PLN2007-140/141 -Planned Development Permit/Tentative Parcel Map - 115 Sunnyside Avenue Dear Applicant: Please be advised that at its meeting of February 13, 2008, the Planning Commission took the following actions: 1. Adopted Resolution No. 3865 recommending approval of a Planned Development Permit (PLN2007-140) to allow the construction of a new two- story single-family home; and 2. Adopted Resolution No. 3866 recommending approval of a Tentative Parcel Map (PLN2007-141) to subdivide one property into two parcels on the above- referenced property. This project will be reviewed by Council for final approval at its meeting of March 4, 2008. If you have any questions, please do not hesitate to contact me at (408) 866-2140. Sincerely, v Steve Prosser Planner I Cc: Mr. Mark Snow (Project Architect) P.O. Box 321091 Los Gatos, CA 95032 70 North First Street Campbell, California 9 5008-1 4 3 6 ~ Tet. 408.866.2140 Fnx 408.871.5140 r[~[~ 408.866.2790 RESOLUTION NO. 3865 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A PLANNED DEVELOPMENT PERMIT (PLN2007-140) TO ALLOW THE CONSTRUCTION OF A NEW TWO-STORY SINGLE-FAMILY HOME ON PROPERTY OWNED BY MR. SHAHRYAR SOROOSH LOCATED AT 115 SUNNYSIDE AVENUE IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. SHAHRYAR SOROOSH. FILE NO: PLN2007-140. After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. The Planning Commission finds as follows with regard to File No. PLN2007-140: 1. The density of the proposed project site is 8.7 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 project site is currently developed with asingle-family home with an attached garage, currently under construction. The subject property is located on the north side of Sunnyside Avenue, east of the intersection of Industrial Way and Sunnyside Avenue, and is surrounded by residential uses on all sides. 4. The site plan proposes the construction of one single family residence to the rear of an existing single family residence, each on individual lots. The residence on the rear parcel (Parcel B) would take vehicular access from an ingress/egress easement driveway recorded against the front parcel (Parcel A). The residence on the front parcel would take vehicular access from their private driveway from Sunnyside Avenue. 5. The project provides a total of 7 parking spaces, where 7 spaces are required. 6. The proposed project would consist of two single family residences with a total building coverage of 42%, landscaping coverage of 39%, and paving coverage of 19%. 7. The proposed project will have an overall floor area ratio of 0.59. 8. The conceptual landscaped areas show trees, shrubs and grass to be planted. The proposed landscaping represents 39% of the total lot area. 9. The project qualifies as Categorically Exempt under Section 15303, Class 3 of the California Environmental Quality Act (CEQA). Planning Commission Rc...,lution No. 3865 PLN2007-140 - 115 Sunnyside Avenue -Planned Development Permit Page 2 Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed development will result in a more desirable environment and use of the land than would be possible under any other zoning classification. 2. The development will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 3. The proposed development will not result in allowing more residential units than would be allowed by other residential zoning districts, which are consistent with the General Plan designation of the property. 4. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 5. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. 6. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 7. No substantial evidence has been presented which shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval of a Planned Development Permit (PLN2007-140) to allow the construction of a new two-story single-family home on property owned by Mr. Shahryar Soroosh located at 115 Sunnyside Avenue in a P-D (Planned Development) Zoning District. Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. COMMUNITY DEVELOPMENT DEPARTMENT Planning Division: Approved Project: Approval is granted for a Planned Development Permit (PLN2007-140) to allow the construction of a new single family residence to the rear of an existing single family residence located at 115 Sunnyside Avenue. The Planning Commission RE.,~lution No. 3865 PLN2007-140 - 115 Sunnyside Avenue -Planned Development Permit Page 3 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. Revised Project plans prepared by Mark Snow & Associates and stamped as received by the Planning Division on January 31, 2008. b. Tentative Parcel Map prepared by SMP Engineers and stamped as received by the Planning Division on January 31, 2008. c. Colored elevation and material board stamped as received by the Planning Division on November 20, 2007. 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. Project Materials: The applicant shall provide cut sheets for the lap siding material, windows, and garage doors and details and color of trim to be used between the lap siding and stucco, and porch columns and rails for review and approval by the Community Development Director prior to obtaining Planning Department clearance for the issuance of all building permits. 5. Privacy Impacts: Obscure glass on all second story bathroom windows shall be incorporated into the project design. The applicant shall submit a materials sample, prior to the issuance of building permits, for review and approval by the Community Development Director. 6. 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 driveway materials shall consist of stamped concrete as shown on the proposed project plans dated January 31, 2008. c. The applicant shall provide a decorative pavement material for the walkways. 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. 7. 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 Planning Commission Re..~lution No. 3865 PLN2007-140 - 115 Sunnyside Avenue -Planned Development Permit Page 4 irrigation plan shall substantially conform with the approved conceptual landscape plan and the City's Water Efficient Landscaping Standards (WELS). 8. Easements: Upon recordation of the Parcel Map, the applicant shall cause Easements to be recorded as shown on the approved Tentative Parcel Map for private utilities, private storm drains, reciprocal ingress and egress, etc. 9. Park Impact Fee: The applicant shall pay the current park impact fee, based on a density range of six to thirteen units per gross acre, for the development of the site. Prior to recordation of the Parcel Map, 75% of this fee is due and the remaining 25% is due prior to issuance of a certificate of building occupancy. 10. 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/developer. 11. Fence along Ingress/Egress Easement: The installation of fencing of any type is prohibited along the western edge of the ingress/egress easement from the front property line to the northeast corner of the existing residence located of Parcel A. 12. 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). 13. 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. 14. 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. 15. 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. Planning Commission RE..~lution No. 3865 PLN2007-140 - 115 Sunnyside Avenue -Planned Development Permit Page 5 16. Construction Activities: The applicant shall abide by the following requirements during construction: a. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00 p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take place on Sundays or holidays unless an exception is granted by the Building Official. b. Truck routes to and from the construction site should be established and submitted to the City for review and approval prior to issuance of a building permit. These truck routes shall avoid access to the project site via residential streets where possible. c. All construction equipment with internal combustion engines used on the project site shall be properly muffled and maintained in good working condition. d. Unnecessary idling of internal combustion engines shall be strictly prohibited. e. All stationary noise-generating construction equipment, such as air compressors and portable power generators, shall be located as far as possible from noise- sensitive receptors such as existing residences and businesses. f. Prior to the issuance of building permits, the project site shall be posted with the name and contact number of the lead contractor and construction hours in a location visible from the public street so that the contractor can be made aware of noise complaints. g. Construction equipment, vehicles, and workers associated with the development of the project shall not be permitted to park on any residential streets. h. Use dust-proof chutes for loading construction debris onto trucks. i. Water or cover stockpiles of debris, soil, and other materials that can be blown by the wind. j. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard. k. Sweep daily (with water sweepers) all paved access roads, parking areas, and staging areas at the construction site. I. Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets, as directed by the City Engineer. m. Enclose, cover, water twice daily or, or apply (non-toxic) soil stabilizers to exposed stockpiles (dirt, sand, etc.). 17. Utilities: All new on-site utilities shall be installed underground per section 21.18.140 (Undergrounding of Utilities) of the Campbell Municipal Code. 18. 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. Planning Commission RE.,~lution No. 3865 PLN2007-140 - 115 Sunnyside Avenue -Planned Development Permit Page 6 BUILDING DIVISION: 19. Permits Required: A separate building permit application shall be required for the proposed new single family dwelling and the complete remodeling and addition to the existing structure. The building permits shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 20. 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. 21. Plan Preparation: Portions of this project require 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. 22. Construction Plans: The conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 23. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 24. Site Plan: Applications for building permits shall include competent engineer prepared site plans that identify each property and the proposed structures with dimensions and elevations as appropriate. Site plan shall also include thorough site drainage details. 25. Foundation Inspection: 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 engineer for the following items: a. pad elevation b. finish floor elevation (first floor) c. foundation corner locations 26. Title 24 Energy Compliance: California Title 24 Energy Compliance forms Cf-1 R and MF-1 R shall be blue-lined on the construction plans. 8'/2 X 11 calculations shall be submitted as well. Planning Commission RE...,lution No. 3865 PLN2007-140 - 115 Sunnyside Avenue -Planned Development Permit Page 7 27. Special Inspections: When a special inspection is required by C.B.C. Chapter 17, 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 C.B.C Section 106. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 28. 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. 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. 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. d. Bay Area Air Quality Management District (Demolitions Only) 30. 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. 31. 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. 32. Declaration of Intent to Occupy: The applicant shall obtain a "Declaration of Intent to Occupy" form from Building Inspection Division. Applicant shall complete the form and return it to the Building Division upon submittal of application for permit. Planning Commission Re~~iution No. 3865 PLN2007-140 - 115 Sunnyside Avenue -Planned Development Permit Page 8 PUBLIC WORKS DEPARTMENT 33. Applicable Building Code: This project is subject to requirements under the 2007 California Building Code. Applicant must demonstrate that residential exterior walls located within 5 feet of the property line are of 1-hour fire resistive construction. Up to 25% of the exterior wall area is permitted to have unprotected openings (windows) for exterior walls 3 to 5 feet from property lines. Applicant shall indicate proposed window area totals for all exteriors walls within 5 feet of property line. 34. Proof of Ownership: Prior to issuance of any grading, drainage or building permits for the site, the applicant shall provide a current Preliminary Title Report, grant deed, or other satisfactory proof of ownership. 35. Tentative Parcel Map: The applicant shall submit a complete and accurate tentative parcel map in accordance with the Planning Division's checklist and pay the required Planning Department fees. 36. 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, pay various fees/deposits and submit the map in a digital format acceptable to the City. 37. Right-of-Way for Public Street Purposes: Prior to the issuance of any grading or building permits for the site, the applicant shall fully complete the process to cause a five foot Public Service Easement and Sidewalk Easement to be granted in fee for public street purposes along the Sunnyside Avenue frontage. 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. 38. 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 the existing driveway approach and necessary sidewalk, curb and gutter. b. Installation of ADA compliant driveway approach and necessary sidewalk, curb and gutter. c. Installation of traffic control, strips and signs as necessary. d. Construction of conforms to existing public and private improvements, as necessary. Planning Commission Re~~lution No. 3865 PLN2007-140 - 115 Sunnyside Avenue -Planned Development Permit Page 9 e. Pavement restoration over all trenches needed for utility connections. (See items #36 and #37). 39. Utilities: All on-site utilities shall be installed underground per Section 21.18.140 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. 40. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter and sewer cleanout shall be relocated onto private property behind the public right-of- wayline. 41. 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. 42. Pavement Restoration: Based on the utility coordination plan, the applicant shall prepare a pavement restoration plan for approval by the City Engineer prior to any utility installation or abandonment. Streets that have been reconstructed or overlaid within the previous five years will require boring and jacking for all new utility installations. Sunnyside Avenue has not been overlaid 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. 43. Utility Encroachment Permit: Separate permits for the installation of utilities to serve the development will be required (including water, sewer, gas, electric, etc.). Applicant shall apply for and pay all necessary fees for utility permits for sanitary sewer, gas, water, electric and all other utility work. 44. Additional Street Improvements: Should it be discovered after the approval process that new utility main lines, extra utility work or other work is required to service the development, and should those facilities or other work affect any public improvements, the City may add conditions to the development/project/permit, at the discretion of the City Engineer, to restore pavement or other public improvements to the satisfaction of the City. 45. 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 Planning Commission RE..~lution No. 3865 PLN2007-140 - 115 Sunnyside Avenue -Planned Development Permit Page 10 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. 46. Occupancy: Prior to allowing occupancy for any and/or all buildings, the applicant shall have the required street improvements installed and accepted by the City, and the design engineer shall submit as-built drawings to the City. FIRE DEPARTMENT 47. Required Fire Flow: The fire flow for this project is 1000 gpm at 20 psi residual pressure. The required fire flow is available from area water mains and fire hydrant(s) which are paced at the required spacing. 48. Required Access to Water Supply (Hydrants): Portions of the structure(s) are greater than 150 feet of travel distance from the centerline of the roadway containing public fire hydrants. Provide an on-site fire hydrant OR, provide an approved fire sprinkler system throughout all portions of the building, designed per national Fire Protection Association (NFPA) Standard #13D and local ordinances. The fire sprinkler system supply valuing shall be installed per Fire Department Standard Detail & Specifications W-1/SP-6. 49. Project Plans: To prevent review and inspection delays, the Conditions of Approval shall be addressed as "notes" on all pending and future plan submittals and any referenced diagrams to be reproduced onto the future plan submittal. Planning Commission Resolution No. 3865 PLN2007-140 -115 Sunnyside Avenue -Planned Development Permit Page 11 PASSED AND ADOPTED thi; AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ;12th day of February, 2008, by the following roll call vote: Alderete, Doorley, Ebner, Gairaud, Gibbons and Roseberry None None Rocha APPROVED: 1f/~ Bob Roseberry, C it .~ ATTEST: ckie C. oung L d, Acting Secretary RESOLUTION NO. 3866 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A TENTATIVE PARCEL MAP (PLN2007-141) TO SUBDIVIDE ONE PROPERTY INTO TWO PARCELS ON PROPERTY OWNED BY MR. SHAHRYAR SOROOSH LOCATED AT 115 SUNNYSIDE AVENUE IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. SHAHRYAR SOROOSH. FILE NO: PLN2007-141. After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. The Planning Commission finds as follows with regard to File No. PLN2007-141: 1. The creation of two residential lots is consistent with the Low-Medium Density Residential (6-13 units per gross acre) General Plan land use designation for the property. 2. The proposed density of 8.7 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 Tentative Parcel Map is consistent with the Planned Development Zoning designation. 4. The project includes provisions for access to natural air and light for all of the units. 5. 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. 6. 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 Planning Commission further finds and concludes that: 1. The proposed Tentative Parcel Map is consistent with the General Plan and Zoning Ordinance of the City. 2. The 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. Planning Commission Re..~lution No. 3866 PLN2007-141 - 115 Sunnyside Avenue -Tentative Parcel Map Page 2 3. The design of the Tentative Parcel Map provides, to the extent feasible, for future passive or natural heating and cooling opportunities. 4. The development and uses will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 5. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. 6. 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. THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval of a Tentative Parcel Map (PLN2007-141) to subdivide one property into two parcels on property owned by Mr. Shahyrar Soroosh located at 115 Sunnyside Avenue In a P-D (Planned Development) Zoning District. Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. COMMUNITY DEVELOPMENT DEPARTMENT Planning Division: Approved Project: Approval is granted for an Approval of a Tentative Parcel Map (PLN2007-141) to create two residential lots on property located at 115 Sunnyside Avenue. The Tentative Parcel Map shall substantially conform to the Tentative Parcel Map prepared by SMP Engineers and stamped as received by the Planning Division on January 31, 2008, except as may be modified by the Conditions of Approval herein. 2. Approval Expiration: The Approval of the Tentative Parcel Map is for a period of two years, unless an extension is granted prior to the expiration date. Failure to record the Parcel Map before this date shall render the Tentative Parcel Map void. 3. Park Impact Fee: The applicant shall pay the current park impact fee, based on a density range of six to thirteen units per gross acre, for the development of the site. Credit shall be given for any existing single-family residence to be demolished. Prior Planning Commission Re..~lution No. 3866 PLN2007-141 - 115 Sunnyside Avenue -Tentative Parcel Map Page 3 to recordation of the Parcel Map, 75% of this fee is due and 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. Easements: Upon recordation of the Parcel Map, the applicant shall cause Easements to be recorded as shown on the approved Tentative Parcel Map for private utilities, private storm drains, reciprocal ingress and egress, etc. PUBLIC WORKS DEPARTMENT 7. Proof of Ownership: Prior to issuance of any grading, drainage or building permits for the site, the applicant shall provide a current Preliminary Title Report, grant deed, or other satisfactory proof of ownership. 8. Tentative Parcel Map: The applicant shall submit a complete and accurate tentative parcel map in accordance with the Planning Division's checklist and pay the required Planning Department fees. 9. 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, pay various fees/deposits and submit the map in a digital format acceptable to the City. 10. Right-of-Way for Public Street Purposes: Prior to the issuance of any grading or building permits for the site, the applicant shall fully complete the process to cause a five foot Public Service Easement and Sidewalk Easement to be granted in fee for public street purposes along the Sunnyside Avenue frontage. 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. 11. Demolition: Prior to recording of the parcel map, the applicant shall obtain a demolition permit and remove any nonconforming structures if necessary. 12. 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 Planning Commission Re...,iution No. 3866 PLN2007-141 - 115 Sunnyside Avenue -Tentative Parcel Map Page 4 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 the existing driveway approach and necessary sidewalk, curb and gutter. b. Installation of ADA compliant driveway approach and necessary sidewalk, curb and gutter. c. Installation of traffic control, strips and signs as necessary. d. Construction of conforms to existing public and private improvements, as necessary. e. Pavement restoration over all trenches needed for utility connections. (See items #36 and #37). 13. Utilities: All on-site utilities shall be installed underground per Section 21.18.140 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. 14. Water MeterL) and Sewer Cleanoutls): Existing and proposed water meter and sewer cleanout shall be relocated onto private property behind the public right-of- way line. 15. 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. 16. Pavement Restoration: Based on the utility coordination plan, the applicant shall prepare a pavement restoration plan for approval by the City Engineer prior to any utility installation or abandonment. Streets that have been reconstructed or overlaid within the previous five years will require boring and jacking for all new utility installations. Sunnyside Avenue has not been overlaid 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. 17. Utility Encroachment Permit: Separate permits for the installation of utilities to serve the development will be required (including water, sewer, gas, electric, etc.). Applicant shall apply for and pay all necessary fees for utility permits for sanitary sewer, gas, water, electric and all other utility work. Planning Commission Resolution No. 3866 PLN2007-141 -115 Sunnyside Avenue -Tentative Parcel Map Page 5 18. Additional Street Improvements: Should it be discovered after the approval process that new utility main lines, extra utility work or other work is required to service the development, and should those facilities or other work affect any public improvements, the City may add conditions to the development/project/permit, at the discretion of the City Engineer, to restore pavement or other public improvements to the satisfaction of the City. 19. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding stormwater pollution prevention. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay. Resources to achieve these objectives include Stormwater Best Management Practices Handbook for New Deve/opmenf 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. 20. Occupancy: Prior to allowing occupancy for any and/or all buildings, the applicant shall have the required street improvements installed and accepted by the City, and the design engineer shall submit as-built drawings to the City. PASSED AND ADOPTED this AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ;12~' day of February, 2008, by the following roll call vote: Alderete, Doorley, Ebner, Gairaud, Gibbons and Roseberry None None Rocha APP D: t~(~ ROVE Bob Roseberry, C air ATTEST: -+ ie C. oun ind, Acting Secretary Campbell Planning Comm~~sion Minutes for February 12, 2008 Page 2 COMMUNICATION There were no communications items. ORAL REQUESTS There were no oral requests. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. PUBLIC HEARINGS Commissioner Rocha advised that he must recuse himself from participation on the first hearing due to the proximity of the project site to his residence. Chair Roseberry read Agenda Item No. 1 into the record as follows: PLN2007-140 (PD) Continued Public Hearing (from the Planning Commission PLN2007-141 (PM) meeting of January 8, 2008) to consider the application of Soroosh, S. Mr. Shahryar Soroosh for a Planned Development Permit (PLN2007-140) to allow the construction of a new two- story single-family home and a Tentative Parcel Map (PLN2007-141) to subdivide one property into two parcels on property owned by Mr. Shahryar Soroosh located at 115 Sunnyside Avenue in a P-D (Planned Development) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Tentative City Council Meeting Date: March 4, 2008. Project Planner: Steve Prosser, Planner 1 Mr. Steve Prosser, Planner I, presented the staff report as follows: • Reminded that this application was continued from the January 8, 2008, Planning Commission hearing. • Said that the request includes a Planned Development Permit to allow the construction of a new single-family residence and a Parcel Map to create two lots from one parcel. • Reported that at the January 8th meeting, the Commission continued consideration of this project to allow the application the opportunity to reduce the floor area ratio. • Advised that since that time, the applicant has revised their plan and reduced the new residence by 301 square feet from 2,619 square feet to 2,318 with the FAR going from .73 to .64. The overall FAR of the project went down from .62 to .59, which is within the range depicted on the chart of similar developments in this neighborhood. This project is consistent with other similar projects. • Added that the rear setback was increased from 5 to 8 feet and the side setbacks were also increased. Campbell Planning Comm~~sion Minutes for February 12, 2008 Page 3 • Stated that the recommendations made by SARC at its December 11th meeting have been incorporated into the plans. • Recommended that this project been deemed to be Categorically Exempt under CEQA and that the Commission adopt Resolutions forwarding recommendations for approval to the City Council for both the Planned Development Permit and the Tentative Parcel Map. Commissioner Gibbons asked staff if the 60 x 60 parcel totaling 3,600 square feet includes half of the alley. Planner Steve Prosser replied no. Chair Roseberry opened the Public Hearing for Agenda Item No. 1. Chair Roseberry closed the Public Hearing for Agenda Item No. 1. Commissioner Alderete: • Stated that the applicant has worked with staff and addressed concerns raised by the Commission at its previous meeting. • Added that he would be supportive of this application. Commissioner Gibbons: • Said that while she appreciates the efforts made by the applicant to modify this project, she will not be supportive. • Agreed that this project is constrained by how the original front parcel was developed that resulted in the garage for the rear unit to be in view from the street. Commissioner Gairaud: • Said that he concurs with both of the previous Commissioners, which demonstrates how he is torn by this project. • Reminded that had suggested that the owners be given direction. • Added that he wanted to see the FAR at the back go down to .55 but he didn't state that at the time. • Stated that property owners should develop their property as they wish. • Said that he will support this project due to the applicant's efforts. Motion: Upon motion of Commissioner Alderete, seconded by Commissioner Gairaud, the Planning Commission took the following actions: ^ Adopted Resolution No. 3865 recommending approval of a Planned Development Permit (PLN2007-140) to allow the construction of a new two-story single-family home; and ^ Adopted Resolution No. 3866 recommending approval of a Tentative Parcel Map (PLN2007-141) to subdivide one property into two parcels on property owned by Mr. Shahryar Soroosh located at 115 Sunnyside Avenue, Campbell Planning COmmlSolOn Minutes for February 12, 2008 Page 4 by the following roll call vote: AYES: Alderete, Doorley, Ebner, Gairaud and Roseberry NOES: Gibbons ABSENT: None ABSTAIN: Rocha Chair Roseberry advised that this item would be considered by Council at its meeting of March 4, 2008, for final action. Commissioner Rocha returned to the meeting. *** Chair Roseberry read Agenda Item No. 2 into the record as follows: 2. PLN2007-160 Public Hearing to consider the application of Ms. Krishlani Mulia, K.L. Mulia for a Site and Architectural Review Permit (PLN2007-160) to allow the construction of a new two- story single-family residence (and the demolition of an existing single-family residence) on property owned by Pham Dinh Nguyen located at 1215 Audrey Avenue in an R-1-10 (Single Family Residential) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission action final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Kimberly A. Brosseau, Planner 11 Ms. Kimberly Brosseau, Planner II, presented the staff report as follows: • Reported that the applicant is seeking approval of a Site and Architectural Review Permit to allow the demolition of an existing residence and construction of a new two-story single-family residence. • Said that the proposal is in conformance with the R-1-10 Zoning District. • Stated that SARC reviewed the project on January 22, 2008. • Advised that staff is concerned about the proposed entry height at 10 feet and is recommending a redesign to an 8 foot plate height. • Recommended the adoption of a resolution approving this project. Commissioner Ebner presented the Site and Architectural Review Committee report as follows: • SARC reviewed this project ton January 22, 2008. • Said that SARC's comments were that the plate height was not consistent with this neighborhood. • Reported that the applicant indicated to SARC that they wanted to continue with their proposed 10-foot entry. • Added that the color board was discussed and has been modified as a result. ITEM NO. 1 CITY OF CAMPBELL • PLANNING COMMISSION Staff Report • February 12, 2008 PLN2007-140 (PD) Continued Public Hearing to consider the application of Mr. Shahryar PLN2006-141 (TPM) Soroosh for a Planned Development Permit (PLN2007-140) to allow Soroosh, S. the construction of a new single family residence and a Tentative Parcel Map (PLN2007-141) to create two residential lots on property owned by Mr. Shahryar Soroosh located at 115 Sunnyside Avenue in a P-D (Planned Development) Zoning District. STAFF RECOMMENDATION That the Planning Commission take the following actions: 1. Adopt a Resolution incorporating the attached findings, recommending that the City Council approve a Planned Development Permit (PLN2007-140) to allow the construction of anew single family residence, subject to the attached Conditions of Approval; and, 2. Adopt a Resolution incorporating the attached findings, recommending that the City Council approve a Tentative Parcel Map (PLN2007-141) to divide a parcel into two residential lots, subject to the attached Conditions of Approval. ENVIRONMENTAL DETERMINATION Staff recommends that the Planning Commission find that this project is Categorically Exempt under Section 15303, Class 3 of the California Environmental Quality Act (CEQA) pertaining to new construction or conversion of small structures; 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. PROJECT DATA Category Gross Lot Area: Proposed .23 acres (10,200 sq. ft.) Required/Allowed N/A Net Lot Area: Parcel A (front lot): Parcel B (rear lot): .20 acres (8,700 sq. ft.) 5,100 net sq. ft. 3,600 net sq. ft. N/A N/A N/A Project Density: 8.7 units/gross acre 13 units/gross acre max. Staff Report -Planning Com:.~ission Meeting of February 12, 2008 PLN2007-140/141 -115 Sunnyside Avenue Page 2 of 6 Category Proposed Building Area: Parcel A (Existing): First Floor: Covered Porch: Second Floor: Garage: Proposed 1,348 sq. ft. 350 sq. ft. 1,090 sq. ft. 365 sq. ft. Total: 3,153 sq. ft. Parcel B (Revised Proposal): First Floor: Covered Porch: Garage: Second Floor: Total Floor Area Ratio (FAR)*: Parcel A: Parcel B: Overall Project: *Excludes covered porch Building Coverage: Parcel A: Parcel B: Overall Project: Parking: Parcel A Parcel B Total: Building Height: Parcel A (existing) Parcel B: Adjacent Land Uses: North: South: East: West: 982 sq. ft. 240 sq. ft. 400 sq. ft. 936 sq. ft. 2,558 sq. ft. .55 (2,803 sq. ft.) .64 (2,318 sq. ft.) .59 (5,121 sq. ft.) 41 % (2,063 sq. ft.) 45% (1,622 sq. ft.) 42% (3,685 sq. ft.) 3 spaces (2 covered) 4 spaces (2 covered) 7 spaces (4 covered) 26' 4" 26' 3" Required/Allowed N/A N/A N/A 200 sq. ft. N/A N/A 200 sq. ft. N/A N/A N/A N/A N/A N/A N/A 3.5 spaces/unit (1 covered) 3.5 spaces/unit (1 covered) 7 spaces (2 covered) City Maximum City Maximum Alleyway/Residential (Low Density Residential/Historic District) Residential (Low to Medium Density Residential) Residential (Low to Medium Density Residential) Residential (Low to Medium Density Residential) Staff Report -Planning Comi~~ission Meeting of February 12, 2008 PLN2007-140/141 - 115 Sunnyside Avenue Page 3 of 6 DISCUSSION Applicant's Proposal: The applicant is requesting approval of a Planned Development Permit to allow the construction of a new single family residence and a Tentative Parcel Map to create two residential lots on property located at 11 S Sunnyside Avenue. . Background: The project was continued from the January 8, 2008 Planning Commission meeting in order for the applicant address concerns regarding the size of the project. The Planning Commission requested that the applicant revisit the plans and lower the FAR from .73 to a Floor Area Ratio comparable to previously approved projects (reference Attachment 8, PC Meeting Minutes). The following is a comparison between the proposed project and other similar lots on Sunnyside Avenue. The applicant has submitted revised plans showing a reduction of the proposed residence in the rear lot by 300 sq. feet, reducing the FAR from .73 to .64 and reducing the overall project FAR from .62 to .59. The applicant has also increased both the first and second floor side yard setbacks for the structure. Comparison Chart of Similar Proiects on Sunnvside Avenue Lot 1 (sq. ft.) Lot 2 (sq. ft.) Density Rear Unit FAR Overall FAR 68 Sunnyside Ave. 4 lots total = avera e of 4,350 8.5 N/A .65 105 Sunnyside Ave. 5,100 3,600 8.5 .70 .60 115 Sunn side Ave. 5,100 3,600 8.7 .64 .59 132 Sunnyside Ave. 4,726 4,410 7.4 .57 .46 154 Sunn side Ave. 4,500 4,200 8.5 .60 .42 Property Description: The subject property is currently developed with asingle-family residence under construction. The subject property is located on the north side of Sunnyside Avenue, just east of the intersection of Industrial Way and Sunnyside Avenue, adjacent to an alleyway to the north, and is surrounded by residential uses on all sides (reference Attachment 9, Location Map). ANALYSIS General Plan Designation: The General Plan land use designation for the project site is Low- Medium Density Residential (6-13 units per gross acre). The proposed project would be developed at a density of 8.7 units per gross acre, which is below the density range allowed for the site. The proposed project complies with the following General Plan Land Use Element Strategies: Strategy LUT-5.2a: Neighborhood Compatibility Promote new residential development and substantial additions that are designed to maintain and support the existing character and development pattern of the surrounding neighborhood, especially in historic neighborhoods and neighborhoods with consistent design characteristics. Staff Report -Planning Comi~~ission Meeting of February 12, 2008 PLN2007-140/141 - 115 Sunnyside Avenue Page 4 of 6 Strategy LUT-7.2n: Consistency With Plans: Ensure that new development and substantial remodeling projects are consistent with Specific Plans, Area Plans, City Standard Details, and adopted Streetscape Standards to create a cohesive design. Strategy LUT-9.3e: Building Materials: Encourage the use of long-lasting, high quality building materials on all buildings to ensure the long-term quality of the built environment. Strategy LUT-17.1b: Landscaping: Ensure that new developments provide new tree plantings, shrubs, greenery and other landscaping materials, and preserve existing trees and shrubs. Zoning_Desi nom: The Zoning designation for the project site is Planned Development (P-D). With approval of a Planned Development Permit, the proposed project will be consistent with the P-D Zoning District. Subdivision Design: The existing parcel is 8,700 square feet in net area. Parcel A would be 5,100 square feet and Parcel B would be 3,600 square feet. Vehicular access to Parcel B would be through a twelve foot wide ingress/egress easement across the east side of Parcel A (reference Attachment 5, Sheet TPM, Project Plans). The Planned Development Zoning District does not have a minimum lot size requirement but proposed projects should be consistent with surrounding uses. The proposed parcel sizes are consistent with other developments on Sunnyside Avenue. The density allowed under the General Plan is 6-13 units per gross acre and the project density is proposed at 8.7 units per gross acre. Street Improvements: The City of Campbell Public Works Department is requiring, as a Condition of Approval, a five foot public service easement and sidewalk easement on private property contiguous with the public right-of--way along Sunnyside Avenue. The Public Works Department will also require relocation of existing utilities, necessary sidewalk, curb and gutter upgrades, and ADA compliant driveway approach (reference Attachment 5, Sheet C-2, Project Plans). Architecture: The proposed elevations for the rear house depict a two-story Craftsman- influenced design consistent with the surrounding neighborhood with horizontal wood siding for the first floor and painted stucco for the second floor, wood trim, a decorative garage door with divided light panels, and a composition shingle roof (5 in 12 roof pitch). The proposed residence, including trim, would be of earth tone colors, with a dark brown roof. The residence would have a covered porch on both the front and rear of the residence and upgraded decorative garage and entry doors. The attached 2-car garage is proposed with a 25 foot driveway approach and turf block turn around (reference Attachment 5 & 7, Project Plans & Color and Material Board). The previously approved elevations for the front house also depict aCraftsman-influenced design (reference Attachment 6, Street View Color Elevation). The exterior building materials include stucco along the first floor and horizontal siding for the second floor separated by a bellyband, a decorative garage door with divided light panels, and a composition shingle roof. Staff Report -Planning Comi~~ission Meeting of February 12, 2008 PLN2007-140/141 - 115 Sunnyside Avenue Page 5 of 6 The exterior is gray in color with white trim and a gray roof. The residence includes a decorative front porch with stone wainscot columns and upgraded entry and garage door. As part of the application, a paved access way to the rear yard was approved to accommodate future development of the property. Landscapin Trees: The applicant has submitted a Preliminary Landscape Plan (reference Attachment 5, Sheet L1, Project Plans). The preliminary landscape plans includes the installation of four 24" box Japanese Maples (two on each lot) and assorted shrubbery and sod. The driveway to the rear lot would be lined with six 24" box Plum trees and two six 24" box Chinese Pistachio within the landscape strips. Parkin: A total of 7 parking spaces will be provided, 4 uncovered and 3 covered. Each single family residence will have a two car garage and at least 1 uncovered parking space. The residence on Lot A is providing a tandem 2-car garage with 1 uncovered space, while Lot B is proposing a conventional 2-car garage with 2 uncovered spaces. Fencing: The existing perimeter fencing is in need of replacement. Condition of Approval #9 of the Planned Development would require the fencing along the property lines to be replaced with a six-foot high "good neighbor" wood fence at the sole expense of the applicant. Additionally, Condition of Approval #10 would prohibit the installation of fencing along the western edge of the ingress/egress easement from the front property line to the northeast corner of the existing residence located on what would be Parcel A (reference Attachment 3, Conditions of Approval). Paving: Proposed paving within the front yard setback includes driveway and walks. Driveway materials for both Parcel A and B include stamped concrete. The paving for Lot 1 would be 47% coverage and Lot 2 would be 46% coverage. Park Fees: Park fees will be due for the new residence on Lot 2. Site and Architectural Review Committee: The Site and Architectural Review Committee reviewed this application on December 11, 2007. The Committee was generally supportive of the project with the following revisions. 1. Provide cut sheets for the lap siding material, windows, and garage doors. 2. Provide details and color of trim to be used between the lap siding and stucco, and porch columns and rails. 3. Increase the driveway length located on Parcel B from 24 feet to 25 feet. 4. Revise the project plans to show stamped concrete for the driveways on both subject parcels. 5. Revise the project plans to show the setback from the residence on Parcel A to the ingress/egress easement on the site plan. The requested project revisions have either been shown on the revised project plans, color and material board or have been incorporated into the attached Conditions of Approval (reference Attachment 3, Conditions of Approval #4 & #6). Staff Report -Planning Corru.Lission Meeting of February 12, 2008 PLN2007-140/141 - 115 Sunnyside Avenue Page 6 of 6 Attachments: 1. Findings for Approval of File No. PLN2007-140 (PD) 2. Findings for Approval of File No. PLN2007-141 (TPM) 3. Conditions of Approval for File No. PLN2007-140 (PD) 4. Conditions of Approval for File No. PLN2007-141 (TPM) 5. Revised Project Plans (Site Plan, Elevations, Floor Plans, Landscape, TPM), dated 1/31/08 6. Streetscape View Plans, dated 2/6/08 7. Color and Material Board 8. City of Campbell Planning Commission Meeting Minutes of January 8, 2008. 9. Location Map Prepared by: Steve Prosser, Planner I Approved by: ~'' J ie Yo Lind, ICP, Acting Community Development Director Attachment # 1 FINDINGS FOR APPROVAL OF FILE NO PLN2007-140 (PLANNED DEVELOPMENT PERMIT) SITE ADDRESS: 115 Sunnyside Avenue APPLICANT: Mr. Shahryar Soorosh P.C. MEETING: February 12, 2008 Findings recommending approval of a Planned Development Permit to allow the construction of anew single family residence on property located at 115 Sunnyside Avenue. The Planning Commission finds as follows with regard to File No. PLN2007-140: 1. The density of the proposed project site is 8.7 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 project site is currently developed with asingle-family home with an attached garage, currently under construction. The subject property is located on the north side of Sunnyside Avenue, east of the intersection of Industrial Way and Sunnyside Avenue, and is surrounded by residential uses on all sides. 4. The site plan proposes the construction of one single family residence to the rear of an existing single family residence, each on individual lots. The residence on the rear parcel (Parcel B) would take vehicular access from an ingress/egress easement driveway recorded against the front parcel (Parcel A). The residence on the front parcel would take vehicular access from their private driveway from Sunnyside Avenue. 5. The project provides a total of 7 parking spaces, where 7 spaces are required. 6. The proposed project would consist of two single family residences with a total building coverage of 42%, landscaping coverage of 39%, and paving coverage of 19%. 7. The proposed project will have an overall floor area ratio of 0.59. 8. The conceptual landscaped areas show trees, shrubs and grass to be planted. The proposed landscaping represents 39% of the total lot 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. Attachment # 1 Page 2 of 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 which shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. Attachment #2 FINDINGS RECOMMENDING APPROVAL OF FILE NO PLN2007-141 (APPROVAL OF A TENTATIVE PARCEL MAP) SITE ADDRESS: 115 Sunnyside Avenue APPLICANT: Mr. Shahryar Shoroosh P.C. MEETING: February 12, 2008 Findings recommending approval of a Tentative Parcel Map to create two residential lots on property located at 115 Sunnyside Avenue. The Planning Commission finds as follows with regard to File No. PLN2007-141: 1. The creation of two residential lots is consistent with the Low-Medium Density Residential (6-13 units per gross acre) General Plan land use designation for the property. 2. The proposed density of 8.7 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 Tentative Parcel Map is consistent with the Planned Development Zoning designation. 4. The project includes provisions for access to natural air and light for all of the units. 5. 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. 6. 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 Planning Commission further finds and concludes that: 1. The proposed Tentative Parcel Map is consistent with the General Plan and Zoning Ordinance of the City. 2. The 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. Attachment #2 Page 2 of 2 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. Attachment #3 CONDITIONS OF APPROVAL FOR FILE NO. PLN2007-140 (PLANNED DEVELOPMENT PERMIT) SITE ADDRESS: 115 Sunnyside Avenue APPLICANT: Mr. Shahryar Soroosh P.C. MEETING: February 12, 2008 The applicant is hereby notified, as part of this application, that (s)he is required to meet the following conditions in accordance with the ordinances of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. 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 items under review. Additionally, the applicant is hereby notified that (s)he is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified: COMMUNITY DEVELOPMENT DEPARTMENT Planning Division: 1. Approved Project: Approval is granted for a Planned Development Permit (PLN2007-140) to allow the construction of a new single family residence to the rear of an existing single family residence located at 115 Sunnyside Avenue. The building design and site design shall substantially conform to the project exhibits listed below, except as may be modified by the conditions of approval herein: a. Revised Project plans prepared by Mark Snow & Associates and stamped as received by the Planning Division on January 31, 2008. b. Tentative Parcel Map prepared by SMP Engineers and stamped as received by the Planning Division on January 31, 2008. c. Colored and Material board received by the Planning Division on November 20, 2007. 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. 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. Project Materials: The applicant shall provide cut sheets for the lap siding material, windows, and garage doors and details and color of trim to be used between the lap siding and stucco, and porch columns and rails for review and approval by the Community Development Director prior to obtaining Planning Department clearance for the issuance of all building permits. Attachment #3 Page 2 of 8 5. Privacy Impacts: Obscure glass on all second story bathroom windows shall be incorporated into the project design. The applicant shall submit a materials sample, prior to the issuance of building permits, for review and approval by the Community Development Director. 6. Parking and Driveway: 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 driveway materials shall consist of stamped concrete as shown on the proposed revised project plans dated January 31, 2008. c. The applicant shall provide a decorative pavement material for the walkways. 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. 7. Landscape and Irrigation Plan: The applicant shall submit a final landscape and imgation 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). 8. Easements: Upon recordation of the Parcel Map, the applicant shall cause Easements to be recorded as shown on the approved Tentative Parcel Map for private utilities, private storm drains, reciprocal ingress and egress, etc. 9. Park Impact Fee: The applicant shall pay the current park impact fee, based on a density range of six to thirteen units per gross acre, for the development of the site. Prior to recordation of the Parcel Map, 75% of this fee is due and the remaining 25% is due prior to issuance of a certificate of building occupancy. 10. 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/developer. 11. Fence along In erg_ ss/Egress Easement: The installation of fencing of any type is prohibited along the western edge of the ingress/egress easement from the front property line to the northeast corner of the existing residence located of Parcel A. 12. 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). Attachment #3 Page 3 of 8 13. 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. 14. 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. 15. 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. 16. Construction Activities: The applicant shall abide by the following requirements during construction: a. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00 p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take place on Sundays or holidays unless an exception is granted by the Building Official. b. Truck routes to and from the construction site should be established and submitted to the City for review and approval prior to issuance of a building permit. These truck routes shall avoid access to the project site via residential streets where possible. c. All construction equipment with internal combustion engines used on the project site shall be properly muffled and maintained in good working condition. d. Unnecessary idling of internal combustion engines shall be strictly prohibited. e. All stationary noise-generating construction equipment, such as air compressors and portable power generators, shall be located as far as possible from noise-sensitive receptors such as existing residences and businesses. f. Prior. to the issuance of building permits, the project site shall be posted with the name and contact number of the lead contractor and construction hours in a location visible from the public street so that the contractor can be made aware of noise complaints. g. Construction equipment, vehicles, and workers associated with the development of the project shall not be permitted to park on any residential streets. h. Use dust-proof chutes for loading construction debris onto trucks. i. Water or cover stockpiles of debris, soil, and other materials that can be blown by the wind. j. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard. Attachment #3 Page 4 of 8 k. Sweep daily (with water sweepers) all paved access roads, parking areas, and staging areas at the construction site. 1. Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets, as directed by the City Engineer. m. Enclose, cover, water twice daily or, or apply (non-toxic) soil stabilizers to exposed stockpiles (dirt, sand, etc.). 17. Utilities: All new on-site utilities shall be installed underground per section 21.18.140 (Undergrounding of Utilities) of the Campbell Municipal Code. 18. 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: 19. Permits Required: A separate building permit application shall be required for the proposed new single family dwelling and the complete remodeling and addition to the existing structure. The building permits shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 20. 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. 21. Plan Preparation: Portions of this project require 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. 22. Construction Plans: The conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 23. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 24. Site Plan: Applications for building permits shall include competent engineer prepared site plans that identify each property and the proposed structures with dimensions and elevations as appropriate. Site plan shall also include thorough site drainage details. 25. Foundation InsQection: 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 Attachment #3 Page 5 of 8 prepared according to approved plans. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered engineer for the following items: a. pad elevation b. finish floor elevation (first floor) c. foundation corner locations 26. Title 24 Energy Compliance: California Title 24 Energy Compliance forms Cf-1R and MF- 1R shall be blue-lined on the construction plans. 8% X 11 calculations shall be submitted as well. 27. Special Inspections: When a special inspection is required by C.B.C. Chapter 17, 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 C.B.C Section 106. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 28. 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. 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. 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. d. Bay Area Air Quality Management District (Demolitions Only) 30. 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. 31. 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 Attachment #3 Page 6 of 8 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. 32. Declaration of Intent to Occupy: The applicant shall obtain a "Declaration of Intent to Occupy" form from Building Inspection Division. Applicant shall complete the form and return it to the Building Division upon submittal of application for permit. 33. Applicable Building Code: This project is subject to requirements under the 2007 California Building Code. Applicant must demonstrate that residential exterior walls located within 5 feet of the property line are of 1-hour fire resistive construction. Up to 25% of the exterior wall area is permitted to have unprotected openings (windows) for exterior walls 3 to 5 feet from property lines. Applicant shall indicate proposed window area totals for all exteriors walls within 5 feet of property line. PUBLIC WORKS DEPARTMENT 34. Proof of Ownership: Prior to issuance of any grading, drainage or building permits for the site, the applicant shall provide a current Preliminary Title Report, grant deed, or other satisfactory proof of ownership. 35. Tentative Parcel Map: The applicant shall submit a complete and accurate tentative parcel map in accordance with the Planning Division's checklist and pay the required Planning Department fees. 36. 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, pay various fees/deposits and submit the map in a digital format acceptable to the City. 37. Right-of--Way for Public Street Purposes: Prior to the issuance of any grading or building permits for the site, the applicant shall fully complete the process to cause a five foot Public Service Easement and Sidewalk Easement to be granted in fee for public street purposes along the Sunnyside Avenue frontage. 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. 38. 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 the existing driveway approach and necessary sidewalk, curb and gutter. b. Installation of ADA compliant driveway approach and necessary sidewalk, curb and gutter. AttarhmPnt ~#~ Page 7 of 8 c. Installation of traffic control, strips and signs as necessary. d. Construction of conforms to existing public and private improvements, as necessary. e. Pavement restoration over all trenches needed for utility connections. (See items #36 and #37). 39. Utilities: All on-site utilities shall be installed underground per Section 21.18.140 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. 40. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter and sewer cleanout shall be relocated onto private property behind the public right-of--way line. 41. 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. 42. 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 abandorunent. Streets that have been reconstructed or overlaid within the previous five years will require boring and jacking for all new utility installations. Sunnyside Avenue has not been overlaid 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. 43. Utility Encroachment Permit: Separate permits for the installation of utilities to serve the development will be required (including water, sewer, gas, electric, etc.). Applicant shall apply for and pay all necessary fees for utility permits for sanitary sewer, gas, water, electric and all other utility work. 44. Additional Street Improvements: Should it be discovered after the approval process that new utility main lines, extra utility work or other work is required to service the development, and should those facilities or other work affect any public improvements, the City may add conditions to the development/project/permit, at the discretion of the City Engineer, to restore pavement or other public improvements to the satisfaction of the City. 45. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding stormwater pollution prevention. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay. Attachment #3 Page 8 of 8 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. 46. Occupancy: Prior to allowing occupancy for any and/or all buildings, the applicant shall have the required street improvements installed and accepted by the City, and the design engineer shall submit as-built drawings to the City. FIRE DEPARTMENT 47. Required Fire Flow: The fire flow for this project is 1000 gpm at 20 psi residual pressure. The required fire flow is available from area water mains and fire hydrant(s) which are paced at the required spacing. 48. Required Access to Water Suppl~(H duets): Portions of the structure(s) are greater than 150 feet of travel distance from the centerline of the roadway containing public fire hydrants. Provide an on-site fire hydrant OR, provide an approved fire sprinkler system throughout all portions of the building, designed per national Fire Protection Association (NFPA) Standard #13D and local ordinances. The fire sprinkler system supply valuing shall be installed per Fire Department Standard Detail & Specifications W-1/SP-6. 49. Project Plans: To prevent review and inspection delays, the Conditions of Approval shall be addressed as "notes" on all pending and future plan submittals and any referenced diagrams to be reproduced onto the future plan submittal. Attachment #4 CONDITIONS OF APPROVAL FOR FILE NO. PLN2007-141 (TENTATIVE PARCEL MAP) SITE ADDRESS: 115 Sunnyside Avenue APPLICANT: Mr. Shahryar Soroosh P.C. MEETING: February 12, 2008 The applicant is hereby notified, as part of this application, that (s)he is required to meet the following conditions in accordance with the ordinances of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. 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 items under review. Additionally, the applicant is hereby notified that (s)he 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 an Approval of a Tentative Parcel Map (PLN2007-141) to create two residential lots on property located at 115 Sunnyside Avenue. The Tentative Parcel Map shall substantially conform to the Tentative Parcel Map prepared by SMP Engineers and stamped as received by the Planning Division on January 31, 2008, except as maybe modified by the Conditions of Approval herein. 2. Approval Expiration: The Approval of the Tentative Parcel Map is for a period of two years, unless an extension is granted prior to the expiration date. Failure to record the Parcel Map before this date shall render the Tentative Parcel Map void. Park Impact Fee: The applicant shall pay the current park impact fee, based on a density range of six to thirteen units per gross acre, for the 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 and 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). Attachment #4 Page 2 of 4 6. Easements: Upon recordation of the Parcel Map, the applicant shall cause Easements to be recorded as shown on the approved Tentative Parcel Map for private utilities, private storm drains, reciprocal ingress and egress, etc. PUBLIC WORKS DEPARTMENT 7. Proof of Ownership: Prior to issuance of any grading, drainage or building permits for the site, the applicant shall provide a current Preliminary Title Report, grant deed, or other satisfactory proof of ownership. 8. Tentative Parcel Map: The applicant shall submit a complete and accurate tentative parcel map in accordance with the Planning Division's checklist and pay the required Planning Department fees. 9. 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, pay various fees/deposits and submit the map in a digital format acceptable to the City. 10. Right-of--Way for Public Street Purposes: Prior to the issuance of any grading or building permits for the site, the applicant shall fully complete the process to cause a five foot Public Service Easement and Sidewalk Easement to be granted in fee for public street purposes along the Sunnyside Avenue frontage. 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. 11. Demolition: Prior to recording of the parcel map, the applicant shall obtain a demolition permit and remove any nonconforming structures if necessary. 12. 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 the existing driveway approach and necessary sidewalk, curb and gutter. b. Installation of ADA compliant driveway approach and necessary sidewalk, curb and gutter. c. Installation of traffic control, strips and signs as necessary. d. Construction of conforms to existing public and private improvements, as necessary. e. Pavement restoration over all trenches needed for utility connections. (See items #36 and #37). Attachment #4 Page 3 of 4 13. Utilities: All on-site utilities shall be installed underground per Section 21.18.140 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. 14. Water Meter(s) and Sewer CleanoutL): Existing and proposed water meter and sewer cleanout shall be relocated onto private property behind the public right-of--way line. 15. 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. 16. Pavement Restoration: Based on the utility coordination plan, the applicant shall prepare a pavement restoration plan for approval by the City Engineer prior to any utility installation or abandonment. Streets that have been reconstructed or overlaid within the previous five years will require boring and jacking for all new utility installations. Sunnyside Avenue has not been overlaid 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. 17. Utility Encroachment Permit: Separate permits for the installation of utilities to serve the development will be required (including water, sewer, gas, electric, etc.). Applicant shall apply for and pay all necessary fees for utility permits for sanitary sewer, gas, water, electric and all other utility work. 18. Additional Street Improvements: Should it be discovered after the approval process that new utility main lines, extra utility work or other work is required to service the development, and should those facilities or other work affect any public improvements, the City may add conditions to the development/project/permit, at the discretion of the City Engineer, to restore pavement or other public improvements to the satisfaction of the City. 19. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding Stormwater pollution prevention. The primary objectives are to improve the quality and reduce the quantity of Stormwater runoff to the bay. Resources to achieve these objectives include Stormwater Best Management Practices Handbook for New Development and Redevelopment ("CA BMP Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for Stormwater Quality Protection ("Start at the Source") by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Stormwater Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. Attachment #4 Page 4 of 4 20. Occupancy: Prior to allowing occupancy for any and/or all buildings, the applicant shall have the required street improvements installed and accepted by the City, and the design engineer shall submit as-built drawings to the City. Campbell Planning Comn„~sion Minutes for January 8, 2008 Page 6 2. PLN2007-140 (PD) Public Hearing to consider the application of Mr. Shahryar PLN2007-141 (PM) Soroosh fora Planned Development Permit (PLN2007- Soroosh, S. 140) to allow the construction of a new two-story single- family home and a Tentative Parcel Map (PLN2007-141) to subdivide one property into two parcels on property owned by Mr. Shahryar Soroosh located at 115 Sunnyside Avenue in a P-D (Planned Development) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Tentative City Council Meeting Date: February 5, 2008. Project Planner: Steve Prosser, Planner 1 Mr. Steve Prosser, Planner I, presented the staff report as follows: • Reported that the applicant is seeking a Planned Development Permit approval to allow the construction of a new single-family residence and a Tentative Parcel Map to create two lots on property located at 115 Sunnyside Avenue. • Explained that a new single-family residence is currently under construction at the front of this property, that is at the north side of Sunnyside east of Sunnyside and Industrial. • Said that surrounding uses are residential. • Added that the Zoning is PD, which requires a PD Permit approved by Council. • Stated that the lot is net 8,700 square feet. The front lot (Lot A) will consist of 5,100 square feet and the back lot (Lot B) will consist of 3,600 square feet. • Reminded that in the PD Zone there is no minimum lot size but rather the lots should be consistent with surrounding uses. • Added that this project is consistent with issuance of a PD Permit. • Reported that the General Plan Land Use designation is Low to Medium Density Residential. The proposed density is at 8.79 units per gross acre and is consistent with that density. • Said that the new single-family residence that is under construction was approved under an Administrative process. • Described the proposed new home on the rear parcel to be a two-story Craftsman- style residence with siding on the first floor and stucco on the second. It will include a covered porch, two car garage and 25-foot long driveway. The upstairs bath windows will incorporate obscured glass. • Said that SARC reviewed this project on December 11, 2007, and their revisions are either incorporated on the plans and/or within the conditions of approval. • Said that this project is Categorically Exempt under CEQA. • Recommended that the Planning Commissioner adopt resolutions recommending Council approval of a PD Permit for the construction of a new single-family residence and Tentative Parcel Map to allow the creation of two residential parcels from one lot. • Reported that the applicant is present this evening. Campbell Planning Comrr~~~sion Minutes for January 8, 2008 Page 7 Chair Roseberry asked for clarification as to why the front house was not brought before the Commission but rather was processed through an Administrative hearing. Planner Steve Prosser said that it is correct that this structure was approved via an Administrative hearing as specified by the Zoning Code. Commissioner Gibbons asked if there was an expectation at that time that there would be a parcel created behind the front house. Planner Steve Prosser replied that it appears so as the driveway to the back of the lot was included. A second residence was not specified on the plans. Commissioner Gibbons asked if this would be a flag lot. Planner Steve Prosser replied no, it is an easement. Commissioner Gibbons asked why it was done in that way. Planner Steve Prosser replied to mirror a project to the east that was approved in 1997. Commissioner Gibbbons pointed out that 1997 is not. 2008. She asked if covered porches are counted against FAR. Planner Steve Prosser replied no, it is not counted in FAR but is included in lot coverage. Commissioner Gibbons asked how there are three spaces, two covered. She asked how that is achieved. Planner Steve Prosser said that there are tandem parking spaces in the garage and one uncovered parking space. Chair Roseberry opened the Public Hearing for Agenda Item No. 2. Mr. Mark Snow, Project Architect: • Offered some history and clarification on the front house. • Advised that he worked on the 1997 project at 154/158 Sunnyside. • Added that tandem parking allows rear and front yard space and gives the rear yard some privacy. • Stated that he thinks they are doing a good job with the construction of the front house. • Assured that they are aware of the sensitivity of the neighborhood. • Added that they are open to whatever it takes to make this work for all involved. Commissioner Alderete asked if the FAR for Parcel B is approximately 73 percent. Campbell Planning Comn„~sion Minutes for January 8, 2008 Page 8 Mr. Mark Snow replied correct. Commissioner Alderete asked Mr. Mark Snow if they had/would consider a smaller footprint. Mr. Mark Snow said sure to a point. He added that they want to stay consistent with the rest of the neighborhood. Commissioner Alderete asked Mr. Mark Snow about the community's desire to maintain neighborhood compatibility (small town character). He asked just how this project fits into the neighborhood when it looks like what is happening here is the construction of a monster home. Mr. Mark Snow: • Said that he cannot defend the house against small town character. • Added that the house was designed wider than deep in order to keep private yard space. • Agreed that appearance-wise this house looks large. • Said that the front porch element helps it fit the character of the area. Commissioner Alderete asked what the home is that is located in the pictures provided. Mr. Mark Snow said that this particular streetscape depicts the home they are currently building in the center. Chair Roseberry closed the Public Hearing for Agenda Item No. 2. Commissioner Alderete: • Said that this project represents a lot of building for the lots here, particularly the FAR for the rear lot. • Suggested that this offers a style of living that some folks choose and that's fine. • Said that the question for him is whether we want to go in that direction for every lot on this street. • Reiterated that the issue for him is the size of the structures as well as density. Commissioner Gibbons: • Offered two observations. The first is that this project is too large for this site. • Said that the PD Zoning offers both benefits and loopholes as it allows for non- specific setbacks. • Added that with that flexibility houses tend to be pushed to the maximum envelope of five-foot setbacks and the property is consumed. • Stated that this makes her feel as if this project is just too big. • Said that the second observation is that there is an unusual use of easement while a typical flag lot includes a 15-foot wide driveway. In this case, the driveway width Campbell Planning Comn~,.,sion Minutes for January 8, 2008 Page 9 is 14-feet to the face of the window and that does not include the bay window. That is too tight. • Said that for her there is a weird twist as she does not know why it's an easement and questions how this easement might impact new Building Code requirements. • Reiterated that there is too much development on this site. Commissioner Gairaud said he agrees. He added that the FAR seems to be a huge obstacle for him to approve this part of the project at this time. Chair Roseberry: • Said that this is just half of a project as the other half has already been approved. • Added that he has more issues with the house under construction than with the proposed house in the back but the front house is a done. deal. • Stated that tandem parking is a nightmare and the residents won't use it. One car will end up on the street. • Asked who controls the alley at the back of the property as it potentially increases the rear setback. • Reiterated that he does not have as many issues with tonight's project as with the project already approved (front house). Commissioner Gibbons said that the turf block area allows turnaround. She said she too is curious about the alley. Chair Roseberry re-opened the Public Hearing for Agenda Item No. 2. Chair Roseberry said he wants to know if this alley is private and also what the FAR is for the house on the left. Planner Steve Prosser: • Said that the City does not know the actual alley ownership. It is a question that has generated many discussions with Public Works and the ownership remains in limbo. • Added that other developments approved have been allowed to run off onto that property. • Reported that the FAR for 105/107 Sunnyside is .6 FAR total combined. Unit A (front) is at .53 and Unit B (rear) is at .70. Commissioner Gibbons asked what the typical footprint is for single-family. Planner Steve Prosser said 20-foot front setback, 5-foot or half of the wall height for sides and rear setbacks and 25-feet setback distance to garage. Commissioner Gibbons asked if turf block would be allowed on single-family property. Planner Steve Prosser said it would be allowed. Campbell Planning Comrr~,.,~ion Minutes for January 8, 2008 Page 10 Commissioner Alderete: • Said that the project seems dense but Sunnyside is going in that direction. • Said that this project meets Code requirements and metrics for this development. • Opined that the City is losing a certain flavor along these streets. • Advised that he can't make the findings to block and/or deny this development. • Agreed that the front lot is more of a problem over all. • Reported that he does not care for the way development is going on Sunnyside but he won't stand in the way of this project. Chair Roseberry offered the Site and Architectural Review Committee report as follows: • Said that SARC reviewed this project on December 11, 2007, and was generally supportive. • Advised that SARC wanted to see material details and the increase of the driveway length from 24 to 25 feet. • Added that SARC wanted revised plans to depict stamped concrete driveways for both parcels and to show the setback of Parcel A to the egress easement. Commissioner Alderete pointed to Condition 2, Item 6-b. Commissioner Gibbons said that she cannot be supportive as there is too much development for this site. It is pushing the envelope. She suggested continuing this item to allow the applicant to go back and look at it. Chair Roseberry: • Said that he has the same concerns expressed about this street but it represents the function of the rules set for this area. • Added that this applicant is playing by the established rules. • Suggested that it is those rules that need to change. • Said that he has a bad feeling because the front house was not before this Commission. • Stated that the rear house is big but not vastly outside of what could be expected to be approved per the rules. Commissioner Gibbons suggested a FAR of less than .7 percent without including the driveway. She said that as a PD project, this does not benefit this neighborhood and that a FAR of .7 percent pushes the envelope beyond what we have approved. Commissioner Alderete said it may be in the best interest to continue this item to see what changes the applicant can bring forward. He reminded that the applicant has said they would be willing to reduce the rear house to a point. Commissioner Gairaud said he agreed with the concept of a continuance but wanted to be sure and give the applicant specific suggestions and direction on what is expected including larger setbacks for the rear house. Campbell Planning Comm~~~ion Minutes for January 8, 2008 Page 11 Chair Roseberry: • Suggested figuring out what FAR should be targeted. • Asked if the continuance should be to a date certain. Commissioner Alderete said that the next meeting should be enough time as this applicant has a lot of experience doing this sort of project. Acting Director Jackie C. Young Lind said that two weeks is really not enough time to redesign a house properly and suggested the continuance be for two meetings out (February 12). Commissioner Alderete suggested that the desired setbacks be clarified. Commissioner Gibbons: • Said that problems she has with the front house are hindering her ability to recommend for the rear house. • Suggested giving staff direction to work with the applicant using the table previously prepared by staff on other projects approved in this area. • Reminded that the DeMattei project located on the other side was not allowed to count the alley and she suggested that it not be counted here. Mr. Mark Snow: • Thanked the Commissioners for their compliments on his ability. • Reported that 154/158 Sunnyside used the alley in determining the lot size. • Asked if the Parcel Map could be moved forward alone. Acting Director Jackie C. Young Lind advised the Commission that if the lots were to be approved the review of any home for that lot would fall under the Administrative process. Motion: Upon motion of Commissioner Alderete, seconded by Commissioner Gairaud, the Planning Commission CONTINUED CONSIDERATION TO ITS MEETING OF FEBRUARY 12, 2008, a Planned Development Permit (PLN2007-140) to allow the construction of a new two-story single-family home and a Tentative Parcel Map (PLN2007-141) to subdivide one property into two parcels on property owned by Mr. Shahryar Soroosh located at 115 Sunnyside Avenue, by the following roll call vote: AYES: Alderete, Gairaud, Gibbons and Roseberry NOES: None ABSENT: Doorley and Ebner ABSTAIN: Rocha Commissioner Rocha returned to the chambers and dais for the remainder of the meeting. ITEM N0.2 OF • CAMAe . ~ CITY OF CAMPBELL • PLANNING COMMISSION 0 o Staff Report • January 8, 2008 s •~RCHAR~• PLN2007-140 (PD) Public Hearing to consider the application of Mr. Shahryar Soroosh for PLN2006-141 (TPM) a Planned Development Permit (PLN2007-140) to allow the Shahryar, S. construction of a new single family residence and a Tentative Parcel Map (PLN2007-141) to create two residential lots on property owned by Mr. Shahryar Soroosh located at 115 Sunnyside Avenue in a P-D (Planned Development) Zoning District. STAFF RECOMMENDATION That the Planning Commission take the following actions: 1. Adopt a Resolution incorporating the attached findings, recommending that the City Council approve a Planned Development Permit (PLN2007-140) to allow the construction of anew single family residence, subject to the attached Conditions of Approval; and, 2. Adopt a Resolution incorporating the attached findings, recommending that the City Council approve a Tentative Parcel Map (PLN2007-141) to divide a parcel into two residential lots, subject to the attached Conditions of Approval. ENVIRONMENTAL DETERMINATION Staff recommends that the Planning Commission find that this project is Categorically Exempt under Section 15303, Class 3 of the California Environmental Quality Act (CEQA) pertaining to new construction or conversion of small structures; 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. PROJECT DATA Category Gross Lot Area: Proposed .23 acres (10,200 sq. ft.) Required/Allowed N/A Net Lot Area: Parcel A (front lot): Parcel B (rear lot): .20 acres (8,700 sq. ft.) 5,100 net sq. ft. 3,600 net sq. ft. N/A N/A N/A Project Density: 8.7 units/gross acre 13 units/gross acre max. Staff Report -Planning Conu~~ission Meeting of January 8, 2008 PLN2007-140/141 -115 Sunnyside Avenue Paue 2 of 6 Category Proposed Building Area: Proposed Required/Allowed Parcel A (Existing): First Floor: Covered Porch: Second Floor: Garage: Parcel B (Proposed): First Floor: Covered Porch: Garage: Second Floor: Floor Area Ratio (FAR)*: Parcel A: Parcel B: Overall Project: *Excludes covered porch Building Coverage: Parcel A: Parcel B: Overall Project: Parking: Parcel A: Parcel B: Total: Building Height: Parcel A (existing) Parcel B: Adjacent Land Uses: North: South: East: West: 1,348 sq. ft. 350 sq. ft. 1,090 sq. ft. 365 sq. ft. Total: 3,153 sq. ft. 1,090 sq. ft. 164 sq. ft. 400 sq. ft. 1,129 sq. ft. Total: 2,783 sq. ft. .55 (2,803 sq. ft.) .73 (2,619 sq. ft.) .62 (5,422 sq. ft.) 41% (2,063 sq. ft.) 46% (1,654 sq. ft.) 43% (3,717 sq. ft.) 3 spaces (2 covered) 4 spaces (2 covered) 7 spaces (4 covered) 26' 4" 26' 3" N/A N/A N/A 200 sq. ft. N/A N/A 200 sq. ft. N/A N/A N/A N/A N/A N/A N/A 3.5 spaces/unit (1 covered) 3.5 spaces/unit (1 covered) 7 spaces (2 covered) City Maximum City Maximum Alleyway/Residential (Low Density Residential/Historic District) Residential (Low to Medium Density Residential) Residential (Low to Medium Density Residential) Residential (Low to Medium Density Residential) Staff Report -Planning Conli~nssion Meeting of January 8, 2008 PLN2007-140/141 -115 Sunnyside Avenue Page 3 of 6 DISCUSSION A~nlicant's Proposal: The applicant is requesting approval of a Planned Development Permit to allow the construction of a new single family residence and a Tentative Parcel Map to create two residential lots on property located at 115 Sunnyside Avenue. Back rg ound: On July, 7, 2007, the existing residence located on the proposed Parcel A received approval of an Administrative Planned Development Permit for a first and second story addition/remodel that included an attached tandem garage. An existing illegal secondary living unit that was located on the proposed Parcel B was demolished as part of the Administrative Planned Development Permit approval process. Property Description: The subject property is currently developed with asingle-family residence under construction. The subject property is located on the north side of Sunnyside Avenue, just east of the intersection of Industrial Way and Sunnyside Avenue, adjacent to an alleyway to the north, and is surrounded by residential uses on all sides (reference Attachment 8, Location Map). ANALYSIS General Plan Desi agn tion: The General Plan land use designation for the project site is Low to Medium Density Residential, which permits residential development with a range of 6 to 13 units per gross acre. Development with this General Plan density consists generally of duplexes, small apartment buildings, and small lot single-family detached homes when the P-D (Planned Development) Zoning Designation is utilized. The density of the proposed project is 8.7 units per gross acre, which falls below the maximum permitted density for the site. The proposed project complies with the following General Plan Land Use Element policies and strategies: Policy LUT-5.2: Residential Neighborhoods: Maintain safe, attractive, pedestrian friendly residential neighborhoods with identifiable centers and consistent development patterns and a range of public and private services. Strategy LUT-5.2a: Neighborhood Compatibility: Promote new residential development and substantial additions that are designed to maintain and support the existing character and development pattern of the surrounding neighborhood, especially in historic neighborhoods and neighborhoods with consistent design characteristics. Policy LUT-9.3: Design and Plannin~patibility: Promote high quality, creative design and site planning that is compatible with surrounding development, public spaces and natural resources. Strategy LUT-9.3e: Building Materials: Encourage the use of long-lasting, high quality building materials on all buildings to ensure the long-term quality of the built environment. Staff Report -Planning Conli~~ission Meeting of January 8, 2008 PLN2007-140/141 -115 Sunnyside Avenue Page 4 of 6 Strategy LUT-17.1b: Landscaping: Ensure that new developments provide new tree plantings, shrubs, greenery and other landscaping materials, and preserve existing trees and shrubs. Downtown Neighborhoods: The project site is located within an area subject to the General Plan Downtown Neighborhoods policies and strategies. The General Plan encourages the maintenance of the "small town" character of the neighborhoods surrounding Downtown by encouraging the preservation of important historical resources and encouraging new development compatible in scale with existing development. The proposed project is consistent with the following policies and strategies for the Downtown Neighborhoods: Policy LUT-20.1: Compatibility: Ensure that new residential developments are designed to blend with existing building forms and be predominantly detached single-family units, as appropriate. Strategy LUT-20.1a: Detached Units: Ensure that development or redevelopment projects with more than two units consist of detached units with one and two-story building elements, when located in a predominantly single-family residential neighborhood. Ensure residential unit entries face the public street. Zoning Desi ng_ ation: The zoning designation for the project site is P-D (Planned Development). Under the P-D Zoning Ordinance, a Planned Development Permit must be approved by the City Council to allow construction of the project. The proposed project would be consistent with the zoning ordinance with approval of a Planned Development Permit. The P-D District is intended to provide a degree of flexibility which is not available in other zones to allow developments that are more consistent with site characteristics while creating an optimum quantity and use of open space and good design. Surrounding Neighborhood: The surrounding neighborhood on Sunnyside Avenue consists of a variety of residential types including single-family residences, attached townhomes, and multiple family residences. The parcels immediately adjacent to the project site are developed with two small lot single-family residences to the west, single family residences to the south and east and a single family residence to the north across a 16-foot wide alleyway. Subdivision Design: The existing parcel is 8,700 square feet in net area. Parcel A would be 5,100 square feet and Parcel B would be 3,600 square feet. Vehicular access to Parcel B would be through a twelve foot wide ingress/egress easement across the east side of Parcel A (reference Attachment 5, Sheet TM, Project Plans). The Planned Development Zoning District does not have a minimum lot size requirement but proposed projects should be consistent with surrounding uses. The proposed parcel sizes are consistent with other developments on Sunnyside Avenue. The density allowed under the General Plan is 6-13 units per gross acre and the project density is proposed at 8.7 units per gross acre. Staff Report -Planning Con~~nission Meeting of January 8, 2008 PLN2007-140/141-115 Sunnyside Avenue Page 5 of 6 Site Plan: The site plan proposes the construction of a detached two-story residential unit centered on the lot to the rear of the existing residence. There are no minimum setbacks required in the P-D Zoning District, however, the proposed residence will provide side setbacks of 5' 10" to the west, 5' to the east and rear setbacks of 5' to 14' (not including the alleyway to the rear) for the first story portion of the residence. Setbacks of 9' to the west, 8' to the east, and 8' to the rear for the second story portions are provided (reference Attachment 3, Sheet Al, Project Plans). Street Improvements: The City of Campbell Public Works Department is requiring, as a Condition of Approval, a five foot public service easement and sidewalk easement on private property contiguous with the public right-of--way along Sunnyside Avenue. The Public Works Department will also require relocation of existing utilities, necessary sidewalk, curb and gutter upgrades, and ADA compliant driveway approach (reference Attachment 5, Sheet C-2, Project Plans). Architecture: The proposed elevations for the rear house depict atwo-story Craftsman- influenced design consistent with the surrounding neighborhood with horizontal wood siding for the first floor and painted stucco for the second floor, wood trim, a decorative garage door with divided light panels, and a composition shingle roof (5 in 12 roof pitch). The proposed residence, including trim, would be of earth tone colors, with a dark brown roof. The residence would have a covered porch on both the front and rear of the residence and upgraded decorative garage and entry doors. The attached 2-car garage is proposed with a 25 foot driveway approach and turf block turn around (reference Attachment 5&6, Project Plans and Colored Elevation). The previously approved elevations for the front house also depict aCraftsman-influenced design (reference Attachment 5, Street View Color Elevation). The exterior building materials include stucco along the first floor and horizontal siding for the second floor separated by a bellyband, a decorative garage door with divided light panels, and a composition shingle roof. The exterior is gray in color with white trim and a gray roof. The residence includes a decorative front porch with stone wainscot columns and upgraded entry and garage door. As part of the application, a paved access way to the rear yard was approved to accommodate future development of the property. Landscapin Trees: The applicant has submitted a Preliminary Landscape Plan (reference Attachment 3, Sheet L1, Project Plans). The preliminary landscape plans includes the installation of four 24" box Japanese Maples (two on each lot) and assorted shrubbery and sod. The driveway to the rear lot would be lined with six 24" box Plum trees and two six 24" box Chinese Pistachio within the landscape strips. P king: A total of 7 parking spaces will be provided, 4 uncovered and 3 covered. Each single family residence will have a two car garage and at least 1 uncovered parking space. The residence on Lot A is providing a tandem 2-car garage with 1 uncovered space, while Lot B is proposing a conventional 2-car garage with 2 uncovered spaces. Fencin :The existing perimeter fencing is in need of replacement. Condition of Approval #9 of the Planned Development requires the fencing along the property lines to be replaced with a six- Staff Report -Planning Con~~nission Meeting of January 8, 2008 PLN2007-140/141 - 115 Sunnyside Avenue Page 6 of 6 foot high "good neighbor" wood fence at the sole expense of the applicant. Additionally, Condition of Approval #10 prohibits the installation of fencing along the western edge of the ingress/egress easement from the front property line to the northeast corner of the existing residence located on what would be Parcel A (reference Attachment 3, Conditions of Approval). Paving: Proposed paving within the front yard setback includes driveway and walks. Driveway materials for both Parcel A and B include stamped concrete. The paving for Lot 1 would be 47% coverage and Lot 2 would be 46% coverage. Site and Architectural Review Committee: The Site and Architectural Review Committee reviewed this application on December 11, 2007. The Committee was generally supportive of the project with the following revisions. 1. Provide cut sheets for the lap siding material, windows, and garage doors. 2. Provide details and color of trim to be used between the lap siding and stucco, and porch columns and rails. 3. Increase the driveway length located on Parcel B from 24 feet to 25 feet. 4. Revise the project plans to show stamped concrete for the driveways on both subject parcels. 5. Revise the project plans to show the setback from the residence on Parcel A to the ingress/egress easement on the site plan. The requested project revisions have either been shown on the revised project plans, color and material board or have been incorporated into the attached Conditions of Approval (reference Attachment 3, Conditions of Approval #'s 4 & 6). Attachments: 1. Findings for Approval of File No. PLN2007-140 (PD) 2. Findings for Approval of File No. PLN2007-141 (TPM) 3. Conditions of Approval for File No. PLN2007-140 (PD) 4. Conditions of Approval for File No. PLN2007-141 (TPM) 5. Revised Project Plans (Site Plan, Elevations, Floor Plans, Landscape, TPM), dated 12/20/07 6. Colored Elevation dated 1 /2/08 7. Colored Streetscape Elevation 8. Location Map Prepared by: Steve Prosser, Planner I Approved by: ~- ~-'L Ja t~ ~IoUNy t.~,jp Jackie C. Young Lmd, AICP, Acting Community Development Director Attachment # 1 FINDINGS FOR APPROVAL OF FILE NO PLN2007-140 (PLANNED DEVELOPMENT PERMIT) SITE ADDRESS: 115 Sunnyside Avenue APPLICANT: Mr. Shahryar Soorosh P.C. MEETING: January 8, 2008 Findings recommending approval of a Planned Development Permit to allow the construction of anew single family residence on property located at 115 Sunnyside Avenue. The Planning Commission finds as follows with regard to File No. PLN2007-140: 1. The density of the proposed project site is 8.7 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 project site is currently developed with asingle-family home with an attached garage, currently under construction. The subject property is located on the north side of Sunnyside Avenue, east of the intersection of Industrial Way and Sunnyside Avenue, and is surrounded by residential uses on all sides. 4. The site plan proposes the construction of one single family residence to the rear of an existing single family residence, each on individual lots. The residence on the rear parcel (Parcel B) would take vehicular access from an ingress/egress easement driveway recorded against the front parcel (Parcel A). The residence on the front parcel would take vehicular access from their private driveway from Sunnyside Avenue. 5. The project provides a total of 7 parking spaces, where 7 spaces are required. 6. The proposed project would consist of two single family residences with a total building coverage of 43%, landscaping coverage of 38%, and paving coverage of 19%. 7. The proposed project will have an overall floor area ratio of 0.62. 8. The conceptual landscaped areas show trees, shrubs and grass to be planted. The proposed landscaping represents 38% of the total lot 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. Attachment # 1 Page 2 of 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 which shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. Attachment #2 FINDINGS RECOMMENDING APPROVAL OF FILE NO PLN2007-141 (APPROVAL OF A TENTATIVE PARCEL MAP) SITE ADDRESS: 115 Surinyside Avenue APPLICANT: Mr. Shahryar Shoroosh P.C. MEETING: January 8, 2008 Findings recommending approval of a Tentative Parcel Map to create two residential lots on property located at 115 Sunnyside Avenue. The Planning Commission finds as follows with regard to File No. PLN2007-141: 1. The creation of two residential lots is consistent with the Low-Medium Density Residential (6-13 units per gross acre) General Plan land use designation for the property. 2. The proposed density of 8.7 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 Tentative Parcel Map is consistent with the Planned Development Zoning designation. 4. The project includes provisions for access to natural air and light for all of the units. 5. 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. 6. 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 Planning Commission further finds and concludes that: 1. The proposed Tentative Parcel Map is consistent with the General Plan and Zoning Ordinance of the City. 2. The 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. Attachment #2 Page 2 of 2 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. Attachment #3 CONDITIONS OF APPROVAL FOR FILE NO. PLN2007-140 (PLANNED DEVELOPMENT PERMIT) SITE ADDRESS: 115 Sunnyside Avenue APPLICANT: Mr. Shahryar Soroosh P.C. MEETING: January 8, 2008 The applicant is hereby notified, as part of this application, that (s)he is required to meet the following conditions in accordance with the ordinances of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. 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 items under review. Additionally, the applicant is hereby notified that (s)he is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified: COMMUNITY DEVELOPMENT DEPARTMENT Planning Division: 1. Approved Project: Approval is granted for a Planned Development Permit (PLN2007-140) to allow the construction of a new single family residence to the rear of an existing single family residence located at 115 Sunnyside Avenue. The building design and site design shall substantially conform to the project exhibits listed below, except as may be modified by the conditions of approval herein: a. Revised Project plans prepared by Mark Snow & Associates and stamped as received by the Planning Division on December 20, 2007. b. Tentative Parcel Map prepared by SMP Engineers and stamped as received by the Planning Division on December 20, 2007. c. Colored elevation and material board stamped as received by the Planning Division on January 2, 2008. 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. 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. Project Materials: The applicant shall provide cut sheets for the lap siding material, windows, and garage doors and details and color of trim to be used between the lap siding and stucco, and porch columns and rails for review and approval by the Community Attachment #3 Page 2 of 8 Development Director prior to obtaining Planning Department clearance for the issuance of all building permits. 5. Privacy Impacts: Obscure glass on all second story bathroom windows shall be incorporated into the project design. The applicant shall submit a materials sample, prior to the issuance of building permits, for review and approval by the Community Development Director. 6. 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 driveway materials shall consist of stamped concrete as shown on the proposed project plans dated December 20, 2007. c. The applicant shall provide a decorative pavement material for the walkways. 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. 7. Landscape and Irrigation Plan: The applicant shall submit a final landscape and irrigation plan to the Planning Division, prior to the issuance of building permits, for review and approval by the Community Development Director. The landscape and irrigation plan shall substantially conform with the approved conceptual landscape plan and the City's Water Efficient Landscaping Standards (WELS). 8. Easements: Upon recordation of the Parcel Map, the applicant shall cause Easements to be recorded as shown on the approved Tentative Parcel Map for private utilities, private storm drains, reciprocal ingress and egress, etc. 9. Park Impact Fee: The applicant shall pay the current park impact fee, based on a density range of six to thirteen units per gross acre, for the development of the site. Prior to recordation of the Parcel Map, 75% of this fee is due and the remaining 25% is due prior to issuance of a certificate of building occupancy. 10. 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/developer. 11. Fence along In reg ss/Egress Easement: The installation of fencing of any type is prohibited along the western edge of the ingress/egress easement from the front property line to the northeast corner of the existing residence located of Parcel A. 12. 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 Attachment #3 Page 3 of 8 demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). 13. 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. 14. 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. 15. 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. 16. Construction Activities: The applicant shall abide by the following requirements during construction: a. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00 p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take place on Sundays or holidays unless an exception is granted by the Building Official. b. Truck routes to and from the construction site should be established and submitted to the City for review and approval prior to issuance of a building permit. These truck routes shall avoid access to the project site via residential streets where possible. c. All construction equipment with internal combustion engines used on the project site shall be properly muffled and maintained in good working condition. d. Unnecessary idling of internal combustion engines shall be strictly prohibited. e. All stationary noise-generating construction equipment, such as air compressors and portable power generators, shall be located as far as possible from noise-sensitive receptors such as existing residences and businesses. f. Prior to the issuance of building permits, the project site shall be posted with the name and contact number of the lead contractor and construction hours in a location visible from the public street so that the contractor can be made aware of noise complaints. g. Construction equipment, vehicles, and workers associated with the development of the project shall not be permitted to park on any residential streets. h. Use dust-proof chutes for loading construction debris onto trucks. i. Water or cover stockpiles of debris, soil, and other materials that can be blown by the wind. Attachment #3 Page 4 of 8 j. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard. k. Sweep daily (with water sweepers) all paved access roads, parking areas, and staging areas at the construction site. 1. Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets, as directed by the City Engineer. m. Enclose, cover, water twice daily or, or apply (non-toxic) soil stabilizers to exposed stockpiles (dirt, sand, etc.). 17. Utilities: All new on-site utilities shall be installed underground per section 21.18.140 (Undergrounding of Utilities) of the Campbell Municipal Code. 18. 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: 19. Permits Required: A separate building permit application shall be required for the proposed new single family dwelling and the complete remodeling and addition to the existing structure. The building permits shall include ElectricaUPlumbing/Mechanical fees when such work is part of the permit. 20. 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. 21. Plan Preparation: Portions of this project require 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. 22. Construction Plans: The conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 23. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 24. Site Plan: Applications for building permits shall include competent engineer prepared site plans that identify each property and the proposed structures with dimensions and elevations as appropriate. Site plan shall also include thorough site drainage details. 25. Foundation Inspection: A pad certificate prepared by a licensed civil engineer or land surveyor shall be submitted to the project building inspector upon foundation inspection. Attachment #3 Page 5 of 8 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 engineer for the following items: a. pad elevation b. finish floor elevation (first floor) c. foundation corner locations 26. Title 24 Energy Compliance: California Title 24 Energy Compliance forms Cf-1R and MF- 1Rshall be blue-lined on the construction plans. 8%Z X 11 calculations shall be submitted as well. 27. Special Inspections: When a special inspection is required by C.B.C. Chapter 17, 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 C.B.C Section 106. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 28. 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. 29. Annrovals 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. 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. d. Bay Area Air Quality Management District (Demolitions Only) 30. 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. Attachment #3 Page 6 of 8 31. 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. 32. Declaration of Intent to Occupy: The applicant shall obtain a "Declaration of Intent to Occupy" form from Building Inspection Division. Applicant shall complete the form and return it to the Building Division upon submittal of application for permit. PUBLIC WORKS DEPARTMENT 33. Proof of Ownership: Prior to issuance of any grading, drainage or building permits for the site, the applicant shall provide a current Preliminary Title Report, grant deed, or other satisfactory proof of ownership. 34. Tentative Parcel Map: The applicant shall submit a complete and accurate tentative parcel map in accordance with the Planning Division's checklist and pay the required Planning Department fees. 35. 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, pay various fees/deposits and submit the map in a digital format acceptable to the City. 36. Ri t-of-Way for Public Street Purposes: Prior to the issuance of any grading or building permits for the site, the applicant shall fully complete the process to cause a five foot Public Service Easement and Sidewalk Easement to be granted in fee for public street purposes along the Sunnyside Avenue frontage. 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. 37. 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 the existing driveway approach and necessary sidewalk, curb and gutter. b. Installation of ADA compliant driveway approach and necessary sidewalk, curb and gutter. c. Installation of traffic control, strips and signs as necessary. d. Construction of conforms to existing public and private improvements, as necessary. e. Pavement restoration over all trenches needed for utility connections. (See items Attachment #3 Page 7 of 8 #36 and #37). 38. Utilities: All on-site utilities shall be installed underground per Section 21.18.140 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. 39. Water Meter(s~ and Sewer Cleanout(s): Existing and proposed water meter and sewer cleanout shall be relocated onto private property behind the public right-of--way line. 40. 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. 41. Pavement Restoration: Based on the utility coordination plan, the applicant shall prepare a pavement restoration plan for approval by the City Engineer prior to any utility installation or abandonment. Streets that have been reconstructed or overlaid within the previous five years will require boring and jacking for all new utility installations. Sunnyside Avenue has not been overlaid 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. 42. Utility Encroachment Permit: Separate permits for the installation of utilities to serve the development will be required (including water, sewer, gas, electric, etc.). Applicant shall apply for and pay all necessary fees for utility permits for sanitary sewer, gas, water, electric and all other utility work. 43. Additional Street Improvements: Should it be discovered after the approval process that new utility main lines, extra utility work or other work is required to service the development, and should those facilities or other work affect any public improvements, the City may add conditions to the development/project/permit, at the discretion of the City Engineer, to restore pavement or other public improvements to the satisfaction of the City. 44. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding stormwater pollution prevention. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay. Resources to achieve these objectives include Stormwater Best Management Practices Handbook for New Development and Redevelopment ("CA BMP Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for Stormwater Quality Protection ("Start at the Source") by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Attachment #3 Pa~?e 8 of 8 Techniques to Meet Development Standards for Stormwater Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. 45. Occupancy: Prior to allowing occupancy for any and/or all buildings, the applicant shall have the required street improvements installed and accepted by the City, and the design engineer shall submit as-built drawings to the City. FIRE DEPARTMENT 46. Required Fire Flow: The fire flow for this project is 1000 gpm at 20 psi residual pressure. The required fire flow is available from area water mains and fire hydrant(s) which are paced at the required spacing. 47. Required Access to Water Supply (Hydrants: Portions of the structure(s) are greater than 150 feet of travel distance from the centerline of the roadway containing public fire hydrants. Provide an on-site fire hydrant OR, provide an approved fire sprinkler system throughout all portions of the building, designed per national Fire Protection Association (NFPA) Standard #13D and local ordinances. The fire sprinkler system supply valuing shall be installed per Fire Department Standard Detail & Specifications W-1/SP-6. 48. Project Plans: To prevent review and inspection delays, the Conditions of Approval shall be addressed as "notes" on all pending and future plan submittals and any referenced diagrams to be reproduced onto the future plan submittal. Attachment #4 CONDITIONS OF APPROVAL FOR FILE NO. PLN2007-141 (TENTATIVE PARCEL MAP) SITE ADDRESS: 115 Sunnyside Avenue APPLICANT: Mr. Shahryar Soroosh P.C. MEETING: January 8, 2008 The applicant is hereby notified, as part of this application, that (s)he is required to meet the following conditions in accordance with the ordinances of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. 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 items under review. Additionally, the applicant is hereby notified that (s)he 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 an Approval of a Tentative Parcel Map (PLN2007-141) to create two residential lots on property located at 115 Sunnyside Avenue. The Tentative Parcel Map shall substantially conform to the Tentative Parcel Map prepared by SMP Engineers and stamped as received by the Planning Division on December 20, 2007, except as may be modified by the Conditions of Approval herein. 2. Approval Expiration: The Approval of the Tentative Parcel Map is for a period of two years, unless an extension is granted prior to the expiration date. Failure to record the Parcel Map before this date shall render the Tentative Parcel Map void. 3. Park Impact Fee: The applicant shall pay the current park impact fee, based on a density range of six to thirteen units per gross acre, for the 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 and 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). Attachment #4 Page 2 of 4 6. Easements: Upon recordation of the Parcel Map, the applicant shall cause Easements to be recorded as shown on the approved Tentative Parcel Map for private utilities, private storm drains, reciprocal ingress and egress, etc. PUBLIC WORKS DEPARTMENT 7. Proof of Ownership: Prior to issuance of any grading, drainage or building permits for the site, the applicant shall provide a current Preliminary Title Report, grant deed, or other satisfactory proof of ownership. 8. Tentative Parcel Map: The applicant shall submit a complete and accurate tentative parcel map in accordance with the Planning Division's checklist and pay the required Planning Department fees. 9. 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, pay various fees/deposits and submit the map in a digital format acceptable to the City. 10. Ri t-of--Way for Public Street Purposes: Prior to the issuance of any grading or building permits for the site, the applicant shall fully complete the process to cause a five foot Public Service Easement and Sidewalk Easement to be granted in fee for public street purposes along the Sunnyside Avenue frontage. 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. 11. Demolition: Prior to recording of the parcel map, the applicant shall obtain a demolition permit and remove any nonconforming structures if necessary. 12. 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 the existing driveway approach and necessary sidewalk, curb and gutter. b. Installation of ADA compliant driveway approach and necessary sidewalk, curb and gutter. c. Installation of traffic control, strips and signs as necessary. d. Construction of conforms to existing public and private improvements, as necessary. e. Pavement restoration over all trenches needed for utility connections. (See items #36 and #37). Attachment #4 Page 3 of 4 13. Utilities: All on-site utilities shall be installed underground per Section 21.18.140 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. 14. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter and sewer cleanout shall be relocated onto private property behind the public right-of--way line. 15. 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. 16. Pavement Restoration: Based on the utility coordination plan, the applicant shall prepare a pavement restoration plan for approval by the City Engineer prior to any utility installation or abandonment. Streets that have been reconstructed or overlaid within the previous five years will require boring and jacking for all new utility installations. Sunnyside Avenue has not been overlaid 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. 17. Utility Encroachment Permit: Separate permits for the installation of utilities to serve the development will be required (including water, sewer, gas, electric, etc.). Applicant shall apply for and pay all necessary fees for utility permits for sanitary sewer, gas, water, electric and all other utility work. 18. Additional Street Improvements: Should it be discovered after the approval process that new utility main lines, extra utility work or other work is required to service the development, and should those facilities or other work affect any public improvements, the City may add conditions to the development/project/permit, at the discretion of the City Engineer, to restore pavement or other public improvements to the satisfaction of the City. 19. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding Stormwater pollution prevention. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay. Resources to achieve these objectives include Stormwater Best Management Practices Handbook for New Development and Redevelopment ("CA BMP Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for Stormwater Quality Protection ("Start at the Source") by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Stormwater Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. Attachment #4 Page 4 of 4 20. Occupancy: Prior to allowing occupancy for any and/or all buildings, the applicant shall have the required street improvements installed and accepted by the City, and the design engineer shall submit as-built drawings to the City.