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CC Ordinance 2160ORDINANCE NO. zi6o BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A PLANNED DEVELOPMENT PERMIT (PLN2011-255) WITH A PARKING MODIFICATION PERMIT (PLN2012-43) TO ALLOW THE CONSTRUCTION OF 25 SMALL-LOT SINGLE-FAMILY RESIDENCES ON PROPERTY LOCATED AT 125 S. SAN TOMAS AQUINO ROAD. APPLICATION OF ARCADIA HOMES, INC. After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the City Council of the City of Campbell does ordain as follows: SECTION ONE: That this Ordinance be adopted to approve a Planned Development Permit (PLN2011-255) with a Parking Modification Permit (PLN2012-43) to allow the construction of 25 small-lot single-family residences on property located at 125 S. San Tomas Aquino Road subject to the attached conditions of approval (attached Exhibit A). SECTION TWO: This Ordinance shall become effective thirty (30) days following its passage and adoption and shall be published, one time within fifteen (15) days upon passage and adoption in the Campbell Express, a newspaper of general circulation in the City of Campbell, County of Santa Clara. PASSED AND ADOPTED this sra day of July , 2012 by the following roll call vote: AYES: COUNCILMEMBERS: Cristina, Waterman, Low, Kotowski NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Baker ABSTAIN: COUNCILMEMBERS: None _ -- ~.,` - d -~su~ APPROV /, ichael F. Kotowski, Mayor ATTEST: Anne Bybee, City Clerk Conditions of Approval Exhibit A Planned Development Permit with Parking Modification Permit PLN2011-255/PLN2012-43 - 125 S. San Tomas Aquino Road Paoe 1 Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. COMMUNITY DEVELOPMENT DEPARTMENT Planning Division: 1. Approved Proiect: Approval is granted for a Planned Development Permit (PLN2011- 255) with a Parking Modification Permit (PLN2012-43) to allow the construction of twenty-five small lot detached single-family residences, in conjunction with, and subject to, approval of a General Plan Amendment (PLN2011-258), a Zoning Map Amendment (PLN2011-257), a Tentative Vesting Subdivision Map (PLN2011-256), and a Tree Removal Permit (PLN2012-100), on property located at 125 S. San Tomas Aquino Road. The project shall substantially conform to the Revised Project Plans (including architectural, civil, and landscaping sheets), dated as received by the Planning Division March 15, 2012, except as may be modified by the Conditions of Approval herein 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 and Parking Modification Permit shall be void. 3. Indemnity: Within thirty (30) days of project approval, the applicant shall enter into an agreement satisfactory to the City Attorney to indemnify and defend the City of Campbell, its officers, officials, employees, and agents from any and all actions, liabilities, losses, and torts, including attorney's fees arising out of or connected unto any challenge to the decision of the City Council on this application. 4. Final Map: The Planned Development Permit approval is contingent upon recordation of the Final Vesting Subdivision Map to divide the subject property. The Final Vesting Subdivision Map shall be recorded prior to the issuance of building permits. 5. Planning Mitigation Monitoring Fee: Prior to building permit issuance, the applicant shall pay a $8,000.00 deposit to cover the actual staff cost, at the rate of an Associate Planner position, to ensure compliance with the mitigation monitoring and with the conditions of approval specified herein. City Council Ordinance -Conditions of Approval PLN2011-255 & PLN2012-43 - 125 S. San Tomas Aquino Road Planned Development Permit & Parking Modification Permit Page 2 6. Revision to Plans: The building permit submittal construction plans shall incorporate the following revisions: a. Conditions of Approval: The conditions of approval herein shall be stated in fuller in the construction plans. b. Site Plan: The site plan shall identify Lots No. 8 & 9 as being developed with 2- story units. c. Landscaping Plan: The applicant shall submit a final landscape and irrigation plan with the building permit construction drawings prepared by a licensed landscape architect, in compliance with Chapter 2.7, Division 2, of Title 23 of the California Code of Regulations -Water Efficient Landscape Requirements, in substantial compliance with the conceptual landscaping plan. The Landscaping plan shall include the following: o All trees shall be a minimum 24-inch boxed size and all shrubs shall be a minimum of 5-gallon size. No redwood trees shall be used as on-site landscaping. o The number of landscaping plantings shall be minimized to reduce long-term maintenance cost. o All landscape areas shall be protected by 6-inch high poured in place concrete curbs. o A notation indicating that all landscaping shall be installed prior to building occupancy. 7. Building Elevations, Details and Colors: The applicant shall submit detailed building elevations and exhibits depicting architectural details. Detailed elevations and exhibits shall be approved by the Community Development Director prior to the issuance of building permits. 8. Pad Certification: Following site grading and prior to preparation of individual building pad forms, the following improvements shall be certified by a licensed land surveyor and reviewed by the Community Development Director to determine consistency with the Planning Commission approved plan (grade, pad and drainage). 9. Park Impact Fee: A park impact fee, based on a density range of six to thirteen units per gross acre, is due upon development of the site. Prior to recordation of the Parcel Map, 75% of this fee is due. The remaining 25% is due prior to issuance of a certificate of building occupancy. The fee is currently set at $9,415.00 per unit. This fee is subject to change and the fee in effect at the time of payment shall be the fee due. 10. Below Market Rate Housino: In compliance with CMC 21.24 (Inclusionary Housing Ordinance), the developer shall enter into a below market housing (BMR) agreement with the City to provide four (4) on-site residential units at below market rate cost to City Council Ordinance -Conditions of Approval PLN2011-255 & PLN2012-43 - 125 S. San Tomas Aquino Road Planned Development Permit & Parking Modification Permit Page 3 lower-income and moderate-income households for a period of forty-five (45) years. The agreement, which shall be prepared to the satisfaction of the Community Development Director, shall specify the exact distribution, location, and affordability- level of the below market rate units. The agreement shall be executed prior to the issuance of building permits. 11. Residential Address Identification: The applicant shall submit a detail sheet showing uniform residential address identification material type and location on the building wall for review and approval by the Community Development prior to the issuance of Building Permits. In order to obtain approval, numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Additionally, number material and color is required to contrast with their background. 12. Fences & Retaining Walls: All new fences and wall shall be constructed in compliance with the approved Project Plans. The design and location of all fences and retaining walls shall be reviewed and approved by the Community Development Director prior to issuance of any building permits for the project. Fencing along the property lines shall be replaced at the expense of the applicant, unless it is determined to be in good condition by the Community Development Director. 13. 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). 14. Utility Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to installation of the underground PG&E utility (transformer) boxes and San Jose Water Company back-flow preventers, indicating the location of the boxes for approval by the Community Development Director. 15. On-Site Lighting: The design and type of lighting fixtures and lighting intensity of new exterior lighting for the project shall be in compliance with the Approved Project Plans, and shall be reviewed and approved by the Community Development Director prior to installation. Lighting fixtures shall be of a decorative design to be compatible with the residential development and shall incorporate energy saving features. Lighting standards shall not exceed 18'/z feet (on center) in height. 16. Contractor Contact Information Posting: The project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street prior to issuance of building permits. 17. Construction Activities: Construction Related Activities shall conform to the following restrictions [MITIGATION MEASURE 12(b)] City Council Ordinance -Conditions of Approval PLN2011-255 & PLN2012-43 - 125 S. San Tomas Aquino Road Planned Development Permit & Parking Modification Permit Paae 4 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 shall be established to 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 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. 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. 19. Cultural Resources: If archaeological or paleontological resources are encountered during excavation or construction, construction personnel shall be instructed to immediately suspend all activity in the immediate vicinity of the suspected resources and the City and a licensed archeologist or paleontologist shall be contacted to evaluate the situation. A licensed archeologist or paleontologist shall be retained to inspect the discovery and make any necessary recommendations to evaluate the find under current CEQA guidelines prior to the submittal of a resource mitigation plan and monitoring program to the City for review and approval prior to the continuation of any on-site construction activity. [MITIGATION MEASURE 5(a)] 20. Geology and Soils: The applicant shall comply with the recommendations in the Geotechnical Investigation, dated May 14, 2010 by Cornerstone Earth Group. Such recommendations shall be incorporated into the project's final engineering design to minimize the damage from seismic shaking, unsuitable fill, and other geological deficiencies. The project shall use standard engineering techniques and conform to the requirements of the International Building Code to reduce the potential for seismic damage and risk to future occupants. [MITIGATION MEASURE 6(a)] City Council Ordinance -Conditions of Approval PLN2011-255 & PLN2012-43 - 125 S. San Tomas Aquino Road Planned Development Permit & Parking Modification Permit Paae 5 21. Hazards and Hazardous Materials: Prior to issuance of a demolition or building permit, the applicant shall provide a Soil Management Plan (SMP), prepared by a qualified professional, that shall provide protocols and procedures to be employed if contaminated materials are encountered during site development activities. [MITIGATION MEASURE 8(a)] 22. Noise: All windows and door for residential units fronting San Tomas Aquino Road shall include sound insulation ratings of no less than STC 32. Windows and doors for all other units shall incorporate STC rating of no less than 26. [MITIGATION MEASURE 12(a)] Building Division: 23. Permits Reouired: A building permit application shall be required for each proposed new single family dwelling structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 24. Plan Preparation: This project requires plans prepared under the direction and oversight of a California licensed Engineer or Architect. Plans submitted for building permits shall be "wet stamped" and signed by the qualifying professional person. 25. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 26. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 inches by 36 inches. 27. 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. 28. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. Site plan shall also include thorough site drainage details. Property lines shall be clearly identified in relationship to exterior walls. 29. Foundation Inspections: A pad certificate prepared by a licensed civil engineer or land surveyor shall be submitted to the project building inspector upon foundation inspection. This certificate shall certify compliance with the recommendations as specified in the soils report and the building pad elevation and on-site retaining wall locations and elevations are prepared according to approved plans. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer for the following items: a. pad elevation City Council Ordinance -Conditions of Approval PLN2011-255 & PLN2012-43 - 125 S. San Tomas Aquino Road Planned Development Permit & Parking Modification Permit Paae 6 b. finish floor elevation (first floor) c. foundation corner locations 30. Title 24 Energy Compliance: California Title 24 Energy Compliance forms shall be blue-lined on the construction plans. 8'/z X 11 calculations shall be submitted as well. 31. 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 Appendix 1, Section 106. Please obtain City of Campbell Special Inspection forms from the Building Inspection Division Counter. 32. 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. 33. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. West Valley Sanitation District (378-2407) b. Santa Clara County Fire Department (378-4010) c. Bay Area Air Quality Management District (Demolitions Only) d. School District: i. Campbell Union School District (378-3405) ii. Campbell Union High School District (371-0960) iii. Moreland School District (379-1370) iv. Cambrian School District (377-2103) Note: To determine your district, contact the offices identified above. Obtain the School District payment form from the City Building Division, after the Division has approved the building permit application. 34. P.G. & E.: The applicant is advised to contact P.G. &E. as early as possible in the approval process. Service installations, changes and/or relocations may require substantial scheduling time and can cause significant delays in the approval process. The applicant should also consult with P.G. & E. concerning utility easements, distribution pole locations and required conductor clearances. 35. Cal Green Building Code: This project is subject to the mandatory requirements for new residential structures under the California Green Building Code, 2010 edition. 36. Construction Fencing: This project shall be properly enclosed with construction fencing to prevent unauthorized access to the site during construction. The construction site shall be secured to prevent vandalism and/or theft during hours when no work is being done. All protected trees shall be fenced to prevent damage to root systems. City Council Ordinance -Conditions of Approval PLN2011-255 & PLN2012-43 - 125 S. San Tomas Aquino Road Planned Development Permit & Parking Modification Permit Paae 7 37. Build it Green: Applicant shall complete and submit a "Build it Green" inventory of the proposed new single family project prior to issuance of building permit. FIRE DEPARTMENT 38. Fire Review: Review of this Developmental proposal is limited to acceptability of site access and water supply as they pertain to fire department operations, and shall not be construed as a substitute for formal plan review to determine compliance with adopted model codes. Prior to performing any work the applicant shall make application to, and receive from, the Building Department all applicable construction permits. 39. Automatic Fire Sprinkler System Required: An automatic sprinkler system shall be provided throughout all new buildings and structures exceeding one (thousand) square feet. Exception: Group A, B, E, F, I, L, M, S and U occupancy buildings and structures that do not exceed 1,000 square feet of building area. NOTE: Covered porches, patios, balconies, and attic spaces may require fire sprinkler coverage. A State of California licensed (C-16) Fire Protection Contractor shall submit plans, calculations, a completed permit application and appropriate fees to this department for review and approval prior to beginning their work. CFC Sec. 903.2, as adopted and amended by CBLMC. 40. Fire Apparatus (Ladder Truck) Access Roads Required: Provide access roadways with a paved all weather surface and a minimum unobstructed width of 26 feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 45 feet outside and 31 feet inside, a maximum slope of 10% and vehicle loading of 75,000 pounds. CFC Sec. 503. 41. Fire Apparatus (Enainel Access Roads Required: Provide access roadways with a paved all weather surface, a minimum unobstructed width of 20 feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 36 feet outside and 23 feet inside, and a maximum slope of 15%. For installation guide lines refer to Fire Department Standard Details and Specifications sheet A-1. CFC Sec. 503. 42. Rescue Window Access: Ground-ladder rescue from second and third floor rooms shall be made possible for fire department operations. With the climbing angle of seventy five degrees maintained, an approximate walkway width along either side of the building shall be no less than seven feet clear. Landscaping shall not be allowed to interfere with the required access. CFC Sec. 1029. 43. Premises Identification: Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background. CFC Sec. 505. 44. Public Fire Hydrant(s) Reauired: Provide public fire hydrant(s) at location(s) to be determined jointly by the Fire Department and San Jose Water Company. Maximum City Council Ordinance -Conditions of Approval PLN2011-255 & PLN2012-43 - 125 S. San Tomas Aquino Road Planned Development Permit & Parking Modification Permit hydrant spacing shall be 600 feet, with a minimum single hydrant flow of 1,000 GPM at 20 psi, residual. Fire hydrants shall be provided along required fire apparatus access roads and adjacent public streets. Show these on the Utility plan CFC Sec. 507. 45. Timing of Required Water Suoolv Installations: Installations of required fire service(s) and fire hydrant(s) shall be tested and accepted by the Fire Department, prior to the start of framing or delivery of bulk combustible materials. Building permit issuance may be withheld until required installations are completed, tested, and accepted. CFC Sec. 501. 46. Timing of Required Roadway Installations: Required access roads, up through first lift of asphalt, shall be installed and accepted by the Fire Department prior to the start of combustible construction. During construction, emergency access roads shall be maintained clear and unimpeded. Note that building permit issuance may be withheld until installations are completed. Temporary access roads may be approved on a case by case basis. CFC Sec. 501. PUBLIC WORKS DEPARTMENT 47. Tentative Vesting Subdivision Map: All Conditions of Approval of the Vesting Tentative Subdivision Map (PLN2011-256) shall be implemented and fulfilled to the satisfaction of the Public Works Director. Non-compliance shall be grounds for consideration of revocation of the Planned Development Permit by the City Council.