PC Res 3549
RESOLUTION NO. 3549
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL RECOMMENDING APPROVAL OF A
PLANNED DEVELOPMENT PERMIT (PLN2003-149) TO ALLOW
THE CONSTRUCTION OF FOUR TOWNHOME UNITS ON
PROPERTY OWNED BY MR. QUE NADER LOCATED AT 549 W.
RINCON AVENUE IN A P-D (PLANNED DEVELOPMENT) ZONING
DISTRICT. APPLICATION OF MR. QUE NADER. FILE NO.
PLN2003-149.
After notification and public hearing, as specified by law, and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the Planning Commission did find as follows
with respect to application PLN2003-149.
1. The density of the proposed project site is 13.8 units per gross acre, which is consistent with
the General Plan land use designation of Low-Medium Density Residential (14-20 units per
gross acre).
2. The proposed project is consistent with the Planned Development Zoning Ordinance.
3. The site plan proposes the construction of four townhomes each on individual lots and a
common lot. All of the residences take vehicular access from West Rincon Avenue via a 19-
foot wide, common access driveway running along the easterly property line.
4. Private open space is provided for each unit by a private rear yard area. The rear yard areas
have a minimum depth of7 to 12 feet and an average area of 472 square feet.
5. The project provides 14 off-street parking spaces, where 14 spaces are required.
6. The completed project would consist of four new townhomes with a building coverage of
39%, landscaping coverage of33% and paving coverage of28%.
7. The proposed project will have a floor area ratio of 0.70.
8. The subject property is surrounded by a school to the north, townhomes to the west, a single-
family residence to the east and a park to the south.
9. The proposed massing and design of the buildings are consistent with other developments in
the surrounding area and recent townhome developments.
10. The project qualifies as Categorically Exempt under Section 15303, Class 3 of the California
Environmental Quality Act (CEQA).
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
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1. The proposed development will result in a more desirable environment and use of the land
than would be possible under any other zoning classification.
2. The development will be compatible with the General Plan of the City and will aid in the
harmonious development of the immediate area.
3. The proposed development will not result in allowing more residential units than would be
allowed by other residential zoning districts, which are consistent with the General Plan
designation of the property.
4. The proposed development will not be detrimental to the health, safety or welfare of the
neighborhood or the City as a whole.
5. There is a reasonable relationship and a rough proportionality between the conditions of
approval and the impacts of the project.
6. There is a reasonable relationship between the use of the fees imposed upon the project and
the type of development project.
7. No substantial evidence has been presented from which a reasonable argument could be
made that shows that the project, as currently presented and subject to the required conditions
of approval, will have a significant adverse impact on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval
of a Planned Development Permit (PLN2003-149) to allow the construction of five townhome
units on property owned by Mr. Que Nader located at 549 W. Rincon Avenue subject to the
following conditions:
Where approval by the Director of Community Development, City Engineer, Public Works
Director, City Attorney or Fire Department is required, that review shall be for compliance with
all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and
regulations and accepted engineering practices for the item under review. Additionally, the
applicant is hereby notified that he/she is required to comply with all applicable Codes or
Ordinances of the City of Campbell and the State of California that pertain to this development
and are not herein specified.
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
1. Approved Project: Approval is granted for a Planned Development Permit to allow the
construction of four townhomes located at 549 W. Rincon 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:
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a. Project plans prepared by EDG Inc., and stamped as received by the Planning Division on
November 07, 2003, and including a site plan, floor plans, elevations, and conceptual
landscape and irrigation plan.
b. Color and material board submitted by EDG Inc.
c. Tentative Parcel Map and conceptual Grading and Drainage Plan prepared by, TS
Engineering, November 17,2003.
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 Final Map to divide the subject property. The Final Map shall be recorded prior to the
issuance of building permits.
4. Landscape Plan: The applicant shall submit four sets of a landscape and irrigation plan to the
Planning Division, prior to the issuance of building permits, for review and approval by the
Community Development Director. The landscape and irrigation plan shall substantially
conform with the approved conceptual landscape plan and the City's Water Efficient
Landscaping Standards (WELS) and shall include the following:
a. Provide a combination of screening shrubs, trees and vines along the driveway.
b. All shrubs shall be a minimum five-gallon size plant material and all trees shall be a
minimum 24-inch boxed container.
c. The one large pine tree along the side property line shall be retained and protected.
5. Park Impact Fee: A park impact fee of $6,615 per unit is due upon development of the site.
Credit in the amount of $10,990 will be given for the existing single-family residence. 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.
6. Fences: Any new or existing fencing shall comply with Section 21.59.090 of the Campbell
Municipal Code and shall be reviewed and approved by the Community Development
Director prior to issuance of any building permits for the project. Any existing fencing to
remain shall be determined to be in good condition by the Community Development
Director.
7. 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
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demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform
Fire Code).
8. Utility Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to
installation of PG&E transformers and San Jose Water Company back-flow preventers,
indicating the location of the facilities and screening (if the facilities are above ground) for
approval by the Community Development Director.
9. 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.
10. Construction Mitigation Measures: The applicant shall implement the following construction
mitigation measures:
a. Construction activities will be limited to daytime hours of8:00 am to 5:00 p.m. weekdays
and 9:00 a.m. to 4:00 p.m. Saturdays. Construction is prohibited on Sundays and
Holidays unless an exception is granted by the Building Official.
b. No pile driving is allowed for construction of the project.
c. All internal combustion engines for construction equipment used on the site will be
properly muffled and maintained.
d. All stationary noise generating construction equipment, such as air compressors and
portable power generator, will be located as far as practical from the existing residences
and businesses.
e. All active construction areas shall be watered at least twice daily.
f. Cover all trucks hauling soil and other loose materials stationed or prior to leaving the
site.
g. Pave, apply water, or apply non-toxic soil stabilizers on all unpaved surfaces, and staging
areas at the construction site.
11. Parking and Driveways: All parking and driveway areas shall be developed in compliance
with Chapter 21.50 of the Campbell Municipal Code and the approved project plans. The
applicant shall provide a decorative pavement material within the common access driveway,
uncovered parking spaces and walkways. The design and material to be used for the
decorative pavement shall be reviewed and approved by the Community Development
Director prior to issuance of building permits for the project.
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12. Covenants. Codes and Restrictions (CC&Rs): Prior to recordation of the Parcel Map and
CC&R's, the applicant shall submit for review and approval by the City Attorney and
Community Development Director a copy of the draft CC&Rs which shall include the
following:
a. The formation of a homeowner's association to ensure the long-term maintenance of the
buildings and property.
b. Continued architectural controls to ensure the architectural integrity of the project.
c. Definition of common areas to be maintained and provision of maintenance for these
areas, including the common access driveway.
d. Provision of a funding mechanism to ensure maintenance and upkeep of common areas
and shared building walls and roofs to be repaired, repainted, and/or replaced as
necessary.
e. Provision for the availability of an interior garage space for the parking of two vehicles at
all times.
f. Provision to prohibit the use of parking spaces for storage purposes, including boats,
trailers, and recreational vehicles.
g. The on-site sewer shall be privately maintained.
13. Contractor Contact Information Posting: The project site shall be posted with the name and
contact number of the lead contractor in a location visible from the public street prior to the
issuance of building permits.
Buildin2: Division
14. Permits Required: A building permit application shall be required for each proposed new
residential structure. The building permit shall include Electrical/PlumbinglMechanical fees
when such work is part of the permit.
15. Plan Preparation: This project requires plans prepared under the direction and oversight of a
California licensed Engineer or Architect. Plans submitted for building permits shall be "wet
stamped" and signed by the qualifying professional person.
16. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of
construction plans submitted for building permit.
17. Size of Plans: The size of construction plans submitted for building permits shall be 24
inches by 36 inches.
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18. 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.
19. Site Plan: Application for building permit shall include a competent site plan that identifies
property and proposed structures with dimensions and elevations as appropriate. The site
plan shall also include site drainage details.
20. Foundation Inspections: A pad certificate prepared by a licensed civil engineer or land
surveyor shall be submitted to the project building inspector upon foundation inspection.
This certificate shall certify compliance with the recommendations as specified in the soils
report and the building pad elevation and on-site retaining wall locations and elevations are
prepared according to approved plans. Horizontal and vertical controls shall be set and
certified by a licensed surveyor or registered civil engineer for the following items:
a. pad elevation
b. finish floor elevation (first floor)
c. foundation corner locations
21. 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.
22. Special Inspections: When a special inspection is required by UB.C. Section 1701, the
architect or engineer of record shall prepare an inspection program that shall be submitted to
the Building Official for approval prior to issuance of the building permits, in accordance
with U.B.C. Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from
the Building Inspection Division Counter.
23. 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 inches by 36 inches) is available at the Building
Division service counter.
24. 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.
25. Demolition of Structures: All demolitions of existing structures require approval of a
building permit by the City of Campbell Building Inspection Division. Contact the Division
concerning requirements for demolitions prior to attempting to demolish any structures.
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26. 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:
1. Campbell Union School District (378-3405)
11. Campbell Union High School District (371-0960)
111. 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.
27. 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.
COUNTY FIRE DEPARTMENT
28. Formal Plan Review: Review of this development proposal is limited to accessibility of site
access and water supply as they pertain to fire department operations, and shall mot be
construed as a substitute for formal plan review to determine compliance with adopted model
codes. Prior to performing any work the applicant shall make application to, and receive
from, the Building Division all applicable construction permits.
29. Required Fire Flow: The fire flow for this project is undetermined at this time. Fire flow is a
function of building area and construction type. At this stage of application, the building
submittal does not reflect building size nor method of building interconnection (duet vs.
townhome). Future applications shall provide that information.
30. Fire Apparatus (Engine) Access Roads Required: Provide access roadways with a paved all
weather surface. A minimum unobstructed width of 20 feet, vertical clearance of 13 feet, 6
inches. Installations shall conform with Fire Department Standard details and Specifications
sheet A-!. Note: Failure to provide a complying access road width (20') will cause fire
sprinklers to be required in rear two units due to access deficiency.
Per telephone conference with applicant, he has amended plans to reflect 19' of drivable
pavement for main roadway leading to rear units. The remaining portion of the of drivable
width shall be incorporated into a rolled curb or countable curb line in front of the first two
units. The overall entry driveway/roadway will then be 20 feet. Access to the rear two units
will be within the required 150' of travel distance.
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31. Fire Lane Marking Required: Roadways deemed necessary to facilitate emergency vehicle
access, shall be identified in accordance with Fire Department Standard Details and
Specifications A-6 and Local Government Standards.
32. Premises Identification: Approved numbers or addresses shall be placed on all new and
existing buildings in such a position as to be plainly visible and legible from the street or
road fronting the property. Numbers shall contrast with their background.
PUBLIC WORKS DEPARTMENT
33. Parcel Map: Prior to issuance of any building permits for the project, the applicant shall
submit a parcel map for recordation upon approval by the City. The current plan check fee is
$2,400 plus $35 per parcel.
34. Preliminary Title Report: Upon submittal of the tentative map, the applicant shall provide a
current Preliminary Title Report.
35. Easements: Upon recordation of the parcel map, the applicant shall cause private easements
to be recorded for private utilities, private storm drains, reciprocal ingress and egress,
emergency vehicles, etc.
36. Monumentation for Parcel Map: Prior to recordation of the parcel map, the applicant shall
provide security for setting all monuments shown on the map.
37. Street Improvements: Upon recordation of the parcel map, the applicant shall execute a
street improvement agreement, cause plans for public street improvements to be prepared by
a registered civil engineer, pay various fees and deposits, post security and provide insurance
necessary to obtain an encroachment permit for construction of the standard public street
improvements, as required by the City Engineer. The plans shall include the following:
a. Removal of existing driveway approach and necessary sidewalk, curb and gutter.
b. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway
approach.
c. Installation of storm drain manhole and lateral per City standards.
d. Construction of pavement restoration per City standards for utility connections.
e. Installation of street trees and irrigation at 40 feet on center.
f. Installation of streetlights, conduits, conductors and related facilities in accordance with
the City of Campbell's Street Lighting Policies.
g. Installation of traffic control, stripes and signs.
h. Construction of conforms to existing public and private improvements, as necessary.
38. 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.
39. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer
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cleanout(s) shall be installed on private property behind the public right-of-way line.
40. Soils Report: Prior to issuance of any grading or building permits for the site, applicant shall
provide a soils report prepared by a registered geotechnical or civil engineer.
41. Utilities: All new on-site utilities shall be installed underground per Section 20.36.150 of the
Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall
comply with all plan submittals, permitting, and fee requirements of the serving utility
companIes.
42. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant
shall submit a utility coordination plan and schedule for approval by the City Engineer for
installation and/or abandonment of all utilities. Streets that have been resurfaced within the
previous five years will require boring and jacking for all new utility installations. Applicant
shall also prepare pavement restoration plans for approval by the City Engineer prior to any
utility installation or abandonment.
43. Grading and Drainage Plan: Prior to issuance of any grading or building permits for the site,
the applicant shall conduct hydrology studies based on a ten-year storm frequency, prepare
an engineered grading and drainage plan, and pay fees required to obtain necessary grading
permits. The plans shall comply with the 1998 edition of the California Building Code
including Chapters 10, 11, 18,33, and Appendix Chapter 33.
44. Storm Drain Area Fee: Prior to recordation of the parcel map/final map, the applicant shall
pay the required Storm Drain Area fee of$2,250.00 per net acre, which is $607.50.
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 runoffto 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. Covenants. Conditions. and Restrictions: Provide copies of CC&Rs for review by the City
prior to recordation of the parcel map and CC&Rs.
47. Demolition: Prior to recording of the final map/parcel map the applicant shall obtain a
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demolition permit and remove any nonconforming structures.
PASSED AND ADOPTED this 23rd day of March, 2004, by the following roll call vote:
AYES:
Commissioners:
Alderete, Doorley,
Roseberry
None
None
Gibbons
Francois, Hernandez, Rocha and
NOES:
ABSENT:
ABSTAIN :
Commissioners:
Commissioners:
Commissioners:
APPROVED.
ATTEST:
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Sharon Fierro, Secretary
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