CC Resolution 117614
RESOLUTION NO ii~6i
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL APPROVING A PLANNED DEVELOPMENT
PERMIT (PLN2013-134) TO ALLOW THE CONSTRUCTION OF
FOUR DUET STYLE TOWNHOMES ON PROPERTY LOCATED
AT 705 W .HACIENDA AVENUE.
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 toFile No PLN2013-134
Environmental Finding
1 This project is Categorically Exempt under Section 15303 Class 3 (b) of the California
Environmental Quality Act (CEQA) pertaining to the construction of four dwelling units
and Section 15315 Class 15 of the California Environmental Quality Act (CEQA)
pertaining to the division of property in urbanized areas into four or fewer developable
parcels when the division is in conformance with the City's General Plan and Zoning
Code.
Evidentiary Findinos
1 The proposed project ("project") includes a Planned Development Permit (PLN2013-
134) to allow the construction of four duet-style townhomes, a Tentative Subdivision
Map (PLN2013-135) to create four residential lots and one common lot, a Tree
Removal Permit (PLN2014-103) to allow for the removal of fifteen trees, and a Parking
Modification Permit (PLN2014-194) to allow for two uncovered parking spaces to be
provided in lieu of two covered parking spaces, on property located at 705 W
Hacienda Avenue).
2. The project site is a .34 net acre property
3 The project site is generally located on the north side of W Hacienda Avenue, between
Virginia Avenue to the west and Capri Drive to the east.
4 The project site is zoned P-D (Planned Development).
5 The project site is designated Low to Medium Density Residential (6-13 units/Gr Acre)
The entire project site is within the boundaries of the San Tomas Area Neighborhood
Plan.
6 The proposed Planned Development Permit will allow the construction of four two-
story duet-style townhomes.
City Council Resolution No. 11761
Approving a Planned Development Permit
File No PLN2013-134
Page 2
7 The proposed Planned Development Permit may be approved concurrently and
subject to a Tentative Subdivision Map, Tree Removal Permit, and Parking
Modification Permit
8 The proposed residential land use, at a density of 9 43 units/gr acre, is consistent with
the allowable land use and maximum density permitted by the Low to Medium Density
Residential (6-13 units/gr acre) General Plan land use designation.
9 The project would be consistent with the following General Plan policies and strategies:
Policy LUT 3.1 Variety of Residential Densities: Provide land use categories for and
maintenance of a variety of residential densities to offer existing and future
residents of all income levels, age groups and special needs sufficient
opportunities and choices for locating in Campbell.
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 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. -'
Based upon the foregoing findings of fact, the City Council further finds and concludes
that:
1 The proposed development will clearly result in a more desirable environment and use
of the land than would be possible under any other zoning district classification.
2. The proposed 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
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City Council Resolution No
Approving a Planned Development Permit
File No PLN2013-134
Page 3
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 proportioriality 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.
THEREFORE, BE IT RESOLVED that the City Council approves a Planned Development
Permit (PLN2013-134) to allow the construction of four two-story duet-style townhomes,
subject to the attached recommended Conditions of Approval (attached Exhibit A).
PASSED AND ADOPTED this 6~h day of January 2015, by the following roll call vote.
AYES COUNCILMEMBERS xotowski Resnikoff Gibbons Baker Cristina
NOES COUNCILMEMBERS None
ABSENT COUNCILMEMBERS None
ABSTAIN: COUNCILMEMBERS None
APPROVED•
ATTEST
Anne Bybee, City Clerk
EXHIBIT A
CONDITIONS OF APPROVAL
Planned Development Permit (PLN2013-134)
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 (PLN2013-
134) to allow the construction of four duet-style townhomes, in conjunction with, and
subject to a Tentative Subdivision Map (PLN2013-135) to create four residential lots
and one common lot, a Tree Removal Permit (PLN2014-103) to allow for the removal
of fifteen trees, and a Parking Modification Permit (PLN2014-194) to allow for two
uncovered parking spaces to be provided in lieu of two covered parking spaces, on
property located at 705 W Hacienda Avenue. The project shall substantially conform to
the Project Plans and Color Board dated as received by the Planning Division
September 23 2014 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 shall be void
3 Plan Revisions: Prior to building permit submittal, the applicant and architect shall
revise the project plans to correct the following errors or omissions:
a. Sheet A4.0 -Correct the mislabeled building elevations, whereas the east elevation
has been labeled west and the west elevation has been labeled. east.
b Sheet A41 -Correct the mislabeled building elevations, whereas the north
elevation has been labeled south and south elevation has been labeled north.
c. Sheet A8 1 -Correct the mislabeled building elevation, whereas the west elevation
has been mislabeled east.
4 Tract Map' The Planned Development Permit approval is contingent upon recordation
of the Tract Map to divide the subject property The Tract Map shall be recorded prior
to the issuance of building or grading permits.
5 Architectural Refinements: Architectural refinements to the project that would not
substantially alter the design as determined by the Community Development Director
may be administratively reviewed and approved by the Community Development
Director as part of the review of construction plans for a building permit.
Conditions of Approval
Planned Development Permit - PLN2013-134
Paae 2
6 Landscaping Plan. The construction drawings for a building permit shall include a
'final" landscaping plan, including irrigation details and associated calculations, in
compliance with Chapter 2.7 Division 2, of Title 23 of the, California Code of
Regulations as adopted by the Campbell water-efficient landscape guidelines. All
replacement trees required by the Tree Removal Permit shall be noted as such. The
project plans shall indicate all trees in the landscaped park strip as 'London Plane to
match the adjoining townhome development, and cdmplement the existing
streetscape.
7 Privacy Planting: The construction drawings for a building permit shall illustrate the
second-story window privacy impact cones by a 30-degree angle on each side window
jamb Where views into adjoining properties from second story windows occur
additional landscaping shall be added to mitigate potential privacy impacts. For each
second-story window view the following standards shall be followed:
Trees: 24-inch box; 8-feet in height
Shrubs: 15 gallon, 6-feet in height
To ensure adequate coverage, a minimum of one tree or two shrubs per window shall
be placed on the applicant property The privacy planting shall be spaced as to
minimize the impact on privacy to the extent possible.
8 Equal Access: As codified within the project's CC&Rs, the Home Owners Association
shall maintain equal access to all common facilities and amenities for all residents
(renters and homeowners) of the project.
9 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
10 On-Site Lighting: On-site lighting shall be shielded away from adjacent properties and
directed on site in compliance with City of Campbell Lighting Design Standards (CMC
21 18.090). However lighting along the private roadways shall be of sufficient
illumination to ensure the security of the development. 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 Lighting fixtures shall
be of a decorative design to be compatible with the residential development and shall
incorporate energy saving features.
11 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 approved plan (grade, pad and drainage).
Conditions of Approval
Planned Development Permit - PLN2013=134
Page 3
12. 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
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 Stormwater and Grading Requirements. The project shall comply with City stormwater
and grading requirements (CMC Sec. 20 80 020 21 16 100 and 14 02), as more
specifically itemized in the Public Works Department Conditions of Approval for the
Tentative Subdivision Map
15 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
16 Human Remains: In the event a human burial or skeletal element is identified during
excavation or construction work in that location shall stop immediately until the find
can be properly treated in compliance with § 7050.5 of the California Health and Safety
Code and § 5097.94 of the California Public Resources Code. The City and the Santa
Clara County Coroner's office shall be notified. If deemed prehistoric, the Coroner's
office would notify the Native American Heritage Commission who would identify a
'Most Likely Descendant (MLD). The archeological consultant and MLD in conjunction
with the project sponsor shall formulate an appropriate treatment plan for the find
which might include, but not be limited to respectful scientific recording and removal,
being left in place, removal and reburial on site, or elsewhere. Associated grave goods
are to be treated in the same manner
17 Construction Activity The following standards shall apply to construction of the project:
• The project applicant shall ensure that construction plans include the BAAQMD
Best Management Practices for fugitive dust control. The following will be required
for all construction activities within the project area. These measures will reduce
Conditions of Approval
Planned Development Permit - PLN2013-134
Page 4
fugitive dust emissions primarily during soil movement, grading and demolition
activities, but also during vehicle and equipment movement on unpaved project
sites:
All exposed surfaces (e g. parking areas, staging areas, soil piles, graded
areas, and unpaved access roads) shall be watered two times per day
b. All haul trucks transporting soil, sand, or other loose material off-site shall be
covered.
c. All visible mud or dirt track-out onto adjacent public roads shall be removed
using wet power vacuum street sweepers at least once per day The use of dry
power sweeping is prohibited.
d. All vehicle speeds on unpaved roads shall be limited to 15 mph.
e. All streets, driveways, and sidewalks to be paved shall be completed as soon as
possible. Building pads shall be laid as soon as possible after grading unless
seeding oc soil binders are used
f Idling times shall be minimized either by shutting equipment off when not in,use
or reducing the maximum idling time to 5 minutes (as required by the California
airborne toxics control measure Title 13, Section 2485 of CCR). Clear signage
shall be provided for construction workers at all access points.
g. All construction equipment shall be maintained and properly tuned in
accordance with manufacturer's specifications. All equipment shall be checked
by a certified mechanic and determined to be running in proper condition prior to
operation
h. A publicly visible sign shall be posted with the telephone number and person to
contact at the Lead Agency regarding dust complaints. This person shall
respond and take corrective action within 48 hours. BAAQMD's phone number
shall also be visible to ensure compliance with applicable regulations.
Construction Hours (CMC 18.04 052)' Construction activity shall be limited to the
hours of eight a.m. and five p.m daily Monday through Friday Saturday hours of
construction shall be nine a.m and four p.m. There shall be no construction activity
on Sundays or National Holidays.
Construction Noise (CMC 18.04 052)' No loud environmentally disruptive noise over
fifty dbs., such as air compressors without mufflers, continuously running motors or
generators, loud playing musical instruments or radios will be allowed during the
authorized hours of construction, Monday through Saturday where such noise may
be a nuisance to adjacent residential neighbors. Such nuisances shall be
discontinued.
Conditions of Approval
Planned Development Permit - PLN2013-134
Page 5
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.
Building Division
18. Permits Required: A building permit application shall be required for each proposed
new townhouse living unit and/or structure. The building permit shall include
Electrical/Plumbing/Mechanical fees when such work is part of the permit.
19 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.
20 Construction Plans: The Conditions of Approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
21 Size of Plans: The minimum size of construction plans submitted for building permits
shall be 24 inches by 36 inches.
22. Soils Report: As required by the CMC Sec. 21 18.130 all new development shall
conform to the California Building Code provisions regarding engineering and
geotechnical analysis. 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.
23 Site Plan: Application for building permit shall include a competent site plan that
identifies property and proposed structures with dimensions and elevations as
appropriate. Site plan shall also include site drainage details.
24 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
25 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.
Conditions of Approval
Planned Development Permit - PLN2013-134
Page 6
26. 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
27 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
28. 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)
e. San Jose Water Company (279-7900)
29 P.G. & E. The applicant is advised to contact Pacific Gas and Electric 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.
30 California Green Building Code This project is subject to the mandatory requirements
for new residential structures (Chapter 4) under the California Green Building Code
2013 edition
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. 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.
Conditions of Approval
Planned Development Permit - PLN2013-134
Page 7
33 Automatic Fire Sprinkler Systems: This project shall comply with Section R313 of the
California Residential building Code 2013 edition, and be equipped with a complying
Fire Sprinkler system.
34 Storm Water Requirements: Storm water run-off from impervious surface created by
this permitted project shall be directed to vegetated areas on the project parcel. Storm
water shall not drain onto neighboring parcels.
35 Residential Accessibility' Project Architect shall review this project for compliance with
Chapter 11A of the California Building Code 2013 ed
Fire Department
36 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.
37 Automatic Fire Sprinkler System Required: Approved automatic sprinkler systems in
new and existing buildings and structures shall be provided in the locations described
in this Section or in Sections 903.2.1 through 903.2.18 whichever is the more
restrictive. For the purposes of this section, firewalls used to separate building areas
shall be constructed in accordance with the California Building Code and shall be
without openings or penetrations. An automatic sprinkler system shall be provided
throughout all new buildings and structures. 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. The owner(s), occupant(s) and any contractor(s) or subcontractor(s) are
responsible for consulting with the water purveyor of record in order to determine if any
modification or upgrade of the existing water service is required 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. Section 903.2 as adopted and
amended by CBLMC
38 Water Supply Requirement: Potable water supplies shall be protected from
contamination caused by fire protection water supplies. It is the responsibility of the
applicant and any contractors and subcontractors to contact the water purveyor
supplying the site of such project, and to comply with the requirements of that purveyor
Such requirements shall be incorporated into the design of any water-based fire
protection systems, and/or fire suppression wafer supply systems or storage containers
that may be physically connected in any manner to an appliance capable of causing
contamination of the potable water supply of the purveyor of record. Final approval of
the system(s) under consideration will not be granted by this office until compliahce
with the requirements of the water purveyor of record are documented by that purveyor
Conditions of Approval
Planned Development Permit - PLN2013-134
Paoe 8
as having been met by the applicant(s). 2010 CFC Sec. 903.3.5 and Health and Safety
Code 13114 7
39 Construction Site Fire Safety All construction sites must comply with applicable
provisions of the CFC Chapter 14 and our Standard Detail and Specification SI-7
Provide appropriate notations on subsequent plan submittals, as appropriate to the
project. CFC Chp. 33.
40 Marking: Where required by the fire code official approved signs or other approved
notices or markings that include the words NO PARKING -FIRE LANE shall be
provided for fire apparatus access roads to identify such roads or prohibit the
obstruction thereof The means by which fire lanes are designated shall be maintained
in a clean and legible condition at all times and replaced or repaired when necessary to
provide adequate visibility CFC Sec. 503.03
Public Works Department
41 Tentative Subdivision Map. All Conditions of Approval of the Tentative Subdivision
Map (PLN2013-135) shall be implemented and fulfilled to the satisfaction of the City
Engineer