PC Res 2861RESOLUTION NO. 2861
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A
MODIFICATION TO A PREVIOUSLY APPROVED PLANNED
DEVELOPMENT PERMIT TO ALLOW THE CONSTRUCTION OF
348 MULTIPLE FAMILY UNITS ON PROPERTY LOCATED AT 500
RAILWAY AVENUE IN A PD (PLANNED DEVELOPMENT)
ZONING DISTRICT, APPLICATION OF GREENBRIAR
DEVELOPMENT COMPANY, ON BEHALF OF WESTERN GRAVEL
COMPANY, FILE NO. M 93-09 (PD 90-09)
After notification and Public Hearing as specified by law on the application of
Greenbriar Development Company, on behalf of Western Gravel Company,
recommending approval of a modication to a previously approved Planned
Development Permit to allow the construction of 348 multiple family units
on property located at 500 Railway Avenue in a PD (Planned Development)
Zoning District, as per the application filed in the Planning Department on
April 28, 1993; and, after presentation by the City Staff, proponents and
opponents, the hearing was closed.
After due consideration of all evidence presented, the Planning Commission
did find as follows with respect to File No. M 93-09:
General Plan and Zoning: There have been no changes in the General
Plan and Zoning in this area since the previous City Council approval of
this project on September 3, 1991;
Environmental' Environmental conditions are similar to those
previously evaluated when a Negative Declaration was granted for the
project; and
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Modifications: Modifications in the site plan provide a more varied
building layout creating a more desirable site layout.
Based upon the foregoing findings of fact, the Planning Commission further
finds and concludes that:
The proposed development and uses clearly would result in a more
desirable environment and use of the land than would be possible under
any other zoning classification.
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The development and uses would be compatible with the General Plan
and Zoning Ordinances of the City and will aid in the harmonious
development of the immediate area.
Resolution No. 2861 Page 2
M 93-09 (PD 90-09) -- 500 Railway Avenue -- Greenbriar Development Co.
Adopted on June 22, 1993
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The proposed development would 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.
The proposed development would not be detrimental to the health,
safety or welfare of the neighborhood or the City as a whole.
The proposed site is adequately served by streets of sufficient capacity to
carry the kind and quantity of traffic such use would generate;
6. The proposed use is compatible with the uses in the area.
Approval is effective ten days after decision of approval of the Planning
Commission, unless an appeal is filed.
Further, the applicant is notified as part of this application that he is required
to comply with the following Conditions of Approval:
SITE
AND BUILDING DESIGN
Approved Project: This approval is for a 348-unit multiple family
residential project located on a 12.4 acre site identified as Assessor's
Parcel Numbers 412-01-017, 412-03-003, and 412-03-004. Development
shall be substantially as shown on the project materials listed below,
except as may be modified by conditions contained herein: (Planning)
Project drawings for Greenbriar Development Company consisting
of 9 sheets on file in the Planning Department.
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Revised Elevations: The applicant shall submit building elevations for
review and approval by a committee of the City Council prior to issuance
of building permits, upon recommendation of the Architectural
Advisor. The elevations shall illustrate:
a. Details on window, door and other building trims.
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Height of Garaged Structures: The first story finished floor height for all
garage structures shall be as close to adjoining grade as possible without
requiring mechanical ventilation systems in the basement parking
grades. Details shall be included in the final elevations and grading
plans. The final plans shall be submitted for review and approval of the
Planning Department prior to issuance of building or grading permits of
Resolution No. 2861 Page 3
M 93-09 (PD 90-09) -- 500 Railway Avenue -- Greenbriar Development Co.
Adopted on June 22, 1993
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the project. (Planning)
Equipment Screening: All mechanical equipment and utility meters
including ground-mounted air conditioning units shall be visually
screened by fencing and landscaping. Details on the screening shall be
included in the final landscape plan. (Planning)
Fencing Plan: A fencing plan shall be submitted for review and approval
of the Planning Department prior to issuance of building permits. The
plan shall contain details on the location and design of all fencing and
walls to be used in the project. Fencing shall be as shown on the
approved site plan, except as specified below or contained herein:
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Applicant shall construct a solid masonry wall or a fence (type to be
determined by the City) along the portion of the northerly property
line that abuts the City's Service Center. The City and the applicant
shall enter into a cost sharing agreement for the construction of the
wall. Each party will pay one-half the cost of construction of the
wall or fence. (Public Works)
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Provide fencing on the southerly side of the Creek Trail access
easement. The fencing shall be of a type that is low and visually
open. Opening shall be provided to allow residents to access the
easement.
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The fencing along the property line shared with the Timbercove
Mobile Home Park shall be six feet in height.
Color Palette: The final color palette shall be submitted for review and
approval of a committee of the City Council prior to issuance of building
permits. Multiple color palettes shall be utilized to individualize the
appearance of the buildings.
Building Materials: The applicant shall provide a siding and roofing
sample for Planning Department review and approval prior to issuance
of building permits.
Railway Avenue Street Frontage: An enhanced and prominent
treatment to the main project entryway. The treatment may include
upgraded landscaping, monumentation, and/or signage or other similar
devices to comply with this condition.
Resolution No. 2861 Page 4
M 93-09 (PD 90-09) -- 500 Railway Avenue -- Greenbriar Development Co.
Adopted on June 22, 1993
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11.
12.
Parking: The approved parking ratio is 1.82 spaces per dwelling unit.
Covered Parking (Carports): One covered parking space shall be
provided for each dwelling unit. The applicant shall submit a plan
showing the location of the covered spaces and the design and
appearance of the structures. Parking cover structures shall be
architecturally compatible with the design of the residential structures
and shall utilize similar building materials. Covered parking plans shall
be submitted for review and approval of the Planning Department prior
to issuance of building permits. (Planning)
Fire Lane: Applicant to submit details of proposed fire lane treatment in
landscape area for review and approval of Planning Director and Fire
Chief prior to issuance of building permits. (Fire and Planning)
Access to Trail Connection: Provide access points from the project to the
pedestrian easement along the site's northerly property line. (Public
Works)
LANDSCAPING
13. Landscape Plan: A landscape and irrigation plan indicating the type and
size of plant material and details on the irrigation system shall be
submitted to the Planning Department for review and approval prior to
issuance of building permits. (Planning)
All trees shall be a minimum of 24" box container size except trees
planted within the parking areas. Trees in the parking areas shall be
a minimum of 15 gallon container size.
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All shrubs shall be a minimum of 5 gallon container size except for
accent shrubs which may be a minimum of 1 gallon container size.
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All landscaped areas not covered by trees, shrubs, or turf shall be
planted with groundcover.
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Substantial landscaping shall be provided where parking spaces abut
the apartment units. The intent of this condition is to mitigate
visual and privacy impacts and to minimize light intrusion from
automobile headlights.
A mixture of deciduous and evergreen tree species shall be
provided to ensure adequate tree cover and screening during winter
Resolution No. 2861 Page 5
M 93-09 (PD 90-09) -- 500 Railway Avenue -- Greenbriar Development Co.
Adopted on June 22, 1993
months. The arrangement of evergreen and deciduous trees shall
be sensitive to passive solar design principles.
Trees shall be densely planted along the property lines abutting the
Timbercove Mobile Home Park to mitigate visual and privacy
impacts.
Long-term, permanent trees that obtain substantial size shall be
incorporated into appropriate locations in the landscape design.
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All plant materials shall be served by an automatic underground
irrigation system.
14.
15.
Water Efficient Landscape Standards: The final landscape and irrigation
plan shall comply with the City's Water Efficient Landscape Standards
(WELS). A WELS checklist shall be submitted with the final landscape
plan. (Planning)
Replacement Trees: Four trees may be removed as identified in the
approved tree survey. The removed trees shall be replaced with trees
that equal the diameter of the trees to be removed, as specified in WELS.
The location and type of the replacement trees shall be shown on the
final landscape plan. (Planning)
16.
Tree Protection: All retained trees shall be protected in accordance with
the requirements of WELS. No tree designated to be retained on the
approved tree survey shall be removed without the written approval of
the Planning Director. (Planning)
STREET/SITE IMPROVEMENTS
17. Parking and Driveways: All parking and driveway areas to be developed
in compliance with Chapter 21.50 of the Campbell Municipal Code. All
parking spaces to be provided with appropriate concrete curbs or bumper
guards. (Planning)
18.
Signs: A sign program shall be submitted in accordance with provisions
of the Sign Ordinance for all signs, except as may be specified herein. No
sign to be installed until the sign program is approved and a permit
issued by the Planning and Building Departments (Section 21.53 of the
Campbell Municipal Code). (Planning)
a. The program shall include details on building identification and
Resolution No. 2861 Page 6
M 93-09 (PD 90-09) -- 500 Railway Avenue -- Greenbriar Development Co.
Adopted on June 22, 1993
19.
20.
21.
directional signage.
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Signage shall be provided to encourage non-residents to access the
Creek Trail through the public Creek Trail access easement rather
than through the development.
Off-site Signage: One off-site directional sign may be installed at the
northeast corner of Winchester Boulevard and Kennedy Avenue at 2260
S. Winchester Boulevard. The detailed design of the sign shall be
submitted for review and approval of the Site and Architectural Review
Committee (SARC) prior to issuance of a sign permit. The project's off-
site sign and the business's on-site freestanding sign shall be integrated
into one integrated sign structure. The applicant shall provide written
documentation that the property owner consents to the construction of
the new sign on-site prior to approval by SARC. The City has the right to
review this approval after five years and anytime thereafter to determine
if off-site signage is still appropriate. The City may terminate the
approval anytime after five years and require removal of the sign.
(Planning)
Soils and Geologic Report: A soils and geologic report shall be submitted
to the Planning and Public Works Departments prior to issuance of
building or grading permits. The report shall include the investigation
of the site's potential for surface rupture, ground acceleration, and
liquefaction. The study shall recommend measures to reduce the
potential for seismic hazards. The report shall specify requirements for
site grading, drainage, and foundation design. (Planning/Public Works)
Grading, Drainage, and Erosion Control Plans: Final grading, drainage
and erosion control plans shall be submitted to the Planning Department
and Public Works Department for review and approval prior to the
issuance of building or grading permits.
The grading and drainage plans shall cover any project phasing.
(Planning)
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The grading plan shall contain details on the height and design of
all retaining walls. (Planning)
Drainage from the development shall not surface drain across the
Los Gatos Creek Trail. (Public Works)
Resolution No. 2861 Page 7
M 93-09 (PD 90-09) -- 500 Railway Avenue -- Greenbriar Development Co.
Adopted on June 22, 1993
22.
23.
24.
25.
d. Provide four sets of grading and drainage plans. (Public Works)
In preparing the drainage plan, the applicant shall investigate
means to reduce drainage impacts to the City's storm drain system.
(Public Works)
Construction Mitigation Measures:
a. The construction site shall be sprayed with water as necessary, but
not less than twice per day, to control dust.
b. Haul trucks and material stockpiles shall be covered.
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The construction area and surrounding streets shall be cleaned as
necessary, but not less than once daily.
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The applicant shall direct all construction traffic onto commercial
and industrial streets, such as Kennedy and Railway Avenues, and
arterial streets to obtain access to the site. (Building)
Lighting Plan: The applicant shall submit details on the location and
ty~e of-all on-site lighting for review and approval of the Planning
Department prior to issuance of building permits. Lighting shall be
provided in all parking areas and pedestrian-scaled lighting shall be
provided along all walkways and the promenade. The applicant shall
submit photometric information with the lighting plan. Lighting levels
along walkways should be sufficient to ensure pedestrian safety.
Lighting shall not spill-over onto adjoining properties. Lighting shall be
provided along the pedestrian easement to the Los Gatos Creek Trail.
(Planning)
Street Improvements: Provide a three-way stop sign at the intersection
of Kennedy, Railway Avenues and the project driveway. (Public Works)
Traffic Signal: Install a traffic signal and modify the intersection of
Winchester Boulevard and Kennedy Avenue as directed by the City
Engineer. The City and the applicant shall enter into a cost sharing
agreement for construction of the signal. Each party will pay one-half
the cost of construction of the signal. Measures shall be incorporated to
discourage cut-through traffic from utilizing E1 Caminito Avenue.
(Public Works)
26. Encroachment Permit: Provide improvement plans, pay fees, and post
Resolution No. 2861 Page 8
M 93-09 (PD 90-09) -- 500 Railway Avenue -- Greenbriar Development Co.
Adopted on June 22, 1993
surety required to obtain an encroachment permit for all work within
the public right-of-way. (Public Works)
27.
Building Occupancy: Building occupancy will not be allowed until all
public improvements are installed. This requirement shall not include
improvements included in a local improvement district. (Public Works)
PROPERTY MANAGEMENT/UTILITIES
28. 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 vacant structures shall be secured
by having windows boarded up and doors sealed shut, or be demolished
or removed from the property (Section 11.201 & 11.414, 1985 Ed. Uniform
Fire Code.) (Fire)
29.
Garbage Collection: Ordinance No. 782 of the Campbell Municipal Code
stipulates that any contract for the collection and disposal of refuse,
garbage, wet garbage and rubbish produced within the limits of the City
of Campbell shall be made with Green Valley Disposal Company. This
requirement applies to all single-family dwellings, multiple family
dwellings, and all commercial, business, industrial, manufacturing, and
construction establishments. (Fire)
30.
Trash Enclosures: Trash enclosures of a size and quantity necessary to
serve the development shall be located in areas approved by the Fire and
Planning Departments. The enclosures shall consist of a concrete floor
surrounded by a six-foot high solid wall and have self-closing doors of a
size specified by the Fire Department. All enclosures shall be constructed
at grade level and have a level area adjacent to the trash enclosure area
to service these containers. The exterior material of the enclosure wall
shall be similar to material used on the residential structures. One
enclosure in each phase shall be sized to accommodate recycling bins.
The recycling bins should be centrally located in each phase. (Planning)
31. Site Maintenance: After construction, the site shall be kept free of weeds,
trash, and litter.
32.
Parking Management System: This complex shall utilize a parking
management system at all times. The applicant shall submit details on
the system for review and approval of the Planning Department prior to
issuance of building permits. The system shall include the following
items:
Resolution No. 2861 Page 9
M 93-09 (PD 90-09) -- 500 Railway Avenue -- Greenbriar Development Co.
Adopted on June 22, 1993
33.
34.
35.
a. Parking stickers applied to tenant's cars.
b. Limitation on the number of cars that may be allowed per tenant.
Procedures for towing of unauthorized vehicles.
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Procedures for requiring that tenants park in their assigned parking
spaces.
The applicant shall record a covenant running with the land that
indicates that a parking management system acceptable to the City of
Campbell is required. The covenant shall be recorded prior to issuance
of building permits. The applicant shall submit a draft copy of the
covenant for review and approval by the Planning Department and City
Attorney prior to recordation. (Planning)
Maintenance of Landscaping: All landscaping shall be maintained in
healthy, growing condition. Any plants that die shall be replaced by a
similar species. (Planning)
Affordable Housing:
a. The applicant shall comply with the Redevelopment Agency's
affordable housing policy by providing a minimum of 6% of the
units affordable to very low income households and a minimum of
9% of the units affordable to moderate income households. The
applicant may comply with the Agency policy through alternative
arrangements acceptable to the Redevelopment Agency Board
through approval of owner participation or other development
agreement (OPA). The OPA shall be approved prior final occupancy
of buildings. (Redevelopment)
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Any owner participation or Redevelopment Agreement shall
contain provisions for a covenant running with the land that
requires compliance with the Redevelopment Agency's affordable
housing policy. The covenant shall be recorded prior to final
building occupancy. A draft covenant shall be submitted for review
and approval of the Redevelopment Agency prior to recordation.
(Redevelopment)
Underground Utilities: Underground utilities to be provided per Section
20.36.150 of the Campbell Municipal Code. (Public Works)
Resolution No. 2861 Page 10
M 93-09 (PD 90-09) -- 500 Railway Avenue -- Greenbriar Development Co.
Adopted on June 22, 1993
36.
Utility Boxes and Back-Flow Preventers: Applicant to submit a plan to
the Planning Department, prior to installation of PG&E transformer
boxes and San Jose Water Company backflow preventers, indicating the
location of the devices for review and approval of the Planning
Department. These devices shall be screened from public view.
(Planning)
37.
Utility Connections: Plans submitted to the Building Division for plan
check shall indicate clearly the location of all connections for
underground utilities including water, sewer, electric, telephone and
television cables, etc. (Building)
PUBLIC SAFETY/WELFARE
38. Handicapped Requirements: Applicant shall comply with all
appropriate State and City requirements for the handicapped. (Building)
39.
Noise Levels: Noise levels for the interior of residential units shall
comply with minimum State (Title 25) and local standards as indicated
in the Noise Element of the Campbell General Plan. (Building)
40.
Par Course Relocation: Indicate on plans if any existing par course
exercise stations adjacent to this site will conflict with the development.
If necessary, provide plans for the relocation of existing par course
exercise stations. Relocation shall be coordinated with the Public Works
Department. Relocation of the par course stations is to be completed by
the developer with the approval of the Public Works Department.
(Public Works)
41.
Creek Trail Amenities: The applicant shall provide two sitting benches
and a drinking fountain along the Los Gatos Creek Trail. The location
and details of these items shall be submitted for review and approval of
the Public Works Department prior to issuance of building permits.
(Public Works)
42.
Public Service Easement:
a. Dedicate the public trail connection along the site's northerly
property line as a 16 foot wide public service easement (PSE) as
shown on the approved site plan. (Public Works)
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Provide plan for review and approval of the Planning and Public
Works Departments for construction of the pathway and lighting,
Resolution No. 2861 Page 11
M 93-09 (PD 90-09) -- 500 Railway Avenue -- Greenbriar Development Co.
Adopted on June 22, 1993
43.
45.
landscaping, and irrigation within the public service easement. The
pathway design shall utilize CalTrans standards. (Public Works)
C.
Applicant is responsible for construction of the pathway per the
approved construction plans. (Public Works)
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The applicant is responsible for maintenance of the lighting,
landscaping, and irrigation. The applicant shall execute a
maintenance agreement with the City for maintenance of these
facilities. (Public Works)
Utilities: Provide evidence from all utility companies that the proposed
development can be served. (Public Works)
Parcel Map: Process and file a parcel map combining the three parcels.
(Public Works)
Hazardous Materials: The applicant shall submit a detailed hazardous
materials study for review and approval of the Fire Department.
Provide a mitigation plan to remove or treat any hazardous materials
found on-site. The applicant shall file a Hazardous Materials Closure
Plan with the Fire Department for the entire site prior to issuance of
building permits. The applicant shall obtain a lease from the Air Quality
Control Board if asbestos is to removed from the site. (Fire)
46.
Creek Trail/Project Interface:
a. The applicant shall install and maintain landscaping between the
Los Gatos Creek Trail and the site's easterly property line where the
site directly abuts the Los Gatos Creek right-of-way. Landscaping is
to consist of low-maintenance, drought tolerant neutralized shrubs
and ground covers. No trees are required. (Public Works)
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Plans for landscaping and irrigation of this area shall be submitted
and approved by the Planning Department and the Santa Clara
Valley Water District (SCVWD). (Planning)
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A maintenance agreement shall be executed between the developer
and the SCVWD for maintenance of this landscaped area. (Public
Works)
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If approval cannot be secured from the SCVWD to allow
landscaping in the Creek right-of-way, this condition shall be void.
Resolution No. 2861 Page 12
M 93-09 (PD 90-09) -- 500 Railway Avenue -- Greenbriar Development Co.
Adopted on June 22, 1993
MISCELLANEOUS
47. Archeological Finds: If archeological materials are uncovered during
construction, all earthwork within 100 feet of the materials shall be
stopped. The Planning Department shall be notified immediately upon
discovery of any archeological materials. The applicant shall have a
professional archeologist examine and determine the significance of the
find. If significant, the archeologist shall recommend mitigation
measures for review and approval by the Planning Department to be
implemented by the applicant. Work shall not commence until written
authorization has been provided by the Planning Department. The
archeologist possesses certification from the Society of California
Archeology or the Society of Professional Archeology. (Planning)
48.
Santa Clara Valley Water District: Prior to issuance of building permits,
compliance with requirements of the Santa Clara Valley Water District
shall be demonstrated, including the following items:
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Provide two 18 foot wide access points for the Santa Clara Valley
Water District (SCVWD) to the Los Gatos Creek. The location for
the access points shall be approved by SCVWD and the Planning
Department.
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Provide a seven foot wide flood control and maintenance easement
along the eastern property line abutting the Los Gatos Creek right-of-
way.
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Grading adjacent to the Los Gatos Creek right-of-way shall comply
with SCVWD standards.
d. Any abandoned or existing wells shall be registered with SCVWD.
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Obtain all permits necessary from the Santa Clara Valley Water
District, including a permit for a storm drain outfall to Los Gatos
Creek. (Public Works)
49. Storm Drain Fee: Pay Storm Drain Fee of $25,610. (Public Works)
50.
Highway 17/Los Gatos Creek Corridor Plantings: Applicant shall plant
trees between Highway 17 and the Los Gatos Creek to partially screen
views of the project site when viewed from Highway 17. One tree shall
be provided for every 75 feet of frontage adjacent to the Creek. The trees
Resolution No. 2861 Page 13
M 93-09 (PD 90-09) -- 500 Railway Avenue -- Greenbriar Development Co.
Adopted on June 22, 1993
51.
52.
53.
54.
55.
56.
shall be 24-inch box container size. The applicant and the City shall
cooperate in securing approval from the Santa Clara Valley Water
District or California Department of Transportation as appropriate to
implement this condition. If approval cannot be obtained, this
conditions shall be void. (Planning)
NPDES Permit: Applicant is advised that the Regional Water Quality
Control Board will require that all construction on sites larger than five
acres will require the project to be covered by a National Pollutant
Discharge Elimination System (NPDES) permit. Permit conditions may
require construction and post-construction stormwater management
plans. The applicant is responsible for obtaining this permit, and paying
associated fees and providing plans as required. (Public Works)
Sewer: Comply with requirements of the West Valley Sanitation District
for sewer hook up. The Building Department shall inspect and approve
the sanitary sewer lift station. (Public Works)
Federal/State Agencies: Comply with all applicable requirements of
federal and state agencies with jurisdiction over the Los Gatos Creek.
(Planning)
Water Service: Comply with requirements of the San Jose Water
Company. (Planning)
Development Schedule:
a. Project to be constructed in one phase.
b. Construction to commence on, or before June 30, 1994.
c. Construction to be completed on, or before June 30, 1996.
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This time schedule may be modified by approval of a Development
Agreement or Owner Participation Agreement between the
applicant and the City of Campbell.
Payment of Fees: The Building Division Fees will stay the same if
permits are issued within one year. After more than a year has elapsed,
the fees in effect at the time that the building permits are issued will be
assessed. (Public Works)
57. Sprinkler Protection: All buildings shall be provided with supervised
Resolution No. 2861 Page 14
M 93-09 (PD 90-09) -- 500 Railway Avenue -- Greenbriar Development Co.
Adopted on June 22, 1993
fire sprinkler protection. (Fire)
58. Hydrants: On-site fire hydrants are required based upon 3,000 GPM fire
flow. (Fire)
59.
Park Dedication Fee: Applicant to pay park impact fee of $791,352 (348
units X $4,548 with 50% credit for on-site open space per letter from City
of Campbell dated May 17, 1992) as a condition of applying for building
permits.
60. Fire Access Roads: Applicant to install fire access roads as required by the
Fire Marshal and as depicted on the presented site plan.
Creek trail pathway to be improved to allow for emergency access
vehicle use.
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On-site emergency access to be a minimum of 12 feet wide and have
a maximum distance between tracks of 30" due to tire separation of
engines.
Fire protection system to substantially comply with Fire Department
memorandum dated February 1, 1993.
Further, the applicant is notified as part of this application that he is required
to comply with all applicable Codes and Ordinances of the City of Campbell
and the State of California that pertain to this development and are not
herein specified.
PASSED AND ADOPTED this 22nd day of June, 1993, by the following roll call
vote:
AYES: Commissioners: Perrine, Lindstrom, Meyer-Kennedy,
Wilkinson, Alne
NOES: Commissioner s !., ~rt-~'~-~
ABSENT: Commissio~r-s~ ~ Fox, Akridg~ ~,//