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PC Res 4180RESOLUTION NO. 4180 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF 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 Planning Commission finds as follows with regard to File 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 Findings 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. Planning Commission Resolution No. 4180 Recommending 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-17.1 b: 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 Planning Commission 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. Planning Commission Resolution No. 4180 Recommending 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 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. THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval of a Planned Development Permit (PLN2013-134) to allow the construction of fourtwo-story, duet-style townhomes, subject to the attached recommended Conditions of Approval (attached Exhibit A). PASSED AND ADOPTED this 9th day of December, 2014, by the following roll call vote: AYES: Commissioners: Finch, Dodd, Kendall, Reynolds, Rich and Young NOES: Commissioners: None ABSENT: Commissioners None ABSTAIN: Commissioners: None APPROVED ATTEST: Paul Kermoyan, Secretary Pamela Fi h hair EXHIBIT A RECOMMENDED 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 Project: 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 A4.1 -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. Recommended Conditions of Approval Planned Development Permit - PLN2013-134 Pape 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 complement 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). Recommended 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 Recommended 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: a. 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 or 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. Recommended Conditions of Approval Planned Development Permit - PLN2013-134 Paae 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'/2 X 11 calculations shall be submitted as well. Recommended 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. Recommended Conditions of Approval Planned Development Permit - PLN2013-134 Paae 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 water 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 compliance with the requirements of the water purveyor of record are documented by that purveyor Recommended Conditions of Approval Planned Development Permit - PLN2013-134 Paae 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.