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PC Res 4192RESOLUTION NO. 4192 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A MODIFICATION (PLN2014-237) TO THE PREVIOUSLY- APPROVED PLANNED DEVELOPMENT PERMIT (PLN2013-006) WITH A PARKING MODIFICATION TO ALLOW DESIGN CHANGES TO 18 TOWNHOMES ON PROPERTY LOCATED AT 45-81 KENNEDY AVENUE. FILE NO: PLN2014-272 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 the recommended approval of a Modification (PLN2014-237) to a previously approved Planning Development Permit (PLN2013-006) with a Parking Modification: Environmental Finding A Mitigated Negative Declaration was previously approved for this project in accordance with the California Environmental Quality Act (CEQA). The proposed architectural modifications result in no significant changes to the project in that the same number of units and same site conditions are proposed. As such the proposed modifications are in substantial conformance with the previously-approved Mitigated Negative Declaration, and as such the Mitigated Negative Declaration remains valid. All CEQA Mitigation Measures established in the previously-approved Mitigated Negative Declaration are applicable to this application. Evidentiary Findings The proposed Modification (PLN2014-237) to the previously-approved Planned Development Permit (PLN2013-006) with a Parking Modification will allow design changes to 18 townhomes on property located at 45-81 Kennedy Avenue in a P-D (Planned Development) Zoning District 2. The project site is a .81 net acre property. 3. The project site is generally located. on the north side of Kennedy Avenue, between Industrial Way to the east and Winchester Boulevard to the west. 4. The project site is zoned P-D (Planned Development). 5. The project site is designated Medium Density Residential (14-20 units/Gr. Acre). 6. The proposed residential land use, at a density of 19 units/gr. acre, is consistent with the allowable land use and maximum density permitted by the Medium Density Residential (14-20 units/gr. acre) General Plan land use designation. 7. The proposed design modifications would be consistent with the following General Plan policies and strategies: Planning Commission Resolution No. 4192 45-81 Kennedy Avenue Recommending Approval of a Modification (PLN2014-272) Page 2 of 3 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. 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. Planning Commission Resolution No. 4192 45-81 Kennedy Avenue Recommending Approval of a Modification (PLN2014-272) Page3of3 7. Due to the unique nature and circumstances of the project, or special development features, the anticipated number and type of parking spaces necessary to serve the use or structure is less than that required by the applicable off-street parking standards, and would be satisfied by the proposed number and type of parking spaces. 8. Conditions of approval have been incorporated into the project to ensure the long-term adequacy of the provided off-street parking. 9. Approval of the parking modification permit will further the purpose of Campbell Municipal Code Chapter 21.28 (Parking and Loading). 10. 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 Modification (PLN2014-237) to the previously-approved Planned Development Permit (PLN2013-006) with a parking modification to allow design changes to 18 townhomes on property located at 45-81 Kennedy Avenue, subject to the attached Conditions of Approval (attached Exhibit "A"). PASSED AND ADOPTED this 10th day of February, 2015, by the following roll call vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners ABSTAIN: Commissioners: Finch, Kendall, Rich Young, and Dodd None Reynolds None APPROVED: Pamela F~ c ,Chair ATTEST: `~~ Paul Ker oyan, Secretary RECOMMENDED CONDITIONS OF APPROVAL Modification (PLN2014-237) to the previously-approved Planned Development Permit (PLN2013-006) 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 1. Approved Proiect: Approval is granted fora Modification (PLN2014-237) to the previously-approved Planned Development Permit (PLN2013-006) with a Parking Modification to allow design changes to 18 townhomes on property located at 45-81 Kennedy Avenue in a P-D (Planned Development) Zoning District. The project shall substantially conform to the Project Plans and Exterior Color Schemes, dated as received by the Planning Division on December 31, 2014, except as may be modified by the Conditions of Approval herein. 2. Permit Expiration: The Modification to the previously approved 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. Utilities Prior to building permit issuance, all sheets of the project plans shall be updated to reflect the relocation of the AC units, for the eight (8) detached units facing Kennedy Avenue, to the unit side yards and away from bedrooms on the ground floor of the buildings. The building permit plans shall also include manufacturer specification sheets to demonstrate that quiet AC models have been selected, and indicating both average and peak operational decibels. Furthermore, the large combined equipment "cabinets" that occur between Unit 13 and Unit 14 shall be treated to match the adjoining building walls, including the use of stone wainscoting, as applicable. The final utility placement, treatment/screening method, and unit selection (AC model) shall be to the satisfaction of the Director of Community Development. 4. Previous Conditions: All conditions of approval of the previously approved Planned Development Permit with a Parking Modification (PLN2013-006), Tentative Subdivision Map (PLN2013-007), and Tree Removal Permit (PLN2014-146), as approved by City Council Resolution No(s). 11643, 11644, 11645 & 11646, shall remain in effect except as may be modified by the Conditions of Approval herein. 5. Covenants, Conditions & Restrictions (CC&Rs): As part of the project CC&R's the applicant shall be required to include an exhibit and associated provisions formalizing the arrangement of open space between detached units. Furthermore general Recommended Conditions of Approval ~ 45-81 Kennedy Avenue Modification (PLN2014-272) to a Previously Approved Planned Development Permit Page 2 of 6 language conveying the following general maintenance, use restrictions, and access requirements shall be provided: • Provisions detailing access rights and procedure for property owners to service/maintain the exterior wall of their building and drainage conveyances abutting their property. • Provisions outlining landscape restrictions adjacent to an adjoining property building wall including maximum height and setback distances. • Provisions outlining restrictions on leaning/attaching/affixing features against an adjacent property building wall. • Provisions indicating that outdoor storage, including storage bins and sheds, would be strictly prohibited. • Provisions indicating a restriction to only passive uses in these areas. 6. 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. Building Division: 7. 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. 8. 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. 9. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 10. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 inches by 36 inches. 11. 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. 12. 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. Elevation bench marks shall be called out at all locations that are identified as "natural grade" and intended for use to determine the height of the proposed structure. 13. 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 Recommended Conditions of Approval ~ 45-81 Kennedy Avenue Modification (PLN2014-272) to a Previously Approved Planned Development Permit Page 3 of 6 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 14. 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. 15. 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. 16. 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 B 'Id' D' service counter. ui ing ivision 17. 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) 18. 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. 19. 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. Recommended Conditions of Approval ~ 45-81 Kennedy Avenue Modification (PLN2014-272) to a Previously Approved Planned Development Permit Page 4 of 6 20. 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. 21. 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. 22. 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. 23. Changes to Floor Areas: Plans reflect changes to rooms creating changes to exterior wall proximitie advised to review opening allowances and exterior exterior walls less than 5 feet from property lines. FIRE DEPARTMENT floor plans and enlargements to s to property lines. Applicant is wall protection requirements for 24. 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. 25. Automatic Fire Sprinkler System Required: An automatic residential fire sprinkler system shall be installed in one- and two-family dwellings as follows: In all new one- and two-family dwellings and in existing one- and two-family dwellings when additions are made that increase the building area to more than 3,600 square feet. Exception: A one-time addition to an existing building that does not total more than 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 R313.2 as adopted and amended by CBLMC 26. 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 Recommended Conditions of Approval ~ 45-81 Kennedy Avenue Modification (PLN2014-272) to a Previously Approved Planned Development Permit Page 5 of 6 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 as having been met by the applicant(s). 2010 CFC Sec. 903.3.5 and Health and Safety Code 13114.7. 27. Buildings and Facilities: Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet (45 720 mm) of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. Fire Apparatus (Engine) Access Roads Required: Provide access roadways with a paved all weather surtace, a minimum unobstructed width of 20 feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 36 feet outside and 23 feet inside, and a maximum slope of 15%. Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surtaced so as to provide all weather driving capabilities. Turning radius. The required turning radius of a fire apparatus access road shall be determined by the fire code official. Dead ends. Dead-end fire apparatus access roads in excess of 150 feet (45 720 mm) in length shall be provided with an approved area for turning around fire apparatus. Grade. The grade of the fire apparatus access road shall be within the limits established by the fire code official based on the fire department's apparatus. Angles of approach and departure. The angles of approach and departure for fire apparatus access roads shall be within the limits established by the fire code official based on the fire department's apparatus. Authority. The fire code official shall have the authority to require an increase in the minimum access widths where they are inadequate for fire or rescue operations. CFC Chp. 5, as adopted and amended by CBLMC 28. Aerial Fire Apparatus Access Roads: Where required: Buildings or portions of buildings or facilities exceeding 30 feet (9144 mm) in height above the lowest level of fire department vehicle access shall be provided with approved fire apparatus access roads capable of accommodating fire department aerial apparatus. Overhead utility and power lines shall not be located within the aerial fire apparatus access roadway. Width: Fire apparatus access roads shall have a minimum unobstructed width of 26 feet (7925) in the immediate vicinity of any building or portion of building more than 30 feet (9144 mm) in height. Proximity to building: At least one of the required access routes meeting this condition shall be located within a minimum of 15 feet (4572) and a maximum of 30 feet (9144mm) from the building, and shall be positioned parallel to one entire side of the building, as approved by the fire code official. For installation guide lines refer to Fire Department Standard Details and Specifications sheet A-1. CFC Sec. 503.1.1, 503.2.2, 503.2.3, 503.2.4, 503.2.5, 503.2.7, 503.2.8 and CFC Apndx. D as adopted and amended by CBLMC 29. Ground Ladder Access: Ground-ladder rescue from second and third floor rooms shall be made possible for fire department operations. With the climbing angle of seventy five degrees maintained, an approximate walkway width along either side of the building shall be no less than seven feet clear. Landscaping shall not be allowed to Recommended Conditions of Approval ~ 45-81 Kennedy Avenue Modification (PLN2014-272) to a Previously Approved Planned Development Permit Page 6 of 6 interfere with the required access. CFC Sec. 503 and 1029 NFPA 1932 Sec. 5.1.8 through 5.1.9.2 as adopted and amended by CBLMC 30. 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 31. 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. 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. CFC Sec. 505 as adopted and amended by CBLMC PUBLIC WORKS DEPARTMENT 33. Previously Conditioned Project: Prior to recordation of the Final Map, the applicant shall have completed all the requirements for the project previously submitted under application PLN2014-00146. 34. Final Map: Prior to recordation of the Final Map, the project shall include in the Owner's Statement relinquishment of vehicular access to the alleyway from the project. Owner's Statement should read: "We also hereby dedicate and relinquish to the City of Campbell any and all rights of ingress and egress to vehicular traffic across the line of lot(s) as shown on the map and designated (No Access." 35. On-Site Grading and Drainage Plans: Prior to approval of the grading plans, the applicant shall incorporate all revised changes to the grading and drainage plans including, but not limited to, the AC pad units and changes to the visitor parking spaces that is being proposed to now being a handicap space per this application. (Provide revised C.3 Forms to include the AC pads).