CC Resolution 11786RESOLUTION NO 11786
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL APPROVING A MODIFICATION (PLN2014-237)
TO APREVIOUSLY-APPROVED PLANNED DEVELOPMENT
PERMIT (PLN2013-007) TO ALLOW DESIGN CHANGES TO 18
TOWNHOMES ON PROPERTIES LOCATED AT 45-81.
KENNEDY 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 to File No. PLN2014-237
Environmental Finding
1 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
1 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.
City Council Resolution Page 2
Approval of a Modification to Allow Design Changes to a Previously Approved Planned
Development Permit
File No PLN2014-237 I
a
7 The proposed design modifications 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-g.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
4 The proposed development will not be detrimental to the health, safety or welfare of the
neighborhood.orthe 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.
City Council Resolution Page 3
Approval of a Modification to Allow Design Changes to a Previously Approved Planned
Development Permit
File No. PLN2014-237
6 There is a reasonable relationship between the use of the fees imposed upon the
project and the type of development project.
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 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 City Council approves 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 (Exhibit A).
PASSED AND ADOPTED this 3rr7 day of Marrh , 2015 by the following roll call
vote.
AYES Councilmembers: Gibbons
NOES Councilmembers:. None
ABSENT Councilmembers: None
ABSTAIN Councilmembers: None
Resnikof.f Kotowski Raker Cristina
APPROVED•
ATTEST
Anne Bybee, City Clerk
EXHIBIT A
CONDITIONS OF APPROVAL
Modification (PLN2014-237) of a Planned Development Permit
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 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, dated as received by the Planning Division
on December 31 2014 Color Elevations dated as received January 30 2015 and
Detailed Exterior Color Schemes dated as received October 30 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 plahs 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.
Conditions of Approval
Modification - PLN2014-237
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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
language conveyirig 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 repdrt, 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
Conditions of Approval
Modification - PLN2014-237
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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
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 Enerav 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 Building Division
service counter
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)
Conditions of Approval
Modification - PLN2014-237
Pape 4
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.
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 floor plans and enlargements to
rooms creating changes to exterior wall proximities to property lines. Applicant is
advised to review opening allowances and exterior wall protection requirements for
exterior walls less than 5 feet from property lines.
FIRE DEPARTMENT
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
Conditions of Approval
Modification - PLN2014-237
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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,
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 surface, 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 surfaced 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 lie located within the aerial fire apparatus access roadway Width.
Fire apparatus access roads shall have a minimum unobstructed width of 26 feet
Conditions of Approval
Modification - PLN2014-237
Page 6
(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
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 idehtify 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
applicatidn 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.
Conditions of Approval
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Page 7
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).