CC Resolution 11839~,f-
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~{~ RESOLUTION NO. 11839
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~ BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL DENYING AN APPEAL AND UPHOLDING APPROVAL
OF A MODIFICATION (PLN2014-253) TO A PREVIOUS SITE
APPROVAL ("S" 72-44) ALTERING THE PARKING
CONFIGURATION OF THE LA VALENCIA APARTMENT
f COMMUNITY TO RESTORE THE REQUIRED NUMBER OF
PARKING SPACES AND A VARIANCE (PLN2014-254) TO ALLOW
USE OF ,REDUCED PARKING STALL DIMENSIONS, ON
PROPERTY LOCATED AT 350 BUDD AVENUE. FILE NO:
PLN2014-253/254
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 number PLN2014-253/254:
1. The project site is zoned R-3 (Multiple-Family Residential) on the City of Campbell
Zoning Map.
2. The project site is designated High Density Residential (21-27 units/gr. acre) on the
City of Campbell General Plan Land Use Map.
3. The project site is located at the southeast corner of Budd Avenue and San Tomas
Expressway.
4. The project site is developed with a 234-unit apartment community commonly known
as La Valencia, which was constructed pursuant to Planning Commission approval of
Site Approval "S" 72-44, on July 17, 1972.
5. Site Approval "S" 72-44 required provision of 351 parking spaces (238 covered),
pursuant to the parking standard in effect at the time, contained in former Campbell
Municipal Code Chapter 21.50, of 1 '/z spaces per unit, of which one must be covered.
6. The project site currently contains 332 parking spaces, representing a deficiency of 19
parking spaces as required by "S" 72-44, constituting a violation of the Campbell
Municipal Code.
7. The proposed project would reconfigure a portion of the parking lot with angled parking
and parallel parking spaces at a reduced stall dimension equivalent to non-residential
"uni-stall" standard of 8 '/z feet by 18 feet, resulting in provision of 352 parking spaces
achieving compliance with Site Approval "S" 72-44.
8. The proposed project requires approval of a Modification to the 1972 "S" 72-44 Site
Approval pursuant to the Campbell Municipal Code Sec. 21.56.060 as a "major
change".
9. The proposed project additionally requires approval of a Variance to allow a reduction
in parking stall dimensions pursuant to Campbell Municipal Code Section 21.48.020
City Council Resolution
Denying an Appeal
350 Budd Avenue - PLN2014-253/254
Paoe 2
wherein parking stall dimensions constitute a development standard and not a use of
land.
10. Requiring conformance to the residential parking stall dimensions would require that
open space areas be replaced with a parking lot, severely undermining the aesthetic
integrity of the community. This condition represents a site constraint unique to the
development, and as such, use of non-residential "uni-stall" parking stalls is necessary
to achieve compliance with the project's "S" 72-44" Site Approval.
11. The separate leasing of parking spaces creates a financial disincentive to use on-site
parking, which encourages residents to park off-site. As such, requiring parking spaces
be provided as part of the "base rent" of the apartment units, at no additional cost, is
necessary to ensure the suitable use of on-site parking spaces.
12. Requiring assignment of parking spaces by bedroom count such that each one
bedroom apartment unit is assigned one parking space and each two bedroom unit is
assigned two parking spaces is necessary to ensure the equitable distribution of
parking spaces.
13. There is a documented history of La Valencia residents parking in the adjacent
neighborhood while not utilizing the paid reserved parking. Surveys made by the
Campbell Police Department between January 9th to January 29th, 2014 show that
sixteen (16) to thirty-eight (38) vehicles registered at 350 Budd Avenue were using on-
street parking on California, Catalpa and EI Caminito after 10:00 p.m. At the same time,
over a third of the paid spaces were going unused on a regular basis.
f
Based upon the foregoing findings of fact, the City Council further finds and concludes
that:
1. The project will be consistent with the General Plan;
2. The project will aid in the harmonious development of the immediate area;
3. The project is consistent with applicable adopted design guidelines;
4. The strict or literal interpretations and enforcement of the specified regulation(s) would
result in a practical difficulty or unnecessary physical hardship inconsistent with the
objectives of this Zoning Code;
5. The strict or literal interpretations and enforcement of the specified regulation(s) would
deprive the applicant of privileges enjoyed by the owners of other properties classified
in the same zoning district;
6. There are exceptional or extraordinary circumstances or conditions applicable to the
subject property (i.e., size, shape, topography) which do not apply generally to other
properties classified in the same zoning district;
City Council Resolution
Denying an Appeal
350 Budd Avenue - PLN2014-253/254
Page 3
7. The granting of the Variance will not constitute a grant of special privilege inconsistent
with the limitations on other properties classified in the, same zoning district;
8. The granting of the Variance will not be detrimental to the public health, safety, or
welfare, or materially injurious to properties or improvements in the vicinity;
9. The project is Categorically Exempt under Section 15301 Class 1 of the California
Environmental Quality Act (CEQA) pertaining to minor alterations to an existing private
structure, involving negligible or no expansion of use beyond that existing at the time of
the lead agency's determination.
THEREFORE, BE IT RESOLVED that the City Council denies the appeal and upholds the
approval of a Modification (PLN2014-253) to a previous Site Approval ("S" 72-44) altering
the parking configuration of the La Valencia apartment community to restore the required
number of parking spaces and a Variance (PLN2014-254) to allow use of reduced parking
stall dimensions, on property located at 350 Budd Avenue, subject to the attached
Conditions of Approval (attached Exhibit "A").
PASSED AND ADOPTED this 16th day of June
roll call vote:
2015, by the following
AYES: COUNCILMEMBERS: Gibbons, Resnikoff,^xotowski, Baker, Cristina
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
APPROVED:
ATTEST: [~ ~ ~,o
Wendy ood, Acting City Clerk
Exhibit A
CONDITIONS OF APPROVAL
Modification to a Site Approval (PL2014-253)
Variance (PLN2014-254)
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 aFe not herein specified.
COMMUNITY DEVELOPMENT DEPARTMENT..
Planning Division , /
1. Approved Project: Approval is granted for a Modification (PLN2014-253) to a previous
Site Approval ('S' 72-44) to alter the parking configuration of the La Valencia apartment
community to restore the required number of parking spaces and a Variance (PLN2014-
254) to allow use of reduced parking stall dimensions, on property located at 350 Budd
Avenue. The project shall substantially conform to the Revised Project Plans stamped
as received by the Planning Division on April 15, 2015, respectively, except as may be
modified by the Conditions of Approval herein.
2. Previous Conditions of Approval: Upon the effective date of the Resolution approving
this Modification (PLN2014-253) and Variance (PLN2014-254), the previously
approved Conditions of Approval"provided in Site Approval""S" 72-44 shall be void and
shall permanently be superseded in their entirety by the Conditions of Approval
specified herein.
3. Approval Expiration: The Modification and Variance approved herein is valid for one
year from the date of final approval (expiring May 8, 2016). Within this one-year
period, an application for a building permit must be submitted. Failure to meet this
deadline will result in entitlement approval being rendered void.
4. Compliance Deadline: The applicant shall submit an application for a building permit,
including construction drawings for the parking lot reconfiguration and carport
structures, within 45 days of this approval.
5. Site Plan Refinement: Refinements to the approved site plan configuration that would
not result in the fewer than 351 parking spaces,may be administratively reviewed and
approved by the Community Development Director as part of the review of construction
plans for a building permit.
6. Carport Design: The design of new and replacement carport structures shall be
reviewed and approved for architectural consistency by the Community Development
Director.
7. Planning Final Required: Planning .Division clearance is required prior to Building
Permit final. Construction not in substantial compliance with the approved project plans.
shall not be approved without prior authorization of the necessary approving body.
Conditions of Approval - 350 Budd Ave.
PLN2014-253/254
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8. Parking Space Usage: The following standards shall apply to the use of parking
spaces:
a. Number of Parking Spaces: The property shall maintain 351 parking spaces (1
'/z per unit) in compliance with the Site Approval 'S' 72-44, of which a minimum
of 238 spaces shall be covered (carport).
b. Parking Space Allocation: Each one bedroom unit shall be allocated one
reserved parking space and each two bedroom unit shall be allocated two
reserved. parking spaces. Accessible (disabled) parking spaces shall be
assigned to eligible residents in compliance with this requirement.
c. Leasing of Parking Spaces: Parking spaces shall be provided as part of the
"base rent" of the apartment units at no additional cost and shall not be leased
separately from the apartment units.
d. Resident Use of Parking Spaces: Parking spaces are for the exclusive use of
the parking of resident's private vehicle(s). Parking spaces shall not be rented
out to other residents or parties, nor shall they be used for storage purposes,
including boats or trailers. The management company shall implement a parking
pass/tag program to register and identify vehicles owned by residents to ensure
compliance with this requirement.
e. Non Resident Parking: Except for one (1) parking space, no parking spaces
shall be reserved as guest or staff parking, and/or open (unrestricted) parking,
unless additional parking spaces beyond the required 351 are created.
f. Maintenance: All parking and driveway areas shall be maintained in compliance
with the approved plans and Chapter 21.30 (Parking and Loading) of the
Campbell Municipal Code.
g. Signage/Marking: Appropriate directional signage and pavement markings (i.e.,
one-way only signs, arrows, etc.) shall be ,required and noted on the
constructions plans for a building permit.
9. Fire Lane 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.
10.On-Site Lighting: On-site lighting shall be shielded away from adjacent properties and
directed on site. 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 during building permit review for compliance with the
Campbell Lighting Design Standards.
11. Landscape Maintenance: All landscaped areas shall be continuously maintained.
Landscaped areas shall be watered on a regular basis so as to maintain healthy plants.
Landscaped areas shall be kept free of weeds, trash, and litter. Dead or unhealthy
plants shall be replaced with healthy plants of the same or similar type.
Conditions of Approval - 350 Budd Ave.
PLN2014-253/254
Page 3 of 6
12. Fences/Walls: Any newly proposed fencing and/or walls shall comply with Section
21.18.060 of the Campbell Municipal Code and shall be submitted for review and
approval by the Community Development Department.
13. Property Maintenance: The property owner shall maintain the property free from graffiti;
trash, and rubbish.
14. Refuse Receptacles: New and/or modified refuse enclosures shall comply with all
applicable standards of Section 21.18.110 of the Campbell Municipal Code, and shall
include a roof covering, sanitary drain connection, and fire sprinkler protection. Refuse
receptacles shall be kept within the enclosures except during collection in compliance
with Chapter 6.04 of the Campbell Municipal Code.
15.Construction Activities: The applicant shall abide by the following requirements during
construction:
a. 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 the issuance of building
permits.
b. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00
p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take
place on Sundays or holidays unless an exception is granted by the Building
Official.
c. All construction equipment with internal combustion engines used on the project site
shall be properly muffled and maintained in good working condition.
d. Unnecessary idling of internal combustion engines shall be strictly prohibited.
e. All stationary noise-generating construction equipment, such as air compressors
and portable power generators, shall be located as far as possible from noise-
sensitive receptors such as existing residences and businesses.
f. Use standard dust and erosion control measures that comply with the adopted Best
Management Practices for the City of Campbell.
Building Division
16. Permits Required: A building permit application shall be required for the proposed
changes to the Apartment Parking lot(s). The building permit shall include
Electrical/Plumbing/Mechanical fees when such work is part of the permit. The building
shall be made to comply with all the requirements necessary to the new buildings
proposed occupancy.
17. Construction Plans: The conditions of Approval shall be stated in full on the cover sheet
of construction plans submitted for building permit.
18. Size of Plans: The minimum size of construction plans submitted for building permits
shall be 24 in. X 36 in.
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.
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20. 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. Site address and parcel
numbers shall also be clearly called out. Site parking and path of travel to public
sidewalks shall be detailed.
21. 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 Chapter 1, Section 106. Please obtain City of Campbell,
Special Inspection forms from the Building Inspection Division Counter.
22. Non-Point Source Pollution: 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.
23. Title 24 Accessibilitv -Commercial: On site general path of travel shall comply with the
latest California Title 24 Accessibility Standards. Work shall include but.not be limited
to accessibility to building entrances from parking facilities and sidewalks.
24. Title 24 Accessibilitv -Commercial: This project shall comply fully with the provisions
of Chapter 11 B of California Building Code 2013 ed.
25. Approvals Required: The project requires the following agency approval prior to
issuance of the building permit:
a. Santa Clara County Fire Department
26. P.G.&E.: Applicant is advised to contact Pacific Gas and Electric Company 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. Applicant should also consult with P.G.&E. concerning utility easements,
distribution pole locations and required conductor clearances.
27. Storm Water Requirements: Storm water run-off 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.
PUBLIC WORKS DEPARTMENT
Under normal circumstances, Public Works would not support taking a project to Public
Hearing without a thorough understanding of the stormwater implications. However, as
this is essentially more of a Code Enforcement action, the details relating to stormwater
quality can be worked out during the Building permit stage similar to those projects that do
not require any .Planning approvals prior to applying for building permits. The building
permit and grading permit will not be issued until all Public Works Conditions of Approval
have been satisfied:
Conditions of Approval - 350 Budd Ave.
PLN2014-253/254
Page 5 of 6
28. Grading and Drainaoe Plan: Prior to issuance of any grading or building permits for the
site, the applicant shall conduct hydrology studies based on a ten-year storm
frequency, prepare an engineered grading and drainage plan, and pay fees required to
obtain necessary grading permits. Prior to occupancy, the design engineer shall
provide written certification that the development has been built per the engineered
grading and drainage plans.
29. Storm Water Information: On the Grading and Drainage plan show the amount, in
square footage, of:
a. Existing impervious area.
b. Proposed impervious area.
c. Proposed pervious area.
30. Drainage System: Prior to occupancy clearance, the applicant shall refurbish, remodel,
and reconstruct the on-site drainage system, as necessary, to demonstrate that the
facilities are'functioning normally in accordance with the requirements•of the City.
31.Stormwater Quality (C.3): The plan as submitted is not detailed enough to determine
the change in impervious area resulting from the project's activities. If during the
' Building permit stage it is determined that changes in impervious area exceed 5,000
square feet, then the applicant will, be subject to requirements for a Regulated Project
as detailed in Sub-Condition 'a', listed below. Otherwise, the applicant will be subject to
the requirements detailed in Sub-Condition 'b', listed below. Even if the project does not
trigger the requirements for a Regulated Project, the applicant will still be required to
implement Best Management Practices such as directing run-off from the Carport roofs
to adjacent landscaped areas.
a. Stormwater Pollution Prevention Measures for Non-regulated Projects:
Prior to issuance of any grading or building permits, the applicant shall comply
with the National Pollution .Discharge Elimination System (NPDES) permit
requirements, Santa Clara Valley Water District requirements, and the Campbell
Municipal Code regarding stormwater pollution prevention. The primary
objectives are to improve the quality and reduce the quantity of stormwater
runoff to the bay.
Resources to achieve these objectives include Stormwater Best Management
Practices Handbook for New Development and Redevelopment ("CA BMP
Handbook") by the California Stormwater Quality Association (CASQA), 2003;
Start at the Source: A Design Guidance Manual for Stormwater Quality
Protection ("Start at the Source") by the Bay Area Stormwater Management
Agencies Association (BASMAA), 1999; and Using Site Design Techniques to
Meet Development Standards for Stormwater Quality.' A Companion Document
to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003.
b. Stormwater Pollution Prevention Measures for Regulated Projects: Prior to
issuance of any grading or building permits, the applicant shall comply with the
National Pollution Discharge Elimination System (NPDES) permit requirements,
Santa Clara Valley Water District requirements, and the Campbell Municipal
Code regarding stormwater pollution prevention. Specifically the project must
include source control, site design and treatment measures to achieve
Conditions of Approval - 350 Budd Ave.
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compliance with Provision C.3. of the NPDES Permit: Measures may include,
but .are not limited to, minimization of impervious surface area, vegetated
swales, infiltration areas, and treatment devices. The primary objectives are to
improve the quality and reduce the quantity of stormwater runoff to the bay.
Resources to achieve these objectives include stormwater Best Management
Practices Handbook for New Development and Redevelopment ("CA BMP
Handbook") by the California stormwater Quality Association (CASQA), 2003;
Start at the Source: A Design Guidance Manual for stormwater Quality
Protection ("Start at the Source") by the Bay Area stormwater Management
Agencies Association (BASNIAA), 1999; and Using Site Design Techniques to
Meet Development Standards for stormwater Quality: A Companion Document
to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003.
Upon submission of the grading plans, the applicant shall calculate and submit
to the City the amount of impervious surface created by the development
including the types of stormwater controls to be used. The applicant shall submit
preliminary sizing and design showing stormwater controls meet the City's
requirements.
Prior to issuance of any grading or building permits:
(1) The applicant's designer or engineer shall submit the required
certification indicating that sizing, selection, and design of treatment
BMP's for the project site has been completed to meet the
requirements of the City of Campbell's NPDES permit, No. 01-119,
Provision C.3.
(2) The applicant shall sign the "Covenants for the Operation and
Maintenance of stormwater Facilities" and submit a stormwater
Management Plan.
Prior to occupancy:
(1) A qualified BMP certifier is required to inspect the stormwater
management facilities, submit a complete set of as-built drawings
to Public Works Engineering, and certify on these drawings that:
• The stormwater management facilities were constructed in
compliance with the approved plans.
• The as-built drawings show all pertinent constructed dimensions,
elevations, shapes, and materials.
• All variations in construction from the approved design plan have
been identified, including omissions to and additions from the
approved plan.
• Any changes are in conformance with local, state, or federal
regulations.
• The applicant shall provide security for the operation and
maintenance of stormwater. pollution prevention measures installed
or provided as a part of this project.