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PC Res 4322RESOLUTION NO. 4322 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ~ CAMPBELL RECOMMENDING APPROVAL OF A PLANNED DEVELOPMENT PERMIT (PLN2016-34) FOR SITE CONFIGURATION RESULTING IN THE DEVELOPMENT OF FOUR UNITS, ARCHITECTURAL DESIGN, AND CREATION OF LOTS WHICH DO NOT HAVE FRONTAGE ON A PUBLIC STREET ON PROPERTY LOCATED AT 1323 PARSONS 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 the recommended approval of a Planned Development Permit (PLN2016-34): Environmental Finding 1. An -Initial Study has been prepared for the project which provides documentation for the factual basis for concluding that a Mitigated Negative Declaration (PLN2016-37) may be adopted since no substantial evidence exists; in light of the whole record, that the project may have a significant effect on the environment as conditioned. Evidentiary Findings 2. The proposed project ("project") includes a Planned Development Permit (PLN2016- 34) for the approval of site configuration, architectural design and to create residential lots which do not have frontage on a public street, Tentative Subdivision Map (PLN2016-36) to create four developable single family lots and one commonly owned lot, Zoning Map Amendment (PLN2016-35) to change the zoning from R-1-6 (Single- Family Residential) to P-D (Planned Development), and Parking Modification Permit (PLN2016-222) to allow uncovered parking in lieu of covered. 3. The project site is a 33;263 square-foot property located on the west side of Parsons Avenue, south of Camden Avenue, and north of Sharp Avenue. - 4. Single-family residential properties border the site to the south and west and commercial uses border the property to the north and east. 5. The lot is currently developed with one single-family residence that will be demolished as part of the proposed subdivision. 6. Single-family residential properties border the site to the south and west ~ and commercial .uses border the property to the north and east. 7. The project site is zoned R-1-6 (Residential Single-Family) as shown on the Campbell Zoning Map and will be rezoned to P-D (Planned Development). 8. The project site is designated Low Density Residential (<6 Units / Gr. Acre) as shown on the Campbell General Plan Map. Planning Commission Resolution No. 4322 PLN2016-34 -1323 Parsons Ave -Recommending Approval of a Planned Development Permit Page 2 of 4 9. The proposed residential land use, at a density of approximately 5 units/gr. acre, is consistent with the allowable land use and maximum density permitted by the Low Density Residential (< 6 units per gross acre) General Plan land use designation. 10. The proposed Tentative Subdivision Map may be approved concurrently, and subject to a Planned Development Permit, and Zoning Map Amendment. 11. 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. 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. 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. 12. The project proposes 13 parking spaces (8 covered, 5 ,uncovered), where 12 parking spaces (10 covered, 2 uncovered) are required which is allowed with the approval of the associated Parking Modification Permit (PLN2016-68). 13. A draft Mitigation Monitoring and Reporting Program has been provided demonstrating the responsible party and phase of the project that each Mitigation Measure shall be carried out. 14. There are no responsible agencies„ or trustee agencies responsible for resources affected by the project. 15. On the basis of the Initial Study, and as supported by substantial evidence, the project will not have a significant effect on the environment due to the application of uniformly applicable development policies, and incorporation of project-specific mitigation Planning Commission Resolution No. 4322 PLN2016-34 -1323 Parsons Ave -Recommending Approval of a Planned Development Permit Page 3 of 4 measures agreed to by the project proponent, as specified by the draft Mitigated Negative Declaration. - 16. The City of Campbell provided a .Notice of Intent to adopt a Mitigated Negative Declaration to the public via the Campbell Express, the County Clerk, and on the City website. 17. The City of Campbell provided a 20-day public review period of the Mitigated Negative Declaration pursuant to the California Environmental Quality Act Guidelines. The 20- day public review period was from August 3, 2016 to August 23, 2016. 18. The mitigation measures identified in the Mitigated Negative Declaration are included as Condition's of Approval of the Planned Development Permit and/or Tentative Subdivision Map. Based upon the foregoing findings of -fact, the Planning Commission further finds and concludes that: 19. ~ 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. 20. The proposed development will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 21. 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. 22. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 23. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts. of the project. 24. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 25. 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 (PLN2016-34) for the Project located at 1323 Parsons Avenue, subject to the attached Conditions of Approval (attached Exhibit "A"). Planning Commission Resolution No. 4322 PLN2016-34 -1323 Parsons Ave -Recommending Approval of a Planned Development Permit Page 4 of 4 PASSED AND ADOPTED tf AYES:. Commissioners: NOES: Commissioners: ABSENT: Commissioners ABSTAIN: Commissioners: pis 23~d day of August, 2016, by the following-roll call vote: Bonhagen, Dodd, Finch, Kendall, Reynolds, Rich-.,and ~ Young None None None I APPROVED: ATTEST: Paul Ker an, Secretary EXHIBIT A RECOMMENDED CONDITIONS OF APPROVAL Planned Development Permit (PLN2016-34) 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 (PLN2016- 34) approving site configuration, architectural design, and the creation of four residential lots/units which do not have frontage on a public street, in conjunction with and subject to a Zoning Map Amendment (PLN2016-34) to rezone the property from R-1-6 (Single-Family Residential) to P-D (Planned Development), Tentative Subdivision Map (PLN2016-36), and Parking Modification Permit (PLN2016-222) on property located at 1323 Parsons Avenue. The project shall substantially conform to the Revised Project Plans dated August 9, 2016 except ~as may be modified by the Conditions of Approval herein. - 2. Planning Final Required: Planning Division clearance is required prior to Building Permit final. 3. Plan Revisions: Prior to Building Permit submittal, the project plans .shall reflect the following changes: a. Conditions of Approval: The conditions of approval shall be stated in full in the construction plans. b. Fence/V1/all: The applicant shall coordinate the construction of a new or reconstructed wooden fence or masonry wall that shall be between six and nine feet in height with enhanced landscaping (e.g. Italian cypress) placed in the landscape strip between the driveway and the offsite commercial uses to the east (i.e. Jiffy Lube). The final design/specifications of the wall shall incorporate recommendations of the project acoustical analysis. c. Barbegue: The proposed barbeque, on the common lot, shall be removed from the plans. d. Parkin Prior to occupancy, .thirteen (eight covered and five uncovered) residential parking spaces shall be provided. Uncovered parking spaces shall be - adequately striped in the locations shown on the Project Plans and incorporate wheel stops as well as signage to signify the total number and availability to guests of all units at all times. e. Trees: The project plans shall note reflect a minimum of two trees per lot (including two for the common lot located near the guest parking spaces). The tree species selected shall be a Crape Myrtle. Where trees are proposed for Exhibit A -Recommended Conditions of Approval PLN2016-34- 1323 Parsons Ave -Planned Development Permit Page 2 of 7 removal, the project plans will clearly note that the root stump shall be removed as well The incorporation of these revisions shall be subject to the satisfaction and approval of the Director of Community Development. 4. 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. 5. 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. 6. Equal Access: As codified within the project's CC&Rs, the Home Owners Association shall maintain equal access to all common facilities and amenities by all residents (renters and homeowners) of the project. 7. 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 the issuance of building permits. 8. Parking and .Driveways: All parking and driveway areas shall be developed and maintained in compliance chapter 21.28 (Parking and Loading Ordinance) of the Campbell Municipal Code. 9. Indemnity: If determined necessary by the Community Development Director, the applicant shall enter into an agreement satisfactory to the City Attorney to indemnify and defend the City of Campbell, its officers, officials, employees, and agents from any and all actions, liabilities, losses, and torts, including attorney's fees arising out of or connected unto any challenge to the decision of the City Council on this application. Such agreement shall be executed within the 30 days of the Community Development Director's decision to require it. 10. Planned Development Permit: The Planned Development Permit (PLN2016-34) is contingent upon approval of the Tentative Subdivision Map (PLN2016-36). A Tract Map may not be recorded if the Planned Development Permit expires or is revoked by the City Council. 11. CEQA Mitigation Measures: The following. measures shall be implemented pursuant to the Mitigated Negative Declaration: Mitigation Measure AIR-1: 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 fugitive dust emissions primarily during soil movement, Exhibit A -Recommended Conditions of Approval PLN2016-34^ 1323 Parsons Ave -Planned Development Permit Page 3 of 7 grading and demolition activities, but also during vehicle and equipment movement on unpaved project sites: a. -Use dust-proof chutes for loading construction debris onto trucks. b. Water or cover stockpiles of debris, soil, and .other materials that can be blown by the wind. c. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard. d. Sweep daily (with water sweepers) all paved access roads, parking areas, and staging areas at the construction site: e. Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets, as directed by the City Engineer. f. Enclose, cover, water twice daily or, or apply (non-toxic) soil stabilizers to exposed stockpiles (dirt, sand, etc.). g. Install erosion control measures to prevent runoff from the project site. Mitigation Measure CUL-1: 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. Mitigation Measure GEO-1: The applicant shall comply with the recommendations in the Geotechnical Investigation, dated January 7,x2016 by Wayne L. Ting C.E. (No. C46276) of Wayne Ting & Associates Incorporated. Such recommendations shall be -incorporated into the project's final engineering .design to minimize the damage from seismic shaking, unsuitable fill, and other geological deficiencies. The project shall use standard engineering techniques and conform to the requirements of the International Building Code to reduce the potential for seismic damage and risk to future occupants. Mitigation Measure HAZ=1: Prior to issuance of a demolition permit, a .qualified contractor shall asses- the property for presence of Lead-based paint (LBP) and Asbestos containing building materials (ACBM), and if present, prepare a plan, to the satisfaction of the Building Official, to properly manage and dispose of such materials. Mitigation Measure NOI-1: Mechanical ventilation (HVAC) shall be included in all residences constructed to allow occupants to close doors and windows as desired to achieve additional acoustic isolation. Further, the .project building plans shall incorporate dual pane thermal windows and acoustically effective doors with a rated minimum Sound Transmission Class (STC) as recommended by the acoustical study. Exhibit A -Recommended Conditions of Approval PLN2016-34- 1323 Parsons Ave -Planned Development Permit Page 4 of 7 Mitigation Measure NOI-2: An acoustical study shall be prepared for the project which will study existing noise conditions, the project plans, and provide specific structural recommendations to comply with the noise exposure limits identified in the Campbell General Plan. The project building plans .shall incorporate the recommendations as mitigation measures. ' 12. Pest Control: Prior to issuance of a demolition and/or building permit, the applicant .shall be required to hire a pest control company to inspect the site for rodents and provide a report on the inspection to the City for review. If it has determined that rodents exist, a remediation plan shall be prepared by the pest control company and provided to the City for review and approval, and the remediation plan shall be implemented to rid the site of rodents prior to issuance of a demolition and/or building permit. 13. Sound Attenuation: The project shall comply with the City Residential Noise Standards (CMC 21.16.070.E). 14. Roof Vents: The applicant shall coordinate mechanical and plumbing plans to minimize the number of roof vents that are visible from the street frontage. The applicant shall provide the location of such vents on the building plan elevations and roof plans, to the satisfaction of the Community Development Director, prior to issuance of a building permit. 15. 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. 16. 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). 17. 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. 18. 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 Exhibit A -Recommended Conditions of Approval PLN2016-34^ 1323 Parsons Ave -Planned Development Permit Page 5 of 7 shut, or be demolished or removed from the property (California Fire Code, 2013 _ Edition). 19. 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. 20. .Construction Activity: The following standards shall apply to construction of the project: • 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. • 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 ' 21. Permits Required: A building permit application shall be required for the proposed new dwelling structures. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 22. 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. 23. Construction Plans: The conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit.. 24. ,Size Of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 25. 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. Exhibit A -Recommended Conditions of Approval PLN2016-34- 1323 Parsons Ave -Planned Development Permit Page 6 of 7 26. 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. 27. 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 28. 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. 29. 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. 30. Approvals Reauired: The project .requires the following agency ..approval or consultation prior to issuance of the building permit: ,a. West Valley Sanitation District (378,2407) b. Santa Clara County Fire Department (378-4010) c. San Jose Water Company (408) 279-7900 (Customer Service) d. 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. 31: P.G.& E.: Applicant is advised that Secondary Dwelling Units on Residential lots are not able to have separate electrical and gas service: Gas and Electric service must be provided from the services associated with the main residential structure. Exhibit A -Recommended Conditions of Approval PLN2016-34- 1323 Parsons Ave -Planned Development Permit Page 7 of 7 32. 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. 33. 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. 34. 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. 35. 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. 36. 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.