CC Resolution 12042RESOLUTION NO. 12042
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING 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 City Council 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.
City Council Resolution
PLN2016-34-Approving a Planned Development Permit-1323 Parsons Avenue
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-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.
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
measures agreed to by the project proponent, as specified by the draft Mitigated
Negative Declaration.
City Council Resolution
PLN2016-34 - Approving a Planned Development Permit -1323 Parsons Avenue
Page 3 of 4
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 Conditions of Approval of the Planned Development Permit and/or Tentative
Subdivision Map.
19. The project includes fences/walls along the southerly and northeasterly property lines
which exceed six feet in height.
Based upon the foregoing findings of fact, the City Council further finds and concludes that:
20. 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.
21. The proposed development will be compatible with the General Plan of the City and
will aid in the harmonious development of the immediate area.
22. 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.
23. The proposed development will not be detrimental to the health, safety or welfare of
the neighborhood or the City as a whole.
24. There is a reasonable relationship and a rough proportionality between the Conditions
of Approval and the impacts of the project.
25. There is a reasonable relationship between the use of the fees imposed upon the
project and the type of development project.
26. The proposed and required fences/walls would not impair pedestrian or vehicular
safety, would result in a more desirable site layout, would not be detrimental to the
health, safety, peace, morals, comfort or general welfare of persons residing or
working in the neighborhood of the change, and would not be detrimental or injurious
to property and improvements in the neighborhood or to the general welfare of the city.
27. 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.
City Council Resolution
PLN2016-34-Approving a Planned Development Permit-1323 Parsons Avenue
Page 4 of 4
THEREFORE, BE IT RESOLVED that the City Council approves a Planned Development
Permit (PLN2016-34) for the Project located at 1323 Parsons Avenue, subject to the
attached Conditions of Approval (attached Exhibit "A").
PASSED AND ADOPTED this 6?h day of September, 2016, by the following roll call vote:
AYES: COUNCILMEMBERS: Kotowski, Resnikoff, Gibbons, Baker
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Cristina
ABSTAIN: COUNCILMEMBERS: None
APPROVED: ~_.
Ja on T. Baker, Mayor
I
ATTEST:
Wendy od, City Clerk
EXHIBIT A
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 Proiect: 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/Wall: 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.
Further, along the common southerly property line a. good neighbor fence of six
feet plus two feet of lattice for a total not more than eight feet shall be provided for
privacy.
c. Barbegue: The proposed barbeque, on the common lot, shall be removed from
the plans.
d. Parking: 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.
Exhibit A -Conditions of Approval
PLN2016-34 - 1323 Parsons Avenue -Planned Development Permit
Page 2 of 7
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
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:
Exhibit A -Conditions of Approval
PLN2016-34 - 1323 Parsons Avenue -Planned Development Permit
Page 3 of 7
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,
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, 2016 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
Exhibit A -Conditions of Approval
PLN2016-34 - 1323 Parsons Avenue -Planned Development Permit
Page 4 of 7
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.
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 fallowing 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.
Exhibit A -Conditions of Approval
PLN2016-34 - 1323 Parsons Avenue -Planned Development Permit
Page 5 of 7
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
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.
Exhibit A -Conditions of Approval
PLN2016-34 - 1323 Parsons Avenue -Planned Development Permit
Page 6 of 7
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.
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 Required: 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.
Exhibit A -Conditions of Approval
PLN2016-34 - 1323 Parsons Avenue -Planned Development Permit
Page 7 of 7
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.
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.