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PC Res 4330RESOLUTION NO. 4330 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A PLANNED DEVELOPMENT PERMIT (PLN2016-263) TO ALLOW FOR THE CONVERSION OF PRIWATE PATIO AREAS TO COMMON OPEN SPACE, ALTERATIONS . TO EXISTING STAIRCASES, AND INSTALLATION OF NEW LIGHTING FIXTURES WITHIN TWO COURTYARDS OF AN EXISTING APARTMENT COMMUNITY LOCATED AT 225 UNION 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 (PLN2016-263): Environmental Finding 1. 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. Evidentiary Findings 2. The proposed project ("project") includes a Planned Development Permit (PLN2016- 263) to allow for the conversion of private patio areas to common open space, alterations to existing staircase, and installation of new lighting fixtures within two courtyards of an existing apartment community and Tree Removal Permit (PLN2016- 266) to .allow removal of protected trees. 3. The project site consists of a single parcel (approximately 380,278 sq. ft. net) located on the west side of Union Avenue, east of Highway 17, south of E. Campbell. Avenue, and north of Valley Drive. . 4. The subject property is zoned .P-D (Planned Development) and has a General Plan Land Use Designation of High-Density Residential (21-27 units/gr. acre). 5. As a developed site, the property has four distinct apartment building `clusters' (identified as Building 1 through 4 on the project plans), a combination of covered carports and garports, and a recreation building/leasing office and pool that is located at the rear of the site. The property further has 252 rental units and 408 onsite parking spaces. 6. The project, as conditioned, 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 Planning Commission Resolution`No. ~ ~, Findings Recommending Approval of a Planned Development Permit (PLN2016-263) Page 2 of 3 residents of all income levels, age groups and special needs sufficient opportunities and choices for locating in Campbell. Strategy LUT-5.2a: Neighborhood Comgatibilit rL: 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. Goal OPS-3: Ensure that new development provides and/or contributes toward additional open space, parks and recreational facilities. Policy OPS-3.1: Standards for Residential Projects: Ensure the provision of private open space or recreational facilities in residential projects: Policy OPS-3.4c: Retention of Existing Private Open Space and Recreation Facilities: Explore incentives to encourage the retention `of existing private open space and recreation facilities. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 7. 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. 8. The proposed development will be compatible.. with the General Plan of the City and will aid in the harmonious development of the immediate area. 9. 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. 10. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 11. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. 12. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 13. 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 (PLN2016-263) to allow for the conversion of private patio areas to common open space, alterations to existing staircases, and installation of new Planning Commission Resolution No. Findings Recommending Approval of a Planned Development Permit (PLN2016-263) Paae 3 of 3 lighting fixtures within two courtyards of an existing apartment community, subject to the attached Conditions of Approval (attached Exhibit "A"). PASSED AND ADOPTED this 13th day of September, 2016, by the following roll call vote: AYES: Commissioners: Bonhagen, Dodd, Hernandez, Reynolds Young, and Kendall NOES: Commissioners: ABSENT: Commissioners Rich ABSTAIN: Commissioners: APPROVED: ATTEST: Paul KerrhtSyan, Secretary EXHIBIT A RECOMMENDED CONDITIONS OF APPROVAL Planned Development Permit (PLN2016-263) 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 allowing the conversion of private patio areas to common open space, alterations to existing staircase, and installation of new lighting fixtures within two courtyards of an existing apartment community in conjunction with and subject- to a Tree Removal Permit (PLIV2016-266) to allow removal of protected trees on property located at 225 Union Avenue. The project shall substantially conform to the Project Plans dated August 17, 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 be revised to incorporate the following revisions: a. Patio Tables: Provide patio tables for dining in the new open space areas of Building 2 and Building 4. b. Bicycle Parking and Barbeque Area: As part of the building permit, or as part of a separate permit, the applicant shall submit plans which provide additional bicycle parking onsite and a barbeque area for residents. The flexibility to submit as part of a separate building permit is with the intent of providing flexibility for the design of these amenities to be approved separately, as part the more comprehensive redevelopment of the site, but must be submitted no later than six months from building final of the rest of the subject permit, and completed no later than one year from building final. c. Trash Enclosures: The existing trash enclosures shall be enlarged to accommodate existing bins on site. Where enlarging the existing enclosures is not feasible due to site constraints, more frequent trash pickups shall be scheduled such that smaller and/or fewer bins may be used to ensure that all trash is contained within the existing enclosures. 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. Recommended Conditions of Approval Planned Development Permit (PLN2016-263) Page 2 of 3 5. Supersede: The subject permit serves to supersede all previous land use entitlements on the property. These entitlements, including but not limited to "S" 97-19 (Site Approval) are herein incorporated by reference, and shall remain operative in their conveyance of aright to reconstruct buildings of a certain size, height, and placement upon involuntary destruction by cause of natural calamity, or act of ,God or the public enemy. Further all vested rights are herein transferred and assigned to the subject Planned Development Permit except as may otherwise be approved and governed by the Planned Development Permit approved herein. ~ ~ 6. Indemnity: If determined necessary by the Community Development Director, the applicant shall enter into an agreement satisfactory to the Gity 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. 7. Utility Boxes and Back-Flow Preventers: No new utility boxes or back-flow preventers shall be installed without prior written authorization by the Community Development Director. Building Division 8. Permits Required: A building permit application shall be required for each proposed new dwelling structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such. work is part of the permit. 9. 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. 10. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 11. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 inches by 36 inches. 12. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. Site plan shall also include site drainage details. Elevation bench marks shall be called out at all locations that are identified as "natural grade" and those that are "finished grade" and intended for use to determine the height of proposed improvements. 13. 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 Recommended Conditions of Approval Planned Development Permit (PLN2016-263) Page 3 of 3 accordance with C.B.C Appendix 1, Section 106. Please obtain City of Campbell Special Inspection forms from the Building Inspection Division Counter. 14. 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. 15. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. Santa Clara County Fire Department (378-4010) b. San Jose Water Company (408) 279-7900 (Customer Service) - c. Bay Area Air Quality Management District (Demolitions Only) 16. 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. 17. 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.