CC Resolution 12057RESOLUTION NO. 12057
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING 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 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 City Council finds as follows with regard to the approval of 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,
conversion of second-story balcony areas into walkways, alterations to existing
staircases, 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:
City Council Resolution
Findings for Approval of a Planned Development Permit (PLN2016-263)
Paae 2 of 3
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 Comoatibilitv: 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 Sgace 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 City Council 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 City Council adopts a Resolution approving a
Planned Development Permit (PLN2016-266) to allow for the conversion of private patio
areas to common open space, alterations to existing staircases, and installation of new
City Council Resolution
Findings for Approval of a Planned Development Permit (PLN2016-263)
Page 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 4th day of October, 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
ATTEST: O
Wendy~l ood, City Clerk
EXHIBIT A
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 Proiect: 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
(PLN2016-266) 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.
Conditions of Approval
Planned Development Permit (PLN2016-263)
Page2of3
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 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.
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
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 Ohly)
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.