CC Resolution 12063RESOLUTION NO. 12063
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING A PLANNED DEVELOPMENT PERMIT
(PLN2016-276) TO ALLOW THE CONSTRUCTION OF TWO (2)
TWO-STORY DETACHED SINGLE-FAMILY HOMES ON PROPERTY
LOCATED AT 1223 WALNUT DRIVE.
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 (PLN2016-276):
Environmental Findino
1. An Initial Study has been prepared for the project which provides documentation for the
factual basis for concluding that a Negative Declaration (PLN2016-278) 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 Tentative Parcel Map (PLN2016-019) to
create two residential lots and one common lot, Zoning Map Amendment (PLN2016-
275) to change the zoning designation from R-M (Multi-Family Residential) to P-D
(Planned Development), a Planned Development Permit (PLN2016-276) to allow the
construction of two (2) two-story detached single-family homes, a Tree Removal Permit
(PLN2016-277) to allow for the removal of one protected tree, and a Negative
Declaration (PLN2016-278).
3. The project site consists of a 10,011 square foot (net area) lot located on Walnut Drive
between Wendell Drive and Hacienda Avenue.
4. The lot is currently developed with one single-family residence that will be demolished
as part of the proposed project.
5. Abutting land uses include a single-family residence to the south, single-family
townhomes to the north and east, and a senior living facility to the west.
6. The project site is designated Low-Medium Density Residential (6-13 Units / Gr. Acre)
as shown on the Campbell General Plan Map.
7. The proposed residential land use, at a density of approximately seven (7) units/gr. acre,
is consistent with the allowable land use and maximum density permitted by the Low-
Medium Density Residential General Plan land use designation.
8. The project would be consistent with the following General Plan policies and strategies:
City Council Resolution
PLN2016-276 - Approving a Planned Development Permit - 1223 Walnut Drive
Page 2 of 4
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 Comoatibility: 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.
9. The project site is zoned R-M (Multi-Family Residential) as shown on the Campbell
Zoning Map and will be rezoned to P-D (Planned Development).
10. The proposed floor area (<50%), lot coverage (30%), setbacks (15-feet), and height (27-
feet) of the project would be consistent with the R-M zoning district and the STANP.
11. The Planned Development zoning district allows flexibility with regard to lot size. The
project proposes two (2) single-family residential lots, ranging from 3,551 to 4,035
square feet in net site area and a 2,424 square foot common lot in net site area. The
common lot would consist of a private road/driveway and two guest parking spaces and
would be maintained through a maintenance agreement.
12. The project proposes 6 parking spaces (4 enclosed (2x 2-car garage) and 2 uncovered
guest spaces), where 6 parking spaces (4 covered, 2 uncovered) are required.
13. The land use entitlements for the proposed Project may be approved concurrently
where approval of the Tentative Parcel Map is subject to approval of the Zoning Map
Amendment and Planned Development Permit.
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 conditions of
approval.
City Council Resolution
PLN2016-276 - Approving a Planned Development Permit - 1223 Walnut Drive
Page 3 of 4
16. The City of Campbell provided a Notice of Intent to adopt a 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 Negative
Declaration pursuant to the California Environmental Quality Act Guidelines. The 20-day
public review period began on May 25, 2016 and the public was invited to comment on
the Draft Negative Declaration in writing and/or in person at the Planning Commission
Public Hearing on June 14th and September 13th and the City Council public hearing on
October 18, 2016. No comments have been received on the draft Negative Declaration.
Based upon the foregoing findings of fact, the City Council further finds and concludes that:
18. 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.
19. The proposed development will be compatible with the General Plan of the City and will
aid in the harmonious development of the immediate area.
20. 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.
21. The proposed development will not be detrimental to the health, safety or welfare of the
neighborhood or the City as a whole.
22. There is a reasonable relationship and a rough proportionality between the Conditions
of Approval and the impacts of the project.
23. There is a reasonable relationship between the use of the fees imposed upon the
project and the type of development project.
24. 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 approves a Planned Development
Permit (PLN2016-276) for the Project located at 1223 Walnut Drive, subject to the attached
Conditions of Approval (attached Exhibit "A").
PASSED AND ADOPTED this 18~h 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
City Council Resolution
PLN2016-276 -Approving a Planned Development Permit- 1223 Walnut Drive
Page 4 of 4
APPROVED: ~~ ~- • "`~----
Ja n T. Baker, Mayor
s
i
ATTEST:
Wend/ ood, City Clerk
EXHIBIT A.
CONDITIONS OF APPROVAL
Planned Development Permit (PLN2016-276)
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-
276) to allow the construction of two (2) two-story detached single-family homes, A
Tentative Parcel Map (PLN2016-019) to create two residential lots and one common lot,
Zoning Map Amendment (PLN2016-275) to change the zoning designation from R-M
(Multi-Family Residential) to P-D (Planned Development), a Tree Removal Permit
(PLN2016-277) to allow for the removal of one protected tree, and a Negative
Declaration (PLN2016-278). The project shall substantially conform to the Revised
Project Plans & Tentative Subdivision Map dated October 7, 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. Trees: The final landscape plan shall reflect the location, species, and size (minimum
24-inch box) of the replacement tree, as required for the tree removal permit.
The incorporation of these revisions shall be subject to the satisfaction and approval of
the Community Development Director.
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 /Planned Development Permit: The Tentative Parcel Map is contingent upon
approval of the Planned Development Permit (PLN2016-276). A Tract Map may not be
recorded if the Planned Development Permit expires or is revoked by the City Council.
The Tract Map shall be recorded prior to the issuance of building or grading permits.
Exhibit A -Conditions of Approval
PLN2016-276 - 1223 Walnut Drive -Planned Development Permit
Page 2 of 5
6. 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.
7. 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.
8. 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.
9. 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.
10. Sound Attenuation: The project shall comply with the City Residential Noise Standards
(CMC 21.16.070.E).
11. Utility Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to
installation of any 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.
12. 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).
13. 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.
14. 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
Exhibit A -Conditions of Approval
PLN2016-276 - 1223 Walnut Drive -Planned Development Permit
Page 3 of 5
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).
15. 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.
16. 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
TO THE SATISFACTION OF THE BUILDING DIVISION MANAGER/BUILDING OFFICIAL:
17. 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.
18. 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.
19. CONSTRUCTION PLANS: The conditions of Approval shall be stated in full on the
cover sheet of construction plans submitted for building permit.
20. 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
PLN2016-276 - 1223 Walnut Drive -Planned Development Permit
Page 4 of 5
21. 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.
22. 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.
23. 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
24. 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.
25. 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.
26. 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
PLN2016-276 - 1223 Walnut Drive -Planned Development Permit
Page 5 of 5
27. 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.
28. 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.
29. 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.
30. 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.
31. 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.