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PC Res 4398RESOLUTION NO. 4398 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING THAT THE CITY COUNCIL APPROVE A PLANNED DEVELOPMENT PERMIT (PLN2016-257) TO ALLOW FOR FACADE IMPROVEMENTS, NEW MECHANICAL ENTRY GATES, CONVERSION OF GARPORTS TO CARPORTS (AND ADDING NEW CARPORTS), ENLARGEMENT OF EXISTING TRASH ENCLOSURES, CONVERSION OF PRIVATE PATIO AREAS TO COMMON OPEN SPACE, ALTERATIONS TO EXISTING STAIRCASES, INSTALLATION OF NEW LIGHTING FIXTURES 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 (PLN2016-257): Environmental Finding 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- 257) to allow for facade improvements, new mechanical gates and pavers at the front entry, conversion of garports to carports (and adding new carports), enlargement of trash enclosures, conversion of private patio areas to common open space, alterations to existing staircases, and installation of new lighting fixtures. 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 143 rental units and 408 onsite parking spaces. The subject permit would increase the number of parking spaces to 419. 6. The applicant is separately seeking review and approval of a Tree Removal Permit (PLN2017-200), to allow the removal of ten (10) trees. Planning Commission Resolution No. 4398 Findings Recommending Approval of a Planned Development Permit (PLN2016-257) Page 2 of 3 7. 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 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. 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: 8. 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. 9. The proposed development will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 10. 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. 11. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 12. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. 13. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 14. 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. Planning Commission Resolution No. 4398 Findings Recommending Approval of a Planned Development Permit (PLN2016-257) Page 3 of 3 THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval of a Planned Development Permit (PLN2016-257) allow for fagade improvements, new mechanical gates and pavers at the front entry, conversion of garports to carports (and adding new carports), enlargement of trash enclosures, conversion of private patio areas to common open space, alterations to existing staircases, and installation of new lighting fixtures, subject to the attached Conditions of Approval (attached Exhibit "A"). PASSED AND ADOPTED this 25th day of July, 2017, by the following roll call vote: AYES: Commissioners: Kendall, Rich, Hernandez, Reynolds, Young, Rivlin NOES: Commissioners: ABSENT: Commissioners: Dodd ABSTAIN: Commissioners: APPROVED: ' /' ~`~~~ ~ ~'~` ~// vonne Kendall, Chair ATTEST: i. Bill Bruckart, Acting Secretary EXHIBIT A RECOMMENDED CONDITIONS OF APPROVAL Planned Development Permit (PLN2016-257) 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- 257) allowing for fagade improvements, new mechanical gates and pavers at the front entry, conversion of garports to carports (and adding new carports), enlargement of trash enclosures, conversion of private patio areas to common open space, alterations to existing staircases, and installation of new lighting fixtures in conjunction with and subject to the separate approval of a Tree Removal Permit (PLN2017-200) to allow removal of protected trees on property located at 225 Union Avenue. The project shall substantially conform to the Project Plans dated May 1, 2017 except as may be modified by the Conditions of Approval herein. 2. Tree Removal Permit: The Planned Development Permit (PLN2016-257) is contingent upon the approval of the Tree Removal Permit (PLN2017-200), in part or whole, where required to allow for the removal of trees in conflict with proposed improvements. a. Independent Arborist. The applicant shall submit a deposit of $1,000.00 to the Campbell Planning Division to retain the services of an independent arborist prior to issuance of a building permit. The arborist shall advise on tree protection measures for trees to be retained during construction activities and perform a follow up inspection within six-months of the completion of construction activities reporting on the condition of the trees. The results of the report shall be shared with the Planning Commission. 3. Plan Revisions: The project plans shall be revised as required to ensure consistency with Tree Removal Permit (PLN2017-200). As such, proposed landscaping or improvements not otherwise approved for removal (if applicable) shall be revised as necessary to ensure existing trees to remain are retained. 4. Planning Final Required: Planning Division clearance is required prior to Building Permit final. 5. 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 (PLN2016-257) Page 2 of 7 6. Supersede: The subject permit serves to supersede all previous land use on the property. These entitlements, including but not limited to "S" Approval), and Planned Development Permit (PLN2016-263). and incorporated by reference, and shall rerr reconstruct buildings of a certain siz destruction by cause of natural calamity, vested rights are herein transferred and Permit except as may otherwise be Development Permit approved herein. entitlements 97-19 (Site are herein gain operative in their conveyance of a right to e, height, and placement upon involuntary or act of God or the public enemy. Further all assigned to the subject Planned Development approved and governed by the Planned 7. 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. 8. 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 9. 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. 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. 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. 13. 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. 14. 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 Recommended Conditions of Approval Planned Development Permit (PLN2016-257) Page 3 of 7 submitted to the Building Official for approval prior to issuance of the building permits, in accordance with C.B.C Appendix 1, Section 106. Please obtain City of Campbell Special Inspection forms from the Building Inspection Division Counter. 15. 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. 16. 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) 17. 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. 18. PG&E: Applicant is advised to contact Pacific Gas and Electric Company as early as possible in the approval process. Service installations, changes and/or relocations may require substantial scheduling time and can cause significant delays in the approval process. Applicant should also consult with PG&E concerning utility easements, distribution pole locations and required conductor clearances. 19. Doors: Doors at Building 1, and wherever else required, shall be noted as having a compliant opening pressure. 20. Accessible Parking Space: The accessible path of travel serving the accessible parking space located near the front entry lobby shall be located outside a drive aisle by moving the stall further west. 21. 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. Fire Department 22. Compliance: This project shall comply with the California Fire (CFC), Building (CBC) and Electrical (CEC) Code, 2013 edition, as adopted by the City of Campbell Municipal Code (CBLMC) and California Code of Regulations (CCR). 23. Fire Sprinklers Required: Due to the removal of the existing staircases, an automatic NFPA 13 fire sprinkler system shall be installed, in accordance with CFC Chapters 9 and 10. Recommended Conditions of Approval Planned Development Permit (PLN2016-257) Page 4 of 7 24. Construction Fire Safety: All construction sites must comply with applicable provisions of the CFC Campbell 33 and SCCFD Standard Detail and Specification SI-7. Provide appropriate notations on subsequent plan submittals, as appropriate to the project, in accordance with CFC Chapter 33. Public Works Department 25. Response Letter: Upon submittal of the Street Improvement Plans, Grading and Drainage Plans, and Sidewalk Easement the applicant shall provide an itemized response letter verifying that all the Public Works Conditions of Approval have been met or addressed. 26. Sidewalk Easement: The applicant shall grant a sidewalk easement on private property contiguous with the public right-of-way along the Union Avenue frontage in the vicinity of the reconstructed driveway approaches, unless otherwise approved by the City Engineer. The applicant shall cause all documents to be prepared by a registered civil engineer /licensed land surveyor, as necessary, for the City's review and recordation. 27. Grading and Drainage Plan: Prior to issuance of any grading or building permits for the site, the applicant shall conduct hydrology studies based on a ten-year storm frequency, prepare an engineered grading and drainage plan, and pay fees required to obtain necessary grading permits. Prior to occupancy, the design engineer shall provide written certification that the development has been built per the engineered grading and drainage plans. In addition, a plan review letter will be required of the Geotechnical engineer for the entire grading and drainage system which should include but is not limited to a review of the subsurface of the non-compacted biotreatment material that may have potential for subsurface failure and surface failure due to vehicle loads. 28. Drainage System: Prior to occupancy clearance, the applicant shall refurbish, remodel, and reconstruct the on-site drainage system, as necessary, to demonstrate that the facilities are functioning normally in accordance with the requirements of the City. In addition, the applicant shall retrofit all existing on-site storm drain catchbasins with trash capture inserts. These trash inserts shall be regularly cleaned and maintained to ensure trash is kept out of the storm drain system. 29. State General Construction Activity Permit: Prior to issuance of any grading or building permits, the applicant shall comply with the State General Construction Activity Permit requirements including paying fees, filing a Notice of Intent and providing a Storm Water Pollution Prevention Plan (SWPPP). The applicant shall provide the City with a copy of the filed Notice of Intent and SWPPP. 30. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination Recommended Conditions of Approval Planned Development Permit (PLN2016-257) Page 5 of 7 System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding stormwater pollution prevention. Specifically the project must include source control, site design and treatment measures to achieve compliance with Provision C.3. of the NPDES Permit. Measures may include, but are not limited to, minimization of impervious surface area, vegetated swales, infiltration areas, and treatment devices. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay. Resources to achieve these objectives include stormwater Best Management Practices Handbook for New Development and Redevelopment ("CA BMP Handbook") by the California stormwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for stormwater Quality Protection ("Start at the Source") by the Bay Area stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for stormwater Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. Upon submission of the preliminary site/grading plans, the applicant shall calculate and submit to the City the amount of impervious surface created by the development including the types of stormwater controls to be used. The applicant shall submit preliminary sizing and design showing stormwater controls meet the City's requirements. Prior to issuance of any grading or building permits: a. The applicant's designer or engineer shall submit the required certification indicating that sizing, selection, and design of treatment BMP's for the project site has been completed to meet the requirements of the City of Campbell's NPDES permit, No. 01-119, Provision C.3. b. The applicant shall sign the "Covenants for the Operation and Maintenance of stormwater Facilities" and submit a stormwater Management Plan. Prior to occupancy: a. A qualified BMP certifier is required to inspect the stormwater management facilities, submit a complete set of as-built drawings to Public Works Engineering, and certify on these drawings that: 1. The stormwater management facilities were constructed in compliance with the approved plans. 2. The as-built drawings show all pertinent constructed dimensions, elevations, shapes, and materials. 3. All variations in construction from the approved design plan have been identified, including omissions to and additions from the approved plan. 4. Any changes are in conformance with local, state, or federal regulations. 31. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. The plan shall clearly show the location Recommended Conditions of Approval Planned Development Permit (PLN2016-257) Page6of7 and size of all existing utilities and the associated main lines; indicate which utilities and services are to remain; which utilities and services are to be abandoned, and where new utilities and services will be installed. Joint trenches for new utilities shall be used whenever possible. 32. Pavement Restoration: Based on the utility coordination plan, the applicant shall prepare a pavement restoration plan for approval by the City Engineer prior to any utility installation or abandonment. The pavement restoration plan shall indicate how the street pavement shall be restored following the installation or abandonment of all utilities necessary for the project. 33. Street Improvement Agreements /Plans /Encroachment Permit /Fees /Deposits: Prior to issuance of any grading or building permits, the applicant shall execute a street improvement agreement, cause plans for public street improvements to be prepared by a registered civil engineer, pay various fees and deposits, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City Engineer. The plans shall include the following, unless otherwise approved by the City Engineer: a. Show location of all existing utilities within the new and existing public right of way. b. Removal of existing driveway approaches and necessary sidewalk, curb and gutter. c. Removal of existing sidewalk adjacent to empty back of walk tree cut-out. d. Installation of accessible compliant driveway approaches on Union Avenue and necessary sidewalk, curb and gutter. e. Construction of conforms to existing public and private improvements, as necessary. f. Submit final plans in a digital format acceptable to the City. 34. Street Improvements Completed for Occupancy and Building Permit Final: Prior to allowing occupancy and/or final building permit signoff for any and/or all buildings, the applicant shall have the required street improvements installed and accepted by the City, and the design engineer shall submit as-built drawings to the City. 35. Maintenance of Landscaping: Owner(s), current and future, are required to maintain the landscaped park strip and tree wells in the public right of way. This includes, but is not limited to: trees, lawn, plantings, irrigation, etc. Trees shall not be pruned in a manner that would not allow the tree to grow to a mature height. 36. Utility Encroachment Permit: Separate encroachment permits for the installation of utilities to serve the development will be required (including water, sewer, gas, electric, etc.). Applicant shall apply for and pay all necessary fees for utility permits for sanitary sewer, gas, water, electric and all other utility work. Recommended Conditions of Approval Planned Development Permit (PLN2016-257) Page 7 of 7 37. Additional Street Improvements: Should it be discovered after the approval process that new utility main lines, extra utility work or other work is required to service the development, and should those facilities or other work affect any public improvements, the City may add conditions to the development/project/permit, at the discretion of the City Engineer, to restore pavement or other public improvements to the satisfaction of the City. 38. Entry Gate: If determined necessary by the Director of Public Works, the gate may be required to be left open to ensure cars trying to enter the community do not overhang the sidewalk or impede the flow of traffic on Union Avenue. Further, the City may collect fees to cover the costs of any staff time required to monitor, enforce, or establish operational hours for the gate. The fee(s) collected shall be based on the hourly rate(s) of the employee(s) performing such work (e.g. City Traffic Engineer at $199.57 per hour) provided that the total amount collected shall not exceed one-thousand ($1,000.00) dollars.