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CC Resolution 12907 - Major Planned Development Modification PermitRESOLUTION NO. 12907 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A MAJOR PLANNED DEVELOPMENT MODIFICATION PERMIT AND EXTENTION OF APPROVAL FOR THE TENTATIVE .MAP (PLN-2022713) TO ALLOW FOR REVISIONS TO THE ARCHITECTURAL DESIGN AND CHANGES IN FLOOR AREA OF A PREVIOUSLY APPROVED PLANNED DEVELOPMENT PERMIT FOR A SIX -LOT SINGLE-FAMILY HOUSE SUBDIVISION AND TO EXTEND THE APPROVAL OF THE PREVIOUSLY APPROVED TENTATIVE MAP ON PROPERTY LOCATED AT 1429 & 1445 WESTMONT 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 file number PLN-2022-13: 1. The project site is zoned P-D (Planned Development) on the City of Campbell Zoning Map. 2. The project site is designated Low Density Residential (<6 units/gr. acre) on the City of Campbell General Plan Land Use diagram. 3. The project site is an approximately 54,804 square -foot parcel located generally at the intersection of Westmont Avenue and Harriet Avenue. 4. The proposed project consists of a Major Planned Development Permit Modification and Extension of Approval (PLN-2022-13) to allow for revisions to the architectural design and changes in `floor area of a previously approved Planned Development Permit for a 6-lot single-family house subdivision and to extend the approval of a previously approved tentative map. 5. The proposed project is in compliance with the established minimum setback and maximum height requirements of the San Tomas Area Neighborhood Plan. 6. The proposed project will result in a Floor Area Ratio (FAR) ranging from 44.3 to 44.9%, where a maximum of 0.45 FAR is allowed in the San Tomas Area Neighborhood Plan. 7. The proposed project will result in lot coverages ranging from 28.3 to 31.1 %, where a maximum of 40% lot coverage is allowed in the San Tomas Area Neighborhood Plan. 8. The proposed project will provide two covered parking spaces in an attached garage for each unit for a total of 12 parking spaces, and 12 surface guest parking spaces, satisfying the applicable parking requirement of 24 parking spaces. City Council Resolution No. Page 2 of 3 PLN-2022-13 — 1429 & 1445 Westmont Ave — Major Planned Development Permit Modification and Extension of Approval 9. The proposed project will be compatible with the P-D (Planned Development) Zoning District with approval of a Major Planned Development Modification Permit. 10.The project is compatible with the architecture of the adjacent neighborhood in that the project incorporates representative architectural features and complimentary materials of surrounding homes including the hipped roof forms, wood siding, and use of stucco. 11. The proposal is consistent with the Considerations in Review of Applications (CIVIC Section 21.12.030) subject to Major Planned Development Permit Modification and Extension of Approval. 12. No substantial evidence has been presented which shows that the project, as currently presented and subject to the required Conditions of Approval, will have. a significant adverse impact on the environment. Based upon the -foregoing findings of fact the City Council further finds and concludes that: Maior Planned Development Permit Findings (CIVIC Section 21.42.020): 1. The proposed development of uses clearly would result in a more desirable environment and use of land than would be possible under any other zoning district classification; .2. The proposed development would be compatible with the General Plan and will aid in the harmonious development of the immediate area; 3. 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; 4. The proposed development would not be detrimental to the health, safety or welfare of the neighborhood or of the city as a whole. Extension of Approval Permit Findings (CIVIC Section 21.56.030): 5. The permittee has the burden of proof to establish, with substantial evidence that the applicant has made a good faith effort to fulfill all the requirements of the permit approval, the justification for extension of the permit. Environmental Finding(s) (CIVIC Section 21.38/050): 6. This project is Categorically Exempt per Section 15332, Class 32 of the California Environmental Quality Act (CEQA), pertaining to in -fill development projects. 7. No substantial evidence has been presented which 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 No. Page 3 of 3 PLN-2022-13 — 1429 & 1445 Westmont Ave — Major Planned Development Permit Modification and Extension of Approval THEREFORE, BE IT RESOLVED that the City Council approve a Major Planned Development Permit Modification (PLN-2022-13) to allow revisions to the architectural design and changes in floor area of a previously approved Planned Development Permit for a 6-lot single-family subdivision and to extend the approval of the previously approved tentative parcel map on property located at 1429 & 1445 Westmont Avenue, subject to the attached Conditions of Approval (attached Exhibit "A"). PASSED AND ADOPTED this 15t" of November, 2022, by the following roll call vote: AYES: COUNCILMEMBERS: Gibbons, Lopez, Landry, Bybee, Resnikoff NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None APPROVED: Paul Resnikoff, Mayor ATTEST: Andrea S r0lers, City Clerk CONDITIONS OF APPROVAL Major Planned Development Permit Modification & Extension of Approval (PLN- 2022-13) 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 Major Planned Development Modification Permit and Extension of Approval (PLN-2022-13) to allow for revisions to the architectural design and changes in floor area of a previously approved Planned Development Permit for a 6-lot single-family house subdivision and to extend the approval of the previously approved tentative map, on property located at 1429 & 1445 Westmont Avenue. The project shall substantially conform to the Project Plans, included as Attachment 2 in the Planning Commission Staff Report dated October 11, 2022, except as may be modified by conditions of approval contained herein. 2. Permit Expiration: a. Major Planned Development Modification Permit: The Major Planned Development Modification Permit approval shall be valid through February 1, 2025. Within this period, a -Building Permit must be obtained. Failure to meet this deadline or expiration of an issued .building permit will result in the Major Planned Development Modification Permit being rendered void. b. Extension of Approval: The Extension of Approval shall be valid through February 1, 2025. Within this period, the Tract Map ("final map") must be approved by the City Council and recorded with the Santa Clara County Clerk - Recorder. Failure to meet this deadline will result in the Approval being rendered void. 3. Previous Entitlements: Upon the effective date of this Approval, the previously approved Entitlements (Tentative Map and Tree Removal Permit) provided in PLN2018-236 and PLN2018-239, (CC Resolution No. 12463 and 12464) shall remain in full force and effect, except as noted by Condition of Approval No. 2. (Permit Expiration). 4. Conditions of Approval Superseded: The Conditions of Approval for the previously granted Planned Development Permit (PLN2018-215; CC Resolution No. 12462) shall be superseded by this entitlement (PLN-2022-13). Exhibit A - Conditions of Approval Page 2 of 3 PLN-2022-13 — 1429 & 1445 Westmont Ave — Major Planned Development Permit Modification & Extension of Approval 5. Rough Framing and Planning Final Required: Planning Division clearance is required prior to rough framing and final Building Permit clearance. Construction not in substantial compliance with the approved project plans shall not be approved without prior authorization of the necessary approving body. 6. Minor Modifications: Minor Modifications to the approved project plans are subject to review and approval by the Community Development Director. Minor modifications include alterations in floor area of no more than 50 square feet on the first floor (except for PD permits where additional floor area is considered a major modification), alterations to second story windows that are not oriented toward neighboring yards and result in an increase in window area of no more than one square foot and horizontal relocation of no more than one foot from the approved window location, and minor alterations to facade material. All other modifications are subject to review at a public hearing. 7. Plan Revisions: Upon prior approval by the Community Development Director, all Minor Modifications to the approved project plans shall be included in the construction drawings submitted for Building Permit. Any modifications to the Building plan set during construction shall require submittal of a Building Permit Revision and approval by the Building Official prior to Final Inspection. 8. Fences/Walls: Except as noted below, any newly proposed fencing and/or walls shall comply with Campbell Municipal Code Section 21.18.060 and shall be submitted for review and approval by the Community Development Department. 9. 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. 10. Water Efficient Landscape Standards: As a remodel/addition/rehabilitation project with a total project landscape area equal to or less than 2,500 square feet, this project is subject to the landscaping and irrigation standards in Chapter 21.26 of the Campbell Municipal Code. The Building Permit application submittal shall include compliant Planting and Irrigation Plans and shall include the following: a. A completed Landscape Information Form. b. A note on the Cover Sheet in minimum 1/2" high lettering stating "Planning Final Required. The new landscaping indicated on the plans must be installed prior to final inspection. Changes to the landscaping plan require Planning approval." Note: If the project landscape area increases during the course of the project, additional requirements will apply. 11. Construction Activities: The applicant shall abide by the following requirements during construction: Exhibit A - Conditions of Approval Page 3 of 3 PLN-2022-13 — 1429 & 1445 Westmont Ave — Major Planned Development Permit Modification & Extension of Approval a. 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 a Building Permit. b. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00 p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take place on Sundays or holidays unless an exception is granted by the Building Official. c. All construction equipment with internal combustion engines used on the project site shall be properly muffled and maintained in good working condition. d. Unnecessary idling of internal combustion engines shall be strictly prohibited. e. All stationary noise -generating construction equipment, such as air compressors and portable power generators, shall be located as far as possible from noise -sensitive receptors such as existing residences and businesses. Use standard dust and erosion control measures that comply with the adopted Best Management Practices for the City of Campbell. Public Works: The scope of this project triggers the requirement for Frontage Improvements as required by Campbell Municipal Code 11.24.040. Per the San Tomas Area Neighborhood Plan, this section of Westmont Avenue has been designated for new curb, gutter, sidewalk and park strip. Because this is a private street, the driveway is subject to a multi -family driveway. The applicant is subject to all public improvements called out in these conditions. 12. Preliminary Grading and Utility Plans: The preliminary grading and utility plans shall be subject to modifications durinq the review of the construction documents and will be required to modify the various items as follows: a. The applicant shall be required to modify the existing catch basin where the new driveway approach has been proposed. The modification to the existing catch basin shall be per the Detail SD-5 "Adaptation for Existing Catch Basin in New Driveway' detail by the City of Santa Clara. The current proposal to convert the catch basin to an inlet is not permitted. b. The proposed lateral storm drain connection shall be directly connected to the storm drain main on Westmont Avenue. The applicant shall show the existing storm drain main on Westmont, include relevant information in the construction plans to connect directly to the main with a SD manhole. The applicant may be required to extend the storm drain main if necessary to the project site longitudinally. c. All private 6" storm drain laterals from the biotreatment areas connecting to the 12" SD shall meet the minimum materials and construction requirements as if these were in the public right of way. d. Storm sump w/pump will be subject to review during the construction review process. A backflow valve may be required downstream from the pump. Exhibit A - Conditions of Approval Page 4 of 3 PLN-2022-13 — 1429 & 1445 Westmont Ave — Major Planned Development Permit Modification & Extension of Approval Given the critical nature of the pump, two pumps will be required for redundancy. Applicant will also be required to provide an alert system that notifies the HOA in the event of a pump malfunction. Maintenance of the storm drain lateral from the sump pump to the new manhole in Westmont Avenue shall be the responsibility of the HOA. e. All maintenance and replacement work for the storm drain lateral connection to the main shall be the responsibility of the homeowner (HOA). This shall be incorporated in the CC&R's. f. Joint Trench shall be installed within the required Public Service Easement outside of the sidewalk area along the Westmont Avenue frontage (along Lot 1 and portions of the common area fronting Westmont Avenue). g. The proposed joint trench along the proposed lot frontages shall be located either with in the common area or the applicant shall provide an easement for the proposed joint trench along the lot frontages. The proposed joint trench crossing property lines without an easement is not permitted. h. Where the existing retaining wall ends on the easterly boundary, the applicant will be required to extend the retaining wall to end at least 5 feet past the proposed sump pump area. i. The applicant will be required to design the building plans so that there is a closed roof drain system i.e. downspouts shall be connected and sent to the biotreatment. 13. Construction Drawings: The applicant shall submit the required Tract Map, Street Improvement Plans, and Grading and Drainage Plans directly to the Public Works Department prior to, or concurrent with the Building permit application. Said application shall include the following: a. Response Letter: Upon submittal of the required plans, the applicant shall provide an itemized response letter verifying that all the Public Works Conditions of Approval have been met or addressed. b. Submittal Requirements: The checklist for the various plans required for submittal can be found on the City's Website at City Services► Public Works► Engineering► Land Development► Documents, (or use this link: http://www.cityofcampbell.com/206/Documents). See instructions on: i. Checklist for Tract Map ii. Checklist for Grading and Drainage iii. Checklist for Street Improvement Plans iv. Vacation of Right of Way Requirements 14. Vacation of Public Street and Easements: Prior to recordation of the Final Map, the applicant shall fully complete the street vacation process. The applicant shall submit a vacation of excess right-of-way application for approval by the City Engineer, pay the current application processing fee, process the application with City staffs comments and fully complete the street vacation. Exhibit A - Conditions of Approval Page 5 of 3 PLN-2022-13 — 1429 & 1445 Westmont Ave — Major Planned Development Permit Modification & Extension of Approval 15. Final Map: Prior to issuance of any grading or building permits for the project, the applicant shall submit a Final Map for review by the City and recordation, upon approval by the City Council, pay various fees/deposits and submit the map in a digital format acceptable to the City. 16. Covenants, Conditions, and Restrictions: Provide copies of CC&Rs for review by the City prior to recordation of the Final Map and CC&Rs. Maintenance of the stormwater treatment facilities shall be part of the CC&Rs. All biotreatment facilities located on individual private properties proposed on the preliminary Stormwater Management Plan shall be the responsibility of the HOA to maintain. These biotreatment areas shall not be maintained by each of the homeowners. 17. Preliminary Title Report: Upon submittal of the Final Map, the applicant shall provide a current (within the past 3 months) Preliminary Title Report. 18. Public Service Easement: Upon recordation of the Final Map, the applicant shall grant a public service easement on private property contiguous with the public right- of-way and within Lot 1 and the common area fronting Westmont Avenue, unless otherwise approved by the City Engineer. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 19. Private Easements: Upon recordation of the Final Map, the applicant shall cause private easements to be recorded for private utilities, private storm drains, reciprocal ingress and egress, emergency vehicles, etc. 20. Monumentation for Final Map: Prior to recordation of the Final Map, the applicant shall provide a cash deposit for setting all monuments shown on the map. Monuments shall be set per section 20.76.010 of the Campbell Municipal Code including but not limited to setting permanent pipe monuments (three -fourths inch galvanized steel pipe two feet long approximately six inches below finished grade) at each boundary of all lot corners within a subdivision, along the exterior boundary lines at intervals of approximately five hundred feet and at all beginning of curves and ending of curves on property lines, and monument boxes at intersections of all street monument line tangents. 21. Demolition: Prior to recording of the Final Map the applicant shall obtain a demolition permit and remove any nonconforming structures. 22. Soils Report: Upon submittal of the Final Map, applicant shall provide a soils report prepared by a registered geotechnical or civil engineer. 23. Grading and Drainage Plan: Prior to recordation of the Final Map, 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. Exhibit A - Conditions of Approval Page 6 of 3 PLN-2022-13 — 1429 & 1445 Westmont Ave — Major Planned Development Permit Modification & Extension of Approval 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. 24. Storm Drain Area Fee: Prior to recordation of the Final Map, the applicant shall pay the required Storm Drain Area fee, currently set at $2,120.00 per net acre, which is $2661.00. 25. NOI — Notice of Intent: NPDES General Construction Permit: Prior to issuance of any grading or building permits, the applicant shall comply with the NPDES General Construction 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. This applies to all projects which disturb a land area of one acre or more. Disturbance includes grading, filling, grubbing, clearing, vegetation removal, building, demolition etc. 26. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination 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 tentative Final Map and preliminary 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 and recordation of the Final Map: 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 Exhibit A - Conditions of Approval Page 7 of 3 PLN-2022-13 — 1429 & 1445 Westmont Ave — Major Planned Development Permit Modification & Extension of Approval 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. 27. Utilities: All on -site utilities shall be installed underground per Section 21.18.140 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan. submittals, permitting, and fee requirements of the serving utility companies. Utility locations shall not cause damage to any existing street trees. Where there are utility conflicts due to established tree roots or where a new tree will be installed, alternate locations for utilities shall be explored. Include utility trench details where necessary. 28. Undergrounding Street Frontage Utilities: All overhead utility lines along the project's public street frontages shall be installed underground per Section 21.18.140 of the Campbell Municipal Code. Applicant shall comply with all utility applications, plan submittals, permitting, and fee requirements of the serving utility companies. 29. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer cleanout(s) shall be relocated or installed on private property behind the public right-of-way line. 30. 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 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. 31. Pavement Restoration: The applicant shall restore the pavement in compliance with City standard requirements. In the event that the roadway has recently received a Exhibit A - Conditions of Approval Page 8 of 3 PLN-2022-13 — 1429 & 1445 Westmont Ave — Major Planned Development Permit Modification & Extension of Approval pavement treatment or reconstruction, the project will be subject to the City's Street Cut Moratorium. The applicant will be required to perform enhanced pavement restoration consistent with the restoration requirements associated with the Street Cut Moratorium. The City's Pavement Maintenance Program website (https://www.ci.campbell.ca.us/219) has detailed information on the streets currently under moratorium and the enhanced restoration requirements. 32. Street Improvement Agreements / Plans / Encroachment Permit / Fees / Deposits: Prior to recordation of the Final Map, 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. Relocation of all existing utilities including utility boxes, covers, poles, etc. outside of sidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk area. c. Removal of existing driveway approaches and necessary sidewalk, curb and gutter. d. Removal and replacement of any damaged sidewalk, curb and gutter, street trees shall be at the discretion of the Public Works Inspector prior all public works final sign off. e. Removal of existing street section to centerline, as required by the City Engineer. f. Installation of City approved street trees and irrigation at 30 feet on center. g. Installation of City standard curb, gutter, park strip, sidewalk and ADA compliant multi -family driveway approach along the entire frontage of Westmont Avenue. Public improvements shall conform to the recent project development for 1411 and 1421 Westmont Avenue per Encroachment Permit No. 2014-00053. h. Installation of no mow (fine fescue and hair grass Deschampsia) turf in the park strip. i. Installation of engineered structural pavement section to centerline, as required by the City Engineer. j. Installation of asphalt concrete overlay per street pavement restoration plan for utility installation and/or abandonment, as required by the City Engineer. See requirements on City's Street Cut Moratorium. k. Installation of one Caltrans Type 15 LED -streetlight at the most westerly boundary, including conduits, conductors and related facilities in accordance with the City of Campbell's Street Lighting Policies. I. Installation of traffic control, stripes and signs. Exhibit A - Conditions of Approval Page 9 of 3 PLN-2022-13 — 1429 & 1445 Westmont Ave — Major Planned Development Permit Modification & Extension of Approval m. Construction of conforms to existing public and private improvements, as necessary. n. Submit final plans in a digital format acceptable to the City. 33. 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 and pavement restoration installed and accepted by the City, and the design engineer shall submit as -built drawings to the City. 34. 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. 35. 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. 36.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.