PC Res 4680RESOLUTION NO. 4680 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL GRANTING APPROVAL OF A SITE AND
ARCHITECTURAL REVIEW PERMIT (PLN-2022-110) TO ALLOW FOR MATERIAL CHANGES TO EXISTING BALCONIES AND TO UPGRADE EXISTING TRASH ENCLOSURES ON PROPERTY LOCATED AT 535 WEST HACIENDA AVENUE IN THE R-3 (MULTIPLE-FAMILY
RESIDENTIAL) ZONING DISTRICT.
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 did find as follows with regard to application PLN-2022-110:
1. The project site is zoned R-3 (Multiple-Family Residential) and designated High Density
Residential by the General Plan.
2. The project site is approximately 5.6 acres located along West Hacienda Avenue.
3. The project site is developed with six apartment buildings (with up to 198 residential
rental units) and associated car ports and landscaping.
4. The project site is surrounded by residential uses towards the east, west, and south of the property, and percolation ponds to the north.
5. The applicant is requesting approval of a Site and Architectural Review Permit to allow for exterior material changes including material changes to existing balconies, building
wall materials within the confines of the balcony, and upgrades to existing trash enclosures.
6. The existing balcony material consist of a stucco and wood railings with a blue canvas awning and accompanying underlying frame. The existing wall material is stucco. The
existing trash enclosures are faced with a stucco exterior and dark metal doors.
7. All existing 201 balconies are proposed to be removed and replaced with a pre-fabricated system as there is evidence of dry rot in the existing balconies.
8. The existing balconies along West Hacienda Drive do not satisfy current front setback requirements of 20-feet. However, the existing balconies were allowed and approved in
a previous planning entitlement (file no. ZC68-08). Pursuant to Section 21.58.050(G) of
the Campbell Municipal Code, the reconstruction of the balconies is required to comply with Senate Bill 721 (2017 – 2018 legislative session).
9. The applicant is also proposing to update the wall sconce lighting which serves the balconies. The proposed LED lighting complies with the lighting standards of the
Campbell Municipal Code.
10. The proposed exterior materials for the balconies, as referenced on the approved project plans, consist of perforated metal railing panels and a horizontal wood plank wall. The proposed exterior wall material within the balconies is a metal panel.
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11. The trash enclosures will be upgraded to include roof coverings, drains to the sanitary sewer, and containers for organic waste as required by Senate Bill 1383 (2015 – 2016 legislative session). Certain trash enclosures will include provisions for a sump pump to ensure adequate drainage. The proposed materials for the trash enclosures include
corrugated metal roofs and support posts painted a bronze color.
12. While the City does not have adopted design guidelines for High Density Residential uses, the General Plan has policies and strategies requiring high quality and attractive building design that are applicable to this application:
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.
Policy LUT-9.3: Design and Planning Compatibility: Promote high quality, creative design and site
planning that is compatible with surrounding development, public spaces and natural resources.
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.
13. In review of the Proposed Project, the Planning Commission considered traffic safety, traffic congestion, site circulation, adequacy of landscaping, and the appropriateness of proposed structures and site layout, pursuant to Campbell Municipal Code Sec.
21.42.040 (Considerations in review of applications).
14. In review of the proposed project, the Planning Commission also weighed the public need for, and the benefit to be derived from, the project, against any impacts it may cause.
15. 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.
16. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project.
17. In review the proposed project, the Planning Commission also weighed the public need
for, and the benefit to be derived from, the project, against any impacts it may cause.
18. 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 Planning Commission further finds and
concludes that:
Site and Architectural Review Permit Finding (CMC Sec. 21.42.060.B):
1. The project will be consistent with the general plan;
2. The project will aid in the harmonious development of the immediate area;
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3. The project is consistent with applicable adopted design guidelines, development agreement, overlay district, area plan, neighborhood plan, and specific plan(s);
Environmental Finding(s) (CMC Sec. 21.38.050):
4. The project is Categorically Exempt under Section 15301 (Class 1) of the California
Environmental Quality Act (CEQA), pertaining to the operation and leasing, and minor
alteration of an existing private structure.
5. 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.
THEREFORE, BE IT RESOLVED that the Planning Commission grants approval of a Site and Architectural Review (PLN-2022-110) to allow material changes to existing balconies and to upgrade existing trash enclosures on property located at 535 West Hacienda Avenue, subject to the attached Conditions of Approval (attached Exhibit A).
PASSED AND ADOPTED this 13th day of June, 2023, by the following roll call vote:
AYES: Commissioners: Fields, Ching, Ostrowski, Buchbinder, Zisser, Kamkar, Krey
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
APPROVED:
Adam Buchbinder, Chair
ATTEST:
Rob Eastwood, Secretary
EXHIBIT A
CONDITIONS OF APPROVAL Site and Architectural Review (PLN-2022-110)
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 Site and Architectural Review Permit (PLN-2022-110) to allow a change in exterior materials to existing balconies and to upgrade existing trash enclosures on property located at 535 W. Hacienda Avenue. The project shall substantially conform to the Project Plans included as Attachment C in the June
13, 2023 Planning Commission Staff Report, except as may be modified by the Conditions of Approval contained herein.
2. Permit Approval Expiration: The Site and Architectural Review Permit approved herein ("Approval") shall be valid for one (1) year from the effective date of Planning
Commission approval (expiring June 13, 2024). Within this one-year period a Building
Permit for the project must be issued pursuant to CMC Sec. 21.56.030.B.1. Failure to meet this deadline or expiration of an issued Building Permit shall result in the Approval being rendered void. Once established, this Approval shall be valid in perpetuity on the Project Site, subject to continued operation of the use. Discontinuation of the use for a
continuous period of twelve months shall void the Approval upon an affirmative
determination by the Planning Commission in a public hearing that the use has been discontinued.
3. Planning Final Required: Planning Division clearance is required prior to Building Permit final. Construction not in substantial compliance with the approved project plans shall not
be approved without prior authorization of the necessary approving body.
4. Timely Completion: Once under construction it shall be the obligation of the property owner and contractor to demonstrate continued progress on the project. In the event the building permit expires, the City may impose fines or exercise administrative remedies to compel timely completion of work.
5. Plan Revisions: The building permit drawings for the project shall include the removal of
the unpermitted structures or the inclusion of the unpermitted structures for legalization.
6. Recycling and Refuse Operations: The property owner and/or property management company shall perform the following:
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a. Actively monitor all trash enclosures are kept clean and clear of loose refuse and recyclables. Should loose refuse and recyclables be present, the property owner and/or property management company shall dispose of it within a timely manner.
b. Ensure all refuse and recyclables are properly placed within the appropriate containers.
c. Actively monitor the capacity of all containers. If the containers are reaching full capacity, the property owner and/or property management company shall ensure container contents are redistributed into appropriate containers to
reduce capacity, redistribute appropriate containers to the trash enclosure reaching capacity, or similar trash management procedures to ensure container overflow will not occur.
d. At the discretion of the Community Development Director, if three (3) verifiable complaints related to violations of conditions of approval and/or related to the
recycling and refuse operations within a twelve (12) month period, a public hearing may be scheduled to consider modifying conditions of approval or requiring a modification to the Site and Architectural Review permit to remedy the issue.
7. Unpermitted Structures: Building permits for the unpermitted accessory structures must
be obtained prior to Planning Division clearance for the Building Permit final. If building permits cannot be issued for the unpermitted structures due to municipal code noncompliance, then the unpermitted structures must be removed prior to Planning Division clearance for the Building Permit final.
8. Construction Facilities: Construction related facilities (including, but not limited to
portable restrooms, sinks, storage) shall be removed prior to Planning Division clearance for the Building Permit final.
9. Trash Disposal and Clean-Up: All trash disposal, normal clean-up, carpet cleaning, window cleaning, sidewalk sweeping, etc. shall be limited to the hours of 6 AM to 10 PM. Refuse and recycling receptacles shall be kept within the enclosure except during
collection in compliance with Chapter 6.04 of the Campbell Municipal Code.
10. Smoking: "No Smoking" signs shall be posted on the premises in compliance with CMC Section 6.11.060.
11. Lighting: On-site lighting shall be shielded away from adjacent properties and directed on-site. The final design and type of lighting fixtures and lighting intensity of any proposed exterior lighting for the project shall be reviewed and approved by the Community Development Director for compliance with the City of Campbell Lighting Design Standards (CMC Sec. 21.18.090).
12. Property Maintenance: The owner/operator of the subject property shall maintain all
exterior areas of the business free from graffiti, trash, rubbish, posters and stickers placed on the property. Exterior areas of the business shall include not only the parking lot and private landscape areas, but also include the public right-of-way adjacent to the business.
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13. Landscape Maintenance: All landscaped areas shall be continuously maintained in accordance with City Landscaping Requirements (CMC 21.26). Landscaped areas shall be watered on a regular basis so as to maintain healthy plants. Landscaped areas shall be kept free of weeds, trash, and litter. Dead or unhealthy plants shall be replaced with
healthy plants of the same or similar type.
14. Parking and Driveways: All parking and driveway areas shall be maintained in compliance with the standards in Chapter 21.28 (Parking & Loading) of the Campbell Municipal Code. Parking spaces shall be free of debris or other obstructions.
15. Construction Activities: The applicant shall abide by the following requirements during
construction:
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 building permits.
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.
f. Use standard dust and erosion control measures that comply with the adopted Best Management Practices for the City of Campbell.
BUILDING DIVISION
16. Permit Required: A Building Permit application shall be required for the proposed project.
The Building Permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit.
17. Conditions of Approval: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit.
18. Construction Fencing: The area of work shall be properly enclosed with construction
fencing to prevent unauthorized access during construction. The area of work 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 in compliance with the Standards for Tree Protection During Construction.
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PUBLIC WORKS DEPARTMENT
19. General Notes: The scope of this project triggers the requirement for Frontage Improvements as required by Campbell Municipal Code 11.24.040. The San Tomas Area Neighborhood Plan has identified the section of project frontages along W Hacienda
Avenue and Capri Drive to have full improvements, curb, gutter and sidewalk. The
existing driveway along Capri Drive project frontage is non-ADA compliant. The applicant will be required to remove and replace this existing driveway with ADA compliant driveway.
20. Construction Drawings: The applicant shall submit the following permit applications prior to, or concurrent with the main Building permit application:
a. Encroachment Permit for Street Improvement Plans: The frontage improvements for the project shall be shown on a separate street improvement plan as detailed here: https://www.campbellca.gov/187/Street-Improvements.
21. 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. 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.
22. Plans / Encroachment Permit / Fees / Deposits: Prior to issuance of any grading or building permits for the site, the applicant shall 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 approach and necessary sidewalk, curb and gutter, and construction of ADA compliant driveway and necessary sidewalk, curb and gutter along Capri Drive project frontage.
c. Construction of conforms to existing public and private improvements, as
necessary.
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d. There are 2 existing water meter at the driveway wing, these utilities shall be adjusted grade or relocated outside the driveway wing with the construction of new driveway.
e. Since this is a shared driveway, the applicant shall notify all the driveway users
of the driveway reconstruction along Capri Drive project frontage.
23. 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.
24. Trash Enclosure Requirements:
a. NPDES Permit No. CAS612008 (CRWQCB): C.3.a.i. (7): For all new development and redevelopment projects that are subject to the Permittee’s planning, building, development, or other comparable review, but not regulated by Provision C.3, encourage the inclusion of adequate source control measures to limit pollutant
generation, discharge, and runoff. These source control measures should include:
i. Covered trash, food waste, and compactor enclosures.
b. Campbell Municipal Code 14.02.030 "Stormwater Pollution Control / Requirements". The code states that no pollutants or water containing pollutants can be discharged into the City's storm drain system. Trash enclosures contain
pollutants. During a rain event (or during general cleaning) water washes over and into roofless enclosures, collecting pollutants and discharging to the City's storm drain system. Applicants are required to show how new trash enclosures will not discharge pollutants into the storm drain system. One possible method is to provide a sanitary drain in the trash enclosure.
c. West Valley Sanitation District (WVSD), the local sanitary sewer agency, will require a roof on the enclosure if the trash enclosure drain connects to their sanitary sewer system.
FIRE DEPARTMENT
25. Trash enclosure: Trash enclosure will need to comply with 2022 CFC section 304. If trash size exceeds 1.5 cubic yards then either a sprinkler system is required or the enclosure will need to be type IA or IIA construction.
Resol 4680 ~ 535 W Hacienda (SA) (1)
Final Audit Report 2023-06-15
Created:2023-06-14
By:Ken Ramirez (kenr@campbellca.gov)
Status:Signed
Transaction ID:CBJCHBCAABAA7xUOmqQisAv0_ji7SOEMIVm3SIHzaHO7
"Resol 4680 ~ 535 W Hacienda (SA) (1)" History
Document created by Ken Ramirez (kenr@campbellca.gov)
2023-06-14 - 8:41:13 PM GMT
Document emailed to Rob Eastwood (robe@campbellca.gov) for signature
2023-06-14 - 8:43:06 PM GMT
Email viewed by Rob Eastwood (robe@campbellca.gov)
2023-06-15 - 9:35:51 PM GMT
Document e-signed by Rob Eastwood (robe@campbellca.gov)
Signature Date: 2023-06-15 - 9:36:37 PM GMT - Time Source: server
Document emailed to abuchbinder@google.com for signature
2023-06-15 - 9:36:39 PM GMT
Email viewed by abuchbinder@google.com
2023-06-15 - 11:04:30 PM GMT
Signer abuchbinder@google.com entered name at signing as Adam Buchbinder
2023-06-15 - 11:05:09 PM GMT
Document e-signed by Adam Buchbinder (abuchbinder@google.com)
Signature Date: 2023-06-15 - 11:05:11 PM GMT - Time Source: server
Agreement completed.
2023-06-15 - 11:05:11 PM GMT