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CC Ordinance 2304 - Approving Planned Development Permit for 44 and 56 Sunnyside Ave. ORDINANCE NO. 2304 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A PLANNED DEVELOPMENT PERMIT TO ALLOW CONSTRUCTION OF SIX (6) DETACHED SMALL-LOT SINGLE-FAMILY DWELLINGS IN ASSOCIATION WITH A RESIDENTIAL SUBDIVISION FOR PROPERTY LOCATED AT 44 AND 56 SUNNYSIDE AVENUE. FILE NO.: PLN-2023-135 After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the City Council of the City of Campbell does ordain as follows: 1. The Proposed Project is an application for a Planned Development Permit to allow construction of six "small-lot single-family" residential homes with an option for integrated accessory dwelling units (ADUs) in association with a Tentative Subdivision Map to allow a new residential subdivision inclusive of six private lots and one common lot, and a Tree Removal Permit to allow removal of two "protected" White Mulberry trees. 2. The Project Site is an assemblage of two residential properties located along Sunnyside Avenue, east of Winchester Boulevard, with "net" and "gross" lot areas of approximately 17,418 square-feet and 20,418 square-feet (0.468 acres), respectively. 3. The Proposed Project was submitted under an SB-330 preliminary application filed in compliance with Government Code § 65941.1 on March 3, 2023, predating the June 2, 2023, implementation date of the new General Plan, revised Zoning Code, and Multi-Family Development and Design Standards (MFDDS). 4. Due to the aforementioned preliminary application, the application is not subject to any objective design standards nor any zoning district specific development standards. 5. The Project Site was designated at the time of pre-application submittal as Low-Medium Density Residential (6-13 units/gr acre) and zoned P-D (Planned Development), as shown on the former Campbell General Plan and Zoning Maps, respectively. 6. The Project Site is currently developed with two single-family residences that will be demolished as part of the project. 7. The single-family residence located on the 44 Sunnyside Avenue parcel was constructed circa 1900. Due to the age of this structure and its placement on the City's list of potentially historic properties, demolition of the building could be considered a "significant impact" under the CEQA. To address this possibility, the applicant procured a historical assessment prepared by a professional historical consultant. These materials were peer-reviewed by the City's Historical Architectural Advisor, who concurred with the determination that the property does not meet any of the minimum threshold eligibility requirements needed to be listed on the California Register of Historic Resources or as a local historic resource by the City as either a Structure of Merit or a Landmark property. As such, its demolition would not constitute a "significant impact" under CEQA. City Council Ordinance 2304 — Planned Development Permit Page 2 of 4 44 and 56 Sunnyside Avenue 8. The Proposed Project's six units would result in a density of 12.8 units/gr. acre (6 units 0.468 gross acres), consistent with the density range of the applicable Medium Density Residential (14-20 units/gr acre) designation. Although six units exceeds the allowable five units otherwise specified by former CMC Sec. 21.08.050.E., Table 2-6 (General Development Standards — R-M Zoning District), pursuant to California Government Code § 65589.5, in cases where the general plan and zoning ordinance do not match, a project is only required to comply with the general plan. 9. The Proposed Project includes provision for interior accessory dwelling units, fulfilling the City's accessory dwelling unit (ADU) "Development Policy" (CMC Section 21.23.090) that requires twenty percent (20%) percent of new dwellings within a residential subdivision with five or more parcels to be designed to allow for future creation of an accessory dwelling unit, or alternatively, include an accessory dwelling unit. 10. Accessory dwelling units are not considered dwelling units for purposes of residential density or the Inclusionary Housing Ordinance pursuant to former CMC Section 21.04.020, Table 2- 1, Note (1), and Section 21.24.030 — Definition of"Residential Project," respectively. 11. The proposed Planned Development Permit would be adopted by City Council ordinance as also required by former CMC Section 21.12.030.H.10.c(1), because the project consists of the construction of more than twenty thousand square feet of gross floor area. 12. The Proposed Project is not subject to the provisions CMC Chapter 21.24 (Inclusionary Housing Ordinance) in that it has fewer than 10 housing units. 13. The Proposed Project is a "housing development project" under State law, which limits the City in its capability to "deny, reduce the density for, or render infeasible" the project under the Housing Accountability Act (HAA) (Government Code Section 65589.5) unless: 1) the proposal is found to be in violation of an objective general plan/zoning standard (other than those waived/reduced through use of the Density Bonus law); or 2) the project will result in a specific adverse impact to public health and safety. 14. The Proposed Project would be consistent with the following General Plan policies and strategies: Policy LUT-5.2: Residential Neighborhoods: Maintain safe, attractive, pedestrian friendly residential neighborhoods with identifiable centers and consistent development patterns and a range of public and private services. 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. City Council Ordinance 2304 — Planned Development Permit Page 3 of 4 44 and 56 Sunnyside Avenue 15. In review of the proposed project, the City Council considered the site circulation, traffic congestion, and traffic safety effects of the project, including the effect of the site development plan on traffic conditions on abutting streets; the layout of the site with respect to locations and dimensions of vehicular and pedestrian entrances, exit driveways, and walkways; the arrangement and adequacy of off-street parking facilities to prevent traffic congestion; the location, arrangement, and dimensions of truck loading and unloading facilities; the circulation patterns within the boundaries of the development, and; the surfacing and lighting of the off-street parking facilities. 16. The City Council further considered the landscaping design of the proposed project, including the location, height, and material of fences, walls, hedges, and screen plantings to ensure harmony with adjacent development or to conceal storage areas, utility installations, and other unsightly aspects of the development; the planting of groundcover or other surfacing to prevent dust and erosion, and the preservation of existing healthy trees. 17. The City Council further considered the proposed project's architectural and site layout, including the general silhouette and mass, including location on the site, elevations, and relation to natural plant coverage, all in relationship to the surrounding neighborhood; the exterior design in relation to adjoining structures in terms of area, bulk, height, openings, and breaks in the facade facing the street; and appropriateness and compatibility of the proposed uses in relation to the adjacent uses and the area as a whole. 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. 19. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. 20. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. Based upon the foregoing findings of fact and in consideration of the entire administrative record, the City Council further finds and concludes that: Planned Development Permit Findings (CMC Sec. 21.12.030.H.6): 1. 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; 2. The proposed development will be compatible with the General Plan of the City 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 will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole; City Council Ordinance 2304 — Planned Development Permit Page 4 of 4 44 and 56 Sunnyside Avenue 5. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project; 6. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project; 7. 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; Environmental Findings (CMC Sec. 21.38.050): 8. This project is Categorically Exempt under Section 15332 of the California Environmental Quality Act (CEQA), pertaining to In-Fill Development Projects which are found consistent with all applicable general plan policies and zoning regulations, are under five acres in size, and substantially surrounded by urban uses; and 9. There are no unusual circumstances that would prevent the project from qualifying as Categorically Exempt per Section 15300.2 of the CEQA Guidelines, including specifically that the subject property does not contain an "historical resource" under CEQA. SECTION ONE: That this Ordinance be adopted to approve a Planned Development Permit (PLN2018-156) to allow construction of six (6) detached small-lot single-family dwellings in association with a residential subdivision, for property located at 44 and 56 Sunnyside Avenue, subject to the attached Conditions of Approval (attached Exhibit A). SECTION TWO: This Ordinance shall become effective thirty (30) days following its passage and adoption and shall be published, one time within fifteen (15) days upon passage and adoption in the Metro Silicon Valley, a newspaper of general circulation in the City of Campbell, County of Santa Clara. PASSED AND ADOPTED this 5th day of March, 2024, by the following roll call vote: AYES: Councilmembers: Bybee, Furtado, Scozzola, Lopez, Landry NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None APPROVE iLICX-ANCIKA6 Susan M. Landry, Mayor ATTEST: �� ®L? Andrea Sa rs, City Clerk EXHIBIT A CONDITIONS OF APPROVAL Planned Development Permit 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 Planned Development Permit to allow the construction of six (6) detached single-family dwellings, in association with a new residential subdivision, on property located at 44 and 56 Sunnyside Avenue. The Approved Project shall substantially conform to the Approved Project Plans included as Attachment E in the January 22, 2024, City Council Staff Report, except as may be modified by conditions of approval contained herein. 2. Permit Expiration: Approval of the Planned Development Permit shall be valid for two (2) years from the effective date of this City Council Ordinance. Within this two-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. 3. Tract Map: Exercise of this Planned Development Permit is contingent upon recordation of the Tract Map associated with the Tentative Subdivision Map approved by separate action. The Tract Map shall be recorded prior to the issuance of building or grading permits. However, the Tract Map may not be recorded if the Planned Development Permit expires or is otherwise rendered void. 4. 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. 5. Minor Revisions: Architectural refinements and other minor revisions to the Approved Project Plans, may be administratively approved by the Community Development Director pursuant to CMC Sec. 21.56.060. 6. ADU Ready: In compliance with CMC Sec. 21.23.090, at least one of the single-family dwellings shall be made "ADU ready" meaning pre-installation of electrical, domestic water, and sanitation utilities necessary to accommodate a future bathroom and kitchen to serve an ADU or alternatively include creation of the ADU. 7. Deed Restriction: The applicant shall record deed restrictions on the parcels containing accessory dwelling units consistent with CMC Section 21.23.070 prior to the issuance of building permits. Conditions of Approval — Planned Development Permit Page 2 44 and 56 Sunnyside Avenue 8. On-Site Lighting: On-site lighting shall be shielded away from adjacent properties and directed on site in compliance with City of Campbell Lighting Design Standards (CMC 21.18.090). 9. Utility Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to installation of the underground 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. Any transformers shall be screened with landscaping and/or artistically painted. • 10.Fences/Walls: Any newly proposed fencing and/or walls shall comply with CMC Section 21.18.060. 11.Tree Protection Plan: The tree protection measures identified by the "44 & 56 Sunnyside Ave Arborist Report 2023" are herein incorporated by reference and shall be implemented prior to issuance of building, grading, or demolition permits. 12.Water Efficient Landscape Standards: This project is subject to the updated California Model Water Efficient Landscape Ordinance (MWELO). The building permit application for grading and on-site improvements shall demonstrate compliance with the applicable MWELO and landscaping requirements and shall include the following. Replacement trees shall be provided consistent with the Conditions of Approval of the associated Tree Removal Permit. a. A Landscape Documentation Package prepared by an authorized and licensed professional demonstrating compliance with the full MWELO requirements with the following required elements: 1) Project Information per Section 492.3. 2) Water Efficient Landscape Worksheet per Section 492.4 (Appendix B of the MWELO). i. Include the worksheet within the plan set AND ii. Provide a separate 8.5x11 hard copy or pdf via email to the project planner. 3) Soil Management Report per Section 492.5 (unless significant mass grading is planned, in which case the report shall be submitted prior to permit final). 4) Landscape Design Plan per Section 492.6. 5) Irrigation Design Plan per Section 492.7. 6) Grading Design Plan per Section 492.8. Note that a Soil Management Report (if not submitted as part of the Landscape Documentation Package) and Certificate of Completion will be required prior to permit final. b. A completed Landscape Information Form. c. 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." Conditions of Approval — Planned Development Permit Page 3 44 and 56 Sunnyside Avenue 13.Construction Activities: The applicant shall abide by the following requirements during construction and demolition activity: A. General City Requirements: Construction activity shall comply with these general City construction requirements: 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. B. Noise Attenuation Measures: Due to the proximity of adjacent residences, the following noise attenuation measures shall be implemented: a. All construction equipment shall be properly maintained in good working order. b. Prior to construction activities, designate a "Construction Noise Coordinator" who would be responsible for responding to any local complaints about construction noise. The Construction Noise Coordinator shall determine the cause of the complaint and shall require that reasonable measures warranted to correct the problem be implemented (potentially including temporary noise barriers). The telephone number for the Construction Noise Coordinator shall be conspicuously posted at the construction site. c. The construction contractor shall provide, at least three weeks prior to the start of construction activities, written notification to all nearby residential units within 200 feet of the construction site informing them of the estimated start date and duration of construction activities. d. Locate temporary generators and air compressors (if utilized) as far away from sensitive noise receptors as necessary to reduce noise. C. BAAQMD Required Fugitive Dust Control Measures: The applicant shall require their construction contractors to reduce construction-related fugitive dust by implementing BAAQMD's basic control measures at all construction and staging areas, including: a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. b. All haul trucks transporting soil, sand, or other loose material off site shall be covered. Conditions of Approval — Planned Development Permit Page 4 44 and 56 Sunnyside Avenue c. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. d. All vehicle speeds on unpaved roads shall be limited to 15 miles per hour. e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. f. A publicly visible sign shall be posted with the telephone number and person to contact the builder regarding dust complaints. This person shall respond and take corrective action withub 48 hours. The Air District's phone number shall also be visible to ensure compliance with applicable regulations. D. BAAQMD Required Basic Exhaust Emissions Reduction Measures. The applicant shall require their construction contractors to implement the following measures during construction to reduce exhaust emissions: a. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations). Clear signage shall be provided for construction workers at all access points. b. All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. E. Construction Hours/Fines/Stop Work Notice: Failure to comply with above requirements that result in verified complaints may result in the issuance of a Stop Work Notice issued to the project with cessation of work for a minimum of seven (7) days from the date of issuance and an Administrative fine of up to $1,000.00. F. 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. Building Division 14.Permit Required: Building permit applications shall be required for each new dwelling, and include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 15.Conditions of Approval: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permits. 16.Construction Fencing: The property 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. Conditions of Approval — Planned Development Permit Page 5 44 and 56 Sunnyside Avenue FIRE DEPARTMENT 17.Aerial Access Required: Where required: Buildings or portions of buildings or facilities exceeding 30 feet (9144 mm) in height above the lowest level of fire department vehicle access shall be provided with approved fire apparatus access roads capable of accommodating fire department aerial apparatus. Overhead utility and power lines shall not be located within the aerial fire apparatus access roadway. 2. Width: Fire apparatus access - roads shall have a minimum unobstructed width of 26 feet (7925) in the immediate vicinity of any building or portion of building more than 30 feet (9144 mm) in height. 3. Proximity to building: At least one of the required access routes meeting this condition shall be located within a minimum of 15 feet (4572) and a maximum of 30 feet (9144mm) from the building, and shall be positioned parallel to one entire side of the building, as approved by the fire code official [CFC Chp. 5 and SCCFD SD&S A-1]. -Aerial access roadways shall meet the minimum road width of 26 feet -Aerial access roadways shall meet the required outside turning radii of 60 feet -Aerial access shown on sheet A19. -Aerial access shall not be obstructed by any trees, balconies, or power lines. 18.Fire Sprinklers Required: An automatic residential fire sprinkler system shall be installed in all new one- and two-family dwellings. - Sprinklers noted on sheet A01. 19.Fire Aerial Apparatus Access Roadway Required: Provide an access roadway with a paved all-weather surface, a minimum unobstructed width of 20 feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 50 feet outside, and a maximum slope of 15%. Surface shall be capable of supporting 75K pounds. Installations shall conform to Fire Department Standard Details and Specifications sheet A-1. CFC Sec. 503. -Loading capacity verification shown on sheet TM4. 20.Fire Lanes Required: The minimum clear width of fire department access roads shall be 26 feet since aerial access is required. Fire apparatus access roads shall be designated and marked as a fire lane as set forth in Section 22500.1 of the California Vehicle Code. The entire 26 foot fire apparatus access roads shall be marked as fire lanes. Signs or other approved notices shall be posted. -Sheet A06 and TM4 shows proposed location of fire lane signs and red curb. 21.Fire Lanes Required: The minimum clear width of fire department access roads shall be 26 feet since aerial access is required. Fire apparatus access roads shall be designated and marked as a fire lane as set forth in Section 22500.1 of the California Vehicle Code. The entire 26 foot fire apparatus access roads shall be marked as fire lanes. Signs or other approved notices shall be posted. -Sheet A06 and TM4 shows proposed location of fire lane signs and red curb. 22.Ground Ladder Rescue Required: Ground-ladder rescue from second and third floor rooms shall be made possible for fire department operations. Climbing angle of seventy five degrees shall be demonstrated on the plans and maintained. Landscaping shall not be allowed to interfere with the required access (CFC Sec. 503 and 1031 NFPA 1932 Sec. 5.1.8 through 5.1.9.2). -Sheet A19 and sheet A06 shows ground ladder access to emergency egress windows. -No landscaping, trees, fences, or buildings shall obstruct ladder access. Conditions of Approval — Planned Development Permit Page 6 44 and 56 Sunnyside Avenue 23.Construction Site Fire Safety: All construction sites must comply with applicable provisions of the CFC Chapter 33 and our Standard Detail and Specification S1-7. Provide appropriate notations on subsequent plan submittals, as appropriate to the project. CFC Chp. 33. 24.Buildings and Facilities Access: Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or with the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. [CFC, Section 503.1.1]. 25.Address identification: New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address numbers shall be maintained. CFC Sec. 505.1. 26.Water Supply Requirements: Potable water supplies shall be protected from contamination caused by fire protection water supplies. It is the responsibility of the applicant and any contractors and subcontractors to contact the water purveyor supplying the site of such project, and to comply with the requirements of that purveyor. Such requirements shall be incorporated into the design of any water-based fire protection systems, and/or fire suppression water supply systems or storage containers that may be physically connected in any manner to an appliance capable of causing contamination of the potable water supply of the purveyor of record. Final approval of the system(s) under consideration will not be granted by this office until compliance with the requirements of the water purveyor of record are documented by that purveyor as having been met by the applicant(s). 2022 CFC Sec. 903.3.5 and Health and Safety Code 13114.7.