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CC Resolution 10478 RESOLUTION NO. 10478 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A PLANNED DEVELOPMENT PERMIT (PLN2004-132) TO ALLOW THE CONSTRUCTION OF 11 SMALL LOT SINGLE FAMILY RESIDENCES ON PROPERTY OWNED BY MR. AXEL JONAS SON LOCATED AT 1822 W. HACIENDA AVENUE IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. BRUCE BOWEN, ON BEHALF OF B&C HOMES, INC. FILE NO. PLN2004-132. 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 did find as follows with respect to application PLN2004-132: 1. The development of the proposed project will result in a use that is consistent with the Low- Medium Density Residential General Plan land use designation. 2. The density range allowed under the General Plan is 6-13 units per gross acre. The proposed project density is 10.09 units per gross acre. 3. All planned developments in the City are required to be located within a PD (Planned Development) Zoning District. The proposed residential condominium project is consistent with the PD Zoning District. 4. The proposed project is consistent with the San Tomas Neighborhood Plan policies for Planned Developments in a Low-Medium Density designated area. 5. The project plans illustrate eleven two-story buildings with an attached one car garage. The unit mix consists often (10) three-bedroom units and one (1) one-bedroom unit. 6. The project consists of eleven new two-story single family residences ranging in size from 1,299 square feet to 1,858 square feet. 7. Project plans depict building coverage of 22%, landscaping coverage of 48.6% and paving coverage of28.7%. 8. The project has a Floor Area Ratio (FAR) of.41. 9. The project provides 3.8 spaces per unit for a total of 42 parking spaces (11 garages and 31 uncovered spaces). 10. Land uses surrounding the project site include townhomes to the north and west, and single- family residences to the south and east. City Council Resolution PLN2004-132 - 1822 W. Hacienda Avenue - Planned Development Pennit Page 2 11. The proposed project provides a total of 21,187 square feet of open space and private yard spaces ranging from 720 to 1,320 square feet. 12. The designs of the buildings are compatible in scale with the surrounding residential neighborhood, are well articulated and utilize a variety of quality building materials in traditional building fonns. 13. A Mitigated Negative Declaration has been prepared for this project concluding that there are no significant unmitigated impacts associated with this project, pursuant to the California Environmental Quality Act (CEQA). Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. The proposed development will result in a more desirable environment and use of the land than would be possible under any other zoning classification. 2. The development will be compatible with the General Plan of the City and will aid in the hannonious 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 development will be compatible with the Zoning Code of the City. 5. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 6. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. 7. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 8. 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 NOW, THEREFORE, BE IT RESOLVED that the City Council approves a Planned Development Pennit (PLN2004-132) to allow the construction of 11 small lot single family residences on property owned by Mr. Axel Jonasson located at 1822 W. Hacienda Avenue in a P-D (Planned Development) Zoning District, subject to the following conditions: City Council Resolution PLN2004-132 - 1822 W. Hacienda Avenue - Planned Development Pennit Page 3 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 Plannim! Division: 1. Approved Project: Approval is granted to construct an II-unit residential development project located at 1822 W. Hacienda Avenue. The building design and site design shall substantially confonn to the project exhibits listed below, except as may be modified by the conditions of approval herein: a. Project plans prepared by Chris Spaulding Architect and dated November 12, 2004 and August 24,2004 as received by the Planning Division on February 15, 2005, including a grading and drainage plan, site plan, floor plans, unit plans and building elevations. b. Color/material board submitted by B & C Homes. c. Conceptual Landscape Plan prepared by Stickland Design. d. Tentative Subdivision Map prepared by BKF Engineers and dated December 15, 2004 as received by the Planning Division. 2. Pennit Expiration: The Planned Development Pennit is valid for a period of two years from the date of final City Council approval. A building pennit must be obtained within this two- year period or the Planned Development Pennit shall be void. 3. Tentative Subdivision Map: The Planned Development Pennit approval is contingent upon recordation of the Final Subdivision Map to divide the subject property. The Final Subdivision Map shall be recorded prior to the issuance of building pennits. 4. Covenants. Codes and Restrictions: The applicant shall submit a draft copy of the Covenants, Conditions and Restrictions (CC&R's) to the Planning Division for approval by the Community Development Director and City Attorney, prior to the recordation of the Final Subdivision Map, which provide for: a. Fonnation of a Homeowner's Association to ensure the long-tenn maintenance of common area. b. Continued architectural controls to ensure the architectural integrity of the project. c. The common area shall be defined as the area owned in common as shown on the tentative subdivision map. City Council Resolution PLN2004-132 - 1822 W. Hacienda Avenue - Planned Development Pennit Page 4 d. Provision of a funding mechanism to ensure maintenance and upkeep of the driveway and shared parking areas. e. Provision to provide on-going maintenance of the front yard landscaping for Units 1 and 11 that face W. Hacienda Avenue. f. Provision for the availability of garage space for the parking of vehicles at all times. g. Provision to prohibit the use of parking spaces for storage purposes, including boats, trailers, and recreational vehicles. 5. Landscape Plan: The applicant shall submit four sets of a final landscape and irrigation plan to the Planning Division, prior to the issuance of building pennits, for review and approval by the Community Development Director. The landscape and irrigation plan shall substantially confonn with the approved conceptual landscape plan and the City's Water Efficient Landscaping Standards (WELS) and shall include the following changes: a. Fifty percent or thirteen of the new trees shall be twenty-four inch boxed sizes and fifty percent shall be 15 gallon size. b. The landscape plan shall address the protection and preservation of the three Walnut trees and the Avocado tree. c. The applicant shall provide decorative pavement including patterned concrete, pavers or brick within common driveway area. The design and materials to be used for the decorative pavement shall be reviewed and approved by the Community Development Director. d. Uncovered parking spaces adjacent to the garages shall utilize a Hollywood drive design. e. The applicant shall submit a tree protection plan for all protected trees to be retained on site and shall contain specific infonnation about the preservation of the trees during any grading or building on site. The tree protection plan shall be submitted to the Planning Division for review and approval by the Community Development Director prior to the issuance of building pennits. 6. Building Elevations. Details and Colors: The applicant shall submit detailed building elevations and exhibits depicting architectural details. Detailed elevations and exhibits shall be reviewed by and approved by the Community Development Director prior to the issuance of building pennits. Project details include, but are not limited to, the following: a. Details regarding the color and materials of the building and architectural details. b. Window schedules for high quality vinyl windows and window treatments. 7. Parking and Drivewavs: All parking and driveway areas shall be developed in compliance with Chapter 21.28 of the Campbell Municipal Code and the approved project plans. City Council Resolution PLN2004-132 - 1822 W. Hacienda Avenue - Planned Development Pennit Page 5 8. Fences: Any newly proposed fencing and/or walls shall comply with Section 21.18.050 of the Campbell Municipal Code and shall be reviewed and approved by the Community Development Director prior to issuance of any building pennits for the project. Existing perimeter project fencing shall be reviewed and the condition accepted by the Community Development Director or new fencing shall be installed. 9. Property Maintenance: The property is to be maintained free of any combustible trash, debris and weeds until the time that actual construction commences. All unoccupied existing structures shall be secured by having windows boarded up and doors sealed shut, or be demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed. Unifonn Fire Code). 10. Utility Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to installation of PG&E transfonners and San Jose Water Company back-flow preventers, indicating the location of the facilities and screening (if the facilities are above ground) for approval by the Community Development Director. 11. Contractor Contact Infonnation 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 pennits. 12. On-site lighting: On-site lighting shall be shielded away from adjacent properties and directed on site. The 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 prior to issuance of any building pennits for the project. Lighting fixtures shall be of a decorative design to be compatible with the development and shall incorporate energy saving features. 13. Archaeological & Paleontological Resources: If archaeological or paleontological resources are encountered during excavation or construction, construction personnel shall be instructed to immediately suspend all activity in the immediate vicinity of the suspected resources and the City and a licensed archeologist or paleontologist shall be contacted to evaluate the situation. A licensed archeologist or paleontologist shall be retained to inspect the discovery and make any necessary recommendations to evaluate the find under current CEQA guidelines prior to the submittal of a resource mitigation plan and monitoring program to the City for review and approval prior to the continuation of anyon-site construction activity. 14. Human Burial or Skeletal Element Discovery: In the event a human burial or skeletal element is identified during excavation or construction, work in that location shall stop immediately until the find can be properly treated. The City and the Santa Clara County Coroner's office shall be notified. If deemed prehistoric, the Coroner's office would notify the Native American Heritage Commission who would identify a "Most Likely Descendant (MLD)." The archeological consultant and MLD, in conjunction with the project sponsor, shall fonnulate an appropriate treatment plan for the find, which might include, but not be City Council Resolution PLN2004-132 - 1822 W. Hacienda Avenue - Planned Development Pennit Page 6 limited to, respectful scientific recording and removal, being left in place, removal and reburial on site, or elsewhere. Associated grave goods are to be treated in the same manner. 15. Construction Mitigation Measures: The following practices should be followed during all phases of site preparation and construction activities: a. 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. b. Truck routes to and from the construction site should be established and submitted to the City for review and approval prior to issuance of a building pennit. These truck routes shall avoid access to the project site via residential streets where possible. 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. Prior to the issuance of building pennits, the project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street so that the contractor can be made aware of noise complaints. g. Construction equipment, vehicles, and workers associated with the development of the project shall not be pennitted to park on any residential streets. Buildine Division: 16. Pennits Required: A building pennit application shall be required for each proposed new living unit/structure. The building pennit shall include ElectricallPlumbing/Mechanical fees when such work is part of the pennit. 17. Addresses & Parcel Numbers: Applicant shall provide new parcel numbers to Building Inspection Division as soon as they become available. Applicant shall contact the building Inspection Division to secure new address for each property prior to issuance of building pennits for construction 18. Construction Plans: The conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building pennit. 19. Size of Plans: The minimum size of construction plans submitted for building pennits shall be 24 in. X 36 in. 20. Elevation Plans: Elevation drawings of the proposed new dwellings shall include identification of a reasonable elevation bench mark to be available throughout construction. City Council Resolution PLN2004-132 - 1822 W. Hacienda Avenue - Planned Development Pennit Page 7 Overall height of each new structure shall be called out as measured from this bench mark. Elevation measurements measured "from finished grade" will be considered insufficient. 21. Plan Preparation: This project requires plans prepared under the direction and oversight of a California licensed Engineer or Architect. Plans submitted for building pennits shall be "wet stamped" and signed by the qualifying professional person. 22. Soils Report: Two copies of a current soils report, prepared to the satisfaction of the Building Official, containing foundation and retaining wall design recommendations shall be submitted with the building pennit application. This report shall be prepared by a licensed engineer specializing in soils mechanics. 23. Site Plan: Application for building pennit shall include a competent engineered site plan that identifies property and proposed structures with dimensions and site elevations as appropriate. Site plan shall also include clear site drainage details. 24. Foundation Inspections: A pad certificate prepared by a licensed civil engineer or land surveyor shall be submitted to the project building inspector upon foundation inspection of each new dwelling. This certificate shall certify compliance with the recommendations as specified in the soils report and the building pad elevation and on-site retaining wall locations and elevations are prepared according to approved plans. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer for the following items: a. pad elevation b. finish floor elevation (first floor) c. foundation corner locations 25. Title 24 Energy Compliance: California Title 24 Energy Compliance fonns CF-IR and MF- lR shall be blue-lined on the construction plans. 8% X 11 calculations shall be submitted as well. 26. Special Inspections: When a special inspection is required by UB.c. Section 1701, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building pennits, in accordance with UB.C Section 106.3.5. Please obtain City of Campbell, Special Inspection fonns from the Building Inspection Division Counter. 27. Non-Point Source Compliance: 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. 28. Approval Required: The project requires the following agency approval prior to issuance of the building pennit: City Council Resolution PLN2004-132 - 1822 W. Hacienda Avenue - Planned Development Pennit Page 8 a. b. c. West Valley Sanitation District (378-2407) Santa Clara County Fire Department (378-4010) School District: i) Campbell Union School District (378-3405) ii) Campbell Union High School District (371-0960) iii) Moreland School District (379-1370) iv) Cambrian School District (377-2103) Note: To detennine your district, contact the offices identified above. Obtain the School District payment fonn from the City Building Division, after the Division has approved the building pennit application. d. Bay Area Air Quality Management District (Demolitions Only) 29. P.G.& 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 P.G. and E. concerning utility easements, distribution pole locations and required conductor clearances. 30. 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. PUBLIC WORKS DEPARTMENT 31. Final Map: Prior to issuance of any grading or building pennits for the project, the applicant shall pay the required fees, submit the necessary documents and submit a final map for review by the City and recordation, upon approval by the City Council. 32. Preliminary Title Report: Upon submittal of the final map, the applicant shall provide a current Preliminary Title Report. 33. Public Service Easement: Upon recordation of the final map, the applicant shall grant a 10 foot public service easement on private property contiguous with the public right-of-way along the Hacienda Avenue frontage. 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. 34. Private Easements: Upon recordation of the final map, the applicant shall cause private easements to be recorded for private utilities, private stonn drains, reciprocal ingress and egress, emergency vehicles, etc. 35. Monumentation for Final Map: Prior to recordation of the final map, the applicant shall provide security for setting all monuments shown on the map. City Council Resolution PLN2004-132 -1822 W. Hacienda Avenue - Planned Development Permit Page 9 36. Street Improvements: 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 pennit for construction of the standard public street improvements, as required by the City Engineer. The plans shall include the following: a. Removal of existing driveway approaches, sidewalk, parkstrip hardscape, curb and gutter along entire project frontage. b. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway approach. c. Installation of street trees and irrigation at 30 feet on center, or as required by the City Engineer. d. Installation of stonn drain facilities per an approved grading & drainage plan. e. Reconstruction of street structural pavement section to centerline, or as required by the City Engineer. f. Installation of asphalt concrete overlay per street pavement restoration plan for utility installation and/or abandonment, as required by the City Engineer. g. Installation of streetlights, conduits, conductors and related facilities in accordance with the City of Campbell's Street Lighting Policies. h. Installation of traffic control, stripes and signs. 1. Construction of confonns to existing public and private improvements, as necessary. 37. Occupancv: Prior to allowing occupancy for any and/or all buildings, the applicant shall have the required street improvements installed and accepted by the City. 38. 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. 39. Soils Report: Prior to issuance of any grading or building pennits for the site, applicant shall provide a soils report prepared by a registered geotechnical or civil engineer. 40. 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, pennitting, and fee requirements of the serving utility companIes. 41. Utility Coordination Plan: Prior to issuance of building pennits 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. City Council Resolution PLN2004-132 - 1822 W. Hacienda Avenue - Planned Development Pennit Page 10 42. 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. Streets that have been reconstructed or overlaid within the previous five years will require boring and jacking for all new utility installations. West Hacienda Avenue has not been reconstructed or overlaid in the last 5 years. 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. 43. Grading and Drainage Plan: Prior to issuance of any grading or building pennits for the site, the applicant shall conduct hydrology studies based on a ten-year stonn frequency, prepare an engineered grading and drainage plan, and pay fees required to obtain necessary grading pennits. The plans shall comply with the 1998 edition of the California Building Code including Chapters 10, 11, 18,33, and Appendix Chapter 33. 44. Stonn Drain Area Fee: Prior to recordation of the final map, the applicant shall pay the required Stonn Drain Area fee of $2,250.00 per net acre, which is $2,250.00. 45. Stonnwater Pollution Prevention Measures: Prior to issuance of any grading or building pennits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) pennit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding stonnwater pollution prevention. The primary objectives are to improve the quality and reduce the quantity of stonnwater 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 Stonnwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for Stormwater Quality Protection ("Start at the Source") by the Bay Area Stonnwater 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. 46. Covenants. Conditions. and Restrictions: Provide copies of CC&Rs for review by the City prior to recordation of the final map and CC&Rs. 47. Demolition: Prior to recording of the final map the applicant shall obtain a demolition pennit and remove any nonconfonning structures. FIRE DEPARTMENT 48. Fonnal Plan Review: Review of this development proposal is limited to accessibility of site access and water supply as they pertain to fire department operations, and shall mot be construed as a substitute for fonnal plan review to detennine compliance with adopted model City Council Resolution PLN2004-132 -1822 W. Hacienda Avenue - Planned Development Permit Page 11 codes. Prior to performing any work the applicant shall make application to, and receive from, the Building Division all applicable construction permits. 49. Required Fire Flow: The fire flow for this project is 1,000 gpm at 20 psi residual pressure. The required fire flow is available from area water mains and fire hydrant(s) which are spaced at the required spacing. 50. Public Fire Hydrant(s) Required: Provide 1 public fire hydrant(s) at location(s) to be determined by the Fire Department and San Jose Water Company. Hydrant(s) shall have a minimum single flow of 1,000 GPM at 20 psi residual, with spacing not to exceed 500 feet. To prevent building permit delays, the developer shall pay all required fees to the water company as soon as possible. 51. Timing of Required Water Supply Installations: Installation of required fire service(s) and fire hydrant(s) shall be tested and accepted by the Fire Department prior to the start of framing or delivery of bulk combustible materials. Building permit issuance may be withheld until installations required installations are completed, tested and accepted. 52. Fire Hydrant Location Identifier: Prior to project final inspection, the general contractor shall ensure that an approved "Blue Dot" fire hydrant location identifier has been placed in the roadway, as directed by the Fire Department. 53. Fire Apparatus (Engine) Access Roads Required: Provide access roadways with a paved all weather surface, a minimum unobstructed width of 20 feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius if 36 feet outside and 23 inside. Installations shall conform to Fire Department Standard details and specifications sheet A-I. The proposed roadway appears to comply. 54. Timing of required Roadway Installations: Required access roads, up through first lift of asphalt, shall be installed and accepted by the Fire Department prior to the start of construction. Bulk combustible materials shall not be delivered to site until installation is complete. During construction, emergency access roads shall be maintained clear and unimpeded. Note that building permit issuance may be withheld until installations are complete. 55. Fire Lane Marking Required: Roadways deemed necessary to facilitate emergency vehicle access shall be identified in accordance with Fire Department Standard Details and Specifications A-6 and Local Government Standards. 56. Premises Identification: Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their backgrounds. PASSED AND ADOPTED this vote: 5th day of April ,2005, by the following roll call City Council Resolution PLN2004-132 -1822 W. Hacienda Avenue - Planned Development Permit Page 12 AYES: NOES: ABSENT: ABSTAIN: ATTEST: COUNCILMEMBERS: Burr, Hernandez, Furtado, Watson, Kennedy COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: None APPROVE ~ Anne Bybee, City Clerk