CC Resolution 10569
RESOLUTION NO.
10569
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING A PLANNED DEVELOPMENT PERMIT
(PLN2005-58) TO ALLOW THE CONSTRUCTION OF FOUR TOWN
HOMES ON PROPERTY OWNED BY MR. RICHARD MORGAN
LOCATED AT 725 W. HACIENDA AVENUE IN AN R-D (TWO FAMILY
DISTRICT) ZONING DISTRICT. APPLICATION OF MR. AMIR
KHOJASTEH, ON BEHALF OF MR. RICHARD MORGAN. FILE NO.
PLN2005-58.
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 PLN2005-58:
1. The density of the proposed project site is 9.5 units per gross acre, which is
consistent with the General Plan land use designation of Low-Medium Density
Residential (6-13 units per gross acre).
2. The proposed project is consistent with the Planned Development Zoning
Ordinance.
3. The site plan proposes the construction of four town homes, each on individual lots.
All of the residences would take vehicular access from West Hacienda Avenue via a
20-foot wide, two-way ilL-shaped" common driveway.
4. The southern elevation of Building 1 has an entry way that is oriented towards West
Hacienda Avenue and both buildings are set back a minimum of 15-feet from the
property line of adjacent properties and the public right-of-way per the STANP.
5. The project provides a total of 14 parking spaces, where 14 spaces are required.
6. The completed project would consist of four new town homes with a building
coverage of 31 %, landscaping coverage of 36% and paving coverage of 33%.
7. The proposed project will have a floor area ratio of 0.54.
8. No protected trees would need to be removed as part of this project, either on the
project site or the adjacent property.
9. Each of the units has a private rear yard with a minimum depth of 15 feet and a
width ranging from 35 feet to 46 feet and is enclosed by a wood fence. Building 1
(Unit 1 & 2) has a private rear yard area of 553 square feet for each unit and
Building 2 (Unit 3 & 4) has a private rear yard area of 1,020 square feet for each
unit.
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PLN2005-58 - 725 W. Hacienda Avenue-Planned Development Permit
Page 2
10. The project qualifies as Categorically Exempt under Section 15303, Class 3 of 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 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.
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.
NOW, THEREFORE, BE IT RESOLVED that the City Council approves a Planned
Development Permit (PLN2005-58) to allow the construction of four town homes on
property owned by Mr. Richard Morgan located at 725 W. Hacienda Avenue in a R-D
(Two Family District) Zoning District, subject to the following conditions:
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.
City Council Resolution
PLN2005-58 - 725 W. Hacienda Avenue-Planned Development Permit
Page 3
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division:
1. Approved Proiect: Approval is granted for a Planned Development Permit to allow
the construction of four town homes located at 725 West Hacienda Avenue. The
building designs and site design shall substantially conform to the project exhibits
listed below, except as may be modified by the conditions of approval herein:
a. Project plans prepared by AG.P. Design Group and stamped as received by the
Planning Division on July 18, 2005.
b. Colored elevation and material board submitted by AG.P. Design Group and
stamped as received by the Planning Division on July 18, 2005.
c. Tentative Parcel Map prepared by ADCO Engineering and stamped as received
by the Planning Division on July 7, 2005.
2. Permit Expiration: The Planned Development Permit is valid for a period of two
years from the date of final City Council approval. A building permit must be
obtained within this two-year period or the Planned Development Permit shall be
void.
3. Parcel Map: The Planned Development Permit approval is contingent upon
recordation of the Parcel Map to divide the subject property. The Parcel Map shall
be recorded prior to the issuance of building permits.
4. Landscape and Irriqation Plan: The applicant shall submit a final landscape and
irrigation plan to the Planning Division, prior to the issuance of building permits, for
review and approval by the Community Development Director. The landscape and
irrigation plan shall substantially conform to the approved conceptual landscape plan
and the City's Water Efficient Landscaping Standards (WELS).
5. Tree Protection Plan: The applicant shall submit a tree protection plan for all
protected trees to be retained on site or on adjacent lots that are impacted by the
project, and shall contain specific information about the preservation of the trees
during any grading or building on site. Such tree protection measures shall be
installed prior to any demolition, grading, or building on the project site. No
construction or trenching shall take place within the drip line of trees and a fence
constructed of temporary cyclone fencing or wire mesh securely attached to poles
driven into the ground shall be installed around the dripline of the tree. All trimming
or branch removal from protected trees shall be completed by a certified arborist.
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
permits.
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PLN2005-58 - 725 W. Hacienda Avenue-Planned Development Permit
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6. Park Impact Fee: A park impact fee, based on a density range of six to thirteen units
per gross acre, is due upon development of the site. Credit shall be given for any
existing single-family residence to be demolished. Prior to recordation of the Parcel
Map, 75% of this fee is due. The remaining 25% is due prior to issuance of a
certificate of building occupancy.
7. Fences: All new fencing shall be a good-neighbor style wood fence and shall
comply with all the provisions of Section 21.18.060 of the Campbell Municipal Code.
The design and location of all fences shall be reviewed and approved by the
Community Development Director prior to issuance of any building permits for the
project. Fencing along the property lines shall be replaced at the expense of the
applicant, unless it is determined to be in good condition by the Community
Development Director.
8. Propertv Maintenance: The property is to be maintained free of any combustible
trash, debris, and weeds until the time that actual construction commences. Any
vacant 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. Uniform Fire Code).
9. Utility Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to
installation of PG&E utility (transformer) boxes and San Jose Water Company back-
flow preventers, indicating the location of the boxes and screening (if the boxes are
above ground) for approval by the Community Development Director.
10. On-Site Liahtina: 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 installation of the lighting for compliance
with all applicable Conditions of Approval, ordinances, laws and regulations.
Lighting fixtures shall be of a decorative design to be compatible with the residential
development and shall incorporate energy saving features.
11. Construction Mitiaation Measures: The applicant shall implement the following
construction mitigation measures:
a.
Construction activities will be limited to daytime hours of 8:00 am to 5:00 p.m.
weekdays and 9:00 a.m. to 4:00 p.m. Saturdays. Construction is prohibited
on Sundays and Holidays unless an exception is granted by the Building
Official.
No pile driving is allowed for construction of the project.
All internal combustion engines for construction equipment used on the site
will be properly muffled and maintained.
b.
c.
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PLN2005-58 - 725 W. Hacienda Avenue-Planned Development Permit
Page 5
d.
All stationary noise generating construction equipment, such as air
compressors and portable power generator, will be located as far as practical
from the existing residences and businesses.
All active construction areas shall be watered at least twice daily.
Cover all trucks hauling soil and other loose materials stationed or prior to
leaving the site.
Pave, apply water, or apply non-toxic soil stabilizers on all unpaved surfaces,
and staging areas at the construction site.
e.
f.
g.
12. Parkinq and Driveways:
a.
All parking and driveway areas shall be developed in compliance with the
approved plans and Chapter 21.28 (Parking and Loading) of the Campbell
Municipal Code.
The applicant shall provide a decorative pavement material within the common
access driveway, uncovered parking spaces, and walkways for the project. The
design and material to be used for the decorative pavement shall be indicated
on the building permit plans and will be reviewed and approved by the
Community Development Director prior to the issuance of building permits.
b.
13. Covenants. Codes and Restrictions (CC&R's): Prior to recordation of the Parcel
Map, the applicant shall submit for review and approval by the City a copy of the
draft CC&R's which shall include the following:
a.
Formation of a Homeowner's Association;
Continued architectural controls to ensure the architectural integrity of the
project, including a provision that ensures that shared building walls and roofs
are repaired, repainted, and/or replaced as necessary;
Definition of common areas to be maintained and provision of maintenance for
these areas;
Provision of a funding mechanism to ensure maintenance and upkeep of
common areas;
Provision for the availability of interior garage space for the parking of two
vehicles at all times; and
Provision to prohibit the use of outside parking spaces for storage purposes,
including boats, trailers, and recreational vehicles.
b.
c.
d.
e.
f.
14. Contractor Contact Information Postinq: 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 issuance of building permits.
City Council Resolution
PLN2005-58 - 725 W. Hacienda Avenue-Planned Development Permit
Page 6
15. Utilities: All new on-site utilities shall be installed underground per section 21.18.140
(Undergrounding of Utilities) of the Campbell Municipal Code.
16. Roof Vents: The applicant shall coordinate mechanical and plumbing plans to
minimize the number of roof vents that are visible from the street frontage. The
applicant shall provide the location of such vents on the building plan elevations and
roof plans, to the satisfaction of the Community Development Director, prior to
issuance of building permits.
Building Division:
17. Permits Required: A building permit application shall be required for each new
townhouse living unit. The building permit shall include
Electrical/Plumbing/Mechanical fees when such work is part of the permit.
18. Plan Preparation: This project requires plans prepared under the direction and
oversight of a California licensed Engineer or Architect. Plans submitted for building
permits shall be "wet stamped" and signed by the qualifying professional person.
19. Construction Plans: The conditions of approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
20. Size of Plans: The minimum size of construction plans submitted for building
permits shall be 24 inches by 36 inches.
21. 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 permit application. This report shall be prepared
by a licensed engineer specializing in soils mechanics.
22. Site Plan: Application for building permit shall include a competent site plan that
identifies property and proposed structures with dimensions and elevations as
appropriate. Site plan shall also include site drainage details.
23. 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. 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
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PLN2005-58 - 725 W. Hacienda Avenue-Planned Development Permit
Page 7
24. Title 24 EnerQV Compliance: California Title 24 Energy Compliance forms CF-1 R
and MF-1 R shall be blue-lined on the construction plans. 8% X 11 calculations shall
be submitted to the Building Division.
25. Special Inspections: When a special inspection is required by U.B.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
permits, in accordance with U.B.C Section 106.3.5. Please obtain City of Campbell,
Special Inspection forms from the Building Inspection Division Counter.
26. Non-Point Source Pollution Control: The City of Campbell standard Santa Clara
Valley Non-point Source Pollution Control Program specification sheet shall be part
of plan submittal. The specification sheet (size 24" X 36") is available at the Building
Division service counter.
27. P.G.&E.: The applicant is advised to contact P.G.&E. 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. The applicant should also consult with P.G.&E. concerning utility
easements, distribution pole locations and required conductor clearances.
28. Construction Fencinq: 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.
29. Approvals Required: The project requires the following agency approval prior to
issuance of the building permit:
a. West Valley Sanitation District (378-2407)
b. Santa Clara County Fire Department (378-4010)
c. Bay Area Air Quality Management District (Demolitions Only)
d. 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 determine your district, contact the offices identified above. Obtain the
School District payment form from the City Building Division, after the Division
has approved the building permit application.
City Council Resolution
PLN2005-58 - 725 W. Hacienda Avenue-Planned Development Permit
Page 8
FIRE DEPARTMENT
30. Formal 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 formal plan review to determine
compliance with adopted model codes. Prior to performing any work the applicant
shall make application to, and receive from, the Building Division all applicable
construction permits.
31. Required Fire Flow: The required fire flow for this project is 1,750 gpm at 20 psi
residual pressure. The required fire flow is available from area water mains and fire
hydrant(s), which are located at the required spacing.
32. Fire Apparatus (Enaine) 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 of 36 feet outside
and 23 feet inside. Installations shall conform to Fire Department Standard Details
and Specifications Sheet A-1. Roadway at unit 4 parking and throughout the site
shall be widened to 20-feet in width.
33. Fire Lane Markina Required: Provide marking for all roadways within the project.
Markings shall be per Fire Department specifications. Installations shall also conform
to Local Government Standards and Fire Department Standard Details and
Specifications Sheet A-6.
34. Parkina Alona Roadways: The required width of fire access roadways shall not be
obstructed in any manner and parking shall not be allowed along roadways less than
28 feet in width.
35. Timina 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 combustible construction. During construction, emergency access roads
shall be maintained clear and unimpeded. Note that building permit issuance will be
withheld until installations are complete.
36. 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 background.
PUBLIC WORKS DEPARTMENT
37. Parcel Map: Prior to issuance of any grading or building permits for the project, the
applicant shall submit a parcel map for recordation upon approval by the City. The
applicant shall also submit the map in a digital format acceptable to the City. The
current plan check fee is $3,400 plus $75 per lot.
City Council Resolution
PLN2005-58 - 725 W. Hacienda Avenue-Planned Development Permit
Page 9
38. Preliminary Title Report: Upon submittal of the parcel map, the applicant shall
provide a current Preliminary Title Report.
39. Riaht-of-Way for Public Street Purposes: Upon recordation of the parcel map, the
applicant shall fully complete the process to cause additional right-of-way to be
granted in fee for public street purposes along the Hacienda Avenue frontage to
accommodate a 45-foot half street width. The applicant shall submit the necessary
documents for approval by the City Engineer, process the submittal with City staff's
comments, and fully complete the right-of-way process. 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.
40. Public Service Easement: Prior to or upon recordation of the parcel 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.
41. Monumentation for Parcel Map: Prior to recordation of the parcel 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.
42. Street Improvements: Prior to recordation of the parcel map, the applicant shall
execute a street improvement agreement, 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:
a. Show location of all existing utilities within the new and existing public right-of-
way.
b. Relocation of all existing facilities, including utility boxes, covers, poles, etc.
outside the sidewalk area. No utility boxes, covers, poles, etc. will be allowed in
the sidewalk area.
c. Construction of ADA compliant driveway approach.
d. Construction of curb, gutter, and detached sidewalk along the property frontage.
e. Installation of street trees, turf, and irrigation at 30 feet on center.
f. Installation of a street light in accordance with the Street Lighting Policies of the
City of Campbell.
g. Removal of existing pavement to street centerline.
h. Construction of a new pavement structural section across the property frontage
to the street centerline of Hacienda Avenue.
i. Installation of traffic controls, stripes, and signs as appropriate.
j. Protection and relocation of utilities as necessary.
City Council Resolution
PLN2005-58 - 725 W. Hacienda Avenue-Planned Development Permit
Page 10
k. Construction of conforms to existing public and private improvements as
necessary.
43. Maintenance of Landscapina: Current and future owner(s) are required to maintain
the landscaped park strip 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.
44. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and
sewer cleanout(s) shall be installed on private property behind the public right-of-
way line.
45. Soils Report: Prior to issuance of any grading or building permits for the site,
applicant shall provide a Soils Report prepared by a registered geotechnical or civil
engineer to determine the required pavement section.
46. Utilities: All new 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.
47. 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.
48. 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. This property is located on the north side of Hacienda Avenue between
Capri Drive and Virginia Avenue and has not been resurfaced during the last five
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.
49. Gradinq and Drainaae Plan: Prior to issuance of any grading or building permits for
the site, the applicant shall conduct hydrology studies based on a 10 year storm
frequency, prepare an engineered grading and drainage plan, and pay fees required
to obtain necessary grading permits. The plans shall comply with the 1998 edition of
City Council Resolution
PLN2005-58 - 725 W. Hacienda Avenue-Planned Development Permit
Page 11
the California Building Code including Chapters 10, 11, 18, 33, and Appendix
Chapter 33.
50. Storm Drain Area Fee: Prior to issuance of any grading or building permits for the
site, the applicant shall pay the required Storm Drain Area fee of $2,385 per net
acre, which is $814.
51. 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 Storm water 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.
Prior to occupancy, 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:
a. The stormwater management facilities were constructed in compliance with the
approved plans.
b. The as-built drawings show all pertinent constructed dimensions, elevations,
shapes, and materials.
c. All variations in construction from the approved design plan have been identified,
including omissions to and additions from the approved plan.
d. Any changes are in conformance with local, state, or federal regulations.
52. Operation and Maintenance of Stormwater Pollution Prevention Measures: Prior to
recordation of the final map, the applicant shall execute a covenant to provide
City Council Resolution
PLN2005-58 - 725 W. Hacienda Avenue-Planned Development Permit
Page 12
security for the operation and maintenance of stormwater pollution prevention
measures installed or provided as a part of this project.
53. Covenants. Conditions. and Restrictions: Provide copies of CC&R's for review by
the City prior to recordation of the parcel map and CC&R's.
54. Demolition: Prior to recording of the Parcel Map the applicant shall obtain a
Demolition Permit to remove any nonconforming structures.
PASSED AND ADOPTED this 20th
roll call vote:
day of September
, 2005, by the following
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Burr, Hernandez, Furtado, Watson, Kennedy
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
APPRO
~ ~&{;r--
ne P. Kennedy, Mayor
ATTEST:
?L&~
Anne Bybee, City Clerk