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CC Resolution 10591 " RESOLUTION NO. 10591 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A PLANNED DEVELOPMENT PERMIT (PLN2004-111) TO ALLOW THE CONSTRUCTION OF TWO NEW SINGLE-FAMILY RESIDENCES ON PROPRETY OWNED BY MR. JACK BATES LOCATED AT 1819 W. HACIENDA AVENUE IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. HAMID ADLPARVAR, ON BEHALF OF MR. JACK BATES. FILE NO. PLN2004-111. 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 PLN2004-111: 1. The density of the proposed project site is four 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 project site is located on the north side of West Hacienda Avenue between Harriet Avenue and Del Loma Drive. 4. The subject property is located on the San Jose/Campbell city border and is surrounded by townhomes to the east and south and single-family homes to the north and west. The townhomes to the south and single-family homes to the west are in the City of San Jose. 5. The site plan proposes the construction of two single-family homes, one on each proposed lot. 6. The proposed home on Lot A is a single-story home with an attached two-car garage and the proposed home on Lot B is a two-story home with an attached two-car garage. 7. Both homes have a traditional design with well-articulated architectural features. The elevations incorporate representative architectural features of the San Tomas Neighborhood including simple rectangular shaped forms, simple hipped and gabled rooflines, and tile roof. 8. The project provides four spaces per home, two covered spaces in the garages and two uncovered in the driveways. The parking is adequate to meet the needs of the proposed development. City Council Resolution PLN2004-111 -1819 W. Hacienda Avenue Approving a Planned Development Permit Page 2 9. Standard street improvements will be installed as part of the project including curbs, gutters, sidewalks, and lighting. 10. The project qualifies as a Categorically Exempt project per Section 15303, Class 3 (New Construction or Conversion of Small Structure) 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 (PLN2004-111) to allow the construction of two single-family homes on property owned by Mr. Jack Bates located at 1819 W. Hacienda Avenue in a P-D (Planned Development) 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 City Council Resolution PLN2004-111 -1819 W. Hacienda Avenue Approving a Planned Development Permit Page 3 with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. COMMUNITY DEVELOPMENT DEPARTMENT Planning Division: 1. Approved Proiect: Approval is granted for a Planned Development Permit to allow the construction of two new single-family homes located at 1819 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 stamped as received by the Planning Division on September 22, 2005. b. Colored elevation and material board stamped as received by the Planning Division on September 22, 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. Recordation of 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 for review and approval, prior to the issuance of building permits. The landscape and irrigation plan shall substantially conform to the approved conceptual landscape plan and the City's Water Efficient Landscaping Standards (WELS) and shall include all replacement trees as required for the Tree Removal Permit. 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 City Council Resolution PLN2004-111 -1819 W. Hacienda Avenue Approving a Planned Development Permit Page 4 approval by the Community Development Director prior to the issuance of building permits. 6. Park Impact Fee: A park impact fee, based on a density range of less than six units per gross acre, is due upon development of the site. Credit shall be given for any existing single-family residence if the residence is demolished less than two years prior to the payment of the required fee. 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 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. On-Site Liohtino: Any proposed on-site lighting shall be shielded away from adjacent properties and directed on site. The design, type, lighting intensity, and location of any exterior lighting fixtures shall be reviewed and approved by the Community Development Director prior to issuance of a building permit for such lighting. Lighting fixtures shall be of a decorative design to be compatible with the development and shall incorporate energy saving features. 10. Parkinq and Drivewavs: 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 paving treatment within the walkways and driveways for the homes. The design and materials used for the decorative pavement shall be indicated on the building permit plans and shall be reviewed and approved by the Community Development Director prior to the issuance of building permits. 11. 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 the issuance of building permits. 12. Utilities: All new on-site utilities shall be installed underground per section 21.18.140 (Undergrounding of Utilities) of the Campbell Municipal Code. City Council Resolution PLN2004-111 -1819 W. Hacienda Avenue Approving a Planned Development Permit Page 5 13. 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. 14. Construction Hours: Construction activities shall be limited to the hours of 8:00 a.m. to 5:00 p.m. weekdays and 9:00 a.m. to 4:00 p.m. Saturdays. Construction is prohibited on Sundays and City Holidays unless an exception is granted by the Building Official. Building Division: 15. Permits Required: A building permit application shall be required for each new detached dwelling. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 16. 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. 17. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 18. Size of Plans: The size of construction plans submitted for building permits shall be 24 inches by 36 inches. 19. 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. 20. 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. 21. 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 City Council Resolution PLN2004-111 -1819 W. Hacienda Avenue Approving a Planned Development Permit Page 6 b. c. finish floor elevation (first floor) foundation corner locations 22. 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. 8Y2 X 11 calculations shall be submitted to the Building Division. 23. 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. 24. 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. 25. 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. 26. 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. 27. 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) Hi. 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 PLN2004-111 -1819 W. Hacienda Avenue Approving a Planned Development Permit Page 7 FIRE DEPARTMENT 28. 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 not 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. 29. 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. 30. Fire Apparatus (Enqine) Access Drivewav Required: Provide an access driveway with a paved all weather surface, a minimum unobstructed width of 12-feet, vertical clearance of 13 feet, six inches. Installations shall conform to Fire Department Standard Details and Specifications Sheet D-1. 31. 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 32. 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, pay various fees/deposits and submit the map in a digital format acceptable to the City. 33. Preliminary Title Report: Upon submittal of the parcel map, the applicant shall provide a current (within the past 6 months) Preliminary Title Report. 34. 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. 35. Occupancy: Prior to allowing occupancy 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. 36. Maintenance of Landscapinq: Owner(s), current and future, are required to maintain the landscaped park strip and tree wells in the public right of way. This includes, but is not limited to: trees, lawn, plantings, irrigation, etc. Trees shall not be pruned in a manner that would not allow the tree to grow to a mature height. City Council Resolution PLN2004-111 - 1819 W. Hacienda Avenue Approving a Planned Development Permit Page 8 37. 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. 38. 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. 39. Utilities: All on-site utilities shall be installed underground per Section 21.18.140 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. 40. Utilitv 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. 41. 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. 42. Gradinq and Drainaqe Plan: Prior to issuance of any grading or building permits for the site, the applicant shall conduct hydrology studies based on a ten-year storm frequency, prepare an engineered grading and drainage plan, and pay fees required to obtain necessary grading permits. The plans shall comply with the 1998 edition of the California Building Code including Chapters 10, 11, 18, 33, and Appendix Chapter 33. 43. Storm Drain Area Fee: Prior to recordation of the parcel map, the applicant shall pay the most current Storm Drain Area fee, currently set at $2,120.00 per net acre, which is $954.00. 44. 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 City Council Resolution PLN2004-111 -1819 W. Hacienda Avenue Approving a Planned Development Permit Page 9 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 Storm water Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. 45. Demolition: Prior to recording of the parcel map the applicant shall obtain a demolition permit and remove any nonconforming structures. 46. Street Improvements: Prior to recordation of the parcel map, the applicant shall execute a street improvement agreement, cause plans for public street improvements to be prepared by a registered civil engineer, pay various fees and deposits, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City Engineer. The plans shall include the following: a. Show location of all existing utilities within the new and existing public right of way. Relocation of all existing utilities including utility boxes, covers, poles, etc. outside of sidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk area. Removal of existing pavement structural street section to centerline. Installation of City approved street trees at 30 feet on center and landscaping turf. b. c. d. e. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway approaches. Installation of new engineered pavement structural section to centerline, as required by the City Engineer. I nstallation of asphalt concrete overlay per street pavement restoration plan for utility installation and/or abandonment, as required by the City Engineer. Installation of streetlights, conduits, conductors and related facilities in accordance with the City of Campbell's Street Lighting Policies. Installation of traffic control, stripes and signs. f. g. h. 1. City Council Resolution PLN2004-111 -1819 W. Hacienda Avenue Approving a Planned Development Permit Page 10 J. Construction of conforms to existing public and private improvements, as necessary. PASSED AND ADOPTED this 15th roll call vote: day of November 2005, by the following AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Burr, Hernandez, Furtado, Watson, Kennedy None None None APPROVE //1 //~ A TT EST: ---f..t..~ / ne Bybee, City Clerk