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PC Res 3695 RESOLUTION NO. 3695 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A PLANNED DEVELOPMENT PERMIT (PLN2005-89) TO ALLOW THE CONSTRUCTION OF EIGHT SMALL-LOT SINGLE-FAMILY RESIDENCES ON PROPERTY OWNED BY KIRKORIAN ENTERPRICES, LLC, LOCATED AT 1859 BUCKNALL ROAD AND 145 FULTON STREET IN A C-1-S (NEIGHBORHOOD COMMERCIAL) AND R-2-S (MULTIPLE FAMILY RESIDENTIAL) ZONING DISTRICT. APPLICATION OF MR. MIKE MUSSANO, ON BEHALF OF WARD- YOUNG ARCHITECTURE AND PLANNING. FILE NO. PLN2005-89. 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 Planning Commission did find as follows with respect to application PLN2005-89: 1. The development of the proposed project will result in a use that is consistent with proposed Low to Medium Density Residential General Plan land use designation. 2. The maximum density allowed under the General Plan is 13 units per gross acre. The proposed project results in a density of 9.3 units per gross acre. 3. Small lot single-family developments in the City are required to be located within a PD (Planned Development) Zoning District. The proposed project is consistent with the PD Zoning District with the approval of a Planned Development Permit. 4. The project plans illustrate the construction of 8 residential units and related parking, circulation and landscaping improvements. The proposed homes are two stories in height. 5. The project consists of a 17,901 square-foot building of building area, with a building coverage of 42%, landscaping coverage of 37% and paving coverage of 21 %. 6. The project has a Floor Area Ratio (FAR) of .68. 7. The project provides adequate parking through the provision of 31 parking spaces, equivalent to 3.8 spaces per unit. Provisions are included in the C, C & R's that require garage parking to remain available for parking. 8. Land uses surrounding the project site include four lexes to the north and the east, and single-family uses to the south and the west. 9. The proposed project provides a total of 9,636 square feet of open space, equivalent to an average of 1,204 square feet per unit. Planning Commission Resolution No. 3695 PLN2005-89 - 1859 Bucknall Road & 145 Fulton Street Recommending Approval of a Planned Development Permit Page 2 10. The design of the buildings is compatible with other recently approved residential projects in the Low-Medium Density residential range and relates well with the surrounding neighborhood. Buildings are well articulated and utilize high quality building materials. 11. 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 Planning Commission 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 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 Planning Commission recommends approval of a Planned Development Permit (PLN2005-79) to allow the construction of eight small-lot single-family residences on property owned by Kirkorian Enterprises, LLC, subject to the following conditions: Planning Commission Resolution No. 3695 PLN2005-89 - 1859 Bucknall Road & 145 Fulton Street Recommending Approval of a Planned Development Permit 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 Planning Division: 1. Approved Project: Approval is granted to construct an 8-unit residential development on properties located at 1859 Bucknall Rd. and 145 Fulton Street. The building design 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 Ward Young Architect, dated October 7, 2005 and November 16, 2005, including a grading and drainage plan, site plan, floor plans, unit plans and building elevations consisting of 15 sheets. b. Color/material board submitted by Ward Young Architects. c. Conceptual Site Plan/Landscape Plan prepared by Ward Young Architects. d. Tentative Subdivision Map prepared by Kenneth Nelson, RC.E., dated October 11 , 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. Tentative Subdivision Map: The Planned Development Permit 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 permits. 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. Formation of a Homeowner's Association to ensure the long-term maintenance of shared driveway(s), front yard landscaping and fencing. Planning Commission Resolution No. 3695 PLN2005-89 - 1859 Bucknall Road & 145 Fulton Street Recommending Approval of a Planned Development Permit Page 4 b. Continued architectural controls to ensure the architectural integrity of the project. c. Definition of common landscape areas to be maintained and provision of maintenance for these areas. d. A funding mechanism to ensure maintenance and upkeep of common landscape areas and shared access facilities. e. On-going maintenance of the required front yard landscaping for the project. f. Requirement for the availability of garage space for the parking of vehicles at all times. g. A prohibition on 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 permits, for review and approval by the Community Development Director. The landscape and irrigation plan shall substantially conform with the approved conceptual landscape plan and the City's Water Efficient Landscaping Standards (WELS) and shall include the following changes: a. All new street trees in front landscape areas and along the street shall be twenty- four inch box sizes. All other new trees shall be minimum 15 gallon. b. The applicant shall provide decorative pavement (e.g. pavers or brick) within driveway aprons. The design, materials and color to be used for the decorative pavement shall be reviewed and approved by the Community Development Director. 6. BuildinQ 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 permits. Project details include, but are not limited to, the following: a. Specifications for the colors and materials of the building and architectural details. b. Window schedules for high quality windows and window treatments. c. Details of porches and garage doors. 7. Parkina 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. Planning Commission Resolution No. 3695 PLN2005-89 - 1859 Bucknall Road & 145 Fulton Street Recommending Approval of a Planned Development Permit Page 5 8. Fences: Any newly proposed fencing and/or walls shall comply with Section 21.18.050 of the Campbell Municipal Code and the approved site plan and shall be reviewed and approved by the Community Development Director prior to issuance of any building permits for the project. The fencing plan shall include the following: a. Details of the decorative picket fences; b. Details of wood fencing along the development perimeter and within the development. 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. Uniform Fire Code). 10. Utility Boxes and Back-Flow Pre venters: The applicant shall submit a plan prior to issuance of building permits of PG&E transformers 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. A utility plan shall be submitted for review and approval of the Community Development Director, prior to the issuance of Building Permits. 11. Contractor Contact Information Postina: 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 grading or building permits. 12. 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 legally existing residential 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. 13. On-site IiQhtinQ: On-site lighting shall be shielded away from adjacent properties and directed on site. The design and type of lighting fixtures, placement 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 permits for the project. Lighting fixtures shall be of a decorative design and shall be compatible with the development and shall incorporate energy saving features. Low- intensity, downward-directed lightjng shall be used in all outdoor areas within the project site. 14. ArchaeoloQical Resources: If deposits of prehistoric or historical archaeological materials are encountered curing project construction activities, all work within 50 Planning Commission Resolution No. 3695 PLN2005-89 - 1859 Bucknall Road & 145 Fulton Street Recommending Approval of a Planned Development Permit Page 6 feet of the discovery shall be redirected and a qualified archaeologist shall be contacted to evaluate the discoveries and make recommendations regarding their potential significance and extent throughout the site. If such deposits cannot be avoided, they shall be evaluated for their California and National Register eligibility. If the deposits are not eligible, additional mitigation is not necessary. If the deposits are eligible, they shall be avoided or adverse project effects shall be mitigated. Upon completion of the archaeologist's evaluation, a report shall be prepared documenting the methods and results of the research, and recommendations for additional mitigation. The report should be submitted to the City of Campbell and the Northwest Information Center (NWIC) at Sonoma State University. 15. Human Burial or Skeletal Element Discoverv: 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 formulate an appropriate treatment plan for the find, which might include, but not be 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. 16. PaleontoloQical Resources: If 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 paleontologist shall be contacted to evaluate the situation. A licensed 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. 17. Noise MitiQation: General construction noise shall be limited to between the hours of 8:00 a.m. and 5:00 p.m. on Monday through Friday and between the hours of 9:00 a.m. and 4:00 p.m. on Saturday. No construction on Sundays. 18. Construction Mitiaation Measures: The following practices should be followed during all phases of site preparation and construction activities: a. 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 permit. These truck routes shall avoid access to the project site via residential streets where possible. Planning Commission Resolution No. 3695 PLN2005-89 -1859 Bucknall Road & 145 Fulton Street Recommending Approval of a Planned Development Permit Page 7 b. All construction equipment with internal combustion engines used on the project site shall be properly muffled and maintained in good working condition. c. Unnecessary idling of internal combustion engines shall be strictly prohibited. d. 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. e. Prior to the issuance of building permits, 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. f. Construction equipment, vehicles, and workers associated with the development of the project shall not be permitted to park on any residential streets. g. The "Basic Measures" and the "Enhanced Measures" listed in Table 1 from BAAQMD CEQA Guidelines, 1999, shall be incorporated into the construction plans and implemented for the proposed project. The "Optional Measures" listed below shall also be incorporated. The City shall review the construction plans to ensure these measures have been incorporated: h. Install wheel washers for all existing trucks, or wash off all trucks and equipment prior to leaving the site; I. Suspend excavation and grading activity when winds exceed 25 miles per hour; and J. Limit the area subject to excavation, grading and other construction activity to 2 acres at anyone time. Building Division: 19. Permits Required: A building permit application shall be required for each proposed new dwelling structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 20. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 21. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 inches by 36 inches. 22. 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. Planning Commission Resolution No. 3695 PLN2005-89 - 1859 Bucknall Road & 145 Fulton Street Recommending Approval of a Planned Development Permit Page 8 23. 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. 24. 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. 25. 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 26. 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 also be submitted. 27. Special Inspectjons; When a special jnspection is required by UBC 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 UBC Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 28. Santa Clara Valley Non-Point Source Pollution Control ProQram; 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 inches by 36 inches) is available at the Building Division service counter. 29. Approvals Required; The project requires the following agency approval prior to issuance of the building permit: a. West Valley Sanjtation District (378-2407) b. Santa Clara County Fire Department (378-4010) c. School District:* i. Campbell Union School District (378-3405) Planning Commission Resolution No. 3695 PLN2005-89 - 1859 Bucknall Road & 145 Fulton Street Recommending Approval of a Planned Development Permit Page 9 II. iii. iv. Campbell Union High School District (371-0960) Moreland School District (379-1370) 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. d. Bay Area Air Quality Management District (Demolitions only) (415-771-6000) 30. PG&E: Applicant is advised to contact Pacific Gas & Electric Company as early as possible in the approval process. Service installations, changes and/or relocation may require substantial scheduling time and can cause significant delays in the approval process. Applicant should also consult with PG&E concerning utility easements, distribution pole locations and required conductor clearances. 31. 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 as per condition No.5 of this approval. FIRE DEPARTMENT 32. Required Fire Flow: The fire flow for this project is 1000 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. 33. Fire Apparatus (EnQine) Access Roads Required; Provide an access driveway (Lots 5,6,and 7) with a paved all weather surface, a minimum unobstructed width of 12 feet, vertical clearance of 13 feet, 6 inches. Installations shall conform to Fire Department Standard Details and Specifications Sheet D-1 . 34. Timinq of Required Roadwav 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 may be withheld until installations are completed. Temporary access roads may be approved on a case by case basis. 35. 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. Planning Commission Resolution No. 3695 PLN2005-89 - 1859 Bucknall Road & 145 Fulton Street Recommending Approval of a Planned Development Permit Page 1 0 PUBLIC WORKS 36. Final Map: Prior to issuance of any grading or building permits for the project, the applicant shall submit a final map for review by the City and recordation, upon approval by the City Council and submit the map in a digital format acceptable to the City. 37. Preliminary Title Report: Upon submittal of the tentative map, the applicant shall provide a current Preliminary Title Report. 38. Private Easements: Upon recordation of the final map, the applicant shall cause private easements to be recorded for private utilities, private storm drains, reciprocal ingress and egress, emergency vehicles, etc. 39. Monumentation for Final Map: Prior to recordation of the final 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. 40. 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 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 utilities including utility boxes, covers, poles, etc. outside of sidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk area. c. Removal of existing driveway approach and necessary sidewalk, curb and gutter as required by the Engineer. d. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway approaches and curb ramps on Bucknall Road and Fulton Street as necessary. e. Installation of street trees and irrigation at 30 feet on center along Bucknall Road and Fulton Street. f. Installation of City standard benchmark. g. Installation of monument wells. h. Installation of streetlights, conduits, conductors and related facilities in accordance with the City of Campbell's Street Lighting Policies along Bucknall Road, and Fulton Street. i. Installation of traffic control, stripes and signs as necessary. Planning Commission Resolution No. 3695 PLN2005-89 - 1859 Bucknall Road & 145 Fulton Street Recommending Approval of a Planned Development Permit Page 11 j. Construction of conforms to existing public and private improvements, as necessary. k. Permits will be required from the City of San Jose and Santa Clara Valley Water District for utility, sanitary sewer and storm sewer connections including trench restoration on Bucknall Road. Note that the proposed sanitary and storm connections on Bucknall Road is in San Jose jurisdiction and may also be in conflict with the 20" SCVWD central pipeline. It shall be the owner's responsibility in obtaining and complying with the requirements of these permits. 41. 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. 42. 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. 43. ~eter(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. 44. 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. 45. 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. 46. 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. 47. 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. Bucknall Road or Fulton Avenue have not been reconstructed or Planning Commission Resolution No. 3695 PLN2005-89 - 1859 Bucknall Road & 145 Fulton Street Recommending Approval of a Planned Development Permit Page 12 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. 48. Gradina and Drainaae 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. A grading and drainage certificate prepared by the licensed civil engineer or land surveyor shall be submitted to the City Engineer upon project completion. This certificate shall certify that final grading is in compliance with the approved grading and drainage plan. 49. Storm Drain Area Fee: Prior to recordation of the final map, the applicant shall pay the required Storm Drain Area fee of $2,385.00 per net acre, which is $1,531.00. 50.Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding stormwater pollution prevention. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay. Resources to achieve these objectives include Stormwater Best Management Practices Handbook for New Development and Redevelopment ("CA BMP Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for Stormwater Quality Protection ("Start at the Source") by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Stormwater Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. 51. Demolition: Prior to recording of the final map the applicant shall obtain a demolition permit and remove any nonconforming structures. Planning Commission Resolution No. 3695 PLN2005-89 -1859 Bucknall Road & 145 Fulton Street Recommending Approval of a Planned Development Permit Page 13 PASSED AND ADOPTED this 13th day of December, 2005, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Alderete, Doorley, Ebner, Francois and Roseberry Gibbons and Rocha None None APPROVE' Ø, ¿ça-J ATTEST: Á f~ ./ . Sharon Fierro, Secretary