PC Res 3461RESOLUTION NO. 3461
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A
PLANNED DEVELOPMENT PERMIT (PLN2002-93) TO ALLOW
THE CONSTRUCTION OF FOUR TOWNHOMES ON PROPERTY
OWNED BY MR. MARK EDWARDS LOCATED AT 705 W.
HACIENDA AVENUE IN AN R-D-S (TWO FAMILY DISTRICT)
ZONING DISTRICT. APPLICATION OF MR. MARK EDWARDS,
ON BEHALF OF STONECREEK DEVELOPMENT GROUP. FII~E
NO. PLN2002-93.
After notification and public heating, 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 PLN2002-93:
1. The density of the proposed project site is 9.3 units per gross acre, which is consistent with
the General Plan land use designation of Low to Medium Density Residential (6-13 units per
gross acre).
2. The proposed project is consistent with the Planned Development Zoning Ordinance.
The site plan proposes the construction of four townhomes each on individual lots. All of the
residences take vehicular access from West Hacienda Avenue via a 20-foot wide, two-way
common driveway running along the eastern property line.
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 are enclosed by a "good neighbor" type 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.
5. The project provides 14 off-street parking spaces, where 14 spaces are required.
6. The completed project would consist of four new townhomes 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 51%.
The proposed project is surrounded by other residential uses with a single-family residence to
the north, a duplex to the south, townhomes to the east and a single family residence to the
west.
9. The proposed massing and design of the buildings are consistent with other developments in
the surrounding area.
10. The project qualifies as Categorically Exempt under Section 15303, Class 3 (b) of the
California Environmental Quality Act (CEQA).
Planning Commission Resolution No. 3461
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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.
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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.
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 (PLN2002-93) to allow the construction of four townhomes on
property owned by Mr. Mark Edwards located at 705 W. Hacienda Avenue, 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.
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
1. Approved Project: Approval is granted for a Planned Development Permit to allow the
construction of four townhomes located at 705 West Hacienda Avenue. The building designs
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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 Glush Design Associates and received by the Planning Division
on August 29, 2002, including a site plan, building elevations, floor plans, roof plans,
fencing plan and a conceptual landscaping plan.
b. Colored elevation and material board submitted by Mark Edwards received by the
Planning Division on July 22, 2002.
c. Tentative Parcel Map and Conceptual Grading and Drainage Plan prepared by Survey
Construction Staking Company, Inc. and received by the Planning Division on August
29, 2002.
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.
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.
Landscaping: The applicant shall submit four sets of landscape and irrigation plans to the
Planning Division, prior to the issuance of building permits, for review and approval by the
Community Development Director. Landscape and irrigation plans shall be consistent with
the Conceptual Landscape Plan already submitted and the City's Water Efficient
Landscaping Standards (WELS).
Tree Protection Plan: The applicant shall submit a tree protection plan in accordance with
the City's Water Efficient Landscape Standards (WELS) for all protected trees to be retained
on site, and shall contain specific information 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 permits. The tree protection measures shall be installed prior to any
demolition, grading, or building on the project site.
Park Impact Fee: A park impact fee of $7,035 per unit is due upon development of the site.
Credit in the amount of $10,990 will be given for the existing single-family residence. 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.
Fences: 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.
Any newly proposed fencing shall comply with Section 21.59.090 of the Campbell
Municipal Code.
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Property 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).
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 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 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 Mitigation Measures: The applicant shall implement the following construction
mitigation measures:
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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.
b. No pile driving is allowed for construction of the project.
c. All internal combustion engines for construction equipment used on the site will be
properly muffled and maintained.
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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.
e. All active construction areas shall be watered at least twice daily.
f. Cover all trucks hauling soil and other loose materials stationed or prior to leaving the
site.
g. Pave, apply water, or apply non-toxic soil stabilizers on all unpaved surfaces, and staging
areas at the construction site.
12. Parking and Driveways:
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All parking and driveway areas shall be developed in compliance with Chapter 21.50 of
the Campbell Municipal Code.
The applicant shall provide a decorative pavement material within the common access
driveway, uncovered parking spaces and walkways. The design and material to be used
for the decorative pavement shall be reviewed and approved by the Community
Development Director prior to issuance of building permits for the project.
13. Covenants, Codes and Restrictions (CC&Rs): Prior to recordation of the Parcel Map, the
applicant shall submit for review and approval by the City Attorney and Community
Development Director a copy of the draft CC&Rs which shall include the following:
a. The formation of a homeowner's association to ensure the long-term maintenance of the
buildings and property.
b. Continued architectural controls to ensure the architectural integrity of the project.
c. Definition of common areas to be maintained and provision of maintenance for these
areas, including the common access driveway.
d. Provision of a funding mechanism to ensure maintenance and upkeep of common areas
and shared building walls and roofs to be repaired, repainted, and/or replaced as
necessary.
e. Provision for the availability of an interior garage space for the parking of two vehicles at
all times and no parking in the driveway.
14. Contractor Contact Information 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 permits.
Building Division
15. Permits Required: A building permit application shall be required for each proposed new
living unit. 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 minimum size of construction plans submitted for building permits shall
be 24 in. X 36 in.
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
Planning Commission Resolution No. 3461
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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
b. finish floor elevation (first floor)
c. foundation corner locations
22. Title 24 Energy Compliance: California Title 24 Energy Compliance forms CF-iR and MF-
1R shall be blue-lined on the construction plans. 8V2 X 11 calculations shall be submitted as
well.
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. 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
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District payment form from the City Building Division, after the Division has approved
the building permit application.
COUNTY FIRE DEPARTMENT
26. 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.
27. 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. Installations shall conform with Fire Department Standard Details and Specifications
sheet A-1. Note: A Fire Department turnaround is not required in this application as the
inward travel distance from the street does not exceed 150 feet.
28. 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 the site until installation is
complete. During construction, emergency access roads shall be maintained clear and
unimpeded. Note that building permit issuance will be withheld until installations are
complete.
29. 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.
30. Fire Lane Marking Required: Roadways deemed necessary to facilitate emergency vehicle
access, shall be identified in accordance with Fire Department Standards Details and
Specification A-6 and Local Government Standards.
PUBLIC WORKS DEPARTMENT
31. Tentative Parcel Map: The applicant shall submit a complete and accurate Tentative Parcel
Map in accordance with the Planning Division's checklist. The current application
processing fee is $2,489.00.
32. Parcel Map: Prior to issuance of any building permits for the project, the applicant shall
submit a Parcel Map for recordation upon approval by the City. The current plan check fee is
$1,240.00 plus $25 per parcel.
33. Preliminary Title Report: Upon submittal of the Tentative Parcel Map, the applicant shall
provide a current Preliminary Title Report.
33. Public Service Easement: Prior to 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
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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. Easements: Prior to recordation of the Parcel Map, the applicant shall cause Easements to be
recorded for private utilities, private storm drains, reciprocal ingress and egress, etc.
35. Monumentation for Parcel Map: Prior to recordation of the Parcel Map, the applicant shall
provide security for setting all monuments shown on the map.
36. Street Improvements: Prior to recordation of the Parcel Map, the applicant shall execute a
street improvement agreement and shall cause plans for public street improvements to be
prepared by a registered civil engineer, pay fees, 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 fee for a non-utility encroachment
permit is $260.00. The plans shall include the following:
a. Construction of ADA compliant driveway approach.
b. Construction of curb, gutter, and sidewalk along the property frontage including
modification of said improvements to preserve the existing 30-inch in diameter Cedar
tree.
c. Installation of street trees and irrigation at about 40 feet on center.
d. Installation of a street light in accordance with the Street Lighting Policies of the City of
Campbell.
e. Construction of new pavement across the property frontage to the street centerline of
Hacienda Avenue.
f. Installation of traffic controls, stripes, and signs as appropriate.
g. Protection and relocation of utilities as necessary.
h. Construction of conforms to existing public and private improvements as necessary.
37. 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.
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 to determine
the required pavement section.
39. Utilities: All new on-site Utilities shall be installed underground per Section 20.36.150 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. Utility Installation Plan: Prior to issuance of building permits for the site, the applicant shall
submit a Utility Installation Coordination Plan and Schedule for approval by the City
Planning Commission Resomtion No. 3461
PLN2002-93 - 705 W. Hacienda Avenue--Planned Development Permit
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Engineer for installation of street improvements and/or abandonment of all utilities. Streets,
which have been resurfaced within the previous 5 years, will require boring and jacking for
all new utility installations. Applicant shall also prepare pavement restoration plans for
approval by the City Engineer prior to any utility installation or abandonment.
41. Grading and Drainage 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 the California Building Code
including Chapters 10, 11, 18, 33, and Appendix Chapter 33.
42. 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, which is $2,250 per acre.
43. Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building
permits, the applicant shall comply with the National Pollution Discharge Elimination
System (NPDES) permitting requirements and the California Storm Water Best Management
Practices handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley
Water District and the City of Campbell Municipal Code regarding Storm Water Pollution
Prevention.
44. Covenants, Conditions, and Restrictions: Provide copies of CC&Rs for review by the City
prior to recordation of the Parcel Map and CC&Rs.
45. Demolition: Prior to recording of the Parcel Map the applicant shall obtain a Demolition
permit to remove any nonconforming structures.
46. Site Plan: Upon submittal of a formal application, the developer shall provide a complete
and accurate Site Plan in accordance with the Planning Division's checklist.
PASSED AND ADOPTED this 24th day of September, 2002, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Commissioners: Alderete, Francois, Gibbons, Hemandez, Jones and Rocha
Commissioners: None
Commissioners: Doorley
Commissioners: APPROVNone T~~F ,~~~ r~
om rancois, Chair~./
~aron Fierro, Secretary