PC Res 3352RESOLUTION NO. 3352
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A
PLANNED DEVELOPMENT PERMIT (PLN2001-29) TO ALLOW
THE CONSTRUCTION OF SIX TOWNHOMES ON PROPERTY
LOCATED AT 206 SHELLEY AVENUE. APPLICATION OF MR.
MICHAEL ROCKHOLD, ON BEHALF OF MR. ROBERT
DUBCICH. FILE NO. PLN2001-29.
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 PLN2001-29:
1. The proposed Planned Development Permit is consistent with the General Plan designation
for the site.
The proposed density of 11.1 units per gross acre is no greater than the density allowance of
6-13 units per gross acre permitted in the R-M-S (Multiple-Family Residential) Zoning
District.
Six units could also be constructed in an R-M-S Zoning District.
The site plan proposes the construction of six (6) attached townhouse units within three
building groups that are accessed by a 20-foot wide common driveway along the east
property line. The northerly unit has direct frontage onto Shelley Avenue and has a front yard
setback of approximately 15 feet from the back of sidewalk. Each of the units has a private
rear yard with a minimum depth of 10 feet and an "L" shaped yard that wraps around the
proposed townhouse units. Proposed landscaping will occupy approximately 30 percent to
the project site.
5. The proposed townhouse development consists of three two-story buildings. All three
buildings have a stucco wall exterior, stucco foam trim and hipped/gabled roofs with
composition shingles.
6. The project provides 24 on-site parking spaces.
7. The project has a floor area ratio of.64.
8. The project is surrounded by townhouse developments on the north and west sides, a
commercial center on the south side, and a two-story office building on the east side.
9. The proposed massing and design is consistent with other developments in the surrounding
area and is consistent with the development standards for residential uses.
10. An initial study was prepared for this project and no significant environmental impacts were
found.
o
Planning Commission Reso,ution No. 3352
PLN2001-29 - 206 Shelley Avenue- Planned Development - Six Townhome Units
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Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The proposed development and uses clearly will result in a more desirable environment and
use of the land than would be possible under any other zoning classification.
2. The development and uses 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; and
4. The proposed development will not be detrimental to the health, safety or welfare of the
neighborhood or the City as a whole.
5. No substantial evidence has been presented which shows that the project, as currently
presented, and subject to the required conditions of approval, will have a significant adverse
impact on the environment.
The applicant is hereby notified, as part of this application, that he/she is required to meet the
following conditions in accordance with the ordinances of the City of Campbell and the State of
California. The lead department with which the applicant will work is identified on each
condition where necessary. 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 a 6-unit townhouse project consisting of
three (3) two-story buildings. 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. Set of plans prepared by MIR Architects received on April 23, 2001, including building
elevations, site plan, and a conceptual landscape plan. However, project site plan shall be
revised, flipping the orientation of the buildings and driveway. The buildings will be
along the eastern property line, adjacent to the commercial parking lot, and the driveway
shall be located at the western property line, directly adjacent to the neighboring
townhome development.
b. Color elevation and site plan submitted by MIR on April 23, 2001.
c. Applicant to submit revised plans to the Planning Division for the review and approval of
the Community Development Director prior to the issuance of Building Permits. Revised
plans to address the following:
Planning Commission Reso,.,tion No. 3352
PLN2001-29 - 206 Shelley Avenue- Planned Development - Six Townhome Units
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1) The window shape and placement over the garages shall be revised to reduce the
apparent size of the proposed stucco wall;
2) The arrangement and size of the windows and porch of the building elevation along
the Shelley Avenue frontage shall be enhanced to strengthen the orientation of the
front unit; and
3) The massing of the second floor bedrooms over the garages at the rear two town-
home units shall be reduced.
4) Site Plan layout to be revised to provide the driveway along the western property line
and the backing of the townhome units along the eastern property line.
Within this one-year of approval, a building permit must be obtained and construction
completed one year thereafter or the Planned Development Permit shall be void.
2. 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 for compliance with all applicable conditions of approval,
ordinances, laws and regulations. Landscape and irrigation plans shall be consistent with the
City's Water Efficient Landscaping Standards (W-ELS). The plans must also incorporate the
following:
a. All trees shall be a minimum twenty-four inch box sized container and all shrubs shall be
minimum 5-gallon containers.
b. Landscaping plan to provide a variety of trees, shrubs and ground cover.
3. Parking and Driveways:
a. All parking and driveway areas shall be developed in compliance with Chapter 21.50 of
the Campbell Municipal Code.
b. The applicant shall provide decorative pavement within the driveway and in front of the
garages where uncovered parking spaces are provided in the development. The design
and materials to be used for the decorative pavement shall be reviewed and approved by
the Community Development Director for compliance with all applicable conditions of
approval, ordinances, laws and regulations prior to issuance of building permits for the
project.
4. Covenants, Codes and Restrictions (CC&Rs): The applicant shall be required to submit for
review and approval by the City Attorney and Community Development Director a copy of
the CC&Rs which shall include the following:
a. Formation of a homeowner's association to ensure the long-term maintenance of
buildings and properties.
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 driveway and grass cell fire truck turnaround area.
Planning Commission Reso,,aion No. 3352
PLN2001-29 - 206 Shelley Avenue- Planned Development - Six Townhome Units
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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 interior garage space for the parking of two (2) vehicles
at all times.
f. Provision to prohibit use of uncovered parking spaces for outdoor storage purposes.
5. Park Impact Fee: A park impact fee of $7,035 per unit is due upon development of the
townhouse project. Credit in the amount of $10,990 will be given for the previously existing
single-family residence, if removed within two years of project commencement. Prior to
recordation of the final subdivision map, 75% of this fee is due. The remaining 25% is due
prior to issuance of a certificate of building occupancy.
6. Fences: Any newly proposed fencing shall comply with Section 21.59.090 of the Campbell
Municipal Code.
7. Property Maintenance: The property is to be maintained free of any combustible trash, debris
and weeds until the time that actual construction commences. All 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).
8. 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 Planning Division.
9. 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. Lighting fixtures shall be of a
decorative design to be compatible with the residential development and shall incorporate
energy saving features.
Building Division:
10. Permits Required: A building permit application shall be required for each proposed new structure.
The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the
permit.
11. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of
construction plans submitted for building permit.
12. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in.
X 36 in.
13. 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
Planning Commission Resomtion No. 3352
PLN2001-29 - 206 Shelley Avenue- Planned Development - Six Townhome Units
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soils mechanics. Soils report shall certify that this property is free of contamination by any
hazardous materials.
14. 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.
15. 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 comer locations
16. Title 24 Energy Compliance: California Title 24 Energy Compliance forms CF-IR and MF-1R shall
be blue-lined on the construction plans. 8 X 11 calculations shall also be submitted.
17. 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.
18. Water 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.
19. 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. School District: (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.)
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)
Planning Commission Reso,,,tion No. 3352
PLN2001-29 - 206 Shelley Avenue- Planned Development - Six Townhome Units
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FIRE DEPARTMENT:
20. Required Fire Flow: The required fire flow for this project has been calculated at 1,000 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.
21. Premises Identification: Approved numbers or addresses shall be placed on all new
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.
22. Parking Along 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.
For roadways equal to or greater than 36 feet, parking will be allowed on both sides of the
roadway. Roadway widths shall be measured curb face to curb face, with parking space
based on an 8-foot width.
23. Fire Access Road 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, and a maximum slope of 15%.
24. Fire Lane Marking Required: Provide marking for all access roadways within the project.
Markings shall be per Fire Department Standard Details and Specification A-6, and also
conform to Local Government Standards.
25. Timing of Required Roadway Installations: Either an on-site fire hydrant OR an approved
residential fire sprinkler system shall be installed within units #4,5 & 6 to satisfy the access
and turn-around issues. The applicant had previously indicated the intent to install an on-site
fire hydrant to mitigate the fire department turn-around. If so desired, the hydrant may be
substituted with the installation of fire sprinklers within the three most distant units (4,5 & 6).
PUBLIC WORKS DEPARTMENT
26. Tentative Map: The applicant shall submit a Tentative Map for review by the City. The
current application processing fee is $3,375.00.
27. 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. The current plan check fee is $1,450.00 plus $25 per lot.
28. Preliminary Title Report: Prior to recordation of the Tract Map, the applicant shall provide a
current Preliminary Title Report.
29. Right-of-Way for Public Street Purposes: Prior to recordation of the Final Map, the applicant
shall grant additional Right-of-Way for Public Street Purposes along the Shelley Avenue
frontage to accommodate a 30-foot half street for a total width of 60 feet. 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.
30. Public Service Easement: Upon recordation of the ~Final Map, the applicant shall grant a 10 -
foot public service easement on private property contiguous with the public right-of-way
along the Shelley Avenue frontage. The applicant shall cause all documents to be prepared
Planning Commission Reso,.don No. 3352
PLN2001-29 - 206 Shelley Avenue- Planned Development - Six Townhome Units
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by a registered civil engineer/land surveyor, as necessary, for the City's review and
recordation.
31. Easements: Upon recordation of the Final Map, the applicant shall cause Easements to be
recorded for private utilities, private storm drains, reciprocal ingress and egress, etc.
32. Monumentation: Prior to recordation of the Final Map, the applicant shall provide security
guaranteeing the cost of setting all Monuments shown on the map, as determined by the City
Engineer.
33. Street Improvements: Prior to recordation of the Final 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 plans shall include the following:
a. Removal of existing driveway approach.
b. Removal of existing curb, gutter and sidewalk, as necessary.
c. Construction of new curb, gutter, sidewalk and ADA compliant driveway approach.
d. Installation of surface treatment or reconstruction of one-half street pavement section as
determined by City Engineer based on field testing of existing pavement.
e. Construction of street trees, tree wells and irrigation at 40 feet on center.
f. Construction of traffic control, stripes and signs.
g. Installation of streetlights, conduits, conductors and related facilities in accordance with
the City of Campbell's Street Lighting Polices.
h. Construction of off-site storm drainage facilities.
i. Reconstruction of existing pavement, plus conforms at the centerline and at the easterly
and westerly ends of the project.
j. Construction of conforms to existing public and private improvements as necessary.
k. Clearance from the City of San Jose, as necessary.
34. 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 fight-of-way line.
35. Soils Report: Prior to preparation of the on and off-site improvement plans, the applicant
shall provide a Soils Report prepared by a registered geotechnical or civil engineer.
36. 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.
37. 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
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
Planning Commission Resomtion No. 3352
PLN2001-29 - 206 Shelley Avenue- Planned Development - Six Townhome Units
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all new utility installations. Applicant shall also prepare pavement restoration plans for
approval by the City Engineer prior to any utility installation or abandonment.
38. 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.
39. Storm Drain Area Fee: Prior to recordation of the Final Map, the applicant shall pay the
required Storm Drain Area fee, which is $996.00.
40. 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.
41. Tree Removal Permit: Prior to recordation of the Final Map, the applicant shall obtain a
permit from the Community Development Department and remove the 30 inch diameter pine
tree located in the future public right-of-way.
PASSED AND ADOPTED this 12th day of June, 2001, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Doorley, Francois, Hernandez, Jones and Lowe
Lindstrom
Gibbons
None
Mel Lin~'~m, Ch~ir ' ~
Sharon Fierro, Secretary