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PC Res 3742 RESOLUTION NO. 3742 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A REINSTATEMENT (PLN2006-76) OF A PLANNED DEVELOPMENT PERMIT TO ALLOW THE CONSTRUCTION OF FOUR TOWNHOME UNITS ON PROPERTY OWNED BY MR. AMIR KHOJASTEH LOCATED AT 705 W. HACIENDA AVENUE IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. AMIR KHOJASTEH. FILE NO: PLN2006-76. 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 PLN2006-76: 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-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 currently developed with a single-family home and detached garage, which would be demolished for this project. The subject property is located on the north side of West Hacienda Avenue, between Virginia Avenue and Capri Drive, and is surrounded by residential uses on all sides. 4. The site plan proposes the construction of four townhomes, each on individual lots. All of the residences would take vehicular access from West Hacienda Avenue via a 20-foot wide, two-way "L-shaped" common driveway. 5. The buildings are set back a minimum of 15-feet from the property line of adjacent properties and the public right-of-way per the San Tomas Area Neighborhood Plan. 6. The project provides a total of 14 parking spaces, where 14 spaces are required. 7. The completed project would consist of four new townhomes with a building coverage of 30%, landscaping coverage of 37%, and paving coverage of 33%. 8. The proposed project will have a floor area ratio of 0.54. 9. The conceptual landscaped areas shows 15-gallon trees and landscaping along the east side of the property along the common driveway; shrubs, turf and 15-gallon trees in the front yards and rear yards of all the units; and shrubs and turf in the landscaped area along the frontage of the property. The proposed landscaping represents 37% of the total lot area. Planning Commission Resolution No. 3742 PLN2006-76 -705 W. Hacienda Avenue-Reinstatement-Planned Development Permit Page 2 10. Each of the units have a private rear yard with a minimum depth of 15 feet and a width ranging from 35 feet to 46 feet and would be enclosed by a wood fence. Building 1 (Unit 1 & 2) has a private rear yard area of 553 square feet for each unit and Building 2 (Unit 3 & 4) has a private rear yard area of 1,020 square feet for each unit. 11. The project qualifies as Categorically Exempt under Section 15303, Class 3 of the California Environmental Quality Act (CEQA). Based upon the foregoing findings of fact, the 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 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 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. THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval of the Reinstatement (PLN2006-76) of a Planned Development Permit to allow the construction of four town home units on property owned by Mr. Amir Khojasteh located at 705 W. Hacienda Avenue in a P-D (Planned Development) Zoning District. 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 Planning Commission Resolution No. 3742 PLN2006-76 -705 W. Hacienda Avenue-Reinstatement-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 Project: Approval is granted for a Reinstatement of a Planned Development Permit (PLN2006-76) to allow the construction of four townhomes located at 705 W. Hacienda Avenue. 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 A.G.P. Design Group and stamped as received by the Planning Division on June 16, 2006. b. Tentative Parcel Map prepared by Survey Construction Staking Co., Inc. and stamped as received by the Planning Division on June 16, 2006. c. Colored elevation and material board submitted by A.G.P. Design Group and stamped as received by the Planning Division on June 16, 2006. 2. Permit Expiration: The Reinstated Planned Development Permit is valid for a period of two years from the date of final City Council approval. A building permit must be obtained within this two-year period or the Planned Development Permit shall be void. 3. Parcel Map: The Planned Development Permit approval is contingent upon recordation of the Parcel Map to divide the subject property. The Parcel Map shall be recorded prior to the issuance of building permits. 4. Landscape and IrriQation Plan: The applicant shall submit a final landscape and irrigation plan to the Planning Division, prior to the issuance of building permits, for review and approval by the Community Development Director. The landscape and irrigation plan shall substantially conform with the approved conceptual landscape plan and the City's Water Efficient Landscaping Standards (WELS). 5. Tree Protection Plan: The applicant shall submit a tree protection plan for all protected trees to be retained on site or on adjacent lots that are impacted by the project, and shall contain specific information about the preservation of the trees during any grading or building on site. Such tree protection measures shall be installed prior to any demolition, grading, or building on the project site. No construction or trenching shall take place within the drip line of trees and a fence constructed of temporary cyclone fencing or wire mesh securely attached to poles driven into the ground shall be installed around the dripline of the tree. All trimming or branch removal from protected trees shall be completed by a certified arborist. Planning Commission Resolution No. 3742 PLN2006-76 -705 W. Hacienda Avenue-Reinstatement-Planned Development Permit Page 4 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. 6. Park Impact Fee: The applicant shall pay the current park impact fee, based on a density range of six to thirteen units per gross acre, for the development of the site. Credit shall be given for any existing single-family residence to be demolished. Prior to recordation of the Parcel Map, 75% of this fee is due and the remaining 25% is due prior to issuance of a certificate of building occupancy. 7. Fences: All new fencing shall be a good-neighbor style wood fence and shall comply with all the provisions of Section 21.18.060 of the Campbell Municipal Code. The design and location of all fences shall be reviewed and approved by the Community Development Director prior to issuance of any building permits for the project. Fencing along the property lines shall be replaced at the expense of the applicant/developer, 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. Utilitv 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 Liohtina: 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. Demolition of Structures: Prior to recordation of the Parcel Map the applicant shall obtain a building permit for the demolition of all non-conforming structures. 12. Construction Mitiaation Measures: The applicant shall implement the following construction mitigation measures: Planning Commission Resolution No. 3742 PLN2006-76 -705 W. Hacienda Avenue-Reinstatement-Planned Development Permit Page 5 a. Construction activities will be limited to daytime hours of 8:00 am to 6:00 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. d. All stationary noise generating construction equipment, such as air compressors and portable power generator, will be located as far as practical from the existing residences and businesses. 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. 13. Parkina and Driveways: a. All parking and driveway areas shall be developed in compliance with the approved plans and Chapter 21.28 (Parking and Loading) of the Campbell Municipal Code. b. The applicant shall provide a decorative pavement material within the common access driveway, uncovered parking spaces, and walkways for the project. The design and material to be used for the decorative pavement shall be indicated on the building permit plans and will be reviewed and approved by the Community Development Director prior to the issuance of building permits. 14. Covenants. Codes and Restrictions (CC& R's): Prior to recordation of the Parcel Map, the applicant shall submit for review and approval by the City a copy of the draft CC& R's which shall include the following: a. Formation of a Homeowner's Association; b. Continued architectural controls to ensure the architectural integrity of the project, including a provision that ensures that shared building walls and roofs are repaired, repainted, and/or replaced as necessary; c. Definition of common areas to be maintained and provision of maintenance for these areas; d. Provision of a funding mechanism to ensure maintenance and upkeep of common areas; Planning Commission Resolution No. 3742 PLN2006-76 -705 W. Hacienda Avenue-Reinstatement-Planned Development Permit Page 6 e. Provision for the availability of interior garage space for the parking of two vehicles at all times; and f. Provision to prohibit the use of outside parking spaces for storage purposes, including boats, trailers, and recreational vehicles. 15. Contractor Contact Information Postino: The project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street prior to issuance of building permits. 16. Utilities: All new on-site utilities shall be installed underground per section 21.18.140 (Undergrounding of Utilities) of the Campbell Municipal Code. 17. Roof Vents: The applicant shall coordinate mechanical and plumbing plans to minimize the number of roof vents that are visible from the street frontage. The applicant shall provide the location of such vents on the building plan elevations and roof plans, to the satisfaction of the Community Development Director, prior to issuance of building permits. Building Division: 18. Permits Reauired: A building permit application shall be required for each new townhouse unit. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 19. 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. 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 size of construction plans submitted for building permits shall be 24 inches by 36 inches. 22. 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. 23. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. The site plan shall also include engineered site drainage details. 24. Foundation Inspections: A pad certificate prepared by a licensed civil engineer or land surveyor shall be submitted to the project building inspector upon foundation Planning Commission Resolution No. 3742 PLN2006-76 -705 W. Hacienda Avenue-Reinstatement-Planned Development Permit Page 7 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 25. Title 24 Enerov Compliance: California Title 24 Energy Compliance forms CF-1 R and MF-1 R shall be blue-lined on the construction plans. 8% X 11 calculations shall be submitted to the Building Division. 26. 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. 27. 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. 28. 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. 29. Construction Fencino: 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. 30. 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) Planning Commission Resolution No. 3742 PLN2006-76 -705 W. Hacienda Avenue-Reinstatement-Planned Development Permit Page 8 iii. Moreland School District (379-1370) iv. Cambrian School District (377-2103) Note: To determine your school 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. FIRE DEPARTMENT 31. Formal Plan Review: Review of this development proposal is limited to accessibility of site access and water supply as they pertain to fire department operations, and shall mot be construed as a substitute for formal plan review to determine compliance with adopted model codes. Prior to performing any work the applicant shall make application to, and receive from, the Building Division all applicable construction permits. 32. 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. 33. Fire Apparatus (Enoine) Access Roads Required: Provide access roadways with a paved all weather surface, a minimum unobstructed width of 20 feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 36 feet outside and 23 feet inside. Installations shall conform with Fire Department Standard Details and Specifications Sheet A-1. 34. Fire Lane Markino Required: Provide marking for all roadways within the project. Markings shall be per Fire Department specifications. Installations shall also conform to Local Government Standards and Fire Department Standard Details and Specifications Sheet A-6. 35. Parkino Alonq Roadwavs: 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. 36. Timino 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 will be withheld until installations are complete. 37. 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. 3742 PLN2006-76 -705 W. Hacienda Avenue-Reinstatement-Planned Development Permit Page 9 PUBLIC WORKS DEPARTMENT 38. Parcel Map: Prior to issuance of any building permits for the project, the applicant shall pay the difference between the old parcel map fees and the new parcel map fees which is $1,160. 39. Preliminary Title Report: The applicant shall provide a current Preliminary Title Report. 40. Public Service Easement: Prior to or upon recordation of the parcel map, the applicant shall grant a 10 foot public service easement on private property contiguous with the public right-of-way along the Hacienda Avenue frontage. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 41. Monumentation for Parcel Map: Prior to recordation of the parcel map, the applicant shall provide security for setting all monuments shown on the map. Monuments shall be set per section 20.76.010 of the Campbell Municipal Code. 42. Street Improvements: Prior to recordation of the parcel map, the applicant shall execute a street improvement agreement, shall cause plans for public street improvements to be prepared by a registered civil engineer, pay various fees and deposits, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City Engineer. The plans shall include the following: a. Show location of all existing utilities within the new and existing public right-of- way. b. Relocation of all existing facilities, including utility boxes, covers, poles, etc. outside the sidewalk area. No utility boxes, covers, poles, etc. will be allowed in the sidewalk area. c. Construction of ADA compliant driveway approach. d. Construction of curb, gutter, and detached sidewalk along the property frontage including modification of said improvements to preserve the existing 30 inch diameter cedar tree. e. Installation of street trees and irrigation at about 40 feet on center. f. Installation of a street light in accordance with the Street Lighting Policies of the City of Campbell. Planning Commission Resolution No. 3742 PLN2006-76 -705 W. Hacienda Avenue-Reinstatement-Planned Development Permit Page 10 g. Construction of new pavement across the property frontage to the street centerline of Hacienda Avenue. h. Installation of traffic controls, stripes, and signs as appropriate. 1. Protection and relocation of utilities as necessary. J. Construction of conforms to existing public and private improvements as necessary. 43. Maintenance of Landscapina: Current and future owner(s) are required to maintain the landscaped park strip in the public right-of-way. This includes, but is not limited to: trees, lawn, plantings, irrigation, etc. Trees shall not be pruned in a manner that would not allow the tree to grow to a mature height. 44. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer cleanout(s) shall be installed on private property behind the public right-of- way line. 45. Soils Report: Prior to issuance of any grading or building permits for the site, applicant shall provide a Soils Report prepared by a registered geotechnical or civil engineer to determine the required pavement section. 46. Utilities: All new on-site Utilities shall be installed underground per Section 21.186.140 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. 47. 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. 48. Pavement Restoration: Based on the utility coordination plan, the applicant shall prepare a pavement restoration plan for approval by the City Engineer prior to any utility installation or abandonment. Streets that have been reconstructed or overlaid within the previous five years will require boring and jacking for all new utility installations. This property is located on the north side of Hacienda Avenue between Capri Drive and Virginia Avenue and has not been resurfaced during the last five years. The pavement restoration plan shall indicate how the street pavement shall Planning Commission Resolution No. 3742 PLN2006-76 -705 W. Hacienda Avenue-Reinstatement-Planned Development Permit Page 11 be restored following the installation or abandonment of all utilities necessary for the project. 49. Gradino and Drainaoe 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. 50. Gradina and Drainaoe Plan Review Fee: Prior to the issuance of any grading or building permits for the site, the applicant shall pay the required drainage fee of $800. 51. Storm Drain Area Fee: Prior to issuance of any grading or building permits for the site, the applicant shall pay the current required Storm Drain Area fee of $2,385 per net acre, which is $822. 52. 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. The City will provide the applicant with information to assist in complying with this condition of approval. The primary objective is to improve the quality and reduce the quantity of storm water runoff to the Bay. 53. Covenants. Conditions. and Restrictions (CC&R's): Provide copies of CC&R's for review by the City prior to recordation of the parcel map and CC&R's. 54. Demolition: Prior to recording of the Parcel Map the applicant shall obtain a Demolition permit to remove any nonconforming structures. 55. Outstandino and Additional Fees: The applicant shall pay all outstanding fees as required for the expired planned development permit and also pay additional plan check and inspection fees as determined by public works staff. Planning Commission Resolution No. 3742 PLN2006-76 -705 W. Hacienda Avenue-Reinstatement-Planned Development Permit Page 12 PASSED AND ADOPTED this 8th day of August, 2006, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Alderete, Doorley, Ebner, Francois, Gibbons, Rocha and Roseberry None None None APPROVED: ~J.:.(J-v--- Bob Alderete, Chair Commissioners: Commissioners: Commissioners: ATTEST: