CC Resolution 10227
RESOLUTION NO. 10227
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING THE REINSTATEMENT (PLN2003-52) OF
A PREVIOUSLY APPROVED PLANNED DEVELOPMENT PERMIT
TO ALLOW THE CONSTRUCTION OF FIVE NEW TOWNHOMES ON
PROPERTY OWNED BY MR. PELUSA BASTIDA LOCATED AT 122
SHELLEY A VENUE IN A P-D (PLANNED DEVELOPMENT)
ZONING DISTRICT. APPLICATION OF MR. PELUSA BASTIDA.
FILE NO. PLN2003-52.
After notification and public hearing, as specified by law, and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the City Council did find as follows with
respect to application PLN2003-52:
1. There have been no changes in the project plans, site, physical environmental conditions, or
environmental setting that would result in significant environmental impacts not anticipated
at the time of the adoption of the Negative Declaration.
2. There have been no changes in the development standards or regulations that would warrant
changes to the conditions of approval.
3. There have been no changes in the General Plan and the Zoning of the property since the
previous approval of the project.
4. Land uses surrounding the project site include residential to the north, south, east and west.
5. The design of the building is compatible in scale with the adjacent buildings, relates well
with the surrounding residential neighborhood, is well articulated and utilizes high quality
building materials.
Based upon the foregoing findings of fact, the City Council further finds and concludes that:
1. The proposed development will result in a more desirable environment and use of the land
than would be possible under any other zoning classification.
2. The development will be compatible with the General Plan of the City and will aid in the
harmonious development of the immediate area.
3. The proposed development will not result in allowing more residential units than would be
allowed by other residential zoning districts which are consistent with the general plan
designation of the property.
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PLN2003-52 - 122 Shelley Avenue- Reinstatement of Planned Development Permit
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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 City Council approves the Reinstatement
(PLN2003-52) of a previously approved Planned Development Permit to allow the construction
of five new townhomes on property owned by Mr. Pelusa Bastida located at 122 Shelley
A venue, 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 Proiect: Approval is granted to construct a five unit townhouse development
consisting of 2 two-story buildings.. 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 Glen Cahoon and dated as received by the Planning Division
on April 29, 2003, including a site plan/landscape plan and building elevations.
b. Color and material boards submitted by Glen Cahoon.
c. Tentative Subdivision Map and Preliminary Grading Plan prepared by Kirkeby
Engineering and dated as received by the Planning Division on May 20, 2003.
2. Permit Expiration: The Reinstatement of Approval 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 Reinstatement of Approval shall be void.
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3. Tentative Subdivision Map: The Reinstatement of 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. Park Impact Fee: A park impact fee of $7,035 per unit is due upon development of the
townhouse project. Based on the development of 5 units, a total of $35,175 shall be paid to
the City. Credit in the amount of $10,990 will be given for the existing single-family
residence. 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.
5. 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
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.
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 to provide on-going maintenance of the required landscaping for the project.
f. Provision for the availability of interior garage space for the parking of two vehicles at all
times.
g. Provision to prohibit the use of parking spaces for storage purposes, including boats,
trailers, and recreational vehicles.
6. Landscaping: 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).
7. Tree Removal: The applicant shall be permitted to remove nine trees on site as specified in
the applicant's Tree Removal Permit application, based upon the information provided by the
applicant and the certified arborist report submitted with the application.
8. Tree Replacement: The applicant shall be required to provide replacement trees for the trees
approved to be removed, in accordance with the replacement ratio requirements of the City's
tree Protection Ordinance.
9. Tree Protection Plan: The applicant shall submit a tree protection plan for any trees to be
retained on site 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
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PLN2003-52 - 122 Shelley Avenue- Reinstatement of Planned Development Permit
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to any demolition, grading, or building on the project site. No construction or trenching shall
take place within the drip line of trees and a fence constructed of temporary cyclone fencing
or wire mesh securely attached to poles driven into the ground shall be installed around the
dripline of the tree. All trimming or branch removal from protected trees shall be completed
by a certified arborist. The tree protection plan shall be submitted to the Planning Division
for review and approval by the Community Development Director prior to the issuance of
building permits.
10. Parking and Driveways: All parking and driveway areas shall be developed in compliance
with Chapter 21.50 of the Campbell Municipal Code and the approved project plans. Project
details include, but are not limited to the following:
a. 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 prior to issuance of building permits for the
project.
11. Fences: Any newly proposed fencing and/or walls shall comply with Section 21.59.090 of
the Campbell Municipal Code and shall be reviewed and approved by the Community
Development Director prior to issuance of any building permits for the project.
12. 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). Prior
to demolition, the property would require inspection and vermin abatement program.
13. Utility Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to
installation 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.
14. 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 issuance of any building permits for the project. Lighting
fixtures shall be of a decorative design to be compatible with the development and shall
incorporate energy saving features.
15. Trash Disposal/Recycling: The applicant shall submit details regarding the design and
location of trash disposal/recycling facilities to the City for review and approval prior to
issuance of building permits.
16. Garages: Garages shall be maintained at all times in such a way that they are available for
the parking of automobiles.
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Building Division:
17. Permits Required: A building permit application shall be required for each proposed new
living unit/structure. The building permit shall include Electrical/PlumbinglMechanical fees
when such work is part of the permit.
18. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of
construction plans submitted for building permit.
19. Size of Plans: The size of construction plans submitted for building permits shall be 24
inches by 36 inches.
20. 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.
21. 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.
22. 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.
23. 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
24. Title 24 Energy Compliance: California Title 24 Energy Compliance forms CF-IR and MF-
lR shall be blue-lined on the construction plans. 8V2 X 11 calculations shall be submitted as
well.
25. Special Inspections: When a special inspection is required by UB.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.
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26. 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" by 36") is available at the Building Division
service counter.
27. 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.
28. 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:
1. Campbell Union School District (378-3405)
11. Campbell Union High School District (371-0960)
Hi. Moreland School District (379-1370)
iv. Cambrian School District (377-2103)
Note: To Determine your district, contact the offices identified above. Obtain the School
District payment form from the City Building Division, after the Division has approved
the building permit application.
PUBLIC WORKS DEPARTMENT
29. Tentative Map: The applicant shall submit a tentative map for review by the City. The
current application processing fee is $3,723.00.
30. 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 $1,600.00 plus $25 per lot. Effective July 1, 2003 the
plan check fee will increase to $3,200 plus $35 per parcel.
31. Preliminary Title Report: Upon submittal of the tentative map, the applicant shall provide a
current Preliminary Title Report.
32. Right-of-Wav for Public Street Purposes: Upon recordation of the final map, the applicant
shall cause additional right-of-way to be granted for public street purposes along the Shelley
A venue frontage to accommodate a 30-foot half street. 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.
City Council Resolution
PLN2003-52 - 122 Shelley A venue- Reinstatement of Planned Development Permit
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33. Public Service Easement and Sidewalk Easement: Upon recordation of the final map, the
applicant shall grant a 10 foot public service easement and sidewalk 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 by a registered civil engineer/land
surveyor, as necessary, for the City's review and recordation.
34. 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. as necessary.
35. Monumentation for Final Map: Prior to recordation of the final map, the applicant shall
provide security for setting all monuments shown on the map.
36. Street Improvments: Upon 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 fee for a non-utility encroachment
permit application is currently $260.00. The plans shall include the following:
a. Removal of the existing pavement and construction of new pavement to centerline.
b. Installation of curb, gutter, sidewalk and ADA compliant driveway approach.
c. Installation of street tree, irrigation and groundcover.
d. Construction of off-site storm drain facilities.
e. 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.
39. Utility 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 of street improvements and/or abandonment of all utilities. Streets, which have
been resurfaced within the previous five 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.
40. 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
compames.
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
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PLN2003-52 - 122 Shelley Avenue- Reinstatement of Planned Development Permit
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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 recordation of the final map, the applicant shall pay the
required Storm Drain Area fee of $2,250.00 per net acre, which is $1,078.00.
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. 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.
44. Covenants, Conditions, and Restrictions: Provide copies of CC&Rs for review by the City
prior to recordation of the final map and CC&Rs.
45. Demolition: Prior to recording the final map, the applicant shall obtain a Demolition Permit
and remove any improvements as necessary.
FIRE DEPARTMENT
46. 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.
47. Required Fire Flow: The 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
spaced at the required spacing.
48. Fire Apparatus (Engine) Access Roads Required: Provide access roadways with a paved all
weather surface and a minimum unobstructed width of 20 feet, vertical clearance of 13 feet 6
inches, minimum circulating radius of 36 feet outside and 23 feet inside, and a maximum
slope of 15%. Installations shall conform with Fire Department Standard Details and
Specifications A-I.
49. Fire Department (Engine Roadwav Turnaround Required: Provide an approved fire
department engine roadway turnaround with a minimum radius of 36 feet outside and 23 feet
inside. Installations shall conform with Fire Department Standard Details and Specifications
A-I. Verify compliance with Standard A-I.
City Council Resolution
PLN2003-52 - 122 Shelley Avenue- Reinstatement of Planned Development Permit
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50. Fire Lane Marking Required: Roadways deemed necessary to facilitate emergency vehicle
access shall be identified in accordance with Fire Department Standard Details and
Specifications A-6 and Local Government Standards.
51. Required Access to Water Supply (Hvdrants): Portions of the structure(s) are greater than
150 feet of travel distance from the centerline of the roadway containing public fire hydrants.
Provide an on-site fire hydrant OR provide an approved fire sprinkler system throughout all
portions of the building. Note specifically units 2, 3,4 and 5.
52. 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 backgrounds.
PASSED AND ADOPTED this 5th day of August
vote:
, 2003, by the following roll call
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Watson, Kennedy, Dean, Burr, Furtado
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
APPRO~ ~ ~~~\~
Daniel E. Furtado, Mayor
ATTEST:
tZJJL0-
Anne Bybee, City Clerk