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PC Res 3270RESOLUTION NO. 3270 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A PLANNED DEVELOPMENT PERMIT (PLN2000-34) AND TREE REMOVAL PERMIT (PLN2000-38) TO ALLOW THE CONSTRUCTION OF FIVE TOWNHOME UNITS ON PROPERTY LOCATED AT 122 SHELLEY AVENUE IN A PD (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. GLEN CAHOON. 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 finds as follows with regard to File No. PLN2000-34 (PD)/PLN2000-38 (TRP): 1. The proposed Planned Development Permit is consistent with the Land Use Element of the General Plan. 2. The proposed density of 10.42 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. 3. The proposed massing and design is consistent with other developments in the surrounding area and is consistent with the development standards for residential uses. 4. The provision of CC&Rs requiring the formation of a homeowner's association is necessary to ensure the long term property maintenance and continued architectural integrity of the project. 5.The proposed removal of nine (9) existing trees on site is necessary as it restricts the economic enjoyment of the property and creates an unusual hardship for the property owner to development the project as proposed. 6. The removal of some of the existing trees on site is proposed due to the poor condition of the trees as indicated in the certified arborist report submitted by the applicant; the other trees to be removed on site are not protected under the City's Tree Protection Ordinance. 7. An initial study was prepared for this project and no significant environmental impacts were found. Planning Commission Resolut,v,~ No. 3270 PLN2000-34/PLN2000-380-122 Shelley Avenue-Planned Development & Tree Removal Permits Page 2 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. o 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. o 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. 6. No evidence has been presented which shows that the project will have a substantial impact on plant or animal life. 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 I. Approved Project: Approval is granted to construct a 5-unit townhouse development consisting of 2 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. Site Plan prepared by Glen Cahoon, stamped as received on March 22, 2000. B. Building elevations, roof plans and floor plans prepared by Glen Cahoon, stamped as received on March 22, 2000. C. Color and material boards submitted by Glen Cahoon. D. Tentative Subdivision Map prepared by Kirkeby Engineering, stamped as received on March 22, 2000. 2. Revised Site Plan: Prior to issuance of building permits, the applicant shall submit a revised site plan to be reviewed and approved by the Community Development Director, adjusting the Planning Commission Resolut, v,l No. 3270 ' PLN2000-34/PLN2000-380-122 Shelley Avenue-Planned Development & Tree Removal Permits Page 3 placement of the two front units, closest to Shelly Avenue, back towards the western property line to accommodate the installation of a minimum two-foot wide landscaping strip along the east property line. 3. Building Division Requirements: A. Permits Required: A building permit application shall be required for the proposed structures. The building permit shall include electrical, plumbing, and mechanical fees when such work is part of the permit. B. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of construction plans submitted for building permit. C. Size of Plans: The maximum size of construction plans submitted for building permits shall be 24 inch x 36 inch. The minimum size is 18 inch x 24 inch. D. 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 civil engineer specializing in soils mechanics. E. 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: 1. pad elevation 2. finished floor elevation (first floor) 3. foundation comer locations F. Title 24 Energy Compliance: California Title 24 Energy Compliance forms CF-IR and MF-1R shall be blue-lined on construction plans. G. Special Inspections: When a special inspection is required by UBC Section 1701, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of building permits, in accordance with UBC Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division counter. H. Non-Point Source Control: The City of Campbell, standard Santa Clara Valley Non-point Source Pollution Control Program specification sheet shall be part of the plan submittal. The specification sheet (size 24 inch x 36 inch) is available at the Building Division service counter. I. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. West Valley Sanitation District b. Santa Clara County Fire Department Planning Commission Resolut,,,n No. 3270 PLN2000-34/PLN2000-380-122 Shelley Avenue-Planned Development & Tree Removal Permits Page 4 o c. School Districts (Campbell Union School District, Moreland School District, Cambrian School District) d. County Health Department (if required) Landscaping: A. The applicant shall submit landscape and irrigation plans to be reviewed and approved by the Community Development Director. The landscape and irrigation plans shall designate all landscaped areas to be commonly maintained throughout the development. B. The applicant shall be permitted to remove nine (9) 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. C. 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. D. A tree protection plan shall be submitted prior to issuance of a building permit in accordance with the City's Water Efficient Landscape Standards (WELS) for any trees to be retained on site. E. The applicant shall submit a revised site plan to the Community Development Director, adjusting the placement of the front units closest to Shelley Avenue, to allow the installation of a minimum two-foot wide planting buffer along the eastern property line of the project adjacent to the driveway. The applicant shall be required to make every effort to retain the existing Fruitless Mulberry trees located along the easterly property line. These trees shall not be permitted to be removed until approval has been granted by the Community Development Director. Fo Parking and Driveway: 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 prior to issuance of building permits for the project. 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 home owner'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 for "common" areas to be maintained. D. Provision of maintenance for common area landscaping. Planning Commission Resolm , No. 3270 PLN2000-34/PLN2000-380-122 Shelley Avenue-Planned Development & Tree Removal Permits Page 5 E. Provision for the long-term property maintenance for the driveway, buildings and common roofs to be repaired, repainted, and/or replaced as necessary. F. Provision of a funding mechanism to ensure maintenance and upkeep of common areas and shared building walls and roofs. G. Provision to require that the interior garage space shall be maintained available at all times for the parking of two vehicles. H. Provision to prohibit use of uncovered parking spaces for outdoor storage purposes. 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 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. o Fences: Any newly proposed fencing shall comply with Section 21.59.090 of the Campbell Municipal Code and shall be submitted for review and approval by the Community Development Department. 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). I0. 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. 11. 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. 12. 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. 13. Garages: Garages shall be maintained at all times in such a way that they are available for the parking of automobiles. Planning Commission Resolut~,.,,~ No. 3270 PLN2000-34/PLN2000-380-122 Shelley Avenue-Planned Development & Tree Removal Permits Page 6 CENTRAL FIRE DISTRICT: 14. Required Fire Flow: 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 hydrants which are spaced at the required spacing. 15. 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. 16. Fire Department (Engine) Roadway 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-1. Verify compliance with Standard A-1. 17. Fire Lane Marking 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 A-6. 18. Required Access to Water Supply (Hydrants): 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. 19. 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. PUBLIC WORKS DEPARTMENT: 20. Tentative Map: The applicant shall submit a Tentative Map for review by the City. application processing fee is $3,375.00. The current 21. Final Map: Prior to issuance of any grading or building permits for the site, the applicant shall submit a Final Map for review by the City and recordation, after approval, by the City Council. The current plan check fee is $1,450.00 plus $25 per lot. 22. Preliminary Title Report: Prior to recordation of the Tract Map, the applicant shall provide a current Preliminary Title Report. 23. 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. 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. Planning Commission Resolm , No. 3270 ~ PLN2000-34/PLN2000-380-122 Shelley Avenue-Planned Development & Tree Removal Permits Page 7 24. Public Service Easement: Prior to 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 by a registered civil engineer/land surveyor, as necessary, for the City's review and review and recordation. 25. Easements: Prior to recordation of the Final Map, the applicant shall cause private Easements to be recorded as necessary. 26. Monuments: Prior to recording Final Map, applicant shall provide security guaranteeing the cost of setting all Monuments shown on the record map, as determined by the City Engineer. 27. 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 public improvements, as required by the City Engineer. The plans shall include the following: · Reconstruction of existing pavement, plus conforms at the centerline and at the easterly and westerly ends of the project. · Construction of ADA compliant driveway approach. · Construction of standard attached sidewalk including street trees, tree wells, and irrigation system at approximately 40 on center. · Construction of traffic control, stripes, and signs. · Construction of off-site storm drain facilities. 28. 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. 29. 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. 30. Utilities: All Utilities shall be installed underground in accordance with 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. 31. 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 all new utility installations. Applicant shall also prepare pavement restoration plans for approval by the City Engineer prior to any utility installation or abandonment. 32. Maintenance Security: Prior to issuance of occupancy approval for the site, all public street improvements required by the street improvement agreement and the encroachment permit must be Planning Commission Resolm , No. 3270 PLN2000-34/PLN2000-380-122 Shelley Avenue-Planned Development & Tree Removal Permits Page 8 completed and accepted by the City and the applicant must provide a one-year Maintenance Security in an amount of 25% of the Faithful Performance Bond. 33. 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 1994 edition of the UBC including Chapters 18, 33, and Appendix Chapter 33. 34. Storm Drain Area Fee: Prior to recordation of the Final Map, the applicant shall pay the required Storm Drain Area fee which is $956.00. 35. 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. 36. Demolition: Prior to recording of the Final Map/Parcel Map the applicant shall obtain a Demolition permit to remove existing non-conforming structures PASSED AND ADOPTED this 11th day of April, 2000, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: COMMISSIONERS: Francois, Gibbons, Kearns COMMISSIONERS: Jones, Lowe COMMISSIONERS: Hernandez, Lindstrom COMMISSIONERS: None APPR V D ~ -" --"'~Elizatleth Gibbons, ATTEST: Sharon Fierro, Secretary