CC Resolution 9965
RESOLUTION NO. 9965
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL APPROVING A PLANNED DEVELOPMENT
PERMIT (PLN2000-46) TO ALLOW THE CONSTRUCTION OF
FOUR NEW TOWNHOMES ON PROPERTY LOCATED AT 861
APRICOT AVENUE IN A P-D (PLANNED DEVELOPMENT)
ZONING DISTRICT. APPLICATION OF MR. STEPHEN
CUSELLA. FILE NO. PLN2000-46.
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 PLN2000-46:
1. The proposed density of 13.8 units per gross acre is less than the density allowance of21-27
units per gross acre permitted in the High Density Residential General Plan land use
designation.
2. The proposed project is consistent with the General Plan.
3. The proposed project is consistent with the Planned Development Zoning Ordinance.
4. The site plan proposes the construction of four (4) townhomes each on individual lots. All of
the residences take vehicular access by a 20-foot wide two-way colored stamped concrete
common driveway running along the eastern property line. The front yard will be landscaped
and a picket fence will screen the front parking space. Each of the units has a private rear
yard with a depth ranging from five feet to ten feet. Proposed landscaping will occupy
approximately 20.3% of the project site.
5. The project provides 14 on-site parking spaces.
6. The completed project would consist of four (4) new townhomes covering 45% of the lot
with building, 34.7 % with paving, and 20.3% with landscaping.
7. The project will have a floor area ratio of .78.
8. The proposed project is surrounded by other residential uses, with residential condominiums
to the north and south, townhomes to the east, and a single-family residence to the west.
9. The proposed massing and design is consistent with other developments in the surrounding
area
Based upon the foregoing findings of fact, the City Council further finds and concludes that:
1. 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.
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PLN2000-46 - 861 Apricot Avenue - Planned Development Permit (4 Townhomes)
Page 2
2. The proposed development will not be detrimental to the health, safety or welfare of the
neighborhood or the City as a whole.
3. There is a reasonable relationship and a rough proportionality between the Conditions of
Approval and the impacts of the project.
The applicant is hereby notified, as part of this application, that (s)he 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. 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 items under review.
Additionally, the applicant is hereby notified that (s)he 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
Plannin2: Division
1. Approved Proiect: Approval is granted to construct four (4) townhomes. 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 Bill Gould Design received on September 27, 2001, including
building elevations, site plan, and a conceptual planting plan.
b. Color elevations and materials board submitted by Bill Gould Design on September 27,
2001.
c. Tentative Parcel Map prepared by Kirkeby Engineering submitted on September 27,
2001.
d. The Planned Development Permit approval shall expire and be void one year from the
date of final approval unless a building permit is obtained. Construction must be
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.
a. Landscape and irrigation plans shall be consistent with the Conceptual Landscape Plan
already submitted and the City's Water Efficient Landscaping Guidelines (WELS).
b. In addition to the trees shown on the preliminary planting plan, five (5) 36-inch box trees
shall be required as a replacement for the five (5) protected trees that are proposed for
removal.
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PLN2000-46 - 861 Apricot Avenue - Planned Development Permit (4 Townhomes)
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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 colored stamped concrete within the driveway and uncovered
parking spaces. The design and to be used for the colored stamped concrete shall be
reviewed and approved by the Community Development Director prior to issuance of
building permits for the project.
c. The width of the two uncovered parking spaces just south of Unit C shall be widened
from 8 feet to 9 feet.
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.
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 vehicles
(measuring 20 feet wide and 20 feet deep) 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 $6,615 per unit is due upon development of the site.
Credit in the amount of $10,990 will be given for the existing single-family residence. Prior
to recordation of the final parcel 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 and shall substantially comply with the fence detail dated September 27,
2001 provided on the Woodwork and Landscape Paving Plan; however, the maximum height
of fencing within fifteen feet from the front property line is 42 inches. The Woodwork and
Landscape Paving Plan shall reflect the new front property line after the required street right-
of-way dedication.
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
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preventers, indicating the location of the boxes and screening (if the boxes are above ground)
for approval by the Community Development Director.
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 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.
10. On-site Fire Hydrant: Applicant shall pursue location of the required fire hydrant on private
property (within approximately ten feet of the street) within the planting strip on the eastern
property line. Decorative bollards shall be installed to prevent damage to the fire hydrant.
Design of the bollards shall be subject to review and approval by the Community
Development Director.
BuildiDl! Division:
11. 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.
12. 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.
13. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of
construction plans submitted for building permit.
14. Size of Plans: The minimum size of construction plans submitted for building permits shall
be 24 in. X 36 in.
15. 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.
16. 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.
17. 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)
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a. foundation comer locations
18. Title 24 Energv Compliance: California Title 24 Energy Compliance forms CF-1R and MF-
lR shall be blue-lined on the construction plans. 8'i2 X 11 calculations shall be submitted as
well.
19. 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.
20. Water Pollution: 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.
21. 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:
i)
ii)
iii)
iv)
Campbell Union School District (378-3405)
Campbell Union High School District (371-0960)
Moreland School District (379-1370)
Cambrian School District (377-2103)
Note: To Determine your district, contact the offices identified
above. Obtain the School District payment fonn from the City
Building Division, after the Division has approved the building
permit application.
d. Bay Area Air Quality Management District (Demolitions Only)
FIRE DEPARTMENT
22. 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.
23. Public Fire Hydrant Required: Provide one (1) public fire hydrant at a location to be
determined by the Fire Department and San Jose Water Company. The hydrant shall have a
minimum single flow of 1,000 GPM at 20 psi residual pressure, with spacing not to exceed
250 feet. Prior to applying for a building permit, provide civil drawings reflecting all fire
hydrants serving the site. To prevent building permit delays, the developer shall pay all fees
to San Jose Water Company as soon as possible.
24. Fire Hydrant Location Identifier: Prior to project final inspection, the general contractor shall
ensure that an approved ("Blue Dot") fire hydrant location identifier has been placed in the
roadway, as directed by the Fire Department.
25. Timing of Required Water Supply Installations: Installations of required fire service(s) and
fire hydrant(s) shall be tested and accepted by the Fire Department in accordance with all
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PLN2000-46 - 861 Apricot Avenue - Planned Development Permit (4 Townhomes)
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applicable conditions of approval, ordinances, laws and regulations, prior to the start of
framing or delivery of bulk combustive materials. Building permit issuance may be withheld
until required installations are completed, tested and accepted.
26. 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.
27. Fire Lane Marking Required: Roadways deemed necessary to facilitate emergency vehicle
access, shall be identified in accordance with Fire Department Standards Details and
Specification A-6 and Local Government Standards.
PUBLIC WORKS DEPARTMENT
28. Final Parcel Map: Prior to issuance of any grading or building permits for the project, the
applicant shall submit a Final Parcel Map for review by the City and recordation, upon
approval by the City Council. The current plan check fee is $1,215.00 plus $25 per lot.
29. Preliminary Title Report: Prior to recordation of the Final Parcel Map, the applicant shall
provide a current Preliminary Title Report.
30. Right-of-Way for Public Street Purposes: Upon recordation of the Final Parcel Map, the
applicant shall cause additional Right-of-Way to be granted for Public Street Purposes along
the Apricot Avenue frontage to accommodate a thirty (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.
31. Public Service Easement: Upon recordation of the Final Parcel Map, the applicant shall
grant a ten (10) foot Public Service Easement on private property contiguous with the public
right-of-way along the Apricot 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.
32. Easements: Upon recordation of the Final Parcel Map, the applicant shall cause Easements
to be recorded for private utilities, private storm drains, reciprocal ingress and egress, etc.
33. Monumentation for Final Parcel Map: Prior to recordation of the Final Parcel Map, the
applicant shall provide security guaranteeing the cost of setting all Monuments shown on the
map, as determined by the City Engineer.
34. Street Improvements: Prior recordation of the Final Parcel Map, the applicant shall execute a
street improvement agreement and shall cause plans for public Street Improvements to be
prepared by a registered civil engineer, pay fees, post security and provide insurance
necessary to obtain an encroachment permit for construction of the standard public street
improvements, as required by the City Engineer in accordance with all applicable conditions
of approval, ordinances, laws and regulations and accepted engineering practices. The fee
for a non-utility encroachment permit is $245.00. The plans shall include the following:
a. Removal of the existing curb, gutter, sidewalk and driveway approach.
b. Construction of new curb, gutter, sidewalk and ADA compliant driveway approach.
c. Construction of irrigation and installation of two (2) 15 gallon London Plane (Platanus
acerfolia 'Yarwood') street trees at approximately 30 feet on center.
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d. Installation oftraffic control signing and striping as necessary.
e. Installation of landscaping, fencing, pavement, and irrigation within the newly dedicated
public street right-of-way.
f. Construction of conforms to existing public and private improvements, as necessary.
35. 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.
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
compames.
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
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 Parcel Map, the applicant shall pay
the required Storm Drain Area fee of $2,250/acre.
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. Covenants. Conditions. and Restrictions: Provide copies of CC&Rs for review by the City
Public Works Department prior to recordation of the Final Parcel Map.
42. Demolition: Prior to recording of the Final Parcel Map the applicant shall obtain a
Demolition permit to remove any nonconforming structures.
43. Site Plan: The applicant shall provide a complete and accurate Site Plan in accordance with
the Planning Division's checklist.
PASSED AND ADOPTED this 2nd
day of January, 2002, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Dean, Burr, Kennedy, Furtado, Watson
None
None
None
City Council Resolution
PLN2000-46 - 861 Apricot Avenue - Planned Development Permit (4 Townhomes)
Page 8
APPROVED: d JrVJ...-
~ette Watson, Mayor
ATTEST:
^--
Anne Bybee, City Clerk