CC Resolution 9859
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RESOLUTION NO. 9859
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL APPROVING OF A PLANNED DEVELOPMENT
PERMIT (PLN2001-17) TO ALLOW THE CONSTRUCTION OF
FIVE NEW TOWN HOMES ON PROPERTY LOCATED AT 247
SHELLEY AVENUE IN A PD (PLANNED DEVELOPMENT)
ZONING DISTRICT. APPLICATION OF EUROCRAFT
DEVELOPMENT. FILE NO. PLN2001-17.
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 PLN2001-17:
I. The proposed Planned Development Permit is consistent with the General Plan designation
for the site.
2. The proposed density of 10.82 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. An initial study was prepared for this project and no significant environmental impacts were
found.
Based upon the foregoing findings of fact, the City Council further finds and concludes that:
I. The proposed development and uses clearly will result in a more desirable environment and
use of the land than would be possible under any other zoning classification.
2. The development and uses will be compatible with the General Plan of the City and will aid
in the harmonious development of the immediate area.
3. The proposed development will not result in allowing more residential units than would be
allowed by other residential zoning districts which are consistent with the general plan
designation of the property; and
4. The proposed development will not be detrimental to the health, safety or welfare of the
neighborhood or the City as a whole.
5. No substantial evidence has been presented which shows that the project, as currently
presented, and subject to the required conditions of approval, will have a significant adverse
impact on the environment.
City Council Resolution
PLN2001-17 - 247 Shelley Avenue - Planned Development Permit (5 Town Homes)
Page 2
The applicant is hereby notified, as part of this application, that he/she is required to meet the
following conditions in accordance with the ordinance of the City of Campbell and the State of
California. The lead department with which the applicant will work is identified on each
condition where necessary. Additionally, the applicant is hereby notified that he/she is required
to comply with all applicable Codes or Ordinances of the City of Campbell and the State of
California that pertain to this development and are not herein specified:
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division:
1. Approved Project: Approval is granted to construct a 5-unit townhouse project consisting of
three (3) two-story buildings. The building designs and site design shall substantially conform
to the project exhibits listed below, except as may be modified by the Conditions of Approval
herein:
a. Set of plans received by Williams Residential Design on March 15, 2001, including
building elevations, site plan, and a conceptual landscape plan, with the minor
modification to center the entry doors to each unit on the porch.
b. Color and material boards submitted by Williams Residential Design on March 15,2001.
c. Tentative Subdivision Map prepared by engineers Guiliani and Kull, Inc. received on
April 5, 2001.
2. Landscaping:
a. The applicant shall retain the seven (7) mature cedar trees and one (I) mature redwood
tree on site as specified on the site plan/conceptual landscape plan.
b. 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.
3. Parking and Driveways:
a. All parking and driveway areas shall be developed in compliance with Chapter 21.50 of
the Campbell Municipal Code.
b. The applicant shall provide decorative pavement within the driveway and in front of the
garages where uncovered parking spaces are provided in the development. The design
and materials to be used for the decorative pavement shall be reviewed and approved by
the Community Development Director prior to issuance of building permits for the
project.
4. Covenants, Codes and Restrictions (CC&Rs): The applicant shall be required to submit for
review and approval by the City Attorney and Community Development Director a copy of
the CC&Rs which shall include the following:
City Council Resolution
PLN2001-17 - 247 Shelley Avenue - Planned Development Permit (5 Town Homes)
Page 3
a. Formation of a homeowner's association to ensure the long-term maintenance of buildings
and properties.
b. Continued architectural controls to ensure the architectural integrity of the project.
c. Definition of common areas to be maintained and provision of maintenance for these
areas, including the driveway and grass cell fire truck turnaround area.
d. Provision of a funding mechanism to ensure maintenance and upkeep of common areas
and shared building walls and roofs to be repaired, repainted, and/or replaced as necessary
e. Provision for the availability of interior garage space for the parking of two (2) vehicles at
all times.
f. Provision to prohibit use of uncovered parking spaces for outdoor storage purposes.
5. Park Impact Fee: A park impact fee of $7,035 per unit is due upon development of the
townhouse project. Credit in the amount of $10,990 will be given for the 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.
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 February 5, 2001
provided by Williams Residential Design.
7. Property Maintenance: The property is to be maintained free of any combustible trash,
debris and weeds until the time that actual construction commences. All existing structures
shall be secured by having windows boarded up and doors sealed shut, or be demolished or
removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code).
8. Utility Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to
installation of PG&E utility (transformer) boxes and San Jose Water Company back-flow
preventers, indicating the location of the boxes and screening (if the boxes are above ground)
for approval by the Planning Division.
9. On-site lighting: On-site lighting shall be shielded away from adjacent properties and
directed on site. The design and type of lighting fixtures and lighting intensity of any
proposed exterior lighting for the project shall be reviewed and approved by the Community
Development Director prior to installation of the lighting. Lighting fixtures shall be of a
decorative design to be compatible with the residential development and shall incorporate
energy saving features.
Building Division:
10. Permits Required: A building permit application shall be required for each proposed new structure.
The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the
permi t.
11. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of
construction plans submitted for building permit.
City Council Resolution
PLN2001-17 - 247 Shelley Avenue - Planned Development Permit (5 Town Homes)
Page 4
12. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in.
X 36 in.
13. Soils Report: Two copies of a current soils report, prepared to the satisfaction of the Building
Official, containing foundation and retaining wall design recommendations shall be submitted with
the building permit application. This report shall be prepared by a licensed engineer specializing in
soils mechanics.
14. Site Plan: Application for building permit shall include a competent site plan that identifies property
and proposed structures with dimensions and elevations as appropriate. Site plan shall also include
site drainage details.
IS. Foundation Inspections: A pad certificate prepared by a licensed civil engineer or land surveyor
shall be submitted to the project building inspector upon foundation inspection. This certificate shall
certify compliance with the recommendations as specified in the soils report and the building pad
elevation and on-site retaining wall locations and elevations are prepared according to approved
plans. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered
civil engineer for the following items:
a. pad elevation
b. finish floor elevation (first floor)
c. foundation comer locations
16. Title 24 Energy Compliance: California Title 24 Energy Compliance forms CF-IR and MF-IR shall
be blue-lined on the construction plans. 8'l2 X II calculations shall also be submitted.
17. Special Inspections: When a special inspection is required by U.B.C. Section 1701, the architect or
engineer of record shall prepare an inspection program that shall be submitted to the Building
Official for approval prior to issuance of the building permits, in accordance with U.B.C Section
106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection
Division Counter.
18. Water Pollution Control: The City of Campbell, standard Santa Clara Valley Non-point Source
Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet
(size 24" X 36") is available at the Building Division service counter.
19. Approvals Required: The proj ect requires the following agency approval prior to issuance of the
building permit:
a. West Valley Sanitation District (378-2407)
b. Santa Clara County Fire Department (378-4010)
c. School District: (Note: To Determine your district, contact the offices identified above.
Obtain the School District payment form from the City Building Division, after the
Division has approved the building permit application.)
1. Campbell Union School District (378-3405)
11. Campbell Union High School District (371-0960)
111. Moreland School District (379-1370)
IV. Cambrian School District (377-2103)
d. Bay Area Air Quality Management District (Demolitions Only)
City Council Resolution
PLN200 1-17 - 247 Shelley Avenue - Planned Development Permit (5 Town Homes)
Page 5
FIRE DEPARTMENT:
20. Required Fire Flow: The required fire flow for this project has been calculated at 1,000
GPM at 20 psi residual pressure. The required fire flow is available from area water mains
and fire hydrant( s), which are located at the required spacing.
21. 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 fire hydrants.
Provide an onsite fire hydrant or install an approved fire sprinkler system throughout all
portions of the building.:
22. Public fire hydrant required: Provide one public fire hydrant at a location to be determined
by the Fire Department and San Jose Water Company. Hydrant shall have a minimum single
flow of 1,000 GPM at 20 psi residual, with spacing not to exceed 500 feet. Prior to applying
for building permits, provide civil drawings reflecting all fire hydrants serving the site. To
prevent building permit delays, the developer shall promptly pay all required fees to the San
Jose Water Company.
23. Timing of Required Water Supply Installations: Installations of required fire services and
fire hydrants shall be tested and accepted by the Fire Department prior to the start of framing
or the delivery of bulk combustible materials. Building permit issuance may be withheld
until required installations are completed, tested, and accepted.
24. Fire Access Road Required: Provide access roadways with a paved all-weather surface, a
minimum unobstructed width of 20 feet, vertical clearance of 13 feet, 6 inches, minimum
circulating turning radius of 36 feet outside and 23 feet inside, and a maximum slope of 15%.
25. Fire Truck Turnaround Required: Provide an approved fire department engine roadway
turnaround with a minimum radius of 36 feet outside and 23 feet inside.
26. Fire Lane Marking Required: Provide marking for all access roadways within the project.
Markings shall be per Fire Department Standard Details and Specification A-6, and also
conform to Local Government Standards.
27. Timing of Required Roadway Installations: Required access roads, up through first lift of
asphalt, shall be installed and accepted by the Fire Department prior to the start of
construction. Bulk combustible materials shall not be delivered to the site until installation is
complete. During construction, emergency access roads shall be maintained clear and
unimpeded. Note that building permit issuance may be withheld until installations are
completed.
PUBLIC WORKS DEPARTMENT
28. 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 $1,510.00 plus $25 per lot.
29. Preliminary Title Report: Prior to recordation of the Tract Map, the applicant shall provide a
current Preliminary Title Report.
City Council Resolution
PLN2001-17 - 247 Shelley Avenue - Planned Development Permit (5 Town Homes)
Page 6
30. Right-of-Way 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 Avenue frontage to accommodate a 3D-foot half street (maximum), as determined by
the City Engineer. 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 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 engineerlland surveyor, as necessary, for the City's review and
recordation.
32. Easements: Upon recordation of the Final Map, the applicant shall cause Easements to be
recorded for private utilities, private storm drains, reciprocal ingress and egress, etc.
33. Monumentation for Final Map: Prior to recordation of the Final Map, the applicant shall
provide security guaranteeing the cost of setting all Monuments shown on the map, as
determined by the City Engineer.
34. Street Improvements: Prior to recordation of the Final Map, the applicant shall execute a
street improvement agreement and shall cause plans for public Street Improvements to be
prepared by a registered civil engineer, pay fees, post security and provide insurance
necessary to obtain an encroachment permit for construction of the standard public street
improvements, as required by the City Engineer. The fee for a non-utility encroachment
permit is $245.00. The plans shall include the following:
a. Removal of existing driveway approach, curb, gutter, and sidewalk.
b. Construction of new curb/gutter and detached sidewalk.
c. Installation of surface treatment or reconstruction of one-half street pavement section as
determined by City Engineer based on field-testing of existing pavement.
d. Construction of new street trees and irrigation at 40 feet on center.
e. Construction of new ADA compliant driveway approach.
f. Installation of signs and stripes, as necessary.
g. Relocation and protection of utilities as necessary.
h. 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. Soils Report: Prior to preparation of the on and off-site improvement plans; the applicant
shall provide a Soils Report prepared by a registered geotechnical or civil engineer.
37. 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.
City Council Resolution
PLN200 1-17 - 247 Shelley Avenue - Planned Development Permit ( 5 Town Homes)
Page 7
38. TTtility Tn"t~l1~tinn Pl~n' 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.
39. Gr~rling ~nrl nr~in~e~ Pl~n' 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.
40. Storm nr~in Ar~~ F~~' Prior to recordation of the Final Map, the applicant shall pay the
required Storm Drain Area fee, which is $2,250.00 per acre.
41. Storm WMpr Pnlhltinn Prpvpntinn M~~"IIT~'" 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.
42. n~molition' Prior to recording of the Final Map the applicant shall obtain a Demolition
permit to remove any nonconforming structures.
PASSED AND ADOPTED this 15th day of
Ma y , 2001, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Furtado, Kennedy, Burr, Watson, Dean
None
None
None
APPROVED: :::;:~jj[)
Matt ew T. Dean Mayor
ATTEST:
{L~
Anne Bybee, City Clerk