CC Resolution 10873
RESOLUTION NO. 10873
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING A PLANNED DEVELOPMENT PERMIT
(PLN2007-143) TO ALLOW THE CONSTRUCTION OF ONE NEW
SINGLE-FAMILY RESIDENCE AND THE RETENTION OF AN
EXISTING SINGLE-FAMILY RESIDENCE ON PROPERTY OWNED
BY MR. ED PEARSON LOCATED AT 100 S. SECOND STREET IN A
P-D (PLANNED DEVELOPMENT) ZONING DISTRICT.
APPLICATION OF MR. VELlMIR SULlC. FILE NO: PLN2007-143.
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
The City Council finds as follows with regard to File No. PLN2007-143:
1. The density of the proposed project site is 6.25 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 retained as part of the project.
4. The subject property is a 0.32 gross acre parcel located on the southeast corner of
South Second Street and Everett Avenue, between Rincon Avenue and Orchard
City Drive and is surrounded by residential uses on all sides.
5. The site plan proposes the construction of one single family residence and the
retention of an existing single family residence, each on individual lots. Each
residence would take vehicular access from their own driveway off of Everett
Avenue.
6. The project provides a total of 4 parking spaces, where 4 spaces are required.
7. The overall project would consist of two single family residences with a building
coverage of 30%, landscaping coverage of 58%, and paving coverage of 12%.
8. The proposed project will have an overall floor area ratio of 0.47.
9. The conceptual landscaped areas show trees, shrubs and grass to be planted. The
proposed landscaping represents 58% of the total lot area.
10. The project qualifies as Categorically Exempt under Section 15303, Class 3 and
Section 15315, Class 15, of the California Environmental Quality Act (CEQA).
City Council Resolution
PLN2007-143 - 100 S. Second Street - Planned Development Permit
Page 2
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.
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 City Council approves a Planned
Development Permit (PLN2007-143) to allow the construction of one new single-family
residence and the retention of an existing single-family residence on property owned by
Mr. Ed Pearson located at 100 S. Second Street 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
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 for a Planned Development Permit
(PLN2007-143) to allow the construction of a new single family residence and the
City Council Resolution
PLN2007-143 - 100 S. Second Street - Planned Development Permit
Page 3
retention of an existing single family residence located at 100 S. Second Street.
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 Ed Pearson and stamped as received by the Planning
Division on January 16, 2008.
b. Tentative Parcel Map prepared by Mason-Sulic and stamped as received by the
Planning Division on October 16,2007.
c. Colored elevation and material board submitted as received by the Planning
Division on January 16, 2008.
2. Permit Expiration: The 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. Privacv Impacts: Obscure glass on all second story bathroom windows shall be
incorporated into the project design. The applicant shall submit a materials sample,
prior to the issuance of building permits, for review and approval by the Community
Development Director.
5. Drivewav Materials: The driveway materials shall be impervious pavers. The
applicant shall submit a materials sample and detail, prior to the issuance of building
permits, for review and approval by the Community Development Director.
6. 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).
7. 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.
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PLN2007-143 - 100 S. Second Street - 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.
8. 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.
9. 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).
10. 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.
11. On-Site Liqhtinq: 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.
12. 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.
13. Construction Activities: The applicant shall abide by the following requirements
during construction:
a. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00
p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take
place on Sundays or holidays unless an exception is granted by the Building
Official.
b. Truck routes to and from the construction site should be established and
submitted to the City for review and approval prior to issuance of a building
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PLN2007-143 - 100 S. Second Street - Planned Development Permit
Page 5
permit. These truck routes shall avoid access to the project site via residential
streets where possible.
c. All construction equipment with internal combustion engines used on the project
site shall be properly muffled and maintained in good working condition.
d. Unnecessary idling of internal combustion engines shall be strictly prohibited.
e. All stationary noise-generating construction equipment, such as air compressors
and portable power generators, shall be located as far as possible from noise-
sensitive receptors such as existing residences and businesses.
f. Prior to the issuance of building permits, the project site shall be posted with the
name and contact number of the lead contractor and construction hours in a
location visible from the public street so that the contractor can be made aware of
noise complaints.
g. Construction equipment, vehicles, and workers associated with the development
of the project shall not be permitted to park on any residential streets.
h. Use dust-proof chutes for loading construction debris onto trucks.
i. Water or cover stockpiles of debris, soil, and other materials that can be blown by
the wind.
j. Cover all trucks hauling soil, sand, and other loose materials or require all trucks
to maintain at least two feet of freeboard.
k. Sweep daily (with water sweepers) all paved access roads, parking areas, and
staging areas at the construction site.
I. Sweep streets daily (with water sweepers) if visible soil material is carried onto
adjacent public streets, as directed by the City Engineer.
m. Enclose, cover, water twice daily or, or apply (non-toxic) soil stabilizers to
exposed stockpiles (dirt, sand, etc.).
14. ParkinQ 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 for the driveways,
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.
15. Utilities: All new on-site utilities shall be installed underground per section 21.18.140
(Undergrounding of Utilities) of the Campbell Municipal Code.
16. 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
City Council Resolution
PLN2007-143 - 100 S. Second Street - Planned Development Permit
Page 6
roof plans, to the satisfaction of the Community Development Director, prior to
issuance of building permits.
Building Division:
17. Permits Required: 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.
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. The site plan shall also include engineered 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 EnerQV Compliance: California Title 24 Energy Compliance forms CF-1 R
and MF-1 R shall be blue-lined on the construction plans. 8/S X 11 calculations shall
be submitted to the Building Division.
25. 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
City Council Resolution
PLN2007-143 - 100 S. Second Street - Planned Development Permit
Page 7
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.
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" X 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. Construction Fencinq: 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.
29. Intent to Occupv DurinQ Construction: Owners shall declare their intent to occupy
the dwelling during construction. The Building Inspection Division may require the
premises to be vacated during portions of construction because of substandard and
unsafe living conditions created by construction.
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:
LCampbell Union School District (378-3405)
iLCampbell Union High School District (371-0960)
iiLMoreland 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.
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PLN2007-143 - 100 S. Second Street - Planned Development Permit
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Fire Department:
31. Required Fire Flow: The fire flow for this project is 1000 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.
32. Premises Identification: It appears the access for the new proposed residence would be
from Everett Avenue. Identify the new address for the new residence.
Public Works Department:
33. Parcel Map: Prior to issuance of any grading or building permits for the project, the
applicant shall submit a parcel map for recordation upon approval by the City, pay
various fees/deposits and submit the map in a digital format acceptable to the City.
34. Preliminarv Title Report: Upon submittal of the parcel map, the applicant shall
provide a current (within the past 6 months) Preliminary Title Report.
35. Riqht-of-Wav for Public Street Purposes: Prior to issuance of any grading or
building permits for the site, the applicant shall fully complete the process to cause
additional right-of-way to be granted in fee for public street purposes along the
Everett Avenue frontage to accommodate a 20' half street width with a 5-foot Public
Utilities Easement/Public Sidewalk Easement The applicant shall submit the
necessary documents for approval by the City Engineer, process the submittal with
City staff's comments and fully complete the right-of-way process. 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.
36. Demolition: Prior to recording of the parcel map, the applicant shall obtain a
demolition permit and remove any nonconforming structures if necessary.
37. Monumentation for Parcel Map: Prior to recordation of the parcel map, the applicant
shall provide a cash deposit for setting all monuments shown on the map.
Monuments shall be set per section 20.76.010 of the Campbell Municipal Code.
38. Storm Drain Area Fee: Prior to issuance of any grading or building permits for the
site, the applicant shall pay the required Storm Drain Area fee, currently set at
$2,120.00 per net acre, which is $311.00.
39. Street Improvements: Prior to issuance of any grading or building permits for the
site, 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 plans shall include the following:
City Council Resolution
PLN2007-143 - 100 S. Second Street - Planned Development Permit
Page 9
S. Second Street:
a. Show location of all existing utilities within the new and existing public right of
way.
b. Relocation of all existing utilities including utility boxes, covers, poles, etc. outside
of sidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk
area.
c. Removal of necessary sidewalk, curb and gutter.
d. Installation of City standard curb, gutter and sidewalk.
e. Installation of City standard ADA compliant curb ramp at southeast corner of S.
Second Street and Everett Avenue.
f. Installation of asphalt concrete overlay per street pavement restoration plan (See
condition # 11) for utility installation and/or abandonment if any, as required by
the City Engineer.
g. Installation of traffic control, stripes and signs, as necessary.
h. Construction of conforms to existing public and private improvements, as
necessary.
Everett Avenue:
a. Show location of all existing utilities within the new and existing public right of
way.
b. Relocation of all existing utilities including utility boxes, covers, poles, etc. outside
of sidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk
area.
c. Removal of existing street section to centerline. Installation of engineered
structural pavement section with a minimum width of 15 feet to street centerline
from face of curb. The existing power pole at the easterly border of the property
shall not encroach into the pavement, curb or gutter section and shall be
relocated if necessary to accommodate the 15 foot half street section.
d. Installation of City standard 12' wide driveway approach and ADA compliant
sidewalk at entrance to alleyway.
e. Installation of City approved street trees at 30 feet on center.
f. Installation of City standard curb, gutter, 5.5' attached sidewalk and ADA
compliant driveway approaches.
g. Installation of additional asphalt concrete overlay per street pavement restoration
plan for utility installation and/or abandonment if any, as required by the City
Engineer.
h. Installation of traffic control, stripes and signs as necessary.
i. Construction of conforms to existing public and private improvements, as
necessary.
40. Utilities: All on-site utilities shall be installed underground per Section 21.18.140 of
the Campbell Municipal Code for any new or remodeled buildings or additions.
City Council Resolution
PLN2007-143 - 100 S. Second Street - Planned Development Permit
Page 10
Applicant shall comply with all plan submittals, permitting, and fee requirements of
the serving utility companies.
41. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and
sewer cleanout(s) shall be relocated or installed on private property behind the
public right-of-way line.
42. 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.
43. 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. South Second Street and Everett Avenue have not been reconstructed
or overlayed in the last five years. The pavement restoration plan shall indicate how
the street pavement shall be restored following the installation or abandonment of all
utilities necessary for the project.
44. Utility Encroachment Permit: Separate permits for the installation of utilities to serve
the development will be required (including water, sewer, gas, electric, etc.).
Applicant shall apply for and pay all necessary fees for utility permits for sanitary
sewer, gas, water, electric and all other utility work.
45. Additional Street Improvements: Should it be discovered after the approval process
that new utility main lines, extra utility work or other work is required to service the
development, and should those facilities or other work affect any public
improvements, the City may add conditions to the development/project/permit, at the
discretion of the City Engineer, to restore pavement or other public improvements to
the satisfaction of the City.
46. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or
building permits, the applicant shall comply with the National Pollution Discharge
Elimination System (NPDES) permit requirements, Santa Clara Valley Water District
requirements, and the Campbell Municipal Code regarding stormwater pollution
prevention. The primary objectives are to improve the quality and reduce the
quantity of stormwater runoff to the bay.
Resources to achieve these objectives include Storm water Best Management
Practices Handbook for New Development and Redevelopment ("CA BMP
City Council Resolution
PLN2007 -143 - 100 S. Second Street - Planned Development Permit
Page 11
Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start
at the Source: A Design Guidance Manual for Stormwater Quality Protection ("Start
at the Source") by the Bay Area Stormwater Management Agencies Association
(BASMAA), 1999; and Using Site Design Techniques to Meet Development
Standards for Storm water Quality: A Companion Document to Start at the Source
("Using Site Design Techniques") by BASMAA, 2003.
47. Occupancy: Prior to allowing occupancy for any and/or all buildings, the applicant
shall have the required street improvements installed and accepted by the City, and
the design engineer shall submit as-built drawings to the City.
PASSED AND ADOPTED this 19th day of February
roll call vote:
, 2008, by the following
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Furtado, Kennedy, Low, Hernandez, Burr
None
None
None
ATTEST:
t2~
APPROVED..- K<\ ~ ~ ~
Donald R. Burr, Mayor
Anne Bybee, City Clerk