PC Res 3894
RESOLUTION NO. 3894
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING AN ADMINISTRATIVE PLANNED
DEVELOPMENT PERMIT (PLN2008-78) FOR A MINOR
MODIFICATION TO A PREVIOUSLY APPROVED PLANNED
DEVELOPMENT PERMIT (1979) FOR AN EXISTING 200 UNIT
SENIOR HOUSING DEVELOPMENT (RINCON GARDENS) TO
ALLOW FOR A COMPREHENSIVE EXTEIOR
RENOVATION/REHABILITATION OF THE RESIDENTIAL
STRUCTURE AND A 669 SQUARE FOOT ADDITION OF INTERIOR
COMMON SPACE ON PROPERTY OWNED BY THE HOUSING
AUTHORITY OF SANTA CLARA COUNTY LOCATED AT 400 W.
RINCON AVENUE IN A P-D (PLANNED DEVELOPMENT) ZONING
DISTRICT. APPLICATION OF MS. LEAH BYERS, ON BEHALF OF
ALLANA BUICK & BERS. FILE NO.: PLN2008-78.
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 did find as
follows with respect to application PLN2008-78.
1. The density of the existing 200-unit apartment complex is 41.7 units per gross acre,
which exceeds the density currently allowed under the General Plan land use
designation. This existing 200 unit apartment complex was legally constructed in 1979
and this project does not increase the number of units, therefore the project is existing
nonconforming.
2. The proposed project is consistent with the Planned Development Zoning Ordinance in
that it is consistent with the underlying land use of the General Plan as noted above.
3. The subject property is located on the south side of W. Rincon Avenue, adjacent to
John D. Morgan Park and the Campbell Junior High School, and also is surrounded by
residential uses.
4. The project includes a comprehensive exterior renovation/rehabilitation of the exterior
fa9ade, a new 936 sq. ft. covered walkway adjacent the dining room area, and a remodel
and 669 square foot expansion to the interior common areas.
5. The site provides a total of 78 parking spaces, where 66 spaces are required.
6. The proposed project would result in a total building coverage of 37%, landscaping
coverage of 31 %, and paving coverage of 32%.
7. The proposed project will have an overall floor area ratio of 0.37.
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8. The conceptual landscape plan shows the retention of all existing trees, provides tree
protection notes and includes a planting plan to replace the existing landscaping.
9. The project qualifies as Categorically Exempt under Section 15303, Class 1 of the
California Environmental Quality Act (CEQA).
Based upon the foregoing findings of fact, the Planning Commission 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 increase the nonconformity of the residential density.
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 Planning Commission approves an
Administrative Planned Development Permit (PLN2008-78) for a Minor Modification to a
previously approved Planned Development Permit (1979) for an existing 200 unit senior
housing development (Rincon Gardens) to allow for a comprehensive exterior
renovation/rehabilitation of the residential structure and a 669 square foot addition of
interior common space on property owned by the Housing Authority of Santa Clara County
located at 400 W. Rincon Avenue 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.
Planning Commission Resolution No. 3894
PLN2008-78 - 400 W. Rincon Avenue - Administrative PD Permit - Rincon Gardens
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COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
1. Declaration of Acceptance of All Conditions: Within thirty (30) days of the Planning
Commission approval, the applicant shall sign the final, approved set of Conditions of
Approval. Until said Conditions are signed, the proposed Administrative Planned
Development Permit shall not be valid for any permits sought from the City.
2. Approved Proiect: Approval is granted for a minor modification to a previously
approved Planned Development Permit (1979) for an existing 200 unit senior housing
development (Rincon Gardens) located at 400 W. Rincon Avenue to allow for a
comprehensive exterior renovation/rehabilitation of the exterior fa9ade, a new 936 sq. ft.
covered walkway adjacent the dining room area, and a remodel and 669 square foot
expansion to the interior common areas,. The project shall substantially conform to the
project plans stamped as received by the Community Development Department on
May 9,2008 except as may be modified by the conditions of approval herein.*
. Planning sign off is required to prior to Building Permit final. Construction not
in substantial compliance with the approved project plans shall not be approved
without prior authorization of the necessary approving body.
. Approval of Construction Details. Construction details on the final building set
shall be subject to the review and approval of the Community Development Director
for quality assurance. Specific details shall include, but not be limited to:
specifications for any upgrades to exterior light fixtures, outdoor furnishing, bike
racks, etc.; new paint for the security gates and upper balcony rails; and, a
verification note that all window-installed AC units shall be removed.
3. Administrative Planned Development Permit Approval Expiration: The Administrative
Planned Development Permit approval shall be valid for one year from the date of final
approval. Within this one-year period a building permit must be obtained and
construction completed one year thereafter or the use must be established on the
property and all conditions of approval fulfilled (if no building permit is required).
Failure to meet these deadlines will result in the Administrative Planned Development
Permit being void.
4. Landscape Plan: The applicant shall submit two (2) 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 plan shall show the
location of the 36 inch box Chinese Pistache. The landscape and irrigation plan shall
substantially conform to the approved conceptual landscape plan and the City's Water
Efficient Landscaping Standards (WELS). Landscaping shall be designed to minimize
irrigation and runoff, promote surface infiltration where appropriate, and minimize the
use of fertilizers and pesticides that can contribute to stormwater pollution.
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5. Landscape Maintenance Plan: The applicant shall submit a Landscape Maintenance
Plan prior to building permit final.
6. Fences/Walls: Any newly proposed fencing and/or walls shall comply with Section
21.18.060 of the Campbell Municipal Code and shall be submitted for review and
approval by the Community Development Department.
7. Compliance with Other Requlations: The applicant shall comply with other state,
county, and city ordinances that pertain to the proposed project and where they are
conducted.
8. 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.
9. 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 roof plans, to the
satisfaction of the Community Development Director, prior to issuance of a building
permit.
10. 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. All construction equipment with internal combustion engines used on the project site
shall be properly muffled and maintained in good working condition.
c. Unnecessary idling of internal combustion engines shall be strictly prohibited.
d. 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.
e. Use standard dust and erosion control measures that comply with the adopted Best
Management Practices for the City of Campbell.
11. Contractor Contact Information Postinq: The project site shall be posted with the name
and contact number of the lead contractor in a location visible from the public street
prior to the issuance of building permits.
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12. Residents Outreach Plan: The applicant shall submit a Residents Outreach Plan for
construction notification prior to issuance of a building permit.
Building Division:
13. Permits Required: A building permit application shall be required for the proposed
change in use in an existing commercial structure. The building permit shall include
Electrical/Plumbing/Mechanical fees when such work is part of the permit.
14. 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.
15. Construction Plans: The conditions of approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
16. Size of Plans: The size of construction plans submitted for building permits shall be 24
inches by 36 inches.
17. 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 comprehensive parking details.
18. 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.
19. Non-Point Source: 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.
20.Approvals Required: The project requires the following agency approval prior to
issuance of the building permit:
a. Santa Clara County Fire Department
21. P.G.& E.: Applicant is advised to contact Pacific Gas and Electric Company 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. Applicant should also consult with P.G. and E. concerning utility
easements, distribution pole locations and required conductor clearances.
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22. 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.
23. Construction Fencinq: This project shall require a construction staging plan to describe
how construction will be handled.
Public Works Department:
24. Proof of Ownership: Prior to issuance of any grading, drainage, or building permits for
the site, the applicant shall provide a current Preliminary Title Report, grant deed, or
other satisfactory proof of ownership.
25. 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, unless otherwise approved by the
City Engineer:
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 all existing driveway approaches and necessary sidewalk, curb and
gutter.
d. Removal of existing curb ramp.
e. Installation of City standard ADA compliant driveway approaches.
f. Installation ADA compliant curb ramp.
g. Installation of City approved street trees and tree wells, as required by the City
Engineer.
h. Installation of traffic control, stripes and signs.
i. Construction of conforms to existing public and private improvements, as
necessary.
j. Submit final plans in a digital format acceptable to the City.
26. Maintenance Aqreement: Prior to issuance of building permits for the site, the
applicant shall execute a maintenance agreement, prepared by the City, agreeing to
maintain, repair and/or replace, as required, the existing concrete/masonry wall located
between the City park and the owner's private property.
27. Maintenance of Landscapinq: Owner(s), current and future, are required to maintain
the landscaped park strip and tree wells in the public right of way. This includes, but is
not limited to: trees, lawn, plantings, irrigation, etc. Trees shall not be pruned in a
manner that would not allow the tree to grow to a mature height.
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28. 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. Applicant
shall comply with all plan submittals, permitting, and fee requirements of the serving
utility companies.
29. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and
sewer c1eanout(s) shall be relocated or installed on private property behind the public
right-of-way line.
30. 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.
31. 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. Rincon Avenue has not been reconstructed or overlaid in the last 5 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.
32.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.
33. 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 (UCA BMP 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 Stormwater Quality:
Planning Commission Resolution No. 3894
PLN2008-78 - 400 W. Rincon Avenue - Administrative PD Permit - Rincon Gardens
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A Companion Document to Start at the Source ("Using Site Design Techniques") by
BASMAA, 2003.
34. Occupancy and Buildinq Permit Final: Prior to allowing occupancy and/or final building
permit signoff 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.
Fire Department:
35. Construction Tvpe: Design review of exterior rehabilitation/remodel and 669 square
feet of interior common space for an existing 200 unit multi-story senior housing
development. (maximum height 3 stories). New windows and doors will be installed
throughout the complex. Plans indicate that the complex is fully sprinklered. Plans
indicate that original construction type was Type V 1 Hour. Revised squared footage is
indicated as 181,617.
36. Required Permits: Review of this Development proposal is limited to acceptability of
site access and water supply as they pertain to fire department operations, and shall
not 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 Department all applicable construction
permits.
37. Require Fire Flow: The fire flow for this project is 7,750 gpm at 20 psi residual
pressure. As a fire sprinkler system is installed, the required fire flow has been reduced
by 50% to 4,000 gpm at 20 psi residual. The adjusted fire flow is available from area
water mains and fire hydrant(s) which are spaced at the required spacing.
38. On-Site Hvdrants: This complex appears to have on-site hydrants. Plans indicate that
any proposed changes to the existing fire sprinkler system will be submitted to this
office on a separate application. A State of California licensed (C-16) Fire Protection
Contractor shall submit plans, calculations, a competed permit application and
appropriate fees to this department for review and approval prior to beginning their
work.
39. Construction Notes: To prevent plan review and inspection delays, the above noted
Development Review Conditions shall be addressed as "notes" on all pending and
future plan submittals and any referenced diagrams to be reproduced onto the future
plan submittal.
Planning Commission Resolution No. 3894
PLN2008-78 - 400 W. Rincon Avenue - Administrative PO Permit - Rincon Gardens
Page 9
PASSED AND ADOPTED this 10th day of June, 2008, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Alderete, Doorley, Ebner, Gairaud, Gibbons, Rocha and
Roseberry
None
None
None
APPROVED:
Bob Roseberry, Chair
ATTEST:
J