PC Res 3175RESOLUTION NO. 3175
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A
PLANNED DEVELOPMENT PERMIT (PD 98-01) TO ALLOW THE
CONSTRUCTION OF THREE RESIDENTIAL UNITS ON
PROPERTY LOCATED AT 1725 BUCKNALL ROAD IN A PD
(PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION
OF MR. MARKO DUCHICH, MR. JOHN VIDOVICH AND MR. BOB
SHAFER. FILE NO. PD 98-01.
After notification and public hearing, as specified by law, and after presentation by the
Community Development Director, proponents and opponents, the heating was closed.
After due consideration of all evidence presented, the Planning Commission finds as follows
with respect to application PD 98-01:
1. The proposed Planned Development Permit is consistent with the Land Use Element of the
General Plan.
The proposed density of 8.89 units per gross acre is no greater than the density allowance of
14-20 units per gross acre as permitted under the General Plan land use designation of
Medium Density Residential for the project site.
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.
The provision of a maintenance agreement and CC&Rs requiting 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 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.
Planning Commission Resolution No. 3175
PD 98-01 - 1725 Bucknall Road - Duchich/Vidovich/Shafer
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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.
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.
Further, the applicants are notified as part of this application that they are required to comply
with all applicable Codes and Ordinances of the City of Campbell and the State of California
which pertain to this application and are not herein specified. And, that this approval is granted
subject to the following Conditions of Approval.
COMMUNITY DEVELOPMENT DEPARTMENT
1. Approved Proiect: Approval is granted to construct a 3-unit townhouse development
consisting of one detached unit facing Bucknall Road and two attached units at the rear of the
property located at 1725 Bucknall Road. The building designs shall substantially conform to
the project exhibits listed below, except as may be modified by the Conditions of Approval
herein:
A. Site plan and conceptual landscape plan prepared by Lynne Birch, Architect, dated as
revised on August 17, 1998.
B. Building elevations and floor plans prepared by Lynne Birch, Architect, dated as revised
on August 17, 1998.
C. Color/material board and colored elevations submitted by Lynne Birch, Architect.
D. Tentative Parcel Map prepared by Steve Arnold, Civil Engineer, dated as revised on
August 14, 1998.
Planning Commission Resolution No. 3175
PD 98-01 - 1725 Bucknall Road- Duchich/Vidovich/Shafer
Page 3
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Building Details and Colors:
A. The applicant shall provide an alternate color scheme (including colors for the body of
the building, trim and roof tiles) for one of the two buildings to encourage variation
within the project. The alternate color scheme shall be reviewed and approved by the
Community Development Director prior to issuance of building permits for the site and
shall be a color scheme which is compatible with the proposed building and surrounding
neighborhood.
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The applicant shall provide supplemental design features (i.e. addition of decorative tiles
on the building) as an enhancement to vary the appearance between the detached and
attached units. The supplemental design features shall require review and approval by the
Community Development Director prior to installation.
C. The recessed windows shall be recessed a minimum depth of 3 inches from the outer wall
of the building to provide a sense of depth from the building.
Building Division Requirements: The following conditions are based upon occupancies most
closely resembling single-family residences (R-3) and private garages (U-1):
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Provide one (1) hour protection for roof framing members within five (5) feet of the
property line (where framing is parallel) as a substitute for a parapet at the common
property line between the townhouses per UBC 709.4.1. No openings are permitted in
the roof in this area.
B. Provide a modified one (1) hour separation between residences and garages. No
combustible penetrations permitted in these separations per UBC 302.4.
C. The applicant shall provide a copy of the conditions of approval for the project to be
printed on the cover sheet of the plans submitted for any building permits for the project.
D. Applicant shall comply with all Building Code requirements and obtain necessary permits
as determined by the City's Building Division.
Landscaping:
A. The applicant shall submit a landscape and irrigation plan to be reviewed and approved
by the Community Development Director prior to issuance of any building permits for
the site. The landscape and irrigation plans shall designate all landscaped areas to be
"commonly" maintained throughout the development.
Planning Commission Resolution No. 3175
PD 98-01 - 1725 Bucknall Road - Duchich/Vidovich/Shafer
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B. Removal of any trees shall require replacement of trees on site in accordance with City's
Water Efficient Landscape Standards (WELS).
C. All landscaping installed as required per the approved landscape plan shall be maintained
in good health.
D. The minimum width of the planting area of the planter strip along the east side of the
property adjacent to the common driveway shall be two (2) feet.
Parking and Driveway: All parking and driveway areas shall be developed in compliance
with Chapter 21.50 of the Campbell Municipal Code.
Covenants, Codes and Restrictions (CC&Rs): The applicants shall be required to submit for
review and approval by the City Attorney, City Engineer and Community Development
Director a copy of the maintenance agreement and 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. Description and map illustrating "common" areas to be maintained.
D. Provision of maintenance for "common" landscaping within the project site by the
homeowner's association.
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. Naming of the City as a third party beneficiary with the opportunity to lien properties for
any breach of the maintenance agreement and CC&Rs.
H. Provision that the garages in the three units be maintained in such a way that they are
available for the parking of vehicles at all times.
Park Impact Fee: A park impact fee of $7,035 per unit for a total of $21,105 is due upon
development of the townhouse project. Credit in the amount of $10,990 will be given for the
existing single-family residence. Full payment of this fee is due prior to issuance of a
certificate of building occupancy.
Planning Commission Resolution No. 3175
PD 98-01 - 1725 Bucknall Road- Duchich/Vidovich/Shafer
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Fences: The applicants shall install a low (maximum 3.5 feet in height) wrought-iron fence
with stucco pilasters capped with tile along the front property line of the project facing
Bucknall Road. 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).
10. Location of Mechanical Equipment: No mechanical equipment, i.e. air conditioning units,
shall be located within the common lot or within commonly maintained areas of the project
site.
11. Utility Boxes and Back-Flow Preventers: Applicant to 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.
12. 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.
13. On-site lighting: On-site lighting shall be shielded away from adjacent properties and
directed on site.
14. Garages: The developers shall add language to the CC&Rs which mandates that garages be
maintained at all times in such a way that they are available for the parking of automobiles.
CENTRAL FIRE DISTRICT:
15. 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 approved residential fire sprinkler system throughout all portions of the building
of Lot C.
Planning Commission Resolution No. 3175
PD 98-01 - 1725 Bucknall Road- Duchich/Vidovich/Shafer
Page 6
PUBLIC WORKS DEPARTMENT:
16. Revision to Tentative Parcel Map: Prior to submittal of the Final Parcel Map for review, the
following shall be included on the Tentative Map:
· City of San Jose/City of Campbell City limit line
· Drainage pattern for lots and any lot to lot drainage easements needed.
· Removal of the P.S.E. designation on Parcel "D"
17. Final Parcel Map: Prior to issuance of any building permits for the site, the applicant shall
submit a Final Parcel Map for recordation upon approval by the City. The current plan check
fee is $1,060 plus $25 per parcel.
18. Preliminary Title Report: Prior to recordation of the Final Parcel Map, the property owner
shall provide a current Preliminary Title Report.
19. Right-of-Way for Public Street Purposes: Prior to recordation of the Final Parcel Map, the
property owner shall grant 30 feet of right-of-way for public street purposes along the
Bucknall Road frontage. The acceptance of this right-of-way will require City Council
approval.
20. Easements: Prior to recordation of the Final Parcel Map, the property owner shall cause
easements to be recorded for private utilities, private storm drains, reciprocal ingress and
egress, etc., as necessary.
21. Street Improvements: Prior to 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
improvements, as required by the City Engineer. The plans shall include the following:
· New curb and gutter with curb face at 20 feet from centerline.
· New pavement to centerline of required right-of-way plus an additional distance of about
2 feet to 4 feet to conform to existing pavement elevations based on a Traffic Index of 7.5
and an R value provided by a qualified soils engineer.
· New separated five foot sidewalk on the north side of Bucknall Road.
· One new public street light.
· Landscape and irrigation system for street trees and landscaping in the parkway.
· New traffic control signs and pavement strips on Bucknall Road as determined by the
City Engineer.
· All water meters and sewer clean-outs on private property.
Planning Commission Resolution No. 3175
PD 98-01 - 1725 Bucknall Road- Duchich/Vidovich/Shafer
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22. City of San Jose Permit: All utility connections to facilities located within the city limits of
San Jose will require a permit from San Jose.
23. 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
company, and shall provide evidence from all utilities that the proposed development can be
served and that the public utility easements are adequate.
24. Utility Installation Plan: Prior to issuance of building permits, the applicant shall submit a
Utility Installation Plan and Schedule for approval by the City Engineer for installation or
abandonment of all utilities and service connections. Streets which have been resurfaced
within the previous 5 years will require boring and jacking for all new utility installations and
will also require a pavement restoration plan for approval by the City Engineer prior to any
utility installation or abandonment.
25. 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 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.
26. 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.
27. Storm Drain Area Fee: Prior to issuance of any grading, drainage, or building permits for the
site, the applicant shall pay the required Storm Drain Area fee. The current fee is $ 2,000 per
acre or $ 464.00.
28. National Pollution Discharge Elimination System: The applicant shall comply with the Santa
Clara Valley Water District (SCVWD) Best Management Practices and Title 14 of the
Campbell Municipal Code conceming storm water pollution prevention.
29. Demolition: Prior to recordation of the Parcel Map, the applicant shall obtain a demolition
permit from the Building Division and remove all structures that would be in violation of the
Municipal Code if the Parcel Map were recorded prior to removal of the structures.
Planning Commission Resolution No. 3175
PD 98-01 - 1725 Bucknall Road- Duchich/Vidovich/Shafer
Page 8
PASSED AND ADOPTED this 8t~ day of September, 1998, by the following roll call vote:
AYES: Commissioners: Francois, Gibbons,
Meyer-Kennedy
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
Jones, Keams, Lindstrom,
Lowe,
ITe-nni~ Lowe, Chair
AT TES
Ste~'e Piasecki, Secretary