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PC Res 3920RESOLUTION NO. 3920 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A MODIFICATION (PLN2008-108) TO A PREVIOUSLY APPROVED PLANNED DEVELOPMENT PERMIT (PLN2006-55) TO ALLOW THE CONSTRUCTION OF A NEW SINGLE-FAMILY RESIDENCE ON PROPERTY OWNED BY FRANK ONZO LOCATED AT 310 REDDING ROAD IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. FRANK ONZO. FILE NO: PLN2008-108. 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 Planning Commission finds as follows with regard to File No. PLN2008-108: 1. At the regular meeting of November 21, 2006, the City Council adopted: Ordinance No. 2079 approving a Zone Change (PLN206-148) from R-M (Multiple-Family Residential) to P-D (Planned Development); Resolution No. 10712 approving a Planned Development Permit (PLN2006-55) to allow the creation of three residential lots; and Resolution No. 10713 approving a Tentative Parcel Map (PLN2005-147) to create three residential lots from property located at 310 Redding Road. 2. A Modification to the previously approved Planned Development (PLN2006-55) is required for the creation of additional parcels and/or construction of a new dwelling. 3. The two proposed lots, indicated as Parcels A and B on the submitted Tentative Parcel Map (PLN2008-169), would be created from existing Lot 1 as shown on the Final Parcel Map (in accordance with the approved Tentative Parcel Map (PLN2005- 147)) recorded with the Office of the Santa Clara County Recorder, September 20, 2007, on file with the City of Campbell Public Works Department. 4. The subject property is zoned P-D (Planned Development). 5. The subject property is designated Low-Medium Density Residential (6-13 units per gross acre) in the General Plan. 6. The combined density of the proposed project site is 4.76 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). 7. The project site is currently developed with asingle-family home and detached garage, which would be retained as part of the project. 8. The subject property is a 0.42 gross acre parcel located on Redding Road, west of Bascom Avenue, and is bordered by residential uses to the north, east, and west, and a residential care facility and commercial retail building to the south. Planning Commission Resolution No. 3920 PLN2008-108 - 310 Redding Road -Modification to Planned Development Permit Page 2 9. 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 exclusive driveways off of Redding Road. 10. The project provides a total of 4 parking spaces, where 4 spaces are required. 11. Proposed Lot A of the project would consist of one existing single family residence with a building coverage of 25%, landscaping coverage of 62%, and paving coverage of 13%. 12. Proposed Lot B of the project would consist of one new single family residence with a building coverage of 37%, landscaping coverage of 56%, and paving coverage of 7%. 13. The proposed project will have an overall floor area ratio of 0.24. Proposed Lot A would have a floor area ratio of 0.20, and Lot B a floor area ratio 0.33. 14. The zoning district which corresponds to the General Plan designation of the subject property is R-M (Multiple Family Residential). 15. The proposed project would satisfy the development standards of the R-M (Multiple Family Residential) zoning district, with the exception of the minimum lot size (4,164 sq. ft. proposed, where 6,000 sq. ft. required) of proposed Lot B, the required front and garage setbacks on proposed Lot B (15/20 feet proposed, where 20/25 required); and the required side driveway setback on Proposed Lot A (8-inches, where 5 feet is required). 16. The conceptual landscaping show trees, shrubs and grass to be planted. The proposed landscaping represents 60% of the total project site (both proposed parcels). 17. Proposed Lot B would afford the proposed new residence approximately 1,250 square feet of rear open space where 750 square feet in typical standard of single- family residential development. 18. The proposed development would consistent with the existing single-family development pattern of the immediate area. 19. The project qualifies as Categorically Exempt under Section 15303, Class 3 and Section 15315, Class 15, of the California Environmental Quality Act (CEQA). Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: Planning Commission Resolution No. 3920 PLN2008-108 - 310 Redding Road -Modification to Planned Development Permit Page 3 1. The proposed project is consistent with the Planned Development Zoning Ordinance. 2. The proposed development will result in a more desirable environment and use of the land than would be possible under any other zoning classification. 3. The development will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area, and is consistent with the following strategies and polices: a. Policy LUT-5.2: Residential Neighborhoods: Maintain safe, attractive, pedestrian friendly residential neighborhoods with identifiable centers and consistent development patterns and a range of public and private services. b. Strategy LUT-5.2a: Neighborhood Compatibility: Promote new residential development and substantial additions that are designed to maintain and support the existing character and development pattern of the surrounding neighborhood, especially in historic neighborhoods and neighborhoods with consistent design characteristics. c. Policy LUT-9.3: Design and Planning Compatibility: Promote high quality, creative design and site planning that is compatible with surrounding development, public spaces and natural resources. d. Strategy LUT-9.3e: Building Materials: Encourage the use of long-lasting, high quality building materials on all buildings to ensure the long-term quality of the built environment. e. Strategy LUT-17.1 b: Landscaping: Ensure that new developments provide new tree plantings, shrubs, greenery and other landscaping materials, and preserve existing trees and shrubs. 4. 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. 5. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 6. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. 7. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. Planning Commission Resolution No. 3920 PLN2008-108 - 310 Redding Road -Modification to Planned Development Permit Paae 4 8. 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 recommends approval of a Modification (PLN2008-108) to a previously approved Planned Development Permit (PLN2006-55) to allow the construction of a new single-family residence on property owned by Frank Onzo located at 310 Redding Road 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: Declaration of Acceptance of All Conditions: Within thirty (30) days of Planning Commission approval, the applicant shall sign the final, approved set of Conditions of Approval. Until said Conditions are signed, the approved Modification to a previously approved Planned Development Permit shall not be valid for any permits sought from the City. 2. Approved Project: Approval is granted fora Modification (PLN2008-108) to a previously approved Planned Development Permit (PLN2006-55) to allow the construction of a new single family residence and the creation of two parcels from one, subject to a Tentative Parcel Map, on property located at 310 Redding Road. The building design and site design shall substantially conform to Project Plans prepared by Jerry Shaw stamped as received by the Planning Division on November 24, 2008, and Colored Elevation prepared by Jerry Shaw stamped as received by the Planning Division on July 3, 2008, except as may be modified by additional conditions of approval specified herein: • A minimum 5-foot side setback shall be provided between the proposed new dwelling (Lot B) and the proposed new lot line dividing Lot A and B. 3. Planning Final Required: Planning sign off is required to prior to Building Permit final. Construction not in substantial compliance with the approved project plans will not be approved without prior authorization of the necessary approving body. Planning Commission Resolution No. 3920 PLN2008-108 - 310 Redding Road -Modification to Planned Development Permit Page 5 4. Supersession of Previous Conditions of Approval: The Conditions of Approval specified herein shall supersede all and any previous Conditions of Approval specified by the original Planned Development Permit. 5. Permit Expiration: The Modification to the previously approved 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 Modification to the previously approved Planned Development Permit shall be void. 6. Parcel Map: The Modification to the previously approved Planned Development Permit shall allow the construction of the proposed new dwelling prior to recordation of the Tentative Parcel Map. 7. Landscape and Irrigation 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). 8. 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. 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. 9. Tree Replacement: Pursuant to a previously approved Tree Removal Permit (PLN2008-107), the applicant shall plant one (1) 36-inch box Coast Live Oak tree on proposed Lot B. The planting of such tree shall be indicated on the Building Permit submittal site plan. 10. Fences: All new fencing shall be agood-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 Planning Commission Resolution No. 3920 PLN2008-108 - 310 Redding Road -Modification to Planned Development Permit Page 6 applicant/developer, unless it is determined to be in good condition by the Community Development Director. 11. Property 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). 12. 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. 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 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. Planning Commission Resolution No. 3920 PLN2008-108 - 310 Redding Road -Modification to Planned Development Permit Page 7 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. Parking 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. 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 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 the proposed new single family dwelling structure. 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. Planning Commission Resolution No. 3920 PLN2008-108 - 310 Redding Road -Modification to Planned Development Permit Page 8 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 Energy Compliance: California Title 24 Energy Compliance forms shall be blue-lined on the construction plans. 8'/z X 11 calculations shall be submitted as well. 25. Special Inspections: When a special inspection is required by C.B.C. Chapter 17, 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 C.B.C Appendix Chapter 1, Section 106. 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. 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: i. Campbell Union School District (378-3405) ii. Campbell Union High School District (371-0960) iii. Moreland School District (379-1370) iv. Cambrian School District (377-2103) Note: To determine your school district, contact the offices identified above or visit: http://www.sccoe.k12.ca.us/resourcesfamilies/districtlocator. Obtain the Planning Commission Resolution No. 3920 PLN2008-108 - 310 Redding Road -Modification to Planned Development Permit Paae 9 School District payment form from the City Building Division, after the Division has approved the building permit application. 28. 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. 29. Construction Fencing: 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. 30. Build it Green: Applicant shall complete and submit a "Build it Green" inventory of the proposed new single family project prior to issuance of building permit. PUBLIC WORKS DEPARTMENT 31. 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. 32. Deed Restriction or Ownership Transfer Restriction: Prior to recordation of the parcel map, the applicant shall sign a deed restriction or ownership transfer restriction, or other document as required by the City Engineer. The restriction will require that upon any transfer of ownership of any property, street improvements be installed along the entire street frontage along both Parcel A and B as shown on the Tentative Map dated October 16, 2008 prepared by SMP Engineers. 33. Preliminary Title Report: Upon submittal of the parcel map, the applicant shall provide a current (within the past 6 months) Preliminary Title Report. 34. 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. 35. Soils Report: Prior to issuance of any grading or building permits for the site, applicant shall provide a soils report prepared by a registered geotechnical or civil engineer. 36. 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 ten-year storm frequency, prepare an engineered grading and drainage plan, and pay fees required to obtain necessary grading permits. Prior to occupancy, the design engineer shall Planning Commission Resolution No. 3920 PLN2008-108 - 310 Redding Road -Modification to Planned Development Permit Paae 10 provide written certification that the development has been built per the engineered grading and drainage plans. 37. Deferred Street Improvement Agreement: Prior to recordation of the Parcel Map, the owner shall execute a deferred street improvement agreement for construction of standard street improvements. Unless otherwise approved by the City Engineer these improvements shall include, but are not limited to, removal and replacement of street pavement structural section to centerline, relocation of utility poles and facilities as required, installation of curb, gutter, sidewalk, ADA compliant driveways, street trees, street lights, necessary drainage facilities and necessary conforms to existing improvements. 38. 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. 39. 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. 40. Utility 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. 41. 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. Redding Road 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. 42. 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. 43. 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 Planning Commission Resolution No. 3920 PLN2008-108 - 310 Redding Road -Modification to Planned Development Permit Page 11 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. 44. 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 Stormwater Best Management Practices Handbook for New Development and Redevelopment ("CA 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: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. 45. Occupancy and Building Permit Final: Prior to allowing occupancy and/or final building permit signoff for any and/or all buildings, the applicant shall have the required pavement restoration installed and accepted by the City, and the design engineer shall submit as-built drawings to the City. 46. Private Improvements Agreement: Prior to recordation of the parcel map, the owner shall execute an "Agreement for Private Improvements in the Public Right of Way". This agreement would be required to allow the existing private fence located in the public right of way along the frontage of this property, and any other non-City standard improvements, to remain. PASSED AND ADOPTED this 9th day of December, 2008, by the following roll call vote: AYES: Commissioners: Alderete, Ebner, Gairaud, Gibbons, Rocha and Roseberry NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None APPROVED ATTEST: ^^- Tim J. Ha , A ting Secretary ~z~ ~ Bob Roseberry, air