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PC Res 3042RESOLUTION NO. 3042 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL, CALIFORNIA, RECOMMENDING APPROVAL OF A PLANNED DEVELOPMENT PERMIT, PLANS, ELEVATIONS, DEVELOPMENT SCHEDULE AND CONDITIONS OF APPROVAL TO ALLOW FIFTEEN DETACHED RESIDENTIAL UNITS AND FIVE LIVE/WORK UNITS AND A SHARED COMMON AREA ON PROPERTY LOCATED AT 100 HARRISON AVENUE IN A PD (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR DAVID NEALE AND MR. ROBERT EMAMI. FILE NO. PD 96- 03. After notification and public heating, as specified by law, and at~er presentation by the Community Development Director, proponents and opponents, the heating was closed. At, er due consideration of all evidence presented, the Planning Commission did find as follows with respect to application PD 96-03. 1. The proposed Planned Development Permit is consistent with the General Plan. The proposed project, utilizing a Planned Development Permit, will result in a density consistent with the area. The project density will be 11.1 units per gross acre. A commercial component, in the first floor of the live/work units, is consistent with the General Plan designation of Commercial/Professional Office/High Density Residential and with the North of Campbell Avenue policy encouraging mixed residential, office and commercial uses for this area The proposed massing and design is consistent with other developments in the surrounding area and is consistent with the development standards for residential and downtown uses. The safety of traffic movement along Harrison Avenue, with large public parking lots entering on the west, and the potential for high traffic generating development entering from the east, necessitates limiting access points along I-Iarfison Avenue, between Civic Center Drive and Grant Street. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: Planning Commission Resolution No. 3042 PD 96-03 - 100 Harrison Avenue Page 2 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 proposed land use are compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 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, as conditioned, will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 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 thi,q approval is granted subject to the following Conditions of Approval. PUBLIC WORKS: 1. Dedication to the City: Prior to issuance of any building permits for the site, the applicant shall dedicate additional right-of-way along Harrison Avenue and Civic Center drive to 10' back of the existing curb. Applicant shah prepare aH documents necessary to record the dedication and submit to the city for review, acceptance, and recording. Map Requirements: Prior to issuance of any building permits for the site, the applicant shall prepare and submit a final map for recordation upon review and approval by the City Council. A preliminary title report must be provided. Monumentation security must be provided guaranteeing the cost of setting all monuments, as shown on the final map. Storm Drain Area Fee: Prior to issuance of any building permits for the site, the applicant shall pay the required storm drain area fee of $2,200 per acre for residential property and $2,500 per acre for commercial property. Planning Commission Resolution No. 3042 PD 96-03 - 100 Harrison Avenue Page 3 o Grading and Drainage Plan: Prior to issuance of any building permit for the site, the applicant shall conduct hydrology studies, as necessary, prepare grading and drainage plans, and pay fees required to obtain necessary grading permits from the Building Division. Proposed plans and studies shall be submitted to the City Engineer for review. All storm runoff shall be collected on site and conveyed underground to the City's existing storm drain. The drainage study shall be based upon a 10-year frequency storm Pad elevations of Lots 19 and 20 shall be raised, as needed, to be compatible with curb elevations. Standard Street Improvements: Prior to issuance of any building permits for the site, the applicant shall prepare plans, pay fees, sign an agreement, post securities, and provide insurance as required to obtain an encroachment permit to construct public street improvements on Civic Center Drive and Harrison Avenue as required by the City engineer. All construction shall be in accordance with the City of Campbell's Standard Specifications and Details. Public Street improvement plans shall be prepared by a registered Civil Engineer licensed in the State of California, and shall include the following: A. New curb and gutter around the entire property street frontage as generally shown on said tentative tract map and street plan. B. Pavement removal and replacement as determined by the City En~neer. C. Drainage inlets, laterals, and manholes for street drainage along the new curb and gutter. D. New 5' separated sidewalk in the public right-of-way along I-Iardson Avenue as generally shown on said plans. Eo New sidewalk in the public right-of-way as generally depicted on the Dahlen Group's plot plan submitted August 21, 1996, and more particularly shown on the attached Exhibit A. F. Landscape improvements, including trees, irrigation, and related landscape along Harrison Avenue and Civic Center Drive. G. Remodeling of the two existing handicap ramps on Harrison Avenue and Civic Center Drive to conform to the new curb. Planning Commission Resolution No. 3042 PD 96-03 - 100 Harrison Avenue Page 4 Ho Decorative street shall be installed along Harrison Avenue and Civic Center Drive in accordance with City of Campbell Street Lighting Policy as determined by the City Engineer. Traffic control improvements, including pavement stripes, markers, markings, traffic control signs, street name signs, signal conduits, and related improvements, as required by the City Engineer along Harrison Avenue and Civic Center Drive, as follows: 1. Install 30-minute parking signs for parking on Civic Center Drive. Install traffic signal conduit i~om existing pedestrian signal to Harrison Avenue at new pull box according to specifications provided by the City Traffic Engineer 3. Provide revised striping on Harrison Avenue and Civic Center Drive to accommodate changes in street width and to match existing striping. 4. Stripe three parking spaces on the east side of Harrison Avenue. Conform to existing improvements at the northerly driveway approach on Harrison Avenue and to the southeasterly improvements on Civic Center Drive at the railroad right-of-way, as approved by the City Engineer. Utility box adjustments to grade and/or relocation as determined by the utility company and City Engineer. Soils Report: A soils report prepared by a registered Geotechnical or Civic En~neer as required by the City Engineer. Completion of Public Street Improvements: Prior to issuance of occupancy for the site, all public street improvements. As required by the encroachment p[permit, must be completed and accepted by the City Engineer and the applicant must provide a one-year maintenance security. Underground Utilities: AH new on-site utilities shall be installed underground per Section 20.36.150 of the Campbell Municipal Code. Applicant shah comply with all plan submittals, permitting, and fee requirements of the serving utility company. Planning Commission Resolution No. 3042 PD 96-03 - 100 Harrison Avenue Page 5 Utility Coordination Plan: Applicant shall submit a Utility Coordination Plan and Schedule for approval by the City Engineer for installation of all utilities. The plan shall minimize the damage to all public facilities, including utilities off site serving this site, and on site, consistent with codes. 10. Storm Water Management: Comply with the California Storm Water Best Management Practice handbook, prepared by Storm Water Quality Task Force, Santa Clara Valley Water District. 11. Covenants, Codes and Restrictions: The Covenants, Codes and Restrictions (CC &Rs) shall be submitted for review to the City prior to recordation of the Final Map. The CC & Rs shall contain provisions for a Homeowners Association to maintain, repair, and reconstruct all landscape, irrigation, and hardscape in the public right-of- way to the back of curb. They shall also include appropriate provisions for maintenance, repair, relocation, and construction of all private grading/drainage improvements, and related matters. 12. Management and Maintenance Agreement: Prior to recordation of the Final Map, the applicants shall furnish and record an agreement for maintenance and management of the project. The agreement shall demonstrate that the project will be maintained in accordance with the intent and purpose of the approvals, and shall provide for the ongoing financial responsibility of the Homeowners Association for maintenance of the common areas created by the Final Map for the life of the project. The agreement shall include provisions for maintenance of the landscape and irrigation system in the public right-of way. The agreement shall also contain a Consumer Price Index (CPI) for fee adjustment, which shall be incorporated into the Covenants, Codes and Restrictions for the project. FIRE DISTRICT 13. Required fire flow for this project is 2,750 GPM at 20 psi residual pressure. This is based upon the largest building size of 11,040 sf. Omits 16-20). 14. Provide an automatic fire sprinkler system throughout all portions of the 11,040 sf.. attached unit building (Units 16-20). 15. Provide approved type monitoring for all fire sprinkler alarm devices for the 11,040 sf. Building. Planning Commission Resolution No. 3042 PD 96-03 - 100 Harrison Avenue Page 6 16. Provide two on-site public fire hydrants. Location of hydrants to be determined jointly by the San Jose Water Company and the Central Fire District. BUlLDING DIVISION 17. Provide a sound attenuation plan by a licensed engineer for units affected by the railroad and street noise, per the noise report prepared by Edward L. Pack Associates, dated August 8, 1996. 18. Provide vine, graffiti-resistant paint or other anti-graffiti method approved by the Building and Planning Divisions on the wall adjacent to the rail line. 19. Provide a maximum 1:12 slope for all sidewalk access to common or public areas. 20. Provide one hour fire resistive construction between residential and business uses. 21. Common walls to be minimum one hour fire resistive construction (each side) with one inch airspace from foundation to underside of roof. No openings permitted within three feet perpendicular to property lines. PLANNING D1VISION 22. Approved Project: Approval is granted to construct 15 detached residential units and 5 attached live/work units in a planned development project. The building designs shall substantially conform to the exhibits listed below, except as may be modified by the Conditions of Approval.. A. Site and building plans prepared by the Dahlen Group, dated August 26, 1996. 23. Architecture: Minor detailing changes to be included in the for the live/work units submitted for building permit shall include refinements to the bracing of the oriel window, elimination/addition ofmuntins on some windows, and the addition of gable detailing to the rear gables. 24. Sign Plan: A Master sign plan shall be submitted for the live/work units, which shall include location, size, design and colors, as part of the building permit submittal. Planning Commission Resolution No. 3042 PD 96-03 - 100 Harrison Avenue Page 7 25. Landscaping: The applicant shall submit a landscape, paving and irrigation plan for approval by the Site and Architectural Committee, addressing the following: A. Preparation of a landscape plan for the driveway, common areas, "orchard plaza", and public right-of-way consistent with the Water Efficiency Landscape Standards. B. Landscape Bond or Agreement C. Driveway Pavement: Driveway pavement to be divided into distinct areas by alternative pavement treatments. Alternative pavement treatment shall be provided at the entry to the complex, as well as at the shared parking areas. D. Detailing the "orchard plaza" along Civic Center Drive, indicating: integration of the pavement design with the public sidewalk, provision of a flowering tree plan to simulate an orchard, location and screening of any above-ground public utility boxes, and placement of street lights. The plaza plan shall detail from the street curb face to the front building wall of the live/work units. 26. Fencing: A fencing and wall plan indicating location, height, and details of the fences and walls shall be approved by the Planning Department prior to issuance of a building permit. 27. 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 Department. Visibility from the public right-of-way shall be minimized. 28. 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. 29. Property Maintenance: The applicant is hereby notified that the property is to be maintained free of any combustible trash, debris and weeds until the time construction actually commences. 30. Park lrm2act Fees: Applicants to pay Park Impact In-Lieu Fee at the time of Final Map recordation and building final, consistent with the City Park Dedication Ordinance 31. On-site Lighting: On-site lighting shall be shielded away from adjacent properties and directed on site. All exterior lighting shall be installed prior to building final. Planning Commission Resolution No. 3042 PD 96-03 - 100 Harrison Avenue Page 8 32. Conditions for Commercial Usage: Commercial and office uses are limited to the front room ground floor (240 square feet plus half bath). Uses permitted are those listed as permitted uses in the City's C-3 Zone. Hours of operation are limited to 8 a.m. to 8 p.m. weekdays, and 10 a.m to 9 p.m_ on weekends and holidays. The number of persons permitted to work in a studio unit at any one time be limited to tWO. to Commercial uses shall not extend beyond the studio room areas except as would be permitted by a Home Occupation Permit. The commercial rooms shall not be enlarged (into the garage, residential entry and stairway area, etc.) Sound attenuation shall be built into building floors/ceilings and walls between the potential commercial areas and the residential areas per Title 25 of the Uniform Building Code. Additional sound attenuation may be necessary to provide a quiet residential environment for the residential use, based upon the type of commercial use. G. Performance standards for noise generation limit the level of noise produced in the commercial areas to a maximum of S0 dba as measured inside the second floor of the residential traits above and any residential units nearby. H. First floor areas are not permitted to be leased nor used as separate residential lMng spaces. 33. Disclosures Each title to property shall contain a disclosure addressing the railroad noise, traffic noise, and ability of the owners of the live/work units to use or to lease for commercial or office use, the first floor room in each unit. Conditions shall also include the requirement for each owner to provide a disclosure of these conditions to any tenants. A copy of the disclosure shall be provided to the City for approval prior to recordation of the Tract Map. Planning Commission Resolution No. 3042 PD 96-03 - 100 Harrison Avenue Page 9 34. Shared Access: A covenant shall be recorded obligating the existing and future property owner(s) to provide reciprocal access easements to the property immediately to the north, and/or an irrevocable offer of dedication for public roadway purposes, for that portion of the property consisting of the northern portion of the driveway, at such time as it is deemed necessary by the City, in order to limit the number of access points onto Harrison Avenue. This area shall not include any portion of the individual residential properties. 35. Soils Test A soils test shall be performed on the site, with potential toxins and contaminants tested based upon its historic uses. Any soil found not to meet State or County Health standards shall be removed and replaced. A copy of the test results shall be furnished the City. 36. Development Schedule Construction shall commence within two years of the approval of the project by the City Council and shall be completed within one year of the commencement. 37. Tract Map Expiration The tentative tract map shall be valid for two years. (Final map shall be submitted and recorded prior to this expiration period.) 38. Planned Development Permit Expiration The Planned Development Permit shall be valid for two years. REI}EVELOPMENT 39. Pursuant to the Agency's Housing Policy, all residential development projects within the Redevelopment Project Area shall provide at least 15% of the units at below market price to eligible low and moderate income persons. Based on the proposed density, this project shall provide at least three below market price units. Selling price, location, terms and conditions shall be subject to approval of the Agency. Planning Commission Resolution No. 3042 PD 96-03 - 100 Harrison Avenue Page 10 PASSED AND ADOPTED this 10th day of September, 1996, by the following roll call vote: AYES: NOES: ABSENT: AB STAIN: ATTEST: COMMISSIONERS: Alne, Gibbons, Jones, Keams, Lindstrom,, Meyer-Kennedy COMMISSIONERS: None COMMISSIONERS: Lowe COMMISSIONERS: None //' /'/g/ f .~ _ /) ~') MelL~?T6m, Ch~ir ' ' .,"1 I // ,// SteN¢~iasecki,' Secretary