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