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Site and Arch - Mod to Setback - 2011CITY of CAMPBELL Community Development Department December 15, 2010 Brian Aced De Maffei Construction 1799 The Alameda San Jose, CA 95126 Re: PLN2010-203 - 175 N. Second Street -Site and Architectural Review Permit Dear Applicant: Please be advised that at its meeting of December 14, 2010, the Planning Commission adopted Resolution No.4002 approving a Site and Architectural Review Permit (PLN2010- 203) to allow a modification to a side yard setback to allow a second story addition on the above referenced property. This action is effective in ten calendar days, unless appealed in writing to the City Clerk by 5 p.m. on Monday, January 3, 2011 (Note: appeal period extended due to City Hall closure between December 23rd and December 31St). The time within which judicial review of this action must be sought is governed by Section 1094.6 of the California Code of Civil Procedure, unless another statute (such as California Government Code Section 65009 or some other applicable provision) sets forth a more specific time period. If you have any questions, do not hesitate to contact me at (408) 866-2140. Sincerely, Steve Prosser Associate Planner Cc: Chad & Jennifer Van Every (Property Owner) 175 N. Second Street Campbell, CA 95008 RESOLUTION N0.4002 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A SITE AND ARCHITECTURAL REVIEW PERMIT (PLN2010-203) TO ALLOW A MODIFICATION TO A SIDE YARD SETBACK TO ALLOW A SECOND STORY ADDITION ON PROPERTY LOCATED AT 175 N. SECOND STREET IN AN R-1-6 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT. APPLICATION OF MR. BRIAN ACED. FILE NO.: PLN2010-203. 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 PLN2010-203: Environmental Finding 1. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 of the California Environmental Quality Act (CEQA), pertaining to the construction of additions to existing structures within an area where all public services and facilities are available to allow for maximum development permissible in the General Plan and not environmentally sensitive. Evidentiary Findings 1. The project site is zoned R-1-6 (Single Family Residential) on the City of Campbell Zoning Map. 2. The project site is designated Low Density Residential (6 units/gr. acre) on the City of Campbell General Plan Land Use diagram. 3. The proposed project will be compatible with the R-1-6 (Single Family Residential) Zone District with approval of a Site and Architectural Review Permit due the proposed FAR of .30. 4. The project site is located on the west side of Second Street between Grant Street and Latimer Avenue. 5. The proposed rear addition is a simple extension along existing building lines in that the second story addition is within existing setbacks and is in conformance with the City of Campbell Design Guidelines for Additions to Single Family Homes. Planning Commission Res .ion No. 4002 PLN2010-203 - 175 N. Second Street -Site and Architectural Review Permit Page 2 6. The proposed side setback would not be detrimental to the health, safety, peace, comfort or general welfare of persons in the neighborhood, or the city as a whole in that the proposed project is primarily a rear yard addition along an existing setback (legal nonconforming, but less than what currently would be required for the existing wall height), and does not include a second story window facing the adjacent neighbor, staff could support a finding that the existing side setback would not be detrimental to the health, safety, peace, comfort or general welfare of persons in the neighborhood, or the city as a whole. 7. The side setback would not unreasonably interfere with the ability of adjoining property owners to enjoy access to air, privacy, sunlight, and the quiet enjoyment of the owner's property in that the site development pattern of this specific neighborhood, where residences were constructed with one minimum side setback (approximately five feet) and an increased side setback that includes the driveway access for a detached garage located to the rear of the residence (approximately 16 feet), a sufficient distance is achieved between the residences such that maintaining the existing side setback would not unreasonable interfere with the ability of the adjoining property owners to enjoy access to air, privacy, sunlight, and the quiet enjoyment of their property. 8. The project does not include design features that make it appear significantly larger than the adjacent homes and the homes in the surrounding area as the proposed addition does not increase the height of the existing residence or significantly modify the existing architectural style. 9. The project is compatible with the architecture of the existing home and the adjacent neighborhood in that the project utilizes simple architectural design that matches existing materials and colors of existing residence, with a design not out of conformance with the surrounding community. 10. 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. 11. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. 12. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. Based upon the foregoing findings of fact and pursuant to Campbell Municipal Code Sections 21.08.030(E) and 21.42.060(8), the Planning Commission further finds and concludes that: 1. The side setback would not unreasonably interfere with the ability of adjoining property owners to enjoy access to air, privacy, sunlight, and the quiet enjoyment of the owner's property; Planning Commission Resc ..on No. 4002 PLN2010-203 - 175 N. Second Street -Site and Architectural Review Permit Paae 3 2. The side setback would not unreasonably interfere with the. ability of adjoining property owners to enjoy access to air, privacy, sunlight, and the quiet enjoyment of the owner's property; 3. The project will be consistent with the General Plan; 4. The project will aid in the harmonious development of the immediate area; and 5. The project is consistent with applicable adopted design guidelines. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Site and Architectural Review Permit (PLN2010-203) to allow a Modification to a Side Yard Setback to allow a second story addition on property located at 175 N. Second Street in an R-1-6 (Single Family Residential) Zoning District. The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the ordinances of the City of Campbell and the State of California. Where approval by the Community Development Director, 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 1. Approved Project: Approval is granted fora Site and Architectural Review Permit (PLN2010-203) allowing a Modification of a Side Setback for the construction of a 203 square foot second story addition, a 127 square foot rear covered patio, and a new bay window along the front elevation of an existing two-story residence on property located at 175 N. Second Street. The project shall substantially conform to the revised project plans stamped as received by the Planning Division on November 23, 2010, except as may be modified by the Conditions of Approval herein. 2. Permit Expiration: The Site and Architectural Review Permit approval shall be valid for one year from the date of final approval (December 14, 2011). Within this one-year period, an application for a building permit must be submitted. Failure to meet this deadline will result in the Site and Architectural Review Permit being rendered void. 3. Planning Final Required: Planning Division clearance is required 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. Planning Commission Resc on No. 4002 PLN2010-203 - 175 N. Second Street -Site and Architectural Review Permit Paae 4 4. 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. 5. Compliance with Other Regulations: The applicant shall comply with other state, county, and city ordinances that pertain to the proposed project and where they are conducted. 6. Contractor Contact Information Posting: 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. 7. 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. 8. 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. 9. 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. 10. Grading Plan: The building permit construction plans shall include a grading and drainage plan prepared by a qualified engineer showing drainage indicating actual (not assumed) existing and proposed grades relative to existing grade and showing management of on-site drainage for review and approval by the Community Development Director. The existing grade shall be modified by the minimum necessary to ensure proper drainage. 11. Height Measurements: The height measurements on the elevation sheets shall be revised on the building permit construction plans to be consistent with the grading and drainage plan. 12. Construction Activities: The applicant shall abide by the following requirements during construction: Planning Commission Resc on No. 4002 PLN2010-203 - 175 N. Second Street -Site and Architectural Review Permit Paae 5 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. Building Division 13. Permits Required: A building permit application shall be required for the proposed major remodel and second story addition to the existing single family structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 14. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 15. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 16. 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. 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 site drainage details. Elevation bench marks shall be called out at all locations that are identified as "natural grade" and intended for use to determine the height of the proposed structure. 18. Title 24 Energy Compliance: California Title 24 Energy Compliance forms shall be blue- lined on the construction plans. 8'/2 X 11 calculations shall be submitted as well. 19. 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. 20. Non-point Pollution Control Program: The City of Campbell, standard Santa Clara Valley Non-point Source Pollution Control Program specification sheet shall be part of plan Planning Commission Reso ~n No. 4002 PLN2010-203 - 175 N. Second Street -Site and Architectural Review Permit Page 6 submittal. The specification sheet (size 24" X 36") is available at the Building Division service counter. 21. 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 School District payment form from the City Building Division, after the Division has approved the building permit application. 22. 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. 23. Intent to Occupy During 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. 24. Build it Green: Applicant shall complete and submit a "Build it Green" inventory of the proposed new single family project prior to the issuance of a building permit. PASSED AND ADOPTED this 14th day of December, 2010, by the following roll call vote: AYES: Commissioners: Alster, Ebner, Gibbons, Reynolds and Roseberry NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: Resnikoff APPROVED: Elizabeth Gibbons, Chair ATTEST: Paul Kermoyan, Acting Secretary