Mod to PD Permit - Res Add - 2015MEMORANDUM CITY OF CAMPBELL
City Clerk's ®ffice
Ta; Stephen Rose, Associate Planner .Date: October 6, 2015
From: Andrea Sanders, Deputy City Clerk
Subject: Public Hearing for a Modification (PLN2015-204) to.a previously
approved Planned Development Permit at 1424 Maysun Court in the
P-D Zoning .District
At its regular meeting of October 6, 2015, City Council adopted Resolution 11895
approving . a Modification (PLN2015-204) to a previously approved Planned
Development Permit (PD89-24) to .allow a 270 square-foot second-story addition to
an existing two-story residence located at 1424 Maysun- Court in the P-D Zoning
District
Attached is a certified copy of Resolution 11895 for your records.
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RESOLUTION NO. 11895
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING MODIFICATION (PLN2015-204) TO A
PREVIOUSLY-APPROVED PLANNED DEVELOPMENT PERMIT
(PD89-24) TO ALLOW A 270 SQUARE-FOOT SECOND-STORY
ADDITION TO AN EXISTING TWO-STORY RESIDENCE LOCATED
AT 1424 MAYSUN COURT IN A P-D (PLANNED DEVELOPMENT)
ZONING DISTRICT.
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 City Council finds as follows with regard to the approval of a Modification (PLN2015-
204) to apreviously-approved Planned Development Permit (PD89-24):
Environmental Finding
1. This project is Categorically Exempt under Section 15301, Class 1 of the California
Environmental Quality Act (CEQA), pertaining to additions to existing structures.
Evidentiary Findings
1. The project site is zoned P-D (Planned Development) on the City of Campbell Zoning
Map.
2. The project site is designated Low Density Residential (Less than 3.5 units/gr. acre) on
the City of Campbell General Plan Land Use diagram.
3. The project site is an approximately 9,483 square-foot property located at the end of
Maysun Court, east of Harrief Avenue, north of Pollard Road and south of Hacienda
Avenue within the City's San Tomas Area Neighborhood Plan (STANP) and in a P-D
(Planned Development) Zoning District.
4. The project site is currently developed with atwo-story 3,966 sq. ft. single-family
residence.
5. The project site is a part of a subdivision that was approved pursuant to City Council's
approval of a Planned Development Rezoning (PD 89-24) by Ordinance No. 1799.
6. The proposed project is a request to allow fora 270 square-foot second-story addition
to an existing two-story dwelling. The project would increase the overall building
square-footage from 3,966 square-feet to 4,236 square-feet.
7. The proposed project requires approval of a Modification to the Planned Development
rezoning approval (PD 89-03) pursuant to Campbell Municipal Code Sec.
21.12.030:H.3.b as a "major modification," since the project proposes to add additional
square footage beyond what was originally approved.
Based upon the foregoing findings of fact the City Council further finds and concludes that
1. The proposed development or uses clearly would result in a more desirable
environment and use of land than would be possible under any other zoning district
classification;
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City Council Resolution ~~M1_:-~~11895 ~ --~
Approving a Modification (PLN2015-204)
Page 2 of 2
2. The proposed development would be compatible with the general plan and will aid in
the harmonious development of the immediate area;
3. The proposed development will not result in allowing more residential units that would
be allowed by other residential zoning districts which are consistent with the general
plan designation of the property; and
4. The proposed development would not be detrimental to the health, safety or welfare of
the neighborhood or of the city as a whole.
THEREFORE, BE IT RESOLVED that the City Council approves a Modification (PLN2015-
204) to a previously approved Planned Development Permit (PD89-24) to allow a 270
square-foot second-story addition to an existing two-story residence located at 1424
Maysun Court, subject to the attached Conditions of Approval (attached Exhibit "A").
PASSED AND ADOPTED this 6th day of October 2015, by the following roll call vote:
AYES: COUNCILMEMBERS: Gibbons, Resnikoff, Kotowski, Baker, Cristina
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
APPROVED:
ATTEST: ~~
Wendy ood, City Clerk
THE FCREGOMdG INSTRUMENT IS A TRUE
AND CQRRECT CCPY ~ THE ORiti1NAL
ON FILE IN TH64 CFfICE.
ATTEST: WENDY WCCD, CITY CLERK
C_,tiyY,C'F-CAMPaF!~j„ CA
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- ~- EXHIBIT A
CONDITIONS OF APPROVAL
Modification (PLN2015-204)
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:
Approved Project: Approval is granted for a Modification (PLN2015-204) to a previously-
approved Planned Development Permit (PD 89-24) to allow a 270 square-foot second-
story addition to an existing two-story residence located at 1424 Maysun Court in the P-
D (Planned Development) Zoning District. The project shall substantially conform to the
revised project plans stamped as received by the Planning Division on July 9, 2015,
except as may be modified by the Conditions of Approval herein.
2. Approval Expiration: The Modification approved herein is valid for one year from the date
of final approval (expiring September 22, 2016). Within this one-year period, an
application for a building permit must be submitted. Failure to meet this deadline will
result in the entitlement approval being rendered void.
3. Previous Conditions of Approval: The conditions of approval contained herein shall be
considered additional to those provided by City Council Ordinance No. 1799 and shall
only be applicable to Lot - 8 (1424 Maysun Court). Should there be a conflict of
provisions, the conditions of approval adopted herein shall prevail.
4. 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.
5. 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.
6. Construction Activities: The applicant shall abide by the following requirements during
construction:
a. 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.
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Conditions of Approval t,-- ~ - ~
Approving a Modification (PLN2015-204)
Page 2
b. 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.
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. Use standard dust and erosion control measures that comply with the adopted Best
Management Practices for the City of Campbell.
Building Division
7. Permits Required: A building permit application shall be required for the proposed
addition to and remodeling of the existing structure. The building permit shall include
Electrical/Plumbing/Mechanical fees when such work is part of the permit.
8. Plan Preparation: This addition may require plan prepared under the direction and
oversight of a California licensed Engineer or Architect. When applicable, plans
submitted for building permits shall be "wet stamped" and signed by the qualifying
professional person.
9. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet
of construction plans submitted for building permit.
10. Size of Plans: The minimum size of construction plans submitted for building permits
shall be 24 in. X 36 in.
11. 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.
12. 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.
13. 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.
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Conditions of Approval ~ -- ~ ~~--
Approving aModification (PLN2015-204)
Page 3
14. 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
submittal. The specification sheet (size 24" X 36") is available at the Building Division
service counter.
15. 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.
16. 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.
17. 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.
18. 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.
19. CA Green Building Code: This project is subject to the mandatory requirements for new
residential structures (Chapter 4) under the California Green Building Code, 2013 edition.
20. Stormwater Requirements: Storm water run-off from impervious surface created by this
permitted project shall be directed to vegetated areas on the project parcel. Storm water shall
not drain onto neighboring parcels.
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Council
Rep o~-t
Item:
Category:
Date:
Public Hearing
October 6, 2015
TITLE Public Hearing to consider ,the application of Jeffery & Jessica
Benesch for a Modification (PLN2015-204) to apreviously-approved
Planned Development Permit (PD89-24) to allow a 270 square foot
second-story addition to an existing two-story residence located at
1424 Maysun Court in the P-D (Planned Development) Zoning. District.
RECOMMENDATION
The Planning Commission recommends that the City Council take the following action:
Adopt a Resolution, incorporating the 'attached findings, approving a
Modification (PLN2015-204) to apreviously-approved Planned Development
Permit (PD89-24) to allow a 270 square-foot second-story addition to an existing
two-story residence located at 1424 Maysun Court in the P-D (Planned
Development) Zoning District.
PROJECT SITE
The project site is an-approximately 9,483 square-foot property located at the end of
Maysun Court, east of Harriet Avenue, north of Pollard Road and south of Hacienda
Avenue within the City's San Tomas Area Neighborhood Plan (STANP) and in a P-D
(Planned Development) Zoning District (reference Attachment 2 -Location Map &
Aerial Exhibit). The site is currently developed with atwo-story 3,966 sq. ft. single-family
residence.
BACKGROUND
On April 3, 1990, the City Council adopted Ordinance No. 1799 approving a Planned
Development Permit (PD89-24) for the development of an eight-lot single-family
residential subdivision. The approved plans included plots and home designs
conforming to the Pre-STANP "R-1" residential zoning requirements, consistent with the
property's Low-Density Residential General Plan Land Use designation.
PROJECT DESCRIPTION
The applicants (property owners) are seeking approval of a Modification of a previously
approved Planned Development Permit to allow a 270 square.foot second-story addition
to an existing two-story dwelling. The project would increase the overall building square-
footage from 3,966 square-feet to 4,236 square-feet.
City Council Report ~ September 22, 2015
PLN2015-204 -1424 Maysun Court
DISCUSSION
Page 2~of 3
The Campbell Municipal Code (CMC) typically provides for an administrative review of
small additions to single-family homes in .the Planned Development Zoning District.
However, this allowance is superseded by another code section that specifies that only
the City Council, upon recommendation by the Planning Commission may approve
additional square-footage for a Planned Development project. As a result, the proposed
scope of work is being processed as a Modification to the original approval.
For a full analysis of the project, please refer to Attachment 5 (Planning Commission
Staff Report, dated September 22, 2015) and Attachment 7 (Site and Architectural
Review Committee Memo, dated September 8, 2015).
Planning Commission Action: After discussion, the Planning Commission voted 6-0-1
recommending .that the City Council approve the proposed project subject to the
recommended Conditions of Approval (reference Attachment 6 -Draft Planning
Commission Meeting Minutes, dated September 22, 2015).
Public Noticing: The applicant's written statement (reference Attachment 4 -Written
Statement & Supporting Documents) indicates that the adjoining property owner to the
north identified potential solar access concerns. The project architect evaluated solar
inclination charts to plot the projected shadow created by second-story, determining that
solar access would not be impacted.
ENVIRONMENTAL DETERMINATION
The Planning Commission recommends that the City Council -find that this project is
Categorically Exempt under Section 15301, Class 1 of the California Environmental
Quality Act (CEQA), pertaining to additions to existing structures.
ALTERNATIVES
1. Approve the proposed project subject to additional and/or modified Conditions of
Approval. .
2. Deny the proposed project subject to modified Findings.
3. Continue for further review. ,
Prepared by:
Stephen Rose, Associate Planner
Reviewed by:
Approved by:
Paul Kermoyan, Community Development Director
Mark Linder, City Manager ~-