2024-01-09 PC Agenda Packet
Planning Commission
REGULAR MEETING AGENDA
Tuesday, January 9, 2024 | 7:30 PM
City Hall Council Chamber – 70 N. First Street
CALL TO ORDER / ROLL CALL
This Planning Commission meeting will be conducted in person and virtually via video
teleconferencing (Zoom) in compliance with the provisions of the Brown Act. Members of the
public may attend this meeting in person at Campbell City Hall or virtually via Zoom at
https://campbellca.gov/PCSignup. The meeting will also be live streamed on Channel 26, the
City's website, and on YouTube at https://www.youtube.com/@CityofCampbell.
Written correspondence will be accepted via email at planning@campbellca.gov until 5:00 PM
on the day of the meeting, and thereafter may be delivered in-person at the public hearing.
Written correspondence will be posted to the City’s website and distributed to the Planning
Commission. If you choose to email your comments, please indicate in the subject line “FOR
PUBLIC COMMENT” and indicate the item number.
APPROVAL OF MINUTES
1. Approval of Minutes of December 12, 2023 (Roll Call Vote)
➢ Meeting Minutes, 12/12/2023 (Regular Meeting)
COMMUNICATIONS
AGENDA MODIFICATIONS OR POSTPONEMENTS
ORAL COMMUNICATIONS
This portion of the meeting is reserved for individuals wishing to address the Planning
Commission on matters of community concern that are not listed on the agenda. In the interest
of time, the Chair may limit speakers to five minutes. Please be aware that State law prohibits
the Commission from acting on non-agendized items, however, the Chair may refer matters to
staff for follow-up.
PUBLIC HEARING
Note: Members of the public may be allotted up to two (2) minutes to comment on any public
hearing item. Applicants/Appellants and their representatives may be allotted up to a total of
five (5) minutes for opening statements and up to a total of three (3) minutes maximum for
closing statements. Items requested/recommended for continuance are subject to Planning
Commission’s consent at the meeting.
Planning Commission Agenda for January 9, 2024 Pg. 2
2. PLN-2023-136 – 189 Sunnyside Ave.
Public Hearing to consider the request of Mike Amini on behalf of Don Barnetson to allow
a subdivision from 1 lot to 2 lots and construction of an approximately 2,032 square-foot
new two-story single-family residence on the newly created lot on property located at
189 Sunnyside Avenue. The application under consideration is a Planned Development
Permit and Tentative Map submitted under an SB-330 preliminary application filed in
compliance with Government Code § 65941.1. File No.: PLN-2023-189. Staff is
recommending that this item be deemed Categorically Exempt under CEQA. Tentative
City Council Date: February 20, 2024. Project Planner: Tracy Tam, Associate Planner.
Recommended Action: Adopt a Resolution (reference Attachment A), recommending
approval of a Planned Development Permit and Tentative Map.
3. PLN-2021-215 – 946 S McGlincy Ln.
Public Hearing to consider the request of Denny Kobza on behalf of Terra Firma
Development & Holdings LLC to allow construction of an approximately 10,250 square-
foot industrial/warehouse building, with an exception to the side setback requirement,
on property located at 940/946 S McGlincy Lane. The application under consideration is
a Site and Architectural Review Permit. File No.: PLN-2021-215. Staff is recommending
that this item be deemed Categorically Exempt under CEQA. Planning Commission action
is final unless appealed in writing to the City Clerk within 10 calendar days. Project
Planner: Daniel Fama, Senior Planner.
Recommended Action: Make a motion to continue consideration of this item to the
regular Planning Commission meeting of January 23, 2024.
REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
ADJOURNMENT
Adjourn to the Planning Commission meeting of January 23, 2023, at 7:30 PM, in the City Hall
Council Chambers, 70 North First Street, Campbell, California and via telecommunication.
Americans with Disabilities Act (ADA)
In compliance with the Americans with Disabilities Act, listening assistance devices are available
for meetings held in the Council Chambers. If you require accommodation to participate in the
meeting, please contact the City Clerk’s Office at ClerksOffice@campbellca.gov or 408-866-2117
in advance of the meeting.
PLANNING COMMISSION
REGULAR MEETING MINUTES
Tuesday, December 12, 2023 I 7:30pm
City Hall Council Chamber
CALL TO ORDER
The Regular Planning Commission meeting of December 12, 2023 was called to order at 7:30 pm
by Chair Buchbinder, and the following proceedings were had to wit.
ROLL CALL
Staff present:
Bill Seligmann, City Attorney
Daniel Fama, Senior Planner (Acting Secretary)
Tracy Tam, Associate Planner
Larissa Lomen, Assistant Planner
Ken Ramirez, Administrative Analyst
APPROVAL OF MINUTES
1. Approval of Minutes of November 28, 2023 (Roll Call Vote)
➢ Meeting Minutes, 11/28/2023 (Regular Meeting)
➢ Commissioners present at 11/28/23 Planning Commission meeting approved
meeting minutes.
COMMUNICATIONS
Senior Planner Daniel Fama advised of an email communication for Item 4, 1320 Burrows Road,
that was provided to staff earlier in the evening.
AGENDA MODIFICATIONS OR POSTPONEMENTS
Planning Commissioners Present:
Adam Buchbinder, Chair
Alan Zisser, Vice Chair
Davis Fields
Michael Krey
Matt Kamkar
Planning Commissioners Absent
Maggie Ostrowski
Cori Majewski
Campbell Planning Commission Meeting Minutes – December 12, 2023 Page 2 of 10
None
ORAL COMMUNICATIONS
This portion of the meeting is reserved for individuals wishing to address the Planning
Commission on matters of community concern that are not listed on the agenda. In the interest
of time, the Chair may limit speakers to five minutes. Please be aware that State law prohibits the
Commission from acting on non-agendized items, however, the Chair may refer matters to staff
for follow-up.
Opened and Closed Public Comment, no public comments were received.
PUBLIC HEARING
Note: Members of the public may be allotted up to two (2) minutes to comment on any public
hearing item. Applicants/Appellants and their representatives may be allotted up to a total of five
(5) minutes for opening statements and up to a total of three (3) minutes maximum for closing
statements. Items requested/recommended for continuance are subject to Planning Commission’s
consent at the meeting.
2. PLN-2023-155 – Zoning Map, Housing Overlay Districts, and Related Zoning Code
Text Amendments
Public Hearing to consider the establishment of a new Zoning Map incorporating three
new Housing Overlay Zoning Districts and adoption of related Zoning Code Text
Amendments. File No.: PLN-2023-155. Staff is recommending that this project be
found consistent with the Final Environmental Impact Report (EIR) (SCH: 2022030566)
prepared for the 2040 General Plan and 2023-2031 Housing Element and Categorically
Exempt under CEQA. Tentative City Council Date: February 6, 2024. Project Planner:
Stephen Rose, Senior Planner.
Recommended Action: Make a motion to continue consideration of the subject item
to the Planning Commission meeting of January 23, 2024.
Chair Buchbinder opened the Public Hearing for Agenda Item No. 2.
Motion: Upon motion by Commissioner Krey, seconded by Vice Chair Zisser,
the Planning Commission motioned to continue the public hearing regarding
establishment of a new Zoning Map incorporating three new Housing Overlay
Zoning Districts and adoption of related Zoning Code Text Amendments to a date
certain of January 23, 2024.
AYES: Fields, Krey, Kamkar, Zisser, Buchbinder
NOES: None
ABSENT: Majewski, Ostrowski
ABSTAIN: None
Campbell Planning Commission Meeting Minutes – December 12, 2023 Page 3 of 10
Chair Buchbinder left the Public Hearing open for Agenda Item No. 2.
3. PLN-2023-173 – 653 E. Campbell Avenue, Suite 2
Public Hearing to consider the request of Adam Scofield on behalf of Greyland’s
Professional Office Center, LLC to establish a chiropractic office (“medical services,
clinic”) within an existing tenant space in the Greyland’s Professional Office Center on
property located at 653 E. Campbell Avenue, Suite 2. The application under
consideration includes a Conditional Use Permit. File No.: PLN-2023-173. Staff is
recommending that this project be deemed Categorically Exempt under CEQA.
Planning Commission action is final unless appealed in writing to the City Clerk within
10 calendar days. Project Planner: Larissa Lomen, Assistant Planner.
Recommended Action: Adopt a Resolution (reference Attachment A) approving a
Conditional Use Permit.
Chair Buchbinder opened the Public Hearing for Agenda Item No. 3.
Assistant Planner Larissa Lomen presented the staff report to consider the request of Adam
Scofield on behalf of Greyland’s Professional Office Center, LLC to establish a chiropractic office
(“medical services, clinic”) within an existing tenant space, in the Greyland’s Professional Office
Center on property located at 653 E. Campbell Avenue, Suite 2.
Commissioners were informed that the Planning Commission’s Ad-Hoc Economic Development
Subcommittee would propose modifications that would change the application procedure for this
type of project from a Conditional Use Permit to being processed as administrative.
Chair Buchbinder opened Public Comment.
Applicant Adam Scofield, on behalf of Greyland’s Professional Office Center LLC, stated that he
has worked as a chiropractor for six years and wishes to open his own practice and create a space
to help people live healthy and pain-free lives.
Commissioners had questions regarding the applicant’s previous work experience.
No comments from members of the public were made.
Chair Buchbinder closed Public Comment.
Commissioners welcomed the applicant to Campbell and hoped he would be one of the last
applicants to go through the longer process.
Campbell Planning Commission Meeting Minutes – December 12, 2023 Page 4 of 10
Motion: Upon motion by Commissioner Krey, seconded by Commissioner Fields, the
Planning Commission motioned to grant approval of a Conditional Use Permit to
establish a chiropractic office (“medical services, clinic”) within an existing
tenant space in the Greyland’s Professional Office Center on property located at
653 E. Campbell Avenue, Suite 2.
AYES: Fields, Krey, Kamkar, Zisser, Buchbinder
NOES: None
ABSENT: Majewski, Ostrowski
ABSTAIN: None
Chair Buchbinder closed the Public Hearing for Agenda Item No. 3.
4. PLN-2023-60 – 1320 Burrows Road
Public Hearing to consider the request of Valley Home Builders (Natalie Paolercio) to
allow the demolition of an existing single-family residence and construction of a new
approximately 3,650 square foot two-story single-family residence on property
located at 1320 Burrows Road. The application under consideration includes a Site
and Architecture Review Permit. File No.: PLN-2023-60. Staff is recommending that
this project be deemed Categorically Exempt under CEQA. Planning Commission action
is final unless appealed in writing to the City Clerk within 10 calendar days. Project
Planner: Tracy Tam, Associate Planner.
Recommended Action: Adopt a Resolution (reference Attachment A) approving a Site
and Architecture Review Permit.
Chair Buchbinder opened the Public Hearing for Agenda Item No. 4.
Associate Planner Tracy Tam presented the staff report to consider the request of Valley Home
Builders (Natalie Paolercio) to allow the demolition of an existing single-family residence and
construction of a new approximately 3,650 square foot two-story single-family residence on
property located at 1320 Burrows Road.
Commissioners received clarification that under State law this project should not go through a
Planning Commission hearing, but it is because the rules currently call for that.
Commissioners were informed that staff received one public inquiry requesting the window on
the second story facing the north property line be made obscure and frosted. San Tomas Area
Neighborhood Plan privacy impact policies standards are subjective, but as the project needs to
be considered ministerially only objective standards can apply to the project.
Commissioners inquired about configuration of the original proposal and whether it was the
same as the current “wedding cake” configuration with a second floor smaller than the first.
Commissioners also asked if the city’s requirements mandated the second story be stepped back
from the first story.
Campbell Planning Commission Meeting Minutes – December 12, 2023 Page 5 of 10
Associate Planner Tam clarified that the initial proposal did not comply with setback
requirements, which is an objective standard, but now a larger setback has been incorporated to
comply with the San Tomas Area Neighborhood Plan. The initial proposal set the second floor
back from the first floor.
Commissioners questioned whether the project would be required to go through an addressing
process, based on how the project has been designed. Associate Planner Tam clarified that the
Building Division handles addressing and the project would likely have a Steinway Avenue
address. For planning purposes they consider Burrows Road the front property line based on the
definition of what a front property line is.
Commissioners sought clarification that they could not condition the project in a manner that
would change the proposal as the decision needed to be ministerial. Staff confirmed this
understanding.
Chair Buchbinder opened Public Comment.
Applicant’s architect Natalie Paolercio stated that one change they made in the last revision was
to raise the header height of the second floor window facing the north property line to 8 feet, so
the top of the bottom pane is 5 feet, 8 inches, and with the distance away from the structures
and the height in general they do not believe this is a privacy concern any longer and are
reluctant to frost the top pane of the window.
Ms. Paolercio outlined additional changes they had made in the service of privacy.
Ms. Paolercio clarified that the house’s wedding cake design was done both because it worked
well with the applicant’s desired design, and because of the City’s San Tomas Area Neighborhood
Plan design guidelines minimizing the use of design features which would make the new homes
appear larger.
Ms. Paolercio confirmed that she was aware that the Planning Commission could not require the
applicants to frost the upper half of the window.
Chair Buchbinder closed Public Comment.
Planning Commissioners discussed their support of the project and noted that the applicants
raised the second floor window, something they were not required to do, to address the privacy
concerns, and that frosting the upper half of the window may not be necessary given the height.
Motion: Upon motion by Commissioner Krey, seconded by Vice Chair Zisser, the Planning
Commission motioned to grant approval of a Site and Architecture Review
Permit to allow the demolition of an existing single-family residence and
construction of a new approximately 3,650 square foot two-story single-family
residence on property located at 1320 Burrows Road.
Campbell Planning Commission Meeting Minutes – December 12, 2023 Page 6 of 10
AYES: Fields, Krey, Kamkar, Zisser, Buchbinder
NOES: None
ABSENT: Majewski, Ostrowski
ABSTAIN: None
Chair Buchbinder closed the Public Hearing for Agenda Item No. 4.
PLN-2023-135 – 44 & 56 Sunnyside Avenue
Public Hearing to consider the request of Sachneel Patel on behalf of 44 Sunnyside LLC to
allow construction of a 6-lot detached single-family residential subdivision, and related
removal of on-site “protected” trees on property located at 44 & 56 Sunnyside Avenue.
The applications under consideration include a Planned Development Permit, Tentative
Vesting Subdivision Map, and Tree Removal Permit submitted under an SB-330
preliminary application filed in compliance with Government Code § 65941.1. File No.:
PLN-2023-135. Staff is recommending that this project be deemed Categorically Exempt
under CEQA. Tentative City Council Date: January 22, 2024. Project Planner: Daniel Fama,
Senior Planner.
Recommended Action: Adopt a Resolution (reference Attachment A) recommending that
the City Council approve a Planned Development Permit, Tentative Vesting Subdivision
Map, and Tree Removal Permit.
Chair Buchbinder opened the Public Hearing for Agenda Item No. 5.
Senior Planner Daniel Fama presented the staff report to consider the request of Sachneel Patel
on behalf of 44 Sunnyside LLC to allow construction of a 6-lot detached single-family residential
subdivision, and related removal of on-site “protected” trees on property located at 44 & 56
Sunnyside Avenue.
Senior Planner Fama clarified that the porch line is considered the actual setback.
Commissioners inquired if before the recent changes would the City have typically asked the
applicants to try to redesign the project slightly to save Mulberry Tree No. 1 in the front corner,
which is a protected tree?
Senior Planner Fama responded yes, and that is what did happen with the redwood trees on the
lot that were slated for removal, but the redwood trees are in much better condition than the
mulberry tree and there are two of them.
Senior Planner Fama clarified that because these buildings are three stories the fire department
would need aerial access, and 26 feet for the private street is the minimum the City provides for
fire access. Two story homes would only need 20 feet minimum for fire access.
Campbell Planning Commission Meeting Minutes – December 12, 2023 Page 7 of 10
Senior Planner Fama clarified that the depth of the lot is less than 150 feet, so a turnaround is not
required.
Commissioners inquired about the reason for the 2-foot setback.
Senior Planner Fama responded the property line is pushed inward so there could be a sidewalk
and a park strip, and though it is not consistent with the rest of the street, this property is next to
a commercial property and Public Works wishes to continue that streetscape through this
property.
Commissioners discussed neighbor concerns expressed during the preliminary application and
inquired about design changes made to accommodate these concerns.
Senior Planner Fama responded the design is largely the same.
Senior Planner Fama clarified that this is a housing application that cannot be denied without
violating the Housing Accountability Act, however, the Commission could condition it in a manner
that does not diminish it’s intensity or density if that condition could be rooted in the findings or
General Plan policy.
Senior Planner Fama clarified that there would be replacement trees provided for the trees that
would be removed.
Commissioners inquired about sidewalk requirements, how expensive it is to install a sidewalk,
and how one builds a sidewalk that complies with Public Works requirements.
Senior Planner Fama clarified responded that it is common practice to require an “exaction”
where the City requires certain types of off-site public improvement to be installed as part of the
project.
Commissioners discussed a new requirement beginning September 2024 to treat street storm
water in the street and using park strips as a place to treat the water.
Senior Planner Fama clarified that the park strip in this case is not for storm water treatment, but
more for aesthetics and connection to the commercial sidewalk next door.
Chair Buchbinder opened Public Comment.
Applicant’s architect Lance Crannell stated that he was available for questions from the
Commission.
Commissioners inquired regarding any shadow studies that may have been conducted on the
site.
Campbell Planning Commission Meeting Minutes – December 12, 2023 Page 8 of 10
Mr. Crannell stated the shadows don’t fall on the neighbor’s side based on the solar orientation
of the two buildings. He noted that the neighbors also made comments regarding the window
placement and said the applicant is open to make adjustments.
Chair Buchbinder closed Public Comment.
Commissioners were supportive of the new design and discussed how this home might change
the character of the street that contains historic structures, but acknowledged the street already
contains several multi-unit buildings and is adjacent to Winchester Boulevard.
Commissioners also discussed how the three-story design is a good way for the City to meet its
RHNA numbers and hoped some of the units would be ADUs.
Commissioners also discussed the City’s short setback requirement and having the wider walkway
along the development simply because there is commercial next to it. Commissioners wondered
whether they were giving up a setback for a little bit wider sidewalk for no real reason. Senior
Planner Fama informed the Commission that he would flag this issue for the City Council.
Motion: Upon motion by Commissioner Krey, seconded by Commissioner Kamkar, the
Planning Commission motioned to grant approval of a Planned Development
Permit, Tentative Subdivision Map, and Tree Removal Permit to allow
construction of a 6-lot detached single-family residential subdivision, and related
removal of on-site “protected” trees on property located at 44 & 56 Sunnyside
Avenue.
AYES: Fields, Krey, Kamkar, Zisser, Buchbinder
NOES: None
ABSENT: Majewski, Ostrowski
ABSTAIN: None
Chair Buchbinder closed the Public Hearing for Agenda Item No. 5.
OLD BUSINESS
6. Planning Commission Parking Ad-Hoc Subcommittee
Presentation on the status of the Planning Commission’s Parking Ad-Hoc
Subcommittee on Non-Residential Parking Reform.
Chair Buchbinder presented the subcommittee’s parking proposal and asked for his fellow
commissioners’ comments.
Commissioners said the updated parking proposal aligns with Council’s position, but before
continuing work on the proposal they must ensure it is high enough on the Council’s priority list
that they want the Planning Commission to work on it at all. Commissioners wished for staff’s
input on the proposal as well.
Campbell Planning Commission Meeting Minutes – December 12, 2023 Page 9 of 10
Senior Planner Fama indicated that next year the Commission will be asked provide
recommended workplan items to the City Council. At that time, the Commission may discuss
recommending an update to the City's parking standards.
NEW BUSINESS
7. 2024 Planning Commission Meeting Schedule (Voice Vote)
The Commission reviewed the proposed 2024 meeting schedule. Motion: Voice
Vote to Approve the 2024 Planning Commission Meeting Schedule
AYES: Fields, Krey, Kamkar, Zisser, Buchbinder
NOES: None
ABSENT: Majewski, Ostrowski
ABSTAIN: None
8. Election of 2024 Chair and Vice Chair (Voice Vote)
Upon motion by Commissioner Krey, seconded by Commissioner Fields, the Planning
Commission motioned to nominate Vice Chair Zisser for 2024 Chair of the Planning
Commission, and Commissioner Kamkar for 2024 Vice Chair of the Planning Commission.
Motion: Voice Vote to Elect 2024 Chair and Vice Chair
AYES: Fields, Krey, Kamkar, Zisser, Buchbinder
NOES: None
ABSENT: Majewski, Ostrowski
ABSTAIN: None
Outgoing Chair Buchbinder was presented with a plaque to commemorate completion of his term
as 2023 Chair of the Planning Commission.
Commissioner Buchbinder expressed thanks to his fellow commissioners and staff for their work
and assistance in 2023.
9. Appointment of SARC Members (Appointment by the Incoming Chair)
The 2024 Chair will appoint the 2024 SARC members.
Incoming Chair Zisser appointed Vice Chair Kamkar as the 2024 head of the SARC, with
Commissioner Fields as the second member of the SARC.
Vice Chair Kamkar and Commissioner Fields accepted the appointments to SARC.
REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
Senior Planner Daniel Fama reported that:
Campbell Planning Commission Meeting Minutes – December 12, 2023 Page 10 of 10
• The City Council reviewed the Planning Commission’s Ad-Hoc Economic Development
Advisory Subcommittee’s recommendations at its last meeting and give direction to proceed.
Senior Planner Stephen Rose will be working on the formal text amendment for Planning
Commission and Council consideration early next year.
ADJOURNMENT
Adjourned meeting at 8:54 p.m. to the next Regular Planning Commission Meeting on Tuesday,
January 9, 2024 in the City Hall Council Chambers, 70 North First Street, Campbell, California and
via telecommunication.
PREPARED BY: _______________________________
Ken Ramirez, Administrative Analyst
APPROVED: ______________________________
Adam Buchbinder, Chair
ATTEST: ________________________________
Daniel Fama, Acting Secretary
ITEM NO. 2
CITY OF CAMPBELL ∙ PLANNING COMMISSION
Staff Report ∙ January 9, 2024
PLN-2023-136 Amini, M.
Public Hearing to consider the application by Mike Amini on behalf of Don Barnetson to allow a subdivision from 1 lot to 2 lots and construction of an approximately 2,032 square-foot new two-story single-family residence on the
newly created lot on property located at 189 Sunnyside Avenue in the P-D
(Planned Development) Zoning District.
STAFF RECOMMENDATION
That the Planning Commission take the following action:
1. Adopt a Resolution (reference Attachment 1), recommending approving a Planned Development Permit and Tentative Map (PLN-2023-136) to the City Council to allow construction of a new approximately 2,032 square-foot two-story single-family residence on a newly created lot, and finding the project Categorically Exempt under Section 15332 (In-
Fill Development Projects) and 15315 (Minor Land Divisions) of the California
Environmental Quality Act.
ENVIRONMENTAL (CEQA) DETERMINATION
Staff recommends that the Planning Commission find that this project is Categorically Exempt
under Sections 15332 (In-Fill Development Projects) and 15315 (Minor Land Divisions) of the
California Environmental Quality Act (CEQA) as the project is found consistent with all applicable general plan policies and zoning regulations, is under five acres in size, and substantially surrounded by urban uses. The project involves the subdivision of land from one parcel to two parcels which is found in conformance with the general plan and zoning, does not
involve any variances or exceptions, is able to be served by all services, and access to parcels
by local standards is available, and has not been involved in a larger subdivision within the last two years, and does not contain an average slope greater than 20%.
PROJECT DATA
Zoning District: P-D
General Plan Designation: Low-Medium Density Residential (6 – 13 dwelling units). 2 unit allowed, 1 unit proposed and 1 unit is existing. Complies.
Proposed Density: 10.26 units/gr. Acre 13 units/gr. Acre (max)
Net Total Lot Area (pre-subdivision): 7,244 square feet
New Lot Area (new parcel): 3,500 square feet
Proposed Building Height: 23’-6” 75 feet (City-wide max.)
Proposed Building Square footage: 2,032 (inclusive of a 280 square foot attached garage)
Staff Report ~ Planning Commission Meeting of January 9, 2024 Page 2 of 7 PLN-2023-136 ~ 189 Sunnyside Avenue
Floor Area Ratio: 0.58 (on proposed new lot), 0.54 (overall)
Lot Coverage: 36%
Parking: 1 covered parking space, 0 parking spaces are required1
Building Setbacks: Front (Sunnyside Ave):
Side
Side Rear:
Proposed 20-feet
12-feet
5-feet 4-feet
Minimum Required N/A
N/A
N/A N/A
PROJECT DESCRIPTION
Project Location: The project site is an approximately 7,244 square foot property located on Sunnyside Avenue, west of South First Street. The project site is currently developed with a two-
story single-family home located towards the rear of the property. Detached single-family
residences surround the property.
Applicant’s Proposal: The applicant is requesting approval of a Planned Development Permit and
Tentative Map to allow a subdivision from 1 lot to 2 lots and the construction of an approximately 2,032 square-foot new two-story single-family residence on the newly created lot.
1 The project is located within ½ mile to the Downtown Campbell light rail station, and therefore, no parking is required under Assembly Bill 2097.
Staff Report ~ Planning Commission Meeting of January 9, 2024 Page 3 of 7 PLN-2023-136 ~ 189 Sunnyside Avenue
DISCUSSION
The project is subject to the Housing Crisis Act and the Housing Accountability Act. Under the Housing Crisis Act, there are provisions that allow for a vesting pre-application process. This pre-application process essentially allows an applicant to use the zoning code standards, General Plan policies, and building/fire codes that are in effect at the time a pre-application is submitted.
Therefore, the currently effective zoning code, General Plan, and Multi-Family Development and Design Standards (MFDDS) are not applicable to this project as the Preliminary Application was filed on May 24, 2023, prior to the effective date of the current zoning code, General Plan, and MFDDS. To qualify as a Housing Development Project under the Housing Crisis Act, the applicant has proposed a JADU/ADU on the rear parcel, thus resulting in 3 housing units.
The Housing Accountability Act limits the city’s ability to “deny, reduce the density for, or render infeasible” the project unless the project violates an objective General Plan or zoning standard or if the project will result in a specific adverse impact to the public health and safety. While the decision-maker may not deny a project based on subjective criteria, they may impose conditions of approval altering the project, if it is related to a specific finding or city policy.
As noted in the Project Data section of this report, the project site is located in a P-D (Planned Development) zoning district. This zoning district does not have any development standards related to setbacks, floor area ratio, and lot coverage. Previously, proposals under the P-D zoning were afforded the ability to be evaluated on a case-by-case basis and the review of these projects was subjective. The P-D zone was intended to allow for this flexibility. However, due to the passing of
the Housing Accountability Act, housing projects can no longer be reviewed in a subjective way and projects can only be held to objective standards. Therefore, there is limited ability to modify or deny housing projects.
ANALYSIS
General Plan:
The General Plan Land Use designation for the property is Low-Medium Density Residential (6 –
13 units to the gross acre). The General Plan Land Use designation of Low-Medium Density Residential allows for duplexes, small apartment buildings, and small lot single-family detached
Staff Report ~ Planning Commission Meeting of January 9, 2024 Page 4 of 7 PLN-2023-136 ~ 189 Sunnyside Avenue
homes when the P-D (Planned Development) zoning designation is utilized. The project is consistent with the General Plan Land Use designation as it is a small lot single-family detached home located in a P-D zoning designation. The project also complies with the density range by proposing a density of roughly 10 units per gross acre when a maximum of 13 units per gross acre is allowed.
Zoning Code:
The project site has a zoning designation of P-D (Planned Development). The P-D zoning district is intended to provide a degree of flexibility not otherwise allowed by other zoning districts. As such, the P-D zoning district does not contain development standards such as maximum height, setbacks, floor area ratios, lot coverage, or landscaping requirements.
Considerations in Review of Applications: In review of a Planned Development Permit, the Zoning
Code (CMC Section 21.12.030.H.5) directs the decision-making body to consider certain design and layout aspects of the proposal prior to rendering a decision, referred to as “considerations”. These “considerations” are related to the following: traffic safety, congestion, site circulation, landscaping, structures, and site layout. As these “considerations” are subjective, they cannot be used in reaching a decision, or reducing the size of the project however, staff has provided a narrative
of how the project is consistent with these “considerations”.
A. Considerations relating to site circulation, traffic congestion, and traffic safety: The project proposes a shared driveway located on Sunnyside Avenue. This shared driveway will serve the proposed two-story residence fronting Sunnyside Avenue and the existing single-family residence in the rear. The existing single-family residence in the rear will be accessed off of
Sunnyside Avenue via an easement located on the newly created lot. The project proposes
one covered parking space via an attached garage. The project site is located within ½ mile of the Downtown Campbell light rail station and therefore is not subject to any minimum parking standards due to AB-2097 (Government Code Section 65585). The proposed project will not have a discernible impact upon traffic congestion given that it would only result in
a net increase of one single-family residence and attached JADU/ADU for the existing
single-family residence in the rear. The project also does not present any potential circulation or traffic safety concerns.
B. Considerations relating to landscaping: The P-D Zoning District did not have any landscaping requirements. A portion of the front yard will be landscaped.
C. Considerations relating to structure and site layout: As mentioned, the project will be
accessed from Sunnyside Avenue and the fire department will take access off of Sunnyside Avenue. The site presently contains one two-story single-family residence in the rear and the proposed project involves the construction of a single-family residence in the front, facing Sunnyside Avenue. There will be a rear setback of 4-feet for the proposed residence.
Findings for Approval
Planned Development Permit Findings (CMC Section 21.12.030.H.6 of the former zoning code): The property is located within the P-D Zoning District. The Planning Commission may approve the proposed two-story single-family residence after making all four (4) of the required findings described in italics below. An explanation of how the project does or does not meet each finding
follows in plain text below.
1. The proposed development or uses clearly would result in a more desirable environment
and use of land than would be possible under any zoning district classification;
Staff Report ~ Planning Commission Meeting of January 9, 2024 Page 5 of 7 PLN-2023-136 ~ 189 Sunnyside Avenue
Yes. The project would result in a more desirable environment than would be possible under any other zoning classification. Under the R-M (Multiple-Family) zoning designation (which is the former comparable zoning district), the project as proposed could not be built due to setbacks and lot size requirements. The project implements the Low-Medium Density residential General Plan designation.
2. The proposed development would be compatible with the general plan and will aid in
the harmonious development of the immediate area;
Yes. The Low-Medium Density Residential General Plan designation allows for 6 to 13 units per gross acre. Based on a 0.195 gross lot area, the construction of one family dwelling unit results in a density of 10.26 units per gross acre, consistent with the range.
The General Plan designation also allows for duplexes, small apartment buildings, and small lot single-family detached homes. The proposed project also complies with the following General Plan policies and strategies:
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.
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.
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.
Strategy LUT-9.3: 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.
3. 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;
Yes. The comparable zoning district for the property based on the General Plan designation is the former R-M (Multiple-Family) zoning district, which would allow 2
units (resulting density would be 12.05 dwelling units to the acre where the maximum
density is 13 dwelling units to the acre) to be constructed based on the net lot area. Per State Law, accessory dwelling units cannot be counted towards density and therefore, the JADU/ADU on the rear lot was not considered.
4. The proposed development would not be detrimental to the health, safety or general
welfare of the neighborhood or of the city as a whole.
Yes. The new single-family residence will not result in any public health impacts. The residential use will not result in the release or distribution of any hazardous substances, emissions, or waste.
Subdivision Findings: The following findings are required pursuant to Sections 66473.1, 66474.60,
66474.61, and 66474.63 of the California Government Code (Subdivision Map Act).
Staff Report ~ Planning Commission Meeting of January 9, 2024 Page 6 of 7 PLN-2023-136 ~ 189 Sunnyside Avenue
1. That the proposed map is consistent with applicable general plan and specific plans;
Yes, as discussed in the Planned Development Permit Finding #2 above.
2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans;
Yes. While the General Plan does not have specific standards for subdivisions, it references
the Subdivision Map Act in one of the regulations that help implement the general plan. The City’s Subdivision Code allows for P-D (Planned Development) zoned properties to utilize an ingress/egress easement to maintain access to a public street. The project is proposing an ingress/egress easement to maintain access to the public street for the rear lot.
3. That the site is physically suitable for the type of development;
Yes. The project site is relatively flat which will require minimal grading. The project also includes utility easements (such as a sewer easement) to allow for utility service.
4. That the site is physically suitable for the proposed density of development;
Yes. The project site can physically accommodate the new single-family residence.
5. That the design of the subdivision or the proposed improvements are not likely to cause
substantial environmental damage or substantially and avoidable injure fish or wildlife or
their habitat;
Yes. The project site is not identified as containing any value for habitat for fish or other wildlife. The new single-family residence will not result in substantial environmental damage as it is located in a developed area and was developed previously with a single-
family residence.
6. The design of the subdivision or the type of improvements will not cause serious public health
problems; and
Yes. The subdivision or the type of improvements will not cause serious public health problems. The project site is relatively flat, resulting in minimal grading activities.
Furthermore, the project is not identified as containing subsurface hazardous contaminants.
7. The design of the subdivision or the type of improvements will not conflict with easements,
acquired by the public at large, for access through or use of property within the proposed subdivision or that alternative easements for access will be provided, and that these will be substantially equivalent to ones previously acquired by the public.
Yes. The proposed subdivision will include an ingress/egress easement to allow access from Sunnyside Avenue to the rear property and a sewer easement to allow for a sewer connection for the proposed single-family residence. The proposed subdivision will not conflict with any public easements.
Site and Architectural Review Committee (SARC): The project was presented at the Site and
Architectural Review Committee on November 28, 2023. SARC discussed the implications of state law and the JADU/ADU. SARC was supportive of the project.
Public Comment: No public comments have been received on the proposed project.
Staff Report ~ Planning Commission Meeting of January 9, 2024 Page 7 of 7 PLN-2023-136 ~ 189 Sunnyside Avenue
Prepared by:
Tracy Tam, Associate Planner
Approved by:
Rob Eastwood, Community Development Director
Attachments: A. Draft Resolution B. Project Plans
RESOLUTION NO. BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL RECOMMENDING THAT THE CITY COUNCIL APPROVE A PLANNED DEVELOPMENT PERMIT AND TENTATIVE SUBDIVISION MAP TO ALLOW A SUBDIVISION FROM 1 LOT TO 2 LOTS AND CONSTRUCTION OF AN APPROXIMATELY 2,032 SQUARE-FOOT NEW TWO-STORY SINGLE-FAMILY RESIDENCE
ON THE NEWLY CREATED LOT, FOR PROPERTY LOCATED AT 189 SUNNYSIDE AVENUE. FILE NO.: PLN-2023-136 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 the recommended approval of a Planned Development Permit (PLN-2023-136): 1. The Proposed Project is an application for a Planned Development Permit and
Tentative Subdivision Map (PLN-2023-136) to allow a subdivision from 1 lot to 2 lots and the construction of an approximately 2,032 square foot new two-story single-family residence on the newly created lot. 2. The Project Site consists of one parcel, approximately 7,244 square feet, located
along Sunnyside Avenue, west of South First Street. The resultant lots will be 3,500 square feet (fronting Sunnyside Avenue) and 3,744 square feet (adjacent to the public alley). 3. The Project Site is designated by the Campbell Zoning Map as P-D (Planned
Development) and by the Campbell General Plan Land Use Diagram as Low-Medium
Density Residential. 4. The Proposed Project was submitted under an SB-330 preliminary application filed in compliance with Government Code Section 65941.1 on May 24, 2023, predating the
June 2, 2023 implementation date of the new General Plan, revised Zoning Code, and Multi-Family Development and Design Standards (MFDDS). 5. Due to the preliminary application, the subject application is not subject to any objective design standards nor any zoning district development standards. The
Planned Development zoning district does not have any development standards, however, the city has a maximum height limit of 75-feet, in which the proposed single-family residence falls under (proposed building height of 23-feet, 6-inches). 6. The Proposed Project is a “housing development project” under State Law, which
limits the City in its capacity to “deny, reduce the density for, or render infeasible” the project under the Housing Accountability Act (HAA) (Government Code Section 65589.5) unless: 1) the proposal is found to be in violation of an objective general plan/zoning standard; or 2) the project will result in a specific adverse impact to public health and safety.
Planning Commission Resolution No. Page 2 of 5 PLN-2023-136 – Planned Development Permit and Tentative Subdivision Map 189 Sunnyside Avenue
7. As the Proposed Project is a “housing development project” under State Law, the Proposed Project includes an accessory dwelling unit, thus resulting in three housing
units (one existing single-family residence in the rear, one proposed single-family
residence fronting Sunnyside Avenue, and one proposed accessory dwelling unit). 8. The Proposed Project's two residential units would result in a density of 10.26 units/gr. acre (2 units ÷ 0.166 acres), consistent with the density range of the Low-
Medium Residential General Plan (6 to 13 units/gr. acre) designation. The accessory
dwelling unit proposed in the rear unit does not count towards density. 9. With the subdivision, the existing single-family residence in the rear (adjacent to the public alley) will have a new front setback of 10-feet, 10-inches. The front setback is
measured from the newly created lot line.
10. The floor area ratio of the new single-family residence (approximately 2,032 square foot) on the newly created lot will be 0.58. The existing single-family residence (approximately 2,107 square feet) on the rear lot will be 0.56 FAR. The overall floor
area ratio will be 0.57.
11. The Proposed Project would be consistent with the following General Plan policies and strategies:
Policy LU-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.
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.
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.
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.
12. The proposed Tentative Subdivision Map will allow creation of two privately held parcels for fee title ownership.
13. In review of the proposed project, the Planning Commission considered the site circulation, traffic congestion, and traffic safety effects of the project, including the effect of the site development plan on traffic conditions on abutting streets; the layout
of the site with respect to locations and dimensions of vehicular and pedestrian entrances, exit driveways, and walkways; the arrangement and adequacy of off-street parking facilities to prevent traffic congestion; the location, arrangement, and dimensions of truck loading and unloading facilities; the circulation patterns within the boundaries of the development, and; the surfacing and lighting of the off-street
parking facilities.
Planning Commission Resolution No. Page 3 of 5 PLN-2023-136 – Planned Development Permit and Tentative Subdivision Map 189 Sunnyside Avenue
14. The Planning Commission further considered the landscaping design of the
proposed project, including the location, height, and material offenses, walls, hedges,
and screen plantings to ensure harmony with adjacent development or to conceal storage areas, utility installations, and other unsightly aspects of the development; the planting of groundcover or other surfacing to prevent dust and erosion, and the preservation of existing healthy trees.
15. The Planning Commission further considered the proposed project's architectural and site layout, including the general silhouette and mass, including location on the site, elevations, and relation to natural plant coverage, all in relationship to the surrounding neighborhood; the exterior design in relation to adjoining structures in
terms of area, bulk, height, openings, and breaks in the facade facing the street; and
appropriateness and compatibility of the proposed uses in relation to the adjacent uses and the area as a whole. 16. There is a reasonable relationship and a rough proportionality between the
Conditions of Approval and the impacts of the project.
17. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project.
18. 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.
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that:
Planned Development Permit Findings (CMC Sec. 21.12.030.H.6)
1. The proposed development will clearly result in a more desirable environment and use of the land than would be possible under any other zoning district classification; 2. The proposed development will be compatible with the General Plan of the City and
will aid in the harmonious development of the immediate area;
3. 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;
4. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole; Tentative Subdivision Map Findings (Govt. Code Section 66410 et seq.):
5. That the proposed map is consistent with applicable general plan and specific plans;
Planning Commission Resolution No. Page 4 of 5 PLN-2023-136 – Planned Development Permit and Tentative Subdivision Map 189 Sunnyside Avenue
6. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans;
7. That the site is physically suitable for the type of development; 8. That the site is physically suitable for the proposed density of development;
9. That the design of the subdivision of the proposed improvements are not likely to
cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat; 10. The design of the subdivision or the type of improvements will not cause serious
public health problems; and
11. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision or that alternative easements for access will be
provided, and that these will be substantially equivalent to ones previously acquired
by the public; Environmental Findings (CMC Sec. 21.38.050):
12. The project is Categorically Exempt under Section 15332 of the California
Environmental Quality Act (CEQA), pertaining to In-Fill Development Projects; and 13. There are no unusual circumstances that would prevent the project from qualifying as Categorically Exempt per Section 15300.2 of the CEQA Guidelines.
THEREFORE, BE IT RESOLVED that the Planning Commission recommends that the City Council approve a Planned Development Permit and Tentative Subdivision Map (PLN-2023-136) to allow a subdivision from 1 lot to 2 lots and construction of an approximately 2,032 square foot new two-story single-family residence on the newly
created lot, for property located at 189 Sunnyside Avenue, subject to the attached
recommended Conditions of Approval (attached Exhibit A and B). PASSED AND ADOPTED this 9th day of January, 2024, by the following roll call vote:
AYES: Commissioners:
NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners:
APPROVED: Alan Zisser, Chair
Planning Commission Resolution No. Page 5 of 5 PLN-2023-136 – Planned Development Permit and Tentative Subdivision Map 189 Sunnyside Avenue
ATTEST: Rob Eastwood, Secretary
EXHIBIT A
RECOMMENDED CONDITIONS OF APPROVAL PLANNED DEVELOPMENT PERMIT
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
1. Approved Project: Approval is granted for a Planned Development Permit and Tentative Subdivision Map (PLN-2023-136) to allow a subdivision from 1 lot to 2 lots and construction of an approximately 2,032 square-foot new two-story single-family residence on the newly created lot, for property located at 189 Sunnyside Avenue.
The Approved Project shall substantially conform to the Approved Project Plans, included as Attachment 'B', in the January 9, 2024, Planning Commission Staff Report, except as may be modified by conditions of approval contained herein.
2. Permit Expiration: The Planned Development Permit approved herein ("Approval") shall be valid for two (2) years from the effective date of City Council approval
(expiring May 2, 2025). Within this two-year period a Building Permit for the project must be issued pursuant to CMC Sec. 21.56.030.B.1. Failure to meet this deadline or expiration of an issued Building Permit shall result in the Approval being rendered void.
3. Parcel Map: Exercise of this Approval is contingent upon recordation of the Parcel Map associated with the Tentative Subdivision Map for the Approved Project. The Parcel Map shall be recorded prior to the issuance of building permits for the construction of the new single-family residence. However, the Parcel Map may not be recorded if the Planned Development Permit expires or is otherwise rendered void.
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 pass inspection without prior authorization of the necessary approving body.
5. Accessory Dwelling Unit: A building permit application must be submitted and accepted
for an accessory dwelling unit or junior accessory dwelling unit located on either the front lot or the rear lot prior to the issuance of building permits for the construction of the new single-family residence. The accessory dwelling unit or junior accessory dwelling unit shall receive Building Permit final prior to the Building Permit final for the new single-family residence. If the accessory dwelling unit or junior accessory dwelling
unit is attached to the new single-family residence, the accessory dwelling unit or junior
Exhibit A – Conditions of Approval ~ 189 Sunnyside Ave Page 2 PLN-2023-136 – Planned Development Permit & Tentative Map
accessory dwelling unit shall receive concurrent Building Permit final as the new single-family residence.
6. Minor Revisions: Architectural refinements and other minor revisions to the Approved Project Plans may be administratively approved by the Community Development Director pursuant to CMC Sec. 21.56.060. 7. Water Efficient Landscape Standards: As a new construction project with a total
project landscape area of less than 500 square feet, this project is subject to the landscaping and irrigation standards in Chapter 21.26 of the Campbell Municipal Code. The building permit application submittal shall include compliant Planting and Irrigation Plans and shall include the following:
a. A note on the Cover Sheet in minimum 1/2” high lettering stating “Planning
Final Required. The new landscaping indicated on the plans must be installed
prior to final inspection. Changes to the landscaping plan require Planning approval.”
Note: If the project landscape area increases during the course of the project, additional requirements will apply.
8. On-Site Lighting: On-site lighting shall be shielded away from adjacent properties and
directed on-site in compliance with the City of Campbell Lighting Design Standards (CMC Sec. 21.18.090).
9. Fences/Walls: Any newly proposed fencing and/or walls shall comply with CMC Section 21.18.060.
10. Property Maintenance: The property is to be maintained free of 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).
Building Division 11. Permit Required: A building permit application shall be required for the proposed project. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit.
12. Conditions of Approval: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for the building permit. 13. Construction Fencing: The property 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. 14. Construction Hours/Fines/Stop Work Notice(s): Failure to comply with permitted
working hours that result in verified complaints may result in the issuance of a Stop
Exhibit A – Conditions of Approval ~ 189 Sunnyside Ave Page 3 PLN-2023-136 – Planned Development Permit & Tentative Map
Work Notice issued to the project with cessation of work for a minimum of seven (7) days from the date of issuance and an Administrative fine of up to $1,000.00.
15. Timely Completion: Once under construction it shall be the obligation of the property owner and contractor to demonstrate continued progress on the project. In the event the building permit expires, the City may impose fines or exercise administrative remedies to compel timely completion of work.
16. 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.
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.
PUBLIC WORKS DEPARTMENT 17. Frontage Improvements: The scope of this project triggers the requirement for
Frontage Improvements as required by Campbell Municipal Code 11.24.040. However, the frontage has already been improved with a prior project. The applicant will be responsible to repair any improvements damaged during construction. 18. Construction Drawings: The applicant shall submit the following permit applications
prior to, or concurrent with the main Building permit application:
a. Parcel Map: The subdivision map documents required for this project shall be submitted for review by the City Surveyor as detailed here: https://www.campbellca.gov/DocumentCenter/View/18612.
19. 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.
Exhibit A – Conditions of Approval ~ 189 Sunnyside Ave Page 4 PLN-2023-136 – Planned Development Permit & Tentative Map
20. Monumentation for Parcel Map: Prior to recordation of the Parcel Map, the applicant shall provide a cash deposit (100% of the monument estimate) for setting all
monuments shown on the map. Monuments shall be set per section 20.76.010 of the
Campbell Municipal Code including but not limited to setting permanent pipe monuments (three-fourths inch galvanized steel pipe two feet long approximately six inches below finished grade) at each boundary of all lot corners within a subdivision, along the exterior boundary lines at intervals of approximately five hundred feet and
at all beginning of curves and ending of curves on property lines, and monument
boxes at intersections of all street monument line tangents. 21. 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. 22. 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.
23. Pavement Restoration: The applicant shall restore the pavement in compliance with
City standard requirements. In the event that the roadway has recently received a pavement treatment or reconstruction, the project will be subject to the City’s Street Cut Moratorium. The applicant will be required to perform enhanced pavement restoration consistent with the restoration requirements associated with the Street
Cut Moratorium. The City’s Pavement Maintenance Program website
(https://www.ci.campbell.ca.us/219) has detailed information on the streets currently under moratorium and the enhanced restoration requirements. 24. Utility Encroachment Permit: Separate encroachment 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. 25. 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 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.
FIRE DEPARTMENT
26. Required Fire Flow: The minimum required fire flow for this project is 500 Gallons Per Minute (GPM) at 20 psi residual pressure. This fire flow assumes installation of
Exhibit A – Conditions of Approval ~ 189 Sunnyside Ave Page 5 PLN-2023-136 – Planned Development Permit & Tentative Map
automatic fire sprinklers per CFC [903.3.1.3]. Letter received. Hydrant is capable of meeting fire flow.
27. Fire Sprinklers Required: An automatic residential fire sprinkler system shall be installed in all new one- and two-family dwellings. Noted on sheet A0.
28. Address identification: New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These
numbers shall contrast with their background. Where required by the fire code official,
address numbers shall be provided in additional approved locations to facilitate emergency response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 6 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a private road and
the building cannot be viewed from the public way, a monument, pole or other sign or
means shall be used to identify the structure. Address numbers shall be maintained. CFC Sec. 505.1
EXHIBIT B
RECOMMENDED CONDITIONS OF APPROVAL TENTATIVE SUBDIVISION MAP
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: 1. Approved Project: Approval is granted for a Planned Development Permit and Tentative Subdivision Map (PLN-2023-136) to allow construction of a new two-story single-family residence, approximately 2,032 square on a newly created lot, for property located at 189 Sunnyside Avenue. The Approved Project shall substantially
conform to the Approved Project Plans, included as Attachment 'B', in the January 9, 2024, Planning Commission Staff Report, except as may be modified by conditions of approval contained herein.
2. Permit Expiration: The Planned Development Permit approved herein ("Approval") shall be valid for two (2) year from the effective date of City Council approval
(expiring May 2, 2025). Within this two-year period a Building Permit for the project must be issued pursuant to CMC Sec. 21.56.030.B.1. Failure to meet this deadline or expiration of an issued Building Permit shall result in the Approval being rendered void. 3. Planned Development Permit: The Tentative Subdivision Map is contingent upon
approval of the associated Planned Development Permit. However, a Tract Map may not be recorded if the Planned Development Permit expires or is otherwise rendered void. 4. Parcel Map: The parcel map and associated easements must be recorded prior to
the issuance of building permits for the newly constructed single-family residence. 5. Property Maintenance: The property is to be maintained free of any combustible trash, debris, and weeds until that 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). PUBLIC WORKS DEPARTMENT:
6. Frontage Improvements: The scope of this project triggers the requirement for Frontage Improvements as required by Campbell Municipal Code 11.24.040.
Exhibit B – Conditions of Approval ~ 189 Sunnyside Ave Page 2 PLN-2023-136 – Planned Development Permit & Tentative Map
However, the frontage has already been improved with a prior project. The applicant will be responsible to repair any improvements damaged during construction.
7. Construction Drawings: The applicant shall submit the following permit applications prior to, or concurrent with the main Building permit application:
b. Parcel Map: The subdivision map documents required for this project shall be submitted for review by the City Surveyor as detailed here:
https://www.campbellca.gov/DocumentCenter/View/18612. 8. 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.
9. Monumentation for Parcel Map: Prior to recordation of the Parcel Map, the applicant shall provide a cash deposit (100% of the monument estimate) for setting all monuments shown on the map. Monuments shall be set per section 20.76.010 of the Campbell Municipal Code including but not limited to setting permanent pipe
monuments (three-fourths inch galvanized steel pipe two feet long approximately six inches below finished grade) at each boundary of all lot corners within a subdivision, along the exterior boundary lines at intervals of approximately five hundred feet and at all beginning of curves and ending of curves on property lines, and monument boxes at intersections of all street monument line tangents.
10. 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.
11. 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. 12. Pavement Restoration: The applicant shall restore the pavement in compliance with City standard requirements. In the event that the roadway has recently received a
pavement treatment or reconstruction, the project will be subject to the City’s Street
Cut Moratorium. The applicant will be required to perform enhanced pavement restoration consistent with the restoration requirements associated with the Street Cut Moratorium. The City’s Pavement Maintenance Program website (https://www.ci.campbell.ca.us/219) has detailed information on the streets currently
under moratorium and the enhanced restoration requirements.
13. Utility Encroachment Permit: Separate encroachment 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.
Exhibit B – Conditions of Approval ~ 189 Sunnyside Ave Page 3 PLN-2023-136 – Planned Development Permit & Tentative Map
14. 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 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.
ITEM NO. 3
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CITY OF CAMPBELL ∙ PLANNING COMMISSION
Staff Report ∙ January 9, 2024
PLN-2021-215
Public Hearing to consider the request of Denny Kobza on behalf of
Terra Firma Development & Holdings LLC to allow construction of
an approximately 10,250 square-foot industrial/warehouse building,
with an exception to the side setback requirement, on property
located at 940/946 S McGlincy Lane. The application under
consideration is a Site and Architectural Review Permit. File No.:
PLN-2021-215.
STAFF RECOMMENDATION
That the Planning Commission take the following action:
1. Make a motion to continue consideration of this item to the regular Planning Commission
meeting of January 23, 2024.
DISCUSSION
The City received late comments from the Water District (Valley Water) regarding this project that
will need to be addressed prior to Planning Commission consideration.
Prepared by:
Daniel Fama, Senior Planner
Approved by:
Rob Eastwood, Community Development Director