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11-28-2023 PC Agenda Packet Planning Commission REGULAR MEETING AGENDA Tuesday, November 28, 2023 | 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 November 14, 2023 (Roll Call Vote) ➢ Meeting Minutes, 11/14/2023 (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 November 28, 2023 Pg. 2 2.PLN-2023-119 – 105 Kennedy Avenue Public Hearing to consider the request of Salvatore Caruso to allow construction of a stacked two-level, 1,790 square-foot duplex on an existing residential property developed with a detached single-family home to remain, located at 105 Kennedy Avenue. The application under consideration includes a Planned Development Permit submitted under an SB-330 preliminary application filed in compliance with Government Code § 65941.1. File No.: PLN-2023-119. 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. OLD BUSINESS 3. Ad hoc Subcommittee Discussion Presentation of the ad hoc Parking Subcommittee. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR ADJOURNMENT Adjourn to the Planning Commission meeting of December 12, 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, October 24, 2023 I 7:30pm City Hall Council Chamber CALL TO ORDER The Regular Planning Commission meeting of October 24, 2023, was called to order at 7:30 pm by Chair Buchbinder, and the following proceedings were had to wit. ROLL CALL Staff present: Rob Eastwood, Director Bill Seligmann, City Attorney Ian White, Captain Brad Rice, Sergeant Stephen Rose, Senior Planner Daniel Fama, Senior Planner Ken Ramirez, Administrative Analyst APPROVAL OF MINUTES 1. Approval of Minutes of October 10, 2023 (Roll Call Vote) ➢ Meeting Minutes, 10/10/2023 (Regular Meeting) ➢ Commissioners present at 10/10/23 Planning Commission meeting approved meeting minutes. o Commissioner Majewski, Ostrowski, Kamkar abstained. Planning Commissioners Present: Adam Buchbinder, Chair Alan Zisser, Vice Chair Davis Fields Michael Krey Maggie Ostrowski Cori Majewski Matt Kamkar Planning Commissioners Absent None Campbell Planning Commission Meeting Minutes – October 24, 2023 Page 2 of 9 COMMUNICATIONS None AGENDA MODIFICATIONS OR POSTPONEMENTS Desk Item to Item #3 was sent to Planning Commission. 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-2023-83– 43 Harrison Avenue Public Hearing to consider the request of Salvatore Caruso on behalf of Ainsley Plaza LLC to allow establishment of an outdoor "beer garden" inclusive of a freestanding bar, restroom facilities, mobile food truck staging, seating area, live entertainment platform, trash enclosure, children's play structure, a 14-ft tall entry gate, and related site improvements; and minor exterior alterations to a Structure of Merit commonly known as the Ainsley Corporation Headquarters Building, related to its adaptive reuse as a restaurant with indoor dining space and new kitchen facilities, on property located at 43 Harrison Avenue. The applications under consideration include a Conditional Use Permit with Site and Architectural Review to allow Outdoor Retail Sales and Activities (the "beer garden"), Late Night Activities (staff closing/clean-up after 11:00 PM), a Liquor Establishment (on-sale beer and wine service), and Dancing and/or live Entertainment Establishment; and a Tier 1 Historic Resource Alteration Permit. File No.: PLN-2023-82. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Project Planner: Daniel Fama, Senior Planner. Senior Planner Daniel Fama presented staff report to consider the request of Salvatore Caruso on behalf of Ainsley Plaza LLC to allow establishment of an outdoor "beer garden" on property located at 43 Harrison Avenue. Campbell Planning Commission Meeting Minutes – October 24, 2023 Page 3 of 9 Commissioners received clarification from Campbell Police Captain Ian White, that late night crowds in Downtown Campbell have been better and not problematic. Campbell Police remains proactive to ensure that it continues this way. Commissioners were informed that the Department of Alcoholic Beverage Control will not issue a license to the establishment without a restaurant on site, which the applicant has agreed to include within the project. Applicant will ensure proper lighting is installed in the alley way to address and safety concerns. Applicant’s architect Salvatore Caruso and applicant, Alan Hicks, stated that they want to make the site a living museum that will show the early days of canning in Campbell. Dan Orlof of Pruneyard Cinemas and incoming president of the Chamber of Commerce spoke and stated that he unofficially supports the project. Ryan Slater spoke and stated that he was excited about the project. Commissioners had questions regarding the public safety of pedestrians travelling through the alleyway and were informed that the pathway would be lighted at night. Senior Planner Fama clarified for the Planning Commission that the new Structures would serve three purposes (storage, Bar, and restrooms) and that, per the business requirements it will be required to functional operate as a restaurant with a kitchen inside. There will be limited seating inside one of the buildings. Commissioners inquired about potential parking and traffic impacts to the intersection. Senior Planner Fama clarified that there will be after-hours parking available across the street with the library. Commissioners also inquired about traffic congestion impacts to the downtown area. Senior Planner Fama clarified for Planning Commissioners that the City’s Downtown development plan encourages more development in the Downtown. The City’s traffic improvement efforts are not trying to make things more convenient for drivers but rather trying to improve things and promote safety for pedestrians. There are a lot of factors that go into the operations of the downtown and although are considered by the Planning department, are outside the scope of this application. Planning Commission received clarification that their purview includes private parking lots but does not include public parking lots or public traffic operations. Commissioners discussed their full support of the project and stated it would be a great addition to the community. Motion: Upon motion by Commissioner Krey, seconded by Commissioner Zisser the Planning Commission motioned to grant approval of a Conditional Use Permit Campbell Planning Commission Meeting Minutes – October 24, 2023 Page 4 of 9 with Site and Architectural Review to allow establishment of an outdoor retail sales and activity (“Beer Garden”) with live entertainment and dancing, late night activities (staff closing/clean-up after 11:00 PM), and on-sale beer and wine service (liquor establishment), inclusive of a freestanding bar, restroom facilities, mobile food truck staging, seating area, live entertainment platform, trash enclosure, children’s play structure, a 14-ft tall entry gate, and related site and landscaping improvements; and a Tier 1 Historic Resource Alteration Permit to allow minor exterior alterations to a Structure of Merit commonly known as The Ainsley Corporation headquarters building, related to its adaptive reuse as a restaurant with indoor dining space and new kitchen facilities, on property located at 43 Harrison Avenue. File No.: PLN-2023-82, by the following roll call: AYES: Fields, Majewski, Ostrowski, Buchbinder, Zisser, Kamkar, Krey NOES: None ABSENT: None ABSTAIN: None Chair Buchbinder paused Public Hearing. Chair Buchbinder opened public hearing after a five- minute break. OLD BUSINESS 3. PLN-2023-175 – Study Session on Permissibility of Land Uses Study Session to review and provide feedback on recommendations from the Planning Commission’s Ad-Hoc Economic Development Advisory Committee on proposed amendments to the Campbell Municipal Code related to the permissibility of land uses in commercial, office, and industrial zoning districts to support objectives targeting business attraction and retention identified during preparation of the City’s updated Economic Development Plan. Senior Planner Rose presented the Study Session to solicit feedback from the Planning Commission on recommendations from the Planning Commission’s Ad-Hoc Economic Development Advisory Committee on proposed amendments to the Campbell Municipal Code. Senior Planner Rose presented the structure of the Study Session as follows: Campbell Planning Commission Meeting Minutes – October 24, 2023 Page 5 of 9 Senior Planner Rose outlined the background and purpose of the Study Session as follows: Senior Planner Rose presented the Objectives and Principles of the Study Session as follows: Campbell Planning Commission Meeting Minutes – October 24, 2023 Page 6 of 9 Complexity, cost, and time to process existing permit processes were outlined as follows: The following Zoning Tools were discussed for consideration: Campbell Planning Commission Meeting Minutes – October 24, 2023 Page 7 of 9 Senior Planner Stephen Rose presented the Ad-Hoc Subcommittee’s recommendations on which uses should be changed from requiring a Conditional Use Permit to a Zoning Clearance as follows: Senior Planner Stephen Rose presented the Ad-Hoc Subcommittee’s recommendations on which uses should be changed from requiring a Conditional Use Permits to an Administrative Conditional Use Permit as follows: Campbell Planning Commission Meeting Minutes – October 24, 2023 Page 8 of 9 Final Discussion Topics convened with the discussion of the following questions: Planning Commissioners expressed an appreciation of the work and research of the Ad Hoc Committee members and CDD staff that supported efforts. Commissioner Buchbinder questioned whether the distance from the right of way would apply to the second floor of businesses. Senior Planner Stephen Rose responded that such use limitations have historically been applied only to ground floors (such as historically in the Downtown) and that a similar approach may be taken when implementing the changes in the code. The Ad Hoc Committee members stated that the intent to improve or change permit processes was to make Campbell a more business friendly community and supported streamlining recommendations. Community Development Director Eastwood noted that the work effort from Ad Hoc Subcommittee were a good pairing of research and enthusiasm. Next Steps of Subcommittee Permit process streamlining recommendations: • Feedback collected would be passed on to City Council on December 5, 2023. • Staff will return to Planning Commission to review any changes or comments. • Changes will be adopted with Economic Development Plan. Report of the Community Development Director Director Eastwood reported that: • City Council reviewed recommendation on City Affordable Housing Overlay Zone. Campbell Planning Commission Meeting Minutes – October 24, 2023 Page 9 of 9 • Department is close to selecting a candidate for Housing Program Manager position. ADJOURNMENT Adjourned meeting at 9:57 p.m. to the next Regular Planning Commission Meeting on Tuesday, November 14, 2023, 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: ________________________________ Rob Eastwood, Secretary ITEM NO. 2 CITY OF CAMPBELL ∙ PLANNING COMMISSION Staff Report ∙ November 28, 2023 PLN-2023-119 Caruso, S. Public Hearing to consider the request of Salvatore Caruso to allow construction of a stacked two-level, 1,790 square-foot duplex on an existing residential property developed with a detached single-family home to remain, located at 105 Kennedy Avenue. The application under consideration includes a Planned Development Permit submitted under an SB-330 preliminary application filed in compliance with Government Code § 65941.1. File No.: PLN-2023-119. STAFF RECOMMENDATION That the Planning Commission take the following action: 1.Adopt a Resolution (reference Attachment A), recommending that the City Council approve a Planned Development Permit to allow the construction of a stacked two-level, 1,790 square-foot duplex. ENVIRONMENTAL (CEQA) DETERMINATION Staff recommends that the Planning Commission recommend to the City Council that it accept a determination that this project is Categorically Exempt from environmental review under Section 15303(b) of the California Environmental Quality Act (CEQA) Guidelines, pertaining to the construction of duplex or similar multi-family residential structures designed for not more than six dwelling units in an urbanized area. PROJECT DATA1 Zoning Designation: Planned Development (P-D) General Plan Designation: Medium Density Residential (14-20 units/gr. acre) Net Lot Area (Pre-Dedication): 4,900 square-feet Net Lot Area (Post-Dedication): 4,400 square-feet Gross Lot Area: 7,965 square-feet (0.182 acres) Density: 16.4 units/gr. acre. 20 units/gr. acre (Max. Allowed) Building Height (New): 27 feet 75 ft- (City-wide max.) Building Square Footage: Existing House: 1,003 square-feet Proposed Duplex: 1,790 square-feet 2,793 square-feet (Total Building Area) Floor Area Ratio (FAR) 0.63 No Maximum 1 Reflects standards applicable to the property as they existed at time of pre-application submittal (see, below). Staff Report – Planning Commission Meeting of November 28, 2023 Page 2 of 6 PLN-2023-119 ~ 105 Kennedy Ave. Lot Coverage: 43% No Maximum Parking: 0 stalls Not Required (AB 2097) Landscaping Area: 33% No Minimum Building Setbacks (Duplex): Proposed Required Front (east): 5 feet Not Required Sides (north): 3 feet Not Required Sides (east): 60 feet Not Required Rear (west): 3 feet Not Required DISCUSSION Proposed Project: The proposed project is an application for a Planned Development Permit to allow construction of a stacked two-level, approximately 1,790 square-foot duplex on an existing residential property (reference Attachment B – Project Plans). Project Site: The project site is an approximately 4,900 square-foot parcel located at the northwest corner of Kennedy Avenue and Industrial Street, within the Planned Development Zoning District and designated as Medium-Density Residential (14-20 units/gr. acre) under the prior General Plan Land (see discussion, below). The property is currently developed with a single-family residence that would remain with the project, which is currently being remodeled under a separate permit. Scope of Review: As a 100% residential project with two units, the duplex proposal constitutes a "housing development project" under State law, which limits the City's review pursuant to the Housing Crisis Act and the Housing Accountability Act: ◼ Housing Crisis Act: Originally adopted as SB-330 in 2019 and amended by SB-8 in 2021, the Housing Crisis Act is a broad law that contains various components, among which is a vesting pre- application process. This particular provision, in association with related changes to the Permit Streamlining Act, allows a developer to submit preliminary plans to the City that vest ("lock-in") zoning code standards, General Plan policies, and building/fire codes that are in effect at the time of submittal. Staff Report – Planning Commission Meeting of November 28, 2023 Page 3 of 6 PLN-2023-119 ~ 105 Kennedy Ave. This project is governed by a preliminary application submitted on April 28, 2023, which predates the June 2, 2023, implementation date of the new General Plan, revised Zoning Code, and Multi- Family Development and Design Standards (MFDDS). As such, it must be considered under the prior General Plan and Zoning Code, and without review under the MFDDS.2 ◼ Housing Accountability Act: The Housing Accountability Act (HAA) limits the City's ability to "deny, reduce the density for, or render infeasible" the project unless: 1) the proposal is found to be in violation of an objective general plan/zoning standard (other than those waived/reduced through use of the Density Bonus law); or 2) the project will result in a specific adverse impact to public health and safety. While changes to the project may be applied by the decision-making body to further applicable goals, policies, and strategies – any changes not based on objective standards may not make the project infeasible or reduce the number of units. For example, the decision- making body may not deny a project because of its proposed paint color, but still retains the authority to condition such a change, provided the change is rooted in a finding or a policy. Additionally, as noted, the project site is zoned P-D (Planned Development), which has no development standards, such as setbacks, floor area ratio, lot coverage, etc. In the past, the City relied on the discretionary review process to determine the appropriateness of such standards on a case-by-case basis, which is no longer permissible under the HAA. As such, the ability to deny or modify the project based for non-compliance with objective standards is limited. ANALYSIS Consideration in Review of Applications: In review of a Planned Development Permit, the Zoning Code (former CMC Sec. 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, referenced to as "considerations". The following identifies these considerations and application consistency. A. Considerations relating to site circulation, traffic congestion, and traffic safety: Traffic Congestion: A duplex has no impact upon traffic congestion, given it would only result in the creation of two new units. Traffic Safety and Site Circulation: Under the recently adopted law, AB-2097, the City is precluded from applying a parking standard for any project within one-half mile transit stations. As such, the project is not required to provide, nor is proposing to provide, any formal parking facilities that could present a traffic safety or site circulation issue. Nonetheless, the concrete area between the two buildings could accommodate two parked vehicles in an informal manner, who would back-up onto Industrial, which is a low volume residential street. B. Considerations relating to landscaping: The P-D Zoning District did not have a landscaping requirement, as this was an element of project review that would typically have been evaluated on a case-case basis. However, the plans do show landscaping along the perimeter of the property and in front of the proposed duplex structure. 2 The development of this property today would be limited to a total of two (2) units due to the manner in which density is now calculated under the new General Plan (see footnote #3). Since only one additional unit could be created, a development proposal would not be subject to the MFDDS, which is limited to "housing development projects," that by definition means projects with two or more units. Instead, such a proposal would be evaluated as a Site and Architectural Review Permit subject to conventional development standards (e.g., FAR, lot coverage, etc.). Staff Report – Planning Commission Meeting of November 28, 2023 Page 4 of 6 PLN-2023-119 ~ 105 Kennedy Ave. C. Considerations relating to structure and site layout: Structure Siting: The proposed duplex would be located behind the existing single-family residence on the property, oriented onto Industrial Street at a 5-ft front setback. The two structures would be situated approximately 12-ft apart from each other. Existing landscaping and pavement improvements around the single-family residence would remain, as shown: Site Layout: The property's layout relative to the public right-of-way will change slightly with the project. The Public Works Department will be requiring extensive public improvements along Kennedy Avenue and Industrial Street, including dedication of additional public right- of-way, construction of new 5-ft wide City-standard "detached" sidewalk (with a park strip) along the Kennedy Avenue frontage, construction of 5-ft wide City-standard "attached" sidewalk (without a park strip) along the Industrial Street frontage, and construction of two ADA-compliant ramps at the corner of Kennedy Avenue and Industrial Street. Design Guidelines: The former Zoning Code also directed the decision- making body to "take into consideration any relevant design guidelines that have been adopted by the City" (former CMC Sec. 21.12.030.E). However, no design standards are applicable to the project. Nonetheless, the duplex is generally designed consistent with recent development in the neighborhood, characterized by "board and batten" exterior siding finished in Benjamin Moore "Feather Grey, Flat" paint. The structure features two primary roof ridgelines, with the highest point reaching 27- feet and a secondary level at 22 ½-feet. The design includes vertically oriented rectangular windows that are evenly distributed across both floors. Entrances into the duplex consist of a pair of off-set ground floor doors, providing independent access to each unit. The upper-level unit also includes a small front-facing balcony with a simple railing design. Landscaping is incorporated at the pedestrian level with planter boxes. Staff Report – Planning Commission Meeting of November 28, 2023 Page 5 of 6 PLN-2023-119 ~ 105 Kennedy Ave. Findings for Approval: To grant a land use approval, the decision-making body must affirmatively establish that the project meets codified findings for approval. Findings establish the evidentiary basis for a City's decision to grant or deny a land use approval and to impose conditions of approval as necessary to establish the findings. The applicable findings depend upon the type of land use approval under review. The following analysis identifies each of the applicable findings in italics and how the proposed project satisfies them. Planned Development Permit Findings A. 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. Not Applicable. Since the project site is already zoned P-D (Planned Development) the applicant is compelled to build under the provisions of this zoning district, such that this finding is not directly applicable. B. The proposed development would be compatible with the general plan and will aid in the harmonious development of the immediate area. Yes. The General Plan land use designation for the project site at the time of preliminary application submittal was Medium-Density Residential (14-20 units/gr. acre). Based on the property's 0.182 acres gross lot area3, a 3-unit project results in a density of 16.4 units/gr. acre, consistent with the range. The General Plan also indicates that "historically, new development at this density has been in the form of apartments, condominiums and townhouses." The proposed duplex would, therefore, be in keeping with anticipated development intensity of this designation. Lastly, the proposed project may also be found consistent with the following General Plan policies and strategies. These policies reference the need to protect the integrity of established neighborhoods, quality site planning and design, and production of needed housing: 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-9.3e: 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. 3 Under the prior General Plan and Zoning Code, "gross lot area" included both the titled property plus the public right-of- way to the centerline of adjacent streets. This definition had the result of providing additional density capacity to corner properties since their gross lot areas incorporated the right-of-way of two streets. Staff Report – Planning Commission Meeting of November 28, 2023 Page 6 of 6 PLN-2023-119 ~ 105 Kennedy Ave. C. 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. Not Applicable. This finding is not consistent with the Housing Accountability Act—Gov. Code § 65589.5(j)(4)—which indicates that in cases where the general plan and zoning ordinance do not match, a project is only required to comply with the general plan. The comparable zoning district for the property based on its General Plan designation is the former R-2 (Multiple-family) Zoning District, which would have only allowed one unit to be constructed based on the net lot area. However, under the General Plan, as discussed above, the gross lot area allows for creation of three units. D. The proposed development would not be detrimental to the health, safety or welfare of the neighborhood or of the city as a whole. Yes. The construction of a duplex has no ability to result in any public health impacts in that the residential use would not result in the release or distribution of any hazardous substances, emissions, or waste. Site and Architectural Review Committee: The Site and Architectural Review Committee (SARC) reviewed this application at its meeting of November 14, 2023. The SARC was supportive of the application as presented. The discussion did touch upon the fencing proposed by the application, which staff had noted would conflict with the standard fencing requirements. However, as discussed at the SARC meeting, a condition of approval will allow the applicant to seek a separate Fence Exception request that will allow staff to more closely review the placement of new fencing relative to the relocated public sidewalk. Public Comment: No public comment has been received. Attachments: A. Draft Resolution B. Project Plans Prepared by: Daniel Fama, Senior Planner Approved by: Rob Eastwood, Community Development Director RESOLUTION NO. 469_ BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A PLANNED DEVELOPMENT PERMIT TO ALLOW CONSTRUCTION OF A STACKED TWO-LEVEL, 1,790 SQUARE-FOOT DUPLEX ON AN EXISTING RESIDENTIAL PROPERTY DEVELOPED WITH A DETACHED SINGLE-FAMILY HOME TO REMAIN, LOCATED AT 105 KENNEDY AVENUE. FILE NO.: PLN-2023-119 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: 1.The Proposed Project is an application for a Planned Development Permit to allow construction of a two-level stacked two-level, 1,790 square-foot duplex on an existing residential property developed with a detached single-family home to remain. 2.The Project Site is an approximately 4,900 square-foot (net) parcel (7,965 gross square-feet) located at the northwest corner of Kennedy Avenue and Industrial Street. 3.The Proposed Project was submitted under an SB-330 preliminary application filed in compliance with Government Code § 65941.1 on April 28, 2023, predating the June 2, 2023, implementation date of the new General Plan, revised Zoning Code, and Multi- Family Development and Design Standards (MFDDS). 4.Due to the aforementioned preliminary application, the application is not subject to any objective design standards nor any zoning district specific development standards. 5.The Project Site was designated at the time of pre-application submittal as Medium Density Residential (14-20 units/gr. acre) and zoned P-D (Planned Development), as shown on the former Campbell General Plan and Zoning Maps, respectively. 6.The Project Site is currently developed with a single-family residence that would remain with the project, which is currently being remodeled under a separate permit. 7.The Proposed Project's three units would result in a density of 16.4 units/gr. acre (3 units ÷ 0.182 gross acres), consistent with the density range of the applicable Medium Density Residential (14-20 units/gr. acre) designation. Although three units exceeds the allowable one unit otherwise specified by former CMC Sec. 21.08.060.E., Table 2- 6 (General Development Standards – R-2 Zoning District), pursuant to California Government Code § 65589.5, in cases where the general plan and zoning ordinance do not match, a project is only required to comply with the general plan. 8.The Proposed Project is not subject to the provisions CMC Chapter 21.24 (Inclusionary Housing Ordinance) in that it has fewer than 10 housing units. Attachment A Planning Commission Resolution No. 469_ Page 2 of 4 PLN-2023-119 – Planned Development Permit 105 Kennedy Avenue 9. The Proposed Project is a "housing development project" under State law, which limits the City in its capability 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 (other than those waived/reduced through use of the Density Bonus law); or 2) the project will result in a specific adverse impact to public health and safety. 10. The Proposed Project would be consistent 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-9.3e: 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. 11. The Proposed Project incorporates a requirement for off-site public improvements including dedication of right-of-way for public street purposes and installation of City standard curb, gutter, sidewalk, driveways, street tree(s), and street light(s). 12. 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. 13. The Planning Commission further considered the landscaping design of the proposed project, including the location, height, and material of fences, 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. 14. 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 Planning Commission Resolution No. 469_ Page 3 of 4 PLN-2023-119 – Planned Development Permit 105 Kennedy Avenue 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. 15. 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. 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. Based upon the foregoing findings of fact and in consideration of the entire administrative record, 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; Environmental Findings (CMC Sec. 21.38.050): 5. This project is Categorically Exempt under per Section 15303(b) of the California Environmental Quality Act (CEQA), pertaining to the construction of duplex or similar multi-family residential structures designed for not more than six dwelling units in an urbanized area; and 6. 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 approval of a Planned Development Permit to allow construction of a stacked two-level, 1,790 square- foot duplex on an existing residential property developed with a detached single-family home to remain, located at 105 Kennedy Avenue, subject to the attached recommended Conditions of Approval (attached Exhibit A). Planning Commission Resolution No. 469_ Page 4 of 4 PLN-2023-119 – Planned Development Permit 105 Kennedy Avenue PASSED AND ADOPTED this 28th day of November, 2023, by the following roll call vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: APPROVED: Adam Buchbinder, Chair ATTEST: Rob Eastwood, Secretary EXHIBIT B RECOMMENDED CONDITIONS OF APPROVAL PLN-2023-119 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 Planned Development Permit to allow construction of a stacked two-level, 1,790 square-foot duplex on an existing residential property developed with a detached single-family home to remaining, on property located at 105 Kennedy Avenue. The Approved Project shall substantially conform to the Approved Project Plans included as Attachment B in the November 28, 2023, Planning Commission Staff Report, except as may be modified by conditions of approval contained herein. 2. Permit Expiration: Approval of the Planned Development Permit ("Approval") shall be valid for two (2) years from the effective date of City Council action (expiring January 22, 2026). 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. 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. 4. 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. 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. Fences/Walls: Any newly proposed fencing and/or walls shall comply with CMC Section 21.18.060. However, the applicant may seek approval of a Fence Exception from the Community Development Director to allow placement of fencing within the otherwise required corner triangular clearance area and/or street-side setback area. Exhibit A – Recommended Conditions of Approval ~ 105 Kennedy Avenue Page 2 PLN-2023-119 – Planned Development Permit 7. Water Efficient Landscape Standards: As a new construction project with a total project landscape area equal to or less than 2,500 square feet, this project is subject to the updated California Model Water Efficient Landscape Ordinance (MWELO) and may comply with the Prescriptive Compliance Option in Appendix D. This document is available at: http://www.cityofcampbell.com/DocumentCenter/View/176 or on the Planning Division’s Zoning and Land Use webpage through www.cityofcampbell.com. The building permit application submittal shall demonstrate compliance with the applicable MWELO and landscaping requirements and shall include the following: a. Planting and Irrigation Plans that meet all requirements of the Prescriptive Compliance Option in Appendix D. b. A completed Landscape Information Form. c. 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.” 8. 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. f. Use standard dust and erosion control measures that comply with the adopted Best Management Practices for the City of Campbell. 9. Construction Hours/Fines/Stop Work Notice: Failure to comply with permitted working hours that result in verified complaints may result in the issuance of a Stop 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. 10. 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. Exhibit A – Recommended Conditions of Approval ~ 105 Kennedy Avenue Page 3 PLN-2023-119 – Planned Development Permit 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 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. Any protected trees shall be fenced to prevent damage to root systems in compliance with the Standards for Tree Protection During Construction. PUBLIC WORKS DEPARTMENT 14. Construction Drawings: The applicant shall submit the following permit applications prior to, or concurrent with the main Building permit application: a. Encroachment Permit for Street Improvement Plans: The frontage improvements for the project shall be shown on a separate street improvement plan as detailed here: https://www.campbellca.gov/187/Street- Improvements b. Building Permit for On-Site / Grading & Drainage Plans: The on-site grading, drainage, stormwater, landscaping, ADA and site improvements for the project shall be shown on a separate building permit plan as detailed here: https://www.campbellca.gov/DocumentCenter/View/16594 c. Street / Easement Dedication: The street / easement dedication documents required for this project shall be submitted for review by the City Surveyor as detailed here: https://www.campbellca.gov/DocumentCenter/View/430 15. Right-of-Way for Public Street Purposes: Prior to issuance of any grading or building permits for the site, the applicant shall fully complete the process to cause additional right-of-way to be granted in fee for public street purposes along the Kennedy Avenue frontage to accommodate a 30-foot half-street, and the required radius at the return, unless otherwise approved by the City Engineer. The applicant shall submit the necessary documents for approval by the City Engineer, process the submittal with City staff’s comments and fully complete the right-of-way process. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City’s review and recordation. 16. Park Impact Fee: A fee in-lieu of parkland dedication pursuant to Campbell Municipal Code (CMC) Chapter 20.24 (Park Impact Fees and Park Land Dedication Subdivisions) is required. The in-lieu fee shall be equal to the fee for two (2) new dwelling units based on the Multi- family rate. The fee in effect at the time of payment, Exhibit A – Recommended Conditions of Approval ~ 105 Kennedy Avenue Page 4 PLN-2023-119 – Planned Development Permit as established by the City's Schedule of Fees, shall be the fee due. The fee shall be due prior to the final Building inspection. 17. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding stormwater pollution prevention. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay. Resources to achieve these objectives include Stormwater Best Management Practices Handbook for New Development and Redevelopment (“CA BMP Handbook”) by the California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for Stormwater Quality Protection (“Start at the Source”) by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Stormwater Quality: A Companion Document to Start at the Source (“Using Site Design Techniques”) by BASMAA, 2003. 18. Water Meter(s) and Sewer Cleanout(s): Proposed water meter(s) and sewer cleanout(s) shall be installed on private property behind the public right-of-way line. 19. Plans / Encroachment Permit / Fees / Deposits: Prior to issuance of any grading or building permits for the site, the applicant shall cause plans for public street improvements to be prepared, pay various fees and deposits and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City Engineer. The plans shall include the following, superseding any other notes or depictions on the Approved Project Plans to the contrary, unless otherwise approved by the City Engineer: a. Show location of all existing utilities within the new and existing public right of way. b. Removal and replacement of broken/uplifted curb and gutter along project frontage. c. Installation of a City approved street tree in the park strip along the Kennedy Avenue frontage. The tree species will be determined during the street improvement plan stage. d. Construction of five (5) foot wide City standard detached sidewalk and park strip along the Kennedy Avenue frontage. e. Construction of two (2) ADA compliant ramps at the corner of Kennedy Avenue and Industrial Street f. Construction of five (5) foot wide City standard ADA compliant attached sidewalk along the Industrial Street frontage g. Installation of traffic control, stripes and signs. h. Construction of conforms to existing public and private improvements, as necessary. Exhibit A – Recommended Conditions of Approval ~ 105 Kennedy Avenue Page 5 PLN-2023-119 – Planned Development Permit 20. Street Improvements Completed for Occupancy and Building Permit Final: Prior to allowing occupancy and/or final building permit signoff for any and/or all buildings, the applicant shall have the required street improvements installed and accepted by the City, and the design engineer shall submit as-built drawings to the City. 21. Maintenance of Landscaping: Owner(s), current and future, are required to maintain the landscaped park strip in the public right of way. This includes, but is not limited to: trees, lawn, plantings, irrigation, etc. Trees shall not be pruned in a manner that would not allow the tree to grow to a mature height. 22. 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. 23. 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 24. Fire Sprinklers Required: An automatic residential fire sprinkler system shall be installed in all new one- and two-family dwellings. Sprinklers noted on sheet A0.1. 25. 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 automatic fire sprinklers per CFC [903.3.1.3]. Letter received. Hydrant is capable of meeting fire flow. 26. Construction Site Fire Safety: All construction sites must comply with applicable provisions of the CFC Chapter 33 and our Standard Detail and Specification SI-7. Provide appropriate notations on subsequent plan submittals, as appropriate to the project. CFC Chp. 33. 27. 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 A – Recommended Conditions of Approval ~ 105 Kennedy Avenue Page 6 PLN-2023-119 – Planned Development Permit 28. Water Supply Requirements: Potable water supplies shall be protected from contamination caused by fire protection water supplies. It is the responsibility of the applicant and any contractors and subcontractors to contact the water purveyor supplying the site of such project, and to comply with the requirements of that purveyor. Such requirements shall be incorporated into the design of any water-based fire protection systems, and/or fire suppression water supply systems or storage containers that may be physically connected in any manner to an appliance capable of causing contamination of the potable water supply of the purveyor of record. Final approval of the system(s) under consideration will not be granted by this office until compliance with the requirements of the water purveyor of record are documented by that purveyor as having been met by the applicant(s). 2022 CFC Sec. 903.3.5 and Health and Safety Code 13114.7. 29. Limit of Review: This review shall not be construed to be an approval of a violation of the provisions of the California Fire Code or of other laws or regulations of the jurisdiction. A permit presuming to give authority to violate or cancel the provisions of the fire code or other such laws or regulations shall not be valid. Any addition to or alteration of approved construction documents shall be approved in advance [CFC, Ch.1, 105.3.6]. 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Goals 1.Support the Economic Development team’s streamlining of Conditional Use Permit reforms. If a use previously required a CUP and a Parking Modification Permit, and it still requires a PMP, it's not streamlined, and the CUP streamlining will be ineffective. 2.Support the concept of walkable areas as a middle ground between AB 2097 areas and our existing requirements, as a way to avoid making overly broad changes, and as a way to mirror the city’s changes to residential parking requirements in walkable areas. 3.Base changes in practical, well-grounded research or industry standards. 4.Present these changes in a clear and understandable way to the City and to the public. 5.Support General Plan policies: ●Policy T-5.1: Develop flexible parking standards that respond to changing travel behavior. ●Policy T-5.2: Encourage efficient parking facility designs that allow for creative reuse if/when parking demand decreases in the future. Non-Goals 1.Do not modify residential parking standards. 2.Do not change parking requirements across the entire city or across all uses. Rationale There are three quantitative changes. Offices Office buildings in walkable areas now have a minimum parking requirement of 1 parking space per 400 ft². This is based on (a) setting the requirements to levels which would not have required a discretionary permit, (b) changes to the level of intensity of office uses due to work from home, and (c) the ITE Type 710 (“General Office Building) 95% confidence interval of 1/400sf in Parking Generation 5th Edition, page 467, represented as a 95% confidence interval of 2.28- Item No. 3 2.50 spaces per thousand square feet of gross floor area, which translates to a range of rate of 1 space/(1000/2.28) ft² to 1 space/(1000/2.50) ft², which is a range of 1/439 ft² to 1/400 ft². Medical offices Medical offices in walkable areas now have a minimum parking requirement of 1 parking space per 350 ft². This is intended to split the difference between office buildings and other uses, recognizing that medical offices are more intense than other office types. Other uses A selection of other pedestrian-oriented or walkable uses now have a minimum parking requirement of 1 parking space per 300 ft². This is based on setting the requirements to levels which would not have required a discretionary permit, and were previously granted by the Planning Commission without controversy. Nearby jurisdictions which use flat square footage for restaurant parking minimums include Palo Alto1, Los Gatos2, and Milpitas3, It’s also the same level as Los Gatos’s downtown parking requirements, which are 1 per 300 ft² for a wide variety of uses. 1 https://codelibrary.amlegal.com/codes/paloalto/latest/paloalto_ca/0-0-0-80941 2 https://library.municode.com/ca/los_gatos/codes/code_of_ordinances?nodeId=CO_CH29ZORE_ARTIIN GE_DIV4PA_S29.10.150NUORESPRE 3 https://library.municode.com/ca/milpitas/codes/code_of_ordinances?nodeId=TITXIZOPLAN_CH10ZO_S 53OREPARE_XI-10-53.09OREPARELAUS Appendix The last ten years of Parking Modification Permits from 2013-08-01 to 2023-08-01 comprise thirty-one non-residential applications. All are evaluated here for changes, but the proposed policy only applies to proposals in the first category; the remainder are for illustrative purposes only. ● Nine were in areas not covered by AB 2097 but within a designated walkable area. These are the only projects which would be affected by the proposed policy. ● Nineteen were in areas covered by AB 2097. ● Three were in areas neither covered by AB 2097 nor within a designated walkable area. Walkable, non-AB 2097 2023-07-27 Item 2 (Agenda.) PLN‐2022‐162, 1940 Hamilton, 8000 ft² office building. ● Required: 36 ● Approved with Parking Modification Permit: 22 (-14 spaces/-38%) ● Proposed minimum: 20 2022-10-11 Item 2 (Agenda.) PLN-2022-38, 1480 W Campbell, 8087 ft² government office building. ● Required: 36 ● Approved with Parking Modification Permit: 22 (-14 spaces/-38%) ● Proposed minimum: 21 2021-08-10 Item 1 (Agenda.) PLN-2021-53, 399 N 3rd St, 6100 ft² medical office. (Change of use.) ● Required: 31 ● Approved with Parking Modification Permit: 26 (-5 spaces/-16%) ● Proposed minimum: 18 2020-08-11 Item 3 (Agenda.) PLN-2020-41, 1626 W Campbell, 1890 ft² medical office. (Change of use.) ● Required: 9 ● Approved with Parking Modification Permit: 8 (-1 space/-11%) ● Proposed minimum: 6 2016-02-23 Item 2 (Agenda.) PLN2015-354, 2145 S Winchester, 2255 ft² restaurant (45 seats, 540ft² non-dining.) ● Required: 18 ● Approved with Parking Modification Permit: 12 (-6 spaces/-33%) ● Proposed minimum: 8 2020-08-11 Item 4 (Agenda.) PLN-2020-45, 100 N San Tomas Aquino Rd, 18.1k ft² grocery store. ● Required: 93 ● Approved with Parking Modification Permit: 91 ● No proposed changes. 2015-11-10 Item 5 (Agenda.) PLN2015-312, 2145 S Winchester, 2255 ft² restaurant (45 seats, 540ft² non-dining.) ● Required: 18 ● Approved with Parking Modification Permit: 12 (-6 spaces/-33%) ● Proposed minimum: 8 2016-01-26 Item 3 (Agenda.) PLN2015-361, 1980 Hamilton Ave, school and daycare. No reduction in parking proposed; this involved a shared parking arrangement. 2015-08-11 Item 1 (Agend a.) PLN2013-266, 70 S San Tomas Aquino Rd, daycare. No reduction in parking proposed; this involved a dispute about a shared parking arrangement. AB 2097 Areas 2021-07-13 Item 2 (Agenda.) PLN-2020-123, 1070 Dell Avenue, 7410 ft² motor vehicle parts and supplies (very limited maintenance/installation) ● Required: 21 ● Approved with Parking: 20 ● No proposed changes. 2021-10-12 Item 1 (Agenda.) PLN-2021-82, 1315 Dell, 46.9k ft² office. ● Required: 209 ● Approved with Parking Modification Permit: 162 (-43 spaces/-22%) ● Proposed minimum: 118 2021-06-22 Item 1 (Agenda.) PLN-2021-60, 2605 S Winchester, 23.8k ft² ambulatory surgical center. ● Required: 120 ● Approved with Parking Modification Permit: 96 (-24 spaces/-20%) ● Proposed minimum: 68 2020-12-08 Item 1 (Agenda.) PLN-2020-133, 930 Dell Ave, 8200 ft² industrial building. ● Required: 20 ● Approved with Parking Modification Permit: 16 (-4 spaces/-20%) ● No proposed changes. 2020-09-22 Item 3 (Agenda.) PLN2019-206, 1055 Florence Way, 7000 ft² industrial building ● Required: 18 ● Approved with Parking Modification Permit: 15 (-3 spaces/-17%) ● No proposed changes. 2020-06-23 Item 1 (Agenda.) PLN2019-234, 85 Gilman Ave, 3900 ft² fitness studio. ● Required: 16 ● Approved with Parking Modification Permit: 9 (-7 spaces/-44%) ● Proposed minimum: 13 2019-07-09 Item 1 (Agenda.) PLN2019-67, 469 E Campbell Ave, 1340 ft² brewery tasting room. ● Required: 17 ● Approved with Parking Modification Permit: 7 (-10 spaces/-59%) ● Proposed minimum: 5 2019-05-14 Item 1 (Agenda.) PLN2018-241, 1600 Dell Ave Suite C, 4800 ft² fitness studio. ● Required: 19 ● Approved with Parking Modification Permit: 12 (-7 spaces/-37%) ● Proposed minimum: 16 2019-05-14 Item 3 (Agenda.) PLN2018-285, 1610 Dell Ave Suite S, 6036 ft² fitness studio. ● Required: 30 ● Approved with Parking Modification Permit: 21 (-9 spaces/-30%) ● Proposed minimum: 20 2019-03-26 Item 2 (Agenda.) PLN2019-26, 1190 Dell Ave Suite P, 2970 ft² fitness studio. ● Required: 12 ● Approved with Parking Modification Permit: 8 (-4 spaces/-33%) ● Proposed minimum: 10 2018-09-11 Item 3 (Agenda.) PLN2018-247, 2305 South Winchester Blvd, 3200 ft² restaurant. ● Required: 19 ● Approved with Parking Modification Permit: 11 (-8 spaces/-42%) ● Proposed minimum: 11 2018-06-26 Item 2 (Agenda.) PLN2018-174, 95 E Hamilton, 5808 ft² office building. ● Required: 26 ● Approved with Parking Modification Permit: 24 (-2 spaces/-8%) + 8 motorcycle ● Proposed minimum: 15 2018-06-26 Item 4 (Agenda.) PLN2018-139, 577 Salmar Ave, 6266 ft² commercial school. ● Required: 67 ● Approved with Parking Modification Permit: 63 (-4 spaces/-6%) ● No proposed changes. 2017-08-22 Item 2 (Agenda.) PLN2017-204/PLN2012-154, 529 Forman Dr Suites D and E, 4860 ft² fitness studio. ● Required: 19 ● Approved with Parking Modification Permit: 15 (-4 spaces/-21%) ● Proposed Minimum: 16 2017-02-28 Item 3 (Agenda.) PLN2017-009, 276-280 E. Campbell Avenue, 10.8k ft² expansion of commercial building (office plus retail or restaurant) behind Opa’s/Mo’s. ● Required: 31 ● Approved with Parking Modification Permit: 0 (-31 spaces/-100%) ● Proposed minimum: 27 to 36, depending on usage. 2016-11-22 Item 5 (Agenda.) PLN2016-290, 665 E McGlincy Ln, 6890 ft² industrial, losing parking due to installing a new driveway. ● Required: 22 ● Approved with Parking Modification Permit: 20 (-2 spaces/-9%) ● No changes proposed. 2015-09-08 Item 2 (Agenda.) PLN2014-310, 501 E Campbell, 3600 ft² restaurant, controversial. ● Required: 51 ● Approved with Parking Modification Permit: 18 (-33 spaces/-67%) ● Proposed minimum: 12 2014-10-14 Item 1 (Agenda.) PLN2014-271, 2125 S Winchester Blvd #110 and #160, 17.1k ft² art studio. No reduction in parking proposed; this involved restriping lots. 2014-06-10 Item 1 (Agenda.) PLN2014-145, 1690 S Bascom Ave, 18.8k ft² grocery store, modification to shared parking arrangement to support outdoor seating. Other Areas 2022-03-08 Item 1 (Agenda.) PLN-2020-64, 1336 Parsons Ave, 3743 ft² office. (Moving a portion of one lot into another and changing the zoning map to reflect that.) ● Required: 17 ● Approved with Parking Modification Permit: 15 (-2 spaces/-12%) ● Proposed minimum: 10 2019-04-09 Item 1 (Agenda.) PLN2017-45/PLN2018-328, 775 Waldo Rd, school gym. No reduction in parking proposed; this involved an overflow lot. 2013-12-10 Item 1 (Agenda.) PLN2013-228, 225 W Hamilton Ave, 1855 ft² medical office. ● Required: 9 ● Approved with Parking Modification Permit: 8 (-1 space/-11%) ● Proposed minimum: 5 To: Chair Buchbinder and Planning Commissioners Date: November 28, 2023 From: Daniel Fama, Senior Planner Via: Rob Eastwood, Community Development Director File No.: Desk Item – Revised Plans and Resolution for 105 Kennedy Avenue The applicant has submitted revised plans for the 105 Kennedy Avenue duplex proposal for consideration by the Planning Commission, as enclosed with this memorandum. A revised draft resolution has also been prepared and enclosed. As the revised building area falls within the 20% (±) deviation allowed for applications submitted pursuant to an SB-330 pre-application, staff determined the changes to be minor such that the public hearing did not need to be continued. Revisions The specific revisions to the plans include the following: ➢ Expansion of the floor area from 1,790 square feet to 1,940 square feet. ➢ Increase in building depth by two feet, from approximately 42 feet to 44 feet. ➢ Increase in building width by 10 inches, from 22.20 feet to 23 feet. ➢ Reduction of the front setback from 5 feet to 3 feet. Note: Please note that the setback reduction will place the building within an existing 4-foot sidewalk easement. However, the Public Works Department is amenable to abandoning this easement since the project will include replacement easements. Accordingly, an additional condition of approval reflecting this change has been added to the resolution. 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FILE NO.: PLN-2023-119 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: 1. The Proposed Project is an application for a Planned Development Permit to allow construction of a two-level stacked two-level, 1,940 square-foot duplex on an existing residential property developed with a detached single-family home to remain. 2. The Project Site is an approximately 4,900 square-foot (net) parcel (7,965 gross square-feet) located at the northwest corner of Kennedy Avenue and Industrial Street. 3. The Proposed Project was submitted under an SB-330 preliminary application filed in compliance with Government Code § 65941.1 on April 28, 2023, predating the June 2, 2023, implementation date of the new General Plan, revised Zoning Code, and Multi- Family Development and Design Standards (MFDDS). 4. Due to the aforementioned preliminary application, the application is not subject to any objective design standards nor any zoning district specific development standards. 5. The Project Site was designated at the time of pre-application submittal as Medium Density Residential (14-20 units/gr. acre) and zoned P-D (Planned Development), as shown on the former Campbell General Plan and Zoning Maps, respectively. 6. The Project Site is currently developed with a single-family residence that would remain with the project, which is currently being remodeled under a separate permit. 7. The Proposed Project's three units would result in a density of 16.4 units/gr. acre (3 units ÷ 0.182 gross acres), consistent with the density range of the applicable Medium Density Residential (14-20 units/gr. acre) designation. Although three units exceeds the allowable one unit otherwise specified by former CMC Sec. 21.08.060.E., Table 2- 6 (General Development Standards – R-2 Zoning District), pursuant to California Government Code § 65589.5, in cases where the general plan and zoning ordinance do not match, a project is only required to comply with the general plan. 8. The Proposed Project is not subject to the provisions CMC Chapter 21.24 (Inclusionary Housing Ordinance) in that it has fewer than 10 housing units. Planning Commission Resolution No. 469_ Page 2 of 4 PLN-2023-119 – Planned Development Permit 105 Kennedy Avenue 9. The Proposed Project is a "housing development project" under State law, which limits the City in its capability 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 (other than those waived/reduced through use of the Density Bonus law); or 2) the project will result in a specific adverse impact to public health and safety. 10. The Proposed Project would be consistent 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-9.3e: 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. 11. The Proposed Project incorporates a requirement for off-site public improvements including dedication of right-of-way for public street purposes and installation of City standard curb, gutter, sidewalk, driveways, street tree(s), and street light(s). 12. 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. 13. The Planning Commission further considered the landscaping design of the proposed project, including the location, height, and material of fences, 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. 14. 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 Planning Commission Resolution No. 469_ Page 3 of 4 PLN-2023-119 – Planned Development Permit 105 Kennedy Avenue 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. 15. 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. 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. Based upon the foregoing findings of fact and in consideration of the entire administrative record, 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; Environmental Findings (CMC Sec. 21.38.050): 5. This project is Categorically Exempt under per Section 15303(b) of the California Environmental Quality Act (CEQA), pertaining to the construction of duplex or similar multi-family residential structures designed for not more than six dwelling units in an urbanized area; and 6. 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 approval of a Planned Development Permit to allow construction of a stacked two-level, 1,940 square- foot duplex on an existing residential property developed with a detached single-family home to remain, located at 105 Kennedy Avenue, subject to the attached recommended Conditions of Approval (attached Exhibit A). Planning Commission Resolution No. 469_ Page 4 of 4 PLN-2023-119 – Planned Development Permit 105 Kennedy Avenue PASSED AND ADOPTED this 28th day of November, 2023, by the following roll call vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: APPROVED: Adam Buchbinder, Chair ATTEST: Rob Eastwood, Secretary EXHIBIT B RECOMMENDED CONDITIONS OF APPROVAL PLN-2023-119 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 Planned Development Permit to allow construction of a stacked two-level, 1,940 square-foot duplex on an existing residential property developed with a detached single-family home to remaining, on property located at 105 Kennedy Avenue. The Approved Project shall substantially conform to the Revised Project Plans included in the Planning Commission Desk Item Memorandum, dated November 28, 2023, except as may be modified by conditions of approval contained herein. 2.Permit Expiration: Approval of the Planned Development Permit ("Approval") shall be valid for two (2) years from the effective date of City Council action (expiring January 22, 2026). 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.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. 4.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. 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.Fences/Walls: Any newly proposed fencing and/or walls shall comply with CMC Section 21.18.060. However, the applicant may seek approval of a Fence Exception from the Community Development Director to allow placement of fencing within the otherwise required corner triangular clearance area and/or street-side setback area. Exhibit A – Recommended Conditions of Approval ~ 105 Kennedy Avenue Page 2 PLN-2023-119 – Planned Development Permit 7. Water Efficient Landscape Standards: As a new construction project with a total project landscape area equal to or less than 2,500 square feet, this project is subject to the updated California Model Water Efficient Landscape Ordinance (MWELO) and may comply with the Prescriptive Compliance Option in Appendix D. This document is available at: http://www.cityofcampbell.com/DocumentCenter/View/176 or on the Planning Division’s Zoning and Land Use webpage through www.cityofcampbell.com. The building permit application submittal shall demonstrate compliance with the applicable MWELO and landscaping requirements and shall include the following: a. Planting and Irrigation Plans that meet all requirements of the Prescriptive Compliance Option in Appendix D. b. A completed Landscape Information Form. c. 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.” 8. 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. f. Use standard dust and erosion control measures that comply with the adopted Best Management Practices for the City of Campbell. 9. Construction Hours/Fines/Stop Work Notice: Failure to comply with permitted working hours that result in verified complaints may result in the issuance of a Stop 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. 10. 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. Exhibit A – Recommended Conditions of Approval ~ 105 Kennedy Avenue Page 3 PLN-2023-119 – Planned Development Permit 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 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. Any protected trees shall be fenced to prevent damage to root systems in compliance with the Standards for Tree Protection During Construction. PUBLIC WORKS DEPARTMENT 14. Construction Drawings: The applicant shall submit the following permit applications prior to, or concurrent with the main Building permit application: a. Encroachment Permit for Street Improvement Plans: The frontage improvements for the project shall be shown on a separate street improvement plan as detailed here: https://www.campbellca.gov/187/Street- Improvements b. Building Permit for On-Site / Grading & Drainage Plans: The on-site grading, drainage, stormwater, landscaping, ADA and site improvements for the project shall be shown on a separate building permit plan as detailed here: https://www.campbellca.gov/DocumentCenter/View/16594 c. Street / Easement Dedication: The street / easement dedication documents required for this project shall be submitted for review by the City Surveyor as detailed here: https://www.campbellca.gov/DocumentCenter/View/430 15. Right-of-Way for Public Street Purposes: Prior to issuance of any grading or building permits for the site, the applicant shall fully complete the process to cause additional right-of-way to be granted in fee for public street purposes along the Kennedy Avenue frontage to accommodate a 30-foot half-street, and the required radius at the return, unless otherwise approved by the City Engineer. The applicant shall submit the necessary documents for approval by the City Engineer, process the submittal with City staff’s comments and fully complete the right-of-way process. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City’s review and recordation. 16. Park Impact Fee: A fee in-lieu of parkland dedication pursuant to Campbell Municipal Code (CMC) Chapter 20.24 (Park Impact Fees and Park Land Dedication Subdivisions) is required. The in-lieu fee shall be equal to the fee for two (2) new dwelling units based on the Multi- family rate. The fee in effect at the time of payment, Exhibit A – Recommended Conditions of Approval ~ 105 Kennedy Avenue Page 4 PLN-2023-119 – Planned Development Permit as established by the City's Schedule of Fees, shall be the fee due. The fee shall be due prior to the final Building inspection. 17. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding stormwater pollution prevention. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay. Resources to achieve these objectives include Stormwater Best Management Practices Handbook for New Development and Redevelopment (“CA BMP Handbook”) by the California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for Stormwater Quality Protection (“Start at the Source”) by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Stormwater Quality: A Companion Document to Start at the Source (“Using Site Design Techniques”) by BASMAA, 2003. 18. Water Meter(s) and Sewer Cleanout(s): Proposed water meter(s) and sewer cleanout(s) shall be installed on private property behind the public right-of-way line. 19. Plans / Encroachment Permit / Fees / Deposits: Prior to issuance of any grading or building permits for the site, the applicant shall cause plans for public street improvements to be prepared, pay various fees and deposits and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City Engineer. The plans shall include the following, superseding any other notes or depictions on the Approved Project Plans to the contrary, unless otherwise approved by the City Engineer: a. Show location of all existing utilities within the new and existing public right of way. b. Removal and replacement of broken/uplifted curb and gutter along project frontage. c. Installation of a City approved street tree in the park strip along the Kennedy Avenue frontage. The tree species will be determined during the street improvement plan stage. d. Construction of five (5) foot wide City standard detached sidewalk and park strip along the Kennedy Avenue frontage. e. Construction of two (2) ADA compliant ramps at the corner of Kennedy Avenue and Industrial Street f. Construction of five (5) foot wide City standard ADA compliant attached sidewalk along the Industrial Street frontage g. Installation of traffic control, stripes and signs. h. Construction of conforms to existing public and private improvements, as necessary. Exhibit A – Recommended Conditions of Approval ~ 105 Kennedy Avenue Page 5 PLN-2023-119 – Planned Development Permit 20. Vacation of Excess Sidewalk Easement: Prior to issuance of any building permits for the site, the applicant shall fully complete the street vacation process to vacate the excess sidewalk easement along the Industrial Street frontage. The applicant shall submit a vacation of excess right-of-way application for approval by the City Engineer, pay the current application processing fee, process the application with City staff’s comments and fully complete the street vacation. As part of the vacation process, the applicant shall dedicate replacement sidewalk easements at the existing and proposed ADA compliant driveways. 21. Street Improvements Completed for Occupancy and Building Permit Final: Prior to allowing occupancy and/or final building permit signoff for any and/or all buildings, the applicant shall have the required street improvements installed and accepted by the City, and the design engineer shall submit as-built drawings to the City. 22. Maintenance of Landscaping: Owner(s), current and future, are required to maintain the landscaped park strip in the public right of way. This includes, but is not limited to: trees, lawn, plantings, irrigation, etc. Trees shall not be pruned in a manner that would not allow the tree to grow to a mature height. 23. 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. 24. 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 25. Fire Sprinklers Required: An automatic residential fire sprinkler system shall be installed in all new one- and two-family dwellings. Sprinklers noted on sheet A0.1. 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 automatic fire sprinklers per CFC [903.3.1.3]. Letter received. Hydrant is capable of meeting fire flow. 27. Construction Site Fire Safety: All construction sites must comply with applicable provisions of the CFC Chapter 33 and our Standard Detail and Specification SI-7. Provide appropriate notations on subsequent plan submittals, as appropriate to the project. CFC Chp. 33. 28. Address identification: New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that Exhibit A – Recommended Conditions of Approval ~ 105 Kennedy Avenue Page 6 PLN-2023-119 – Planned Development Permit 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. 29. Water Supply Requirements: Potable water supplies shall be protected from contamination caused by fire protection water supplies. It is the responsibility of the applicant and any contractors and subcontractors to contact the water purveyor supplying the site of such project, and to comply with the requirements of that purveyor. Such requirements shall be incorporated into the design of any water-based fire protection systems, and/or fire suppression water supply systems or storage containers that may be physically connected in any manner to an appliance capable of causing contamination of the potable water supply of the purveyor of record. Final approval of the system(s) under consideration will not be granted by this office until compliance with the requirements of the water purveyor of record are documented by that purveyor as having been met by the applicant(s). 2022 CFC Sec. 903.3.5 and Health and Safety Code 13114.7. 30. Limit of Review: This review shall not be construed to be an approval of a violation of the provisions of the California Fire Code or of other laws or regulations of the jurisdiction. A permit presuming to give authority to violate or cancel the provisions of the fire code or other such laws or regulations shall not be valid. Any addition to or alteration of approved construction documents shall be approved in advance [CFC, Ch.1, 105.3.6].