PC Res 4712RESOLUTION NO. 4712
BEING A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CAMPBELL APPROVING A SITE AND
ARCHITECTURAL REVIEW PERMIT TO ALLOW THE
DEMOLITION OF AN EXISTING 1,336 SQUARE-FOOT
SINGLE-FAMILY RESIDENCE AND THE CONSTRUCTION
OF A NEW APPROXIMATELY 2,621 SQUARE-FOOT
SINGLE-FAMILY RESIDENCE ON PROPERTY LOCATED
AT 1361 PEGGY AVENUE. PROJECT FILE NO. PLN-2023-
89.
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 approval of a Site and
Architectural Review Permit:
1. The Project Site is zoned R-1-10 (Single Family Residential) on the City of
Campbell Zoning Map.
2. The Project Site is designated Low Density Residential (4.5 units/gr. acre) on
the City of Campbell General Plan Land Use diagram.
3. The Project Site is an approximately 8,219 square-foot parcel located along the
west side of Peggy Avenue between W. Hacienda Avenue and Steinway
Avenue.
4. The proposed project plans reflect an 8,569 square foot lot area that will be
created contingent upon approval of a vacation of excess right-of-way
application by the City Council.
5. The Project Site is and will remain a legal non-conforming lot within the R-1-10
(Single-Family Residential) Zoning District in that it has a lot size less than
10,000 square feet, and therefore is subject to STANP Land Use Policy 'D'
(Exceptions for Legal Non-Conforming Lots).
6. The Proposed Project is an application for a Site and Architectural Review
Permit to allow the demolition of an existing 1,336 square-foot single-family
residence and the construction of a new approximately 2,621 square-foot single-
family residence. There are no protected trees proposed for removal.
7. The project site is located in the San Tomas Area Neighborhood Plan (STANP),
and therefore, is subject to the regulations contained therein, including the
maximum building height, floor area ratio, lot coverage, and setbacks. The
project site complies with these development standards.
8. The Proposed Project will result in a lot coverage of 32% and a Floor Area Ratio
(FAR) of .31, where a maximum 35% lot coverage and .45 FAR are allowed in
the R-1-10 Zoning District in the San Romas Area Neighborhood Plan.
9. The proposed project proposes a building height of 20’-3 “ (a maximum of 28’
and 2 ½ stories is allowed), a front setback of 25’ (25’ is required), a side
Planning Commission Resolution No. 4712 Page 2 of 3
PLN-2023-89 ~ 1361 Peggy Avenue – Site and Architectural Review Permit
setback of 10’-1” and 8’-2” (where 10-feet and 8-feet are required), and a rear
setback of 26’-4” (where 25-feet is required).
10. The proposed project plans reflect an 8,569 square foot lot area that will be
created contingent upon approval of a vacation of excess right-of-way
application by the City Council.
11. The proposed project will provide two covered parking spaces in an attached
garage, satisfying the applicable parking requirement.
12. 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.
13. The Proposed Project adheres to the relevant design guidelines and
development frameworks, particularly the General Plan's focus on creating
"attractive residential neighborhoods" with "consistent development patterns"
and the STANP’s design guidelines.
14. The Proposed Project is consistent with the Considerations in Review of
Applications (CMC Section 21.42.040) for Site and Architectural Review.
15. 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.
16. 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.
17. 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.
Planning Commission Resolution No. 4712 Page 3 of 3
PLN-2023-89 ~ 1361 Peggy Avenue – Site and Architectural Review Permit
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 and pursuant to CMC Section 21.42.020
the Planning Commission further finds and concludes that:
Site and Architectural Review Permit Findings (CMC Sec. 21.42.060.B):
1. The project will be consistent with the General Plan;
2. The project conforms with the Zoning Code;
3. The project will aid in the harmonious development of the immediate area;
4. The project is consistent with applicable adopted design guidelines,
development agreement, overlay district, area plan, neighborhood plan, and
specific plan(s); and
Environmental Findings (CMC Sec. 21.38.050):
5. This project is Categorically Exempt per Section 15303, Class 3 of the California
Environmental Quality Act (CEQA), pertaining to the construction of single-
family dwellings.
THEREFORE, BE IT RESOLVED that the Planning Commission adopts a
Resolution approving a Site and Architectural Review Permit to allow the demolition
of an existing 1,336 square-foot single-family residence and the construction of a
new approximately 2,621 square-foot single-family residence on property located at
1361 Peggy Avenue, subject to the attached Conditions of Approval (attached
Exhibit A).
PASSED AND ADOPTED this 23rd day of July, 2024, by the following roll call vote:
AYES: Commissioners: Zisser, Kamkar, Buchbinder, Krey, Ostrowski, Fields,
Majewski
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
APPROVED:
Alan Zisser, Chair
ATTEST:
Rob Eastwood, Secretary
Alan Zisser (Sep 6, 2024 15:38 PDT)
EXHIBIT A
CONDITIONS OF APPROVAL
Site and Architectural Review Permit
Project File No.: PLN-2023-89
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.
PLANNING DEPARTMENT:
1. Approved Project: Approval is granted for a Site and Architectural Review to allow the
demolition of an existing 1,336 square-foot single-family residence and the construction of
a new approximately 2,621 square-foot single-family residence on property located at
1361 Peggy Avenue. The project shall substantially conform to the Project Plans,
included as Attachment B in the July 23, 2024, Planning Commission Staff Report,
except as modified by the Conditions of Approval.
2. Permit Expiration: The Site and Architectural Review Permit approved herein ("Approval")
shall be valid for one (1) year from the effective date of Planning Commission approval
(expiring August 2, 2025). Within this one-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. Plan Revisions: Upon prior approval by the Community Development Director, all Minor
Modifications to the approved project plans shall be included in the construction drawings
submitted for Building Permit. Any modifications to the Building plan set during
construction shall require submittal of a Building Permit Revision and approval by the
Building Official prior to Final Inspection.
4. Fences/Walls: Any newly proposed fencing and/or walls shall comply with Campbell
Municipal Code Section 21.18.060 and shall be submitted for review and approval by the
Community Development Department.
5. On-Site Lighting: On-site lighting shall be shielded away from adjacent properties and
directed on site in compliance with City of Campbell Lighting Design Standards (CMC
21.18.090). 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. Lighting fixtures shall be of a decorative design to be compatible
with the residential development and shall incorporate energy saving features.
6. Construction Activities: The applicant shall abide by the following requirements during
construction:
a. The project site shall be posted with the name and contact number of the lead
contractor in a location visible from the public street prior to the issuance of building
permits.
Conditions of Approval Page 2 of 4
PLN-2023-89 ~ 1361 Peggy Avenue – Site and Architectural Review Permit
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.
7. Vacation of Right-of-Way: Prior to issuance of a building permit, the applicant shall obtain
an approval from the City Council for vacation of 5 feet of existing right-of-way. If the City
Council does not approve the requested vacation of right-of-way, the applicant shall
submit revised plans for review and approval by the Community Development Director
that are in conformance with all development standards based on the existing parcel size.
8. Accessory Dwelling Unit Restriction: The applicant shall record a deed restriction on the
parcel consistent with CMC Section 21.23.070 prior to the issuance of a building permit.
BUILDING DIVISION:
9. 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.
10. Conditions of Approval: The Conditions of Approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
11. 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. All
protected trees shall be fenced to prevent damage to root systems in compliance with the
Standards for Tree Protection During Construction.
12. 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.
13. 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.
PUBLIC WORKS DEPARTMENT
14. Frontage Improvements: The scope of this project triggers the requirement for Frontage
Improvements as required by Campbell Municipal Code 11.24.040. However, per the
San Tomas Area Neighborhood Plan, this section of Peggy Avenue has been designated
Conditions of Approval Page 3 of 4
PLN-2023-89 ~ 1361 Peggy Avenue – Site and Architectural Review Permit
to remain unimproved and as such the applicant will not be required to construct new
curb, gutter or sidewalk. The street shoulder shall be improved consistent with the intent
of Green Infrastructure improvements that assist with stormwater drainage and treatment.
The Sidewalk Easement dedication shown on the plan is not required. Revise plan to
remove the Sidewalk Easement dedication, curb and driveway curb cut.
15. Storm Drain Area Fee: Prior to issuance of any building permits for the site, the applicant
shall pay the required Storm Drain Area fee, currently set at $2120.00 per net acre, which
is $399.83 (set for R-1 land use).
16. 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.
17. 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.
18. Plans / Encroachment Permit / Fees / Deposits: Prior to issuance of any 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, unless otherwise
approved by the City Engineer:
a. Show location of all existing utilities within the existing public right of way.
b. Removal of existing driveway approach.
c. Construction of driveway approach, 6” full depth AC shoulder paving.
d. Installation of gravel on the street shoulder along project frontage.
19. 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.
FIRE DISTRICT
20. Required Fire Flow: The fire flow for this project is 875 GPM at 20 psi residual pressure
from a single hydrant. This fire flow assumes the installation of fire sprinklers. Prior to
Conditions of Approval Page 4 of 4
PLN-2023-89 ~ 1361 Peggy Avenue – Site and Architectural Review Permit
issuance of a building permit, provide a fire flow letter from a local water purveyor
confirming the required fire flow of 875 GPM @20 psi residual from a fire hydrant located
within 600' of the farthest exterior corner of the structure. Contact San Jose Water for
details on how to obtain the fire flow letter. Compliance to be checked at building permit
submittal.
21. Fire Sprinklers Required: An automatic residential fire sprinkler system shall be installed in
all new one- and two-family dwellings. Sprinklers noted on sheet G001.
22. 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.
23. 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 4 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.
24. 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.
Resolution 4712 ~ 1361 Peggy Ave
Final Audit Report 2024-09-09
Created:2024-09-06
By:Nina Comcai (ninac@campbellca.gov)
Status:Signed
Transaction ID:CBJCHBCAABAADwfBCi0HB55s8o1kC64kLZ8VM33WXM3Y
"Resolution 4712 ~ 1361 Peggy Ave" History
Document created by Nina Comcai (ninac@campbellca.gov)
2024-09-06 - 5:45:15 PM GMT
Document emailed to Rob Eastwood (robe@campbellca.gov) for signature
2024-09-06 - 5:45:21 PM GMT
Document emailed to Alan Zisser (alanzisser@gmail.com) for signature
2024-09-06 - 5:45:22 PM GMT
Email viewed by Alan Zisser (alanzisser@gmail.com)
2024-09-06 - 10:38:06 PM GMT
Document e-signed by Alan Zisser (alanzisser@gmail.com)
Signature Date: 2024-09-06 - 10:38:47 PM GMT - Time Source: server
Email viewed by Rob Eastwood (robe@campbellca.gov)
2024-09-09 - 6:46:58 PM GMT
Document e-signed by Rob Eastwood (robe@campbellca.gov)
Signature Date: 2024-09-09 - 6:47:05 PM GMT - Time Source: server
Agreement completed.
2024-09-09 - 6:47:05 PM GMT