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PC Res 4714 RESOLUTION NO. 4714 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A SITE AND ARCHITECTURAL REVIEW PERMIT TO ALLOW THE REPLACEMENT OF SIDING MATERIAL ALONG WITH THE INSTALLATION OF SHADE CANOPIES OVER EXISTING BALCONIES FOR AN EXISTING DUPLEX ON PROPERTY LOCATED AT 103 S. FIRST STREET. THE APPLICATION(S) UNDER CONSIDERATION INCLUDES A SITE AND ARCHITECTURAL REVIEW PERMIT. FILE NO.: PLN-2024-64. 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 P-D (Planned Development) on the City of Campbell Zoning Map. 2. The Project Site is designated Low-Medium Density Residential (8-16 units per gross acre) on the City of Campbell General Plan Land Use diagram. 3. The Project Site is an approximately 5,417 square-foot parcel located along the southwest corner of S. First Street and Everett Avenue and is currently developed with a two-story, two-unit development that was previously entitled under Planned Development Permit PD 86-02. 4. The Proposed Project is an application for a Site and Architectural Review Permit to allow the replacement of siding material along with the installation of shade canopies over existing balconies, and entitle an existing duplex. 5. Under the previous Zoning Code, all projects within the P-D Zoning District required a planned development permit. However, the City's new General Plan and revised Zoning Code, effective June 2, 2023, classified the P-D Zoning District as a legacy zone under Section 21.04.070 (Legacy Zones). A legacy zone refers to a base zoning district applied to a property before June 2, 2023, which remains effective for that property but cannot be applied to any new properties after that date. The rules and regulations of the legacy zone continue to apply to the subject property. 6. The City no longer provides a method to amend previous P-D permits and considers all existing P-D permits as legacy permits, therefore this project requires the approval of a new Site and Architectural Review Permit, in accordance with Section 21.42.020 (Site and architectural review permit required), to alter the existing façade and allow changes to the exterior of the building. 7. The existing duplex is nonconforming in several aspects, including setbacks, density, and floor area ratio. According to Section 21.58.050 (Restrictions on Nonconforming Structures), a nonconforming structure lawfully constructed Planning Commission Resolution No. 4714 Page 2 of 3 Approving a Site and Architectural Review Permit 103 S. First St ~ Project File No.: PLN-2024-64 before the enactment of rezoning, reclassification, or regulatory changes may continue to exist, provided it is not added to or enlarged in any manner. The proposed alterations will not alter the existing building's structure, as the exterior façade changes do not structurally modify the existing walls. "Structurally altered" refers to any modification, removal, or addition of wall studs, plates, headers, joists, sills, bracing, or similar structural elements, as determined by the Building Official, subject to appeal to the Building Board of Appeal. 8. The Proposed Project’s design, placement, and scale, as further described in this report, is well integrated with neighboring homes, the proposed project is consistent with the following General Plan Land Use Strategy: Policy CD-1.1: Recognize that the city is composed of residential, industrial and commercial neighborhoods, each with its own individual character; and allow change consistent with reinforcing positive neighborhood values, while protecting the integrity of the city’s neighborhoods. 9. The prior Zoning Code, for the P-D zoning district generally allowed for flexibility of site standards (lot coverage, floor area ratio, setbacks, etc.) when consistent with site characteristics, particularly related to the development’s design and provision of open space. However, development within the P-D Zoning District must also be consistent with the underlying General Plan Land Use designation as well as applicable General Plan goals, policies, and strategies. 10. The proposed architectural upgrades for the building at 103 S. 1st Street in Campbell, CA, will significantly enhance both the aesthetic and functional qualities of the structure, contributing positively to the neighborhood's overall development. By utilizing modern, durable materials that adhere to contemporary urban design standards, the project ensures that the building remains visually appealing and structurally sound. 11. While the City does not have any design guidelines for multi-family residential developments not subject to the Multi-family Development Design Standards, the General Plan does encourage “attractive residential neighborhoods” with “consistent development patterns.” For this reason, the proposed façade update aligns with the City’s General Plan in the following ways: Policy CD-1.1 Recognize that the city is composed of residential, industrial and commercial neighborhoods, each with its own individual character; and allow change consistent with reinforcing positive neighborhood values, while protecting the integrity of the city’s neighborhoods. Policy CD-1.3: Through implementation of the city’s design review process, encourage creative, high-quality, innovative, and distinctive architectural and site designs that help create unique, vibrant places. Action CD-1.a Continue to review projects utilizing the Campbell Municipal Code Chapter 21.42 (Site and Architectural Review) standards and procedures. 12. The Proposed Project is consistent with the Considerations in Review of Applications (CMC Section 21.42.040) for Site and Architectural Review. 13. 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. Planning Commission Resolution No. 4714 Page 3 of 3 Approving a Site and Architectural Review Permit 103 S. First St ~ Project File No.: PLN-2024-64 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 under Section 15301 of the California Environmental Quality Act (CEQA) pertaining to existing facilities and Class 1 consisting of the minor alteration of an existing private structure; 6. There are no unusual circumstances that would prevent the project from qualifying as Categorically Exempt per Section 15300.2c of the CEQA Guidelines. THEREFORE, BE IT RESOLVED that the Planning Commission adopts a Resolution approving a Site and Architectural Review Permit to allow the replacement of siding material along with the installation of shade canopies over existing balconies and entitle an existing duplex on property located at 103 S. First Street, 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 15:39 PDT) EXHIBIT A CONDITIONS OF APPROVAL Site and Architectural Review Permit Project File No.: PLN-2024-64 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 they are required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. COMMUNITY DEVELOPMENT DEPARTMENT Planning Division: 1. Approved Project: Approval is granted for a Site and Architectural Review to allow the replacement of siding material along with the installation of shade canopies over existing balconies and entitle an existing duplex on property located at 103 S. First Street. The project shall substantially conform to the Project Plans, included as Attachment 2 in the July 9, 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 July 19, 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. Bird Safety: Bird safety treatment is required on any transparent atrium, free-standing glass feature, or architectural glass element that projects from the building mass. Mirrored glass and glazing with a reflective index greater than 20 percent are prohibited on building facades. 5. 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. 6. 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. 7. Construction Activities: The applicant shall abide by the following requirements during construction: Conditions of Approval Page 2 of 2 Site and Architectural Review Permit 103 S. First Street ~ Project File No.: PLN-2024-64 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. 8. 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. 9. 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. Building Division: 10. 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. 11. Conditions of Approval: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 12. 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. Resolution 4714 ~ 103 S First Street Final Audit Report 2024-09-09 Created:2024-09-06 By:Nina Comcai (ninac@campbellca.gov) Status:Signed Transaction ID:CBJCHBCAABAAk00VE3INQKhQTG1iOh5eBE-NJU6szKN9 "Resolution 4714 ~ 103 S First Street" History Document created by Nina Comcai (ninac@campbellca.gov) 2024-09-06 - 5:50:38 PM GMT Document emailed to Rob Eastwood (robe@campbellca.gov) for signature 2024-09-06 - 5:50:43 PM GMT Document emailed to Alan Zisser (alanzisser@gmail.com) for signature 2024-09-06 - 5:50:43 PM GMT Email viewed by Alan Zisser (alanzisser@gmail.com) 2024-09-06 - 10:39:01 PM GMT Signer Alan Zisser (alanzisser@gmail.com) entered name at signing as Alan Zisser 2024-09-06 - 10:39:32 PM GMT Document e-signed by Alan Zisser (alanzisser@gmail.com) Signature Date: 2024-09-06 - 10:39:34 PM GMT - Time Source: server Email viewed by Rob Eastwood (robe@campbellca.gov) 2024-09-09 - 6:46:44 PM GMT Document e-signed by Rob Eastwood (robe@campbellca.gov) Signature Date: 2024-09-09 - 6:46:51 PM GMT - Time Source: server Agreement completed. 2024-09-09 - 6:46:51 PM GMT