PC Res 4721RESOLUTION NO. 4721
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A SITE AND ARCHITECTURAL
REVIEW PERMIT (PLN-2024-1) TO ALLOW THE DEMOLITION OF
AN EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCTION
OF A NEW APPROXIMATELY 4,338 SQUARE FOOT TWO-STORY
SINGLE-FAMILY RESIDENCE ON PROPERTY LOCATED AT 1430
WESTMONT AVENUE.
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 file number PLN-2024-1:
1. The project site is zoned R-1-9 (Single Family Residential) on the City of Campbell
Zoning Map.
2. The project site is designated Low Density Residential (<5.5 units/gr. acre) on the
City of Campbell General Plan Land Use diagram.
3. The project site is an approximately 10,084 square foot single-family property parcel
located at the southside of Westmont Avenue, between Crockett Avenue and Abbot
Avenue.
4. The project includes the full demolition of an existing single-story single-family
residence and removal of two existing wood porches.
5. The proposed project consists of the construction of an approximately 4,338 square
foot two-story single-family residence with an attached garage. There are no
protected trees proposed for removal.
6. 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 proposed project
complies with these development standards.
7. The proposed project will result in a Floor Area Ratio (FAR) of 0.43 (a maximum of
0.45 FAR is allowed), and a lot coverage of 29% (a maximum of 35% is allowed).
Therefore, the project complies with the FAR and lot coverage requirements.
8. The proposed project proposes a two-story residence with a building height of
approximately 27’-3” (a maximum of 28’ and 2 ½ stories is allowed), a front setback
of 25’-0” (20’ is required), a first floor side setback of 10’-0”
and 8’-3” (when 10-feet and 8-feet are required), a second floor side setback of 14’-
0” and 27’-4” (when 14-feet, and 14-feet and 1 inch is required) and a rear setback
of 25-feet, 10 inches (where 25-feet is required).
Planning Commission Resolution No. 4721 Page 2 of 3
PLN-2024-1 ~ 1430 Westmont Avenue – Site and Architectural Review Permit
9. The proposed project will provide two covered parking spaces in an attached
garage, satisfying the applicable parking requirement.
10. Senate Bill 9 (SB-9; Government code § 65852.21) requires the ministerial approval
of either one or two residential units, which includes single-family residences.
Ministerial review means a process for development approval involving no personal
judgment by the public official as to the wisdom of carrying out the project. The
public official merely ensures that the proposed development meets all the
applicable objective standards for the proposed action but uses no special discretion
or judgment in reaching a decision.
11. 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 in consideration of the entire
administrative record (including the staff report) and current state law (Government
code § 65852.21; requiring the decision-maker to ensure the proposed development
meets all applicable objective standards and uses no special discretion or judgement in
reaching a decision) the Planning Commission further finds and concludes that:
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 the applicable adopted design guidelines, development
agreement, overlay district, area plan, neighborhood plan, and specific plan(s);
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 approves a Site and
Architectural Review Permit (PLN-2024-1) to allow the demolition of an existing single-
family residence and construction of a new approximately 4,338 square foot two-story
single-family residence on property located at 1430 Westmont Avenue, subject to the
attached Conditions of Approval (attached Exhibit “A”).
PASSED AND ADOPTED this 8th of October, 2024, by the following roll call vote:
AYES: Commissioners: Zisser, Kamkar, Buchbinder, Krey, Ostrowski, Fields,
Majewski
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
Planning Commission Resolution No. 4721 Page 3 of 3
PLN-2024-1 ~ 1430 Westmont Avenue – Site and Architectural Review Permit
APPROVED:
Alan Zisser, Chair
ATTEST:
Rob Eastwood, Secretary
Alan Zisser (Oct 24, 2024 11:21 PDT)
CONDITIONS OF APPROVAL
SITE AND ARCHITECTURAL REVIEW (PLN-2024-1)
Where approval by the Director of Community Development, City Engineer, Public
Works Director, City Attorney or Fire Department is required, that review shall be for
compliance with all applicable conditions of approval, adopted policies and guidelines,
ordinances, laws and regulations and accepted engineering practices for the item under
review. Additionally, the applicant is hereby notified that he/she is required to comply
with all applicable Codes or Ordinances of the City of Campbell and the State of
California that pertain to this development and are not herein specified.
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division:
1. Approved Project: Approval is granted for a Site and Architectural Review Permit
(PLN-2021-206) to allow the demolition of an existing single-family residence and
construction of a new approximately 4,338 square foot two-story single-family
residence, on property located at 1430 Westmont Avenue. The project shall
substantially conform to the Project Plans, included as Attachment B in the Planning
Commission Staff Report dated October 8, 2024, except as may be modified by
conditions of approval contained herein.
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 October 18, 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. Once established, this Approval shall be valid in
perpetuity on the Project Site, subject to continued operation of the use.
Discontinuation of the use for a continuous period of twelve months shall void the
Approval upon an affirmative determination by the Planning Commission in a public
hearing that the use has been discontinued.
3. Rough Framing and Planning Final Required: Planning Division clearance is
required prior to rough framing and final Building Permit clearance. Construction not
in substantial compliance with the approved project plans shall not be approved
without prior authorization of the necessary approving body.
4. Temporary Fencing: Temporary fencing shall be installed prior to the submittal of
any of building permits. The intent of the temporary fencing is to prohibit trespassers
onto the adjacent property (1440 Westmont Avenue). The temporary fencing shall
be to the satisfaction of the Santa Clara County Fire Marshall and shall be removed
once all final occupancies have been granted for 1445 Westmont Avenue and 103 –
111 Trailblazer Place.
Exhibit A - Conditions of Approval Page 2 of 7
PLN-2024-1 ~ 1430 Westmont Avenue – Site and Architectural Review Permit
5. Private Easement Obstructions: Upon submittal of a Building Permit, the project
plans shall illustrate a physical demarcation of the easement area (e.g. striping,
different materials, etc.) to ensure the easement area will be kept free of
obstructions.
6. Tree Protection Measures: Construction of private property where protected trees
are designated for preservation shall be protected during development of a property
by compliance with the following:
a. Protective fencing shall be installed no closer to the trunk than the dripline, and
far enough from the trunk to protect the integrity of the tree. Protective fencing
shall be installed as follows:
i. The fence shall be a minimum of six feet in height and shall be set
securely in place.
ii. The fence shall be chain link without slats to allow visibility to the
trunk for inspections and safety.
iii. There shall be no storage of any kind prior to or at such time after
the protective fencing is installed.
iv. The fence may be adjusted as necessary to accommodate work
approved within the dripline provided any excavation is done in
accordance with instructions directed by a qualified arborist.
b. The existing grade level around a tree shall normally be maintained out to the
dripline of the tree. Alternate grade levels may be approved by the Community
Development Director when it is reasonably demonstrated that the alternate
grade will not damage the health of the tree.
c. Drain wells shall be installed whenever impervious surfaces will be placed over
the root system of a protected tree (the root system generally extends to the
outermost edges of the branches).
d. Trees that have been damaged by construction shall be repaired in accordance
with accepted arboriculture methods.
e. Trees cannot be pruned to accommodate grading or construction without the
express written approval of the City. Upon receipt of written approval, pruning of
trees must be undertaken in accordance with “Pruning Standards” of the
International Society of Arboriculture and must be carried out by a licensed
arborist.
f. Soil compaction of the area under the dripline of the tree shall be avoided during
all phases of site clearing and construction.
g. No soil sterilants or weed killer that will inhibit or restrict the tree’s growth may be
applied in the root area.
h. No signs, wires or any other object shall be attached to the tree.
Exhibit A - Conditions of Approval Page 3 of 7
PLN-2024-1 ~ 1430 Westmont Avenue – Site and Architectural Review Permit
i. Any other measures deemed necessary by a qualified arborist and specified in
any report prepared for development projects with City review and approval.
j. The applicant shall provide the project planner with photos of the installed
protective fencing prior to issuance of a building permit.
7. 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.
8. Fences/Walls: Except as noted below, 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.
9. 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.
10. Water Efficient Landscape Standards: As a new construction project with a total
project landscape area greater than 2,500 square feet, this project is subject to the
updated California Model Water Efficient Landscape Ordinance (MWELO). 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. A Landscape Documentation Package
(https://www.campbellca.gov/DocumentCenter/View/19877/MWELO-
Compliance-Checklist-Performance-Compliance) prepared by an authorized
and licensed professional demonstrating compliance with the full MWELO
requirements with the following required elements:
a. Project Information per Section 492.3.
b. Water Efficient Landscape Worksheet per Section 492.4 (Appendix B
of the MWELO).
i. Include the worksheet within the plan set AND as a separate
PDF.
c. Soil Management Report per Section 492.5 (unless significant mass
grading is planned, in which case the report shall be submitted prior to
permit final).
Exhibit A - Conditions of Approval Page 4 of 7
PLN-2024-1 ~ 1430 Westmont Avenue – Site and Architectural Review Permit
d. Landscape Design Plan per Section 492.6.
e. Irrigation Design Plan per Section 492.7.
f. Grading Design Plan per Section 492.8.
Note that a Soil Management Report (if not submitted as part of the
Landscape Documentation Package) and Certificate of Completion will be
required prior to permit final.
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.”
Note: If the project landscape area increases during the course of the project,
additional requirements will apply.
11. Landscaping: Landscape areas in the aforementioned landscaping plan shall consist
of a mix of plants including natural turf, ornamental grasses, groundcovers, shrubs,
trees and boulders throughout and shall be provided with permanent irrigation, in
compliance with the Water Efficient Landscape Standards and Campbell Municipal
Code. All landscaping will be maintained in good condition and replaced as needed.
12. 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 a
Building 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.
BUILDING DIVISION
Exhibit A - Conditions of Approval Page 5 of 7
PLN-2024-1 ~ 1430 Westmont Avenue – Site and Architectural Review Permit
13. 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.
14. Conditions of Approval: The Conditions of Approval shall be stated in full on the
cover sheet of construction plans submitted for building permit.
15. Construction Fencing: The area of work shall be properly enclosed with construction
fencing to prevent unauthorized access during construction. The area of work 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.
16. 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.
17. 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
18. Frontage Improvements: The scope of this project triggers the requirement for
Frontage Improvements as required by Campbell Municipal Code 11.24.040. Per the
San Tomas Area Neighborhood Plan, this section of Westmont Avenue has been
designated to be fully improved (with curb, gutter and sidewalk). The project frontage
have existing curb, gutter, sidewalk and driveway. However, there are existing
sidewalk panels that are not ADA compliant and shall be replaced. Revise plan to
show the sidewalk panels that are not ADA compliant and construction of new
sidewalk.
19. 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
20. 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
Exhibit A - Conditions of Approval Page 6 of 7
PLN-2024-1 ~ 1430 Westmont Avenue – Site and Architectural Review Permit
Document to Start at the Source (“Using Site Design Techniques”) by BASMAA,
2003.
21. Water Meter: The project has an existing water meter installed in the public right-of-
way. If the water service is required to be upsized as part of the project (i.e. due to
fire sprinklers), then the new water meter shall be installed on private property
behind the public right-of-way line
22. Pavement Restoration: The applicant shall restore the pavement in compliance with
City standard requirements. In the event that the roadway has recently received a
pavement treatment or reconstruction, the project will be subject to the City’s Street
Cut Moratorium. The applicant will be required to perform enhanced pavement
restoration consistent with the restoration requirements associated with the Street
Cut Moratorium. The City’s Pavement Maintenance Program website
(https://www.ci.campbell.ca.us/219) has detailed information on the streets currently
under moratorium and the enhanced restoration requirements
23. Plans / Encroachment Permit / Fees / Deposits: Prior to issuance of any grading or
building permits for the site, the applicant shall execute a street improvement
agreement, cause plans for public street improvements to be prepared by a
registered civil engineer, pay various fees and deposits, post security 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 non-ADA compliant sidewalk panels along project frontage
and construction of new ADA compliant sidewalk. Sidewalk alignment will be
finalized during encroachment permit stage.
c. New concrete driveway in public right-of-way (between back of sidewalk and
front property line) shall be constructed with City standard driveway section. No
decorative concrete in public right-of-way.
d. Installation of City approved street tree(s) in the park strip and irrigation at 30 feet
on center.
e. Construction of conforms to existing public and private improvements, as
necessary.
f. Reconstruction of public improvements damaged during construction.
24. 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
25. Maintenance of Landscaping: Owner(s), current and future, are required to maintain
the landscaped park strip and tree wells 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.
Exhibit A - Conditions of Approval Page 7 of 7
PLN-2024-1 ~ 1430 Westmont Avenue – Site and Architectural Review Permit
26. 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.
FIRE DEPARTMENT
27. Required Fire Flow: The fire flow for this project is 500 GPM at 20 psi residual
pressure since an automatic fire sprinkler system will be installed. Note: The
minimum required number and spacing of the hydrants shall be in accordance with
CFC Table C102.1. Letter received. Hydrant is capable of meeting required fire flow.
28. Fire Sprinklers Required: An automatic residential fire sprinkler system shall be
installed in all new one- and two-family dwellings. -Sprinklers noted on sheet T1.
29. Construction Site Fire Safety: All construction sites must comply with applicable
provisions of the CFC Chapter 33 and our Standard Detail and Specification S1-7.
Provide appropriate notations on subsequent plan submittals, as appropriate to the
project. CFC Chp. 33.
30. 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.
31. 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.
Resol 4721 - 1430 Westmont Ave
Final Audit Report 2024-10-24
Created:2024-10-23
By:Ken Ramirez (kenr@campbellca.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAcv5lKeWFqXP7aeuFh6jfQzaNOsq9HpzQ
"Resol 4721 - 1430 Westmont Ave" History
Document created by Ken Ramirez (kenr@campbellca.gov)
2024-10-23 - 9:55:50 PM GMT
Document emailed to Rob Eastwood (robe@campbellca.gov) for signature
2024-10-23 - 9:57:00 PM GMT
Email viewed by Rob Eastwood (robe@campbellca.gov)
2024-10-24 - 5:40:03 PM GMT
Document e-signed by Rob Eastwood (robe@campbellca.gov)
Signature Date: 2024-10-24 - 5:42:02 PM GMT - Time Source: server
Document emailed to Alan Zisser (alanzisser@gmail.com) for signature
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Email viewed by Alan Zisser (alanzisser@gmail.com)
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Document e-signed by Alan Zisser (alanzisser@gmail.com)
Signature Date: 2024-10-24 - 6:21:09 PM GMT - Time Source: server
Agreement completed.
2024-10-24 - 6:21:09 PM GMT