PC Reso 4727RESOLUTION NO. 4727
BEING A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CAMPBELL APPROVING A SITE AND
ARCHITECTURAL REVIEW PERMIT TO ALLOW THE
CONSTRUCTION OF A 5,937 SQUARE FOOT TWO-
STORY HOME WITH 2 CAR GARAGE, 1 CAR GARAGE,
AND FRONT AND REAR PORCHES, AND A TREE
REMOVAL PERMIT TO ALLOW THE REMOVAL OF 1
PROTECTED TREE ON PROPERTY LOCATED AT 1611
VAN DUSEN LANE. PROJECT FILE NO. PLN-2024-40
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-1-9 (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 a 14,295 square foot parcel located along the south side of
Van Dusen Lane between York Avenue and Highway 85.
4. The Proposed Project is an application for a Site and Architectural Review
Permit to allow the construction of a 5,937 square foot two-story home with 2 car
garage, 1 car garage, and front and rear porches, and a Tree Removal Permit to
allow the removal of 1 protected tree.
5. 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.
6. The Proposed Project will result in a lot coverage of 30% and a Floor Area Ratio
(FAR) of .415, where a maximum 35% lot coverage and .45 FAR are allowed in
the R-1-9 Zoning District in the San Romas Area Neighborhood Plan.
7. The proposed project proposes a building height of 26’-9.75” and 2 stories (a
maximum of 28’ and 2 ½ stories is allowed), a front setback of 26’-5” (25’ is
required), first floor side setbacks of 8’ and 10’ (8’ and 10’ are required), a
second floor side setbacks of 12’ and 12’ (12’ and 12’ are required, and a rear
setback of 109’-10.5” (25’ is required).
8. The proposed project will provide 2 covered and 1 uncovered parking spaces,
satisfying the applicable parking requirement.
9. The Proposed Project is a "housing development project" under State law, which
10. 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
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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.
11. 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.
12. 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.
13. The Proposed Project is consistent with the Considerations in Review of
Applications (CMC Section 21.42.040) for Site and Architectural Review.
14. 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.
15. 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.
16. 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.
17. 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:
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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
Tree Removal Permit Finding(s) (CMC Sec. 21.32.080.A):
1. Economic enjoyment and hardship: The retention of the tree(s) restricts the
economic enjoyment of the property or creates an unusual hardship for the
property owner by severely limiting the use of the property in a manner not
typically experienced by owners of similarly zoned and situated properties, and
the applicant has demonstrated to the satisfaction of the approval authority that
there are no reasonable alternatives to preserve the tree(s);
Environmental Findings (CMC Sec. 21.38.050):
1. 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
construction of a 5,937 square foot two-story home with 2 car garage, 1 car garage,
and front and rear porches, and a Tree Removal Permit to allow the removal of 1
protected tree on property located at 1611 Van Dusen Lane, subject to the attached
Conditions of Approval (attached Exhibit A).
PASSED AND ADOPTED this 10th day of December 2024, by the following roll call
vote:
AYES: Commissioners: Zisser, Kamkar, Krey, Buchbinder, Ostrowski, Majewski,
Fields
NOES: Commissioners:
ABSENT: Commissioners
ABSTAIN: Commissioners:
APPROVED:
Alan Zisser, Chair
ATTEST:
Rob Eastwood, Secretary
Alan Zisser (Jan 23, 2025 16:53 PST)
EXHIBIT A
CONDITIONS OF APPROVAL
Site and Architectural Review Permit
Project File No.: PLN-2024-40
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 Permit to allow
the construction of a 5,937 square foot two-story home with 2 car garage, 1 car garage,
and front and rear porches, and a Tree Removal Permit to allow the removal of 1
protected tree on property located at 1611 Van Dusen Lane. The project shall
substantially conform to the Project Plans, included as Attachment B in the December 10,
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 December 20, 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. Tree Protection: Tree removal and/or pruning shall comply with all requirements of CMC
Sec.21.32 (Tree Protection Regulations). The applicant shall also comply with all Building
Department Standards for Tree Protection During Construction. Protected trees shall
include trees on adjacent properties meeting the definition of ‘protected.
7. Construction Activities: The applicant shall abide by the following requirements during
construction:
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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.
BUILDING DIVISION:
1. 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.
2. Conditions of Approval: The Conditions of Approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
3. 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.
4. 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.
5. 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
1. The scope of this project triggers the requirement for Frontage Improvements as required
by Campbell Municipal Code 11.24.040. Prior to the issuance of Building permit, the
applicant will need to obtain an encroachment permit to remove existing non-ADA
sidewalk and driveway, and construct new 5’ wide ADA sidewalk and driveway along
project frontage.
2. Construction Drawings: The applicant shall submit the following permit applications prior to,
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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. 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
3. Sidewalk Easement: Prior to issuance of any grading or building permits for the site, the
applicant shall grant a sidewalk easement on private property contiguous with the public
right- of-way along the Van Dusen Lane frontage for the construction of City standard
driveway, unless otherwise approved by the City Engineer. 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.
4. 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 for one (1) new single-family dwelling at the Single-family
rate. The fee in effect at the time of payment, as established by the City's Schedule of
Fees, shall be the fee due. The fee shall be due to prior to Building permit final.
5. ADU Park Impact Fee: Senate Bill No. 13 (SB13) allows the assessment of impact fees to
accessory dwelling unit (ADU) of 750 square feet or more. The project plan shows the
ADU to be 683-sf which is less than 750-sf. Therefore, no ADU Park fee is due.
6. Storm Drain Area Fee: Prior to issuance of any grading or building permits for the site, the
applicant shall pay the required Storm Drain Area fee, currently set at $2,120.00 per net
acre, which is $693.88 (set for R-1 land use).
7. Storm Water Information: On the preliminary grading and drainage plan show the
amount, in square footage, of:
a. Existing impervious area.
b. Proposed impervious area (on-site and off-site).
c. Proposed pervious area.
8. 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.
9. Permeable Pavement: The proposed stormwater treatment plan is dependent on the use
of pervious materials for the driveway and pool decking. Therefore, this project is required
to use permeable pavers or permeable concrete for the areas as identified on the included
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stormwater treatment plan. The project is required to perform annual maintenance of the
permeable pavement, including vacuum sweeping of the permeable pavement prior to the
beginning of the rainy season.
10. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer
cleanout(s) shall be relocated or installed on private property behind the public right-of-
way line.
11. 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.
12. 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, 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 new and existing public right of way.
b. The existing sidewalk panels along project frontage exceed the 2% cross slope
and are not ADA compliant. Removal of existing non-ADA sidewalk and driveway
along project frontage.
c. Construction of 5’ wide ADA compliant sidewalk and driveway along project
frontage.
d. Construction of conforms to existing public and private improvements, as
necessary.
13. 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.
14. 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.
15. 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,
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gas, water, electric and all other utility work.
FIRE DISTRICT
1. Required Fire Flow: The minimum required fire flow for this project is 1,000 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.
2. Fire Sprinklers Required: An automatic residential fire sprinkler system shall be installed in
all new one- and two-family dwellings. -Noted on sheet A0.
3. 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.
4. 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.
5. 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.
Reso 4727 - 1611 Van Dusen Lane
Final Audit Report 2025-01-24
Created:2025-01-24
By:Ken Ramirez (kenr@campbellca.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAOnq5Qt0o9K99vXY1U3N3E-WA-TbbijP9
"Reso 4727 - 1611 Van Dusen Lane" History
Document created by Ken Ramirez (kenr@campbellca.gov)
2025-01-24 - 0:20:41 AM GMT
Document emailed to Rob Eastwood (robe@campbellca.gov) for signature
2025-01-24 - 0:20:45 AM GMT
Document emailed to Alan Zisser (alanzisser@gmail.com) for signature
2025-01-24 - 0:20:45 AM GMT
Email viewed by Rob Eastwood (robe@campbellca.gov)
2025-01-24 - 0:24:25 AM GMT
Document e-signed by Rob Eastwood (robe@campbellca.gov)
Signature Date: 2025-01-24 - 0:24:40 AM GMT - Time Source: server
Email viewed by Alan Zisser (alanzisser@gmail.com)
2025-01-24 - 0:52:06 AM GMT
Document e-signed by Alan Zisser (alanzisser@gmail.com)
Signature Date: 2025-01-24 - 0:53:39 AM GMT - Time Source: server
Agreement completed.
2025-01-24 - 0:53:39 AM GMT