PC Reso 4732RESOLUTION NO. 4732
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 SINGLE-FAMILY
DWELLING AND CONSTRUCTION OF AN
APPROXIMATELY 3,135 SQUARE FOOT, SINGLE-STORY,
SINGLE-FAMILY DWELLING AND A FENCE EXCEPTION
TO ALLOW AN 8-FOOT-TALL FENCE ALONG THE REAR
AND SIDE YARD WHERE A 6-FOOT-TALL FENCE WOULD
OTHERWISE BE ALLOWED ON PROPERTY LOCATED AT
774 OLD ORCHARD ROAD. PROJECT FILE NO. PLN-
2024-127
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-1-16 (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 a 9,480 square foot parcel located along the east side of Old
Orchard Road between Waldo Road and Robin Lane
4. The Proposed Project is an application for a Site and Architectural Review
Permit to allow the demolition of an existing single-family dwelling and
construction of an approximately 3,135 square foot, single-story, single-family
dwelling. Additionally, the proposal includes the installation of an 8-foot-tall gate
and the legalization of an existing 8-foot-tall fence along the rear and side
property lines.
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 34% and a Floor Area Ratio
(FAR) of .33, where a maximum 35% lot coverage and .45 FAR are allowed in
the R-1-16 Zoning District in the San Romas Area Neighborhood Plan.
7. The proposed project proposes a building height of 21-feet, 0.2-inches
comprised of a single story (a maximum of 28-feet and 2 ½ stories is allowed), a
front setback of 25-feet (25-feet is required), side setbacks of 8-feet and 10-feet
(8-feet and 10-feet are required).
8. The proposed project will provide two covered, satisfying the applicable parking
requirement of two spaces, with at least one covered.
Planning Commission Resolution No. 4732 Page 2 of 3
PLN-2024-127~ 774 Old Orchard Rd – Site and Architectural Review Permit
9. 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.
10. 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.
11. 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.
12. The Planning Commission considered the proposed fence exception to allow
an 8-foot-tall fence along the rear and side yard where a 6-foot-tall fence would
otherwise be allowed, and found that the proposed fence would not be
detrimental to the health, safety, peace, morals, comfort or general welfare of
persons residing or working in the neighborhood of the change. The site
features an existing 8-foot tall rear fence designed specifically for sound
attenuation between the property and the San Tomas Expressway. By
mirroring the existing fence's dimensions, the modification promotes a cohesive
aesthetic and maintains effective sound barrier functions.
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.
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
Fence Exception Finding(s) (CMC Sec. 21.32.080.A):
1. The change would not impair pedestrian or vehicular safety;
2. The change would result in a more desirable site layout;
Planning Commission Resolution No. 4732 Page 3 of 3
PLN-2024-127~ 774 Old Orchard Rd – Site and Architectural Review Permit
3. The change would not be detrimental to the health, safety, peace, morals,
comfort or general welfare of persons residing or working in the neighborhood
of the change; and
4. The change would not be detrimental or injurious to property and
improvements in the neighborhood or to the general welfare of the city.
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 demolition
of an existing single-family dwelling and construction of an approximately 3,135
square foot, single-story, single-family dwelling and a fence exception to allow an 8-
foot-tall fence along the rear and side yard where a 6-foot-tall fence would otherwise
be allowed on property located at 774 Old Orchard Road, subject to the attached
Conditions of Approval (attached Exhibit A).
PASSED AND ADOPTED this 25th day of February 2025, by the following roll call
vote:
AYES: Commissioners: Kamkar, Zisser, Krey, Buchbinder, Ostrowski,
Fields, Majewski
NOES: Commissioners:
ABSENT: Commissioners
ABSTAIN: Commissioners:
APPROVED:
Matt Kamkar, Chair
ATTEST:
Rob Eastwood, Secretary
Matt Kamkar (Mar 4, 2025 22:27 PST)
EXHIBIT A
CONDITIONS OF APPROVAL
Site and Architectural Review Permit
Project File No.: PLN-2024-127
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 single-family dwelling and construction of an approximately 3,135
square foot, single-story, single-family dwelling and a fence exception to allow an 8-foot-
tall fence along the rear and side yard where a 6-foot-tall fence would otherwise be
allowed on property located at 774 Old Orchard Road. The project shall substantially
conform to the Project Plans, included as Attachment B in the February 25, 2025,
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. 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 5
PLN-2024-127 ~ 774 Old Orchard Rd – 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.
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
6. 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 Kenneth Avenue has been designated to remain
unimproved and as such the applicant will not be required to construct new curb, gutter or
sidewalk. However, the plan is showing new paving in the public right-of-way for the new
driveway approaches. Prior to the issuance of Building permit, the applicant will be
required to obtain an encroachment permit for the construction of the driveway
approaches.
7. 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
Conditions of Approval Page 3 of 5
PLN-2024-127 ~ 774 Old Orchard Rd – Site and Architectural Review Permit
acre, which is $461.31 (set for R-1 land use).
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. Utilities: All on-site utilities shall be installed underground per Section 21.18.140 of the
Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall
comply with all plan submittals, permitting, and fee requirements of the serving utility
companies. Utility locations shall not cause damage to any existing street trees. Where
there are utility conflicts due to established tree roots or where a new tree will be installed,
alternate locations for utilities shall be explored. Include utility trench details where
necessary.
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. Street Improvement Agreements / 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, unless otherwise approved by the City Engineer:
a. Show location of all existing utilities within the new and existing public right of way.
b. Installation of asphalt concrete for the portion of driveways in the public right-of-way.
Pavers are not allowed in the public right-of-way. The total driveway width shall not be
more than 50% of the project frontage (total widths of the 2 driveways shall not exceed
37.5’).
c. The construction of the northern driveway is predicated on the City Arborist approval of
the street tree removal.
d. Installation of a 12” rock section on roadway shoulder in the areas without AC paving
along project frontage.
Conditions of Approval Page 4 of 5
PLN-2024-127 ~ 774 Old Orchard Rd – Site and Architectural Review Permit
e. 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.
FIRE DISTRICT
15. 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.
16. Fire Sprinklers Required: An automatic residential fire sprinkler system shall be installed in
all new one- and two-family dwellings. -Noted on sheet CVR1.
17. 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.
18. 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.
19. 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.
Conditions of Approval Page 5 of 5
PLN-2024-127 ~ 774 Old Orchard Rd – Site and Architectural Review Permit
20. Limited 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].
Reso 4732 - 774 Old Orchard Road
Final Audit Report 2025-03-05
Created:2025-03-04
By:Ken Ramirez (kenr@campbellca.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAJamwww9rDQk_EJsQOWy2fkAC7QSPO2Go
"Reso 4732 - 774 Old Orchard Road" History
Document created by Ken Ramirez (kenr@campbellca.gov)
2025-03-04 - 6:44:44 PM GMT
Document emailed to Rob Eastwood (robe@campbellca.gov) for signature
2025-03-04 - 6:44:49 PM GMT
Document emailed to Matt Kamkar (mkamkar7@gmail.com) for signature
2025-03-04 - 6:44:50 PM GMT
Email viewed by Rob Eastwood (robe@campbellca.gov)
2025-03-04 - 6:53:53 PM GMT
Document e-signed by Rob Eastwood (robe@campbellca.gov)
Signature Date: 2025-03-04 - 6:54:04 PM GMT - Time Source: server
Email viewed by Matt Kamkar (mkamkar7@gmail.com)
2025-03-05 - 6:26:13 AM GMT
Document e-signed by Matt Kamkar (mkamkar7@gmail.com)
Signature Date: 2025-03-05 - 6:27:32 AM GMT - Time Source: server
Agreement completed.
2025-03-05 - 6:27:32 AM GMT