PC Res 2025-04RESOLUTION NO. 2025-04
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A SITE AND ARCHITECTURAL
REVIEW PERMIT AND TREE REMOVAL PERMIT (PLN-2023-172) TO
ALLOW CONSTRUCTION OF A NEW APPROXIMATELY 4,240
SQUARE FOOT TWO-STORY SINGLE-FAMILY RESIDENCE AND
REMOVAL OF ONE (1) COAST LIVE OAK TREE ON PROPERTY
LOCATED AT 1440 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-2023-172:
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 vacant flag lot that was created by a previously approved
tentative parcel map (PLN2016-66), approved on May 24, 2016. The tentative parcel
map approved a lot split from 1 lot to 2 lots.
4. The project site is an approximately 12,981 square foot single-family property parcel
located at the southside of Westmont Avenue, between Crockett Avenue and Harriet
Avenue.
5. The project includes the construction of a new approximately 4,240 square foot two-
story single-family house and removal of one protected (1) coast live oak tree on a
vacant parcel.
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 0.33 (a maximum of
0.45 FAR is allowed), and a lot coverage of 22% (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’-6” (a maximum of 28’ and 2 ½ stories is allowed), a front setback
of 20’-0” (20’ is required), a first floor side setback of 30’-0”
and 18’-0” (when 8’-0” and 10’-6” are required), a second floor side setback of 30-0”
and 18’-0” (when 13’-3”, and 14’-2” are required) and a rear setback of 25’-6” (where
25-feet is required).
Planning Commission Resolution No. 4731 Page 2 of 3
PLN-2023-172 ~ 1440 Westmont Avenue – Site and Architectural Review Permit and
Tree Removal 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. The tree proposed for removal is a coast live oak tree measuring approximately
diameter of 16 inches. Based on the arborist letter submitted to the city (dated April
5, 2024), the coast live oak tree is in poor condition and has had heavy bleeding on
the truck near the base of the tree and higher on the crown of the tree. Another
assessment was completed in December 2023 and the condition of the tree has not
improved and decay has progressed, particularly at the base of the tree.
12. Due to the declining health of the tree, the project satisfies the finding supporting the
basis of the removal.
13. The proposed project is proposing to retain a number of trees and the project
satisfies the minimum of 8 required trees as stipulated in the San Tomas Area
Neighborhood Plan.
14. The proposed project is consistent with the Considerations in Review of Applications
(CMC Section 21.42.040) for Site and Architectural Review.
15. 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:
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 the applicable adopted design guidelines, development
agreement, overlay district, area plan, neighborhood plan, and specific plan(s);
Planning Commission Resolution No. 4731 Page 3 of 3
PLN-2023-172 ~ 1440 Westmont Avenue – Site and Architectural Review Permit and
Tree Removal Permit
Tree Removal Permit Findings (CMC Sec. 21.32.080.A):
1. Diseased or danger of falling. The tree or trees are diseased or presents a danger of
falling that cannot be controlled or remedied through reasonable preservation and/or
preventative procedures and practices such that the public health or safety requires
its removal.
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 approves a Site and
Architectural Review Permit and Tree Removal Permit (PLN-2023-172) to allow
construction of a new approximately 4,240 square foot two-story single-family residence
and removal of one (1) coast live oak tree on property located at 1440 Westmont
Avenue, subject to the attached Conditions of Approval (attached Exhibit “A”).
PASSED AND ADOPTED this 25th of February, 2025, by the following roll call vote:
AYES: Commissioners: Kamkar, Fields, Krey, Ostrowski, Majewski, Zisser,
Buchbinder
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
APPROVED:
Matt Kamkar, Chair
ATTEST:
Rob Eastwood, Secretary
Matt Kamkar (Apr 30, 2025 16:15 PDT)
CONDITIONS OF APPROVAL
SITE AND ARCHITECTURAL REVIEW & TREE REMOVAL PERMIT (PLN-2023-172)
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
and Tree Removal Permit (PLN-2023-172) to allow construction of a new
approximately 4,240 square foot two-story single-family residence and removal of
one (1) coast live oak tree, on property located at 1440 Westmont Avenue. The
project shall substantially conform to the Project Plans, included as Attachment B in
the Planning Commission Staff Report dated February 25, 2025, except as may be
modified by conditions of approval contained herein.
2. Permit Expiration: The Site and Architectural Review Permit and Tree Removal
Permit approved herein ("Approval") shall be valid for one (1) year from the effective
date of Planning Commission approval (expiring March 7, 2026). 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. 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.
Exhibit A - Conditions of Approval Page 2 of 7
PLN-2023-172 ~ 1440 Westmont Avenue – Site and Architectural Review Permit & Tree
Removal Permit
5. 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.
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. 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).
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
Exhibit A - Conditions of Approval Page 3 of 7
PLN-2023-172 ~ 1440 Westmont Avenue – Site and Architectural Review Permit & Tree
Removal Permit
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.
8. 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.
9. 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.
Exhibit A - Conditions of Approval Page 4 of 7
PLN-2023-172 ~ 1440 Westmont Avenue – Site and Architectural Review Permit & Tree
Removal Permit
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.
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.
10. 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:
11. 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.
12. Conditions of Approval: The Conditions of Approval shall be stated in full on the
cover sheet of construction plans submitted for building permit.
13. 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.
14. 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
Exhibit A - Conditions of Approval Page 5 of 7
PLN-2023-172 ~ 1440 Westmont Avenue – Site and Architectural Review Permit & Tree
Removal Permit
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.
15. 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
16. Frontage Improvements: The scope of this project triggers the requirement for
Frontage Improvements as required by Campbell Municipal Code 11.24.040. The
San Tomas Area Neighborhood Plan designates this section of Westmont Avenue to
require full improvements with curb, gutter and sidewalk.
17. Plans / Encroachment Permit / Fees / Deposits: The project frontage has existing
curb, gutter, sidewalk and driveway. If any of these frontage improvements get
damaged during construction of the new house, the applicant will be required to
obtain an encroachment permit, pay fees and surety for the re-construction of the
standard public street improvements. The reconstruction shall be completed prior to
Building permit final and/or issuance of occupancy.
18. 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. 75% of the in-lieu fee in the amount of $13,613.25 has
been paid with the parcel map. The remaining 25% of the in-lieu fee in the amount of
$4,537.75 is due prior to Building permit final and/or issuance of occupancy.
19. 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.
20. Water Meter(s) and Sewer Cleanout(s): Proposed water meter(s) and sewer
cleanout(s) shall be installed on private property behind the public right-of-way line.
21. 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
Exhibit A - Conditions of Approval Page 6 of 7
PLN-2023-172 ~ 1440 Westmont Avenue – Site and Architectural Review Permit & Tree
Removal Permit
22. Fire Apparatus Access Driveway Required: An access driveway shall be provided
having an all-weather surface of either asphalt, concrete or other engineered surface
capable of supporting 75,000 pounds and approved by a civil engineer. It shall have
a minimum unobstructed width of 12 feet, vertical clearance of 13 feet 6 inches,
minimum turning radius of 50 feet outside, and a maximum slope of 15%.
Installations shall conform to Fire Department Standard Details and Specifications
sheet D-1. AMMR approved to mitigate non-conforming turning radii. The following
changes shall be made to the building permit plan set: (1) The AMMR application
needs to be printed or transferred onto the building permit plan set. (2) The AMMR
comment letter needs to be printed or transferred onto the building permit plan set.
(3) Make a note on the plans that a modified sprinkler system will be installed as a
deferred submittal.
23. Required Fire Flow: The minimum required fire flow for this project is 875 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.
24. Fire Department Turnaround Required: Dead-end fire apparatus access roads in
excess of 150 feet in length shall be provided with an approved area for turning
around fire apparatus. Provide an approved fire department engine driveway
turnaround with a minimum radius of 40 feet outside and 20 feet inside. Maximum
grade in any direction shall be 5%. Installations shall conform with Fire Department
Standard Details and Specifications D-1. [CFC Section 503.2.5]. -Turnaround B
shown on sheet A-1. Turnaround shall remain unobstructed. -Fire Department
Turnaround sign to be installed at start of driveway.
25. Fire Sprinklers Required: An automatic residential fire sprinkler system shall be
installed in all new one- and two-family dwellings. -Noted on sheet A-1.
26. Emergency Gate / Access gate Requirements: Gate installations shall conform with
Fire Department Standards Details and Specifications D-1 and, when open shall not
obstruct any portion of the required width of 12' for emergency access roadways or
driveways. Locks, if provided, shall be free department approved prior to installation.
Gates across the emergency access roadways shall be equipped with an approved
access devices. If the gates are operated electrically, and approved Knox key switch
shall be installed; if they are operated manually, then an approved Knox padlock
shall be installed. CFC Sec. 503.6 and 506. -Knox switch to be provided and noted
on sheet A-1.
27. 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.
28. 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
Exhibit A - Conditions of Approval Page 7 of 7
PLN-2023-172 ~ 1440 Westmont Avenue – Site and Architectural Review Permit & Tree
Removal Permit
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.
29. 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. 2022 CFC Sec. 903.3.5 and Health and Safety Code 13114.7.
Reso No 2025-04 - 1440 Westmont Ave
Final Audit Report 2025-04-30
Created:2025-04-29
By:Ken Ramirez (kenr@campbellca.gov)
Status:Signed
Transaction ID:CBJCHBCAABAATzY-cAD2WyPW1C33LbELMIIG3FlQYcl_
"Reso No 2025-04 - 1440 Westmont Ave" History
Document created by Ken Ramirez (kenr@campbellca.gov)
2025-04-29 - 11:38:14 PM GMT
Document emailed to Matt Kamkar (mkamkar7@gmail.com) for signature
2025-04-29 - 11:38:18 PM GMT
Document emailed to Rob Eastwood (robe@campbellca.gov) for signature
2025-04-29 - 11:38:18 PM GMT
Email viewed by Rob Eastwood (robe@campbellca.gov)
2025-04-30 - 9:43:15 PM GMT
Document e-signed by Rob Eastwood (robe@campbellca.gov)
Signature Date: 2025-04-30 - 9:43:25 PM GMT - Time Source: server
Email viewed by Matt Kamkar (mkamkar7@gmail.com)
2025-04-30 - 11:14:47 PM GMT
Document e-signed by Matt Kamkar (mkamkar7@gmail.com)
Signature Date: 2025-04-30 - 11:15:19 PM GMT - Time Source: server
Agreement completed.
2025-04-30 - 11:15:19 PM GMT