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PD Permit - 2003Geoff Bradley Sr. Planner, Community Development Dept. Jan Hemsley Deputy City Clerk June 20, 2003 From: Date: Subject: Planned Development Permit (PLN 200-174) and Fence Exception (PLN 2003-53) - 41 and 51 Mission Way - Application: Mr. Terry McElroy and Mr. Stephen Guzzetti At the regular meeting of June 17, 2003, the City Council held a public hearing to consider the application of Mr. Terry McElroy and Mr. Stephen Guzzetti for a Planned Development Permit (PLN 2000-174) to allow the construction of two new signle- family residences on two existing lots and a Fence Exception (PLN 2003-53) to allow the construction of a wood entry trellis that is 8 feet, 3 inches tall at 41 Mission Way and a trellis that is 8 feet, 4 inches tall at 51 Mission Way on property located at 41 and 51 Mission Way in a PD Zoning District. Following Council deliberation, the following action was taken: 1. Adopted Resolution No. 10197 approving a Planned Development Permit (PLN 2000-174) to allow the construction of two new single-family residences on two existing lots, incorporating the findings and subject to the conditions of approval; and 2. Adopted Resolution No. 10198 approving a Fence Exception (PLN 2003-53) to allow the construction of a wood entry trellis that is 8 feet, 3 inches tall at 41 Mission Way and a trellis that is 8 feet, 4 inches tall at 51 Mission Way, incorporating the findings and subject to the conditions of approval. Thank you in advance for your continued cooperation in ensuring the City Clerk's Office receives original documents in a timely manner. A certified copy of both Resolutions is attached for your records, together with a copy of the letter written to the applicants in follow up to the City Council's action. June 20, 2003 Mr. Terry McElroy and Mr. Stephen Guzzetti 10 Jackson Street, #203B Los Gatos, CA 95030 Dear Mr. McElroy and Mr. Guzzetti: At the regular meeting of June 17, 2003, the City Council held a public hearing to consider your application for a Planned Development Permit (PLN 2000-174) to allow the construction of two new single-family residences on two existing lots and a Fence Exception (PLN 2003-53) to allow the construction of a wood entry trellis that is 8 feet, 3 inches tall at 41 Mission Way and a trellis that is 8 feet, 4 inches tall at 51 Mission Way on property located at 41 and 51 Mission Way in a Planned Development Zoning District. Following deliberation, the City Council took the following action: 1. Adopted Resolution No. 10197 approving a Planned Development Permit (PLN 2000- 174) to allow the construction of two new single family residence on two existing lots, incorporating the findings and subject to the conditions of approval; and 2. Adopted Resolution No. 10198 approving a Fence Exception (PLN 2003-53) to allow the construction of a wood entry trellis that is 8 feet, 3 inches tall at 41 Mission Way and a trellis that is 8 feet, 4 inches tall at 51 Mission Way, incorporating findings and subject to the conditions of approval. A certified copy of each of the above Resolutions is attached for your records. Continued .. 70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2117 . FAX 408.374.6889 . TDD 408.866.2790 Page 2 Please do not hesitate to contact this office (866-2117) or Geoff Bradley, Sr. Planner, should you have any questions in regard to the City Council's action. S' cerely, . {/Iv~tit~- ( anette Hemsley eputy City Clerk i '- Enc. Cc: Geoff Bradley, Sr. Planner RESOLUTION NO. 10197 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A PLANNED DEVELOPMENT PERMIT (PLN 2000-174) TO ALLOW THE CONSTRUCTION OF TWO NEW SINGLE-FAMILY RESIDENCES ON TWO EXISTING LOTS LOCATED AT 41 AND 51 MISSION WAY IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. APPUCATION OF STEPHEN GUZZEITI AND TERRY MCELROY. FILENO. PLN2000-174. After notification and public hearing, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Citv Council did find as follows with respect to application PLN 2000-174: 1. The development of the proposed project will result in a residential use that is consistent with the General Plan Land Use Designation of Medium Density Residential for the project site. 2. The density of the proposed project is 5.7 units per gross acre for 41 Mission Way and 8.2 units per gross acre for 51 Mission Way, which falls below the maximum permitted density for the site. 3. The proposed project is well designed and is architecturally compatible with the surrounding neighborhood. 4. The proposed project is consistent with the Planned Development Zoning Ordinance. The proposed residences meets the height limitation, building coverage, side, and rear and front setbacks of the R-I-6 (Single-family Residential) Zoning District. 5. The site plans propose the construction of two single-family residences on individual lots. The residence at 41 Mission Way would be 2,202 square feet with a 450 square-foot detached garage, resulting in a building coverage of 27.7% and an FAR of 0.43. The residence proposed at 51 Mission Way consists of 2,029 square feet of living space and a 430 square- foot attached garage, resulting in a building coverage of 36.9% and an FAR of 0.52 6. The proposed residences each have distinctive craftsman style designs and well-articulated features. The designs include simple rectangular shaped forms, simple gabled roof lines, wood window trim, divided double-hung windows, and attractive front porches. The exterior elevations have significant variations with different rooflines, front entry treatments, window styles, and exterior materials and colors. 7. The project qualifies as a Categorically Exempt project per Section 15303(a), Class 3 (New Construction or Conversion of Small Structures) of the California Environmental Quality Act (CEQA). City Council Resolution PLN 2000-174 - 41 & 51 Mission Way - Planned Development Permit Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. The proposed development and uses clearly will result in a more desirable environment and use of the land than would be possible under any other zoning classification. 2. The development and uses will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 3. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 4. The proposed development will not result in allowing more residential units than would be allowed by other residential zoning districts which are consistent with the general plan designation of the property. 5. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. 6. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 7. 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. The applicant is hereby notified, as part of this application, that (s)he is required to meet the following conditions in accordance with the ordinances of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. 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 items under review. Additionally, the applicant is hereby notified that (s)he 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 Planninl! Division: 1. Approved Proiect: Approval is granted approval to construct two single-family residences at 41 & 51 Mission Way. The building and site design shall substantially conform to the project exhibits listed below, except as may be modified by the Conditions of Approval herein: a. Set of architectural plans prepared by Britt Rowe received on May 1, 2003, including building elevations, floor plans and a site plan. b. Set of landscaping plans prepared by David R. Fox and Company received on May 1, 2003, including fencing plans. c. Color elevations and materials board submitted by the applicant on May 1, 2003. City Council Resolution PLN 2000-174 - 41 & 51 Mission Way - Planned Development Permit 2. Landscaping: The applicant shall submit four sets of detailed landscape and irrigation plans prepared by a registered Landscape Architect to the Planning Division, prior to the issuance of building permits, for review and approval by the Community Development Director for compliance with all applicable Conditions of Approval, ordinances, laws and regulations. 3. Parking and Drivewavs: All parking and driveway areas shall be developed in compliance with the approved plans and Chapter 21.50 (Parking and Loading) of the Campbell Municipal Code. The driveway shall consist of bomanite or other decorative paving material. The pavement design shall be reviewed and approved by the Community Development Director prior to issuance of building permits for the project. 4. Fences: All fencing shall comply with Section 21.59.090 of the Campbell Municipal Code unless otherwise approved under a Fence Exception. 5. Propertv Maintenance: The property is to be maintained free of any combustible trash, debris and weeds until the time that actual construction commences. All existing structures shall be secured by having windows boarded up and doors sealed shut, and be demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). 6. On-site lighting: On-site lighting shall be shielded away from adjacent properties and directed on site. 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 prior to installation of the lighting for compliance with all applicable conditions of approval, ordinances, laws and regulations. Lighting fixtures shall be of a decorative design to be compatible with the residential development and shall incorporate energy saving features. 7. Sanitary Sewer: A sanitary sewer system shall be installed to serve 41 & 51 Mission Way in conformance with the standards of the West Valley Sanitation District. 8. Planned Development Permit Expiration: The Planned Development Permit approval shall be valid for a period of one year from the date of final City Council approval. Within this one- year period, a building permit must be obtained and construction completed one year thereafter or the Planned Development Permit shall be void. 9. Contractor Contact Information Posting: 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. 10. Architectural Details: Prior to issuance of building permits, the applicant shall provide details of the building materials including garage doors, window trim, and exterior door schedules. 11. Tree Protection Plan: The applicant shall submit a tree protection plan in accordance with the City's Water Efficient Landscape Guidelines (WELS) and the Tree Preservation Ordinance to indicate how trees to be retained on site will be protected during construction, prior to issuance of building permits. City Council Resolution PLN 2000-174 - 41 & 51 Mission Way - Planned Development Permit 12. Paint Colors: Final color approval shall be subject to field review and approval by the Community Development Director. 13. Mission Wav Improvements: Subject to receiving permission from the applicable property owner of Mission Way, the applicant shall complete the following improvements prior to the issuance of a Certificate of Occupancy for the last dwelling unit. The improvements shall include the following: a. Repair potholes and cracks in the roadway surface to create a smooth asphaultic roadway surface; b. Construction of new ADA compliant driveway approach on South Winchester Blvd; and, c. Relocation, installation, and removal of private and public utilities, as deemed necessary by the Community Development Director and Public Works Director. Building Division: 14. Permits Required: A building permit application shall be required for each proposed new single-family dwelling unit. The building permit shall include Electrical/PlumbinglMechanical fees when such work is part of the permit. 15. Plan Preparation: This project requires plans prepared under the direction and oversight of a California licensed Engineer or Architect. Plans submitted for building permits shall be "wet stamped" and signed by the qualifying professional person. 16. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 17. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. x 36 in. 18. Soils Report: Two copies of a current soils report, prepared to the satisfaction of the Building Official, containing foundation and retaining wall design recommendations shall be submitted with the building permit application. This report shall be prepared by a licensed engineer specializing in soils mechanics. 19. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. Site plan shall also include site drainage details. Basis for determining elevations shall be clearly noted. 20. Foundation Inspections: A pad certificate prepared by a licensed civil engineer or land surveyor shall be submitted to the project building inspector upon foundation inspection. This certificate shall certify compliance with the recommendations as specified in the soils report and the building pad elevation and on-site retaining wall locations and elevations are prepared according to approved plans. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer for the following items: a. pad elevation b. finish floor elevation (first floor) c. foundation corner locations City Council Resolution PLN 2000-174 - 41 & 51 Mission Way - Planned Development Permit 21. Title 24 Energv Compliance: California Title 24 Energy Compliance forms CF-IR and MF- lR shall be blue-lined on the construction plans. Calculations on 8V2 by 11 size paper shall also be submitted. 22. Special Inspections: When a special inspection is required by D.B.C. Section 1701, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permits, in accordance with D.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 23. Water Pollution: The City of Campbell, standard Santa Clara Valley Non-point Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet (size 24" X 36") is available at the Building Division service counter. 24. P.G.& E.: Applicant is advised to contact Pacific Gas and Electric Company as early as possible in the approval process. Service installations, changes and/or relocations may require substantial scheduling time and can cause significant delays in the approval process. Applicant should also consult with P.G. and E. concerning utility easements, distribution pole locations and required conductor clearances. 25. Approvals Reauired: The project requires the following agency approval prior to issuance of the building permit: a. West Valley Sanitation District (378-2407) b. Santa Clara County Fire Department (378-4010) c. School District: i. Campbell Union School District (378-3405) ii. Campbell Union High School District (371-0960) iii. Moreland School District (379-1370) iv. Cambrian School District (377-2103) Note: To Determine your district, contact the offices identified above. Obtain the School District payment form from the City Building Division, after the Division has approved the building permit application. FIRE DEPARTMENT 26. Parking Along Roadwavs: The required width of fire access roadways shall not be obstructed in any manner. Parking shall not be allowed along roadways less than 28 feet in width. 27. Premises Identification: Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background. City Council Resolution PLN 2000-174 - 41 & 51 Mission Way - Planned Development Permit PASSED AND ADOPTED this 17th day of June , 2003, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Watson, Kennedy, Dean, Burr, Furtado None None None \ ATTEST: Ar~ APPROVED: Daniel E. Furt ~ C4.JL 1.........0' ..'''NT f9 A TfWi: rooT~G 'J." .,,"'- tf:{I! fOR ' ~T Cr-lfT1' ;)F THE QRtOtKAL AND CORRI;:" ,. p ,r- ~ ON fiLE IN TlilS O. .'-1- E '"V -Et: CITY CLERK., CITY sT' ^NN ,-' [I. ,. . pBEll. C(,'-'fORNIA. ':j Ll..J "",,~ RESOLUTION NO. 10198 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL GRANTING A FENCE EXCEPTION TO ALLOW THE CONSTRUCTION OF A WOOD ENTRY TRELLIS THAT IS 8 FEET, 3 INCHES TALL AT 41 MISSION WAY AND A TRELLIS THAT IS 8 FEET, 4 INCHES TALL AT 51 MISSION WAY IN A P- D (PLANNED DEVELOPMENT) ZONING DISTRICT. APPUCATION OF STEPHEN GUZZEITI & TERRY MCELROY. FILE NO. PLN 2003-53. After notification and public hearing, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented. the Citv Council did find as follows with respect to application PLN 2003-53: 1. The fence exception at 41 Mission Way consists of an entry trellis that is 8 feet, 3 inches tall. 2. The fence exception at 51 Mission Way consists of an entry trellis that is 8 feet, 4 inches tall. 3. The entry trellises are attractive and are complimentary with the craftsman-style character of the new residences. Because Mission Way does not have a rolled curb or sidewalks, the fences and entry trellises help to delineate the properties from the roadway 4. Letters of consent have been submitted from the property owners on Mission Way. 5. The project qualifies as a Categorically Exempt project per Section 15303(e), Class 3 (New Construction or Conversion of Small Structures) of the Califomia Environmental Quality Act (CEQA). Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. The fence exception does not impair vehicular or pedestrian safety. 2. The fence exception results in a more desirable site layout. 3. The fence exception will not be detrimental to the health, safety, peace, morals, comfort or general welfare of the City. 4. 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. 5. The fence exception will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. The applicant is hereby notified, as part of this application, that (s)he is required to meet the following conditions in accordance with the ordinances of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. 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, City Council Resolution PLN 2003-53 - 41 & 51 Mission Way - Fence Exception ordinances, laws and regulations, and accepted engineering practices, for the items under review. Additionally, the applicant is hereby notified that (s)he 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: CO~TYDEVELOPMENTDEPARTMENT Planning Division: 1. Proiect Approval: Project approval shall substantially comply with the Fencing Plan and Elevations prepared by David R. Fox and Company received by the Planning Division on May 1,2003. A fence exception is granted to allow the construction of a wood entry trellis that is 8 feet, 3 inches tall at 41 Mission Way and a trellis that is 8 feet, 4 inches tall at 51 Mission Way. This approval shall only be valid in conjunction with an approved Planned Development Permit (PLN 2000-174). PASSED AND ADOPTED this 17thdayof June , 2003, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: Watson, Kennedy, Dean, Burr, Furtado COUNCILMEMBERS: None COUNCILMEMBERS: None ~ COUNCILMEMBERS: None APPROVED: iV'f em FQlW3OJf<O lNSTRUV"'NT m A ,..,... AND CORRECT coPY Of THE ORl-GtNAl fILE IN TH18 OPiC:;:. : ANNE EYE.!::':;, CITY CLERK.. em o CAMPBELL. CA~I FOANIA. Urj lliJc- (~ '-- Mayor Furtado referred the comments and requests to staff. Councilmember Dean responded to the speaker's comments and stated that if he noticed problems with traffic signs or signals, he should contact staff direct. PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES 10. Application of Mr. Terry McElroy and Mr. Stephen Guzzetti for a Planned Development Permit (PLN2000-174) to allow the construction of two single-family residences on two existing lots and a Fence Exceptiou (pLN2003-53) to allow the construction of a wood entry trellis that is 8 feet, 4 inches tall on Lot A and a trellis that is 8 feet, 3 inches tall on Lot B on property located at 41 aud 51 Mission Way in a P-D (Planned Development) Zoning District (Resolution/Roll Call Vote) This is the time and place for a public hearing to consider the applications of Mr. Terry McElroy and Mr. Stephen Guzzetti for a Planned Development Permit (LN 2000-174) to allow the construction of two new single-family residences on two existing lots and a Fence Exception (PLN 2003-53) to allow the construction of a wood entry trellis that is 8 feet, 3 inches tall at 41 Mission Way and a trellis that is 8 feet, 4 inches tall at 51 Mission Way on property owned by Mr. Terry McElroy and Mr. Stephen Guzzetti located at 41 and 51 Mission Way in a P-D (Planned Development) Zoning District. Community Development Director Fierro - Staff Report dated June 17, 2003 Mayor Furtado declared the public hearing open and asked if anyone in the audience wished to be heard. Terry McElroy, 123 Loma Alta Avenue, Los Gatos, appeared before the City Council and stated that he was available to answer any questions. There being no one else wishing to speak, Mayor Furtado closed the public hearing. City Council discussion followed during which Councilmembers indicated their support of the project. M/S: Burr/Kennedy - that the City Council adopt Resolution 10197 approving a Planned Development Permit (PLN 2000-174) to allow the construction of two new single-family residences on two existing lots, incorporating the attached findings and subject to the attached conditions of approval; and adopt Resolution 10198 approving a Fence Exception (PLN 2003-53) to allow the construction of a wood entry trellis that is 8 feet, 3 inches tall at 41 Mission Way and a trellis that is 8 feet, 4 inches tall at 51 Mission Way, incorporating the attached findings and subject to the attached conditions of approval. Motion adopted by the following roll call vote: Minutes of 6/17/03 City Council Meeting 6 AYES: Councilmembers: Watson, Kennedy, Dean, Burr, Furtado NOES: Councilmembers: None 11. Ordinance Amending Section 3.34.010 of the Campbell Municipal Code to Clarify the Definition of Transieut (Introduction of Ordinance/Roll Call Vote) This is the time and place for a public hearing to consider an amendment to Subsection 7 of Section 3.34.010 of the Campbell Municipal Code to clarify the definition of "transient" . City Attorney Seligmann - Staff Report dated June 17, 2003. Mayor Furtado declared the public hearing open and asked if anyone in the audience wished to be heard. There being no one wishing to speak, Mayor Furtado closed the public hearing. M/S: Kennedy/Watson - that the City Council introduce Ordinance 2033 amending Subsection 7 of Section 3.34.010 of the Campbell Municipal Code to clarify the definition of "Transient" for first reading. Motion adopted by the following roll call vote: AYES: Councilmembers: Watson, Kennedy, Dean, Burr, Furtado NOES: Councilmembers: None The Deputy City Clerk read the title of Ordinance No. 2033. M/S: Burr/Dean - that further reading of Ordinance 2033 be waived. Motion adopted unanimously. UNFINISHED BUSINESS There were no agendized items. NEW BUSINESS There were no agendized items. COUNCIL COMMITTEE REPORTS 12. City Councilmember Reports . Councilmember Kennedy distributed Summary Notes from the VTA Board of Directors Meeting. Minutes of 6/17/03 City Council Meeting 7 ( III 0/ ( tl/}lJ}ue/l City Council. Report ITEM NO: CATEGORY: MEETING DATE: 10. Public Hearing June 17,2003 TITLE Public Hearing to consider the applications of Mr. Terry McElroy and Mr. Stephen Guzzetti for a Planned Development Permit (PLN 2000-174) to allow the construction of two new single-family residences on two existing lots and a Fence Exception (PLN2003-53) to allow the construction of a wood entry trellis that is 8 feet, 3 inches tall at 41 Mission Way and a trellis that is 8 feet, 4 inches tall at 51 Mission Way on property owned by Mr. Terry McElroy and Mr. Stephen Guzzetti located at 41 & 51 Mission Way in a P-D (Planned Development) Zoning District. CITY COUNCIL ACTION The Planning Commission recommends that the City Council take the following actions: 1. Adopt a Resolution approving a Planned Development Permit (PLN 2000-174) to allow the construction of two new single-family residences on two existing lots, incorporating the attached findings and subject to the attached conditions of approval; and, 2. Adopt a Resolution approving a Fence Exception (PLN2003-53) to allow the construction of a wood entry trellis that is 8 feet, 3 inches tall at 41 Mission Way and a trellis that is 8 feet, 4 inches tall at 51 Mission Way, incorporating the attached findings and subject to the attached conditions of approval. ENVIRONMENTAL DETERMINATION The Planning Commission recommended that the City Council find that this project is categorically exempt under Section 15303 Class 3 of the California Environmental Quality Act, (New Construction or Conversion of Small Structures). BACKGROUND Applicant's Proposal: The applicant is requesting approval of a Planned Development Permit to allow the construction of two new single-family residences on two existing lots and a Fence Exception to allow the construction of a wood entry trellis that is 8 feet, 4 inches tall on Lot A and a trellis that is 8 feet, 3 inches tall on Lot B. The project site is located on the north side of Mission Way, which is a twenty-foot wide private roadway located on the west side of South Winchester Boulevard between Rincon A venue and Cherry Lane. The Planning Commission, at its meeting of May 27, 2003, forwarded a recommendation to the City Council by a 7-0 vote to approve both applications. City Council Report PLN 2000-174 and PLN 2003-53 -41 & 51 Mission Way Planned Development Permit and Fence Exception Page 2 ANALYSIS General Plan Designation: The General Plan land use designation for the project site is Medium Density Residential, which permits residential development with a range of 14 to 20 units per gross acre. The density of the proposed project is 5.7 units per gross acre for 41 Mission Way and 8.2 units per gross acre for 51 Mission Way, which falls below the maximum permitted density for the site. A maximum of two units could be considered at 41 Mission Way and three units at 51 Mission Way at the maximum permitted density. The proposed project complies with the General Plan Land Use Element. Zoning Designation: The zoning designation for the project site is P-D (Planned Development). Under the P-D Zoning Ordinance, a Planned Development Permit must be approved by the City Council to allow construction of the residences. The proposed project would be consistent with the Zoning Code with approval of a Planned Development Permit. Although not required to do so under the Zoning Code, the proposed residences meet the height limitation, building coverage, side, and rear and front setbacks of the R-I-6 (Single-family Residential) Zoning District. Planned Development Permit: The Planned Development Permit would allow the construction of two single-family residences on individual lots. The residence at 41 Mission Way would be 2,202 square feet with a 450 square-foot detached garage, resulting in a building coverage of 27.7% and an FAR of 0.43. The residence proposed at 51 Mission Way consists of 2,029 square feet of living space and a 430 square-foot attached garage, resulting in a building coverage of 36.9% and an FAR of 0.52. The proposed residences each have distinctive craftsman style designs and well-articulated features. The designs include simple rectangular shaped forms, simple gabled rooflines, wood window trim, divided double-hung windows, and attractive front porches. The exterior elevations have significant variations with different rooflines, front entry treatments, window styles, and exterior materials and colors. Fence Exception: The applicant has submitted a fence exception application to allow the construction of wood entry trellises along the front property line that is 8 feet, 3 inches tall at 41 Mission Way and a trellis that is 8 feet, 4 inches tall at 51 Mission Way. The entry trellises are attractive and are complementary with the craftsman-style character of the new residences. Letters of consent have been submitted from the three property owners on Mission Way. In accordance with the findings specified in the fence provisions of the Zoning Ordinance, the Planning Commission found that the requested fence exception would not impair pedestrian or vehicular safety, would result in a more desirable site layout, and would not be detrimental to the neighborhood or City. AL TERNA TIVES 1. Approve the proposed project subject to additional and/or modified Conditions of Approval. 2. Deny the proposed project. 3. Continue for further review. City Council Report PLN 2000-174 and PLN 2003-53 - 41 & 51 Mission Way Planned Development Permit and Fence Exception Page 3 FISCAL IMPACTS None. Attachments: 1. Draft City Council Resolution - Planned Development Permit 2. Draft City Council Resolution - Fence Exception 3. Planning Commission Resolutions and Meeting Minutes 4. Planning Commission Staff Report 5. Project Exhibits Prepared by: -.1JfUug S\"ItCm Darcy Smith, Planner II -~~~ Reviewed by: Approved by: ierro, Community Development Director ~ 0\ . CA1t . "'6' f: <" - '" U r CAMPBELL " ~ , c ~ c" OIICH 1'-1'.'0' ~- 1,.- CITY OF CAMPBELL { . V Community Development Department May 28, 2003 Terry McElroy/Stephen Guzzetti 10 Jackson Street, #203B Los Gatos, CA 95030 Re: PLN2000-174/PLN2003-53- 41 & 51 Mission Way Planned Development Permit & Fence Exception Dear Applicant: Please be advised that at its meeting of May 27, 2003, the Planning Commission took the following actions: 1. Adopted Resolution No. 3495 recommending approval of a Planned Development Permit (PLN2000-174) to allow the construction of two single family residences on two existing lots; and 2. Adopted Resolution No. 3496 recommending approval of a Fence Exception (PLN2003-53) to allow the construction of a wood entry trellis that is 8 feet, 4 inches tall on Lot A and a trellis that is 8 feet, 3 inches tall on Lot B, for the above referenced properties. This project will be reviewed by Council for final approval at its meeting of June 17, 2003. If you have any questions, please do not hesitate to contact me at (408) 866-2140. Sincerel y, D OXt<j ~Mr;fVL Darcy Smith Planner II Cc: Lynn Penoyer, Public Works Frank Mills, Building Chris Veargason, County Fire 70 North First Street CamrhelL California 95008-1436 1TI. 4-08.866.'2140. FAX 408.H71.5140 . TnIl 4-08.H66.2790 RESOLUTION NO. 3495 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A PLANNED DEVELOPMENT PERMIT (pLN2000-174) TO ALLOW THE CONSTRUCTION OF TWO SINGLE FAMILY RESIDENCES ON TWO EXISTING LOTS ON PROPERTY OWNED BY MR. TERRY McELROY AND MR. STEPHEN GUZZEITl LOCATED AT 41 & 51 MISSION WAY IN A P-D (pLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. TERRY McELROY AND MR. STEPHEN GUZZEITI. FILE NO. PLN2000-174. After notification and public hearing, as specified by law, and after presentation by the Community Development Director. proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application PLN2000-174: 1. The development of the proposed project will result in a residential use that is consistent with the General Plan Land Use Designation of Medium Density Residential for the project site. 2. The density of the proposed project is 5.7 units per gross acre for 41 Mission Way and 8.2 units per gross acre for 51 Mission Way, which falls below the maximum permitted density for the site. 3. The proposed project is well designed and is architecturally compatible with the surrounding neighborhood. 4. The proposed project is consistent with the Planned Development Zoning Ordinance. The proposed residences meets the height limitation. building coverage, side, rear and front setbacks, and parking requirements of the R-I-6 (Single-family Residential) Zoning District. 5. The site plans propose the construction of two single-family residences on individual lots. The residence at 41 Mission Way would be 2.202 square feet with a 450 square-foot detached garage, resulting in a building coverage of 27.7% and an FAR of 0.43. The residence proposed at 51 Mission Way consists of 2.029 square feet of living space and a 430 square-foot attached garage, resulting in a building coverage of 36.9% and an FAR of 0.52 6. The proposed residences each have distinctive craftsman style designs and well-articulated features. The designs include simple rectangular shaped forms, simple gabled roof lines, wood window trim, divided double-hung windows. and attractive front porches. The exterior elevations have significant variations with different rooflines, front entry treatments, window styles, and exterior materials and colors. Planning Commission Resol..on No. 3495 PLN2000-174 - 41 & 51 Mission Way- Planned Development Permit Page 2 7. The project qualifies as a Categorically Exempt project per Section 15303(a), Class 3 (New Construction or Conversion of Small Structures) of the Califomia Environmental Quality Act (CEQA). Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed development and uses clearly will result in a more desirable environment and use of the land than would be possible under any other zoning classification. 2. The development and uses will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 3. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 4. The proposed development will not result in allowing more residential units than would be allowed by other residential zoning districts which are consistent with the general plan designation of the property. 5. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. 6. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 7. 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. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval of a Planned Development Permit (pLN2000-174) to allow the construction of two new single- family residences on two existing lots on property owned by Mr. Terry McElroy and Mr. Stephen Guzzetti located at 41 & 51 Mission Way, subject to the following conditions: 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 Commission ResOl~ .on No. 3495 PLN2000-174 - 41 & 51 Mission Way- Planned Development Permit Page 3 CO~TYDEVELOPMENTDEPARTMENT Plannilll~ Division: 1. Approved Proiect: Approval is granted approval to construct two single-family residences at 41 & 51 Mission Way. The building and site design shall substantially conform to the project exhibits listed below, except as may be modified by the Conditions of Approval herein: a. Set of architectural plans prepared by Britt Rowe received on May 1, 2003, including building elevations, floor plans and a site plan. b. Set of landscaping plans prepared by David R. Fox and Company received on May 1, 2003, including fencing plans. c. Color elevations and materials board submitted by the applicant on May I, 2003. 2. Landscaping: The applicant shall submit four sets of detailed landscape and irrigation plans prepared by a registered Landscape Architect to the Planning Division, prior to the issuance of building permits, for review and approval by the Community Development Director for compliance with all applicable Conditions of Approval, ordinances, laws and regulations. 3. Parkin!! and Drivewavs: All parking and driveway areas shall be developed in compliance with the approved plans and Chapter 21.50 (Parking and Loading) of the Campbell Municipal Code. The driveway shall consist of bomanite or other decorative paving material. The pavement design shall be reviewed and approved by the Community Development Director prior to issuance of building permits for the project. 4. Fences: All fencing shall comply with Section 21.59.090 of the Campbell Municipal Code unless otherwise approved under a Fence Exception. 5. Prooertv Maintenance: The property is to be maintained free of any combustible trash, debris and weeds until the time that actual construction commences. All existing structures shall be secured by having windows boarded up and doors sealed shut, and be demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). 6. On-site lighting: On-site lighting shall be shielded away from adjacent properties and directed on site. 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 prior to installation of the lighting for compliance with all applicable. conditions of approval, ordinances, laws and regulations. Lighting fixtures shall be of a decorative design to be compatible with the residential development and shall incorporate energy saving features. Planning Commission Resol.....on No. 3495 PLN2000-174 - 41 & 51 Mission Way- Planned Development Permit Page 4 7. Sanitarv Sewer: A sanitary sewer system shall be installed to serve 41 & 51 Mission Way in conformance with the standards of the West Valley Sanitation District. 8. Planned Development Permit Exoiration: The Planned Development Permit approval shall be valid for a period of one year from the date of final City Council approval. Within this one-year period, a building permit must be obtained and construction completed one year thereafter or the Planned Development Permit shall be void. 9. Contractor Contact Information Posting: 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. 10. Architectural Details: Prior to issuance of building permits, the applicant shall provide details of the building materials including garage doors, window trim, and exterior door schedules. 11. Tree Protection Plan: The applicant shall submit a tree protection plan in accordance with the City's Water Efficient Landscape Guidelines (WELS) and the Tree Preservation Ordinance to indicate how trees to be retained on site will be protected during construction, prior to issuance of building permits. 12. Paint Colors: Final color approval shall be subject to field review and approval by the Community Development Director. 13. Mission Way Improvements: Subject to receiving permission from the applicable property owner of Mission Way, the applicant shall complete the following improvements prior to the issuance of a Certificate of Occupancy for the last dwelling unit. The improvements shall include the following: a. Repair potholes and cracks in the roadway surface to create a smooth asphaultic roadway surface; b. Construction of new ADA compliant driveway approach on South Winchester Blvd; and, c. Relocation, installation, and removal of private and public utilities, as deemed necessary by the Community Development Director and Public Works Director. Building Division: 14. Permits Required: A building permit application shall be required for each proposed new single-family dwelling unit. The building permit shall include ElectricaUPlumbingIMechanical fees when such work is part of the permit. 15. Plan Preparation: This project requires plans prepared under the direction and oversight of a California licensed Engineer or Architect. Plans submitted for building permits shall be "wet stamped" and signed by the qualifying professional person. Planning Commission Resoh...lon No. 3495 PLN2000-174 - 41 & 51 Mission Way- Planned Development Permit Page 5 16. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 17. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. x 36 in. 18. Soils Report: Two copies of a current soils report, prepared to the satisfaction of the Building Official, containing foundation and retaining wall design recommendations shall be submitted with the building permit application. This report shall be prepared by a licensed engineer specializing in soils mechanics. 19. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. Site plan shall also include site drainage details. Basis for determining elevations shall be clearly noted. 20. Foundation Insoections: A pad certificate prepared by a licensed civil engineer or land surveyor shall be submitted to the project building inspector upon foundation inspection. This certificate shall certify compliance with the recommendations as specified in the soils report and the building pad elevation and on-site retaining wall locations and elevations are prepared according to approved plans. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer for the following items: a. pad elevation b. finish floor elevation (first floor) c. foundation corner locations 21. Title 24 Energv Compliance: California Title 24 Energy Compliance forms CF-IR and MF-IR shall be blue-lined on the construction plans. Calculations on gY2 by II size paper shall also be submitted. 22. Soecial Insoections: When a special inspection is required by U.B.C. Section 1701, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permits, in accordance with U.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 23. Water Pollution: The City of Campbell, standard Santa Clara Valley Non-point Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet (size 24" X 36") is available at the Building Division service counter. 24. P.G.& E.: Applicant is advised to contact Pacific Gas and Electric Company as early as possible in the approval process. Service installations, changes and/or relocations may require substantial scheduling time and can cause significant delays in the approval process. Applicant should also consult with P.G. and E. concerning utility easements, distribution pole locations and required conductor clearances. Planning Commission Resolution No. 3495 PLN2000-174 - 41 & 51 Mission Way- Planned Development Permit Page 6 25. Approvals ReQuired: The project requires the following agency approval prior to issuance of the building permit: a. West Valley Sanitation District (378-2407) b. Santa Clara County Fire Department (378-4010) c. School District: i. Campbell Union School District (378-3405) ii. Campbell Union High School District (371-0960) iii. Moreland School District (379-1370) iv. Cambrian School District (377-2103) Note: To Determine your district, contact the offices identified above. Obtain the School District payment form from the City Building Division, after the Division has approved the building permit application. FIRE DEPARTMENT 26. Parking Along Roadwavs: The required width of fire access roadways shall not be obstructed in any manner. Parking shall not be allowed along roadways less than 28 feet in width. 27. Premises Identification: Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background. PASSED AND ADOPTED this 27th day of May, 2003, by the following roll call vote: AYES: Commissioners: Alderete, Doorley, Francois, Gibbons. Hernandez, Jones and Rocha None None None NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: APPROVED: Jose ATTEST: .~~ Sharon Fierro, Secretary RESOLUTION NO. 3496 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A FENCE EXCEPTION (pLN2003-53) TO ALLOW THE CONSTRUCTION OF A WOOD ENTRY TRELUS THAT IS 8 FEET, 4 INCHES TALL ON LOT A AND A TRELUS THAT IS 8 FEET, 3 INCHES TALL ON LOT B ON PROPERTY OWNED BY MR. TERRY McELROY AND MR. STEPHEN GUZZElTI LOCATED AT 41 & 51 MISSION WAY IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. TERRY McELROY AND MR. STEPHEN GUZZEITI. FILE NO. PLN2003-53. After notification and public hearing, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application PLN2003-53: 1. The fence exception at 41 Mission Way consists of an entry trellis that is 8 feet, 3 inches tall. 2. The fence exception at 51 Mission Way consists of an entry trellis that is 8 feet, 4 inches tall. 3. The entry trellis' are attractive and are complimentary with the craftsman-style character of the new residences. Because Mission Way does not have a rolled curb or sidewalks, the fences and entry trellises help to delineate the properties from the roadway. 4. Letters of consent have been submitted from the property owners on Mission Way. 5. The project qualifies as a Categorically Exempt project per Section 15303(e), Class 3 (New Construction or Conversion of Small Structures) of the California Environmental Quality Act (CEQA). Based on the foregoing findings of fact, the Planning Commission further finds and concludes that: I. The fence exception does not impair vehicular or pedestrian safety. 2. The fence exception results in a more desirable site layout. 3. The fence exception will not be detrimental to the health, safety, peace, morals, comfort or general welfare of the City. 4. 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. 5. The fence exception will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. Planning Commission Resolution No. 3496 PLN2003-53 - 41 & 51 Mission Way- Fence Exception Page 2 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval of a Fence Exception (pLN2oo3-53) to allow the construction of a wood entry trellis that is 8 feet, 4 inches tall on Lot A and a trellis that is 8 feet, 3 inches tall on Lot B on property owned by Mr. Terry McElroy and Mr. Stephen Guzzetti located at 41 & 51 Mission Way, subject to the following conditions: 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. Proiect Approval: Project approval shall substantially comply with the Fencing Plan and Elevations prepared by David R. Fox and Company received by the Planning Division on May 1,2003. A Fence Exception is granted to allow the construction of a wood entry trellis that is 8 feet, 3 inches tall at 41 Mission Way and a trellis that is 8 feet, 4 inches tall at 51 Mission Way. This approval shall only be valid in conjunction with an approved Planned Development Permit (PLN 2000-174). PASSED AND ADOPTED this 27th day of May, 2003, by the following roll call vote: AYES: Commissioners: Alderete, Doorley, Francois, Gibbons, Hernandez, Jones and Rocha None None None NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: APPROVED: Joseph r ATTEST ~ ~ " aron Fierro, Secretary Planning Commission Minul~. of May 27, 2003 Page 4 2. PLN2000.174/ PLN2003-53 McElroy/Guzzetti Public Hearing to consider the application of Mr. Terry McElroy and Mr. Stephen Guzzetti for a Planned Development Permit (pLN20oo-174) to allow the construction of two new single-family residences on two existing lots and a Fence Exception (pLN2003- 53) to allow the construction of a wood entry trellis that is 8 feet, 4 inches tall on Lot A and a trellis that is 8 feet, 3 inches tall on Lot B on property owned by Mr. Terry McElroy and Mr. Stephen Guzzetti located at 41 & 51 Mission Way in a P-D (Planned Development) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Tentative City Council Date: June 17, 2003. Project Planner: Darcy Smith, Planner II Ms. Darcy Smith, Planner II, presented the staff report as follows: · Advised that the applicants are seeking approval of a Planned Development Permit to allow the construction of two new single-family residences on two existing lots and a Fence Exception to allow wood trellis entry features. · Described the site as being located on the north side of Mission Way, a 20-foot wide private roadway off of Winchester Boulevard. . Said that a Tentative Parcel Map was approved and a Final Map was recorded in 1999. · Said that the proposed project meets the requirements of the R -1-6 Zoning District, although not required to do so since it is located in a P-D (Planned Development) Zoning District. The homes will use simple forms and the exteriors will incorporate a significant variation of materials and colors. · Informed that the Fence Exception is to allow wood entry trellis features and that letters of consent have been obtained from three property owners on Mission Way. These trellis features will not impair visibility nor be detrimental in any way. · Recommended the adoption of two Resolutions, one Resolution recommending that Council grant a Planned Development Permit and the second Resolution recommending approval of a Fence Exception. Commissioner Doorley presented the Site and Architectural Review Committee report as follows: · SARC reviewed this project on May 15, 2003, and was supportive. · Stated that SARC had directed staff to explore the repaving of Mission Way and the installation of rolled curbs. Chair Hernandez opened the Public Hearing for Agenda Item No.2. Mr. Terry McElroy, Applicant: · Said that he was available for questions. Mr. Steve Gandy, 54 Mission Way, Campbell: · Pointed out that Mission Way is a private street and that there are concerns over the potential for drainage issues and problems with on-street parking. · Added that on-street parking should not be allowed. · Said that with these new sewer connections, the repaving of the road should be considered. Planning Commission Minutes of May 27, 2003 Page 5 · Said that the Condition for the new driveway approach appears to be ambiguous. · Declared his support for the project and said that he was one of the neighbors who signed off to support the Fence Exception request. Chair Hernandez asked staff to follow up on these issues raised by Mr. Gandy. Planner Darcy Smith: · Advised that with the Subdivision Map in 1994, a Condition of Approval for a Grading and Drainage Plan was imposed but deferred. That Condition is now a part of this project. Said that drainage issues can be dealt with in several ways including vegetation and swales. · Said that a private roadway is basically a fire lane. It is up to the owners to mark the road against parking and to police the parking on their own, possibly signing up with a towing company. · Added that this is a civil matter and that the City and its Police Department cannot do anything to enforce the parking issues on a private street. It is a good neighbor thing. · Said that street improvements are usually required with a subdivision. · Advised that a covenant was signed whereby the owners agree to form an Assessment District. Council approves the Assessment District with the support of a majority of the property owners. · Added that the applicant has agreed to fill in potholes and cracks to make the road smooth but that staff did not feel it would be equitable to make them pave the whole road. · Said that under grounding the utilities off-site could be required, if equitable, but that PG&E is too busy to underground them; therefore, the utilities will be underground on-site but not on the street. · Said that while a Condition of Approval says that the driveway must be made ADA compliant, the Public Works Department believes it is already ADA compliant. Chair Hernandez closed the Public Hearing for Agenda Item No.2. Commissioner Alderete: · Warned that in order for cars to be towed, the property owners would have to post signs that refer to the appropriate Code Sections, providing the name and number for the tow company. The curbs should be appropriately marked. · Pointed out that these Fence Exceptions are different from many heard recently. First, they have not yet been built. Secondly, they add to the aesthetics, features and design of the development. · Stated he is very much in favor of these entry trellis features. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Alderete, the Planning Commission took the following action: 1. Adopted Resolution No. 3495 recommending approval of a Planned Development Permit (PLN2000-174) to allow the construction of two new single-family residences on two existing lots located at 41 & 51 Mission Way; and 2. Adopted Resolution No. 3496 recommending approval of a Fence Exception (pLN2003-53) to allow the construction of a wood entry trellis that is 8 feet, 4 inches tall on Lot A and a trellis that is 8 feet, 3 Planning Commission MinuLvo of May 27, 2003 Page 6 inches tall on Lot B, on two existing lots located at 41 & 51 Mission Way 3. Forwarded a recommendation for Council to find this project to be Categorically Exempt under CEQA, by the following roll call vote: AYES: Alderete, Doorley, Francois, Gibbons, Hernandez, Jones and Rocha None None None NOES: ABSENT: ABSTAIN: *** Chair Hernandez read Agenda Item No.3 into the record. 3. PLN2003-41 Olivier, M & S Public Hearing to consider the application of Michael and Cindy Olivier for a Site and Architectural Review Permit (pLN2003-41) to allow the conversion of 645 square feet of attic space to living space and the addition of a 74 square foot stairway at the rear of an existing single-family residence on property owned by Michael and Cindy Oliver located at 540 Budd Avenue in an R-I-8 (Single Family Residential) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission decision final in 10 calendar days, unless appealed in writing to the City Clerk. Project Planner: Darcy Smith, Planner II Ms. Darcy Smith, Planner IT, presented the staff report as follows: · Advised that the applicants are seeking a Site and Architectural Review Permit to allow the conversion of 645 square feet of attic space into living space and the addition of a 74 square foot stairway. · Stated that in 1995 a building permit was obtained to add living space, a new roof and attic area. · Said that the proposed density is below the maximum allowed. · Said that the proposal is consistent with the San Tomas Area Neighborhood Plan. · Informed that in January, the Community Development Director found that a second story addition could have a potentially significant impact on the neighbors, although the 74 square foot stairway would be located at the back of the house connecting the family room to the second floor and no proposed windows would be added to the second floor. · Recommended approval. Chair Hernandez asked about the legal non-conforming status of the property. Planner Darcy Smith advised that in 1995, the owners were allowed to connect an existing garage/shop to the house. The detached garage was already there and was simply allowed to be connected to the house. This was done legally but created a non-conforming setback. CAMPBELL ~ ITEM NO.2 STAFF REPORT - PLANNING COMMISSION MEETING OF MA Y 27, 2003 Public Hearing to consider the applications of Mr. Terry McElroy and Mr. Stephen Guzzetti for a Planned Development Permit (PLN 2000-174) to allow the construction of two new single-family residences on two existing lots and a Fence Exception (PLN2003-53) to allow the construction of a wood entry trellis that is 8 feet, 3 inches tall at 41 Mission Way and a trellis that is 8 feet, 4 inches tall at 51 Mission Way on property owned by Mr. Terry McElroy and Mr. Stephen Guzzetti located at 41 & 51 Mission Way in a P-D (Planned Development) Zoning District. PLN 2000-174 & PLN 2003-53 McElroy, T. and Guzzetti, S. STAFF RECOMMENDATION That the Planning Commission take the following actions: 1. Adopt a Resolution, incorporating the attached findings, recommending that the City Council approve a Planned Development Permit (PLN 2000-174) to allow the construction of two new single-family residences on two existing lots, subject to the attached Conditions of Approval; and, 2. Adopt a Resolution, incorporating the attached findings, recommending that the City Council approve a Fence Exception (PLN2003-53) to allow the construction of a wood entry trellis that is 8 feet, 3 inches tall at 41 Mission Way and a trellis that is 8 feet, 4 inches tall at 51 Mission Way, subject to the attached Conditions of Approval. ENVIRONMENTAL DETERMINATION Staff recommends that the Planning Commission recommend that the City Council finds that this project is categorically exempt under Section 15303 Class 3 of the California Environmental Quality Act, (New Construction or Conversion of Small Structures). PROJECT DATA Category 51 Mission Way- Lot A Gross Lot Area: Net Lot Area: Density: Proposed Residence: First Floor: Porch: Garage: Second Floor: Total Proposed ReQuired/Allowed .12 acres (5,310 sq. ft.) .11 acres (4,720 sq. ft.) 8.2 units/gross acre N/A N/A 14-20 units/gross acre 1,094 sq. ft. 217 sq. ft. 430 sq. ft. 935 sq. ft. 2,676 sq. ft. 200 square ft. min. Staff Report - Planning Commission Meeting of May 27, 2003 PLN 2000-174 & PLN 2003-53 -41 & 51 Mission Way Building Coverage: Floor Area Ratio: Parking Provided: Building Height: 41 Mission Way- Lot B Gross Lot Area: Net Lot Area: Density: Proposed Residence: First Floor: Porch: Second Floor: Detached Garage: Total Building Coverage: Floor Area Ratio: Parking Provided: Building Height: 36.9% (1,741 sq. ft.) .52 2 covered & 2 uncovered 25 ft. .16 acres (6,890 sq. ft.) .14 acres (6,180 sq. ft.) 5.7 units/gross acre 1,160 sq. ft. 99 sq. ft. 1,042 sq. ft. 450 sq. ft. 2,751 sq. ft. 27.7% (1,709 sq. ft.) .43 2 covered & 2 uncovered 26 ft. Page 2 of 4 N/A N/A 2 spaces (1 covered) N/A N/A N/A 14-20 units/gross acre 200 square ft. min. N/A N/A 2 spaces (1 covered) N/A DISCUSSION Applicant's Proposal: The applicant is requesting approval of a Planned Development Permit to allow the construction of two new single-family residences on two existing lots and a Fence Exception to allow the construction of a wood entry trellis that is 8 feet, 4 inches tall on Lot A and a trellis that is 8 feet, 3 inches tall on Lot B. The project site is located on the north side of Mission Way, which is a twenty-foot wide private roadway located on the west side of South Winchester Boulevard between Rincon A venue and Cherry Lane. Background: In May 1994, a Tentative Parcel Map was approved to split an existing lot with two residences into two lots. The Final Parcel Map was recorded in 1999. The lots are currently developed with older single-family residences. ANALYSIS General Plan Designation: The General Plan land use designation for the project site is Medium Density Residential, which permits residential development with a range of 14 to 20 units per gross acre. The density of the proposed project is 5.7 units per gross acre for 41 Mission Way and 8.2 units per gross acre for 51 Mission Way, which falls below the maximum permitted density for the site. A maximum of two units could be considered at 41 Mission Way and three units at 51 Mission Way at the maximum permitted density. The proposed project complies with the following General Plan Land Use Element policies and strategies: Staff Report - Planning Commission Meeting of May 27,2003 PLN 2000-174 & PLN 2003-53 - 41 & 51 Mission Way Page 3 of 4 Policy LUT-5.2: Residential Neighborhoods: Maintain safe, attractive, pedestrian friendly residential neighborhoods with identifiable centers and consistent development patterns and a range of public and private services. Strategy LUT-5.2a: Neighborhood Compatibilitv: Promote new residential development and substantial additions that are designed to maintain and support the existing character and development pattern of the surrounding neighborhood, especially in historic neighborhoods and neighborhoods with consistent design characteristics. Policy LUT-9.3: Design and Planning Compatibilitv: Promote high quality, creative design and site planning that is compatible with surrounding development, public spaces and natural resources. Strategy LUT-9.3e: Building Materials: Encourage the use of long-lasting, high quality building materials on all buildings to ensure the long-term quality of the built environment. Zoning Designation: The zoning designation for the project site is P-D (Planned Development). Under the P-D Zoning Ordinance, a Planned Development Permit must be approved by the City Council to allow construction of the residences. The proposed project would be consistent with the Zoning Code with approval of a Planned Development Permit. The proposed residences meet the height limitation, building coverage, side, rear and front setbacks, and parking requirements of the R-I-6 (Single-family Residential) Zoning District. Site Layout and Architecture: The site plans propose the construction of two single-family residences on individual lots. The residence at 41 Mission Way would be 2,202 square feet with a 450 square-foot detached garage, resulting in a building coverage of 27.7% and an FAR of 0.43. The residence proposed at 51 Mission Way consists of 2,029 square feet of living space and a 430 square-foot attached garage, resulting in a building coverage of 36.9% and an FAR of 0.52. The garages are setback from the front building wall of the homes to de-emphasize the appearance of the garages. Both lots have ample backyard open space areas. The proposed residences each have distinctive craftsman style designs and well-articulated features. The designs include simple rectangular shaped forms, simple gabled roof lines, wood window trim, divided double-hung windows, and attractive front porches. The exterior elevations have significant variations with different rooflines, front entry treatments, window styles, and exterior materials and colors. The residence at 41 Mission Way has round columns, decorative brick wainscoting, and an attractive wood trimmed window box on the front elevation. The entire exterior would be horizontal wood siding with high definition composition roof tiles. The applicant proposes a light beige color for the body and an off white trim color. The residence at 51 Mission Way has a large front porch with tapered wood columns, brick detailing on the edges of the porch, decorative wood brackets, and wood shingle siding on the gable ends. The exterior consists of light brown horizontal wood siding and cream-colored Staff Report - Planning Commission Meeting of May 27, 2003 PLN 2000-174 & PLN 2003-53 -41 & 51 Mission Way Page 4 of 4 stucco. The trim would be a dark sage green color. The roof material consists of high definition composition shingles. Fence Exception: The applicant has submitted a fence exception to allow the construction of a wood entry trellis' along the front property line that is 8 feet, 3 inches tall at 41 Mission Way and a trellis that is 8 feet, 4 inches tall at 51 Mission Way. The remaining fencing on-site will not exceed the maximum permitted height. The entry trellis' are attractive and are complementary with the craftsman-style character of the new residences. Because Mission Way does not have a rolled curb or sidewalks, the fences and entry trellis' help to delineate the properties from the roadway. Letters of consent have been submitted from the three property owners on Mission Way. In accordance with the findings specified in the fence provisions of the Zoning Ordinance, staff finds that the requested fence exception would not impair pedestrian or vehicular safety, would result in a more desirable site layout, and would not be detrimental to the neighborhood or City. Site and Architectural Review Committee: The Site and Architectural Review Committee reviewed this application at its meeting of May 15, 2002. The Committee was supportive of the proposed project and fence exception. They directed staff to explore the issue of requiring the repaving of Mission Way and the installation of a rolled curb. Attachments: 1. Findings for Recommending Approval of File No. PLN 2000-174 (Planned Development Permit) 2. Findings for Recommending Approval of File No. PLN 2003-53 (Fence Exception) 3. Recommended Conditions of Approval for File No. PLN 2000-174 (Planned Development Permit) 4. Recommended Conditions of Approval for File No. PLN 2003-53 (Fence Exception) 5. Exhibits (Site Plan, Floor Plans & Elevations) 6. Applicant's Statement and Development Schedule 7. Letter of Request for Fence Exception 8. Letters of Consent for Fence Exception 9. Location Map Prepared by: ])Ocl\~ S(()~ Darcy Sm h, Planner II Approved b . Attachment #1 FINDINGS FOR RECOMMENDING APPROVAL OF FILE NO. PLN 2000-174 (PLANNED DEVELOPMENT PERMIT) SITE ADDRESS: 41 & 51 Mission Way APPLICANT: Stephen Guzzetti & Terry McElroy DATE: May 27,2003 Pindin~s for Recommending Approval of a Planned Development Permit to allow the construction of two new sin~le-family residences on two existin~ lots at 41 and 51 Mission Way. The Planning Commission finds as follows with regard to Pile No. PLN 2000-174: 1. The development of the proposed project will result in a residential use that is consistent with the General Plan Land Use Designation of Medium Density Residential for the project site. 2. The density of the proposed project is 5.7 units per gross acre for 41 Mission Way and 8.2 units per gross acre for 51 Mission Way, which falls below the maximum permitted density for the site. 3. The proposed project is well designed and is architecturally compatible with the surrounding neighborhood. 4. The proposed project is consistent with the Planned Development Zoning Ordinance. The proposed residences meets the height limitation, building coverage, side, rear and front setbacks, and parking requirements of the R-I-6 (Single-family Residential) Zoning District. 5. The site plans propose the construction of two single-family residences on individual lots. The residence at 41 Mission Way would be 2,202 square feet with a 450 square-foot detached garage, resulting in a building coverage of 27.7% and an FAR of 0.43. The residence proposed at 51 Mission Way consists of 2,029 square feet of living space and a 430 square- foot attached garage, resulting in a building coverage of 36.9% and an FAR of 0.52 6. The proposed residences each have distinctive craftsman style designs and well-articulated features. The designs include simple rectangular shaped forms, simple gabled roof lines, wood window trim, divided double-hung windows, and attractive front porches. The exterior elevations have significant variations with different rooflines, front entry treatments, window styles, and exterior materials and colors. 7. The project qualifies as a Categorically Exempt project per Section 15303(a), Class 3 (New Construction or Conversion of Small Structures) of the Califomia Environmental Quality Act (CEQA). Findings for Recommending Approval- Planning Commission Meetmg of May 27,2003 PLN 2000-174 - 41 & 51 Mission Way Page 2 of 2 Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: I. The proposed development and uses clearly will result in a more desirable environment and use of the land than would be possible under any other zoning classification. 2. The development and uses will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 3. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 4. The proposed development will not result in allowing more residential units than would be allowed by other residential zoning districts which are consistent with the general plan designation of the property. 5. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts ofthe project. 6. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 7. 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. Attachment #2 FINDINGS RECOMMENDING APPROVAL OF FILE NO. PLN 2003-53 (FENCE EXCEPTION) SITE ADDRESS: APPUCANT: DATE: 41 & 51 Mission Way Stephen Guzzetti & Terry McElroy May 27,2003 Findings for Recommending Approval of a Fence Exception to allow the construction of a wood entrv trellis that is 8 feet. 3 inches tall at 41 Mission Wav and a trellis that is 8 feet. 4 inches tall at 51 Mission Wav. Based on the evidence presented, the Planning Commission finds as follows with regard to File No. PLN 2003-53: 1. The fence exception at 41 Mission Way consists of an entry trellis that is 8 feet, 3 inches tall. 2. The fence exception at 51 Mission Way consists of an entry trellis that is 8 feet, 4 inches tall. 3. The entry trellis' are attractive and are complimentary with the craftsman-style character of the new residences. Because Mission Way does not have a rolled curb or sidewalks, the fences and entry trellis' help to delineate the properties from the roadway. 4. Letters of consent have been submitted from the property owners on Mission Way. 5. The project qualifies as a Categorically Exempt project per Section 15303(e), Class 3 (New Construction or Conversion of Small Structures) of the California Environmental Quality Act (CEQA). Based on the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The fence exception does not impair vehicular or pedestrian safety. 2. The fence exception results in a more desirable site layout. 3. The fence exception will not be detrimental to the health, safety, peace, morals, comfort or general welfare of the City. 4. 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. 5. The fence exception will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. Attachment #3 RECOMMENDED CONDITIONS OF APPROVAL FOR FILE NO. PLN 2000-174 (PLANNED DEVELOPMENT PERMIT) SITE ADDRESS: 41 & 51 Mission Way APPUCANT: Stephen Guzzetti & Terry McElroy DATE: May 27, 2003 The applicant is hereby notified, as part of this application, that (s)he is required to meet the following conditions in accordance with the ordinances of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. 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 items under review. Additionally, the applicant is hereby notified that (s)he 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 Proiect: Approval is granted approval to construct two single-family residences at 41 & 51 Mission Way. The building and site design shall substantially conform to the project exhibits listed below, except as may be modified by the Conditions of Approval herein: a. Set of architectural plans prepared by Britt Rowe received on May 1, 2003, including building elevations, floor plans and a site plan. b. Set of landscaping plans prepared by David R. Fox and Company received on May 1, 2003, including fencing plans. c. Color elevations and materials board submitted by the applicant on May 1, 2003. 2. Landscaping: The applicant shall submit four sets of detailed landscape and irrigation plans prepared by a registered Landscape Architect to the Planning Division, prior to the issuance of building permits, for review and approval by the Community Development Director for compliance with all applicable Conditions of Approval, ordinances, laws and regulations. 3. Parking and Driveways: All parking and driveway areas shall be developed in compliance with the approved plans and Chapter 21.50 (Parking and Loading) of the Campbell Municipal Code. The driveway shall consist of bomanite or other decorative. The pavement design shall be reviewed and approved by the Community Development Director prior to issuance of building permits for the project. 4. Fences: All fencing shall comply with Section 21.59.090 of the Campbell Municipal Code unless otherwise approved under a Fence Exception. Recommended Conditions of Approval- Planning Commission Meeung of April 23, 2002 PLN 2000-174 -41 & 51 Mission Way Page 2 of 4 5. Propertv Maintenance: The property is to be maintained free of any combustible trash, debris and weeds until the time that actual construction commences. All existing structures shall be secured by having windows boarded up and doors sealed shut, and be demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). 6. On-site lighting: On-site lighting shall be shielded away from adjacent properties and directed on site. 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 prior to installation of the lighting for compliance with all applicable conditions of approval, ordinances, laws and regulations. Lighting fixtures shall be of a decorative design to be compatible with the residential development and shall incorporate energy saving features. 7. Sanitarv Sewer: A sanitary sewer system shall be installed to serve 41 & 51 Mission Way in conformance with the standards of the West Valley Sanitation District. 8. Planned Development Permit Expiration: The Planned Development Permit approval shall be valid for a period of one year from the date of final City Council approval. Within this one- year period, a building permit must be obtained and construction completed one year thereafter or the Planned Development Permit shall be void. 9. Contractor Contact Information Posting: 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. 10. Architectural Details: Prior to issuance of building permits, the applicant shall provide details of the building materials including garage doors, window trim, and exterior door schedules. 11. Tree Protection Plan: The applicant shall submit a tree protection plan in accordance with the City's Water Efficient Landscape Guidelines (WELS) and the Tree Preservation Ordinance to indicate how trees to be retained on site will be protected during construction, prior to issuance of building permits. 12. Paint Colors: Final color approval shall be subject to field review and approval by the Community Development Director. 13. Mission Wav Improvements: Subject to receiving permission from the applicable property owner of Mission Way, the applicant shall complete the following improvements prior to the issuance of a Certificate of Occupancy for the last dwelling unit. The improvements shall include the following: a. Repair potholes and cracks in the roadway surface to create a smooth asphaultic roadway surface; b. Construction of new ADA compliant driveway approach on South Winchester Blvd; and, Recommended Conditions of Approval- Planning Commission Meeung of April 23, 2002 PLN2000-174-41 &51 Mission Way Page3of4 c. Relocation, installation, and removal of private and public utilities, as deemed necessary by the Community Development Director and Public Works Director. Building Division: 14. Permits Required: A building permit application shall be required for each proposed new single-family dwelling unit. The building permit shall include ElectricallPlumbing/Mechanical fees when such work is part of the permit. 15. Plan Preparation: This project requires plans prepared under the direction and oversight of a California licensed Engineer or Architect. Plans submitted for building permits shall be "wet stamped" and signed by the qualifying professional person. 16. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 17. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. x 36 in. 18. Soils Report: Two copies of a current soils report, prepared to the satisfaction of the Building Official, containing foundation and retaining wall design recommendations shall be submitted with the building permit application. This report shall be prepared by a licensed engineer specializing in soils mechanics. 19. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. Site plan shall also include site drainage details. Basis for determining elevations shall be clearly noted. 20. Foundation Inspections: A pad certificate prepared by a licensed civil engineer or land surveyor shall be submitted to the project building inspector upon foundation inspection. This certificate shall certify compliance with the recommendations as specified in the soils report and the building pad elevation and on-site retaining wall locations and elevations are prepared according to approved plans. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer for the following items: d. pad elevation e. finish floor elevation (first floor) f. foundation comer locations 21. Title 24 Energv Compliance: California Title 24 Energy Compliance forms CF-IR and MF- lR shall be blue-lined on the construction plans. Calculations on 8Y2 by 11 size paper shall also be submitted. 22. Special Inspections: When a special inspection is required by U.B.C. Section 1701, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permits, in accordance Recommended Conditions of Approval - Planning Commission Meellng of April 23, 2002 PLN 2000-174 - 41 & 51 Mission Way Page 4 of 4 with D.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 23. Water Pollution: The City of Campbell, standard Santa Clara Valley Non-point Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet (size 24" X 36") is available at the Building Division service counter. 24. P.G.& E.: Applicant is advised to contact Pacific Gas and Electric Company as early as possible in the approval process. Service installations, changes and/or relocations may require substantial scheduling time and can cause significant delays in the approval process. Applicant should also consult with P.G. and E. concerning utility easements, distribution pole locations and required conductor clearances. 25. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. West Valley Sanitation District (378-2407) b. Santa Clara County Fire Department (378-4010) c. School District: i. Campbell Union School District (378-3405) ii. Campbell Union High School District (371-0960) iii. Moreland School District (379-1370) iv. Cambrian School District (377-2103) Note: To Determine your district. contact the offices identified above. Obtain the School District payment form from the City Building Division, after the Division has approved the building permit application. FIRE DEPARTMENT 26. Parking Along Roadways: The required width of fire access roadways shall not be obstructed in any manner. Parking shall not be allowed along roadways less than 28 feet in width. 27. Premises Identification: Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background. Attachment #4 RECOMMENDED CONDITIONS OF APPROVAL FOR FILE NO. PLN 2003-53 (FENCE EXCEPTION) SITE ADDRESS: 41 & 51 Mission Way APPUCANT: Stephen Guzzetti & Terry McElroy DATE: May 27, 2003 The applicant is hereby notified, as part of this application, that (s)he is required to meet the following conditions in accordance with the ordinances of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. 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 items under review. Additionally, the applicant is hereby notified that (s)he 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. Proiect Approval: Project approval shall substantially comply with the Fencing Plan and Elevations prepared by David R. Fox and Company received by the Planning Division on May I, 2003. A fence exception is granted to allow the construction of a wood entry trellis that is 8 feet, 3 inches tall at 41 Mission Way and a trellis that is 8 feet, 4 inches tall at 51 Mission Way. This approval shall only be valid in conjunction with an approved Planned Development Permit (PLN 2000-174).