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Site & Arch/Tree Permit - 2000CITY OF CAMPBELL Community Development Department - Current Planning October 4, 2000 Ms. Jean LaDuc 1356 Munro Avenue Campbell, CA 95008 Re: Tree Replacement at 1145 S. San Tomas Aquino Road Dear Ms. LaDuc: \..j~c.,-'~ ,' Thank you for your correspondence of September 22, 2000, in which you suggest that an alternative tree species be planted in replacement of an existing Monterey Pine that will soon be removed on the above-referenced property in conjunction with the construction of a new. home on that property. Your recommendation will be taken and another tree species will be utilized. Should you have any questions or comments, do not hesitate to contact me at (408) 866- 2124. Sincerely Geoff I. Bradley Senior Planner cc: Sharon Fierro, Community Development Director 70 North First Street · Campbell, California 95OO8.1423 · TEL 408.866.2140 · F^X 408.866.8381 · TDD 408.866.2790 CITY OF CAMPBELL Community Development Department - Current Planning October 4, 2000 Ms. Mary Heidler 1320 Westmont Avenue Campbell, CA 95008 Re: Tree Replacement at 1145 S. San Tomas Aquino Road Dear Ms. Heidler: Thank you for your correspondence of September 25, 2000, in which you suggest that an alternative tree species be planted in replacement of an existing Monterey Pine that will soon be removed on the above-referenced property in conjunction with the construction of a new home on that property. Your recommendation will be taken and another tree species will be utilized. Should you have any questions or comments, do not hesitate to contact me at (408) 866- 2124. Sincerely GeoffI. Bradley Senior Planner cc: Sharon Fierro, Community Development Director 70 North First Street · Campbell, California 95008.1423 · TEL 408.866.2140 · F^X 408.866.8381 · TDD 408.866.2790 September 25, 2000 To whom it may concern; I am responding to the notice of tree removal at the home on South San Tomas Aquino Road. The tree to be removed, a Monterey Pine, apparently has pitch canker, and will die if not removed. My concern is not of the removal itself, but the consequent demand upon the homeowner by the City of Campbell to replace the pine with another pine. Pitch canker does not go away once the tree is removed. The beetles that carry the disease are common, and simple removal of the tree does not ehminate them; they exist to infect the next pine tree. By requiring the homeowner to replace the pine with another pine, you are inflicting an undue and unreasonable burden on the homeowner, who is destined to remove the second pine eventually. As a homeowner in the area, I would expect the City of Campbell to be more flexible in working with the property owners who reside here. There are other trees that are common and fairly disease resistant that are selected as street trees by the City of Campbell, and regularly planted locally. The Chinese Pistache (Pistacia chinensis), London Plane or Sycamore (Platinus acerifolia, or P. racemosa), Silk Tree (Albizia julibrissin), Liquidambar, Liriodendron tulipifera, Magnolia grandiflom, any of the oaks, like Quercus agfifolia- any of these, and many more would be suitable in our area, and are healthy alternatives to the Monterey Pine. Please consider these alternatives for plantinff, if I were in the shoes'of these homeowners, and indeed I may be, sometime, I would appreciate the flexibility that the City of Campbell should employ when dealing with residents and landowners in this city. Respectfully,, , Mary Heidler 1320 Westmont Ave. Campbell, Ca 95008 RECEIVED SEP 2 5 2000 CITY. CLERK'S OFFICE September 22, 2000 Mr. Tim Haley Associate Planner 70 N. First Street Campbell, CA 95008 Mr. Haley: RI CEIYED SEP 2 2 2ffil I am writing in regards to your File No. PLN 2000-119 - the Monterey Pine tree located at 1145 S. San Tomas Aquino Road. I have no issue with the removal of this tree but would like to suggest another tree species be used for the replacement. If the applicant would like to replace with a pine tree, I would like to suggest Italian Stone Pine (Pinus pinea) or Canary Island Pine (Pinus canariensis). Monterey Pines are under such disease pressure at this time, I feel it is not advisable to replace the tree with the same species. Thank you. Jean LaDuc 1356 Munro Avenue Campbell, CA 95008 CITY OF CAMPBELL Community Development Department Sep. 14,2000 Gary & Tina Chao 10781 Gascoigne Drive Cupertino, CA 95014 RE: Tree Removal Permit (PLN 2000-119) - S. San Tomas Aquino Rd. Dear Mr. Applicant: The Community Development Director has conditionally approved your application for a Tree Removal Permit (PLN 2000-119) to remove one (1) Monterey Pine tree currently located on the left side yard of the above-mentioned property, subject to the following condition: 1. One (1) 36-inch box will be planted in place of the Monterey Pine within 30 days of this letter, per the Tree Protection Ordinance. It is recommended that the tree be removed by persons who are experienced and bonded for the removal of trees and that the stumps be ground out and the roots removed so there will not be re-growth of the pine trees. The Tree Removal Permit has been approved based upon the report submitted by Robert A. Moulden, Certified Arborist that this specimen has been infected with Pine Pitch Canker & as this condition persists other pets such as the California Flathead Borer may become a problem and a site visit that revealed that the tree is not in healthy condition. Staff has determined that the situation cannot be remedied by means other than removal. This approval is final in 10 days, unless an appeal is received in writing at the City of Campbell City Clerk's Office, 70 N. First Street, Campbell, on or before Monday, September 25, 2000. No trees may be removed until after the 10-day appeal period has passed and no appeals have been received within this time period. Should you have any questions regarding the above referenced matter, please do not hesitate to contact me at the Community Development Department at (408) 866-2140. Sincerely, Munawarjit Kaur Planning Intern 70 North First Street . Campbell, California 95008.1423 · TEL 408.866.2140 · F^X 408.866.8381 · TDD 408.866.2790 .o¥'C~z~~ CITY OF CAMPBELL Community Development Department · Current Planning September 14, 2000 NOTICE OF TREE REMOVAL Notice is hereby given that the Community Development Director of the City of Campbell has conditionally approved an application for a Tree Removal Permit (PLN 2000-119) to remove one (1) Monterey Pine tree within the side yard of property located at 1145 S. San Tomas Aquino Rd. in an R-l-9 (Single Family Residential) Zoning District (see map on reverse). Reason for Granting Tree Removal The Tree Removal Permit has been approved based upon the report submitted by Robert A. Moulden, Certified Arborist that this specimen has been infected with Pine Pitch Canker and City's determination that tree is not in healthy condition. Staff has determined that the situation cannot be remedied by means other than removal. Conditions of Approval for Tree Removal The applicant will be required to plant one (1) 36-inch box in place of Monterey Pine within 30 days of final approval date (if no appeals are filed) of the Tree Removal Permit following the appeal period. This approval is final in ten (10) days unless an appeal is received in writing at the City Clerk's Office, 70 N. First Street, Campbell on or before Monday, September 25, 2000. Questions may be addressed to Tim Haley, Associate Planner, in the Community Development Department at (408) 866-2144. PLEASE NOTE: PLANNING COMMISSION CITY OF CAMPBELL SHARON FIERRO SECRETARY When calling about this Notice, please refer to File No. PLN 2000-119 Address: 1145 S. San Tomas Aquino Rd. 70 North First Street · Campbell, California 95OO8.1423 · TEL 408.866.2140 · F^X 408.866.8381 · TDD 408.866.2790 Town & Country Tree Care 19264 Brookview Drive Saratoga, CA 95070, USA The purpose of this report is to analyze and make recommendations about Monterey Pine {Pinups radiata} located at Chao residence as to the health and long-term chances for survival. Summary On August 11, 2000 1 inspected Monterey Pine on left side of Chao residence. This tree is appro)c 30' tall with a diameter of appro)c 34' d.b.h. This tree has been n~stly neglected over the course of its lifetime. There is no evidence of removal of deadwood or supplemental feeding or watedng having been done at any time during the recent life of tree. Further inspection revealed that this specimen has been infected with Pine Pitch Canker as evidenced by exuding of sap on trunks and large branches. Needles are beginning to show signs of Chlorosis due to lack of movement of nutrients through trees vascular system As this condition persists uther pests such as the California Flathead Borer may become a problem even though no evidence was present at this time Conclusion It has been my experience that Monterey Pines in this condition have little or no chance of survival. For this reason I would not in good conscience recommend trying to save this tree. It is therefore my recommendation that tree should be removed promptly to avoid infection of ether pines in neighborhood. Robert A. Moulden Certif'~l Arborist Western Chapter I.S.A fffi532 Main(408)253-8356 * FAX(408)253-8355 * hEp://www, tknberpm, corn* E..mail:tnctr~yahoo. com Town & Country Tree Care 19264 B~ookview Drive Sa~, CA 95070, USA AH AI"IALYSIS Of: THE HEALTH Al'ID STI~UCTUI~E OI= TI~EES TI:)EES I~ECOMMEI"IDED I=O1~ I~EMOVAL AT THE cHAO DI~ODEI~TY !i,45 S. SAI"I THOMAS AOUII"IO I~D. CAMPBELL Prepared at the request of: Gary Chao 1145 S. San Thomas Aquino Rd. Campbell, CA 95008 Site visit by: Robert A. Moulden August 14, 2000 Main(408)2~ · FAX(408)253-8355 · hffp:#www.#rnberpro, com· E-mail:wadealler~,earthlink. net CITY OF CAMPBELL Community Development Department · Current Planning July 19, 2000 Gary Chao 10781 Gascoigne Drive Cupertino, CA 95014 Re: Plan Check BLD2000-778 -1145 S. San Tomas Aquino Rd. Dear Applicant: The Planning Division has reviewed your plan submittal of July 7, 2000, for a residential addition/ remodel on the above-referenced property. The property is located in the San Tomas Neighborhood and is subject to the policies of the San Tomas Area Neighborhood Plan (STANP). The Planning Commission has granted a Site and Architectural Approval to allow the construction of a new single-family residence on the above-referenced property. Based upon a revie~v of this submittal and Planning Commission approval, the following items need to be addressed or submitted: Submittal of a tree protection plan protecting existing tree(s) to be retained and a landscape plan illustrating additional tree per the San Tomas Neighborhood Plan. A residential lot is required to have one tree for 2000 square feet in net lot area. Four trees are required for this lot. Provide typical planning details, tree size and types. Please incorporate the conceptual landscape plan as a part of the Building Division submittal. Enclosed is copy of trees protection plan. If you have any questions, you can contact Planning Division at (408) 866-2140. Sincerely, Munawarjit Kaur Planning Intern 70 North First Street · Campbell, California 95008.1423 · TEL 408.866.2140 - FaX 408.866.8381 · TDD 408.866.27'90 .oF.CA~,~ CITY OF CAMPBELL Community Development Department · Current Planning June 16, 2000 Gary & Tina Chao 10781 Gascoigne Drive Cupertino, CA 95014 Re: PLN2000-67 - 1145 S. San Tomas Aquino Road Dear Applicant: Please be advised that at its meeting of June 13, 2000, the Planning Commission adopted Resolution No. 3285 granting a Site and Architectural Approval to allow the construction of a new single-family residence on the above-referenced property. This approval is effective in ten days, unless appealed in writing to the City Clerk. The time within which judicial review of this decision must be sought is governed by California Code of Civil Procedure, Section 1094.6. If you have any questions, please do not hesitate to contact me at (408) 866-2140. Sincerely, Aki Irani Planner I Jack Chu (Project Designer) 39 West 43~ Avenue San Mateo, CA 95031 70 North First Street · Campbell, California 95OO8.1423 · TEL 408.866.2140 - F^X 408.866.8381 · TDD 408.866.2790 RESOLUTION NO. 3285 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL GRANTING A SITE AND ARCHITECTURAL APPROVAL (PLN2000-67) TO ALLOW THE CONSTRUCTION OF A NEW SINGLE-FAMILY RESIDENCE ON PROPERTY LOCATED AT 1145 S. SAN TOMAS AQUINO ROAD IN AN R-l-9 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT. APPLICATION OF MR. GARY CHAO. FILE NO. PLN2000-67. 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 PLN2000-67: 1. The site of the proposed project is currently occupied with a residence of approximately 1,000 square feet. 2. The proposed project would triple the living area presently available on the project site, increasing the likely occupancy, and the resulting traffic to and from the project site. 3. The neighboring residences are largely underdeveloped; a~d the present project is likely to spur additional development in the neighborhood, increasing traffic fin'ther. The project site does not have frontage on a public street. The project adjoins the nearest public street located over 150 feet from the site by way of a substandard private driveway, crossing neighboring properties. The driveway meets neither standard public street specifications, nor accepted fire access standards for a private driveway in terms of dimensions and improvements, rendering the layout inadequate to serve the needs of the project. 5.- Dedication of five (5) feet of frontage of the project site and execution of an agreement to provide access improvements to City standards would help mitigate the substandard access layout of the project, and would be less onerous on the applicant than having to improve the driveway access as a private driveway to existing standards. 6. The subject property on which the proposed two-story single-family residence is to be constructed is substandard in net lot area (7,624 square feet). 7. The proposed project is consistent with the San Tomas Area Neighborhood Plan (STANP). Planning Commission Res(,_ ..ion No. 3285 PLN2000-67 - 1145 S. San Tomas Aquino Road - Gary Chao Page 2 o The proposed project is consistent with the development standards for an existing non- conforming lot in an R-l-9 (Single Family Residential, 9,000 square foot minimum lot size) zoning district; the proposed project meets the side yard setback, rear yard setback and lot coverage requirements for an R-l-6 zoning district, and front yard setbacks and floor area ratio requirements of an R-l-9 zoning district in the San Tomas Area Neighborhood. 9. The proposed project is well designed and is architecturally compatible with the surrounding neighborhood and with the San Tomas Area. 10. The development of the property will result in a density of 5.4 dwelling units per gross acre and is an existing non-conforming lot of record consistent with the General Plan policies .for development within the area. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. There is a reasonable relationship and rough proportionality between the conditions of approval and the public impacts of the project and private benefits to the applicant. 2. The proposed project is consistent with the policies of the City's General Plan. 3. The proposed project, as conditioned, will aid in the--harmonious development of the immediate area. The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the ordinance 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. 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 1.- Approved Project: Approval is granted for a Site and Architectural Review Permit to allow the construction of a new 2,984 square foot, two-story single-family residence with an attached 446 square foot two-car garage at 1145 S. San Tomas Aquino Road. Project approval shall substantially comply with project plans prepared by Chu Design and Engineer, stamped as received on May 4, 2000, except as modified by the Conditions of Approval herein. Decorative Octagonal Window: Prior to issuance of building permits, the applicant shall be required to modify the decorative octagonal-shaped window above the front entryway by reducing the size of the window and by lowering the window down and centering it between the height of the other windows on the second floor of the front elevation. Planning Commission Reso,~,ion No. 3285 PLN2000-67 - 1145 S. San Tomas Aquino Road - Gary Chao Page 3 o Site and Architectural Approval Expiration: The Site and Architectural Review Permit approval (PLN2000-67) for this project is valid for a period of one (1) year from the Planning Commission approval. All conditions of approval specified herein must be completed within one year from the date of approval, or the permit shall be void. Building Division Requirements: A. PERMITS REQUIRED: A building permit application shall be required for the proposed structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. B. CONSTRUCTION PLANS: The conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. C. SIZE OF PLANS: The maximum size of construction plans submitted for building permits shall be 24 in. × 36 in. Do 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 civil engineer specializing in soils mechanics. Eo 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 a complete site drainage layout with details. F° 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: i. pad elevation ii. finish floor elevation (first floor) iii. foundation comer locations Go TITLE 24 ENERGY COMPLIANCE: California Title 24 Energy Compliance forms CF-IR and MF-1R shall be blue-lined on the construction plans. Compliance forms and calculations shall also be submitted in addition to being blue-lined. 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 with U.B.C Section 106.3.5. Please obtain City of Campbell, Planning Commission Rest,..,don No. 3285 PLN2000-67 - 1145 S. San Tomas Aquino Road - Gary Chao Page 4 Special Inspection forms from the Building Inspection Division Counter. 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. Jo APPROVALS REQUIRED: The project requires the following agency approval prior to issuance of the building permit: 1. West Valley Sanitation District (378-2407) 2. Santa Clara County Fire Department (378-4010) 3. School District: ii) Campbell Union School District (378-3405) iii) Campbell Union High School District (371-0960) iv) Moreland School District (379-1370) v) 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. o Fences: Any newly proposed fencing shall comply with Section 21.59.090 of the Campbell Municipal Code. A fencing plan depicting fencing type and height shall be submitted, prior to the issuance of building permits. Property Maintenance: The property is to be maintained free of any combustible trash, debris and weeds until the time that actual construction commences. Any vacant existing structures shall be secured, by having windows boarded up and doors sealed shut, or be demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). 7. Parking and Driveways: All parking and driveway areas shall be developed in compliance with the standards in Chapter 21.50 of the Campbell Municipal Code. 8.- Tree Protection Plan: Prior to issuance of building permits, the aPplicant shall submit a tree protection plan in accordance with the City's Water Efficient Landscape Guidelines (WELS) and the Tree Protection Ordinance to indicate how the existing tree to be retained on site will be protected during construction. No tree is to be removed from the project site unless a Tree Removal Permit has been granted per the City's Tree Protection Ordinance or the tree is determined to be exempt from the City's Tree Protection Ordinance. Landscaping: The applicant shall be required to provide a minimum of one (1) tree per 2,000 square feet of net lot area of the subject property. Existing tree(s) within the-net lot area of the subject property shall be included in the total. The location, type and size of additional trees to be planted on site in conformance with the San Tomas Area Neighborhood Plan shall be noted on plans to be submitted to the Community Development Department prior to Planning Commission Reso,,,don No. 3285 PLN2000-67 - 1145 S. San Tomas Aquino Road - Gary Chao Page 5 issuance of building permits. The required new trees shall be planted within the net lot area prior to issuance of an occupancy permit for the residence. 10. San Tnmaq Area Nlelghhc~rhcmd Plan' The approved project shall comply with all requirements of the City's San Tomas Area Neighborhood Plan. pIJRI .If' WOI~ l(~q I)~P 3, l~ TMI~,NT 11. Preliminary, Title R?nrt' Prior to issuance of any grading or building permits for the site, the applicant shall provide a current Preliminary Title Report so the access rights can be verified. 12. lrrevneahle C)ffor nf Declleation few Pnhlle Rtroet Pnrpneee' Prior to issuance of any grading or building permits for the site, the applicant shall make a five foot Irrevocable Offer of Dedication of right-of-way for Public Street Purposes along the property frontage. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 13. l[nqecnred Deferred ,qtreet Improvement Agreement' Prior to issuance of any grading, drainage, or building permits for the site, the owner shall execute an unsecured deferred street improvement agreement for construction of standard street improvements. 14. Storm Drain Area Fee' Prior to issuance of any grading or building permits for the site, the applicant shall pay the required Storm Drain Area fee which is $ 367.00. 15. Site Plan- The applicant shall submit a complete and accurate Site Plan in accordance with the Planning Division's checklist. F!_~ v. n~rp a~ I~TMENT 16. No Fire Department conditions of approval. PASSED AND ADOPTED this 13th day of June, 2000, by the following roll call vote: AYES: Commissioners: Francois, Gibbons, Hernandez, Kearns, Lindstrom, Lowe NOES: Commissioners: None ABSENT: Commissioners: Jones ABSTAIN: Commissioners: None APPROVED: Elizabeth Gibbons, Chair ATTEST: Sharon Fierro, Secretary Planning Commission Minutes of June 13, 2000 Page 12 Chairperson Gibbons read Agenda Item No. 3 into the record. 3. PLN2000-67 Chao, G. Public Hearing to consider the application of Mr. Gary Chao for a Site and Architectural Approval (PLN2000-67) to allow the construction of a new single-family residence on property located at 1145 S. San Tomas Aquino Road in an R-l-9 (Single Family Residential) Zoning District. This project is Categorically Exempt. Planning Commission decision final in 10 days, unless appealed in writing to the City Clerk. Ms. Ald Irani, Planner I, presented the staff report as follows: · Advised that revised findings have been distributed this evening for this project. · Said that the project site is located behind the Rolling Hills Shopping Center. · The project site is zoned R-l-9 (Single Family Residential) and includes 7,600 square feet which is legal, non-conforming. · The proposal is consistent with the General Plan. · The applicants propose to construct a 2,984 square foot, two-story single family residence with a 446 square foot, two-car garage. · No trees will be removed and the applicants will plant an additional three trees. · The applicants will be required to participate in future street improvements. · Staffis supportive of this project and recommends approval. Commissioner Lowe asked if there are any Fire Department concerns. Ms. Aki Irani advised that there are no concerns at this time. Chairperson Gibbons added that this is a landlocked parcel with no public road in front of it but rather access by way of an easement. Commissioner Lowe asked if there were other such parcels. Ms. Aki Irani replied that there are six or seven altogether on this street. When the properties are redeveloped, improvements will be installed. Commissioner Lindstrom advised that this applicant will be dedicating 5 feet for the future improvements. Commissioner Lowe asked if this dedication would be setting the standard. Ms. Aki Irani advised that this property is the first to be improved and would be setting the standard for the required dedication. She added that the easement is 30 feet wide at this time but Planning Commission Minutes of June 13, 2000 Page 13 that 20 feet of that width is actually privately owned property of the Rolling Hills Shopping Center. Ms. Sharon Fierro added that nothing is shown on the Tax Assessor's map and that that 20 feet appears to be private property with the fencing inside the property by 20 feet. Added that the public improvements are not been dedicated or improved at this time. When it is improved, it will be with rolled curbs as the San Tomas Area Neighborhood Plan calls for no curbs, gutters and sidewalks for new streets. Commissioner Lindstrom presented the Site and Architectural Review Committee meeting as follows: · This project was reviewed by SARC on May 23, 2000. · Advised that the octagon window was lowered and centered. · SARC is supportive of this project. Chairperson Gibbons opened the Public Hearing for Agenda Item No. 3. Mr. Gary Chao, 1145 S. San Tomas Aquino Road. · Expressed that he was happy to provide a more simple project to the Commission than the preceding two f~om this evening's agenda. · Said that staff did a great job summarizing the project and that he has worked hard with staff and the architectural advisor. Commissioner Lowe asked if Mr. Chao would occupy this home. Mr. Gary Chao replied that he would be occupying the new home along with his family. Chairperson Gibbons closed the Public Hearing for Agenda Item No. 3. Motion: Upon motion of Commissioner Lindstrom, seconded by Commissioner Hernandez, the Planning Commission adopted Resolution No. 3285 granting a Site and Architectural Approval (PLN2000-51) to allow the construction of a new single-family residence on property located at 1145 S. San Tomas Aquino Road, by the following roll call vote: AYES: Francois, Hernandez, Gibbons, Kearns, Lindstrom, Lowe NOES: None ABSENT: Jones ABSTAIN: None Chairperson Gibbons advised that this approval is final unless appealed in writing to the City Clerk within 10 days. Commissioner Lindstrom took a moment to congratulate Commissioner Francois who is the new grandfather to twins. Presented him with a cigar. RESOLUTION NO. 3285 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL GRANTING A SITE AND ARCHITECTURAL APPROVAL (PLN2000-67) TO ALLOW THE CONSTRUCTION OF A NEW SINGLE-FAMILY RESIDENCE ON PROPERTY LOCATED AT 1145 S. SAN TOMAS AQUINO ROAD IN AN R-l-9 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT. APPLICATION OF MR. GARY CHAO. FILE NO. PLN2000-67. 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 PLN2000-67: I. The site of the proposed project is currently occupied with a residence of approximately 1,000 square feet. 2. The proposed project would triple the living area presently available on the project site, increasing the likely occupancy, and the resulting traffic to and from the project site. 3. The neighboring residences are largely underdeveloped; and the present project is likely to spur additional development in the neighborhood, increasing traffic further. The project site does not have frontage on a public street. The project adjoins the nearest public street located over 150 feet from the site by way of a substandard private driveway, crossing neighboring properties. The driveway meets neither standard public street specifications, nor accepted fire access standards for a private driveway in terms of dimensions and improvements, rendering the layout inadequate to serve the needs of the project. Dedication of five (5) feet of frontage of the project site and execution of an agreement to provide access improvements to City standards would help mitigate the substandard access layout of the project, and would be less onerous on the applicant than having to improve the driveway access as a private driveway to existing standards. 6. The subject property on which the proposed two-story single-family residence is to be constructed is substandard in net lot area (7,624 square feet). 7. The proposed project is consistent with the San Tomas Area Neighborhood Plan (STANP). Planning Commission Resolution No. 3285 PLN2000-67 - 1145 S. San Tomas Aquino Road - Gary Chao Page 2 o The proposed project is consistent with the development standards for an existing non- conforming lot in an R-l-9 (Single Family Residential, 9,000 square foot minimum lot size) zoning district; the proposed project meets the side yard setback, rear yard setback and lot coverage requirements for an R-l-6 zoning district, and front yard setbacks and floor area ratio requirements of an R-l-9 zoning district in the San Tomas Area Neighborhood. 9. The proposed project is well designed and is architecturally compatible with the surrounding neighborhood and with the San Tomas Area. 10. The development of the property will result in a density of 5.4 dwelling units per gross acre and is an existing non-conforming lot of record consistent with the General Plan policies for development within the area. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. There is a reasonable relationship and rough proportionality between the conditions of approval and the public impacts of the project and private benefits to the applicant. 2. The proposed project is consistent with the policies of the City's General Plan. 3. The proposed project, as conditioned, will aid in the harmonious development of the immediate area. The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the ordinance 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. 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 1. Approved Proiect: Approval is granted for a Site and Architectural Review Permit to allow the construction of a new 2,984 square foot, two-story single-family residence with an attached 446 square foot two-car garage at 1145 S. San Tomas Aquino Road. Project approval shall substantially comply with project plans prepared by Chu Design and Engineer, stamped as received on May 4, 2000, except as modified by the Conditions of Approval herein. o Decorative Octagonal Window: Prior to issuance of building permits, the applicant shall be required to modify the decorative octagonal-shaped window above the front entryway by reducing the size of the window and by lowering the window down and centering it between the height of the other windows on the second floor of the front elevation. Planning Commission Resolution No. 3285 PLN2000-67 - 1145 S. San Tomas Aquino Road- Gary Chao Page 3 o Site and Architectural Approval Expiration: The Site and Architectural Review Permit approval (PLN2000-67) for this project is valid for a period of one (1) year fi.om the Planning Commission approval. All conditions of approval specified herein must be completed within one year fi.om the date of approval, or the permit shall be void. Building Division Requirements: A. PERMITS REQUIRED: A building permit application shall be required for the proposed structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. B. CONSTRUCTION PLANS: The conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. C. SIZE OF PLANS: The maximum size of construction plans submitted for building permits shall be 24 in. X 36 in. 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 civil engineer specializing in soils mechanics. Eo 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 a complete site drainage layout with details. 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: i. pad elevation ii. finish floor elevation (first floor) iii. foundation comer locations TITLE 24 ENERGY COMPLIANCE: California Title 24 Energy Compliance forms CF-1R and MF-1R shall be blue-lined on the construction plans. Compliance forms and calculations shall also be submitted in addition to being blue-lined. 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 with U.B.C Section 106.3.5. Please obtain City of Campbell, Planning Commission Resomtion No. 3285 PLN2000-67 - 1145 S. San Tomas Aquino Road - Gary Chao Page 4 o Special Inspection forms fi:om the Building Inspection Division Counter. 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. APPROVALS REQUIRED: The project requires the following agency approval prior to issuance of the building permit: 1. West Valley Sanitation District (378-2407) 2. Santa Clara County Fire Department (378-4010) 3. School District: ii) Campbell Union School District (378-3405) iii) Campbell Union High School District (371-0960) iv) Moreland School District (379-1370) v) 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. Fences: Any newly proposed fencing shall comply with Section 21.59.090 of the Campbell Municipal Code. A fencing plan depicting fencing type and height shall be submitted, prior to the issuance of building permits. Property Maintenance: The property is to be maintained free of any combustible trash, debris and weeds until the time that actual construction commences. Any vacant existing structures shall be secured, by having windows boarded up and doors sealed shut, or be demolished or removed fi'om the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). Parking and Driveways: All parking and driveway areas shall be developed in compliance with the standards in Chapter 21.50 of the Campbell Municipal Code. Tree Protection Plan: Prior to issuance of building permits, the applicant shall submit a tree protection plan in accordance with the City's Water Efficient Landscape Guidelines (WELS) and the Tree Protection Ordinance to indicate how the existing tree to be retained on site will be protected during construction. No tree is to be removed from the project site unless a Tree Removal Permit has been granted per the City's Tree Protection Ordinance or the tree is determined to be exempt from the City's Tree Protection Ordinance. Landscaping: The applicant shall be required to provide a minimum of one (1) tree per 2,000 square feet of net lot area of the subject property. Existing tree(s) within the net lot area of the subject property shall be included in the total. The location, type and size of additional trees to be planted on site in conformance with the San Tomas Area Neighborhood Plan shall be noted on plans to be submitted to the Community Development Department prior to Planning Commission Resolution No. 3285 PLN2000-67 - 1145 S. San Tomas Aquino Road - Gary Chao Page 5 issuance of building permits. The required new trees shall be planted within the net lot area prior to issuance of an occupancy permit for the residence. 10. Ran Tnmn~ Area kleighhnrhnnd Plan' The approved project requirements of the City's San Tomas Area Neighborhood Plan. shall comply with all PU_m.!C wORKS 11. Preliminary Tille Report: Prior to issuance of any grading or building permits for the site, the applicant shall provide a current Preliminary Title Report so the access rights can be verified. 12. Irrevneahle OtYer nF Dedleatlnn {'ar Pnhlle..qtr~.et Pllr?nqes. Prior to issuance of any grading or building permits for the site, the applicant shall make a five foot Irrevocable Offer of Dedication of right-of-way for Public Street Purposes along the property frontage. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 13. I ln~eenrecl Deferred Rtreet Improvement Agreement' Prior to issuance of any grading, drainage, or building permits for the site, the owner shall execute an unsecured deferred street improvement agreement for construction of standard street improvements. 14. Rmrm Drain Area l;'ee' Prior to issuance of any grading or building permits for the site, the applicant shall pay the required Storm Drain Area fee which is $ 367.00. 15. Rite Plan, The applicant shall submit a complete and accurate Site Plan in accordance with the Planning Division's checklist. F!R~. DEP4RTMENT 16. No Fire Department conditions of approval. PASSED AND ADOPTED this 13th day of June, 2000, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Francois, Gibbons, Hemandez, Keams, Lindstrom, Lowe None Jones None APPROVED: Elizabeth Gibbons, Chair ATTEST: Sharon Fierro, Secretary ITEM NO. 3 STAFF REPORT - PLANNING COMMISSION MEETING OF JUNE 13, 2000 PLN2000-67 Chao, G. & T. Public Hearing to consider the application of Gary and Tina Chao for a Site and Architectural Review Permit (PLN2000-67) to allow the construction of a new two-story, single-family residence on property located at 1145 S. San Tomas Aquino Road in an R-l-9 (Single-Family Residential, minimum 9,000 square foot lot size) Zoning District. STAFF RECOMMENDATION That the Planning Commission take the following action: Adopt a Resolution, incorporating the attached findings, approving a Site and Architectural Review Permit, to allow construction of a new two-story, single-family residence, subject to the attached conditions of approval. ENVIRONMENTAL DETERMINATION This project is categorically exempt under Section 15303 Class 3 (a) of CEQA pertaining to New Construction of Small Structures; therefore, no environmental action is required. PROJECT DATA Category Proposed Project San Tomas Area Neighborhood Plan (STANP) Gross Lot Area: Net Lot Area: Density: · 18 acres (8,001 square feet) .17 acres (7,624 square feet) (Lot size is non-conforming) 5.4 units/gross acre N/A minimum 9,000 sq. ft. for new lots less than 4.5 units/gross acre Proposed residence Proposed Residence: 1 st Floor: 2nd Floor: Proposed Attached Garage: Proposed Covered Porch: Total Building Area: 1,903.71 square feet 1,080.66 square feet 445.86 square feet 30.69 square feet 3,430.23 square feet N/A N/A N/A N/A 3,430.80 square feet Total Building Coverage: Lot Coverage: Floor Area Ratio: Parking Provided: 2,380.26 square feet 31% .45 4 parking spaces (2 covered/2 uncovered spaces) maximum 2,668.46 square feet 40% maximum (using R-1-6 standards) .45 maximum 2 parking spaces (minimum 1 covered space) Staff Report - Planning Commission Meeting of June 13, 2000 PLN2000-67 - 1145 S. San Tomas Aquino Road Page 2 DISCUSSION Applicant's Proposal: The applicants, Gary and Tina Chao, are requesting approval of a Site and Architectural Review Permit to allow the construction of a new two-story, single-family residence at 1145 S. San Tomas Aquino Road. The subject property, located south of Munro 'Avenue and west of San Tomas Aquino Road (directly behind the currently vacant Rolling Hills Shopping Center on the northwest comer of San Tomas Aquino Road and Hacienda Avenue), is a land-locked parcel that is accessed by a private 10-foot wide ingress and egress driveway easement. The subject property is surrounded by single-family residences to the north, east and west, and by a currently vacant commercial shopping center to the south. Background: The subject property is currently developed with a single-story, single-family residence. The applicant intends to remove the existing residence and construct a new two-story residence with attached garage. ANALYSIS General Plan Designation: The General Plan land use designation for the project site is Low Density Residential (less than 4.5 units per gross acre). The density of the proposed project is 5.4 units per gross acre, which is slightly higher than the density allowance for the site under the General Plan. The reason for the inconsistency in density is that the subject property is an existing non-conforming single-family residential lot of less than 9,000 square feet. The project site is located in the San Tomas Area Neighborhood and is subject to the San Tomas Area Neighborhood Plan (STANP). The policies of the General Plan for the neighborhood are incorporated into the STANP, which include guidelines for developments on non-conforming lots. The proposed development is consistent with the STANP and, therefore, is also consistent with the policies of the General Plan. Zoning Designation: The zoning designation for the project site is R-l-9 (Single-Family Residential, minimum 9,000 square foot lot size). The subject property is an existing non- conforming single-family residential lot of less than 9,000 square feet in net lot area. The project site is located within the San Tomas Area Neighborhood and is subject to the STANP. The STANP provides guidelines for development on non-conforming lots. The proposed project is consistent with the STANP and meets the guidelines for development on non-conforming lots with respect to setbacks, height restrictions, lot coverage, building area, floor area ratio and parking requirements for an existing non-conforming lot size of 7,624 square feet within an R-1- 9 zoning district. Under the STANP, a lot of this size would allow for use of R-l-6 side yard and rear yard setback standards and lot coverage requirements. Site Layout and Unit Design: The proposed project involves the development of a two-story residence with an attached two-car garage. The subject site is land-locked and is accessed by a 10-foot wide ingress and egress driveway easement. The driveway easement is part of a single- family residential property west of the subject site that also relies on the driveway for access onto the street (San Tomas Aquino Road). There are six (6) other properties that also rely on the driveway for access to the street. The width of the driveway access road is thirty (30) feet; ten (10) feet in the access easement and twenty (20) feet of which belongs to the Rolling Hills Staff Report - Planning Commission Meeting of June 13, 2000 PLN2000-67 - 1145 S. San Tomas Aquino Road Page 3 Shopping Center. It is unknown if the residents have any access rights over the shopping center portion of the driveway. The proposed residence has a contemporary style of architecture with hipped roofs, concrete tile roofing and a stucco exterior. Additional architectural features include use of stucco trim around the windows and a decorative octagonal-shaped window above the entryway. The residence will have a 25-foot front yard setback, a 26.5-foot rear yard setback, a 10-foot side yard setback on the west side of the property for the first story (23-foot setback for the second story) and an 11- foot side yard setback on the east side of the property for the first floor (15-foot setback for the second story). The applicant has designed the residence to meet the from yard setbacks for an R- 1-9 zoning district and exceeds the setback and lot coverage requirements for an R-l-6 zoning district (the zoning district in which the project site would be conforming). Staff has reviewed the proposed project and is supportive of the project with the additional recommendation that the decorative octagonal-shaped window above the entryway be reduced in size and be lowered and centered between the height of the other windows on the second floor of the front elevation. Public Works Department Offer of Dedication Requirement: In conjunction with this application, the conditions of approval by the Public Works Department require that the applicant make a five-foot irrevocable offer of dedication of fight-of-way along the property frontage for future public street purposes. Currently, there is no direct public street access from this property and adjacent properties to the west without use of the privately-owned ingress and egress driveway easement. Future plans include the construction of a public street allowing these residences direct accesses to a public street from their properties. The applicants submitted a letter to the Public Works Director, which is included as an attachment to the staff report, stating that they have no objection to the five-foot irrevocable offer of dedication, but are requesting that the City monetarily compensate them for the market value of the land to be dedicated since they were unaware of the possibility of future street improvements along the frontage of their property. Landscaping: The applicant is intending to retain an existing mature cedar tree on the west side of the property, but intends to remove two (2) citrus trees on the property in conjunction with the project. The two (2) citrus trees are not protected by the City's Tree Protection Ordinance. Under the STANP, the applicant will be required to provide a total of four (4) trees on site. STANP requires that all new developments provide a minimum of one (1) tree per 2,000 square feet of net lot area. The applicant's site plan indicates that one (1) tree will be retained on site. A condition of approval has been added that requires the addition of three (3) new trees to be installed on site in conjunction with the STANP. Site and Architectural Review Committee: The Site and Architectural Review Committee reviewed this application at its meeting of May 23, 2000, and expressed support of the application as proposed with the additional recommendation that the decorative octagonal Staff Report - Planning Commission Meeting of June 13, 2000 PLN2000-67 - 1145 S. San Tomas Aquino Road Page 4 window above the front entryway be lowered and centered between the heights of the second story windows on the front elevation. Location Map Attachments: 1. Findings for approval of the Site and Architectural Review Permit 2. Conditions of Approval for the Site and Architectural Review Permit 3. Exhibits 4. Prepared by: Aki R Irani, Planner I Approved by: Sharon Fierro, Community Development Director Attachment #1 REVISED FINDINGS FOR APPROVAL OF FILE NO. PLN2000-67 SITE ADDRESS: 1145 S. San Tomas Aquino Road APPLICANT: Gary and Tina Chao DATE: June 13, 2000 Findings for Approval of a Site and Architectural Review Permit to allow the construction of a new single family residence The Planning Commission finds as follows with regard to File No. PLN2000-67: 1. The site of the proposed project is currently occupied with a residence of approximately 1,000 square feet. 2. The proposed project would triple the living area presently available on the project site, increasing the likely occupancy, and the resulting traffic to and from the project site. 3. The neighboring residences are largely underdevelopec~ and the present project is likely to spur additional development in the neighborhood, increasing traffic further. The project site does not have frontage on a public street. The project adjoins the nearest public street located over 150feet from the site by way of a substandard private driveway, crossing neighboring properties. The driveway meets neither standard public street specifications, nor accepted fire access standards for a private driveway in terms of dimensions and improvements, rendering the layout inadequate to serve the needs of the project. Dedication of five (5)feet of frontage of the project site and execution of an agreement to provide access improvements to City standards would help mitigate the substandard access layout of the project, and would be less onerous on the applicant than having to improve the driveway access as a private driveway to existing standards. 6. The subject property on which the proposed two-story single-family residence is to be constructed is substandard in net lot area (7,624 square feet). 7. The proposed project is consistent with the San Tomas Area Neighborhood Plan (STANP). o The proposed project is consistent with the development standards for an existing non- conforming lot in an R-l-9 (Single Family Residential, 9,000 square foot minimum lot size) zoning district; the proposed project meets the side yard setback, rear yard setback and lot Findings - Planning Commission Meeting of June 13, 2000 PLN2000-67- 1145 S. San Tomas Aquino Road Page 2 coverage requirements for an R-l-6 zoning district, and front yard setbacks and floor area ratio requirements of an R-l-9 zoning district in the San Tomas Area Neighborhood. 9. The proposed project is well designed and is architecturally compatible with the surrounding neighborhood and with the San Tomas Area. 10. The development of the property will result in a density of 5.4 dwelling units per gross acre and is an existing non-conforming lot of record consistent with the General Plan policies for development within the area. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. There is a reasonable relationship and rough proportionality between the conditions of approval and the public impacts of the project and private benefits to the applicant. 2. The proposed project is consistent with the policies of the City's General Plan. 3. The proposed project, as conditioned, will aid in the harmonious development of the immediate area. Attachment #2 CONDITIONS OF APPROVAL FOR FILE NO. PLN2000-67 SITE ADDRESS: 1145 S. San Tomas Aquino Road APPLICANT: Gary and Tina Chao P.C. MEETING: June 13, 2000 The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the ordinances of the City of Campbell and the State of Califomia. The lead department with which the applicant will work is identified on each condition where necessary. 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 1. Approved Project: Approval is granted for a Site and Architectural Review Permit to allow the construction of a new 2,984 square foot, two-story single-family residence with an attached 446 square foot two-car garage at 1145 S. San Tomas Aquino Road. Project approval shall substantially comply with project plans prepared by Chu Design and Engineer, stamped as received on May 4, 2000, except as modified by the Conditions of Approval herein. Decorative Octagonal Window: Prior to issuance of building permits, the applicant shall be required to modify the decorative octagonal-shaped window above the front entryway by reducing the size of the window and by lowering the window down and centering it between the height of the other windows on the second floor of the front elevation. Site and Architectural Approval Expiration: The Site and Architectural Review Permit approval (PLN2000-67) for this project is valid for a period of one (1) year from the Planning Commission approval. All conditions of approval specified herein must be completed within one year from the date of approval, or the permit shall be void. Building Division Requirements: A. PERMITS REQUIRED: A building permit application shall be required for the proposed structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. B. CONSTRUCTION PLANS: The conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. C. SIZE OF PLANS: The maximum size of construction plans submitted for building permits shall be 24 in. X 36 in. D. 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 Conditions of Approval - Planning Commission Meeting of June 13, z000 PLN2000-67 - 1145 S. San Tomas Aquino Road Page 2 be submitted with the building permit application. This report shall be prepared by a licensed civil engineer specializing in soils mechanics. E. 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 a complete site drainage layout with details. F. 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 comer locations G. TITLE 24 ENERGY COMPLIANCE: California Title 24 Energy Compliance forms CF-1R and MF-1R shall be blue-lined on the construction plans. Compliance forms and calculations shall also be submitted in addition to being blue-lined. H. 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 with U.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms fxom the Building Inspection Division Counter. I. 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. J. APPROVALS REQUIRED: The project requires the following agency approval prior to issuance of the building permit: West Valley Sanitation District (378-2407) Santa Clara County Fire Department (378-4010) 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 l~om the City Building Division, after the Division has approved the building permit application. Conditions of Approval - Planning Commission Meeting of June 13, ~000 PLN2000-67 - 1145 S. San Tomas Aquino Road Page 3 Fences: Any newly proposed fencing shall comply with Section 21.59.090 of the Campbell Municipal Code. A fencing plan depicting fencing type and height shall be submitted, prior to the issuance of building permits. Property Maintenance: The property is to be maintained free of any combustible trash, debris. · and weeds until the time that actual construction commences. Any vacant existing structures shall be secured, by having windows boarded up and doors sealed shut, or be demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). 7. Parking and Driveways: All parking and driveway areas shall be developed in compliance with the standards in Chapter 21.50 of the Campbell Municipal Code. Tree Protection Plan: Prior to issuance of building permits, the applicant shall submit a tree protection plan in accordance with the City's Water Efficient Landscape Guidelines (WELS) and the Tree Protection Ordinance to indicate how the existing tree to be retained on site will be protected during construction. No tree is to be removed from the project site unless a Tree Removal Permit has been granted per the City's Tree Protection Ordinance or the tree is determined to be exempt from the City's Tree Protection Ordinance. Landscaping: The applicant shall be required to provide a minimum of one (1) tree per 2,000 square feet of net lot area of the subject property. Existing tree(s) within the net lot area of the subject property shall be included in the total. The location, type and size of additional trees to be planted on site in conformance with the San Tomas Area Neighborhood Plan shall be noted on plans to be submitted to the Community Development Department prior to issuance of building permits. The required new trees shall be planted within the net lot area prior to issuance of an occupancy permit for the residence. 10. San Tomas Area Neighborhood Plan: The approved project shall comply with all requirements of the City's San Tomas Area Neighborhood Plan. PUBLIC WORKS DEPARTMENT 11. Preliminary Title Report: Prior to issuance of any grading or building permits for the site, the applicant shall provide a current Preliminary Title Report so the access rights can be verified. 12. Irrevocable Offer of Dedication for Public Street Purposes: Prior to issuance of any grading or building permits for the site, the applicant shall make a five foot Irrevocable Offer of Dedication of right-of-way for Public Street Purposes along the property frontage. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. Conditions of Approval - Planning Commission Meeting of June 13, z000 PLN2000-67 - 1145 S. San Tomas Aquino Road Page 4 13. Unsecured Deferred Street Improvement Agreement: Prior to issuance of any grading, drainage, or building permits for the site, the owner shall execute an unsecured deferred street improvement agreement for construction of standard street improvements. 14. Storm Drain Area Fee: Prior to issuance of any grading or building permits for the site, the applicant shall pay the required Storm Drain Area fee which is $ 367.00. 15. Site Plan: The applicant shall submit a complete and accurate Site Plan in accordance with the Planning Division's checklist. FIRE DEPARTMENT 16. No Fire Department conditions of approval. O¥. C A~i~. . CITY OF CAMPBELL Community Development Department · Current Planning June 2, 2000 NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning Commission of the City of Campbell has set the time of 7:30 p.m., or shortly thereafter, on Tuesday, June 13, 2000, in the City Hall Council Chambers, 70 North First Street, Campbell, California, for a Public Heating to consider the application of Mr. Gary Chao for a Site and Architectural Approval (PLN2000-67) to allow the construction of a new single-family residence on property located at 1145 S. San Tomas Aquino Road in an R- 1-9 (Single Family Residential) Zoning District. This project is Categorically Exempt. Interested persons may appear and be heard at this hearing. Please be advised that if you challenge the nature of the above project in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this Notice, or in written correspondence delivered to the City of Campbell Planning Commission at, or prior to, the Public Hearing. Questions may be addressed to the Community Development Department at (408) 866-2140. Decisions of the Planning Commission may be appealed to the City Council. Appeals must be submitted to the City Clerk in writing within 10 calendar days of an action by the Commission. In compliance with the Americans with Disabilities Act, listening assistive devices are available for all meetings held in the Council Chambers. If you require accommodation, please contact the Community Development Department at (408) 866-2140, at least one week in advance of the meeting. PLANNING COMMISSION CITY OF CAMPBELL SHARON FIERRO SECRETARY PLEASE NOTE: When calling about this Notice, please refer to File No. PLN2000-67 Address: 1145 S. San Tomas Aquino Road 70 North First Street · Campbell, California 95OO8.1423 - TEL 408.866.2140 · r^X 408.866.8381 · TDD 408.866.2790 CITY OF CAMPBELL Community Development Department May 17, 2000 Re: PLN2000-67 - 1145 S. San Tomas Aquino Road - Gary & Tina Chao Dear Applicants: Please be advised that the above-referenced application has been scheduled for the following meeting(s): Site and Architectural Review Committee Meeting Date: Tuesday, May 23, 2000 Time: 6:30 p.m. Location: Doetsch Conference Room, City Hall, 70 N. First Street, Campbell Planning Commission Meeting Date: Tuesday, June 13, 2000 Time: 7:30 p.m. Location: City Hall Council Chambers, 70 N. First Street, Campbell Should you have any questions or comments, please do not hesitate to contact me at (408) 866- 2140. Sincerely, Aki kani Planner I cc: Gary & Tina Chao (Applicants/Property Owners) 10781 Gascoigne Drive Cupertino, CA 95014 70 North First Street - Campbell, California 95008.1423 · T~L 408.866.2140 - FAX 408.866.8381 - 'mD 408.866.2790 Date: May 4, 2000 REPORT TO: The City of Campbell Community Development Department FROM: Gary & Tina Chao (Applicant) LOCATION: 1145 S. San Thomas Aquino Road Requesting approval to demolish an.existing residence and construct a new single family residence on property zoned R-1-9. PROPERTY OWNER: Gary & Tina Chao APPLICANT: Gary & Tina Chao DATE SUBMITTED: May 4, 2000 A. PROJECT DESCRIPTION: 1. Application Request We are respectfully requesting a Site and Architecture approval to demolish th~ existing house and replace it with a new home in conformance with the City Zoning Code as well as meeting our family's needs. 2. Architecture and Site Currently, there is an existing 1,208.44 square foot house on our 8,000.97 square foot lot. The existing house is dilapidated (interiorly & exteriorly) and poorly maintained by the previous owner. In addition, the existing house has a nonconforming rear yard setback, approximately five (5) feet from the rear property line. Our immediate neighborhood is eclectic in style and theme (e.g. ranch, mediterranean, spanish, and castle). The surrounding house contains various types of materials/finishes (e.g. wood/stucco sidings & shingle/tile roofs). The proposed project is located approximately 190 feet from the public street (San Thomas Aquino Road). Currently we have the right to access, our lot via a privately owned ingress and egress driveway easement that serves four (4) homes. The proposed house will be more than 84 feet from any of the adjoining residence at the rear (north), more than 24 feet from the adjacent residence at the left (west), and more than 77 feet from the adjacent house towards the right (east). The I~roposed house will be 2,984.37 square feet in area (1,903.71 square foot 1st floor, 1,080.66 square foot 2nd floor). In addition, we are proposing a 445.86 square foot two car garage. The proposed application meets all the required setbacks, floor area ratios, lot coverage, and height limitation. 3. Zoninq Requirements From our pre-approval process, the City of Campbell Public Works Department is requesting us to offer an irrevocable five (5) foot dedication for future street improvements. Originally we were subjected to the R-1-8 zoning regulations since the project lot does not meet the minimum 9,000 square feet. The possible dedication offer would cause our lot size to be under the minimum 8,000 square feet required for the R-1-8 zone. According to the San Thomas Aquino Neighborhood Plan and with a confirmation from the Community Development Department, we are only subjected to the R-1-6 zoning regulations due to our non-conforming lot size. Irrespective of the dedication, our Proposed house will meet all the R-1-9 and R-1-6 zoning requirements. The following chart outlines how the project meets the zoning requirements: Letter of Decdption - Page 2 1145 S. San Thomas Aquino Rd. May 4, 2000 Required/ Required/ Proposed Allowed in Allowed in the R-1-9 the R-1-6 zone zone Front Setback (house) ' 20' 20' 25' Side Setback (house) 10' on one 5' min. 11' along the easterly side &'8' property line; 10' along min. on the the westerly property line other side Rear Setback (house) 25' 20' 26'-7" Floor Area Ratio (house) 45% 45% 42.8%; **44.9 Maximum lot Coverage 35 % 40% 29.7%; *'31% Maximum Height (house) 28' feet 28' 26'-6" **With the five (5) dedication deducted. 4. Streetscape There will be minimal visual concerns since the project site is located immediately behind the abandoned Hacienda Shopping Center and a liquor store. In fact, it is almost impossible to see any houses along the private driveway easement from San Thomas Aquino Road. In addition, the houses along the private driveway easement are screened from views due to trees and vegetation (Please refer to the submitted streetscape photo renderings). 5. Pre-approval On March 24, 2000, we submitted our pre-approval application to the City of Campbell Community Development Department for review and approval. After working with staff and the City's architectural advisor, we have made numerous revisions to the designs of the proposed house. The following is a summary of the revisions made to the satisfaction of staff and the architectural advisor: · we have simplified our roof design per staff's direction · the roof designs on top of the bay windows have been revised to match each other per staff's direction · the originally proposed two story arched canopy entry has been completely deleted per staff's direction · the balcony element on top of the front entry has been deleted per staff's direction · the window on top of the front door has been reduced and the design has been revised to a hexagonal shape to accent the entry of the house only per staff's recommendation 6. Trees We are not proposing to remove any protected trees more than 12 inches in diameter. Letter of Decription - Page 3 1145 S. San Thomas Aquino Rd. May 4, 2000 7. Conclusion We feel that proposed house is modest in design/style in that it is very simple and does not attempt to maximize the setbacks, maximum height, and square footage allowed. The proposal will mitigate the existing nonconforming rear yard setback, beautify the dilapidated site, and meet our family's needs. We believe that our proposal will complement and improve our neighborhood. Thank you for your consideration. ~""G~j~&-Tina ~hao, Owner/Applicant GC:TC N:\DEV~GARY~vllSC\1145STQ.DFT Gary & Tina Chao 10781 Gascoigne Drive Cupertino, CA 95014 · 5-2-2000 Robert Kass Public Works Director 70 North First Street Campbell, CA 95008-1423 RE: Pre-Approval to demolish the existing house and construct a new single family home on at 1145 S. San Thomas Aquino Road (PRE 2000-00027) Dear Mr. Kass, On March 24, 2000 we submitted our pre-approval application to the City for review. We received comments and preliminary conditions of approval On April 17, 2000 from the Public Works Department. Two conditions from the Public Works Department came to us as a surprise and concern us. According to a memorandum from the City of Campbell' Public Works Department dated April 17, 2000 (Attachment 1), conditions 2 & 3 require us to offer a five foot irrevocable dedication to the City for a future public street and execute an unsecured deferred street improvement agreement for construction of standard .street improvements. We would like to request to see a copy of the approved planlines for this future public street or any plans (General or Specific Plans) that specifies that the current privately owned ingress and egress driveway easement which our property fronts will be improved into a public street. We were given various zoning regulations including the San Thomas Area Neighborhood Plan at the Community Development Department before we purchased this property in March. The possibility of having to dedicate our land and paying the cost of street improvements were not disclosed to us during our research or in any of the information provided at the Community Development Department. Our driveway (privately owned ingress and egress easement) were not identified for.any street improvements under the Transportation Element in the San Thomas Public · Improvement Plan. We proceeded with our offer of this property with that understanding. Had we known that there is a possibility of a land'dedication or street improvement costs we would have revised our purchasing price. We have no objections in offering a five foot irrevocable dedication to the City However, we request that the City of Campbell compensate us the market value of the land taken and absolve us from any street improvement costs. ~h-~oSincerely' Attachment CC: Sharon Fierro, Director of Community Development Department 3-23-2000 City of Campbell Planning Department 70 North First Street Campbell, CA 95008-1423 RE: Pre-Approval for a new home at 1145 S. San Thomas Aquino Road. Dear Ladies & Gentlemen, We are respectfully requesting a 'pre-approval' review to built a new home at 1145 S. San Thomas Aquino Road. Currently, there is an existing 1,208.44 square foot house on our lot. The existing house is dilapidated (interiorly & exteriorly).and has a non- conforming rear yard setback, approximately five (5) feet from the rear property line. We are requesting approval to demolish the existing house and replace it with a new home in conformance with the City Zoning Code as well as meeting our family's needs. We were recently married and would like to start a family in Campbell. In addition, our parents are also planning to live with us. Our immediate neighborhood is eclectic in style and theme (e.g., ranch, Mediterranean, Spanish, and castle). The surrounding neighboring houses contains various types of materials/finishes (e.g., wood/stucco sidings & shingle/tile roofs). In addition, there is an abandoned shopping center and a liquor store immediately in front of our house. We feel that our design will complement and further improve our neighborhood. Thank you for your time and consideration. Sincerely, Gary and Tina Chao N:\DEV~GARY\MISC\LETTER.DRF