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Site & Arch - 2004MEMORANDUM To: File Date: January 27, 2006 From: Tim J. Haley Subject: Parking! Landscape Issue- 1360 Harriet Avenue Received a call this date from adjacent neighbor Suzanne Birchner 650 575-5953 regarding the installation of a parking space adjacent to the secondary living unit. I spoke to Jacob wherein he indicated that he was installing an area of turf block to protect a pathway to the secondary living unit. I explained that this area was shown as landscaping and was not to be paved for parking purposes. He indicated that it was turf. April 26, 2005 Mr. Jacob Saidian 2933 Benjamin Court San Jose, CA 95124 Re: Building Permit No: BLD2005-506 1360 Harriet Avenue Dear Mr. Saidian: The Planning Division has reviewed your plan submittal for a new single-family home located at the above referenced address. Per Planning Commission Resolution No. 3628 (Site & Architectural Review Permit) the following conditions of approval/issues need to be addressed prior to the issuance of a building permit: 1. 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. 2. Prominence of Garage Door: The applicant shall provide decorative car garage doors to reduce the scale of the garage doors due to its prominence on the front elevation. The door design shall be reviewed and approved by the Community Development Director prior to the issuance of building permits. 3. Deed Restriction: The applicant shall record a deed restriction that stipulates that not more than one dwelling unit on the parcel shall be rented or leased and that one of the dwelling units shall be owner occupied at all times. 4. Roof Venting: The applicant shall coordinate mechanical and equipment improvement plans to minimize the number of roof vents that are visible from the street frontage. The applicant shall submit detailed mechanical plans demonstrating the clustering of mechanical venting and the routing of ventilation systems within the building when possible to the satisfaction of the Community Development Director, prior to the issuance of building permits. 5. Fences: Any existing or new fencing shall comply with Section 21.18.060 of the Campbell Municipal Code. Fencing along the property lines shall be replaced with a new fence at the expense of the applicant, unless it is determined to be in good condition by the Community Development Director. 70 North First Street. Campbell, California 95008-1436 . TEL 408.866.2140 . FAX 408.871.5140 . TOO 408.866.2790 Building Permit No: BL:U~Ll05-506 1360 Harriet Ave. Page 2 of2 6. 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. 7. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 8. Water Meter(s) and Sewer Cleanout(s): Water meter(s) and sewer cleanout(s) shall be installed on or relocated to private property behind the public right-of-way line. 9. Utilities: All new on-site utilities shall be installed underground per Section 21.18.140 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility compames. 10. Secondary Living Unit: No plans for the remodel of the secondary living unit are provided in this submittal. Please provide revised elevations and floor plan. Thank you for the opportunity to review these plans. If you should have any questions regarding these comments or the requested information, please feel free to contact me at (408) 866-2144 or by email attimh@citvofcampbell.com. Sincerely, Tim J. Haley Associate Planner cc: Frank Mills, Senior Building Inspector GeoffBradley, Senior Planner Lou Dorcich, Architect, P.O. Box 1149, Soquel, CA 95073 J:\Plan Check Letters\BLD2005-435--1642 Walters Avenue.doc .Of'c."<1t 4, .o~ !.. (to ... r" U r" .... -So", 'O.tCHAtlt> March 24,2005 CITY OF CAMPBELL City Clerk's Office Jacob Saidian Advanced Development 2933 Benjamin Court San Jose, CA 95124 Dear Mr. Saidian: At its regular meeting of March 21, 2005, the Campbell City Council considered your Appeal of certain Conditions of Approval regarding the Planning Commission approval of your application for a Site and Architectural Review Permit (PLN2004-181) to allow the construction of a new single-family residence on property located at 1360 Harriet Avenue Avenue in an R-I-9 (Single Family Residential) Zoning District. After due consideration and discussion, the City Council adopted Resolution 10472 denying an appeal and upholding the Planning Commission approval and Conditions of Approval (PLN2004-181) approving a Site and Architectural Review Permit to allow the construction of a new residence. A certified copy of Resolution 10472 is enclosed for your record. Please be aware that the time within judicial review of this action must be sought is governed by Section 1094.6 of the California Code of Civil Procedure, unless another statute (such as California Government Code Section 65009 or some other applicable provision by law) sets forth a more specific time period. Should you have any questions regarding the City Council's action, please do not hesitate to contact this office at 866-2117 or the Community Development Department at 866-2140. Sincerely, &~ City Clerk cc: Community Development Department Michelle Quinney, City Engineer 70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2117 . FAX 408.374.6889 . TOO 408.866.2790 RESOLUTION NO. 10473 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL DENYING AN APPEAL AND UPHOLDING THE PUBLIC WORKS CONDITION OF APPROVAL NO. 27 ADPTED BY THE PLANNING COMMISSION RESOLUTION NO. 3627 FOR A SITE AND ARCHITECTURAL REVIEW PERMIT (pLN2004-181) TO ALLOW THE CONSTRUCTION OF A NEW SINGLE-FAMILY RESIDENCE ON PROPERTY OWNED BY MR. JACOB SAIDIAN LOCATED AT 1642 WALTERS AVENUE IN AN R-I-9 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT. APPEAL OF MR. JACOB SAIDIAN. FILE NO. PLN2004-181. 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 City Council did find as follows with respect to application PLN2004-181: 1. The density of the proposed project site is 6.2 per gross acre. The project is an existing lot of record and is substandard in area and consequently is consistent with the General Plan land use designation of Low Density Residential (less than 4.5 units per gross acre.) No change in residential density is proposed with this project. 2. The proposed project is consistent with the R-I-9 (Single-Family Residential, 9,000 square foot minimum) Zoning District for a substandard lot size and meets the minimum setbacks, height restriction, building coverage, floor area ratio, and parking requirements of the R-I-6 Zoning District as a substandard lot. 3. The project is consistent with the development standards and design guidelines of the San Tomas Area Neighborhood Plan. 4. The project consists of a 4,123 square foot residence (including a 1,355 square foot basement, 1,375 sq. ft. first floor, an 891 second floor, a 414 square foot garage, an 88 square foot porch) with a building coverage of 31.8% and Floor Area Ratio of 45%. A nine- foot setback is provided from the eastern side property line and a five foot setback is provided from the western side property line. A twenty foot setback is provided. from the front and a thirty-one foot setback is provided to the rear property lines. 5. The project provides two covered and two uncovered parking spaces for the proposed residence thus satisfying the parking requirements of two parking spaces per unit. 6. The proposed project is well designed and is architecturally compatible with the surrounding neighborhood. ~ City Council Resolution PLN2004-181-1642 Walters Avenue Denying an Appeal and Upholding Condition No. 27 of Planning Commission Resolution No. 3627 Page 2 7. The proposed new residence incorporate representative architectural features of homes in the San Tomas Neighborhood including hipped and gable forms, a two-car garage, composition roofing, and stucco siding. 8. The proposed project is surrounded by single-family residential uses to the north, south, east and west. 9. The project qualifies as Categorically Exempt under Section 15303, Class 3 of the California Environmental Quality Act (CEQA) pertaining to the construction of a single-family residence in an urbanized area. 10. The increased flow due to the proposed public improvements was determined to be minimal at 0.02 cfs. Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. The proposed project is consistent with the General Plan and Zoning Ordinance. 2. The proposed project, as conditioned, will aid in the harmonious development of the immediate area. 3. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required Conditions of Approval, will have a significant adverse impact on the environment. 4. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 5. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 6. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. NOW, THEREFORE, BE IT RESOLVED that the City Council denies an appeal and upholds the Public Works Condition of Approval No. 27 as adopted by Planning Commission Resolution No. 3627 that grants a Site and Architectural Review Permit (PLN2004-181) to allow the construction of a new single-family residence on property owned by Mr. Jacob Saidian located at 1642 Walters Avenue in an R-I-9 (Single Family Residential) Zoning District. City Council Resolution PLN2004-181 -1642 Walters Avenue Denying an Appeal and Upholding Condition No. 27 of Planning Commission Resolution No. 3627 Page 3 PASSED AND ADOPTED this 21st day of March call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: tL4'1u-- Anne Bybee, City Clerk , 2005, by the following roll Burr, Hernandez, Furtado, Watson, Kennedy None None None ~. FORF.GotNG INSTv,\.;1~li.N'f IS A till>> MIO COAAECT COPY 01' THe ORIGttIIl Oft ALIi IN THIS OffICI!:. ATTI!8T: AHNE E. CITY CLERK. crtY OF CAIoCPBel CA ~-oRNIA. BY 8. Approval of Memorandum of Understanding for Sharing Federal Justice Assistance Grant Funds (Resolution/Roll Call Vote) Resolution 10471 authorizes the Interim City Manager to execute a Memorandum of Understanding with the County of Santa Clara for sharing of justice assistance grant funds. 9. Congratulating Barbara Jones on her Retirement from City of Campbell (Resolution/Roll Call Vote) Resolution 10470 congratulates Barbara Jones for twenty-one years of service upon her retirement from the City of Campbell. 10. Accept Donation of $20,000 from the Friends of the Heritage Theatre for the Heritage Theatre Capital Campaign This action accepts a donation of $20,000 from the Friends of the Heritage Theatre for the Heritage Theatre Capital Campaign. M/S: Watson/Burr - that the City Council approve the Consent Calendar. Motion adopted by the following roll call vote: AYES: Councilmembers: Burr, Hernandez, Furtado, Watson, Kennedy NOES: Councilmembers: None ORAL REQUESTS Laura Stuchinsky from the Santa Clara Valley Manufacturing Group appeared before the City Council and spoke in support of Item 6 on the Consent Calendar. PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES 11. Continuation of Public Hearing Regarding Appeal of Public Works Condition of Approval regarding Planning Commission Approval of Application of Mr. Jacob Saidian for a Site and Architectural Review Permit (pLN2004-182) to allow the Construction of a new single-family residence and retention of an existing secondary living unit on property located at 1360 Harriet Avenue in an R-I-9 (Single Family Residential) Zoning District (Resolution/Roll Call Vote) This is the time and place for a continued public hearing regarding the Appeal of Public Works Condition of Approval regarding Planning Commission Approval of Application of Mr. Jacob Saidian for a Site and Architectural Review Permit (PLN2004-182) to allow the Construction of a new single-family residence and retention of an existing secondary living unit on property located at 1360 Harriet Avenue in an R-1-9 (Single Family Residential) Zoning District. Minutes of 3/21/05 City Council Meeting 3 City Engineer Quinney - Staff Report dated March 21, 2005. Mayor Kennedy declared the public hearing open and asked if anyone in the audience wished to be heard. There being no one wishing to speak, Mayor Kennedy closed the public hearing. M/S: Burr/Hernandez - that the City Council adopt Resolution 10472 denying an appeal and upholding the Planning Commission approval and Conditions of Approval (pLN2004-182) approving a Site an<J Architectural Review Permit to allow the construction of a new residence and secondary living unit, incorporating Findings and subject to Conditions of Approval including added Finding that states: "the increased flow due to the proposed public improvements was determined to be minimal at 0.02 cfs." Motion adopted by the following roll call vote: AYES: Councilmembers: Burr, Hernandez, Furtado, Watson, Kennedy NOES: Councilmembers: None 12. Continuation of Public Hearing regarding Appeal of Public Works Condition of Approval regarding Planning Commission Approval of Application of Mr. Jacob Saidian for a Site and Architectural Review Permit (pLN2004-181) to allow the Construction of a new single-family residence on property located at 1642 Walters Avenue in an R-I-9 (Single Family Residential) Zoning District (Resolution/Roll Call Vote) This is the time and place for a continued public hearing regarding Appeal of Public Works Condition of Approval regarding Planning Commission Approval of Application of Mr. Jacob Saidian for a Site and Architectural Review Permit (PLN2004-181) to allow the Construction of a new single-family residence on property located at 1642 Walters Avenue in an R-I-9 (Single Family Residential) Zoning District. City Engineer Quinney - Staff Report dated March 21, 2005. Mayor Kennedy declared the public hearing open and asked if anyone in the audience wished to be heard. There being no one wishing to speak, Mayor Kennedy closed the public hearing. M/S: Burr/Watson - that the City Council adopt Resolution 10473 denying an Appeal and upholding the Planning Commission approval of a Site and Architectural Review Permit to allow the construction of a new residence, incorporating Findings and subject to Conditions of Approval including added Finding that states: "the increased flow to the proposed public improvements was determined to be minimal at 0.02 cfs." Motion adopted by the following roll call vote: Minutes of 3/21/05 City Council Meeting 4 an addition to an existing building and the expansion of use of the property as a Public Assembly Use on property owned by the San Jose Saint George Coptic Orthodox Church on property located at 395 W. Rincon Avenue, incorporating Findings and subject to Conditions of Approval, including added conditions requiring opaque windows on the second story to address privacy issues and the installation of steel bollards in front of the nine parking spaces along the western property line to address safety issues, and additional 24' box trees to provide additional screening for privacy; and adopt Resolution 10466 denying an Appeal and upholding the Tree Removal Permit (pLNZOO4-162) for the removal of one 30- inch diameter palm tree on property located at 395 W. Rincon Avenue, incorporating Findings and subject to Conditions of Approval. Motion adopted by the following roll call vote: AYES: Councilmembers: Burr, Furtado, Watson, Kennedy NOES: Councilmembers: Hernandez Recess/Reconvene: Mayor Kennedy declared a five minute recess. The City Council reconvened at 8:45 p.m. 13. Appeal of Public Works Condition of Approval regarding Planning Commission Approval of Application of Mr. Jacob Saidian for a Site and Architectural Review Permit (pLN2004-182) to allow the Construction of a new single-family residence and retention of an existing secondary living unit on property located at 1360 Harriet Avenue in an R-I-9 (Single Family Residential) Zoning District (Resolution/Roll Call Vote) This is the time and place for a public hearing to consider an Appeal of Public Works Condition of Approval regarding Planning Commission Approval of Application of Mr. Jacob Saidian for a Site and Architectural Review Permit (PLN2004-182) to allow the Construction of a new single-family residence and retention of an existing secondary living unit on property located at 1360 Harriet A venue in an R-I-9 (Single Family Residential) Zoning District. Community Development Director Fierro - Staff Report dated March 1, 2005. Mayor Kennedy declared the public hearing open and asked if anyone in the audience wished to be heard. Jacob Saidian, Appellant, appeared before the City Council and stated that he is appealing a condition of appeal imposed by Public Works requiring the installation of street improvements in conjunction with his application. Kevin Salazar, 1185 Audrey Avenue, Campbell, appeared before the City Council and spoke in support of the Appeal. Minutes of 3/112005 City Council/Redevelopment Agency Meeting 7 Peggy Emerson, 1412 Maysun Court, Campbell, appeared before the City Council and spoke in support of extending the sidewalk on Hazel down to Walters. Danny Karnes, 1115 Audrey Avenue, Campbell, appeared before the City Council and spoke in support of the Appeal. R. D. Flynn, 467 California Street, Escalon, appeared before the City Council and spoke in support of the Appeal. There being no one else wishing to be heard, Mayor Kennedy closed the public hearing. Following discussion, the consensus of the City Council was that additional information on the pavement testing data, potential drainage impacts if curb/gutter is installed, and cost sharing information if Harriet is widened is needed before making a decision on the Appeal. On advice of City Attorney Seligmann, Mayor Kennedy re-opened the public hearing. M/S: Furtado/Burr - that the public hearing be continued to the March 2111 Council Meeting and request staff to report back on pavement testing data, drainage impacts and cost information associated with widening of Harriet A venue. Motion adopted by the following roll call vote: AYES: Councilmembers: Burr, Hernandez, Furtado, Watson, Kennedy NOES: Councilmembers: None 14. Appeal of Public Works Condition of Approval regarding Planning Commission Approval of Application of Mr. Jacob Saidian for a Site and Architectural Review Permit (pLN2004-181) to allow the Construction of a new single-family residence on property located at 1642 Walters Avenue in an R-I-9 (Single Family Residential) Zoning District (Resolution/Roll Call Vote) This is the time and place for a public hearing to consider an Appeal of Public Works Condition of Approval regarding Planning Commission Approval of Application of Mr. Jacob Saidian for a Site and Architectural Review Permit (PLN2004-181) to allow the Construction of a new single-family residence on property located at 1642 Walters Avenue in an R-I-9 (Single Family Residential) Zoning District. Community Development Director Fierro - Staff Report dated March 1, 2005. Mayor Kennedy declared the public hearing open and asked if anyone in the audience wished to speak. Jacob Saidian, Appellant, appeared before the City Council and spoke in support of the Appeal. Minutes of 3/1/2005 City Council/Redevelopment Agency Meeting 8 Of'C"'A' . <"{.o !..4.... ~(to ... '(" U . L-' . ~~ .... ... '$o~ ... 't"". ~' OIlCHA\lU. CITY OF CAMPBELL City Clerk's Office March 3, 2005 Mr. Jacob Saidian Advanced Development 2933 Benjamin Court San Jose, CA 95124 Dear Mr. Saidian: At the regular City Council meeting of March 1, 2005, the Campbell City Council continued your Appeal of Public Wodes Condition of Approval regarding Planning Commission approval for a Site and Architectural Review Permit (pLN 2004-182) for property located at 1360 Harriet Avenue to the regularly scheduled meeting of Monday, March 21, 2005. At the same meeting the City Council continued your Appeal of Public Wodes Condition of Approval regarding Planning Commission approval for a Site and Architectural Review Permit (pLN 2004-181) for property located at 1642 Walter Avenue to the regularly scheduled meeting of Monday, March 21, 2005. Please do not hesitate to contact my office should you have any questions in regard to the City Council's action. Sincerely, ~ Anne Bybee City Clerk cc. Tim Haley, Associate Planner Michelle Quinney, City Engineer 70 North First Street . Campbell, California 95008.1423 . TEL 408.866.2117 . FAX 408.374.6889 . TOO 408.866.2790 (ili u/ CUll/flue/! City Council Report ITEM NO: CATEGORY: DATE: Public Hearing March 1, 2005 TITLE Appeal of Public Works Condition of Approval regarding Planning Commission Approval of Application of Jacob Saidian for a Site and Architectural Review Permit (PLN 2004-182) to allow the construction of a new single-family residence and retention of an existing secondary living unit on property located at 1360 Harriet A venue in an R-I-9 (Single-family residential) Zoning District: CITY COUNCIL ACTION The City Council may take one of the following actions regarding the appeal: 1. Adopt a Resolution, incorporating the attached findings, approving an appeal and overturning the Planning Commission condition of approval No. 28 (Street Improvements) and replacing it with a condition of approval to enter into a Deferred Street Improvement Agreement for application of an approved Site and Architectural Review Permit (PLN 2004- 182) to allow the construction of a new residence and secondary living unit; and/or 2. Adopt a Resolution, incorporating the attached findings and conditions of approval, denying an appeal and upholding the Planning Commission approval and conditions of approval (PLN2004-182) approving a Site and Architectural Review Permit to allow the construction of a new residence and secondary living unit; or 3. Continue the item for additional information or refer the project back to the Planning Commission. ENVIRONMENT AL DETERMINATION The Planning Commission found that this project is Categorically Exempt under Section 15303, Class 3, of the California Environmental Quality Act (CEQA) pertaining to the construction of a new single-family residence in an urbanized area; therefore, no environmental action is required. BACKGROUND Applicant's Proposal: The applicant, Mr. Jacob Saidian, received approval of a Site and Architectural Review Permit to allow the construction of a new residence and the remodel of a secondary living unit on the project site at 1360 Harriet Avenue. The project site is located on the southeastern comer of Harriet and Walters A venues. The site is currently developed with two single family residences and surrounded by single-family residential uses to the north, south, east and west. , Appeal of Jacob Saidian of a Planning Commission Condition of Approval- 1360 Harriet A venue: Page 2 March 1, 2005 Planning Commission Meeting: The Planning Commission, at its meeting of January 25, 2005, approved the project by a 5-0-1 vote. The major issues of concern by the Planning Commission that were discussed at the meeting included the setback of the remodeled secondary living unit. The Planning Commission's approval included a condition of approval requiring the installation of a curb, street section and sidewalk along the Harriet Avenue frontage and a rolled curb, gutter and street section along the W alters Avenue frontage consistent with the San Tomas Neighborhood Plan and as recommended by Public Works staff. Appeal: On February 3, 2005, the City Clerk received a letter of appeal from Mr. Jacob Saidian, appealing the Planning Commission's condition of approval No. 28 requiring the installation of street improvements in conjunction with the construction of a new residence and secondary living unit on the property (PLN2004-182). The applicant is requesting that the Street Improvement Condition be replaced with a Deferred Improvement Agreement. A copy of the appeal letter is attached (see Attachment No.6). 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 proposed project density is 2 units per gross acre. Zoning Designation: The zoning designation for the project site is R-1-9 (Single-family residential). The proposed single-family residence and secondary living unit use is consistent with this zoning district. Street Improvements: The San Tomas Neighborhood Plan requires the installation of street improvements along both street frontages of this project. The applicant is requesting that this requirement be deferred. San Tomas Neighborhood Policies require the following: Existioe: Streets Existing streets are required to be improved consistent with the San Tomas Street Improvement Plan (Attachment 7) a. Any proposed new development located on those streets identified for street improvements would be required to dedicate right-of way to the predominant dimension and construct the street to the predominant street width, install curb, gutters. sidewalks and street lights. as necessary. , Appeal of Jacob Saidian of a Planning Commission Condition of Approval - 1360 Harriet A venue: Page 3 March 1, 2005 Deferred Improvements Al!reements Deferred improvement agreements may be taken in lieu of installation of street improvements in the San Tomas Area as determined by the City Engineer. Municipal Code Section 11.24.050 provides guidance for when Deferred Street Improvement Agreements may be taken in lieu of installation of the improvements as follows: Muni Code Section 11.24.050 Deferred street improvement al!reements. Deferred street improvement agreements may be allowed when the city engineer has determined that extenuating circumstances exist and the deferral of the street improvements is reasonable and appropriate, or when the following conditions are satisfied: 1. the property is not adjacent to existing improvements of the same type being required; and 2. agreements do not exist for installation of street improvements for all properties between the subject property and existing improvements of the type being required; and 3. there are no capital improvement projects identified in the current Capital Improvement Program for installation of the required street improvements within the next seven years; and 4. the deferral of the street improvements is not in conflict with any other adopted City Council policy. The City Engineer has reviewed the application for development of this site, and has not found extenuating circumstances that would support the deferral of the installation of the required street improvements. The applicant is appealing this decision. Justification for requiring the installation of street improvements: The proposed development is located on the southeast comer of Harriet A venue and Walters A venue (Attachment 9 - Assessor's parcel map). The San Tomas Area Neighborhood Plan requires curb, gutter and sidewalk improvements for Harriet A venue and rolled curb and gutter improvements for Walters A venue. The property is adjacent to existing improvements installed on Harriet Avenue by Tract 8379, the Maysun Court development. Based on Muni Code Section 11.24.050 and the property's adjacency to existing improvements, a request for the deferral of the required street improvements was rejected. In 1992, the Maysun Court development installed street improvements on Harriet Avenue. South of Maysun Court, the improvements installed included 15' of full depth street construction (asphalt and base), curb and gutter, planter strip and sidewalk. To the north of Maysun Court, a modified street cross section was approved in an effort to save a row of existing mature walnut trees on Harriet A venue. The improvements installed in this section included 9' of full depth street construction, temporary curb, a large planter strip for the existing walnut trees, and sidewalk. The alignment north of Maysun Court was considered to be temporary to accommodate the walnut trees. Should the health of the trees deteriorate, the City would have the option of widening this portion of Harriet A venue to provide a street cross section consistent with the portion of Harriet A venue to the south of Maysun Court. Appeal of Jacob Saidian of a Planning Commission Condition of Approval - 1360 Harriet A venue: Page 4 March 1, 2005 Because the disposition of the row of walnut trees along Harriet A venue is uncertain, staff believes it is unlikely that a City project to widen this section of Harriet A venue will be implemented in the near future. As such, staff believes the continuation of the existing City standard improvements installed to the south of the proposed development on Harriet A venue is a reasonable and consistent requirement for the development of the current property. The applicant is ultimately realizing a significant savings as he is being requested to install only 9' of full depth pavement, temporary curbing and sidewalk. If the improvements were to be deferred until the street were to be constructed to the "ultimate cross-section" the applicant would be responsible for construction of 15' of full depth pavement, permanent concrete curb and gutter and sidewalk. In July, 2002, a single family development was approved for 1556 Walters Avenue (see Attachment 1), which was adjacent to existing improvements. The conditions of approval for this development were consistent with those placed on the current proposed development for the Walters Avenue frontage. The improvements required and installed on Walters Avenue by this development included 16' of full depth street construction, a rolled curb and gutter, and relocation of an existing utility pole. Staff believes that these two developments are very similar in nature and should be conditioned consistently. Responses to the additional reasons for the appeal: In the letter written to the City Clerk, several additional reasons were cited for the appeal. The following is staff's response to these individual items: . Other recent developments (1570 and 1677 Walters Avenue) have not been required to install improvements but have deferred street improvement agreements. o The properties located at 1570 Walters Avenue and 1667 Walters Avenue (1677 Walters as stated in the appeal does not exist) have recorded Deferred Street Improvement Agreements. These developments were not adjacent to existing improvements at the time of their development and therefore the deferred agreement was required. The deferred agreement for 1570 Walters Avenue is currently being called as improvements were installed recently on the property immediately adjacent to 1570 Walters Avenue. . Improvements installed by the proposed development would be partially damaged or totally removed should a future widening take place. o Engineering for the required improvements can be completed in a manner that would accommodate a future widening of this section of Harriet A venue with minimal future conforms and modifications. The asphalt pavement section and base would remain and the new widened section would be added and keyed into the existing pavement. Sidewalk and accessibility ramps can be designed and installed at elevations that would accommodate the future widening, although some minor modifications or possibly including the removal and replacement of the accessibility ramp is likely. As in any widening project, pavement conforms Appeal of Jacob Saidian of a Planning Commission Condition of Approval- 1360 Harriet A venue: Page 5 March 1, 2005 would be needed at the intersection of Walters A venue and will be dependent on the grades necessary for proper drainage. . Removal of existing street section to 3' west of centerline. o The requirement to remove and replace the existing street section 3' to the west of the street centerline on Harriet A venue is not related to the condition of the asphalt pavement. This requirement is to provide a crown line for this segment of the street that is consistent with the street crown to the south. By removing and replacing 3' of the existing pavement, the crown line can be moved 3' to the west to provide a 9' northbound travel lane with a consistent cross slope. If the existing pavement is not removed and replaced to the limits specified, the street crown line in this section of roadway will be only 6' from the face of curb. . Installation of engineered structural pavement section. o Street pavement that was installed with the developments in the area, including Permit #97-160 does appear to be in good condition. These developments were required to install an engineered pavement section (asphalt and base) and the pavement section appears to be performing as designed. The applicant indicates that pavement testing for the existing pavement, that has not been reconstructed, was completed and has determined that the existing pavement is structurally sound. We have given the applicant the parameters necessary for testing pavements to evaluate pavement performance and structural integrity; however, we have not received any data or reports from the applicant to substantiate the claim that the existing pavement is indeed structurally sound. Our visual inspection of the pavement leads us to believe that the pavement section is not structurally sound. . There is neither a sufficient relationship nor a rough proportionality between the conditions of approval and the impact of the project. o The conditions placed on these two proposed developments are consistent with those placed on similar developments within the City, as well as with those placed on the Maysun Court and Robnick Court subdivisions, Permit # 97-160, and the recent single family development at 1556 Walters Avenue. Deviating from these conditions would be inconsistent, arbitrary and capricious. . Improvements on Harriet are temporary in nature and therefore should not be considered as "contiguous improvements". o As indicated previously, because the life of the row of walnut trees along Harriet A venue is uncertain, staff believes it is unlikely that a project to widen this section of Harriet will be implemented in the near future. As such, the existing City standard improvements installed to the south of the proposed development on Harriet should be continued at this time. Appeal of Jacob Saidian of a Planning Commission Condition of Approval- 1360 Harriet A venue: Page 6 March 1, 2005 Staff has met several times with the applicant to discuss these conditions of approval for the proposed development. Additionally, the applicant has communicated his concerns in writing. Attached are copies of two letters received from the applicant along with a letter written by the City Engineer in an attempt to clarify the conditions and the reasons for those conditions. Also attached are several photos of the property's frontage along Harriet and Walters A venues. AL TERNA TlVES 1. Deny the proposed project. 2. Approve the proposed project. 3. Continue for further review. FISCAL IMPACTS There are no fiscal impacts associated with this action. Attachments: 1. City Council Resolution approving an appeal and overturning the Planning Commission Condition of Approval No. 28 of application (PLN2004-182). 2. City Council Resolution denying an appeal and upholding the Planning Commission approval (PLN2004-182). 3. Planning Commission Meeting Minutes of January 25, 2005 4. Planning Commission Resolution No. 3628 5. Planning Commission Staff Report of January 25,2005 6. Appeal letter from Mr. Jacob Saidian 7. San Tomas Street Improvement Plan 8. Project Exhibits (photos) 9. Assessor's Parcel Map 10. Letter from Resident at 1432 Maysun Court dated February 15,2005 11. Letter from Mr. Jacob Saidian dated January 4,2005 12. Letter from Mr. Jacob Saidian dated January 10,2005 13. Letter from City Engineer dated January 18, 2005 Prepared by: ~1 ~ Tim J. HalePA~ Planner rr-:-'~ hood. Reviewed by: _ "",--. Sharon Fi , Co umty Development DIrector Reviewed by: 7Jiu..k~iL {[J~ Michelle Q~ney. City En~eer ; , Approved by: Robert Kass, Interim City Manager Attachment #1 RESOLUTION NO. BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING AN APPEAL OF CONDITION NO 28 OF PLANNING COMMISSION RESOLUTION NO. 3628, WHICH APPROVED A SITE AND ARCHITECTURAL REVIEW PERMIT (PLN2004-182) TO ALLOW THE CONSTRUCTION OF A NEW SINGLE-F AMIL YRESIDENCE AND RETENTION OF AN EXISTING SECONDARY LIVING UNIT ON PROPERTY OWNED BY MR. JACOB SAIDIAN LOCATED AT 1360 HARRIET AVENUE IN AN R-I-9 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT, THEREBY AMENDING CONDITION OF APPROVAL NO. 28 THAT REQUIRED INSTALLATION OF STREET IMPROVEMENTS AND REPLACING THAT CONDITION WITH THE REQUIREMENT TO ENTER INTO A DEFERRED STREET IMPROVEMENT AGREEMENT. APPEAL OF MR. JACOB SAIDIAN. FILE NO. PLN2004-182. 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 City Council did find as follows with respect to application PLN2004-182: 1. The density of the proposed project site is 2.0 per gross acre. The project density is consistent with the General Plan land use designation of Low Density Residential (less than 4.5 units per gross acre.) No change in residential density is proposed with this project. 2. The proposed project is consistent with the R-I-9 (Single-Family Residential, 9,000 square foot minimum) Zoning District for lot size and meets the minimum setbacks, height restriction, building coverage, floor area ratio, and parking requirements of the R-I-9 Zoning District. 3. The project is consistent with the development standards and design guidelines of the San Tomas Area Neighborhood Plan. 4. The project consists of a 5,849 square foot residence (including a 1,252 square foot basement, 2,856 sq. ft. first floor, a 1,056 second floor, a 685 square foot garage) and the secondary living unit (including a 620 square foot living area and a 400 square foot storage area) with a project building coverage of 31 % and Floor Area Ratio of 37%. A twenty foot setback is provided for the front yard, a twelve foot setback is provided for the street side yard and a twenty-five foot setback is provided to the rear property line. 5. The project provides three covered and two uncovered parking spaces for the proposed residence and secondary unit thus satisfying the parking requirements of two parking spaces per unit. , City Council Resolution PLN2004-182 -1360 Harriet Avenue . Upholding an Appeal and Amending Condition No. 28 of Planning Commission Resolution No. 3628 Page 2 6. The proposed project is well designed and is architecturally compatible with the surrounding neighborhood. 7. The proposed new residence incorporate representative architectural features of homes in the San Tomas Neighborhood including hipped and gable forms, an attached garage, composition roofing, and stucco siding. 8. The proposed project is surrounded by single-family residential uses to the north, south, east and west. 9. The project qualifies as Categorically Exempt under Section 15303, Class 3 of the California Environmental Quality Act (CEQA) pertaining to the construction of a single-family residence in an urbanized area. 10. In absence of complete compliance to current setbacks for the second living unit, the proposed development would be detrimental to the health, safety and welfare of the general neighborhood. Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. The proposed project is consistent with the General Plan and Zoning Ordinance. 2. The proposed project, as conditioned, will aid in the harmonious development of the immediate area. 3. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required Conditions of Approval, will have a significant adverse impact on the environment. 4. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 5. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 6. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. NOW, THEREFORE, BE IT RESOLVED that the City Council approves an appeal and amends Condition 28 of Planning Commission Resolution No. 3628, which approved a Site and Architectural Review Permit (PLN2004-182) to allow the construction of a new single-family residence and retention of an existing secondary living unit on property owned by Mr. Jacob Saidian located at 1360 Harriet Avenue in an R-I-9 (Single Family Residential) Zoning District, thereby amending this condition to require the applicant to enter into a deferred street , City Council Resolution PLN2004-182 -1360 Harriet Avenue , Upholding an Appeal and Amending Condition No. 28 of Planning Commission Resolution No. 3628 Page 3 improvement agreement as opposed to installation of said street improvements with construction of the project, 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 Plannin2 Division: 1. Proiect Approval: Approval is granted for a Site and Architectural Review Permit (PLN2004- 182) allowing the construction of a new two-story single-family residence and the retention of a secondary living unit on property located at 1360 Harriet Avenue. The project shall substantially conform to the project exhibits listed below; except as may be modified by the conditions of approval contained herein. a. Project plans prepared by Louis Dorcich, dated December 1, 2004 and received by the Planning Division on January 19, 2004, including a site plan, floor plans, roof plan, conceptual landscape plan and elevations. b. Color/material board received by the Planning Division on January 3,2005. c. Subject to the secondary living unit being made to conform to current zoning and setback standards. d. Subject to the Conditions of Approval contained in Planning Commission Resolution No. 3628, except as amended below. PUBLIC WORKS DEPARTMENT 28. Deferred Street Improvements: Prior to issuance of any grading or building permits for the site, the applicant shall execute a Deferred Street Improvement agreement, as required by the City Engineer. , City Council Resolution PLN2004-182 -1360 Harriet Avenue Upholding an Appeal and Amending Condition No. 28 of Planning Commission Resolution No. 3628 Page 4 PASSED AND ADOPTED this call vote: day of , 2005, by the following roll AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: APPROVED: Jane P. Kennedy, Mayor ATTEST: Anne Bybee, City Clerk Attachment #2 RESOLUTION NO. BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL DENYING AN APPEAL AND UPHOLDING THE PUBLIC WORKS CONDITION OF APPROV AL NO. 28 ADOPTED BY PLANNING COMMISSION RESOLUTION NO. 3628 FOR A SITE AND ARCHITECTURAL REVIEW PERMIT (pLN2004-182) TO ALLOW THE CONSTRUCTION OF A NEW SINGLE-FAMILY RESIDENCE AND RETENTION OF AN EXISTING SECONDARY LIVING UNIT ON PROPERTY OWNED BY MR. JACOB SAIDIAN LOCATED AT 1360 HARRIET AVENUE IN AN R-I-9 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT. APPEAL OF MR. JACOB SAIDIAN. FILE NO. PLN2004-182. 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 City Council did find as follows with respect to application PLN2004-182: 1. The density of the proposed project site is 2.0 per gross acre. The project density is consistent with the General Plan land use designation of Low Density Residential (less than 4.5 units per gross acre.) No change in residential density is proposed with this project. 2. The proposed project is consistent with the R-I-9 (Single-Family Residential, 9,000 square foot minimum) Zoning District for lot size and meets the minimum setbacks, height restriction, building coverage, floor area ratio, and parking requirements of the R-I-9 Zoning District. 3. The project is consistent with the development standards and design guidelines of the San Tomas Area Neighborhood Plan. 4. The project consists of a 5,849 square foot residence (including a 1,252 square foot basement, 2,856 sq. ft. first floor, a 1,056 second floor, a 685 square foot garage) and the secondary living unit (including a 620 square foot living area and a 400 square foot storage area) with a project building coverage of31% and Floor Area Ratio of 37%. A twenty foot setback is provided for the front yard, a twelve foot setback is provided for the street side yard and a twenty-five foot setback is provided to the rear property line. 5. The project provides three covered and two uncovered parking spaces for the proposed residence and secondary unit thus satisfying the parking requirements of two parking spaces per unit. 6. The proposed project is well designed and is architecturally compatible with the surrounding neighborhood. ,City Council Resolution PLN2004-182 -1360 Harriet Avenue , Denying an Appeal and Upholding Condition No. 28 as of Planning Commission Resolution No. 3628 Page 2 7. The proposed new residence incorporate representative architectural features of homes in the San Tomas Neighborhood including hipped and gable forms, an attached garage, composition roofing, and stucco siding. 8. The proposed project is surrounded by single-family residential uses to the north, south, east and west. 9. The project qualifies as Categorically Exempt under Section 15303, Class 3 of the California Environmental Quality Act (CEQA) pertaining to the construction of a single-family residence in an urbanized area. 10. In absence of complete compliance to current setbacks for the second living unit, the proposed development would be detrimental to the health, safety and welfare of the general neighborhood. Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. The proposed proj ect is consistent with the General Plan and Zoning Ordinance. 2. The proposed project, as conditioned, will aid in the harmonious development of the immediate area. 3. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required Conditions of Approval, will have a significant adverse impact on the environment. 4. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 5. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 6. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. NOW, THEREFORE, BE IT RESOLVED that the City Council denies an appeal and upholds the Public Works Condition of Approval No 28 as adopted by Planning Commission Resolution No. 3628 that granted a Site and Architectural Review Permit (pLN2004-182) to allow the construction of a new single-family residence and retention of an existing secondary living unit on property owned by Mr. Jacob Saidian located at 1360 Harriet Avenue in an R-1-9 (Single Family Residential) Zoning District. , City Council Resolution PLN2004-182 -1360 Harriet Avenue Denying an Appeal and Upholding Condition No. 28 as of Planning Commission Resolution No. 3628 Page 3 PASSED AND ADOPTED this call vote: day of , 2005, by the following roll AYES: NOES: ABSENT: ABSTAIN: ATTEST: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: APPROVED: Jane P. Kennedy, Mayor Anne Bybee, City Clerk ,Planning Commission Minutes of January 25,2005 Attachment #3 Page 15 ABSENT: Gibbons ABSTAIN: None Acting Chair Alderete advised that action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Acting Chair Alderete read Agenda Item No.4 into the record. 4. PLN2004-182 Saidian, J. Public Hearing to consider the application of Mr. Jacob Saidian for a Site and Architectural Review Permit (PLN2004-182) to allow the construction of a new single-family residence and retention of an existing secondary living unit on property owned by Mr. Jacob Saidian located at 1360 Harriet Avenue in an R-I-9 (Single Family Residential) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission decision final, unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Tim J Haley, Associate Planner Mr. Tim J. Haley, Associate Planner, presented the staff report as follows: · Advised that this project site is located to the west of the previous project discussed, on the southeast comer of Walters and Harriet Avenue. · Described the property as consisting of 15,085 square feet and two smaller sized single- family residences. · Stated that the applicant proposes to demolish one of the small homes and construct a new two-story 6,987 square foot single- family residence over a portion of basement. Additionally, the applicant proposes to retain the second resident, located on the easterly portion of the property as a secondary living unit. · Said that the property would be developed at a FAR of .374 where .45 is permitted. The lot coverage is 31 percent while 35 percent is permitted. The maximum height proposed is 27 feet, 4 inches, whereas 28 feet is the maximum allowed. . Advised that the applicant will provide a three-car garage with two uncovered parking spaces in the driveway. The driveway will be accessed from W alters Avenue and the home's front entrance would be from Harriet Avenue. · Informed that the Zoning allows less than 4.5 units per gross acre and the proposed density is at two homes per gross acre. . Stated that this proposal is consistent with the San Tomas Area Neighborhood Plan. . Recommended approval. . Said that SARC had three issues and the plans were modified to address those issues. · Said that correspondence was received from a neighbor who is concerned about the size of the building and the location of the driveway. Commissioner Doorley asked staff if the second unit on this parcel is currently considered legal. , Planning Commission Minutes of January 25, 2005 Page 16 Planner Tim J. Haley replied yes. The two homes on this property are considered legal. Commissioner Doorley asked for assurance that the storage building on site is clearly separate from the second residence. Planner Tim J. Haley advised that there is no connection between the two structures. The applicant plans to rebuild the storage structure as it is not in good condition now. Commissioner Doorley pointed out that the second unit is located quite close to the property line right now. Planner Tim J. Haley agreed that it is a substandard setback. Commissioner DoorIey asked how that structure drains. Planner Tim J. Haley replied that he was not sure. The secondary unit does have a gable roof on it. Commissioner Roseberry pointed out that the new house on this lot will be huge. He questioned the reasoning for retaining the second unit which is of lesser quality. He asked if this unit is considered grandfathered and/or legal. Was it built under a permit? Planner Tim J. Haley replied that both homes on this property were built prior to the requirement for building permits. Commissioner Roseberry asked if this unit would require inspection. Planner Tim J. Haley advised that if the Commission wishes, the Building Department could inspect the structure. Commissioner Roseberry said he is not sure about the condition of this second living unit but it is poorly placed on the lot and is probably substandard. Stated that he cannot understand the logic for keeping this unit and suggested adding a provision to inspect this unit for habitability. Director Sharon Fierro said that Commission can add a Condition of Approval requiring that the Building Department evaluate the second unit. Commissioner Roseberry asked if having two homes on this lot was a situation that was grandfathered for this lot. City Attorney William Seligmann read from the Code that states that the issue of non- conforming use goes through the window and the Commission can require compliance with zoning requirements to ensure that the second unit is not substandard under the Housing Code. Director Sharon Fierro asked the City Attorney if the applicant can be required to provide proper setbacks under the current Code. City Attorney William Seligmann replied yes. , Planning Commission Minutes of January 25,2005 Page 17 Commissioner Doorley said that this would mean he would have to tear it down. Commissioner Rocha questioned the reasoning for keeping this old unit. Planner Tim J. Haley reminded that the minimum setback for a new structure would be eight feet. Commissioner Roseberry said he likes the front elevation of a house without a driveway. He asked if there is any special permit required for the driveway cutout. Planner Tim J. Haley advised that the Public Works Department reviewed this project. The Traffic Engineer found it preferable to have the driveway accessing Walters A venue rather than Harriet Avenue. Commissioner Rocha provided the Site and Architectural Review Committee report as follows: . SARC reviewed this application on January 11, 2005. · Described three issues raised. The first was to reduce the height of the basement. The second was to minimize the front entrance two-story wall. The third was to reduce/narrow the driveway approach width. . Stated that the applicant has revised his plans accordingly. Acting Chair Alderete opened the Public Hearing for Agenda Item No 4. Ms. Meg Stein, Representative, San Tomas Neighborhood Association: · Said that this project meets the STANP requirements. . Reported that she has received complaints for safety concerns. · Asked to read a letter provided to her by a local resident, Ms. Lillian Corvalho, 1240 Harriet Avenue. The letter raises Ms. Corvalho's objections to having this large home constructed at 1360 Harriet Avenue with a three-car garage facing Walters Avenue. Her concern is due to the busy roads at this location. Ms. Suzanne Burerchner, 1689 Walters Avenue, Campbell: · Said that she resides across the street from this site and is concerned about the driveway accessing from Walters. · Pointed out the extensive traffic generated by Westmont High School and the fact that there are no stop signs at the HarrietIW alters intersection. Therefore, traffic moves fast. It takes a long time to back out of their driveway already. · Said that she prefers the current location of the driveway for this property on Harriet and opposes the driveway onto Walters for this parcel. · Said that this is a huge structure. She works from her home office on the second floor of her house and will look at a very large home with this new residence. · Suggested it be reduced in height and mass. · Offered to move an approximately 12-foot high oak tree ifit is to be destroyed. · Expressed her appreciation for being able to see the proposed plans in advance. Mr. Dan Karnes, 1115 Audrey Avenue, Campbell: , Planning Commission Minutes of January 25,2005 Page 18 . Expressed his agreement with the safety issues but pointed out that a home across the street needs to cut back their extensive landscaping that has overgrown. Doing so will provide better visibility for the area. Mr. Lou Dorcich, Project Architect: . Said that there are three mature trees that would have to be removed if the garage were to be accessed from Harriet. . Agreed that Walters is the best place to have the driveway for this home. . Said that an existing fence on this property will be removed with the construction of the new home. . Said that this applicant cannot address traffic issues, that is a City issue. . Said that it is difficult to project a three-dimensional object with a two-dimensional drawing but said that the bulk of this two-story will be at the interior of the lot and not visible from the streetscape. The home is primarily a single-story home with two-story dormers. The basement is a component of the front of the house with single-story structure on top of the basement. The two-story portions of the house are not located over basement space but rather are built at grade. Mr. Jacob Saidian, Applicant, advised that traffic, safety and trees were taken into consideration when determining where the driveway should go for this home. He added that Walters will be widened and explained that the drainage for the secondary unit occurs through a swale. He added that he is a civil engineer. Commissioner Francois asked if Mr. Jacob Saidian plans to upgrade the secondary unit. Mr. Jacob Saidian replied that the unit would be face-lifted with a new roof and windows to compliment the new house on site. Commissioner Rocha said that Mr. Saidian has gone to a lot of trouble to build a beautiful new home on this property and questioned the keeping of the second unit. He asked what the point is in keeping this unit as it does not appear to make sense. Mr. Jacob Saidian said that he has lots of guests and assured that this second unit will look as nice as the rest of the property. The lot is large enough to keep it and he has the right to keep it. Acting Chair Alderete closed the Public Hearing for Agenda Item No.4. Commissioner Roseberry: . Said that everyone likes extra space as would be provided with the second unit on site. . Said that the applicant plans to make this unit look nice and agreed that this is a large lot. · Said that the functionality and layout of the unit would not be compromised by moving it to within the required setbacks or by rebuilding it. . Agreed that the shrubbery across the street is overgrown. . Questioned the right-of-way on Harriet. Director Sharon Fierro advised that the applicant is required to construct paving. ,Planning Commission Minutes of January 25,2005 Page 19 Planner Tim J. Haley added that the requirement is for rolled curb along W alters Avenue, 16 feet from centerline. Commissioner Francois said that he shared the concerns over the second unit. Director Sharon Fierro said that the Commission can require this unit to meet current zoning requirements. City Attorney William Seligmann, reading from the Code, said that the Commission has the discretion to require compliance with current setback requirements. Commissioner Roseberry asked if that requirement is for the primary or secondary unit on the property. City Attorney William Seligmann replied that the Code does not make distinction. Director Sharon Fierro added that sight line visibility can be reviewed by the Traffic Engineer. Commissioner Alderete pointed out that there are existing traffic issues for the area. Planner Tim J. Haley said that traffic controls and improved visibility with the correction of the heavily vegetated lot across the street can help this situation. Commissioner Doorley supported the requirement to have the second unit and storage building conform to current zoning requirements. Commissioner Rocha agreed saying that this is the only way he can support this. Motion: Upon motion of Commissioner Doorley, seconded by Commissioner Rocha, the Planning Commission adopted Resolution No. 3628 approving a Site and Architectural Review Permit (PLN2004-182) to allow the construction of a new single-family residence and retention of an existing secondary living unit on property owned by Mr. Jacob Saidian located at 1360 Harriet Avenue with the requirement that the second unit conform to current zoning and setback standards and adding the rmding of fact, "In absence of complete compliance to current setbacks, the proposed development would be detrimental to the health, safety and welfare of the general neighborhood," by the following roll call vote: AYES: Alderete, Doorley, Francois, Rocha and Roseberry NOES: None ABSENT: Gibbons ABSTAIN: None Acting Chair Alderete advised that action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Attachment #4 RESOLUTION NO. 3628 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL GRANTING A SITE AND ARCHITECTURAL REVIEW PERMIT (pLN2004-182) TO ALLOW THE CONSTRUCTION OF A NEW SINGLE-FAMILY RESIDENCE AND RETENTION OF AN EXISTING SECONDARY LNING UNIT ON PROPERTY OWNED BY MR. JACOB SAIDIAN LOCATED AT 1360 HARRIET AVENUE IN AN R-I-9 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT. APPLICATION OF MR. JACOB SAIDIAN. FILE NO. PLN2004-182. 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 PLN2004-182: 1. The density of the proposed project site is 2.0 per gross acre. The project density is consistent with the General Plan land use designation of Low Density Residential (less than 4.5 units per gross acre.) No change in residential density is proposed with this project. 2. The proposed project is consistent with the R-I-9 (Single-Family Residential, 9,000 square foot minimum) Zoning District for lot size and meets the minimum setbacks, height restriction, building coverage, floor area ratio, and parking requirements of the R-I-9 Zoning District. 3. The project is consistent with the development standards and design guidelines of the San Tomas Area Neighborhood Plan. 4. The project consists of a 5,849 square foot residence (including a 1,252 square foot basement, 2,856 sq. ft. first floor, a 1,056 second floor, a 685 square foot garage) and the secondary living unit (including a 620 square foot living area and a 400 square foot storage area) with a project building coverage of 31 % and Floor Area Ratio of 37%. A twenty foot setback is provided for the front yard, a twelve foot setback is provided for the street side yard and a twenty-five foot setback is provided to the rear property line. 5. The project provides three covered and two uncovered parking spaces for the proposed residence and secondary unit thus satisfying the parking requirements of two parking spaces per unit. 6. The proposed project is well designed and is architecturally compatible with the surrounding neighborhood. 7. The proposed new residence incorporate representative architectural features of homes in the San Tomas Neighborhood including hipped and gable forms, an attached garage, composition roofing, and stucco siding. , Planning Commission Resolution No. 3628 PLN2004-182 -1360 Harriet Avenue - New Single-Family Residence , Page 2 8. The proposed project is surrounded by single-family residential uses to the north, south, east and west. 9. The project qualifies as Categorically Exempt under Section 15303, Class 3 of the California Environmental Quality Act (CEQA) pertaining to the construction of a single-family residence in an urbanized area. 10. In absence of complete compliance to current setbacks for the second living unit, the proposed development would be detrimental to the health, safety and welfare of the general neighborhood. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed project is consistent with the General Plan and Zoning Ordinance. 2. The proposed project, as conditioned, will aid in the harmonious development of the immediate area. 3. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required Conditions of Approval, will have a significant adverse impact on the environment. 4. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 5. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 6. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves a Site and Architectural Review Permit (PLN2004-182) to allow the construction of a new single-family residence and retention of an existing secondary living unit on property owned by Mr. Jacob Saidian located at 1360 Harriet Avenue in an R-I-9 (Single Family Residential) Zoning District, 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 Resolution No. 3628 PLN2004-182 -1360 Harriet Avenue - New Single-Family Residence Page 3 COMMUNITY DEVELOPMENT DEPARTMENT Plannin!! Division: 1. Proiect Approval: Approval is granted for a Site and Architectural Review Permit (PLN2004- 182) allowing the construction of a new two-story single-family residence and the retention of a secondary living unit on property located at 1360 Harriet Avenue. Tne project shall substantially conform to the project exhibits listed below; except as may be modified by the conditions of approval contained herein. a. Project plans prepared by Louis Dorcich, dated December 1, 2004 and received by the Planning Division on January 19, 2004, including a site plan, floor plans, roof plan, conceptua11andscape plan and elevations. b. Color/material board received by the Planning Division on January 3, 2005. c. Subject to the secondary living unit being made to conform to current zoning and setback standards. 2. Approval Expiration: The Site and Architectural Review Permit approval shall be valid for a period of one year from the date of final approval. Within this one-year period, a building permit must be obtained and construction completed one year thereafter or the Site and Architectural Review Permit shall be void. 3. Roof Venting: The applicant shall coordinate mechanical and equipment improvement plans to minimize the number of roof vents that are visible from the street frontage. The applicant shall submit plans demonstrating the clustering of mechanical venting and the routing of ventilation systems within the building when possible to the satisfaction of the Community Development Director, prior to the issuance of building permits. 4. Prominence of Garage Door: The applicant shall provide decorative car garage doors to reduce the scale of the garage doors due to its prominence on the front elevation. The door design shall be reviewed and approved by the Community Development Director prior to the issuance of building permits. 5. Landscaping: The applicant shall submit a landscape plan to the Planning Division, prior to the issuance of building permits, which shows the required one (1) tree per 2,000 square feet of net lot area of the subject property. Existing trees within the net lot area of the subject property may be included in the total. All new trees shall be planted within the net lot area and shall be planted prior to issuance of a Certificate of Occupancy: . Protection of existing retained trees; . Provision of six new trees; and . Installation of fencing consistent with local ordinances. 'Planning Commission Resolution No. 3628 PLN2004-182 -1360 Harriet Avenue - New Single-Family Residence , Page 4 6. 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 approved plans and Chapter 21.28 (parking and Loading) of the Campbell Municipal Code. 8. Fences: Any existing or new fencing shall comply with Section 21.18.060 of the Campbell Municipal Code. Fencing along the property lines shall be replaced with a new fence at the expense of the applicant, unless it is determined to be in good condition by the Community Development Director. New fences along the Harriet and Walter Avenue frontages shall be of wood construction. 9. Deed Restriction: The applicant shall record a deed restriction that stipulates that not more than one dwelling unit on the parcel shall be rented or leased and that one of the dwelling units shall be owner occupied at all times. 10. Construction Hours: Construction activities shall be limited to the hours of 8:00 a.m. to 5:00 p.m. weekdays and 9:00 a.m. to 4:00 p.m. Saturdays. Construction is prohibited on Sundays and Holidays unless an exception is granted by the Building Official. 11. 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. Buildini! Division: 12. Permits Required: A building permit application shall be required for each proposed new structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 13. 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. 14. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 15. Size of Plans: The size of construction plans submitted for building permits shall be 24 inches X 36 inches. , Planning Commission Resolution No. 3628 PLN2004-182 -1360 Harriet Avenue - New Single-Family Residence , Page 5 16. 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. 17. 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. 18. 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 walllocations 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 19. Title 24 Energy Compliance: California Title 24 Energy Compliance forms CF-IR and MF- lR shall be blue-lined on the construction plans. 8W' X 11" calculations shall be submitted as well. 20. Special Inspections: When a special inspection is required by UB.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. 21. Pollution Prevention: 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. 22. 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. Bay Area Air Quality Management District (Demolitions Only) d. School District: i) Campbell Union School District (378-3405) ii) Campbell Union High School District (371-0960) iii) Moreland School District (379-1370) 'Planning Commission Resolution No. 3628 PLN2004-182 -1360 Harriet Avenue - New Single-Family Residence l Page 6 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. 23. P.G.&E.: The applicant is advised to contact P.G.&E. 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. The applicant should also consult with P.G.&E. concerning utility easements, distribution pole locations and required conductor clearances. 24. Construction Fencing: This project shall be properly enclosed with construction fencing to prevent unauthorized access to the site during construction. The construction site shall be secured to prevent vandalism and/or theft during hours when no work is being done. All protected trees shall be fenced to prevent damage to root systems. PUBLIC WORKS DEPARTMENT 25. Preliminary Title Report: Prior to issuance of any grading or building permits for the site, the applicant shall provide a current Preliminary Title Report. 26. Right-of-Wav for Public Street Purposes: Prior to issuance of any grading or building permits for the site, the applicant shall fully complete the process to cause additional right-of- way to be granted for public street purposes along the S. Harriet Avenue and Walters Avenue frontage to accommodate a 30' half street width and a 20' half street width, respectively. The southeast comer of S. Harriet Avenue and Walters Avenue shall have a 20' radius right-of- way. The applicant shall submit the necessary documents for approval by the City Engineer, process the submittal with City staffs comments and fully complete the right-of-way process. 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. 27. Public Service Easement: Prior to issuance of any grading or building permits for the site, the applicant shall grant a 10' public service easement contiguous with the public right-of- way along the S. Harriet Avenue and Walters Avenue 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. 28. Street hnprovements: Prior to issuance of any grading or building permits for the site, the applicant shall execute a street improvement agreement, cause plans for public street improvements to be prepared by a registered civil engineer, pay various fees and deposits, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City Engineer. The plans shall include the following: , Planning Commission Resolution No. 3628 PLN2004-182 -1360 Harriet Avenue - New Single-Family Residence , Page 7 S. Harriet Avenue a. Show location of all existing utilities within the new and existing public right of way. b. Relocation of all existing utilities including utility boxes, covers, poles, etc. outside of pavement, curb, gutter and sidewalk area. No utility boxes, covers, poles, etc. will be allowed in the pavement, curb, gutter or sidewalk area. c. Removal of existing street section to 3 feet west of centerline. d. Installation of engineered structural pavement section to 3 feet west of centerline, as required by the City Engineer. e. Installation of City standard curb and sidewalk. f. Installation of traffic control, stripes and signs. g. Installation of ADA compliant curb ramp at the southeast corner of S. Harriet Avenue and W alters Avenue. h. Construction of conforms to existing public and private improvements, as necessary. W alters Ave: a. Show location of all existing utilities within the new and existing public right of way. b. Relocation of all existing utilities including utility boxes, covers, poles, etc. outside of pavement, curb and gutter area. No utility boxes, covers, poles, etc. will be allowed in the pavement, curb or gutter area. c. Removal of existing street section to centerline. d. Installation of engineered structural pavement section to centerline of W alters Avenue, as required by the City Engineer. e. Installation of City standard rolled curb and gutter. The edge of pavement shall be a consistent 16' from centerline along the property's Walters Avenue frontage. f. Installation of traffic control, stripes and signs. g. Construction of conforms to existing public and private improvements, as necessary. 29. Occupancv: Prior to allowing occupancy for any and/or all buildings, the applicant shall have the required street improvements installed and accepted by the City. 30. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer cleanout(s) shall be relocated or installed on private property behind the public right-of-way line. 31. Utilities: All on-site utilities shall be installed underground per Section 21.18.140 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility compames. 32. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. The plan shall clearly show the location and 'Planning Commission Resolution No. 3628 PLN2004-182 -1360 Harriet Avenue - New Single-Family Residence J Page 8 size of all existing utilities and the associated main lines; indicate which utilities and services are to remain; which utilities and services are to be abandoned, and where new utilities and services will be installed. Joint trenches for new utilities shall be used whenever possible. 33. Pavement Restoration: Based on the utility coordination plan, the applicant shall prepare a pavement restoration plan for approval by the City Engineer prior to any utility installation or abandonment. Streets that have been reconstructed or overlaid within the previous five years will require boring and jacking for all new utility installations. S. Harriet Avenue and Walters Avenue have not been reconstructed or overlaid in the last 5 years. The pavement restoration plan shall indicate how the street pavement shall be restored following the installation or abandonment of all utilities necessary for the project. 34. Storm Drain Area Fee: Prior to issuance of any grading or building permits for the site, the applicant shall pay the required Storm Drain Area fee, currently set at $2,060.00 per net acre, which is $772.00. COUNTY FIRE DEPARTMENT 35. Preliminary Review: Review of this development proposal is limited to acceptability of site access and water supply as they pertain to fire department operations and shall not be construed as a substitute for formal plan review to determine compliance with adopted model codes. Prior to performing any work, the applicant shall make application to, and receive from, the Building Division all applicable construction permits. 36. 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 25th day of January, 2005, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Alderete, Doorley, Francois, Rocha and Roseberry None Gibbons None APPROVED: Bob Alderete, Acting Chair ATTEST: Sharon Fierro, Secretary , ~~...o~.. c~ 10(9 !:: ~ u .. r- o .. 0 ~ ,. ~ os... " ~ c.:" O~CH"v..\) . Attachment #5 CITY OF CAMPBELL. PLANNING COMMISSION Staff Report . January 25,2005 PLN2004-182 Saidian, J. Public Hearing to consider the application of Mr. Jacob Saidian for a Site and Architectural Review Permit (pLN2004-182) to allow the construction of a new single-family residence and retention of an existing secondary living unit on property owned by Mr. Jacob Saidian located at 1360 Harriet Avenue in an R-I-9 (Single Family Residential) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. ST AFF 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 the construction of a new single family residence and the retention of an existing secondary living unit, subject to the attached Conditions of Approval. ENVIRONMENTAL DETERMINATION Staff recommends that the Planning Commission find that this project is Categorically Exempt under Section 15303, Class 3 of the California Environmental Quality Act (CEQA), pertaining to the construction of a new single-family residence in an urbanized area. PROJECT DATA Applicants Proposal: The applicant is requesting approval of a Site and Architectural Review Permit to allow the construction of a new single-family residence and the retention of a second dwelling unit on property located at 1360 Harriet Avenue. The subject property is located on the southeast comer of Walters and Harriet Avenues and is surrounded by single-family residences on the north, south, east and west. The applicant is also proposing the reconstruction of a single..,family residence on the lot to the east of the subject site at 1642 W alters Avenue. The site is currently developed with two single-family residences. The applicant is proposing to retain the easterly residence as a secondary living unit and to remove the other residence with the construction of the new residence. The property is located in an R-1-9 (Single-family Residential) Zoning District and in the San Tomas Neighborhood Plan Area. The existing lot size is 15,085 square feet with a lot width of 147 feet. The lot size and width exceed the minimum standards of 9,000 square feet and 70 foot width required in the R-I-9 Zoning District. Staff Report - Planning Cvmmission Meeting of January 25,2005 PLN2004-182 -1360 Harriet Avenue PROJECT DATA Cate!!orv Gross Lot Area: Net Lot Area: Density: Site Area: Building Coverage: Landscape Coverage: Paving Coverage: Building Area: Proposed Residence: Basement: 1 st Floor: 1 st Floor (porches): Garage: 2nd Floor: Subtotal Page 2 of5 Proposed . 21,820 sq. ft. (0.50 acres) 15,085 sq. ft. (0.346 acres) 2.0 units/gross acre Required/Allowed N/A 9,000 sq. ft. Less than 4.5 units/gross acre 4,815 sq. ft. 31.9% 9,009 sq. ft. 59.2% 1,261 sq. ft. 8.9% 1,252 sq. ft.* 2,856 sq. ft. 118 sq. ft. * 685 sq. ft. 1.056 sq. ft. 5,967 sq. ft. 400 sq. ft. minimum Existing Secondary Living Unit: Living Area: Storage Area Total: 620 sq. ft. 400 sq. ft. 1,020 sq. ft. 6,987 sq. ft.( 4,597 + 1 ,252 basement + 118 porches + 1,020 secondary unit) * Unenclosed porches and basements are not included in the Floor Area Ratio calculation. Floor Area Ratio*: Building Coverage Building Height: Parking: 5,617 sq. ft. (.37 FAR)* 4,679 sq. ft. (31 percent) 6,788 sq. ft. (.45 FAR) 5,280 (35 percent) 27ft. 4 inches 28 ft. 3 covered, 2 uncovered 2 covered, 2 uncovered 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 2.0 units per gross acre. This density calculation does not include the secondary living in that the use is considered ancillary to the single-family use. ,Staff Report - Planning Lommission Meeting of January 25, 2005 PLN2004-182 ~ 13 60 Harriet Avenue Page 3 of5 The proposed project complies with the following General Plan Land Use Element Strategies: Strategy LUT-5.2a: Neighborhood Compatibility: 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. . Strategy LUT-7.2n: Consistencv With Plans: Ensure that new development and substantial remodeling projects are consistent with Specific Plans, Area Plans, City Standard Details, and adopted Streetscape Standards to create a cohesive design. 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. Strategy LUT-17.1b: Landscaping: Ensure that new developments provide new tree plantings, shrubs, greenery and other landscaping materials, and preserve existing trees and shrubs. San Tomas Area Neighborhood Plan: The project site is located in the San Tomas Neighborhood and is subject to the San Tomas Area Neighborhood Plan (STANP.) Staff finds that the proposed project is consistent with the development standards and design guidelines of the STANP. Zoning Classification: The zoning designation for the project site is R-1-9 (Single-Family Residential, 9,000 square foot minimum lot size). The proposed new residence is consistent with the zoning district and meets the development standards of an R -1-9 Zoning District in terms of setbacks, building coverage, floor area ratio, and parking requirements. The existing secondary living unit has a substandard setback of 2.5 feet along the easterly property line where a minimum setback of 8 feet typically would be required, but may be maintained as an existing non-conforming structure. Site Lavout and Architecture: The site plan illustrates the construction of the new two story residence over a partial basement. The site plan situates the residence towards the Harriet A venue frontage where the entry porch is proposed and vehicular access to a three car garage is taken from the Walters Avenue frontage. A rear year setback of 25 feet has been provided along the southern property line and the proposed residence is show approximately 40 feet from the existing secondary living unit. A front yard setback of 20 feet has been shown along the Walters Avenue frontage and a 12 foot setback is maintained along the Harriet Avenue frontage. The proposed residence and secondary living unit cover approximately 31 percent of the proj ect site where a maximum building coverage of 35 percent is permitted. The proposed residence has a contemporary design with well-articulated architectural features. The elevations incorporate representative architectural features of the San Tomas Staff Report - Planning Cummission Meeting of January 25, 2005 PLN2004-182 - 1360 Harriet Avenue Page 4 of5 Neighborhood including simple rectangular shaped forms, gabled rooflines, a composition shingle roof, stucco siding, and an attached three car garage. Building elevations are accentuated with the gabled roof lines, arched windows, decorative trim bands and beam ends at the eaves, planter boxes, and horizontal stucco band at the first floor level. Windows have been enhanced with stucco headers and bases. Colors are shown as 'Wishbone' for walls, 'Off-white' for eaves and trim and 'Shadow Gray' composition shingle for roofing. The proposed project is well designed and is architecturally compatible with the surrounding neighborhood. The two story design minimizes the perceived scale and mass of the residence with a roof design that general sheds to a single story eave line. Most of the second story elements are incorporated into gable roof elements at the second story level. Street Improvements: The STANP requires rolled curbs for drainage purposes along Walters A venue and a concrete curb along the Harriet Avenue frontage. The recommended Conditions of Approval require the preparation of street improvements plan along the Walters and Harriet Avenue frontages. Landscaping: Pursuant to the STANP, the applicant is required to provide one tree per 2,000 square feet of net lot area or 8 trees. The submitted conceptual landscape plan indicates the installation of 6 new trees as a part of the landscape plantings and the site plan retains 5 existing trees on site or a total of 11 trees. Three smaller trees of with trunk diameters smaller than 10 inches would be removed to accommodate the sidewalk and driveway. The applicant will be required to provide a landscape plan, prior to building permit issuance that shows the following: 1) Protection of existing retained trees; 2) Provision of six new trees; and 3) Installation of new fencing consistent with local ordinances. Site and Architectural Review Committee: The Site and Architectural Review Committee reviewed this application at its meeting of January 11, 2005. The Committee identified the following issues regarding the applicant's proposal: 1) Reduce the overall height of the building so that the basement area is less than 2 feet above finished grade; 2) Minimize the two-story wall plane above the front entrance to reduce the perceived massing of the building and the building entrance; and 3) Reduce the amount of paving to the three car garage along the Walters Avenue frontage by narrowing the driveway approach. The applicant has submitted revised plans that illustrate the following changes: 1) The applicant has developed a split level floor plan and revised the preliminary grading plan so that the first floor elevation does not exceed two feet over the finish grade; Staff Report - Planning Lvmmission Meeting of January 25,2005 PLN2004-182 - 1360 Harriet Avenue Page 5 of5 2) A revised elevation has been submitted that eliminates the two story wall at the porch entry; and 3) The site plan depicts a narrowed driveway along Walters Avenue frontage. Attachments: 1. Findings for Approval of File No. PLN2004 -182 2. Conditions of Approval for File No. PLN2004-182 3. Exhibits (Site Plan, Floor Plans, Elevations) 4. Location Map Prepared by: ~ Tim J. H~~ociate Planner Approved by: Attachment #6 ADVANCED DEVELOPMENT 2933 BENJAMIN COURT SAN JOSE, CA 95124 (408) 287-9830 City of Campbell City Clerk 70 North First Street Campbell, CA 95008~1436 RECEIV:E. FEB'O 3 Z005 C11YCLBlK'SOEBI! PIA ~ 100 ~ V<~ /7tOf3 February 2,2005 RE: PLN2004-182-1360 Harriet Avenue Resolution 3628 Appeal of Conditions of Approval set by Public Works Department The following are items of the Condition of Approval required by the Public Works Department and the reason for the Appeal. Item No. 28 Street Improvements General Reason for Appeal: 1. We request that this street improvement condition be replaced by with a Deferred Street Improvement Agreement to be consistent with: A Other recent developments (1570 and 1677 Walters Avenue) which have Deferred Improvement Agreement. B. Department of Public Works has indicated that in the future Harriet Avenue will be widened further by the City east to its ultimate location. Therefore, any improvement by this development at this time would be partially damaged or totally removed. Specific Sub-items a,ppealed in conditions for Harriet Avenue frontage: Sub-item c. Removal of existing street section to 3 feet west of Centerline. Sub-item d. Installation of engineered structural pavement section to 3 feet west of Centerline of Harriet Avenue as required by the City Engineer. Other Reasons for Appeal: 1. The existing pavement structure west of centerline is newly installed in 1998, per approved improvement plan for Permit #97-160, and it appears in excellent conditions and integrity. 2. Site visit indicated that limit of this newly installed pavement is one foot east of centerline. 3. Core Tests taken at Harriet Avenue from the existing pavement at the east of this new pavement and ''Flexible Pavement Structure Section Design" conducted by a Registered Civil Engineer have verified that the existing pavement, which Public Works requests to be removed and replaced, is structurally sound. 4. There is neither a sufficient relationship nor a rough proportionality between the conditions of approval and the impact of the project. Specific Sub-items appealed in conditions for Walters Avenue frontage: Sub-item c. Removal of existing street section to Centerline of Walters. Sub-item d. Installation of engineered structural pavement section to Centerline of Walters Avenue as required by the City Engineer. Other Reasons for Appeal: 1. Core Tests taken from the existing pavement in Walters Avenue, and "Flexible Pavement Structure Section Design" were conducted by a Registered Civil Engineer. The results of these tests and calculations verify that the existing pavement is structurally sound. 2. There is neither a sufficient relationship nor a rough proportionality between the conditions of approval and the impact of the project. Specific Sub-item Sub-item e. Installations of City standard rolled curb and gutter. The edge of pavement shall be a consistent 16 feet from Centerline along the property's Walter's Avenue frontage. Other Reasons for Appeal A. We respectfully disagree with Department of Public Works logic that considers 1360 Harriet Avenue to be contiguous to existing improvement because: 1. The existing curb along the edge of pavement is a temporary measure and will be removed when the City would widen the street. 2. The sidewalk requested by Public Works needs to conform to the existing sidewalk built by Mayson Court Developer. Field measurements have indicated that the entire length of this existing sidewalk is 8 inches below the ultimate level of sidewalk and, therefore, should be removed and replaced. 3. The northerly terminus of this proposed sidewalk with curb ramp also has to be removed when future curb and gutter at the return of Harriet Avenue and Walters Avenue will be installed. 4. Installation of this temporary improvement also has no relation to the rolled curb on Walters Avenue, since these temporary improvement have no effect on drainage in Walters, as set forth by STANP. B. There is neither a sufficient relationship nor a rough proportionality between the conditions of approval and the impact of the project. It is for all of these reasons that I have filed this Appeal and request your further consideration. Sincerely, Jacob Saidian Attachment #7 . . Silll 1 om~I' A rea - NelghhorllOO(J Plan TRANSPORTA nON ISSUES Goal Statement The City should manage and develop the transportation system in the area to retain the rural character while providing for adequate traffic, pedestrian and bicycle circulation and safety. For local streets it is undesirable to introduce urban street standards in those neighborhoods that have remained rural. Objectives 1. Maintain the rural appearance of the local streets in the San Tomas Area. 2. Take the minimum amount of right-of-way and provide only the minimum street widths necessary to maintain appropriate traffic function and safety. 3. Match the actual use of streets with their functional classification and also provide for a more uniform physical appearance along all streets. 4. Traffic through the area should be discouraged and routed via Wmchester Boulevard, Pollard Road, Quito Road and Campbell Avenue. Transportation Policies A. Truck Routes Truck routes in the San Tomas Area should be restricted to arterial routes and only those collectors where the predominant abutting land uses are commercial and industrial. 'This means that only Pollard Road and Wmchester Boulevard are truckroutes within the San Tomas Area and the Campbell Municipal Code should be changed accordingly. B. Street Design Standard Implementation Policies 1. New Streets All newly created streets shall be designed and built according to the San Tomas Public Improvement Plan and the corresponding City Standard details. New streets shall be improved with rolled curbs for improved drainage. Page -20- SLl 11 T ()ma~ /\ 1'C LI - T\Jc.~h:)()rll(,Cl~: Pia:; 2. Existing: Streets Existing streets are required to be improved consistent with the San Tomas Street Improvement Plan (attached). a. Any proposed new development located on those streets identified for street improvements would be required to dedicate right-of-way to the predominant dimension and construct the street to the predominant street width, install curb, gutters, sidewalks and street lights, as necessary. 3. Deferred Improvement Agreements Deferred improvement agreements may be taken in lieu of installation of streetirn.provements in the San Tomas Area, as determined by the. City Engineer. 4. Removal of Existing Improvements Property owners may apply for an encroachment permit to remove existing improvements that are not required under the San Tomas Street Improvement Plan. The property owner shall remove these improvements at their cost. 5. Return of Ex cess Right-of-Way Property owners rnayrequest that any right-of-way no longer necessary under this policy be reverted to the property owner. The City's current procedures for vacation of excess right -of- way will apply. 6. Existin2: Deferred Street Improvement Agreements Previous practice has created a number of secured improvement agreements for properties which under the current San Tomas Policy will no longer be required. A notice of fulfillment of the agreement will be recorded and the securities rennned. 7. Exceptions All exceptions to the policies contained in this document shall be subject to review and approval by the City Council. Page -21-