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PD-Denied by Council-2000March 23, 2000 CITY OF CAMPBELL City Clerk's Office Mr. James Kennedy 587 E1 Patio Drive Campbell, CA 95008 Dear Mr. Kennedy: At the regular meeting of March 21, 2000, the City Council denied your application for a Zone Change (PLN 2000-09), Tentative Parcel Map (PLN 2000-10), and Planned Development Permit (PLN 2000-11) to allow the construction of a single family home at property located at 299 N. Harrison Avenue, Campbell. Resolution No. 9656 denying the Tentative Parcel Map and Resolution No. 9657 denying the Planned Development Permit are enclosed for your records. Should you have any questions in regard to the City Council's action, please do not hesitate to contact Katrina Rice Schmidt, Planner II, Community Development Department. Sincerely, Anne Bybee City Clerk Enc. cc. Katrina Rice Schmidt, Planner II, Comm. Develop. Dept. 70 North First Street - Campbell, California 95008.1423 · TEL 408.866.2117 · F^X 408.374.6889 · TDD 408.866.2790 MEMORANDUM To: From: Re ~ Subject: Katrina Rice Schmidt Plapn.er II Ja~sley DepUty City Clerk March 23, 2000 Approval of Zone Change (PLN 2000-09), Tentative Parcel Map (PLN 2000-10) and Planned Development Permit (PLN 2000-11) to allow the construction of a single family home - 299 N. Harrison At the regular meeting of March 21, 2000, the City Council denied Mr. James Kennedy's application for approval of a Zone Change (PLN 2000-09), Tentative Parcel Map (PLN 2000-10) and Planned Development Permit (PLN 2000-11) to allow the construction of a single family home for property located at 299 N. Harrison Avenue. Please find attached certified copy of Resolution No. 9656 denying the Tentative Parcel Map and Resolution No. 9657 denying the Planned Development Permit together with a copy of the letter written to Mr. Kennedy as follow-up to the City Council's action. Enc. RESOLUTION NO. 9656 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL, DENYING A TENTATIVE PARCEL MAP TO ALLOW THE CREATION OF TWO RESIDENTIAL LOTS ON PROPERTY LOCATED AT 299 N. HARRISON AVENUE IN AN R-M-S (MULTIPLE FAMILY RESIDENTIAL) ZONING DISTRICT. APPLICATION OF MR. JAMES KENNEDY. FILE NO. PLN2000-10 (PM) 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 PLN2000-10 (PM): The lot areas of each of the two lots would be less than the 6,000 square-foot minimmn lot size of one unit on each lot and the 7,000 square-foot minimum for two units on each lot in an R-M-S zone. The proposed improvements on one of the proposed lots would result in a building coverage of 41.6%, which is greater than the 40% maximum coverage allowed in an R- M-S zone. Based on the foregoing findings of fact, the City Council further finds and concludes that, subject to the imposed conditions: 1. The proposed map is not consistent with the R-M-S zoning and General Plan. The proposed design and improvements are not consistent with the R-M-S zoning and General Plan. PASSED AND ADOPTED this 2lst day of call vote: March ., 2000, by the following roll AYES: COUNCILMEMBERS: Dougherty, NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Watson ABSTAIN: COUNCILMEMBERS: None ATTEST · Furtado, Dean, Kennedy Anne Bybee, City Clerk dane P. Kennedy, Mayor ~t~ ~oamc~.a ,"sTau*~'uT ,s ~ CORRECT COP'~ OF THE RESOLUTION NO. 9657 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL DENYING A PLANNED DEVELOPMENT PERMIT (PLN2000-11) TO ALLOW THE CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE ON PROPERTY LOCATED AT 299 N. HARRISON AVENUE IN AN R-M-S (MULTIPLE FAMILY RESIDENTIAL) ZONING DISTRICT. APPLICATION OF MR. JAMES KENNEDY. FILE NO. PLN2000-11 (PD) 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 finds as follows with respect to application PLN2000-11 (PD): 1. The zoning designation for the property is R-M-S. 2. The granting cfa Planned Development Permit would be inconsistent with the R-M-S zoning. Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. The proposed development is not consistent with the R-M-S zoning and General Plan. 2. The design and proposed improvements are not consistent with the R-M-S zoning and General Plan. PASSED AND ADOPTED this 21st .day of March ,2000, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: COUNCILMEMBERS: Dougherty, Furtado, Dean, Kennedy COUNCILMEMBERS: None COUNCILMEMBERS: watson COUNCILMEMBERS: None APPR~,,/,,/f,,;~ ~ /} /9 ~. Kennedy, Mayor F Anne Bybee, City Clerk FOREGOING INSTR'~"~'"/qT ~S A TF~UE CORR.qC, T CCp'z OF THE ORIGINAL ANNE ph'-=~EE, C)TY CLERK, CiTY Amendment to Agreement with Santa Clara County Transit District and Eller Media for Transit Shelter Advertisement Program (Resolution/Roll Call Vote) Resolution 9655 authorizes the Mayor to execute Amendment No. 3 to the Implementation Agreement among Santa Clara County Transit District, the County of Santa Clara, participating cities and Eller Media Company for Transit Shelter Advertising Program, and authorizes the City Manager to execute any future amendments. M/S: Furtado/Dean - to approve the Consent Calendar. Motion adopted by the following roll call vote: AYES : Councilmembers: Dougherty, Furtado, Dean, Kennedy NOES : Councilmembers: None ABSENT: Councilmembers: Watson ORAL REQUESTS Vinay Tatapudy, 1708 Noranda Drive, Apt. 1, Sunnyvale, appeared before the City Council and expressed concerns regarding the practice of using temporary workers throughout the County library system. bo Rosemary Romo, 2960 N. First Street, San Jose, appeared before the City Council and expressed concerns regarding the practice of using temporary workers throughout the County library system. Irene Martell, 2960 N. First Street, San Jose, appeared before the City Council and expressed concerns regarding the practice of using temporary workers throughout the County library system. do Marsha Smith and members of the Downtown Campbell Business Association appeared before the City Council and expressed their appreciation for the City's support of the first annual St. Patrick's event which was a great success. PUBLIC I4E~GS AND INTRODUCTION OF ORDINANCES Application of James Kennedy for approval of a Zone Change (PLN 2000-09) from R-M-S (Multiple Family Residential) to PD (Planned Development); Tentative Parcel Map (PLN 2000-10) to create two lots from a single lot; and a Planned Development Permit (2000-11) to allow the construction of a new single-family Residence on the newly created lot, on property located at 299 N. Harrison Avenue in an R-M-S (Multiple Family Residential) Zoning District (Introduction of Ordinance/Resolution/Roll Call Vote) Minutes of 3/21/2000 City Council Meeting 3 This is the time and place for a public hearing to consider the application of James Kennedy for approval of a Zone Change (PLN 2000-09) from R-M-S (Multiple Family Residential) to PD (Planned Development); Tentative Parcel Map (PLN 2000-10) to create two lots from a single lot; and a Planned Development Permit (2000-11) to allow the construction of a new single-family Residence on the newly created lot, on property located at 299 N. Harrison Avenue in an R-M-S (Multiple Family Residential) Zoning District. Planner I Schmidt - Staff Report dated March 21, 2000. Mayor Kennedy declared the public hearing open and asked if anyone in the audience wished to be heard. Robert Nicholas, P.O. Box 112272, Campbell, appeared before the City Council and spoke against the proposed development stating that a precedent will be set for furore lot splits if this application is approved. Carl Steeves, 383 Harrison Avenue, Campbell, appeared before the City Council and spoke against the proposed development stating that the structure will not be consistent with the character of the neighborhood. Samantha Nessel, 260 and 430 N. Central Avenue, Campbell, appeared before the City Council and spoke against the proposed development stating that the size of the home is too large for the neighborhood. Karen Nessel, 260 and 430 N. Central Avenue, Campbell, appeared before the City Council and spoke against the proposed development stating that the home will not be consistent with the character of the neighborhood. Jennifer Davis, 431 Harrison Avenue, Campbell, appeared before the City Council and spoke against the proposed development citing concerns about the floor area ratio, setbacks, lot coverage and the proposed garage for the existing home. Vince Staub, 372 Harrison Avenue, Campbell, appeared before the City Council and spoke against the proposed development stating that the home is too large and an unacceptable precedent for the neighborhood. Patrick Chandler, 275 Harrison Avenue, Campbell, appeared before the City Council and spoke against the proposed development stating that it is overbuilt for the lot size and would set an unacceptable precedent. Patrick Todd, 362 Harrison Avenue, Campbell, appeared before the City Council and spoke against the proposed development stating that it is too large and would set an unacceptable precedent for the neighborhood. Minutes of 3/21/2000 City Council Meeting 4 Matt Bigham, 290 N. Central Avenue, Campbell, appeared before the City Council and spoke against the proposed development stating it will not be consistent with the character of the neighborhood. Robin Pease, 408 N. Harrison Avenue, Campbell, appeared before the City Council and spoke against the proposed development stating that it will not be consistent with the character of the neighborhood. Dan Bryant, 41 Heritage Village Lane, Campbell, appeared before the City Council and spoke against the proposed development stating that it will not only impact this neighborhood but will impact the character of the community at large. Simon Lambert, 300 N. Central Avenue, Campbeil, appeared before the City Council and spoke against the proposed development stating that it is not consistent with the character of the neighborhood and would have a significant impact on his property which is directly behind the site. Payton Schuler, 291 N. Central Avenue, Campbell, appeared before the City Council and spoke against the proposed development stating that it will not be consistent with the character of the neighborhood. James Kennedy, Applicant, appeared before the City Council and spoke in support of the proposed development stating that his preference was to build single-family homes to be individually owned as opposed to a duplex that equals rental units. Kelly Lambert, 300 N. Central Avenue, Campbell, appeared before the City Council and spoke against the proposed development stating that this will create an unacceptable precedent for the neighborhood. There being no one else wishing to be heard, Mayor Kennedy closed the public hearing. CITY COUNCIL DISCUSSION: In the discussion that followed, Councilmembers expressed concerns about the proposed development including density and the number of variances that would be required for this project. Councilmembers also discussed the possibility of declaring a moratorium for the R-M-S zoning district pending an update to the General Plan that is tentatively scheduled for September. City Attorney Seligmann advised the City Council of the options' available regarding the moratorium. City Attorney Seligmann also advised and recommended findings should the City Council decide to deny the application. Minutes of 3/21/2000 City Council Meeting 5 M/S: Dean/Dougherty - that the City Council deny the Zone Change from Multiple Family Residential (R-M-S) to Planned Development (PD) for property located at 299 N. Harrison Avenue. Motion adopted by the following roll call vote: AYES : Councilmembers: Dougherty, Fur/ado, Dean, Kennedy NOES : Councilmembers: None ABSENT: Councilmembers: Watson M/S: Dean/Dougherty - that the City Council adopt Resolution 9656 denying a Tentative Parcel Map to allow the creation of two separate lots on property located at 299 N. Harrison Avenue based on the following Findings: The lot areas of the proposed two lots would be less than 6,000 square foot minimum lot size for one unit on each lot and the 7,000 square foot minimum for two units on each lot in an R-M-S zone; and 0 The proposed improvements on one of the proposed lots would result in a building coverage of 41.6%, which is greater than the 40% maximum coverage allowed in an R-M-S zone. Based on the foregoing findings, the City Council further f'mds and concludes that: 1. The proposed map is not consistent with the R-M-S zonin~o and General Plan; and 2. The design and proposed improvements are not consistent with the R-M-S zoning and General Plan. Motion adopted by the following roll call vote: AYES : Councilmembers: Dougherty, Furtado, Dean, Kennedy NOES : Councilmembers: None ABSENT: Councilmembers: Watson M/S: Dean/Dougherty - that the City Council adopt Resolution 9657 denying a Planned Development Permit application to allow the development of a new home on the property located at 299 N. Harrison Avenue while maintaining the existing home based on the following Findings: Minutes of 3/21/2000 City Council Meeting 6 1. The zoning designation for the property is R-M-S; and 2. The granting of a Planned Development Permit would be inconsistent with the R-M-S zoning. Motion adopted by the following roll call vote: AYES : Councilmembers: Dougherty, Furtado, Dean, Kennedy NOES : Councilmembers: None ABSENT: Councilmembers: Watson M/S: Dean/Dougherty - that the City Council direct staff to prepare an interim zoning ordinance declaring a moratorium in the R-M-S zoning district pending an update to the General Plan. Motion adopted by a 4-0-1 vote, Councilmember Watson absent. Recess/Reconvene: Mayor Kennedy declared a recess at 8:55 p.m. The City Council reconvened at 9:00 p.m. 10. Application of Roger Cummings for Approval of a Planned Development Permit (PLN 1999-22) and Tree Removal Permit (PLN 2000-12) to allow the conversion of an existing residential use into office use on property located at 63 N. First Street in a PD (Planned Development - Office/Low Medium Density Residential) Zoning District (Resolution/Roll Call Vote) This is the time and place for a public hearing to consider the application of Roger Cummings for Approval of a Planned Development Permit (PLN 1999-22) and Tree Removal Permit (PLN 2000-12) to allow the conversion of an existing residential use into office use on property located at 63 N. First Street in a PD (Planned Development - Office/Low Medium Density Residential) Zoning District. Associate Planner Haley - Staff Report dated March 21, 2000. Mayor Kennedy declared the public hearing open and asked if anyone in the audience wished to be heard. Roger Cummings, 30 Tait Avenue, Los Gatos, appeared before the City Council and spoke in support of the project. Jennifer Scott, 30 Tait Avenue, Los Gatos, appeared before the City Council and spoke in support of the project. Minutes of 3/21/2000 City Council Meeting 7 Council Report ITEM NO.' CATEGORY: MEETING DATE: o Public Hearing March 21, 2000 TITLE Application of Mr. James Kennedy for approvals of a Zone Change (PLN2000-09), Tentative Parcel Map (PLN2000-10) and Planned Development P~mit (PLN2000-11) to allow the construction of a single family home - 299 N. Harrison. RECOMMENDATION The Planning Commission recomm~tlds that the City Council take the following actions: · Grant a Negative Declaration for the proposed project; and Adopt an Ordinance, incorporating the attached findings, APPROVING a Zone Change fi.om Multiple Family Residential (R-M-S) to Planned Development (PD); and Adopt a Resolution, incorporating the attached findings, APPROVING a Tentative Parcel Map to allow the creation of two (2) separate lots, subject to the attached conditions of approval; arid Adopt a Resolution, incorporating the attached findings, APPROVING a Planned Development Permit application to allow the development of a new home on the subject property while maintaining the existing home, subject to the attached conditions of approval. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act, an initial study was prepared for this project. The results of the study determined that no significant environmental impacts would be created as a result of the proposed project. Based upon the information provided in the initial study, staffhas prepared a Negative Declaration for this project. BACKGROUND On January 11, 2000 the Planning Commission reviewed and heard testimony regarding a proposed Zone Change, Lot Split and Planned Development Permit for the subject property. The Commission recommended denial of the project, citing issues such as reduced setbacks and over- building for the property. The applicant withdrew the application prior to the City Council public hearing. The eun'ent application is a new proposal designed in response to the comments that were heard at the Planning Commission public hearing of January 11, 2000. The Planning Commission adopted resolutions recommending approval of the project on February 22, 2000 with a (5-1 - 1 ) vote. Staff Report - City Count.. Meeting of March 21, 2000 PLN 2000-09 (ZC), PLN 2000-10 (PM), PLN 2000-11 (PD) - 299 N. Harrison Avenue Page 2 of 3 ANALYSIS Applicant's Proposal: The existing 1,243 square-foot home will remain on one of the newly created parcels. The existing 534 square foot garage on site will be demolished to accommodate a new home on the other new parcel. A 2,490 square-foot house (including basement) with a 449 square foot attached garage is proposed for the new lot. A new 220 square-foot detached garage is proposed for the existing house. The new garage will be located at the side of the existing house, 25-feet from the public right-of-way at Harrison Avenue. General Plan Designation: The proposed project will be developed at a density of 6.4 units per gross acre, consistent with the Low-Medium Density Residential General Plan land use designation for the site, which allows for a density of 6 to 13 dwelling units per gross acre. The site is also located within an area subject to the Downtown Neighborhood Development Policies, which includes guidelines for Low-Medium Density Residential development. The project complies with the guidelines and is consistent with the Downtown Neighborhood Development Policies. Zoning Consistency: The project site is zoned Multiple Family Residential (R-M-S). The applicant is requesting a Zone Change to Planned Development (PD). The proposed project does not allow any additional living units than would normally be allowed in the R-M-S Zoning District for the property. The proposal is requesting flexibility from typical requirements as follows: · Both lots are smaller than the typical 6,000 square foot lot required for single-family homes in the R-M-S District; · One lot is 55 feet in width, where 60 feet is typically required for single-family homes in the R-M-S District; · One lot has slightly higher building coverage (41.6%) than the 40% typically required in the R-M-S District; · Both lots have setbacks that are smaller than typical residential requirements; · One lot has less open space than the 750 square feet per unit that is typically required for single-family homes. The Planned Development zoning designation allows greater flexibility in the arrangement of buildings on site and building design in order to promote a quality development that is consistent and compatible with the character of the surrounding neighborhood. The proposed project achieves this goal by providing detached units, with similar setbacks to those that exist on the street, while maintaining the existing single-family house. Tentative Parcel Map: The applicant has submitted a tentative parcel map for a lot split. The map proposes one parcel at 4,361 net square feet and the other parcel at 3,300 net square feet. The proposed map is consistent with the General Plan. The tentative parcel map is also consistent with plans submitted for the requested Zone Change and Planned Development Permit. Staff Report - City Council Meeting of March 21, 2000 PLN 2000-09 (ZC), PLN 2000-10 (PM), PLN 2000-11 (PD) - 299 N. Harrison Avenue Page 3 of 3 Planned Development Permit: The PD Permit allows the existing house to remain, which provides architectural continuity with other houses that face Harrison Avenue. The PD Permit also restricts the front house to a single-story configuration. The PD Permit allows for two single-family homes on site, instead of a duplex configuration, which would be the most likely configuration if the site were to be redeveloped. The PD Permit and Parcel Map allow for ownership opportunity for both houses, as each unit is on a separate lot. ALTERNATIVES 1. Approve the proposed project, subject to the conditions of approval. 2. Approve the proposed project with modifications. 3. Deny the proposed project. FISCAL IMPACTS None Attachments: 1. Draft City Council Ordinance 2. Draft City Council Resolutions 3. Planning Commission Resolution Nos. 3258, 3259 and 3260 4. Petitions for/against project 5. Planning Commission Minutes of January 22, 2000 6. Planning Commission Report of January 22, 2000 Prepared by: Reviewed by: Approved by: 'I~atfina Rice Schmidt, AICP, Project Planner Sharon Fierro, Interim Community Development Director BemardJ~/l. ~rojyager .o¥. CITY OF CAMPBELL Community Development Department · Current Planning February 25, 2000 Mr. James Kennedy 598 E1 Patio Drive Campbell, CA. 95008 Re: PLN2000-09 (ZC)/PLN2000-10 (PM)/PLN2000-11 (PD) - 299 N. Harrison Avenue Dear Mr. Kennedy: Please be advised that the Planning Commission, at its meeting of February 22, 2000, took the following actions: 1. Adopted Resolution No. 3258 recommending approval of a Zone Change from R-M-S (Multiple Family Residential) to PD (Planned Development); and 2. Adopted Resolution No. 3259 recommending approval of a Tentative Parcel Map to allow the creation of two residential lots; and 3. Adopted Resolution No. 3260 recommending approval of a Planned Development Permit to allow the construction of a new single-family residence on the newly created lot; and 4. Recommended that the City Council grant a Negative Declaration for this project. This project is tentatively set for consideration by the City Council at its meeting of March 21, 2000. If you have any questions, please do not hesitate to contact me at (408) 866-2140. Sincerely, Katrina Rice Schmidt, AIC Planner II 70 North First Street · Campbell, California 95OO8.1423 · TEL 408.866.2140 · F^X 408.866.8381 · TDD 408.866.2790 RESOLUTION NO. 3258 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A ZONE CHANGE FROM R-M-S (MULTIPLE FAMILY RESIDENTIAL) TO PD (PLANNED DEVELOPMENT) FOR PROPERTY LOCATED AT 299 N. HARRISON AVENUE. APPLICATION OF MR. JAMES KENNEDY. FILE NO. PLN2000-09 (ZC). After notification and public hearing, as specified by law on the proposed amendments to the Zoning Map of the City of Campbell, and after presentation by the Community Development Director, proponents and opponents, the Planning Commission did determine that a change should be made to the Zoning Map based upon the following findings: The proposed project will be developed at a density of 6.4 units per gross acre, which is consistent with the General Plan designation of Low-Medium Density Residential (6 - 13 units per gross acre). 2. The proposed Zone Change is consistent with the policies of the Downtown Plan of the General Plan. o The proposed Planned Development (PD) zoning will permit greater flexibility in the arrangement of the buildings on the site to promote development of a project, which is consistent and compatible with the character of the surrounding neighborhood. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: The proposed development and uses clearly will result in a more desirable environment and use of the land than would be possible under any other zoning classification. 2. The development and uses will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. o No substantial evidence has been presented which allows that the project, as currently presented, and subject to the required conditions of approval, will have a significant adverse impact on the environment. 4. No evidence has been presented which shows that the project will have a substantial impact on plant or animal life. Planning Commission ~ ,olution No. 3258 PLN2000-09 - 299 N. Harrison Avenue - James Kennedy Page 2 The Planning Commission of the City of Campbell recommends that the City Council enact the attached Ordinance making effective the recommended changes to the Zoning Map. PASSED AND ADOPTED this 22nd day of February, 2000, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: COMMISSIONERS: Francois, Gibbons, Keams, Lindstrom, Lowe COMMISSIONERS: Hernandez COMMISSIONERS: Jones COMMISSIONERS: None ATTEST: APPROVED: Sharon Fierro, Secretary Elizabeth Gibbons, Chair RESOLUTION NO. 3259 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL, RECOMMENDING APPROVAL OF A TENTATIVE PARCEL MAP TO ALLOW THE CREATION OF TWO RESIDENTIAL LOTS ON PROPERTY LOCATED AT 299 N. HARRISON AVENUE IN AN R-M-S (MULTIPLE FAMILY RESIDENTIAL) ZONING DISTRICT. APPLICATION OF MR. JAMES KENNEDY. FILE NO. PLN2000-10 (PM) After notification and public hearing, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application PLN2000-10 (PM): The proposed density of 6.4 units per gross acre is within the density range of the Low- Medium General Plan designation (6 - 13 units per gross acre). The proposed map is consistent with the proposed Zone Change to Planned Development as the map divides the land in such a way to encourage single-family detached development. o The proposed map is consistent with the proposed development plans as submitted for the Planned Development Permit as the map divides the land in such a way to accommodate single-family development. 4. The proposed subdivision layout allows for access to sunlight. Based on the foregoing findings of fact, the Planning Commission further finds and concludes that, subject to the imposed conditions: 1. The imposed subdivision is consistent with the General Plan. The proposed subdivision does not impair the balance between the housing needs of the region and the public service needs of its residents and available fiscal and environmental resources. o The design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities. 4. The proposed project will aid in the harmonious development of the immediate area. Planning Commission Rest_ .:ion No. 3259 PLN2000-10 (PM) - 299 N. Harrison Avenue - James Kennedy/Parcel Map Page 2 The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the ordinance of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified: COMMUNITY DEVELOPMENT DEPARTMENT 1. Approved Project: Approval is granted for a Tentative Parcel Map allowing the creation of two residential lots for the development of a single-family home and preservation of one existing single family home on property located at 299 N. Harrison Avenue. The map shall substantially conform to the map prepared by Marvin D. Kirkeby, Registered Civil Engineer, received by the Planning Division on January 19, 2000 except as may be modified by the Conditions of Approval herein. Development of the property shall substantially conform to the approved PD Permit (PLN2000-00011). Property Maintenance: Between the time when the existing garage is demolished and the new home is built, the property shall be maintained free of any combustible trash, debris and weeds, until the time that actual construction commences. Park In-Lieu Fee: Applicant to pay an in-lieu fee of park dedication of $7,035 per unit. 75% of the fee is due prior to recordation of the final subdivision map. 25% of the fee is due prior to certificate of occupancy. Tree Protection/Replacement Plan: Applicant to submit a tree protection plan for approval by the Community Development Director addressing protection of existing trees and replacement of removed trees consistent with the Water Efficient Landscaping Standards (WELS) prior to issuance of Building Permits. PUBLIC WORKS DEPARTMENT 5. Preliminary Title Report: Prior to recordation of the Parcel Map, the applicant shall provide a current Preliminary Title Report. o Public Service Easement: Prior to recordation of the Parcel Map, the applicant shall grant a 10-foot Public Service Easement on private property contiguous with the public right- of-way along the Tubby Street 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. Street Improvements: Prior to recordation of the Parcel Map, the applicant shall cause plans for public Street Improvements to be prepared by a registered civil engineer, pay fees, execute a street improvement agreement, post security and provide insurance Planning Commission Res, ,tion No. 3259 PLN2000-10 (PM) - 299 N. Harrison Avenue - James Kennedy/Parcel Map Page 3 o 10. 11. necessary to obtain an encroachment permit for construction of the improvements, as required by the City Engineer. The plans shall include the following: A. Removal of the existing substandard 3' wide concrete sidewalk, curb ramp, and driveway approach. B. Preservation of existing street trees. C° Construction of 2 new concrete driveway approaches, new 4.5 foot residential separated sidewalk, curb ramp, and curb/gutter as necessary, all in compliance with ADA. D. Construction of street trees and irrigation at 40' on center, if necessary. E. Installation of new standard streetlight in accordance with the City's Street Lighting Policy. F. Installation of all existing and proposed water meters and sewer cleanouts on private property behind the public right-of-way line. Utilities: All new on-site Utilities shall be installed underground per Section 20.36.150 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. Utility Installation Plan: Prior to issuance of building permits for the site, the applicant shall submit a Utility Installation Coordination Plan and Schedule for approval by the City Engineer prior to installation of street improvements and/or abandonment of utilities. Streets that have been resurfaced within the previous 5 years will require boring and jacking for all new utility installations. Applicant shall also prepare pavement restoration plans for approval by the City Engineer prior to any utility installation or abandonment. Maintenance Security: Prior to issuance of occupancy approval for the site, all public street improvements required by the encroachment permit must be completed and accepted by the City and the applicant must provide a one-year Maintenance Security in an amount of 25% of the Faithful Performance Bond. Grading and Drainage Plan: Prior to issuance of any grading, drainage or building permits for the site, the applicant shall conduct hydrology studies based on a 10 year storm frequency, prepare an engineered Grading and Drainage Plan, and pay fees required to obtain necessary grading permits. The plans shall comply with the 1994 edition of the UBC including Chapters 18, 33, and Appendix Chapter 33. Planning Commission Rest ..,'ion No. 3259 PLN2000-10 (PM). - 299 N. Harrison Avenue - James Kennedy/Parcel Map Page 4 12. Storm Drain Area Fee: Prior to issuance of any grading, drainage, or building permits for the site, the applicant shall pay the required Storm Drain Area fee which is $2,250.00 per acre. 13. Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permitting requirements and the California Storm Water Best Management Practices handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley Water District and the City of Campbell Municipal Code regarding Storm Water Pollution Prevention. 14. (Final) Parcel Map: Prior to issuance of any building permits for the site, the applicant shall submit a (Final) Parcel Map for recordation upon approval by the City. The current plan check fee is $1,125 plus $25 per parcel. 15. Monuments: Prior to recording Final Parcel Map, applicant shall provide security guaranteeing the cost of setting all monuments shown on the Parcel Map, as determined by the City Engineer. 16. Demolition: Prior to recording of the Final Parcel Map the applicant shall obtain a Demolition Permit for any structures that will have a setback violation. PASSED AND ADOPTED this 22nd day of February, 2000, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: COMMISSIONERS: Francois, Gibbons, Keams, Lindstrom, Lowe COMMISSIONERS: Hemandez COMMISSIONERS: Jones COMMISSIONERS: None APPROVED: Elizabeth Gibbons, Chair ATTEST: Sharon Fierro, Secretary RESOLUTION NO. 3260 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A PLANNED DEVELOPMENT PERMIT (PLN2000-11) TO ALLOW THE CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE ON PROPERTY LOCATED AT 299 N. HARRISON AVENUE IN AN R-M-S (MULTIPLE FAMILY RESIDENTIAL) ZONING DISTRICT. APPLICATION OF MR. JAMES KENNEDY. FILE NO. PLN2000-11 (PD) 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 finds as follows with respect to application PLN2000-11 (PD): The proposed Planned Development Permit is consistent with the General Plan designation of Low- Medium Density Residential (6 - 13 units per gross acre), as the proposed project will be developed at a density of 6.4 units per gross acre. The proposed Planned Development Permit is consistent with the proposed Zoning District of Planned DeveloPment as the project maintains similar site layout to other properties in the neighborhood, aiding in the harmonious development of the immediate area. 3. The proposed project provides an attractive street frontage through the preservation of the existing single-family home and the creation of a new single-family home that is oriented to the street. 4. An initial study was prepared for this project and concludes that there are no unmitigated significant environmental impacts. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: The proposed development and uses clearly will result in a more desirable environment and use of the land than would be possible under any other zoning classification, as the project allows for two detached single-family homes when the zoning code would only allow an attached two-family dwelling to be built. 2. The development and uses will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. o The proposed development would not result in allowing more residential units than would be allowed by other residential zoning districts which are consistent with the General Plan designation of the property. Planning Commission Resolu~ ,~ No. 3260 PLN2000-11 - 299 N. Harrison Avenue - Planned Development Permit Page 2 The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. o An initial study has been prepared which concludes that a Negative Declaration should be prepared. No substantial evidence has been presented which shows that the project, as currently presented, and subject to the required conditions of approval, will have a significant adverse impact on the environment. No evidence has been presented which shows that the project will have a substantial impact on plant or animal life. COMMUNITY DEVELOPMENT DEPARTMENT Approved Project: Approval is granted to construct a new single-family residential house facing Tubby Street and an attached one-car garage for an existing house on property located at 299 N. Harrison Avenue. The building designs shall substantially conform to the site plan and elevations prepared by Alex G. DuVon, Building Designer, received by the Planning Division on January 19, 2000, except as may be modified by the Conditions of Approval herein. Building Elevations, Details and Colors: The applicant shall submit detailed building elevations and exhibits depicting high quality materials with significant architectural details for the new house and the new detached garage. Detailed elevations and exhibits shall be reviewed by and approved by the Community Development Director upon recommendation of the Architectural Advisor prior to the issuance of building permits. Project details include, but are not limited to, the following: A. Provision of details of materials to be used on the exterior walls and building trim. B. Provision of a color/material sample board specifying color palette, textures and materials. C. Provision of roof samples or brochures that show the color and material of the proposed roofing. D. Provision of window schedules for high quality windows and window treatments showing the windows recessed from the outer wall of the building and substantial trim. o Landscaping: The applicants shall submit four copies of a detailed landscape and irrigation plan to be reviewed and approved by the Community Development Director prior to issuance of any building permits for the site. A. All trees planted on site shall be a minimum 15-gallon size. Shrubs shall be a minimum of Planning Commission Resolu. a No. 3260 PLN2000-1 ! - 299 N. Harrison Avenue - Planned Development Permit Page 3 o o o ° 10. 5-gallon size and shall be planted no less than 30 inches on center. Bo Removal of any trees shall require replacement of trees on site in accordance with replacement standards of the City's Water Efficient Landscape Standards (WELS) and the Tree Protection Ordinance. C. All landscaping installed as required per the approved landscape plan shall be maintained in good health. D. Applicant shall obtain encroachment permits from the City of Campbell for all work performed within the right-of-way. E. All landscaping shall be installed prior to building occupancy. Fences and Wall Plan: Fencing shall be provided at the rear and side property lines, to the satisfaction of the Community Development Director. Any newly proposed fencing shall comply with Section 21.59.090 of the Campbell Municipal Code and shall be submitted for review and approval by the Community Development Department. Verification of Setbacks: Prior to issuance of building permits, the developer shall stake the setbacks and the City shall verify the dimensions. Any discrepancy with dimensions shall result in a reduction of the size of the house, not the size of the setbacks. Permits Required: A building permit application shall be required for the proposed structures. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of construction plans submitted for building permits. Size of Plans: The maximum size of construction plans submitted for building permits shall be 24 inches by 36 inches. 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. A licensed civil engineer specializing in soils mechanics shall prepare this report. Foundation Inspections: A pad certificate prepared by a licensed civil engineer or land surveyor shall be submitted to the project's building inspector upon foundation inspection. This certificate shall certify compliance with the recommendations as specified in the soils repot and the building pad elevation and on-site retaining wall locations and elevations are pared 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: Planning Commission Resolm. a No. 3260 PLN2000-11 - 299 N. Harrison Avenue - Planned Development Permit Page 4 A. Pad elevation B. Finish floor elevation (first floor) C. Foundation comer locations. 11. Title 24 Energy Compliance: California Title 24 Energy Compliance forms CF-IR and MF-1R shall be blue-lined on the construction plans. 12. Special Inspections: When a special inspection is required by U.B.C. Section 1701, the architect or engineer of record shall prepare an inspection program that shall be submitted tot 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's Special Inspection Forms from the Building Inspection Division counter. 13. Stormwater Runoff: 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-inch by 36-inch) is available at the Building Division service counter. 14. Approvals Required: The project requires the following agency approval prior to issuance of the building permit. A. West Valley Sanitation District B. Santa Clara County Fire Department C. Santa Clara County Health Department D. School District: i. Campbell Union School District ii. Campbell Union High School District 15. Grading and Drainage Plan: A Grading and Drainage Plan shall be submitted and approved by the Building Official prior to issuance of a Building Permit. SANTA CLARA COUNTY FIRE DEPARTMENT 16. Development 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 apply to the Building Department for applicable Planning Commission Resolut,., No. 3260 PLN2000-11 - 299 N.. Harrison Avenue - Planned Development Permit Page 5 17. construction permits. Premise Identification: Approved numbers or addressed 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. PUBLIC WORKS DEPARTMENT 18. Preliminary Title Report: Prior to recordation of the Parcel Map, the applicant shall provide a current Preliminary Title Report. 19. Public Service Easement: Prior to recordation of the Parcel Map, the applicant shall grant a 10- foot Public SerVice Easement on private property contiguous with the public right-of-way along the Tubby Street 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. 20. Street Improvements: Prior to recordation of the Parcel Map, the applicant shall cause plans for public Street Improvements to be prepared by a registered civil engineer, pay fees, execute a street improvement agreement, post security and provide insurance necessary to obtain an encroachment permit for construction of the improvements, as required by the City Engineer. The plans shall include the following: A. Removal of the existing substandard 3-foot wide concrete sidewalk, curb ramp, and driveway approach. B. Preservation of existing street trees. B. Construction of 2 new concrete driveway approaches, new 4.5 foot residential separated sidewalk, curb ramp, and curb/gutter as necessary, all in compliance with ADA. D. Construction of street trees and irrigation at 40 feet on center, if necessary. E. Installation of new standard streetlight in accordance with the City's Street Lighting Policy. F. Installation of all existing and proposed water meters and sewer cleanouts on private property behind the public right-of-way line. 21. Utilities: All new on-site Utilities shall be installed underground per Section 20.36.150 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serVing utility companies. 22. Utility Installation Plan: Prior to issuance of building permits for the site, the applicant shall Planning Commission Resolm_., No. 3260 PLN2000-11 - 299 N. Harrison Avenue - Planned Development Permit Page 6 submit a Utility Installation Coordination Plan and Schedule for approval by the City Engineer prior to installation of street improvements and/or abandonment of utilities. Streets that have been resurfaced within the previous 5 years will require boring and jacking for all new utility installations. Applicant shall also prepare pavement restoration plans for approval by the City Engineer prior to any utility installation or abandonment. 23. Maintenance Security: Prior to issuance of occupancy approval for the site, all public street improvements required by the encroachment permit must be completed and accepted by the City and the applicant must provide a one-year Maintenance Security in an amount of 25% of the Faithful Performance Bond. 24. Grading and Drainage Plan: Prior to issuance of any grading, drainage or building permits for the site, the applicant shall conduct hydrology studies based on a 10 year storm frequency, prepare an engineered Grading and Drainage Plan, and pay fees required to obtain necessary grading permits. The plans shall comply with the 1994 edition of the UBC including Chapters 18, 33, and Appendix Chapter 33. 25. Storm Drain Area Fee: Prior to issuance of any grading, drainage, or building permits for the site, the applicant shall pay the required Storm Drain Area fee which is $2,250.00 per acre. 26. Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permitting requirements and the California Storm Water Best Management Practices handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley Water District and the City of Campbell Municipal Code regarding Storm Water Pollution Prevention. 27. (Final) Parcel Map: The applicant shall submit and record a (Final) Parcel Map upon approval by the City prior to issuance of any building permits for the site. The current plan check fee is $1,125 plus $25 per parcel. 28. Monuments: Prior to recording Final Parcel Map, applicant shall provide security guaranteeing the cost of setting all monuments shown on the Parcel Map, as determined by the City Engineer. 29. Demolition: Prior to recording of the Final Parcel Map the applicant shall obtain a Demolition Permit for any structures that will have a setback violation. PASSED AND ADOPTED this 22nd day of February, 2000, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: COMMISSIONERS: Francois, Gibbons, Keams, Lindstrom, Lowe COMMISSIONERS: Hernandez COMMISSIONERS: Jones COMMISSIONERS: None Planning Commission Resolu .~ No. 3260 PLN2000-11 - 299 N. Harrison Avenue - Planned Development Permit Page 7 APPROVED: Elizabeth Gibbons, Chair ATTEST: Sharon Fierro, Secretary Attachment #5 Planning Commission Minutes of February 22, 2000 Page 2 ORAL REQUESTS Mr. Robert Nicholas, P.O. Box 112272, Campbell, CA 95008: · Advised that he has generated a neighborhood petition, which asks the City to modify its General Plan immediately to prevent zone changes and lot splits in their area. · Asks that the City work to "preserve the current charm and character..." of the Harrison Avenue neighborhood. · Stated that he and his neighbors do not want to see a repeat of what has occurred on Central to occur on Harrison Avenue. Chairperson Gibbons asked Mr. Nicholas whether he has spoken with staff regarding the General Plan Update schedule. Mr. Robert Nicholas replied that he had. Chairperson Gibbons encouraged Mr. Nicholas to keep in regular contact with staff to keep updated on the General Plan. She asked staff is there was anything else Mr. Nicolas needed to do. Ms. Sharon Fierro replied that there was not. PUBLIC HEARING Chairperson Gibbons read Agenda Item No. 1 into the record. PLN2000,09/10/ll Kennedy, J. Public Hearing to consider the application of Mr. James Kennedy for approval of a Zone Change (PLN2000-09) from R- M-S (Multiple Family Residential) to PD (Planned Development); a Tentative Parcel Map (PLN2000-10) to create two lots from a single lot; and a Planned Development Permit (PLN2000-11) to allow the construction of a new single-family residence on the newly created lot, on property located at 299 N. Harrison Avenue in an R-M-S (Multiple Family Residential) Zoning District. A Negative Declaration has been prepared for this project. Tentative City Council Meeting Date: March 21, 2000. Ms. Katrina Schrnidt, Planner II, presented the staff report as follows: · Advised that this applicant had initially brought his project before the Planning Commission on January 11, 2000, where the Commission recommended that Council deny approval. · Rather than go forward to Council, the applicant withdrew his project and reapplied. · The new proposal has been redesigned to meet concerns outlined at the January 11, 2000, Planning Commission meeting. Planning Commission Minutes of February 22, 2000 Page 3 With the revised plan, the existing house remains, the existing garage is demolished with a new 220 square foot attached garage to be constructed for the existing house. The new home will consist of 2,490 square feet with a 449 square foot attached garage. · The density of the project is 6.4 units per gross acre. · Advised that with the current zoning, the property could accommodate a duplex. · Stated that both lots are smaller than those in the surrounding area with 55 foot frontages instead of the required 60. One lot is proposed at 40% building coverage. Some of the setbacks are reduced and there is less open space. · Advised that the Planned Development offers greater flexibility. Said that the PD Zoning restricts the height of the front house. · Staff advises that this project helps maintain the existing home and offers homes for ownership. · The project is designed with entry features, hip and gable roofs, shuttered windows and multi-paned windows. · Staff recommends that the Planning Commission recommend that Council adopt a Negative Declaration, and Resolutions recommending approval of a Zone Change, Parcel Map and Planned Development Permit. · Advised that the applicant has provided a petition from the neighbors supporting his project. Commissioner Lindstrom asked staff if the applicant could construct a duplex without a public hearing. Ms. Katrina Rice Schmidt advised that the applicant could construct a duplex on the site with just Site and Architectural Review. Commissioner Hernandez asked for the lot sizes in the immediate area. Ms. Katrina Rice Schmidt advised that the lots range from 5,000 to 8,000 square feet. Commissioner Hemandez asked if them are similarly sized homes in the area to the proposed new home. Ms. Katrina Rice Schmidt replied that there are some similarly sized homes. Additionally, there are many properties with secondary living units, some of which are legal while some are not. Chairperson Gibbons clarified that a duplex could be built on the property without the need for a zone change and with only SARC review. Commissioner Lowe asked why the Planned Development Zoning is needed. Ms. Katrina Rice Schmidt advised that the PD Zoning provides flexibility, including smaller lots. Commissioner Lowe asked that in future staff include requirements to any charts provided within a staff report. He thanked staff for the detail of the staff reports provided. Planning Commission Minutes of February 22, 2000 Page 4 Commissioner Lindstrom provided the Site and Architectural Review report as follows: · SARC reviewed revised plans on February 8, 2000, and was supportive of the new garage for the original house and the reduced size of the proposed new house which also meets front setbacks. · SARC supports this project. Chairperson Gibbons opened the Public Heating for Agenda Item No. 1. Mr. Patrick Chandler, 275 Harrison Avenue: · Stated his opposition to this proposed project. · Expressed concern that this project will set a precedent for his neighborhood and could change the look of the area. · Said that this project does not maintain continuity of the neighborhood. Commissioner Hemandez asked Mr. Chandler if he had objection to the existing single-family residence at 299 N. Harrison Avenue being made bigger. Mr. Patrick Chandler replied that he would have no problem with that possibility. Stated that his objection is to splitting the lot. Advised that he had added onto his own home. Commissioner Francois asked Mr. Chandler if he would object to a duplex being constructed on this site. Mr. Patrick Chandler replied that he would have no problem with a duplex as long as it is designed to be architecturally compatible with the surrounding area. Commissioner Lowe asked if this project has unusual circumstances. Ms. Katrina Rice Schmidt advised that most lots have 50 foot frontages along Harrison which do not meet current standards. Chairperson Gibbons informed that 55 feet is the current frontage standard with an additional 15 feet required to allow for development of a flag lot. Ms. Katrina Rice Schmidt advised that Planned Development projects must comply with density standards outlined in the City's General Plan. Ms. Jennifer Davis, 431 Harrison Avenue. · Advised that she addressed the Commission about this project at their last meeting. · Stated that she is still opposed to the proposed lot split on a lot that is substandard to begin with. · Stated that this project is not consistent with the neighborhood. · Provided a petition, signed by 30 area residents, which asks the Commission to oppose this project's request for a Zone Change, Parcel Map and Planned Development Permit. Planning Commission Minutes of February 22, 2000 Page 5 · Mentioned two lots on Central that were combined and developed with four homes. · Provided some photographs depicting both Central and Harrison Avenues. Mr. Simon Lambert, 300 N. Central Avenue. · Stated that his property is located directly behind the project site. · Said that he is opposed to this project because the coverage is excessive and the setbacks don't meet requirements for a 6,000 square foot lot. · Stated that the two-story would be an eyesore from his home that he purchased last year. · Said that density is an issue · Said that the existing home at 299 N. Harrison does not represent blight. There are other properties in the region that are a blight. · Said that if a duplex is not desirable for this property, the City should reject any possibility of constructing a duplex on this property. · Stated that staff is here to uphold the City's requirements and that he expects staff to reject this project and allow the Commission to review that denial. · Provided a petition from Central Avenue with 25 names of people who do not want increased density on their street. · Said that with the 51 new homes coming to Harrison with the Summerhill Project, this area is doing its fair share to provided housing. · Said that since the rezoning of the immediate area is being considered as a part of the General Plan Update, the City should wait until that process is done before acting on this application. · Stated that the reason for this process (Commission review) is to allow the review of projects to see if they are in the best interest of the community. Commissioner Lowe asked Mr. Lambert whether he would support the construction of a duplex on this site. Mr. Simon Lambert replied that he would. Said that he rejects the idea of this project being the better of two evils. The worst evil is to stuff two single family dwellings onto substandard lots. Chairperson Gibbons asked staff to discuss lot coverage between this project and a potential duplex project. Ms. Katrina Rice Schmidt: · Said that a duplex could be constructed with a lot size of 7,600 square feet. · The duplex footprint could include a 3,064 square foot first story. · Setbacks for a duplex would be 15 feet from Harrison Avenue, 12 feet from Tubby and 5 feet or V2 the building wall height, whichever is greater, for the side and rear yard setbacks. · The duplex structure could be up to 2 ~/: stories with a total height of 35 feet. · Open space requirements for a duplex are only 225 square feet while they are 770 square feet for R-1 (Single Family Residential). Planning Commission Minutes of February 22, 2000 Page 6 Chairperson Gibbons clarified that the footprint for a duplex structure will equal the footprint of this proposed project. Mr. James Kennedy, 299 N. Harrison: · Said that the comments made are interesting. · Said that he is trying to do the most possible with the lot. · Stated that what he is proposing is less than he could build as a duplex but that he prefers to build single-family homes that can be individually owned as opposed to a duplex that equals rental units. · Said that the neighborhood petitions are interesting. · Advised that he had spoken with adjacent neighbors who were supportive. · Said that he has spent considerable time developing this project, having six sets of drawings made. · Reminded that this is a multi-unit zoned area. Commissioner Lowe asked Mr. Kennedy if he is occupying the house on this property. Mr. James Kennedy advised that his best friend is living in the existing home and will be purchasing the home from him. Commissioner Francois asked if Mr. Kennedy has paid fees to have this project reviewed. Mr. James Kennedy responded that he has paid plenty in fees. Mr. Robert Nicholas, P.O. Box 112272, Campbell, CA 95011: · Said that if Mr. Kennedy were to propose a duplex instead of this project, he would not need to ask for eight variances. · Said that this project sets a bad precedent. · Advised that Mr. Kennedy is building a project on El Patio with large residences on that site. · Said that he is against the R-M-S Zoning and this project. · Advised that there are currently four cars parked on the street by the resident at 299 N. Harrison Avenue and one in the driveway. · Said that adding a second home to the site will only increase the number of cars parked on the street. · Stated that the new building will cast shadow on neighboring properties. · Advised that there is a very large tree on Harrison which will have to be cut down to make place for the new driveway for the original house. · Said that he does not want to see Harrison become a hodgepodge of buildings. · Asked that staff make sure that whatever is approved is actually constructed. Commissioner Lowe advised that when he evaluates a project he has empathy for the neighbors and tries to consider how he feels a particular proposal would impact his own neighborhood. Planning Commission Minutes of February 22, 2000 Pa~e 7 Added that single family owner versus renters is beneficial to the neighborhood which makes this proposal better than a potential duplex development. Mr. Nicholas stated that he had "no problem" with renters versus owners. Mr. Mel Lindstrom asked Mr. Nicholas to clarify exactly where in the area he resides since he provides only a P.O. address. Mr. Robert Nicholas replied that his home is on Harrison Avenue. Mr. Mel Lindstrom advised that he knows that there are already two-story duplexes in the area. Mr. Matthew Bingham, 298 N. Central: · Said that Central Avenue has mismatched architecture while Harrison has a consistent feel to it. · Stated that he is counting on the Planning Commission to protect the integrity of the area instead of seeming to protect Mr. Kennedy's interests. Chairperson Gibbons closed the Public Hearing for Agenda Item No. 1. Commissioner Francois: · Stated that the applicant has done the best he can with the project by reducing the size and adjusting the setbacks. · Said that this project is better than a duplex project. · Said that this is a good project which he supports. Commissioner Lindstrom: · Said that he visited the area and looked at Harrison Avenue. · Said that with this project, nothing changes on Harrison Avenue's frontage. · The new house is on Tubby and fits in the area. · Stated his support for the project. Chairperson Gibbons stated that she likes the idea of maintaining the existing home. Commissioner Lowe: · Mentioned the high cost of land as demonstrated by recent news articles about a 1,100 square foot house in Palo Alto selling for $700,000 and a 800 square foot home selling in Campbell for $350,000. · Said that it is clear that people want to maintain the integrity of their area. · Stated that this project is the best of two evils and that change does happen. · Expressed his support for the project. Commissioner Hemandez: · Said that the applicant has gone out of his way to achieve a positive goal. ,Planning Commission Minutes of February 22, 2000 Page 8 · Stated that Mr. Lambert has made good comments regarding density. · Said that he would like to see the property with a single residence. · Said that he is leaning toward not supporting this project. Commissioner Kearns stated that she concurred with Commissioners Lindstrom and Lowe and will support the project. Chairperson Gibbons posed the question as to whether this project is setting a precedent for the area, an important consideration. Commissioner Lowe stated that this project is not setting a precedent as the cimumstances of the comer lot are unique to this application. Said that every project must be evaluated on its own merits. Commissioner Lindstrom agreed. Commissioner Keams reminded that a zone change is under consideration with the General Plan Update. Motion: Upon motion of Commissioner Lindstrom, seconded by Commissioner Francois, the Planning Commission took the following action for property located 299 N. Harrison Avenue: 1. Recommended approval of a Negative Declaration; and 2. Adopted Resolution No. 3258 recommending approval of a Zone Change from R-M-S to PD; and 3. Adopted Resolution No. 3259 recommending approval of a Parcel Map to create two lots from a single lot; and 4. Adopted Resolution No. 3260 recommending approval of a Planned Development Permit to allow the construction of a new single family residence on the newly create lot; by the following roll call vote: AYES: Francois, Gibbons, Kearns, Lindstrom, Lowe NOES: Hernandez ABSENT: Jones ABSTAIN: None Chairperson Gibbons advised that project will be considered by the City Council at its meeting of March 21, 2000, for final approval. Interim Community Development Director Sharon Fierro advised that the property owners within 300 feet would be notified of the Council meeting by mail. Chairperson Gibbons reiterated that the Planning Commission is forwarding a recommendation of approval to Council. Council makes the final decision. Item No. 1 STAFF REPORT - PLANNING COMMISSION MEETING February 22, 2000 PLN 2000-00009, PLN 2000-00010 & PLN 2000-00011 Kennedy, James Public heating to consider the application of James Kennedy for approval of the following applications for property located at 299 N. Harrison in a Multiple Family Residential (R-M-S) Zoning District: A. A Zone Change (PLN 2000-00009) to consider a change of zoning from Multiple Family Residential (R-M-S) to Planned Development (PD). B. A Tentative Parcel Map (PLN 2000-00010) to allow a lot split. C. A Planned Development Permit (PLN 2000-00011) to allow the construction of a single family home. RECOMMENDATION That the Planning Commission take the following actions: Recommend that the City Council GRANT a Negative Declaration for this project; and Adopt a Resolution, incorporating the attached findings, recommending that the City Council APPROVE a Zone Change (PLN 2000-00009) for the project site from Multiple Family Residential (R-M-S) to Planned Development (PD); and o Adopt a Resolution, incorporating the attached findings, recommending that the City Council APPROVE a Tentative Parcel Map (PLN 2000-00010) allowing a lot split; and ° Adopt a Resolution, incorporating the attached findings, recommending that the City Council APPROVE a Planned Development Permit (PLN 2000-00011), subject to the attached conditions of approval. BACKGROUND On January 11, 2000 the Planning Commission reviewed and heard testimony regarding a proposed Zone Change, Lot Split and Planned Development Permit for the subject property. The Commission recommended denial of the project, citing issues such as reduced setbacks and over-building for the property. The applicant withdrew the application prior to the City Council public heating. The current application is a new proposal designed in response to the comments that were heard at the Planning Staff Report - Planning ~ommission Meeting of February 22, 20v0 PLN 2000-00009 (ZC) PLN 2000-00010 (PM) PLN 2000-00011 (PD) 299 N. Harrison Avenue Page 2 Commission public hearing of January 11, 2000. The Site and Architectural Committee (SARC) reviewed this application on February 8, 2000. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act, an initial study was prepared for this project. The results of the study determined that no significant environmental impacts would be created as a result of the proposed project. Based upon the information provided in the initial study, staff has prepared a Negative Declaration for this project. PROJECT DATA General Plan: Zoning: Lot Area (sq. ft.): Gross: Net: Total Living Area (sq. ft.): First Floor: Second Floor: Garage Size (sq. ft.): Covered Porch: Basement: Building Coverage (%): Average Building Coverage: Floor Area Ratio (FAR): Average FAR for project: Density (units/gloss acre): Average density for project: Low-Medium Density Residential (6-13 units/gross acre) R-M-S 13,525 7,661 1,243 1,243 N/A 534 12 N/A 24% N/A 16% Planned Development 8,850 4,361 1,243 1,243 N/A 220.5 12 N/A 33.8% 37% Planned Development 4,675 3,300 1,745 737 1,008 448.5 132 744.5 41.6% .33 I .66 N/A .47 4.9 I 9.3 3.2 N/A 6.4 DISCUSSION Applicant's Proposal: Mr. James Kennedy is requesting approval of a Zone Change, a PD Permit and a Tentative Parcel Map to allow a lot split and the creation of a new single family home on property located at 299 N. Harrison Avenue. The property is located on the southwest comer of Tubby Street and Harrison Avenue. Staff Report - Planning t~ommission Meeting of February 22, 2000 PLN 2000-00009 (ZC) PLN 2000-00010 (PM) PLN 2000-00011 (PD) 299 N. Harrison Avenue Pa~e 3 The existing 1,243 square-foot home will remain on one of the newly created parcels. The existing 534 square foot garage on site will be demolished to accommodate a new home on the other new parcel. A 2,490 square-foot house (including basement) with a 449 square foot attached garage is proposed for the new lot. A new 220 square-foot detached garage is proposed for the existing house. The new garage will be located at the side of the existing house, 25-feet from the public right-of-way at Harrison Avenue. ANALYSIS Relationship To The General Plan: The property has a General Plan Designation of Low- Medium Density Residential, which allows 6-13 dwelling units per gross acre. The proposal as submitted averages a density of 6.4 units per gross acre, which is consistent with the General Plan. The project meets a goal of the General Plan that states that projects should protect the integrity of the residential neighborhood, and recognizes the distinct character of the neighborhood. The project achieves this goal by providing a single-family detached home in a neighborhood that includes many single-family homes, when duplexes and small apartment configurations are allowed. Relationship To Downtown Neighborhood Policies: The property follows the development policies outlined in the Downtown Neighborhood Special Project Area section of the General Plan. The policies for residential development indicate that new residential developments with more than two units shall consist of detached units with one and two-story building elements. Although this project is not more than two units, the applicant has made an effort to meet this policy by providing a new single-family detached home while keeping the exiting single-family home. Relationship to Zoning: The applicant is proposing a Zone Change from Multiple Family Residential with Site and Architectural Review (R-M-S) to Planned Development (PD) to allow for the development of a new detached single family home, while maintaining the existing single-family home. The R-M-S Zoning allows two units on this particular property due to its size. This property could accommodate a duplex under current Zoning standards. The proposal is requesting flexibility from typical requirements as follows: · Both lots are smaller than the typical 6,000 square foot lot required for single- family homes in the R-M-S District; · One lot is 55 feet in width, where 60 feet is typically required for single-family homes in the R-M-S District; · One lot has slightly higher building coverage (41.6%) than the 40% typically required in the R-M-S District; · Both lots have setbacks that are smaller than typical residential requirements; Staff Report - Planning Commission Meeting of February 22, 2000 PLN 2000-00009 (ZC) PLN 2000-00010 (PM) PLN 2000-00011 (PD) 299 N. Harrison Avenue Page 4 Both lots have less open space than the 750 square feet per unit that is typically required for single-family homes. The Planned Development zoning designation allows greater flexibility in the arrangement of buildings on site and building design in order to promote a quality development that is consistent and compatible with the character of the surrounding neighborhood. The proposed project achieves this goal by providing detached units, with similar setbacks to those that exist on the street, while maintaining the existing single- family house. If the proposed house followed the setback requirements of the R-M-S zone, it would have to maintain 15-feet from the front property line, which would not be consistent with the development pattern on the street. The garage placed at the side of the house (at a side yard setback of 1 foot, 6 inches) allows a larger rear yard for Lot 2. Also, if the project developed as a duplex without the PD Permit, there would be no separation between the buildings, and the front of the building facing Tubby Street could be as close to the street as 12 feet, less than what is being proposed. The new house provides a more interesting street scene on Tubby than without the project. Also, the PD Permit restricts the front house to a single-story, whereas under the R-M-S Zoning, a two and one half story (35-feet in height), two-family, duplex structure could be built in place of the existing one-story single-family home. Tentative Parcel Map: The applicant has submitted a tentative parcel map for a lot split. The map proposes one parcel at 4,361 net square feet and the other parcel at 3,300 net square feet. The proposed map is consistent with the General Plan. The tentative parcel map is also consistent with plans submitted for the requested Zone Change and Planned Development Permit. Relationship To Design Guidelines: The proposal is subject to the design guidelines for low-medium density residential projects. Overall, the architectural elements are balanced on the building elevation. The proposal incorporates entry features (front door and porch) that are oriented to the street, similar to the other houses in the neighborhood. The proposal includes various materials and textures that provide surface articulation with the use of horizontal wood siding in the gable areas and substantial wood trim around the windows and doors. In addition, the roof has a shingle texture creating shadow and interest. The proposed home has similar setbacks to the adjacent home and is sensitive to privacy issues by minimizing windows on the second-story side elevations. Building Designs: The proposed two-story, single-family detached home includes a basement and a two car garage. The exterior design includes hip and gabled roof Staff Report - Planning Commission Meeting of February 22, 2000 PLN 2000-00009 (ZC) PLN 2000-00010 (PM) PLN 2000-00011 (PD) 299 N. Harrison Avenue Page 5 features, steps leading to a porch, and shuttered, multi-paned windows. The second story is set back from the first floor on the sides, and offers a shed element that helps define the first and second stories. The applicant has provided a materials board and detail of the architectural components to assure that the project meets the objective of a high quality design, as required of a PD Permit. Layouts and setbacks: The proposed single-family home will face Tubby Street. The project design is compatible with adjacent structures and fits within the context of the immediate surroundings of the neighborhood. The house mirrors the setback of the adjacent house to the east, which provides a consistent setback on the Tubby Street side. The garage immediately to the west and adjacent to the proposed house is closer to the public right-of-way on Tubby Street than what is proposed for the new house. The single-family residence that is associated with the garage next door is on or very near to the property line on Tubby Street. The new garage for the existing house on Lot 1 is 1 foot, 6 inches from the southern property line, where 5 feet is typically required for an attached garage in single-family projects (detached garages may be as close as 3-feet to the side property line). The side setback on Lot 1 is 4 feet where 5 feet is typically required. The side setbacks for Lot 2 are 5 feet where 6-foot setbacks are typically required. The front setback to the building wall meets and exceeds the 15-foot residential standard, however the porch feature intrudes into the setback area by 1 foot. The garage on Lot 2 is 22 feet from the property line when 25 feet is typically required. Off-Street Parking: The project meets the Zoning Ordinance requirements for parking. The proposed new residence provides a two-car garage and two parking spaces on the driveway. A new one-car garage and new driveway will be built in place of the two-car garage for the existing house. SITE AND ARCHITECTURAL REVIEW COMMITTEE This application was presented before the Site and Architectural Review Committee at its meeting of February 8, 2000. Both committee members were supportive of the project. The Committee found that the revised tentative map configuration creating "clean" property lines, the relocation of the garage and the reduction of the house size from the previous proposal translates into a better project than could be allowed under the current R-M-S Zoning. Staff Report - Planning Commission Meeting of February 22, 2000 PLN 2000-00009 (ZC) PLN 2000-00010 (PM) PLN 2000-00011 (PD) 299 lq. Harrison Avenue Page 6 Attachments 1. Finding for Approval of a Zone Change 2. Finding for Approval of Tentative Parcel Map 3. Finding for Approval of Planned Development Permit 4. Conditions of Approval for Planned Development Permit 5. Conditions of Approval for Tentative Parcel Map 6. Negative Declaration 7. Reduced Exhibits 8. Location Map Submitted by: ~-~-~ ~~ K~t~h~t i~ice Sch~nidt, A~ICP, Planner II Reviewed by: Sharon Fierro, Interim Community Development Director Attachment #1 PLANNING COMMISSION FINDINGS FOR APPROVAL OF FILE NO. PLN2000-00009 (ZONE CHANGE) SITE ADDRESS: APPLICANT: P.C. MEETING: 299 N. Harrison Avenue James Kennedy February 22, 2000 The Planning Commission finds as follows with regard to File No. PLN2000-00009: The proposed project will be developed at a density of 6.4 units per gross acre, which is consistent with the General Plan designation of Low-Medium Density Residential (6 - 13 units per gross acre). The proposed Zone Change is consistent with the policies of the Downtown Plan of the General Plan. o The proposed Planned Development (PD) zoning will permit greater flexibility in the arrangement of the buildings on the site to promote development of a project, which is consistent and compatible with the character of the surrounding neighborhood. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: The proposed development and uses clearly will result in a more desirable environment and use of the land than would be possible under any other zoning classification. The development and uses will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. o No substantial evidence has been presented which allows that the project, as currently presented, and subject to the required conditions of approval, will have a significant adverse impact on the environment. No evidence has been presented which shows that the project will have a substantial impact on plant or animal life. Attachment # 2 PLANNING COMMISSION FINDINGS FOR APPROVAL OF FILE NO. PLN2000-00010 (TENTATIVE PARCEL MAP) SITE ADDRESS: APPLICANT: P.C. MEETING: 299 N. Harrison Avenue James Kennedy February 22, 2000 The Planning Commission finds as follows with regard to File No. PLN2000-00010: The proposed density of 6.4 units per gross acre is within the density range of the Low- Medium General Plan designation (6 - 13 units per gross acre). The proposed map is consistent with the proposed Zone Change to Planned Development as the map divides the land in such a way to encourage single-family detached development. The proposed map is consistent with the proposed development plans as submitted for the Planned Development Permit as the map divides the land in such a way to accommodate single-family development. 4. The proposed subdivision layout allows for access to sunlight. Based on the foregoing findings of fact, the Planning Commission further finds and concludes that, subject to the imposed conditions: 1. The imposed subdivision is consistent with the General Plan. The proposed subdivision does not impair the balance between the housing needs of the region and the public service needs of its residents and available fiscal and environmental resources. The design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities. 4. The proposed project will aid in the harmonious development of the immediate area. Attachment # 3 PLANNING COMMISSION FINDINGS FOR APPROVAL OF FILE NO. PLN2000-00011 (PLANNED DEVELOPMENT PERMIT) SITE ADDRESS: APPLICANT: P.C. MEETING: 299 N. Harrison Avenue James Kennedy February 22, 2000 The Planning Commission finds as follows with regard to File No. PLN2000-00011: The proposed Planned Development Permit is consistent with the General Plan designation of Low- Medium Density Residential (6 - 13 units per gross acre), as the proposed project will be developed at a density of 6.4 units per gross acre. The proposed Planned Development Permit is consistent with the proposed Zoning District of Planned Development as the project maintains similar site layout to other properties in the neighborhood, aiding in the harmonious development of the immediate area. 3. The proposed project provides an attractive street frontage through the preservation of the existing single-family home and the creation of a new single-family home that is oriented to the street. 4. An initial study was prepared for this project and concludes that there are no unmitigated significant environmental impacts. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: The proposed development and uses clearly will result in a more desirable environment and use of the land than would be possible under any other zoning classification, as the project allows for two detached single-family homes when the zoning code would only allow an attached two-family dwelling to be built. 2. The development and uses will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. o The proposed development would not result in allowing more residential units than would be allowed by other residential zoning districts which are consistent with the General Plan designation of the property. 4. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 5. An initial study has been prepared which concludes that a Negative Declaration should be prepared. No substantial evidence has been presented which shows that the project, as currently presented, and subject to the required conditions of approval, will have a significant adverse impact on the environment. 7. No evidence has been presented which shows that the project will have a substantial impact on plant or animal life. Attachment # 4 PLANNING COMMISSION CONDITIONS OF APPROVAL FILE NO. PLN2000-00011 (PLANNED DEVELOPMENT PERMIT) SITE ADDRESS: APPLICANT: P.C. MEETING: 299 N. Harrison Avenue James Kennedy February 22, 2000 The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the ordinance of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified: COMMUNITY DEVELOPMENT DEPARTMENT 1. Approved Proiect: Approval is granted to construct a new single-family residential house facing Tubby Street and a detached one-car garage for an existing house on property located at 299 N. Harrison Avenue. The building designs shall substantially conform to the site plan and elevations prepared by Alex G. DuVon, Building Designer, received by the Planning Division on January 19, 2000, except as may be modified by the Conditions of Approval herein. Building Elevations, Details and Colors: The applicant shall submit detailed building elevations and exhibits depicting high quality materials with significant architectural details for the new house and the new detached garage. Detailed elevations and exhibits shall be reviewed by and approved by the Community Development Director upon recommendation of the Architectural Advisor prior to the issuance of building permits. Project details include, but are not limited to, the following: A. Provision of details of materials to be used on the exterior walls and building trim. B. Provision of a color/material sample board specifying color palette, textures and materials. C. Provision of roof samples or brochures that show the color and material of the proposed roofing. D. Provision of window schedules for high quality windows and window treatments showing the windows recessed from the outer wall of the building and substantial trim. o Landscaping: The applicants shall submit four copies of a detailed landscape and irrigation plan to be reviewed and approved by the Community Development Director prior to issuance of any building permits for the site. A. All trees planted on site shall be a minimum 15-gallon size. Shrubs shall be a minimum of 5-gallon size and shall be planted no less than 30 inches on center. Conditions of Approval for a Planned Development Permit File No. PLN 2000-00011 (PD) Site Address: 299 N. Harrison Avenue Applicant: James Kennedy P.C. Meeting: February 22, 2000 Page 2 B. Removal of any trees shall require replacement of trees on site in accordance with replacement standards of the City's Water Efficient Landscape Standards (WELS) and the Tree Protection Ordinance. C. All landscaping installed as required per the approved landscape plan shall be maintained in good health. D. Applicant shall obtain encroachment permits from the City of Campbell for all work performed within the right-of-way. E. All landscaping shall be installed prior to building occupancy. Fences and Wall Plan: Fencing shall be provided at the rear and side property lines, to the satisfaction of the Community Development Director. Any newly proposed fencing shall comply with Section 21.59.090 of the Campbell Municipal Code and shall be submitted for review and approval by the Community Development Department. o Verification of Setbacks: Prior to issuance of building permits, the developer shall stake the setbacks and the City shall verify the dimensions. Any discrepancy with dimensions shall result in a reduction of the size of the house, not the size of the setbacks. o Permits Required: A building permit application shall be required for the proposed structures. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 7. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of construction plans submitted for building permits. 8. Size of Plans: The maximum size of construction plans submitted for building permits shall be 24 inches by 36 inches. 9. 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. A licensed civil engineer specializing in soils mechanics shall prepare this report. 10. Foundation Inspections: A pad certificate prepared by a licensed civil engineer or land surveyor shall be submitted to the project's building inspector upon foundation inspection. This certificate shall certify compliance with the recommendations as specified in the soils repot and the building pad elevation and on-site retaining wall locations and elevations are pared 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) Conditions of Approval for a Planned Development Permit File No. Pt~N 2000-00011 (PD) Site Address: 299 N. Harrison Avenue Applicant: James Kennedy P.C. Meeting: February 22, 2000 Page 3 C. Foundation comer locations 11. Title 24 Energy Compliance: California Title 24 Energy Compliance forms CF-1R and MF- 1R shall be blue-lined on the construction plans. 12. Special Inspections: When a special inspection is required by U.B.C. Section 1701, the architect or engineer of record shall prepare an inspection program that shall be submitted tot 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's Special Inspection Forms from the Building Inspection Division counter. 13. Stormwater Runoff: 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-inch by 36-inch) is available at the Building Division service counter. 14. Approvals Required: The project requires the following agency approval prior to issuance of the building permit. A. West Valley Sanitation District B. Santa Clara County Fire Department C. Santa Clara County Health Department D. School District: i. Campbell Union School District ii. Campbell Union High School District 15. Grading and Drainage Plan: A Grading and Drainage Plan shall be submitted and approved by the Building Official prior to issuance of a Building Permit. SANTA CLARA COUNTY FIRE DEPARTMENT 16. Development 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 apply to the Building Department for applicable construction permits. 17. Premise Identification: Approved numbers or addressed 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. Conditions of Approval for a Planned Development Permit File No. ?LN 2000-00011 (PD) Site Address: 299 N. Harrison Avenue Applicant: James Kennedy P.C. Meeting: February 22, 2000 Page 4 PUBLIC WORKS DEPARTMENT 18. Preliminary_ Title Report: Prior to recordation of the Parcel Map, the applicant shall provide a current Preliminary Title Report. 19. Public Service Easement: Prior to recordation of the Parcel Map, the applicant shall grant a 1 O-foot Public Service Easement on private property contiguous with the public right-of-way along the Tubby Street 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. 20. Street Improvements: Prior to recordation of the Parcel Map, the applicant shall cause plans for public Street Improvements to be prepared by a registered civil engineer, pay fees, execute a street improvement agreement, post security and provide insurance necessary to obtain an encroachment permit for construction of the improvements, as required by the City Engineer. The plans shall include the following: A. Removal of the existing substandard 3-foot wide concrete sidewalk, curb ramp, and driveway approach. B. Preservation of existing street trees. C. Construction of 2 new concrete driveway approaches, new 4.5 foot residential separated sidewalk, curb ramp, and curb/gutter as necessary, all in compliance with ADA. D. Construction of street trees and irrigation at 40 feet on center, if necessary. E. Installation of new standard streetlight in accordance with the City's Street Lighting Policy. F. Installation of all existing and proposed water meters and sewer cleanouts on private property behind the public right-of-way line. 21. Utilities: All new on-site Utilities shall be installed underground per Section 20.36.150 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. 22. Utility Installation Plan: Prior to issuance of building permits for the site, the applicant shall submit a Utility Installation Coordination Plan and Schedule for approval by the City Engineer prior to installation of street improvements and/or abandonment of utilities. Streets that have been resurfaced within the previous 5 years will require boring and jacking for all new utility installations. Applicant shall also prepare pavement restoration plans for approval by the City Engineer prior to any utility installation or abandonment. 23. Maintenance Security: Prior to issuance of occupancy approval for the site, all public street improvements required by the encroachment permit must be completed and accepted by the City and the applicant must provide a one-year Maintenance Security in an amount of 25% of the Faithful Performance Bond. Conditions of Approval for a Planned Development Permit File No. ~'LN 2000-00011 (PD) Site Address: 299 N. Harrison Avenue Applicant: James Kennedy P.C. Meeting: February 22, 2000 Page 5 24. 25. 26. 27. 28. 29. Grading and Drainage Plan: Prior to issuance of any grading, drainage or building permits for the site, the applicant shall conduct hydrology studies based on a 10 year storm frequency, prepare an engineered Grading and Drainage Plan, and pay fees required to obtain necessary grading permits. The plans shall comply with the 1994 edition of the UBC including Chapters 18, 33, and Appendix Chapter 33. Storm Drain Area Fee: Prior to issuance of any grading, drainage, or building permits for the site, the applicant shall pay the required Storm Drain Area fee which is $2,250.00 per acre. Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permitting requirements and the California Storm Water Best Management Practices handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley Water District and the City of Campbell Municipal Code regarding Storm Water Pollution Prevention. (Final) Parcel Map: The applicant shall submit and record a (Final) Parcel Map upon approval by the City prior to issuance of any building permits for the site. The current plan check fee is $1,125 plus $25 per parcel. Monuments: Prior to recording Final Parcel Map, applicant shall provide security guaranteeing the cost of setting all monuments shown on the Parcel Map, as determined by the City Engineer. Demolition: Prior to recording of the Final Parcel Map the applicant shall obtain a Demolition Permit for any structures that will have a setback violation. Attachment # 5 PLANNING COMMISSION CONDITIONS OF APPROVAL FILE NO. PLN2000-00010 (TENTATIVE PARCEL MAP) SITE ADDRESS: APPLICANT: P.C. MEETING: 299 N. Harrison Avenue James Kennedy February 22, 2000 The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the ordinance of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified: COMMUNITY DEVELOPMENT DEPARTMENT 1. Approved Project: Approval is granted for a Tentative Parcel Map allowing the creation of two residential lots for the development of a single-family home and preservation of one existing single family home on property located at 299 N. Harrison Avenue. The map shall substantially conform to the map prepared by Marvin D. Kirkeby, Registered Civil Engineer, received by the Planning Division on January 19, 2000 except as may be modified by the Conditions of Approval herein. Development of the property shall substantially conform to the approved PD Permit (PLN2000-00011). Property Maintenance: Between the time when the existing garage is demolished and the new home is built, the property shall be maintained free of any combusible trash, debris and weeds, until the time that actual construction commences. Park In-Lieu Fee: Applicant to pay an in-lieu fee of park dedication of $7,035 per unit. 75% of the fee is due prior to recordation of the final subdivision map. 25% of the fee is due prior to certificate of occupancy. Tree Protection/Replacement Plan: Applicant to submit a tree protection plan for approval by the Community Development Director addressing protection of existing trees and replacement of removed trees consistent with the Water Efficient Landscaping Standards (WELS) prior to issuance of Building Permits. PUBLIC WORKS DEPARTMENT 5. Preliminary Title Report: Prior to recordation of the Parcel Map, the applicant shall provide a current Preliminary Title Report. o Public Service Easement: Prior to recordation of the Parcel Map, the applicant shall grant a 1 O-foot Public Service Easement on private property contiguous with the public right-of-way along the Tubby Street frontage. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. Conditions of Approval for a Tentative Parcel Map Permit File No. PLN 2000-00010 Site Address: 299 N. Harrison Avenue Applicant: James Kennedy P.C. Meeting: February 22, 2000 Page 2 Street Improvements: Prior to recordation of the Parcel Map, the applicant shall cause plans for public Street Improvements to be prepared by a registered civil engineer, pay fees, execute a street improvement agreement, post security and provide insurance necessary to obtain an encroachment permit for construction of the improvements, as required by the City Engineer. The plans shall include the following: A. Removal of the existing substandard 3' wide concrete sidewalk, curb ramp, and driveway approach. B. Preservation of existing street trees. C. Construction of 2 new concrete driveway approaches, new 4.5 foot residential separated sidewalk, curb ramp, and curb/gutter as necessary, all in compliance with ADA.. D. Construction of street trees and irrigation at 40' on center, if necessary. E. Installation of new standard street light in accordance with the City's Street Lighting Policy. F. Installation of all existing and proposed water meters and sewer cleanouts on private property behind the public right-of-way line. Utilities: All new on-site Utilities shall be installed underground per Section 20.36.150 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. Utility Installation Plan: Prior to issuance of building permits for the site, the applicant shall submit a Utility Installation Coordination Plan and Schedule for approval by the City Engineer prior to installation of street improvements and/or abandonment of utilities. Streets that have been resurfaced within the previous 5 years will require boring and jacking for all new utility installations. Applicant shall also prepare pavement restoration plans for approval by the City Engineer prior to any utility installation or abandonment. 10. Maintenance Security: Prior to issuance of occupancy approval for the site, all public street improvements required by the encroachment permit must be completed and accepted by the City and the applicant must provide a one-year Maintenance Security in an amount of 25% of the Faithful Performance Bond. 11. Grading and Drainage Plan: Prior to issuance of any grading, drainage or building permits for the site, the applicant shall conduct hydrology studies based on a 10 year storm frequency, prepare an engineered Grading and Drainage Plan, and pay fees required to obtain necessary grading permits. The plans shall comply with the 1994 edition of the UBC including Chapters 18, 33, and Appendix Chapter 33. Attachment # 6 Property lines Western property line of Lot 1 notched into Lot 2. Properties are square- no notch. The new proposal makes property lines easier to identify. New Garage for the existing house Lot 2 Front Setback Lot 2 Side Setback Lot 2 Rear Setback · Located in protrusion into Lot 2 · 1 '-6" setbacks on three sides · 200 square feet · 72-foot driveway · 12 feet to porch · 15 feet to front wall · 15 feet second floor 7.5 feet second floor east side · 5 feet to garage in the rear · 15 feet to fence · 5 feet at second floor (no cantilever) · Attached to the side of the existing house · 1 '-6" setback on one side · 220.5 square feet · 25-foot driveway · 14 feet to porch · 18 feet to front wall · 16.5 feet second floor · 10 feet second floor east side · 12 and 15 feet · 13 feet at second floor (cantilever) New proposal allows a larger rear yard area for both lots. New proposal maintains existing trees in rear yard. Less driveway area for Lot 1. However, garage is closer to adjacent home on the south. Larger front yard in new proposal. Porch could be 1 foot wider, while maintaining the same setback as Lot 1. Larger second floor setback between the two houses. Larger rear yard. Existing trees are maintained. * See Project Data Table on Page 2 of the report for Lot Area, Floor Area, Building Coverage & FAR. Conditions of Approval for a Tentative Parcel Map Permit File No. PLN 2000-00010 Site Address: 299 N. Harrison Avenue Applicant: James Kennedy P.C. Meeting: February 22, 2000 Page 3 12. Storm Drain Area Fee: Prior to issuance of any grading, drainage, or building permits for the site, the applicant shall pay the required Storm Drain Area fee which is $2,250.00 per acre. 13. Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permitting requirements and the Califomia Storm Water Best Management Practices handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley Water District and the City of Campbell Municipal Code regarding Storm Water Pollution Prevention. 14. (Final) Parcel Map: Prior to issuance of any building permits for the site, the applicant shall submit a (Final) Parcel Map for recordation upon approval by the City. The current plan check fee is $1,125 plus $25 per parcel. 15. Monuments: Prior to recording Final Parcel Map, applicant shall provide security guaranteeing the cost of setting all monuments shown on the Parcel Map, as determined by the City Engineer. 16. Demolition: Prior to recording of the Final Parcel Map the applicant shall obtain a Demolition Permit for any structures that will have a setback violation. Attachment #7 CITY OF CAMPBELL CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) INITIAL STUDY This initial study shall document the evaluation required by CEQA. It will include findings as to whether or not the proposed project would have a significant impact upon the environment. DESCRIPTION OF THE PROJECT The proposed project includes a zone change from R-M-S (Multiple Family Residential) to PD (Planned Development), a Lot Split to create two lots from a single lot and a Planned Development Permit to allow the construction of a new single-family residence on the newly created lot. Each of the project applications meets the requirements of zoning and the Campbell General Plan as proposed. Ao Project Address 299 N. Harrison Avenue APN: 279-40-035 B. Application Number PLN2000-00009 and PLN2000-00010 and PLN2000-00011 Ce Lead Agency Name and Address City of Campbell Community Development Department 70 N. First Street Campbell, CA 95008 Contact Person Katrina Rice Schmidt, AICP (408) 866-2140 gw Project Sponsor's Name and Address James Kennedy 299 N. Harrison Avenue Campbell, CA 95008 Em General Plan Designation and Zoning General Plan: Low-Medium Density Residential (6-13 dwelling units per acre) Zoning: R-M-S (Multiple Family Residential) G. Location of Project The south west comer of Harrison Avenue and Tubby Avenue. CITY OF CAMPBELL Community Development Department · Current Planning February 1, 2000 Re: PLN2000-09/10/11 - 299 N. Harrison Avenue Dear Applicant: Please be advised that the above-referenced application has been scheduled for the following meetings: Site and Architectural Review Committee Meeting Date: Tuesday, February 8, 2000 Time: 6:30 p.m. Location: Doetsch Conference Room, City Hall, 70 N. First Street, Campbell Planning Commission Meeting Date: Tuesday, February 22, 2000 Time: 7:30 p.m. Location: City Hall Council Chambers, 70 N. First Street, Campbell Should you have any questions or comments, please do not hesitate to contact me at (408) 866- 2140. Sincerely, Katrina Rice Schmidt, AICP Planner II CC: James Kennedy (Applicant/Property Owner) 598 E1 Patio Drive Campbell, CA 95008 70 North First Street · Campbell, California 95008.1423 - TEL 408.866.2140 · F^X 408.866.8381 · TOD 408.866.2790 ~.o¥' c~a~,% CITY OF CAMPBELL Community Development Department · Current Planning February 11, 2000 NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning Commission of the City of Campbell has set the time of 7:30 p.m., or shortly thereafter, on Tuesday, February 22, 2000, in the City Hall Council Chambers, 70 North First Street, Campbell, California, for a Public Hearing to consider the application of Mr. James Kennedy for approval of a Zone Change (PLN2000-09) from R-M-S (Multiple Family Residential) to PD (Planned Development); a Tentative Parcel Map (PLN2000- 10) to create two lots from a single lot; and a Planned Development Permit (PLN2000-11) to allow the construction of a new single-family residence on the newly created lot, on property located at 299 N. Harrison Avenue in an R-M-S (Multiple Family Residential) Zoning District. A Negative Declaration has been prepared for this project. Interested persons may appear and be heard at this hearing. Please be advised that if you challenge the nature of the above project in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this Notice, or in written correspondence delivered to the City of Campbell Planning Commission at, or prior to, the Public Hearing. Questions may be addressed to the Community Development Department at (408) 866-2140 In compliance with the Americans with Disabilities Act, listening assistive devices are available for all meetings held in the Council Chambers. If you require accommodation, please contact the Community Development Department at (408) 866-2140, at least one week in advance of the meeting. PLANNING COMMISSION CITY OF CAMPBELL SHARON FIERRO SECRETARY PLEASE NOTE: When calling about this Notice, please refer to File No. PLN2000-09/10/11 Address: 299 N. Harrison Avenue 70 North First Street · Campbell, California 95OO8.1423 · TEL 408.866.2140 · F^X 408.866.8381 · TDD 408.866.2790 Vince and Kathleen Stau~ 372 Harrison Ave. Campbell, CA 95008 408.379.3068 Campbell City Council 70 N. First St. Campbell, CA 95008 March 13, 2000 RE: March 21 st Agenda Item: 299 Harrison Ave. Lot Split and Zone Change to "PD" CITf MAMAGER'S ORzlCE Dear Mayor Kennedy, We are writing to voice our opposition to an issue that will be presented at the March 21st Council meeting. This matter is regarding a proposed zone change from "R-M-S" (Residential - Multiple Family) to a special "PD" Planned Development zone lot split and which the Planning Commission approved last month. The proposal calls for a 7,000 foot lot to be REZONED and split into 2 -3500 square foot lots. The existing house will remain on one lot and a NEW 2500 square foot house, with a basement, will be built on the new site. The new house will be built where there currently is a two-car garage. The proposed plan is counter to current zoning plans in our neighborhood. I am fairly certain that it is counter to the future General Plan of the city. We feel that this type of project sets an undesirable and unacceptable precedence in our neighborhood by creating a "stand alone" PD project. Thank you in advance for your consideration. Sincerely, Vince and Kathleen Staub January 19, 2000 City of Campbell ATTN: Planning Commission/Chair Gibbons 70 N. First St. Campbell, CA 95008 RE: 299 N. Harrison Ave. Dear Commission members, Upon reviewing the comments made by the Commission at the meeting'dated January 11, 2000, I would like to ask for your reconsideration of the proposed project at 299 N. Harrison Ave. The project has been revised and should be better suited to the needs of the neighborhood as well as the City of Campbell. The concerns of the Commission, as well as those of the neighbors, were recognized and implemented as much as possible. You will notice a more balanced plan, with a reduction in proposed square footage, less encroachment into the setbacks, and less overall massing. I agree with some of the views expressed and have worked diligently to satisfy neighborhood opposition, while maintaining a reasonable compromise. I hope the Commission will recognize the effort made and agree that this project will be beneficial, not detrimental to the design integrity of the immediate area. Thank you again for your time and consideration. Respect,fully, edy