PD-Withdrawn&Resubmitted - 1999January 31, 2000
Mr. Kennedy
598 E1 Patio Drive
Campbell, CA 95008
CITY OF CAMPBELL
Community Development Department · Current Planning
Re: Applications PLN1999-00010 & 00011 (ZC, PM, PD)
Dear Mr. Kennedy:
The City of Campbell has received your written request to withdraw your application
from the Planning Process for a Zone Change, Parcel Map and Planned Development
Permit for property located at 299 N. Harrison Avenue.
You requested that your application be withdrawn last week when we spoke on the
phone. At that time you submitting a new application that incorporates some of the
comments and changes as requested by the Planning Commission and neighbors of the
property.
Your latest submittal will be treated as an entirely new application. The application will
have to go through the usual planning process, including the Site and Architectural
Review Committee meeting, Planning Commission public heating, and City Council
public hearing.
Please call if you have any questions or concerns. I can be reached at 408-866-2143 or
via Email at KatrinaS@ci.campbell.ca.us.
Thank
_ you, , ~~~~~
Rice Schmidt, AICP
Planning Division
70 North First Street . Campbell, California 95OO8.1423 · TEL 408.866.2140 - FAX 408.866.8381 · TDD 408.866.2790
JAMES KEMMEDY 1 p.1
January 3 l, 2000
City of Campbell
ATTN: Sharon Fierro/Interim Director, Community Development
70 N. First St.
Campbell, CA 95008
RE: 299 N. Harrison Ave.
Dear Ms. Fierro,
I would like to request that my application #PLNI999-10 and 11 be withdrawn. In
addition, I would like to resubmit my application to the Planning Commission to address
some of the issues raised by the Commission members and neighbors. I feel the new
configuration will better suit everyone concerned.
Thank you again for your continued patience and support.
Sinc. erely,
~nnedy
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,
J<"~~ennedy
Planning Commission Minutes of January 11, 2000
Page 3
PUBLIC HEARING
Chairwoman Gibbons read Agenda Item No. 1 into the record.
PLN1999-00010/
PLN1999-00011
Kennedy, J.
Public Hearing to consider the application of Mr. James
Kennedy for approval of a Zone Change (PLN 1999-00010) from
R-M-S (Multiple Family Residential) to PD (Planned
Development), a Lot Split (PLN1999-00011) to create two lots
from a single lot and a Planned Development Permit (PLNI999-
00010) 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: January 18,
2000.
Ms. Katrina Rice Schmidt, Planner II, presented the staff report as follows:
Advised that the applicant is seeking a Zone Change, Planned Development Permit and Lot
Split for a. 17 acre property located on the southwest corner of Tubby and Harrison Avenues.
Said that with the lot split, one lot will include 3,150 square feet and the second, 4,511 square
feet.
· Stated that an existing 1,200 square foot residence on the site, facing onto Harrison, will be
retained. The existing garage will be demolished. On the new parcel, a new house with a
basement will be constructed as well as a new 200 square foot garage for the existing house.
· The General Plan designation is for Low to Medium Density Residential. The proposed
project meets the General Plan.
· The applicant is seeking a Zone Change from R-M-S (Multiple Family Residential) to PD
(Planned Development). Under the R-M-S Zoning, two units are already allowed on this
property. The applicant wishes to construct a second single-family detached home for private
ownership rather than an attached multi-family residential structure such as a duplex which
generally ends up as rental units.
· The applicant has developed a residence that meets design guidelines, has balanced
architectural details, includes entry features such as a front door oriented to the street and the
second story is set back. The new home will face Tubby Avenue. Staff finds the proposed
structure to be compatible to the surrounding structures.
· Staff encourages the Planning Commission adopt resolutions recommending approval of a
Zone Change, Planned Development Permit and Parcel Map and also recommend that
Council adopt a Negative Declaration for this project.
Commissioner Lindstrom presented the Site and Architectural Review Committee report as
follows:
· Advised that SARC reviewed this proposal on two occasions, November 23, 1999, and
December 14, 1999.
· Stated that one member was in support of the project and the other was not.
Planning Commission Minutes of January 11, 2000 Page 4
· SARC was concerned about some inaccuracies depicted on the presented plans but
Conditions of Approval prepared by staff address the concerns.
Ms. Jennifer Davis, 431 Harrison Avenue:
· Advised that she has been a Residential Building Designer for 15 years.
· Stated that this proposed project is inconsistent with the area and that she is disappointed
with the staff report presented.
· Outlined proposed setbacks with required setbacks in an R-M-S Zone as follows:
o Front 12 proposed 15 required or ½ height of wall
o Garage 22 proposed 25 required
o Side 5, 6.5 & 10 proposed 13 required or ~/2 height of wall
· Expressed safety concerns in that window wells for the basement level of the new residence
encroaches into the 5-foot side yard setbacks by 3 feet.
· Said that the comparisons between the proposed new residence and other units on Tubby
Avenue are unfair since the other properties have side elevations rather than front elevations
onto Tubby.
· Compared the required 750 square feet of open space for the R-M-S Zone with the proposed
550 square feet of open space provided on this project.
· Stated that the usable space on the porch is non-existent. The porch is only three feet deep
before the railing is taken into consideration.
· Said that the .72 FAR is excessively high and not in character for the neighborhood.
· Called the 10 x 20 garage a"glorified storage shed."
· Advised that all the inconsistencies with the R-M-S Zoning caused the need for a Planned
Development.
· Said that this project is not compatible with the neighborhood and would set a precedent for
Harrison Avenue.
· Advised that 16 neighbors have signed a petition against approval of this project.
Commissioner Lindstrom advised that the existing house that faces onto Harrison Avenue has no
change proposed except for the addition of a new driveway.
Ms. Jennifer Davis advised that a street tree would have to be removed, a new curb cut and
driveway installed and a fire hydrant relocated.
Chairwoman Gibbons asked staff for clarification.
Ms. Katrina Rice Schmidt advised that the proposed setback is similar to the two homes under
construction on Grant Avenue by Habitat for Humanity.
Chairwoman Gibbons asked why the Planned Development Zoning was recommended.
Ms. Katrina Rice Schmidt:
· Advised that under the current zoning, the applicant could build a duplex.
Planning Commission Minutes of January 11,2000 Page 5
· The applicant wants to develop a single family project which allows opportunity for home
ownership rather than as rental units.
· The proposed lot size is the deviation. The lot size for R-M-S is 6,000 square feet. The two
proposed lots are 3,500 and 4,200 square feet.
· Advised that the FAR is based on the whole site. That creates a FAR of .48 for the two
homes. As a comparison, the Habitat Homes have a .52 FAR and the Summerhill project has
a .50 FAR.
Chairwoman Gibbons advised that this lot was recently sold to Mr. Kennedy and that a previous
owner had submitted a proposal for a duplex on the site.
Ms. Katrina Rice Schmidt added that another proposal for a second family residence had
previously been submitted but that the structure was higher and less compatible to the area.
Chairwoman Gibbons informed that the PD Zoning allows the parcel to be separated.
Ms. Katrina Rice Schmidt added that the window wells will be at grade and a grate will be
installed which allows people to walk over them while still providing exiting from the basement
level.
Commissioner Jones asked for the FAR for the two lots.
Ms. Katrina Rice Schmidt advised that Lot l's FAR is .32 while Lot 2's FAR is.72 (which does
not include the basement).
Mr. James Kennedy, 299 N. Harrison Avenue:
· Stated that good points have been made.
Advised that many obstacles had to be overcome in order to come to this project.
· Stated that other options are available for this site including developing a duplex. Said that
this option is actually easier on him since no zone change is required but that it would be less
desirable for the neighborhood. A duplex would create rental units.
· Said that he is attempting to maintain the integrity for the neighborhood and has plans to
construct a very nice house.
· Said that home ownership is out of reach for many people. Everyone has the right to live and
co-exist. Campbell is a desirable area.
· Said that this project offers him an opportunity to create something for himself.
· This project offers one way to afford to build here.
· Said that he has put a lot of time and trouble to meet his own standards and to develop a
project that will be good for the neighborhood.
Mr. Robert Nicholas, P.O. Box 112272, Campbell, CA:
· Expressed his support of Ms. Davis' points.
· Advised that he met Mr. Kennedy last night.
Planning Commission Minutes of January 11,2000 Page 6
· Said that he purchased his home 10 years ago and that he liked what he saw and bought and
wants to see it maintained.
· Advised that the lot behind his home was split and a "monster" home built there.
· Said that this proposal is not acceptable and would set a precedent.
· Stated that he could sympathize if the applicant was building for his own family but not so
that the applicant can realize a $200,000 profit.
· Said that he believed the City also benefits financially from this project although he was not
sure how.
· Said that the same PD Zoning being sought for this project was obtained for the Home Depot
site.
· Stated that he hoped the Commission would deny this project.
Mr. Simon Lambert, 300 N. Central Avenue:
· Advised that his home is directly behind the project site.
· Expressed his support for the comments made by the previous speakers.
· Clarified that the lot is 7,000 square feet and not 13,000 square feet.
· Advised that he moved to Campbell 10 years ago and onto Central in February, 1999.
· Said the issue is density.
· Expressed his opposition to this project.
· Said he has tried to be objective but that Campbell has too much high density development.
Katrina Rice Schmidt clarified that the gross lot size is 13,525 (which measures to the centerline
of the street) while the net lot size is 7,661 square feet. She advised that this method of
calculation is used as a standard. The General Plan is calculated on gross acreage.
Mr. James Kennedy, Applicant, 299 N. Harrison:
· Said that he spoke to three neighbors on Tubby and that they were supportive of this project.
· Advised that the zoning for Planned Development was always available but that it would not
become the standard for the area because most lots are too small to be considered for Planned
Development Zoning. Lots must be of a certain size.
Commissioner Lindstrom clarified that what faces on Tubby at this point is garages and side
yards.
Mr. Patrick Chandler, 275 N. Harrison Avenue:
· Advised that Mr. Kennedy is already renting out the existing residence at 299 N. Harrison
Avenue.
· Supported the comments of his neighbors.
Mr. Patrick Todd, 362 N. Harrison Avenue:
· Advised that he is a new owner on Harrison Avenue.
· Said that it is hard to determine the scale of the proposed residence.
· Said that there is a point when it's too big, too much.
Planning Commission Minutes of January 11, 2000 Page 7
· Agreed with the comments made by his neighbors.
Mr. Robert Nicholas, P.O. Box 112272, Campbell:
· Agreed that there are many potential options when buying a property.
· Advised that a petition is being circulated that asks that no further zone changes occur on
their street.
· Asked if the applicant is related to Mayor Kennedy.
Mr. James Kennedy replied that as far as he is aware, he is not related to the Mayor of Campbell.
Mr. Simon Lambert, 300 N. Central Avenue:
· Said that while his wife is one who spoke with Mr. Kennedy, he and his wife do not support
this project.
Commissioner Jones asked for additional information regarding the SARC review.
Commissioner Lindstrom:
· Advised that SARC considered this project at two meetings.
· Said that he believes that the Conditions of Approval meet his concerns.
· Said that he cannot see a negative impact from this project on Harrison Avenue. The house
on Harrison is not being changed. The new house is on Tubby. This project does not invade
or change the area. While it may be too much for the property, one more house around the
corner fits into the neighborhood.
Commissioner Kearns advised that the other member of SARC found this proposal to be an
overbuilding of the lot. Said that the use of gross lot area is deceiving as the net lot area is much
smaller. This represents a lot of building on a lot of that size.
Commissioner Jones asked what the setbacks are for the existing house and proposed
replacement garage on this property.
Ms. Katrina Rice Schmidt replied that the west side setback is four feet and the garage is 1.5 feet
from the property line in order to allow exterior building maintenance on the garage.
Chairperson Gibbons:· Advised that this project was a difficult one to review at SARC.
· While there are things in its favor, particularly keeping the existing house intact, her greatest
concern is the size of the new house.
· Said that she has no problem with the proposed Planned Development Zoning of the
property.
· Said that she is not supportive of this proposal.
Planning Commission Minutes of January 11, 2000 Page 8
Commissioner Francois advised that he concurred with Commissioner Lindstrom and found this
to be a good project. While there may be some density concerns, this project does not denigrate
the integrity of the neighborhood.
Motion:
Upon motion of Commissioner Lindstrom, seconded by Commissioner
Francois, the Planning Commission recommended that Council grant a
Negative Declaration for this project and adopt a Resolution recommending
approval of a Zone Change (PLN1999-00010) from R-M-S (Multiple Family
Residential) to PD (Planned Development); adopt a Resolution
recommending approval of a Lot Split (PLN1999-00011) to create two lots
from a single lot; and adopt a Resolution recommending approval of a
Planned Development Permit (PLN1999-00010) to allow the construction of a
new single-family residence on the newly created lot, on property located at
299 N. Harrison Avenue, by the following roll call vote:
AYES: Francois, Lindstrom
NOES: Gibbons, Jones, Kearns
ABSENT: Hernandez, Lowe
ABSTAIN: None
The motion failed.
City Attorney William Seligmann advised that there is no final action from the Commission as of
yet. One option is to make a motion to grant the Negative Declaration and recommend denial of
the Zone Change, Lot Split and Planned Development Permit applications.
Chairperson Gibbons asked the City Attorney for assistance in preparing appropriate findings to
support the denial.
Motion:
Upon motion of Commissioner Kearns, seconded by Commissioner Jones, the"
Planning Commission adopted Resolution No. 3253 recommending denial of
a Zone Change (PLN1999-00010) from R-M-S (Multiple Family Residential)
to PD (Planned Development); adopted Resolution No. 3254 recommending
denial of a Lot Split (PLN1999-00011) to create two lots from a single lot;
and adopted Resolution No. 3255 recommending denial of a Planned
Development Permit (PLN1999-00010) to allow the construction of a new
single-family residence on the newly created lot, on property located at 299
N. Harrison Avenue, by the following roll call vote:
AYES: Gibbons, Jones, Kearns
NOES: Francois, Lindstrom
ABSENT: Hernandez, Lowe
ABSTAIN: None
Motion:
Upon motion of Commissioner Kearns, seconded by Commissioner
Lindstrom, the Planning Commission recommended that Council grant a
Planning Commission Minutes of January 11,2000
Page 9
Negative Declaration for property located at 299 N. Harrison Avenue, by the
following roll call vote:
AYES: Francois, Gibbons, Jones, Kearns, Lindstrom
NOES: None
ABSENT: Hernandez, Lowe
ABSTAIN: None
Chairperson Gibbons advised that this application would go on to Council with a
recommendation from the Planning Commission for denial of all but the Negative Declaration.
She asked the City Attorney if the applicant or opponen[s have to do anything prior to the
Council meeting.
City Attorney William Seligmann advised that nothing needs to be done. However, anyone
wishing to submit anything to Council on this project can do so in writing.
Chairperson Gibbons read Agenda Item No. 2 into the record.
PLN99-15
Beaumont, R.L.
Public Hearing to consider the application of Mr. R.L. Beaumont, on
behalf of Smart and Final Stores, Inc., for approval of a Conditional
Use Permit (PLN99-15) to allow the establishment of a grocery store
with a general on-sale liquor license in an existing retail space
(previously Kirkwood Hardware) on property located at 1600 W.
Campbell Avenue in a C-1-S (Neighborhood Commercial) Zoning
District. This project is Categorically Exempt from environmental
review. Planning Commission decision final unless appealed in
writing to the City Clerk within 10 days.
Mr. Tim J. Haley, Associate Planner, presented the staff report as follows:
· Advised that the applicant is seeking a Conditional Use Permit to allow a Smart & Final
grocery store use with general on-sale liquor license at the Kirkwood Plaza Shopping Center.
· The subject property is 1.2 acres with common parking. Sixty-three parking spaces are
provided.
· The Zoning is C-1-S (Neighborhood Commercial) and the General Plan designation is also
Commercial. The proposed use is consistent with both subject to the issuance of a
Conditional Use Permit.
· Staff recommends approval of this project.
Commissioner Kearns asked whether staff knew when this use will begin operation at this
location.
Mr. Tim J. Haley replied that he did not know at this time.
RESOLUTION NO. 3253
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL RECOMMENDING DENIAL 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. PLN99-10 (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 not be made to the Zoning Map based upon the following
findings:
1. The proposed Zone Change is not consistent with the Zoning District and the
character of the neighborhood because of reduced setbacks.
PASSED AND ADOPTED this 11th day of January, 2000, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
Gibbons, Jones, Kearns
Francois, Lindstrom
Hernandez, Lowe
None
ATTEST ·
APPROVED:
haron Fierro, Secretary
Elizabeth Gibbons, Chair
RESOLUTION NO. 3254
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL, RECOMMENDING DENIAL 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. PLN99-11 (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 PLN99-11 (PM):
The proposed lot split is not consistent with the Zoning District and the character of the
neighborhood because of reduced setbacks.
PASSED AND ADOPTED this 11th day of January, 2000, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
Gibbons, Jones, Kearns
Francois, Lindstrom
Hernandez, Lowe
None
ATTEST ·
APPROVED:
Sharon Fierro, Secretary
Elizabeth Gibbons, Chair
RESOLUTION NO. 3255
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL RECOMMENDING DENIAL OF A PLANNED
DEVELOPMENT PERMIT (PLN99-10) 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. PLN99-10(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 PLN99-10(PD):
The proposed Planned Development is not consistent with the Zoning District and the character
of the neighborhood because of reduced setbacks.
PASSED AND ADOPTED this 11th day of January 2000, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COMMISSIONERS: Gibbons, Jones, Kearns
COMMISSIONERS: Francois, Lindstrom
COMMISSIONERS: Hernandez, Lowe
COMMISSIONERS: None
ATTEST:
APPROVED:
Sharon Fierro, Secretary
Elizabeth Gibbons, Chair
.o¥'C~
CITY OF CAMPBELL
Community Development Department · Current Planning
January 14, 2000
Mr. James Kennedy
598 E1 Patio Drive
Campbell, CA 95008
Re: PLN99o10 (PD & ZC) & PLN99-11 (PM) - 299 N. Harrison Avenue
Dear Mr. Kennedy:
Please be advised that the Planning Commission, at its meeting of January 11, 2000, took the
following actions:
1. Adopted Resolution No. 3253 recommending denial of a Zone Change from R-M-S
(Multiple Family Residential) to PD (Planned Development); and
2. Adopted Resolution No. 3254 recommending denial of a Tentative Parcel Map to allow the
creation of two residential lots; and
3. Adopted Resolution No. 3255 recommending denial 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 February 1,
2000. If you have any questions, please do not hesitate to contact me at (408) 866-2140.
Sincerely,
hmidt, AICP
Planner II
70 North First Street · Campbell, California 95OO8.1423 . T~L 408.866.2140 - F^X 408.866.8381 · TDD 408.866.2790
RESOLUTION NO. 3253
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL RECOMMENDING DENIAL 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. PLN99-10 (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 not be made to the Zoning Map based upon the following
findings:
1. The proposed Zone Change is not consistent with the Zoning District and the
character of the neighborhood because of reduced setbacks.
PASSED AND ADOPTED this 11th day of January, 2000, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
Gibbons, Jones, Kearns
Francois, Lindstrom
Hernandez, Lowe
None
APPROVED:
Elizabeth Gibbons, Chair
ATTEST:
Sharon Fierro, Secretary
RESOLUTION NO. 3254
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL, RECOMMENDING DENIAL 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. PLN99-11 (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 PLN99-11 (PM):
The proposed lot split is not consistent with the Zoning District and the character of the
neighborhood because of reduced setbacks.
PASSED AND ADOPTED this 11th day of January, 2000, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
Gibbons, Jones, Keams
Francois, Lindstrom
Hemandez, Lowe
None
APPROVED:
Elizabeth Gibbons, Chair
ATTEST ·
Sharon Fierro, Secretary
RESOLUTION NO. 3255
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL RECOMMENDING DENIAL OF A PLANNED
DEVELOPMENT PERMIT (PLN99-10) 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. PLN99-10(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 PLN99-10(PD):
The proposed Planned Development is not consistent with the Zoning District and the character
of the neighborhood because of reduced setbacks.
PASSED AND ADOPTED this 11th day of January 2000, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COMMISSIONERS: Gibbons, Jones, Kearns
COMMISSIONERS: Francois, Lindstrom
COMMISSIONERS: Hernandez, Lowe
COMMISSIONERS: None
APPROVED:
Elizabeth Gibbons, Chair
ATTEST:
Sharon Fierro, Secretary
Item No. 1
STAFF REPORT - PLANNING COMMISSION MEETING
January 11, 2000
PLN 1999-00010 &
PLN 1999-00011
Kennedy, James
Public hearing 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 1999-00010) to consider a change of
zoning from Multiple Family Residential (R-M-S) to Planned
Development (PD).
B. A Planned Development Permit (PLN 1999-00010) to allow
the construction of a single family home.
C. A Tentative Parcel Map (PLN 1999-00011) to allow a lot
split.
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 1999-00010) 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 Planned Development Permit (PLN 1999-00010)
allowing a lot split; and
Adopt a Resolution, incorporating the attached findings, recommending that the
City Council APPROVE a Tentative Parcel Map (PLN 1999-00011), subject to the
attached conditions of approval.
BACKGROUND
This item was continued from the previous Planning Commission meeting of December
14, 1999 so that the applicant could submit revised plans addressing some of the concerns
expressed by the Site and Architectural Review Committee (SARC) at meetings held on
November 23, 1999 and December 14, 1999. The applicant has submitted revised plans
that address many of the concerns raised by the SARC.
Staff Report - Planning ,zommission Meeting of January 11,200v
PLN 1999-00010 (PD & ZC) PLN 1999-00011 (PM) - 299 N. Harrison Avenue
Page 2
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: Low-Medium Density Same Same
Residential
(6-13 units/gross acre)
Zoning: R-M-S Planned Planned
Development Development
Lot Area (sq. ft.):
Gross: 13,525 9,108 4,417
Net: 7,661 4,511 3,150
Total Living Area (sq. ft.): 1,243 1,243 1,836
First Floor: 1,243 1,243 816
Second Floor: N/A N/A 1,020
Garage Size (sq. ft.): 534 200 439
Covered Porch: 12 12 75
Basement: N/A N/A 693
Building Coverage (%): 24% 32% 42%
Average Building Coverage: N/A 36%
Floor Area Ratio (FAR): 16% .32 [ .72
Average FAR for project: N/A .48
Density (units/gross acre): 3.2 4.8 [ 9.8
Average density for project: 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 corner of Tubby Street and Harrison Avenue.
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 2,529 square-foot house (including basement) with a
Staff Report - Planning Commission Meeting of January 11, 2000
PLN 1999-00010 (PD & ZC) PLN 1999-00011 (PM) - 299 N. Harrison Avenue
Page 3
439 square foot attached garage is proposed for the new lot. A new 231 square-foot
detached garage is proposed for the existing house. The new garage will be located at the
rear of the newly created lot for the existing house.
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. Per the
General Plan, the existing property (13,525 sq. ft.) is allowed up to 4 residential units.
The proposal as submitted ( 2 units) is less dense than what is allowed for the existing
property. 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 would allow four units on this particular
property due to its size, however the applicant is proposing a Zone Change to Planned
Development (PD) and is proposing only two units for the property. 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.
Tentative Parcel Map: The applicant has submitted a tentative parcel map for a lot split.
The map proposes one parcel at 3,150 net square feet and the other parcel at 4,511 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)
Staff Report - Planning commission Meeting of January 11,200u
PLN 1999-00010 (PD & ZC) PLN 1999-00011 (PM) - 299 N. Harrison Avenue
Page 4
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 a gabled roof feature, 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. 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 setback from the back of the proposed new house to the detached garage in the rear is
proposed at 5-feet, where 10-feet is typically required. However, the PD permit will
allow the modified setback in order to result in a better project. The garage placed at the
rear of the site is more desirable than if it were attached to the existing residence closer to
the street, therefore the deviation in the setback standard provides flexibility in creating a
better project.
Off-Street 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 November 23, 1999 and December 14, 1999. The Committee was split on its
recommendation. One SARC member is generally supportive of the project as the plan
Staff Report - Planning ,~ommission Meeting of January 11,200u
PLN 1999-00010 (PD & ZC) PLN 1999-00011 (PM) - 299 N. Harrison Avenue
Page 5
is consistent with the General Plan and consistent with other new projects that have been
approved recently in the neighborhood. The other SARC member is not supportive of the
project, as it seems that the proposal is overbuilding on the lot and the proposal maintains
small setbacks. Both SARC members were concerned that the plans as submitted were
inaccurately drawn regarding the size of the house and setbacks, and suggested a
condition of approval requiring the developer to stake the setbacks prior to
commencement of construction in order to verify the dimensions approved by the
Planning Commission. Any discrepancy with dimensions shall come out of the size of the
house, not the size of the setbacks.
Attachments
1. Finding for Approval of a Zone Change
2. Finding for Approval of Planned Development Permit
3. Finding for Approval of Tentative Parcel Map
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:
Kaffina Rice Schmidt, AICP, Planner II
Approved by:
Sharon Fierro, Interim Community Development Director
Attachment # 1
PLANNING COMMISSION FINDINGS FOR APPROVAL OF FILE NO. PLN1999-00010
(ZONE CHANGE)
SITE ADDRESS:
APPLICANT:
P.C. MEETING:
299 N. Harrison Avenue
James Kennedy
January 11, 2000
The Planning Commission finds as follows with regard to File No. PLN1999-00010:
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.
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. PLN1999-00010
(PLANNED DEVELOPMENT PERMIT)
SITE ADDRESS:
APPLICANT:
P.C. MEETING:
299 N. Harrison Avenue
James Kennedy
January 11, 2000
The Planning Commission finds as follows with regard to File No. PLN1999-00010:
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.
o
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:
1. The proposed development and uses clearly will result in a more desirable environment and
use of the land than would be possible under any other zoning classification.
2. The development and uses will be compatible with the General Plan of the City and will aid
in the harmonious development of the immediate area.
°
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.
Finding for Approval of a ~'lanned Development Permit File No. eLN1999-00010 (PD)
Site Address: 299 N. Harrison Avenue
Applicant: James Kennedy
P.C. Meeting: January 11, 2000
Page 2 of 2
o
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 # 3
PLANNING COMMISSION FINDINGS FOR APPROVAL OF FILE NO. PLN1999-00011
(TENTATIVE PARCEL MAP)
SITE ADDRESS:
APPLICANT:
P.C. MEETING:
299 N. Harrison Avenue
James Kennedy
January 11, 2000
The Planning Commission finds as follows with regard to File No. PLN1999-00011:
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 # 4
PLANNING COMMISSION CONDITIONS OF APPROVAL
FILE NO. PLN1999-00010 (PLANNED DEVELOPMENT PERMIT)
SITE ADDRESS:
APPLICANT:
P.C. MEETING:
299 N. Harrison Avenue
James Kennedy
January 11, 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 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 4, 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 or of the color and material of the proposed
roofing.
D. Provision of window schedules for high quality windows and window treatments
showing the windows recessed a minimum depth of three inches from the outer wall of
the building, and trim that is at least four inches wide and one inch deep.
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 tm' a Planned Development Permit File ~o. PLN1999-00010 (PD)
Site Address: 299 N. Harrison Avenue
Applicant: James Kennedy
P.C. Meeting: January 11, 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.
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.
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 h,, a Planned Development Permit File ~no. PLN1999-00010 (PD)
Site Address: 299 N. Harrison Avenue
Applicant: James Kennedy
P.C. Meeting: January 11, 2000
Page 3
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 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 h,, a Planned Development Permit File ~no. PLN1999-00010 (PD)
Site Address: 299 N. Harrison Avenue
Applicant: James Kennedy
P.C. Meeting: January 11, 2000
Page 4
PUBLIC WORKS DEPARTMENT
1 $. 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 fight-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 t,,. a Planned Development Permit File tho. PLN1999-00010 (PD)
Site Address: 299 N. Harrison Avenue
Applicant: James Kennedy
P.C. Meeting: January 11, 2000
Page 5
24.
25.
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.
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.
28.
29.
(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. PLN1999-00011 (TENTATIVE PARCEL MAP)
SITE ADDRESS:
APPLICANT:
P.C. MEETING:
299 N. Harrison Avenue
James Kennedy
January 11, 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 November 5, 1999 except as may be modified by the
Conditions of Approval herein. Development of the property shall substantially conform to
the approved PD Permit (PLN1999-00010).
Property Maintenance: The property shall be maintained free of any combusible trash, debris
and weeds, until the time that actual construction commences. All existing structures on the
property shall be secured by having windows boarded up and doors sealed shut, or be
demolished or removed from the property.
o
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 t,,, a Tentative Parcel Map Permit File ~o. PLN1999-00011
Site Address: 299 N. Harrison Avenue
Applicant: James Kennedy
P.C. Meeting: January 11, 2000
Page 2
10.
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.
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.
Conditions of Approval h,.'a Tentative Parcel Map Permit File 1,~o. PLN1999-00011
Site Address: 299 N. Harrison Avenue
Applicant: James Kennedy
P.C. Meeting: January 11, 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 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.
CITY OF CAMPBELL
Community Development Department · Current Planning
January 5, 2000
RE: 299 N. Harrison Avenue-Zone Change/Planned Development/Lot Split
Dear Residents:
This letter serves as a reminder that the Planning Commission continued consideration of
the above-referenced project to its meeting of January 11, 2000, at 7:30 p.m. This
meeting will be held in the City Hall Council Chambers, 70 N. First Street, Campbell,
CA.
If you would like to see plans, please stop by the Planning Office at City Hall. For
questions, you may contact me at (408) 866-2140.
Sincerely,
~AICP
Planner II
70 North First Street . Campbell, California 95008.1423 · TEL 408.866.2140 · FaX 408.866.8381 · TDD 408.866.2790
'OkCHARO
CITY OF CAMPBELL
Community Development Department . Current Planning
December 17, 1999
Mr. James Kennedy
598 E1 Patio Drive
Campbell, CA 95008
Re: PLN99-10 - 299 N. Harrison Avenue
Dear Applicant:
Please be advised that at its meeting of December 14, 1999, the Planning Commission
continued the above-referenced application to its meeting of January 11, 2000.
If you should have any questions, please do not hesitate to contact me at (408) 866-2143.
Sincerely,
Katrina Rice Schmidt, AICP
Planner II
70 North First Street · Campbell, California 95008.1423 . TEL 408.866.2140 · F^X 408.866.8381 · TDD 408.866.2790
ITEM NO. 1
STAFF REPORT - PLANNING COMMISSION MEETING
OF DECEMBER 14, 1999
PLN1999-00010 &
PLN1999-00011,
Kennedy, James
Public heating to consider the application of Mr. James Kennedy
for approval of a Zone Change (PLN1999-00010) from R-M-S
(Multiple Family Residential) to PD (Planned Development), and
Lot Split (PLN 1999-00011) and a Planned Development Permit
(PLN1999-00010) to allow the construction of a new single-
family home on property located at 299 N. Harrison Avenue in a
R-M-S (Multiple Family Residential) Zoning District.
STAFF RECOMMENDATION
That the Planning Commission take the following action:
Grant a CONTINUANCE of PLN1999-00010 and PLN1999-00011 to the Planning Commission
meeting of January 11, 2000 to allow the applicant additional time to prepare revised plans and
elevations.
BACKGROUND
The Site and Architectural Committee (SARC) reviewed the proposed application for a new
single-family home on November 23, 1999. The SARC members had several concerns with the
proposal including inadequate setbacks and discrepancies with the site plan. A continuance will
allow the applicant to revise the plans to address the concerns of the SARC members.
CURRENT STATUS
The applicants have requested another meeting with the SARC members, scheduled for
December 14, 1999. The SARC members will review the revised plans and make a
recommendation to the Planning Commission. The revised plans will be submitted for
consideration at the Planning Commission meeting of January 11, 2000 if the continuance is
granted.
Attachment
1. Letter requesting a continuance
2. Location Map
Prepared by:
Approved by:
k~ina Rice Schmidt, AICP, Planner II
Sharon Fierro, Senior Planner
12 December, 1999
City of Campbell
70 N. 1 st Street
Campbell, CA 95008
ATTN: Katrina Rice Schmidt
RE: 299 Harrison Ave.
Dear Katrina,
I would like to continue the scheduled Planning Commission meeting until the 11th of
January, 2000. I require the additional time to prepare my plans and arguments given the
comments of the S.A.R.C. Thank you in advance for your consideration.
Sincerely,
J~ennedy
CITY OF CAMPBELL
Community Development Department · Current Planning
December 8, 1999
Re: PLN1999-00010 - 299 N. Harrison Avenue
Dear Applicant:
Please be advised that the above-referenced application has been scheduled for the following
meeting(s):
Site and Architectural Review Committee Meeting
Date: Tuesday, December 14, 1999
Time: 6:40 p.m.
Location: Doetsch Conference Room, City Hall, 70 N. First Street, Campbell
Planning Commission Meeting
Date: Tuesday, January 11, 2000
Time: 7:30 p.m.
Location: Council Chambers, City Hall, 70 N. First Street, Campbell
Should you have any questions or comments, please d9 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 · TDD 408.866.2790
CITY OF CAMPBELL
Community Development Department · Current Planning
December 6, 1999
James Kennedy
598 E1 Patio Drive
Campbell, CA 95008
Re: 299 N. Harrison Avenue (PLN1999-00010 & -00011)
Dear Mr. Kennedy:
This letter is in reference to the Site and Architectural Review Committee (SARC)
meeting of November 23, 1999 regarding the project at 299 N. Harrison Avenue. Two
members of the Planning Commission serve as SARC members. The SARC members
review the application for site layout and building design and then forward a
recommendation to the Planning Commission. The following is a list of the comments
made at the meeting.
Overall, the setbacks are a concern. The SARC members thought that the 5-foot
setback from the back of the new house to the garage in the rear was inadequate,
and also expressed concerns regarding the small front setback. What are the
reasons for designing the project with a small front setback?
The SARC members suggested that you make the case for the lot shape with the
garage for the existing house being designed as a protrusion into the new lot.
Why did you put the garage in that location? The SARC members suggested that
you show a diagram of your garage placement options and an analysis of why
your proposal shows the best location. Basically, they want to know what options
you explored and the reasoning behind placing the garage where you proposed it.
How would the garage in the rear of the new parcel be maintained as the garage is
associated with the existing house and protrudes into the adjacent proposed new
lot and has no setbacks?
· The site plan shows a cantilevered floor plan, however the elevations to not reflect
this. Make sure that the site plan and the elevations correspond to each other.
70 North First Street . Campbell, California 95008. 1423 . TEL 408.866.2140 . Fax 408.866.8381 · TDD 408.866.2790
The walls on the side of the house are blank. Provide some architectural relief
either with building materials and/or adding architectural elements.
· The elevation in the back is not consistent with the style of the elevation in the
front. The styling of the building should be the same all the way around.
The SARC members stated that they will not be supportive of the project as shown.
Generally the SARC members can support a small lot, however the members thought that
there was "too much" on the site. The SARC members suggested revisions to the plans
and returning to the SARC meeting on December 14, 1999.
Please let me know if you would like to attend the SARC meeting on December 14, 1999
with revisions to your plans.
If you have any questions, please contact me at (408) 866-2143 or via email at
katrinas~ci.campbell.ca.us.
Sincerely,
Katrina Rice Schmidt, AICP
Planner II
CC.
Sharon Fierro, Senior Planner
Alex Duvon, Architect
Page 2 of 2
CITY OF CAMPBELL
Community Development Department · Current Planning
December 3, 1999
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, December 14, 1999, 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 (PLN 1999-00010) from R-M-S (Multiple Family Residential)
to PD (Planned Development), a Lot Split (PLN1999-00011) to create two lots from a single lot and a
Planned Development Permit (PLN1999-00010) 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.
Plans, Elevations, assessments, and other supporting documentation are on file and available for public
review in the Planning Office, 70 N. First Street, Campbell, California. Interested persons may attend
this meeting and/or provide written comments on 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
STEVE PIASECKI
SECRETARY
PLEASE NOTE:
When calling about this Notice,
please refer to File No. PLN1999-00010 & PLN1999-00011
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
CITY OF CAMPBELL
Community Development Department. Current Planning
November 17, 1999
Re: PLN1999-00010 & PLN1999-00011 - 299 N. Harrison Avenue
Dear Applicant:
Please be advised that the above-referenced application has been scheduled for the following
meeting(s):
Site and Architectural Review Committee Meeting
Date: Tuesday, November 23, 1999
Time: 6:30 p.m.
Location: Doetsch Conference Room, City Hall, 70 N. First Street, Campbell
Planning Commission Meeting
Date: Tuesday, December 14, 1999
Time: 7:30 p.m.
Location: Council Chambers, City Hall, 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 · TDD 408.866.2790
CITY OF CAMPBELL
Community Development Department
November 8, 1999
Referral Agencies
Re:
Tentative Parcel Map (PLN 1999-00011)
299 N. Harrison Avenue
APN: 279-40-035
Dear Referral Agency:
The Community Development Department has received the above referenced application for a lot split.
Please forward any comments to the Community Development Department by October 22, 1999.
An Initial Study is being prepared per the requirements of the California Environmental Quality Act
(CEQA).
If you should have any questions regarding this referral, please contact Katrina Rice Schmidt, at (408) 866-
2143.
Sincerely, /~X
Katrina Rice Schmidt, AICP
Planner II
enclosure:
Distribution:
Tentative Parcel Map
United States Post Office
Santa Clara Valley Water District v/
Campbell Union Elementary School District
Campbell Union High School District
Moreland School District
San Jose Water Company
Pacific Bell
PG&E/Land Development v
Green Valley Disposal
West Valley Sanitation District
Valley Transportation Agency
70 North First Street . Campbell, California 95OO8.1423 - TEL 408.866.2140 . FAX 408.866.8381 ' TOD 408.866.2790
WEST VALLEY SANITATION DISTRICT
OF SANTA CLARA COUNTY
SERVING RESIDENTS OF
CITY OF CAMPBELL
TOWN OF LOS GATOS
CITY OF MONTE SERENO
CITY OF SARATOGA
UNINCORPORATED AREA
November 17, 1999
Katrina Rice Schmidt
Community Development Department
City of Campbell
70 North First Street
Campbell, CA 95008
RE: Tentative Parcel Map (PL 1999-00011)
299 N. Harrison Avenue (APN 279-40-035)
Dear Ms. Schmidt:
1999
FI; NNiNG E)£Pr,
The district has reviewed the proposed subdivision. Sanitary sewer service is available to the
new parcels from the main sewer in Harrison Avenue.
The district will require the developer to install new building sewers to serve the 2 parcels.
District staff will work with the owner's civil engineer for sanitary sewer improvement. The
district will issue sewer connection permits as approval for the recording of the parcel map.
If you have any questions, please contact Jonathan K. Lee at (408) 378-2407.
Very truly yours
Robert R. Reid
District Manager and Engineer
cc: James Kennedy
Marvin Kirkeby
100 East Sunnyoaks Avenue, Campbell, California 95008-6608 Tel: (408) 378-2407 Fax: (408) 364-1821
Transportation Authority
Part of every trip you take ®
November 22, 1999
NOV
1999
City of Campbell
Community Development Department
Current Planning
70 North First Street
Campbell, CA 95008-1423
Attention: Katrina Rice Schmidt, Planner II
Subject: File No. PLN 1999-00011 / Tentative Map for Lot 18, Tract 67
Dear Ms. Schmidt:
Santa Clara Valley Transportation Authority (VTA) staff have reviewed the application to
split one lot into two lots for proposed residential uses located on Harrison Avenue, near
Tubby Street. We have no comments.
If you have any questions, please call Christina Jaworski of my staff at (408) 321-5751.
~rely~
Roy Molseed
Senior Environmental Analyst
RM:CTJ:kh
cc: Derek Kantar, VTA Environmental Program Manager
3331 North First Street · San Jose, CA 95134-1906 · Administration 408.321.5555 · Customer Service 408.321.2300
5750 ALMADEN EXPWY
SAN JOSE, CA 95118-3686
TELEPHONE (408) 265-2600
FACSIMILE (408) 266-0271
www.scvwd.dst.ca.us
AN EQUAL OPPORTUNITY EMPLOYER
November 23, 1999
Ms. Katrina Rice Schmidt
Community Development Department
City of Campbell
70 North First Street
Campbell, CA 95008
RECEIVED
o v 2 1999
CITy OF CASa
Dear Ms. Schmidt:
Subject: Lot Split at 299 Harrison Avenue City File PLN 1999-00011
The Santa Clara Valley Water District (District) has reviewed the tentative map for a lot split within
Tract 67, prepared by Kirkeby Engineering, dated November 1999, and submitted to the District on
November 15 by the City of Campbell.
The proposed project is not within 50 feet of any District facilities and; therefore, a District permit is not
required for construction of this project. Based on the Federal Insurance Rate Maps, the project property
is located in a flood hazard Zone C--an area of minimal flooding.
District records show no wells located on the project site. In accordance with District Ordinance 90-1, the
owner should show any existing well(s) on the plans and indicate if they are to remain, be modified, or be
abandoned. The well(s) should be properly registered with the District and either be maintained or
abandoned in accordance with the District's standards. Property owners or their representative should call
Mr. David Zozaya, (408) 265-2607, extension 2650, for more information regarding well permits and
registering or abandonment of wells.
Reference District File Number 26000 on further correspondence regarding this project.
If you have any questions or need further information, you can reach me at (408) 265-2607,
extension 2322.
Sincerely,
Colleen Haggerty
Assistant Engineer
Community Projects Review Unit
cc: Kirkeby Engineering, 2397 Forest Avenue, San Jose, CA 95128
f,,,~ recycled paper
November 16, 1999
City of Campbell
Community Development Department
70 North First Street
Campbell, CA 95008-1423
Attn: Katrina Rice Schmidt, AICP, Planner II
Re: PLN 1999-00011
299 N. Harrison Avenue
APN 279-40-035
PG&E file: 50005782
CITY OF CAMPBELL
P HHING DEPT.
Dear Ms. Schmidt:
Thank you for the opportunity to review the subject site plan. PG&E has no objections to
the site plan.
PG&E owns and operates a variety of gas and electric facilities which (may be/are)
located within the proposed project boundaries. Project proponents should coordinate
with PG&E early in the development of their project plans to promote the safe and
reliable maintenance and operation of existing utility facilities. Any proposed
development plans should provide for unrestric'ted utility access and prevent interference
with PG&E easements.
Activities which may impact our facilities include, but are not limited to,
permanent/temporary changes in grade over or under our facilities, construction of
structures within or adjacent to PG&E's easements, and planting of certain types of
vegetation over, under, or adjacent to our facilities.
The installation of new gas and electric facilities and/or the relocation of existing PG&E
facilities will be performed in accordance with common law or Rules and Tariffs as
authorized by the California Public Utilities Commission.
Please contact me at (408)282-7546 if you have any questions regarding our comments.
Sincerely;
Nicholas C. Arellano
Lead Land Technician
Land Rights Offices - San Jose
111 Almaden Blvd., Room 814
San Jose, CA 95115