Mod to Site and Arch - 2005February 23, 2005
Mr. Tu Tuan Nguyen (Applicant)
Mr. Duc Lam Nguyen (Property Owner)
819 Kenneth Avenue
Campbell, CA 95008
Re: PLN2004-187- 819 Kenneth Avenue
Modification to Site and Architectural Review Permit
Dear Applicant:
CAMPBELL
/.
1
~~
Please be advised that at its meeting of February 22, 2005, the Planning Commission adopted
Resolution No. 3630 approving a Modification (PLN2004-187) to a Site and Architectural
Review Permit (PLN2003-101) to allow a second story balcony on the above referenced
property.
This action is effective in ten calendar days, unless appealed in writing to the City Clerk by 5
p.m. on Friday, March 4, 2005. The time within which judicial review of this action must be
sought is governed by Section 1094.6 of the California Code of Civil Procedure, unless another
statute (such as California Government Code Section 65009 or some other applicable provision)
sets forth a more specific time period.
If you have any questions, please do not hesitate to contact me at (408) 866-2140.
Sincerel
~~~~
Tim J. Haley
Associate Planner
Cc: Ed Arango, Public Works
Frank Mills, Building
Chris Veargason, County Fire
70 North First Street - Campbell, California 9 5008-1 4 3 6 rep 408.866.2140 Fax 408.871.5140 Toi~ 408.866.2790
RESOLUTION N0.3630
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A MODIFICATION (PLN2004-187)
OF A PREVIOUSLY APPROVED SITE AND ARCHITECTURAL REVIEW
PERMIT (PLN2003-101) TO ALLLOW A SECOND STORY BALCONY
ON PROPERTY OWNED BY MR. DUC LAM NGUYEN LOCATED AT
819 KENNETH AVENUE IN
RESII?ENTIAL) ZONING DISTRICT
NGUYEN. FILE NO. PLN2004-187.
AN R-1-10 (SINGLE FAMILY
APPLICATION OF MR. TU TUAN
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the Planning Commission did find as follows
with respect to application PLN2004-187:
The density of the proposed project site is 3.4 units per gross acre, which is consistent with
the General Plan land use designation of Low Density Residential (less than 3.5 units per
gross acre).
2. The proposed project is consistent with the R-1-10 (Single-Family Residential, 10,000 square
foot minimum lot size) Zoning District and meets the minimum setbacks, height restriction,
building coverage, floor area ratio and parking requirements of the R-1-10 Zoning District.
3. The project is consistent with the development standards and design guidelines of the San
Tomas Area Neighborhood Plan.
4. The proposed balcony is centered on the rear of the residence with a 22 foot setback to the
southern property line and a 30 setback to the northerly property line.
5. The proposed balcony is well designed and is architecturally compatible with the residence.
The balcony design incorporates a screen wall and landscaping planters to minimize the
privacy impacts to adjacent uses.
6. The proposed project is surrounded by single-family residences to the north, south and east
and duplexes to the west.
7. The project qualifies as Categorically Exempt under Section 15301, Class 1 of the California
Environmental Quality Act (CEQA) pertaining to the construction of a minor alteration to an
existing structure.
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The proposed project is.consistent with the General Plan and Zoning Ordinance.
Planning Commission Res~_..cion No. 3630
PLN2004-187 -819 Kenneth Avenue -Modification to Site and Architectural Review Permit
Page 2
2. The proposed project, as conditioned, will aid in the harmonious development of the
immediate area.
3. No substantial evidence has been presented from which a reasonable argument could be
made that shows that the project, as currently presented and subject to the required conditions
of approval, will have a significant adverse impact on the environment.
4. The proposed development will not be detrimental to the health, safety or welfare of the
neighborhood or the City as a whole.
5. There is a reasonable relationship between the use of the fees imposed upon the project and
the type of development project.
6. There is a reasonable relationship and a rough proportionality between the conditions of
approval and the impacts of the project.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves a
Modification (PLN2004-187) to a previously approved Site and Architectural Review Permit
(PLN2003-101) to allow a second story balcony on property owned by Mr. Duc Lam Nguyen
located at 819 Kenneth Avenue in an R-1-10 (Single Family Residential) Zoning District,
subject to the following conditions:
Where approval by the Director of Community Development, City Engineer, Public Works
Director, City Attorney or Fire Department is required, that review shall be for compliance with
all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and
regulations and accepted engineering practices for the item under review. Additionally, the
applicant is hereby notified that he/she is required to comply with all applicable Codes or
Ordinances of the City of Campbell and the State of California that pertain to this development
and are not herein specified.
COMMiTNITY DEVELOPMENT DEPARTMENT
Planning Division:
1. Approved Project: Approval is granted for a Modification to a previous Site and
Architectural Review Permit to allow the construction of a rear balcony located at 819
Kenneth Avenue. The building design shall substantially conform to the project exhibits
listed below, except as may be modified by the conditions of approval herein:
a. Project plans prepared by Tu Tuan Nguyen and dated July 28, 2003, including a site plan,
floor plans, and elevations received December 21, 2004.
2. Approval Expiration: The Modification to the Site and Architectural Review Permit approval
shall be valid for a period of one year from the date of final approval. Within this one-year
period, a building permit must be obtained and construction completed one year thereafter or
the Site and Architectural Review Permit shall be void.
Planning Commission Reso._~ion No. 3630
PLN2004-187 -819 Kenneth Avenue -Modification to Site and Architectural Review Permit
Page 3
3. Landsca~inQ: Proposed planter boxes on the balcony shall include screening shrubs and
climbing vines that provide an effective screen of views to neighboring properties.
Landscaping materials shall be irrigated and maintained in a good condition so that plantings
will create an effective screen to neighboring properties.
4. Property Maintenance: The property is to be maintained free of any combustible trash, debris
and weeds until the time that actual construction commences. All existing structures shall be
secured by having windows boarded up and doors sealed shut, or be demolished or removed
from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code.
Building Division:
5. Permits Required: A building permit application shall be required for each proposed new
structure. The building permit shall include ElectricaUPlumbing/Mechanical fees when such
work is part of the permit.
6. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of
construction plans submitted for building permit.
7. Size of Plans: The minimum size of construction plans submitted for building permits shall
be 24 inches by 36 inches.
8. Plan Preparation: This project requires plans prepared under the direction and oversight of a
California Licensed Engineer or Architect. Plans submitted for building permits shall be
"wet stamped" and signed by the qualifying professional person.
9. Site Plan: Application for building permits shall include an accurate site plan that identifies
property and proposed structures with dimensions and elevations as appropriate. The site
plan shall also include site drainage details.
PASSED AND ADOPTED this 22"d day of February, 2005, by the following roll call vote:
AYES: Commissioners: Alderete, Doorley, Ebner, Francois, Gibbons, Rocha and
Roseberry
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
APPROVED:
Elizabeth Gibbons, Chair
ATTEST:
Sharon Fierro, Secretary
O~ • LAMA ITEM NO. 1
u . er
0 o CITY OF CAMPBELL -PLANNING COMMISSION
y`"• o a • `~ Staff Report -February 22, 2005
RCHA~
Public Hearing to consider the application of Mr. Tu. Tuan Nguyen, on
PLN2004-187 behalf of Mr. Duc Lam Nguyen, for a Modification (PLN2004-187) of a
Nguyen, T. previously-approved Site and Architectural Review Permit (PLN2003-101)
to allow asecond-story balcony on property owned by Mr. Duc Lam
Nguyen located at 819 Kenneth Avenue in an R-1-10 (Single Family
Residential) Zoning District.
STAFF RECOMMENDATION
That the Planning Commission take the following action:
1. Adopt a Resolution, incorporating the attached findings, approving a Modification to a
previous Site and Architectural Review Permit to allow asecond-story balcony on an
existing single-family residence, subject to the attached conditions of approval.
ENVIRONMENTAL DETERMINATION
Staff recommends that the Planning Commission find that this project is Categorically Exempt
under Section 15301, Class 1 of the California Environmental Quality Act (CEQA), pertaining
to the construction of minor alterations to an existing facility.
PROJECT DATA
Category
Gross Lot Area:
Net Lot Area:
Density:
Proposed
12,597 sq. ft. (0.289 acres)
10,257 sq. ft. (0.235 acres)
3.4 units/gross acre
Required/Allowed
N/A
10,000 sq. ft.
Less than 3.5 units/gross acre
Floor Area Ratio (FAR):
Building Coverage:
Proposed Residence:
First Floor:
Second Floor:
Garage:
Covered Porch:
Total:
Detached Accessory
Structure:
Parking Provided:
4,554 square feet (44.4%)
3,584 square feet (34.9%)
1,801 sq. ft.
1,226 sq. ft.
527 sq. ft.
256 sq. ft.
3,554 sq. ft. w/o porches
1,000 sq. ft.
2 covered, 2 uncovered
4,615 sq. ft. maximum (45%)
3,590 sq. ft. maximum (35%)
N/A
N/A
200 sq. ft. minimum
N/A
N/A
1,000 sq. ft. maximum
1 covered, 1 uncovered
Building Height: 26 ft. 11 inches 28 ft. maximum
Staff Report -Planning (,ummission -Meeting of February 22, 2(,~~
PLN2004-187 - 819 Kenneth Avenue
Page 2 of 4
Surrounding Uses:
North: Single-Family Residence
South: Single-Family Residence
East: Single-Family Residence
West: Duplexes
DISCUSSION
Applicant's proposal: The applicant is requesting approval of a Modification to a previous Site
and Architectural Review Permit to allow the conversion of a rear porch roof structure into a
second story balcony. This proposal is before the Planning Commission because the guidelines
for the San Tomas Neighborhood regulate second story balconies and in that the original house
design was reviewed under the Site and Architectural Review through a public hearing process.
The subject property is located on the west side of Kenneth Avenue between Waldo Road and
West Sunnyoaks Avenue and is surrounded on three sides by single-family residences and
duplexes to the west.
Back rg ound: The Planning Commission approved a substantial remodel of the residence on the
project site on September 23, 2003. The two-story residence that was approved by the Planning
Commission is currently well under construction.
ANALYSIS
General Plan Desi ng ation: The General Plan land use designation for the project site is Low
Density Residential (less than 3.5 units per gross acre). The density of the proposed residential
project is 3.4 units per gross acre. The proposed balcony is consistent with the following General
Plan Strategies:
Strategy LUT-7.2n: Consistency With Plans: Ensure that new development and
substantial remodeling projects are consistent with Specific Plans, Area Plans,
City Standard Details and adopted Streetscape Standards to create a cohesive
design.
Strategy LUT-17.1b: Landscaping: Ensure that new developments provide new
tree plantings, shrubs, greenery and other landscaping materials, and preserve
existing trees and shrubs.
San Tomas Area Neighborhood Plan: The project site is located in the San Tomas
Neighborhood and is subject to the San Tomas Area Neighborhood Plan (STANP). Staff finds
that the proposed project is consistent with the development standards and design guidelines of
the STANP.
Zoning Desi ngnatio_n: The zoning designation for the project site is R-1-10 (Single-Family
Residential, 10,000 square foot minimum lot size). The proposed project is consistent with this
zoning designation and meets the minimum setbacks, height restriction, building coverage, floor
area ratio and parking requirement of the R-1-10 Zoning District.
Staff Report -Planning (,ummission -Meeting of February 22, 2~.,~
PLN2004-187 - 819 Kenneth Avenue
Page 3 of 4
Balcony Layout and Design: The proposed balcony is centered on the rear portion of the
residence with a 22 foot setback to the southern property line and a 30 foot setback to the
northerly property line. This portion of the residence was previously the roof over a rear porch
area and comprises approximately 160 square feet in area.
Accessory Building: A single story accessory building of approximately 1,000 square feet
extends across the rear portion of the property, thus providing a visual barrier to the rear of the
property.
Landscaping/ Screening: The applicant is proposing a low planter box around the perimeter of
the balcony and a screen wall is shown at the side of the balcony to minimize privacy impacts to
the neighboring properties.
Site and Architectural Review Committee: The Site and Architectural Review Committee
reviewed this application at its meeting of February 8, 2005. The Committee was supportive of
the proposed balcony with a recommendation that a condition of approval be provided that
ensures that the landscape planters associated with the balcony be maintained. Condition No. 3
of approval requires the maintenance of the landscaping.
Attachments:
1. Recommended Findings for Approval of File No. PLN2004-187
2. Recommended Conditions of Approval for File No. PLN2004-187
3. Exhibits (Site Plan, Floor Plan, Elevations)
4. Location Map
Prepared by: ~.~--
Tim J. Hah~v. Associate Planner
Approved by: (•
Geoff I. Brad ey, Senior Planner
Attachment # 1
RECOMMENDED FINDINGS FOR APPROVAL OF FILE NO. PLN2004-187
SITE ADDRESS:
APPLICANT:
DATE:
819 Kenneth Avenue
Mr. Tu Tuan Nguyen
February 22, 2005
Findin sg for approval of a Modification to a previous Site and Architectural Review Permit to
allow a second story balcony on the rear of an approved two-stor~gle-family residential
located at 819 Kenneth Avenue.
The Planning Commission finds as follows with regard to File No. PLN2004-187:
The density of the proposed project site is 3.4
the General Plan land use designation of Loy
gross acre).
units per gross acre, which is consistent with
Density Residential (less than 3.5 units per
2. The proposed project is consistent with the R-1-10 (Single-Family Residential, 10,000 square
foot minimum lot size) Zoning District and meets the minimum setbacks, height restriction,
building coverage, floor area ratio and parking requirements of the R-1-10 Zoning District.
3. The project is consistent with the development standards and design guidelines of the San
Tomas Area Neighborhood Plan.
4. The proposed balcony is centered on the rear of the residence with a 22 foot setback to the
southern property line and a 30 setback to the northerly property line.
5. The proposed balcony is well designed and is architecturally compatible with the residence.
The balcony design incorporates a screen wall and landscaping planters to minimize the
privacy impacts to adjacent uses.
6. The proposed project is surrounded by single-family residences to the north, south and east
and duplexes to the west.
7. The project qualifies as Categorically Exempt under Section 15301, Class 1 of the California
Environmental Quality Act (CEQA) pertaining to the construction of a minor alteration to an
existing structure.
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The proposed project is consistent with the General Plan and Zoning Ordinance.
2. The proposed project, as conditioned, will aid in the harmonious development of the
immediate area.
Attachment # 1
Page 2 of 2
3. No substantial evidence has been presented from which a reasonable argument could be
made that shows that the project, as currently presented and subject to the required conditions
of approval, will have a significant adverse impact on the environment.
4. The proposed development will not be detrimental to the health, safety or welfare of the
neighborhood or the City as a whole.
5. There is a reasonable relationship between the use of the fees imposed upon the project and
the type of development project.
6. There is a reasonable relationship and a rough proportionality between the conditions of
approval and the impacts of the project.
Attachment #2
RECOMMENDED CONDITIONS OF APPROVAL FOR FILE NO. PLN2004-187
SITE ADDRESS: 819 Kenneth Avenue
APPLICANT: Mr. Tu Tuan Nguyen
DATE: February 22, 2005
The applicant is hereby notified, as part of this application, that (s)he is required to meet the
following conditions in accordance with the ordinances of the City of Campbell and the State of
California. The lead department with which the applicant will work is identified on each
condition where necessary. Where approval by the Director of Community Development, City
Engineer, Public Works Director, City Attorney, or Fire Department is required, that review shall
be for compliance with all applicable conditions of approval, adopted policies and guidelines,
ordinances, laws and regulations, and accepted engineering practices, for the items under review.
Additionally, the applicant is hereby notified that (s)he is required to comply with all applicable
Codes or Ordinances of the City of Campbell and the State of California that pertain to this
development and are not herein specified:
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division:
Approved Project: Approval is granted for a Modification to a previous Site and
Architectural Review Permit to allow the construction of a rear balcony located at 819
Kenneth Avenue. The building design shall substantially conform to the project exhibits
listed below, except as may be modified by the conditions of approval herein:
a. Project plans prepared by Tu Tuan Nguyen and dated July 28, 2003, including a site plan,
floor plans, and elevations received December 21, 2004.
2. Approval Expiration: The Modification to the Site and Architectural Review Permit approval
shall be valid for a period of one year from the date of final approval. Within this one-year
period, a building permit must be obtained and construction completed one year thereafter or
the Site and Architectural Review Permit shall be void.
3. Landscaping: Proposed planter boxes on the balcony shall include screening shrubs and
climbing vines that provide an effective screen of views to neighboring properties.
Landscaping materials shall be irrigated and maintained in a good condition so that plantings
will create an effective screen to neighboring properties.
4. Property Maintenance: The property is to be maintained free of any combustible trash, debris
and weeds until the time that actual construction commences. All existing structures shall be
secured by having windows boarded up and doors sealed shut, or be demolished or removed
from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code.
Attachment #2
Page 2 of 2
Building Division:
5. Permits Required: A building permit application shall be required for each proposed new
structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such
work is part of the permit.
6. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of
construction plans submitted for building permit.
7. Size of Plans: The minimum size of construction plans submitted for building permits shall
be 24 inches by 36 inches.
8. Plan Preparation: This project requires plans prepared under the direction and oversight of a
California Licensed Engineer or Architect. Plans submitted for building permits shall be
"wet stamped" and signed by the qualifying professional person.
9. Site Plan: Application for building permits shall include an accurate site plan that identifies
property and proposed structures with dimensions and elevations as appropriate. The site
plan shall also include site drainage details.