Site & Tree Removal - 2006January 10, 2007
Mr. Dan Call
1045 Hazel Avenue
Campbell, CA 95008
Re: PLN2006-121 /122 - 1045 Hazel Avenue
Site and Architectural Review Permit/Tree Removal Permit
Dear Applicant:
Please be advised that at its meeting of January 9, 2007, the Planning Commission took
the following actions:
• Adopted Resolution No. 3788 granting a Site and Architectural Review Permit to
allow the construction of a new two-story residence; and
• Adopted Resolution No. 3789 granting a Tree Removal Permit to allow the removal
of seven trees 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, January 19, 2007. 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.
Sincerely
Tim J. Haley
Associate Planner
Cc: Frank Mills, Building Division
Chris Veargason, Fire Department
Ed Arango, Public Works
RESOLUTION NO. 3788
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL GRANTING A SITE AND ARCHITECTURAL
REVIEW PERMIT (PLN2006-121) TO ALLOW THE
CONSTRUCTION OF A NEW TWO-STORY RESIDENCE ON
PROPERTY OWNED BY MR. DAN CALL LOCATED AT 1045
HAZEL AVENUE IN AN R-1-6 (SINGLE FAMILY RESIDENTIAL)
ZONING DISTRICT. APPLICATION OF MR. DAN CALL. FILE NO:
PLN2006-121.
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 PLN2006-121:
1. The density of the proposed project site is 5.5 units per gross acre, which is
consistent with the General Plan land use designation of Low Density Residential
(less than 6 units per gross acre).
2. The proposed project is consistent with the R-1-6 (Single-Family Residential, 6,000
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-1-6 Zoning District.
3. The project is consistent with the development standards and design guidelines of
the San Tomas Area Neighborhood Plan.
4. The home consists of a 3,306 square foot two story single-family residence, with a
building coverage of 35.5 percent, and a floor area of 45 percent.
5. The project provides two covered and two uncovered parking spaces, where a
minimum of one covered and one uncovered parking space is required.
6. The height of the home is 27'-0", where the maximum height limit is 28'-0".
7. The proposed project is well designed and is architecturally compatible with the
surrounding neighborhood.
8. The proposed project includes the removal of six existing walnut tree and one palm
tree with the replacement of these trees with five 24" boxed screening trees
consistent with the STANP policies.
Planning Commission Resolution No. 3788
PLN200rj-121 - 1045 Hazel Avenue -Site and Architectural Review Permit
Page 2
9. The proposed residence incorporates representative architectural features of homes
in the San Tomas Neighborhood including simple rectangular shaped forms, hipped
and gabled roofs, composition shingle roof, stucco siding, and an attached garage.
10.The subject property is located on the north side of Hazel Avenue between Pecan
Way and Craig Avenue. The property is surrounded by single-family residences on
the north, south, east and west.
11.The project qualifies as Categorically Exempt under Section 15303, Class 3 of the
California Environmental Quality Act (CEQA) pertaining to the construction of a new
single-family residence in an urbanized area.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The proposed project is consistent with the City of Campbell General Plan and
Zoning Ordinance.
2. The proposed project, as conditioned, will aid in the harmonious development of the
immediate area.
3. The proposed project is well designed and is architecturally compatible with the
surrounding neighborhood.
4. 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.
5. The proposed development will not be detrimental to the health, safety or welfare of
the neighborhood or the City as a whole.
6. The proposed project will contribute to the housing stock in the City of Campbell and
serve the housing needs of the community.
7. There is a reasonable relationship between the use of the fees imposed upon the
project and the type of development project.
8. There is a reasonable relationship and a rough proportionality between the
conditions of approval and the impacts of the project.
Planning Commission Resolution No. 3788
PLN2006-121 - 1045 Hazei Avenue -Site and Architectura! Review Permit
Page 3
THEREFORE, BE IT RESOLVED that the Planning Commission approves a Site and
Architectural Review Permit (PLN2006-121) to allow the construction of a new two-story
residence on property owned by Mr. Dan Call located at 1045 Hazel Avenue in an R-1-
6 (Single Family Residential) Zoning District.
Where approval by the Director of Community Development, City Engineer, Public
Works Director, City Attorney or Fire Department is required, that review shall be for
compliance with all applicable conditions of approval, adopted policies and guidelines,
ordinances, laws and regulations and accepted engineering practices for the item under
review. Additionally, the applicant is hereby notified that he/she is required to comply
with all applicable Codes or Ordinances of the City of Campbell and the State of
California that pertain to this development and are not herein specified.
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division:
1. Approved Proiect: Approval is granted for a Site and Architectural Review Permit to
allow the construction of a new single-family residence located at 1045 Hazel
Avenue. The building design and site design shall substantially conform to the
project exhibits listed below, except as may be modified by the conditions of
approval herein:
a. Project Plans and Color/Material Board prepared by Daryl Fazekas, Architect,
and date August 8, 2006 and November 28, 2006, including a site plan, floor
plans, and elevations (5 sheets).
b. Tentative and Preliminary grading and drainage plan prepared by DeBolt Civil
Engineering, Inc. dated July 3, 2006 (1 sheet).
2. Approval Expiration: The Site and Architectural Review Permit approval shall be
valid for a period of one year from the date of final approval. Within this one-year
period, a building permit must be obtained and construction completed one year
thereafter or the Site and Architectural Review Permit shall be void.
3. Architectural Elevations: Provide actual building color and roofing material samples
for review and approval by the Community Development Director prior to the
issuance of Building Permits.
4. Fences: Any existing or new fencing shall comply with Section 21.18.060 of the
Campbell Municipal Code. Fencing along the property lines shall be replaced with a
new fence at the expense of the applicant, unless it is determined to be in good
condition by the Community Development Director.
Planning Commission Resolution No. 3788
PLN2006-121 - 1045 Hazel Avenue -Site and Architectural Review Permit
Page 4
5. 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.)
6. Parking and Driveways: All parking and driveway areas shall be developed in
compliance with the approved plans and Chapter 21.28 (Parking and Loading) of the
Campbell Municipal Code. Applicant shall provide semi-pervious pavers or stamped
concrete for portions of the new driveway.
7. Landscape Plan: The applicant shall submit a final landscape plan, prior to the
issuance of building permits, for review and approval by the Community
Development Director. The landscape plan shall substantially conform to the
approved site plan and the City's Water Efficient Landscaping Standards (WELS)
and shall include the installation of five new twenty- four inch boxed evergreen trees
(species to be determined), and the protection of one oak tree and two existing
walnut trees. The new required trees shall be installed prior to the issuance of a
Certificate of Building Occupancy.
8. Utilities: All new on-site utilities shall be installed underground per section 21.18.140
of the Campbell Municipal Code.
9. On-Site Lighting: On-site lighting shall be shielded away from adjacent properties
and directed on site in compliance with Section 21.18.090 of the Campbell Municipal
Code. Lighting fixtures shall be of a decorative design to be compatible with the
residential development and shall incorporate energy saving features.
10. Contractor Contact Information Posting: The project site shall be posted with the
name and contact number of the lead contractor in a location visible from the public
street prior to the issuance of building permits.
11. Construction Hours: Construction activities will be limited to the hours of 8:00 a.m. to
5:00 p.m. weekdays and 9:00 a.m. to 4:00 p.m. Saturdays. Construction is
prohibited on Sundays and Holidays, unless an exception is granted by the Building
Official.
12. Roof Vents: The applicant shall coordinate mechanical and plumbing plans to
minimize the number of roof vents that are visible from the street frontage. The
applicant shall provide the location of such vents on the building plan elevations and
roof plans, to the satisfaction of the Community Development Director, prior to
issuance of a building permit.
Building Division:
Planning Commission ReS~lution No. 3788
PLN2006-121 - 1045 Hazel Avenue -Site and Architectural Review Permit
Page 5
13. Permits Required: A building permit application shall be required for the proposed
new single family dwelling. The building permit shall include
Electrical/Plumbing/Mechanical fees when such work is part of the permit.
14. Construction Plans: The conditions of approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
15. Size of Plans: The size of construction plans submitted for building permits shall be
24 inches by 36 inches.
16. Plan Preparation: Portions of this project require 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.
17. Soils Report: Two copies of a current soils report, prepared to the satisfaction of the
Building Official, containing foundation and retaining wall design recommendations
shall be submitted with the building permit application. This report shall be prepared
by a licensed engineer specializing in soils mechanics.
18. Site Plan: Application for building permit shall include a competent site plan that
identifies property and proposed structures with dimensions and elevations as
appropriate. Site plan shall also include site drainage details.
19. Foundation Inspections: A pad certificate prepared by a licensed civil engineer or
land surveyor shall be submitted to the project building inspector upon foundation
inspection. This certificate shall certify compliance with the recommendations as
specified in the soils report and the building pad elevation and on-site retaining wall
locations and elevations are prepared according to approved plans. Horizontal and
vertical controls shall be set and certified by a licensed surveyor or registered civil
engineer for the following items:
a. pad elevation
b. finish floor elevation (first floor)
c. foundation corner locations
20. Title 24 Energy Compliance: California Title 24 Energy Compliance forms CF-1 R
and MF-1 R shall be blue-lined on the construction plans. 8'/z by 11 calculations
shall be submitted as well.
21. Special Inspections: When a special inspection is required by U.B.C. Section 1701,
the architect or engineer of record shall prepare an inspection program that shall be
submitted to the Building Official for approval prior to issuance of the building
permits, in accordance with U.B.C Section 106.3.5. Please obtain City of Campbell,
Special Inspection forms from the Building Inspection Division Counter.
Planning Commission Resuiution No. 3788
PLN2006-121 - 1045 Hazel Avenue -Site and Architectural Review Permit
Page 6
22. Non-Point Source Pollution Control: 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" by 36") is available at the
Building Division service counter.
23. Approvals Required: The project requires the following agency approvals prior to
issuance of the building permit:
a. West Valley Sanitation District (378-2407)
b. Santa Clara County Fire Department (378-4010)
c. Bay Area Air Quality Management District (Demolitions Only)
d. School District:*
i) Campbell Union School District (378-3405)
ii) Campbell Union High School District (371-0960)
iii) Moreland School District (379-1370)
iv) Cambrian School District (377-2103)
*To determine your district, contact the offices identified above. Obtain the School
District payment form from the City Building Division, after the Division has
approved the building permit application.
24. P.G.&E.: Applicant is advised to contact Pacific Gas and Electric Company as early
as possible in the approval process. Service installations, changes and/or
relocations may require substantial scheduling time and can cause significant delays
in the approval process. Applicant should also consult with PG&E concerning utility
easements, distribution pole locations, and required conductor clearances.
25. Intent to Occupy Dwelling: Owners shall declare their intent to occupy or not occupy
the new dwelling upon completion of construction. Forms can be obtained at the
Building Division Counter.
26. Construction Fencing: This project shall be properly enclosed with construction
fencing to prevent unauthorized access to the site .during construction. The
construction site shall be secured to prevent vandalism and/or theft during hours
when no work is being done. All Protected trees shall be fenced to prevent damage
to root systems.
PUBLIC WORKS DEPARTMENT
27. Previously Conditioned Parcel Map: Prior to issuance of any grading or building
permits for the site, the applicant shall have completed all the requirements for the
parcel map previously submitted under application PLN 2004-00015.
35. Street Improvements: Prior to issuance of any grading or building permits for the
site, the applicant shall execute a street improvement agreement, cause plans for
Planning Commission Reso~ution No. 3788
PLN2006-121 - 1045 Hazel Avenue -Site and Architectural Review Permit
Page 7
public street improvements to be prepared by a registered civil engineer, pay various
fees and deposits, post security and provide insurance necessary to obtain an
encroachment permit for construction of the standard public street improvements, as
required by the City Engineer. The plans shall include the following:
a. Removal of 2.5" of existing asphalt concrete via grinding over entire frontage to
centerline, or as required by the City Engineer.
b. Installation of asphalt concrete overlay per street pavement restoration plan for
utility installation and/or abandonment, as required by the City Engineer.
c. Installation of traffic control, stripes and signs.
d. Construction of conforms to existing public and private improvements, as
necessary.
36.Additional Street Improvements: Should any new utility main lines or other work
required to service the development affect any public improvements, the City may
add conditions to the development/project, at the discretion of the City Engineer, to
restore pavement or other public improvements to the satisfaction of the City.
37.Occupanc~ Prior to allowing occupancy for any and/or all buildings, the applicant
shall have the required pavement restoration installed and accepted by the City, and
the design engineer shall submit as-built drawings to the City.
38. Maintenance of Landscaping_ Owner(s), current and future, are required to maintain
the landscaped park strip and tree wells in the public right of way. This includes, but
is not limited to: trees, lawn, plantings, irrigation, etc. Trees shall not be pruned in a
manner that would not allow the tree to grow to a mature height.
39. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and
sewer cleanout(s) shall be relocated or installed on private property behind the
public right-of-way line.
40. Utilities: All on-site utilities shall be installed underground per Section 21.18.140 of
the Campbell Municipal Code for any new or remodeled buildings or additions.
Applicant shall comply with all plan submittals, permitting, and fee requirements of
the serving utility companies.
41. Utility Coordination Plan: Prior to issuance of building permits for the site, the
applicant shall submit a utility coordination plan and schedule for approval by the
City Engineer for installation and/or abandonment of all utilities. The plan shall
clearly show the location and size of all existing utilities and the associated main
lines; indicate which utilities and services are to remain; which utilities and services
are to be abandoned, and where new utilities and services will be installed. Joint
trenches for new utilities shall be used whenever possible.
Planning Commission Resuiution No. 3788
PLN2006- i 21 - 1045 Hazei Avenue -Site and Architectural Review Permit
Page 8
42. Pavement Restoration: Based on the utility coordination plan, the applicant shall
prepare a pavement restoration plan for approval by the City Engineer prior to any
utility installation or abandonment. Streets that have been reconstructed or overlaid
within the previous five years will require boring and jacking for all new utility
installations. Hazel Avenue has not been reconstructed or overlaid in the last 5
years. The pavement restoration plan shall indicate how the street pavement shall
be restored following the installation or abandonment of all utilities necessary for the
project.
43. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or
building permits, the applicant shall comply with the National Pollution Discharge
Elimination System (NPDES) permit requirements, Santa Clara Valley Water District
requirements, and the Campbell Municipal Code regarding stormwater pollution
prevention. The primary objectives are to improve the quality and reduce the
quantity of stormwater runoff to the bay.
Resources to achieve these objectives include Stormwater Best Management
Practices Handbook for New Development and Redevelopment ("CA BMP
Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start
at the Source: A Design Guidance Manual for Stormwater Quality Protection ("Start
at the Source") by the Bay Area Stormwater Management Agencies Association
(BASMAA), 1999; and Using Site Design Techniques to Meet Development
Standards for Stormwater Quality: A Companion Document to Start at the Source
("Using Site Design Techniques") by BASMAA, 2003.
FIRE DEPARTMENT
37. Formal Plan Review: Review of this Developmental proposal is limited to
acceptability of site access and water supply as they pertain to fire department
operations, and shall not be construed as a substitute for formal plan review to
determine compliance with adopted model codes. Prior to performing any work the
applicant shall make application to, and received from, the Building Department all
applicable construction permits.
38. Required Fire Flow: The fire flow for this project is 1000 gpm at 20 psi residual
pressure.
39. Required Fire Flow Option (Single Family Dwellings): Provide the required fire flow
from fire hydrants spaced at a maximum of 500 feet or, provide an approved fire
sprinkler system throughout all portions of the building, designed per National Fire
Protection (NFPA) Standard # 13D and local ordinances.
The applicant shall state in writing on the drawings that a sprinkler system or a new
hydrant will be installed.
Planning Commission Resolution No. 3788
PLN2006-121 - 1045 Hazel Avenue -Site and Architectural Review Permit
Page 9
40. Fire_Apparatus (Engine) Access Driveway Requires: Provided an access driveway
with a paved all weather surface, a minimum unobstructed width of 12 feet, vertical
clearance of 13 feet 6 inches. Installations shall conform to Fire Department
Standard details and Specifications sheet D-1.
41. Premises Identification: Approved numbers or addresses shall be placed on all new
and existing buildings in such a position as to be plainly visible and legible from the
street or road fronting the property. Numbers shall contrast with their background.
Revise drawings in writing to reflect compliance with this requirement.
PASSED AND ADOPTED thi:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
Stn day of January, 2007, by the following roll call vote:
Alderete, Ebner, Francois, Gibbons, Rocha and
Roseberry
Doorley
None
None
APPROVED:
Michael Rocha, Chair
ATTEST:
Sharon Fierro, Secretary
RESOLUTION NO. 3789
BEING A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CAMPBELL GRANTING A TREE REMOVAL
PERMIT (PLN2006-122) TO ALLOW THE REMOVAL OF
SEVEN TREES ON PROPERTY OWNED BY MR. DAN CALL
LOCATED AT 1045 HAZEL AVENUE IN AN R-1-6 (SINGLE
FAMILY RESIDENTIAL) ZONING DISTRICT. APPLICATION
OF MR. DAN CALL. FILE NO: PLN2006-122.
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 PLN2006-122:
1. The proposed Tree Removal Permit is consistent with the Low Density Residential
(less than 6 units per gross acre) General Plan land use designation and R-1-6
(Single-family Residential) Zoning District.
2. The project will include the removal of six English/Black Walnut trees and one Palm
tree because they would prohibit the construction of the new building.
3. The five 24-inch box replacement trees are consistent with the tree replacement
requirements of the Tree Protection Regulations in that none of the removed trees
are protected.
4. The proposed replacement trees will be a sufficient replacement for the trees to be
removed and will continue the diversity of tree species found in the community.
5. The project qualifies as Categorically Exempt under Section 15303, Class 3 of the
California Environmental Quality Act (CEQA) pertaining to the construction of a new
single-family residence in an urbanized area.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The retention of the trees restricts the economic enjoyment of the property and
creates an unusual hardship for the property owner by severely limiting the use of
the property in a manner not typically experienced by owners of similarly zoned and
situated properties, and the applicant has demonstrated to the satisfaction of the
Planning Commission that there are no reasonable alternatives to preserve the trees
due to the number of site constraints of the infill site.
Planning Commission Resolution No. 3789
PLN2006-122 - 1045 Hazel Avenue -Tree Removal Permit
Page 2 of 3
2. 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.
3. 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 grants a Tree
Removal Permit (PLN2006-122) to allow the removal of seven trees on property owned
by Mr. Dan Call located at 1045 Hazel Avenue in an R-1-6 (Single Family Residential)
Zoning District.
Where approval Eby the Director of Community Development, City Engineer, Public
Works Director, City Attorney or Fire Department is required, that review shall be for
compliance with all applicable conditions of approval, adopted policies and guidelines,
ordinances, laws and regulations and accepted engineering practices for the item under
review. Additionally, the applicant is hereby notified that he/she is required to comply
with all applicable Codes or Ordinances of the City of Campbell and the State of
California that pertain to this development and are not herein specified.
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division:
1. Approved Permit: Approval is granted for a Tree Removal Permit (PLN 2006-121) to
allow the removal of seven trees (six Black or English Walnut trees and one Palm
tree) on property located at 1045 Hazel Avenue. This permit shall be valid only in
conjunction with the approved Site and Architectural Permit (PLN2006-121).
2. Replacement Trees: Five 24-inch box size trees shall be required as replacement
for the existing trees to be removed. The location and species of these trees shall
be shown on the detailed landscape and irrigation plans that shall be submitted to
the Planning Division for review and approval by the Community Development
Director, prior to the issuance of building permits. The proposed replacement trees
shall continue the diversity of tree species found in the community and shall be a
species listed in the City's Water Efficient Landscaping Standards (WELS).
3. Tree Protection Plan: The applicant shall submit a tree protection plan for all
protected trees to be retained on site or on adjacent lots that are impacted by the
project, and shall contain specific information about the preservation of the trees
during any grading or building on site. Such tree protection measures shall be
installed prior to any demolition, grading, or building (e.g. building foundations,
retaining walls, tree wells, etc.) on the project site. No construction or trenching shall
take place within the drip line of trees beyond that shown on the plans and a fence
constructed of temporary cyclone fencing or wire mesh securely attached to poles
Planning Commission Resolution No. 3789
PLN2006-122 - 1045 Hazel Avenue -Tree Removal Permit
Page 3 of 3
driven into the ground shall be installed around the dripline of the tree. All trimming
or branch removal from protected trees shall be completed by a certified arborist.
The tree protection plan shall be submitted to the Planning Division for review and
approval by the Community Development Director prior to the issuance of building
permits.
a. A specific detail for installation of fences under the drip line of the trees to be
preserved shall be submitted to the Community Development Director for review
and approval prior to the issuance of a building permit. This detail shall be
included in the construction document plan set.
b. To protect existing trees to be preserved from the grade increase on the project
site, tree wells shall be constructed around the existing trees to be preserved. A
specific detail for the construction of the tree wells shall be submitted to the
Community Development Director for review and approval prior to the issuance
of a building permit. This detail shall be included in the construction document
plan set.
c. All of the tree protection recommendations provided in the arborist report dated
March 31, 2006, prepared by Douglas Anderson, WCISA Certified Arborist
#1061, Anderson's Tree Care, shall be followed during the construction process.
These recommendations include general recommendations (page 3), root care
(page 4) and cultural management (page 4).
PASSED AND ADOPTED thi:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
Stn day of January, 2007, by the following roll call vote:
Alderete, Ebner, Francois, Gibbons, Rocha and
Roseberry
None
Doorley
None
APPROVED:
Michael Rocha, Chair
ATTEST:
Sharon Fierro, Secretary