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Admin Site & Arch - 2007December 12, 2007 Mr. Quynh Tran 2767 Deer Isle Drive San Jose, CA 95121 Re: PLN2007-104-1590 Walters Avenue-Site and Architectural Review Permit Dear Applicant: Please be advised that at its meeting of December 11, 2007, the Planning Commission adopted Resolution No. 3857 granting a Site and Architectural Review Permit to allow the construction of a new 3,768 square foot, two-story residence 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, December 21, 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, Steve Prosser Planner I cc: Mr. Phi Han (Property Owners) 1590 Walters Avenue Campbell, CA 95008 RESOLUTION NO. 3857 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL GRANTING A SITE AND ARCHITECTURAL REVIEW PERMIT (PLN2007-104) TO ALLOW THE CONSTRUCTION OF A NEW 3,768 SQUARE FOOT, TWO-STORY RESIDENCE ON PROPERTY OWNED BY MR. PHI HAN LOCATED AT 1590 WALTERS AVENUE IN AN R-1-9 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT. APPLICATION OF MR. QUYNH TRAN, ON BEHALF OF MR. PHI HAN. FILE NO.: PLN2007-104. 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 PLN2007-104. 1. The density of the residential project will result in a density of 2.99 units per gross acre, which is consistent with the General Plan land use designation of Low Density Residential (less than 4.5 units per gross acre). 2. The project is consistent with the R-1-9 (Single-Family Residential, 9,000 square foot minimum lot size) zoning district and meets the minimum setbacks, height restriction, building coverage, and parking requirements of the R-1-9 Zoning District. 3. The project, with the added conditions recommended by the Site & Architectural Review Committee, is consistent with the development standards and design guidelines of the San Tomas Area Neighborhood Plan. 4. The proposed two-story single-family residence and attached garage consists of a 3,768 square foot in area with a building coverage of 23% and floor area ratio of 0.38. 5. The height of the home is 28 feet where the maximum height limit is 28 feet. 6. The residence incorporates representative architectural features of the San Tomas Neighborhood including simple hipped and gabled rooflines, a horizontal wood siding exterior, an attached garage, and composition shingle roofing material. 7. The proposed project is surrounded by single-family residential uses on the north, south, and east, and west. 8. The project provides two covered and two uncovered parking spaces where a minimum of one covered and one uncovered parking space are required. 9. The project qualifies as a Categorically Exempt project per 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. Planning Commission ReSuiution No. 3857 PLN2007-104 - 1590 Walters Avenue -Site and Architectural Review Permit Paae 2 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, with the added conditions recommended by the Site & Architectural Review Committee, 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. THEREFORE, BE IT RESOLVED that the Planning Commission grants a Site and Architectural Review Permit (PLN2007-104) to allow the construction of a new 3,768 square foot, two-story residence on property owned by Mr. Phi Han located at 1590 Walters Avenue in an R-1-9 (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. Planning Commission Resolution No. 3857 PLN2007-104 - 1590 Walters Avenue -Site and Architectural Review Permit Paae 3 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division Declaration of Acceptance of All Conditions: Within thirty (30) days of the Community Development Director's approval, the property owner shall sign the final, approved set of Conditions of Approval. Until said Conditions are signed, the proposed Administrative Site and Architectural Review Permit shall not be valid for any permits sought from the City. 2. Approved Project: Approval is granted for a Site & Architectural Review Permit (PLN2007-104) to allow the construction of a new two-story single-family residence located at 1590 Walters Avenue. The project shall substantially conform to the project plans received by the Planning Division on October 31, 2007, colored elevations received by the Planning Division on December 3, 2007, and the color and material board received by the Planning Division on July 3, 2007, except as may be modified by the Conditions of Approval contained herein: a. The applicant shall provide frosted glass or clerestory windows for all second story bathroom windows. b. The applicant shall provide a detail of the porch entry way and porch columns showing that the columns do not overhang the porch for review and approval of the Community Development Director prior to Building Permit issuance. c. The applicant shall provide two copies of a revised site plan showing the use of upgraded stamped concrete or interlocking pavers for both the driveway and walkway area for review and approval of the Community Development Director prior to Building Permit issuance. d. Planning sign off is required to prior to Building Permit final. Construction not in substantial compliance with the approved project plans shall not be approved without prior authorization of the necessary approving body. 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 or the Site and Architectural Review Permit shall be void. 4. Architectural Details: Prior to issuance of building permits, the applicant shall provide details of the building materials including, but not limited to, a decorative garage door and a decorative entry door to the Community Development Director for review and approval. 5. Fences: Any existing or new fencing shall comply with Section 21.18.060 of the Campbell Municipal Code. Planning Commission Resolution No. 3857 PLN2007-104 - 1590 Walters Avenue -Site and Architectural Review Permit Page 4 6. Property Maintenance: The property is to be maintained free of any combustible trash, debris and weeds until the time that actual construction commences. 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.) 7. Parking and Driveways: All parking and driveway areas shall be developed in compliance with the approved plans with the requirement for either stamped concrete or interlocking pavers, and Chapter 21.28 (Parking and Loading) of the Campbell Municipal Code. 8. Utilities: All new on-site utilities shall be installed underground per section 21.18.140 of the Campbell Municipal Code. 9. On-Site Liahting: 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. The design and type of lighting fixtures and lighting intensity of any proposed exterior lighting for the project shall be reviewed and approved by the Community Development Director prior to installation of the lighting for compliance with all applicable Conditions of Approval, ordinances, laws and regulations. Lighting fixtures shall be of a decorative design to be compatible with the residential development and shall incorporate energy saving features. 10. 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 with the approved site plan and the City's Water Efficient Landscaping Standards (WELS). 11. Tree Protection Plan: The applicant shall submit a tree protection plan for all protected trees to be retained on site and shall contain specific information about the preservation of the trees during any grading or building on site. The tree protection plan shall be included in the building permit set and reviewed and approved by the Community Development Director prior to the issuance of building or grading permits. The tree protection measures shall be installed prior to any demolition, grading, or building on the project site. Documentation of the installation of the tree protection measures shall be submitted to the Planning Division (i.e. photos). No construction or trenching shall take place within the drip tine of trees and a fence constructed of temporary cyclone fencing or wire mesh securely attached to poles driven into the ground shall be installed around the dripline of the tree. 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 the issuance of a Building Permit. Planning Commission Res~iution No. 3857 PLN2007-104 - 1590 Walters Avenue -Site and Architectural Review Permit Page 5 13. Contractor Contact Information Posting: Prior to the issuance of building permits, the project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street so that the contractor can be made aware of noise complaints. 14. Construction Activities: The applicant shall abide by the following requirements during construction: a. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00 p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take place on Sundays or holidays unless an exception is granted by the Building Official. b. All construction equipment with internal combustion engines used on the project site shall be properly muffled and maintained in good working condition. c. Unnecessary idling of internal combustion engines shall be strictly prohibited. d. All stationary noise-generating construction equipment, such as air compressors and portable power generators, shall be located as far as possible from noise- sensitive receptors such as existing residences and businesses. e. Use standard dust and erosion control measures that comply with the adopted Best Management Practices for the City of Campbell. Building Division: 15. Permits Required: A building permit application shall be required for the proposed change in use in an existing commercial structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 16. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 17. Size of Plans: The size of construction plans submitted for building permits shall be 24 inches by 36 inches 18. 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. 19. 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 gin soils mechanics. Planning Commission Resolution No. 3857 PLN2007-104 - 1590 Walters Avenue -Site and Architectural Review Permit Page 6 20. 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 comprehensive site drainage details. 21. Title 24 Eneray Compliance: California Title Energy Compliance forms CF-1 R and MF- 1 R shall be blue-lined on the construction plans. 8'/2 X 11 calculations shall be submitted as well. 22. 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 23. 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. 24. Non-Point Source: The City of Campbell, standard Santa Clara Valley Non-point Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet (size 24" X 36") is available at the Building Division service counter. 25. 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. School District: i) Campbell Union School District (378-3405) ii) Campbell Union High School District (371-0960) iii) Moreland School District (874-2900) iv) Cambrian School District (377-2103) d. Bay Area Air Quality Management District (Demolitions Only) 26. 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 Planning Commission Resolution No. 3857 PLN2007-104 - 1590 Walters Avenue -Site and Architectural Review Permit Paae 7 approval process. Applicant should also consult with P.G. and E. concerning utility easements, distribution pole locations and required conductor clearances. 27. 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: 28. Preliminary Title Report: Prior to issuance of any grading, drainage, or building permits for the site, the applicant shall provide a current (within the past 6 months) Preliminary Title Report. 29. Right-of-Way for Public Street Purposes: Prior to issuance of any grading or building permits for the site, the applicant shall fully complete the process to cause additional right-of-way to be granted in fee for public street purposes along the Walters Avenue and York Avenue frontage to accommodate a 20-foot half street. Additionally a 20-foot curve radius shall be granted in fee at the northwest corner of the property. The applicant shall submit the necessary documents for approval by the City Engineer, process the submittal with City staff's comments and fully complete the right-of-way process. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 30. Public Service Easement and Sidewalk Easement: Prior to issuance of any grading or building permits for the site, the applicant shall grant a 10-foot public service easement on private property along the Walters Avenue & York Avenue frontages. 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. 31. Storm Drain Area Fee: Prior to issuance of any grading or building permits for the site, the applicant shall pay the required Storm Drain Area fee, currently set at $2,120.00 per net acre, which is $700.00 32. 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 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, unless otherwise approved by the City Engineer: a. Show location of all existing utilities within the new and existing public right of way. b. Relocation of all existing utilities including utility boxes, covers, poles, etc. outside of sidewalk area. No utility poles, boxes, covers, etc. will be allowed in the pavement, curb or gutter area. Planning Commission Resolution No. 3857 PLN2007-104 - 1590 Walters Avenue -Site and Architectural Review Permit Paae 8 c. Removal of existing street section to centerline. d. Installation of City standard rolled curb and gutter. The edge of pavement shall be a consistent 16' from centerline along the property's Walters Avenue and York Avenue frontages. e. Installation of engineered structural pavement section to centerline, as required by the City Engineer. f. Installation of asphalt concrete overlay per street pavement restoration plan for utility installation and/or abandonment, as required by the City Engineer. g. Replace existing manhole grate with City standard manhole cover. h. Installation of storm drain inlet, related facilities and connection to existing manhole. i. Installation of traffic control, stripes and signs. j. Construction of conforms to existing public and private improvements, as necessary. k. Submit final plans in a digital format acceptable to the City 33. Utility Pole Relocation: The applicant shall work with the neighboring property owner at 1570 Walters Avenue to split the cost for the relocation of the utility power pole on Walters Avenue, located between the 1570 Walters property and the applicant's property. Prior to issuance of building permits for the site, the applicant shall demonstrate that an application with PG&E has been submitted for the relocation of the utility pole. Prior to final building permit sign off/occupancy release the utility pole shall be relocated. 34. 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. 35. Water MeterL) 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. 36. 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. 37. 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 Planning Commission Resolution No. 3857 PLN2007-104 - 1590 Walters Avenue -Site and Architectural Review Permit Paae 9 utility installation or abandonment. Additionally the applicant shall 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. Streets that have been reconstructed or overlaid within the previous five years will require boring and jacking for all new utility installations. Walters and York Avenue have not been reconstructed or overlaid in the last 5 years. The pavement restoration plan shall indicate how the street pavement shall be restored following the installation or abandonment of all utilities necessary for the project. 38. Utility Encroachment Permits: Separate permits for the installation of utilities to serve the development will be required (including water, sewer, gas, electric, etc.). Applicant shall apply for and pay all necessary fees for utility permits for sanitary sewer, gas, water, electric and all other utility work. 39. Additional Street Improvements: Should it be discovered after the approval process that new utility main lines, extra utility work or other work is required to service the development, and should those facilities or other work affect any public improvements, the City may add conditions to the development/project/permit, at the discretion of the City Engineer, to restore pavement or other public improvements to the satisfaction of the City. 40. 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 Sife Design Techniques to Meet Development Standards for Stormwater Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. 41. Occupancy: 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. 42. Legal Lot: The applicant shall provide documentation to ascertain that the lot has been legally created. Planning Commission Resu~ution No. 3857 PLN2007-104 - 1590 Walters Avenue -Site and Architectural Review Permit Paqe 10 County Fire Department: 43. Required Fire Flow: The fire flow for this project is 1750 gpm at 20 psi residual pressure. The adjusted fire flow is available from area water mains and fire hydrant(s) which are spaced at the required spacing. PASSED AND ADOPTED this 11 day of December, 2007, by the following roll call vote: AYES: Commissioners: Alderete, Doorley, Ebner, Gairaud, Gibbons, Rocha and Roseberry NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None APPROVED: Michael Rocha, Chair ATTEST: Jackie C. Young Lind, Acting Secretary