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Use Permit - 2004April 16, 2004 Holly Hartman Hometec Architecture 1540-A Parkmoor Avenue San Jose, CA 95128 Community Development Department Re: PLN2004-17 - 86 N. Second Street -Conditional Use Permit Dear Applicant: Please be advised that at its meeting of April 13, 2004, the Planning Commission adopted Resolution No. 3552 approving a Conditional Use Permit to allow the relocation of an existing residence to the adjacent property 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, April 2, 2004. California Code of Civil Procedure, Section 1094.6, governs the time within which judicial review of this decision must be sought. If you have any questions, please do not hesitate to contact me at (408) 866-2140. Sincerely, ~ , Melinda Denis Planner I cc: Frank Mills, Building Division Ed Arango, Public Works Chris Veargason, County Fire Joseph & Olga Moore (Property Owners) 86 N. Second Street Campbell, CA 95008 RESOLUTION N0.3552 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2004-17) TO ALLOW THE RELOCATION OF AN EXISTING RESIDENCE TO THE ADJACENT PROPERTY OWNED BY JOSEPH AND OLGA MOORE LOCATED AT LOCATED AT 86 N. SECOND STREET IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MS. HOLLY HARTMAN, ON BEHALF OF JOSEPH AND OLGA MOORE. FILE NO. PLN2004-17. 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 PLN2004-17: 1. The proposed project consists of relocation of an existing residence from its original location, which straddles two residential lots at 86 N. Second Street to 16 feet south on Assessor Parcel Number 270-41-U71. 2. The proposed project will consists of a 1,322 square foot residence and 480 square foot detached garage. 3. The development of the proposed project will result in a use that is consistent with the General Plan designation of residential uses for this area. 4. The development of the proposed project will result in a use that is consistent with the P-D (Planned Development) Zoning District, as required per the Zoning Ordinance. 5. The proposed project is architecturally compatible with the existing home and surrounding neighborhood. 6. The proposed project will contribute to the housing stock in the City of Campbell and serve the housing needs of the community. 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 will aid in the enhancement and the harmonious development of the immediate area. 3. The establishment, maintenance, or operation of the use will not be detrimental to the public health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. 4. The proposed residential use is compatible with uses in the area. Planning Commission Resolution No. 3552 PLN2004-17 - 86 N. Second Street -Conditional Use Permit Page 2 5. The subject site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping, and other development features required in order to integrate said use with uses in the surrounding area. 6. The subject site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such use would generate. 7. 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 Conditional Use Permit (PLN2004-17) to allow the relocation of an existing residence to the adjacent property owned by Joseph and Olga Moore located at 86 N. Second Street, 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. COMMUNITY DEVELOPMENT DEPARTMENT Planning Division 1. Approved Project: Approval is granted for a Conditional Use Permit (PLN2004-17) allowing development on Assessor Parcel Number 279-41-071 consisting of the relocation of an existing residence and construction of a new detached garage. Project approval shall substantially comply with the project exhibits listed below, except as maybe modified by the Conditions of Approval herein. a. Project plans prepared by Hometec Architecture, Inc. and dated as received by the Community Development Department on February 11, 2004, including a site plan, floor plan, elevations, and topographical survey. b. Color/material board prepared by Hometec Architecture, Inc. and dated as received by the Community Development department on February 11, 2004. 2. Building Elevations, Details and Colors: The applicant shall submit detailed building elevations depicting architectural details. Detailed elevations shall be reviewed by and approved by the Community Development Director prior to the issuance of building permits for compliance with all applicable conditions, laws, regulations, and policies. Historic nature of the residence shall be retained as follows: Planning Commission Resolution No. 3552 PLN2004-17 - 86 N. Second Street -Conditional Use Permit Page 3 a. Height of existing house shall be retained on new foundation. b. New stucco texture shall match the existing stucco texture. c. Profile of existing tapered chimney shall be retained with construction of new chimney. 3. Approval Expiration: The Conditional Use Permit approval shall be valid for 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. Failure to meet these deadlines will result in the Conditional Use Permit being void. 4. Property Maintenance: The property is to be maintained free of any combustible trash, debris, and weeds until the time that actual construction commences. Any vacant 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). 5. Fences: Any newly proposed fencing shall comply with Section 21.59.090 of the Campbell Municipal Code and shall be reviewed and approved by the Community Development Director prior to issuance of any building permits for the project. 6. Parking and Driveways: All parking and driveway areas shall be developed in compliance with the standards in Chapter 21.50 of the Campbell Municipal Code. 7. 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. 8. 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. 9. Tree Protection Plan: Prior to issuance of building permits, the applicant shall submit a tree protection plan in accordance with the City's Water Efficient Landscape Guidelines (WELS) and the Tree Preservation Ordinance to indicate how the existing Walnut tree to be retained on site will be protected during construction. Building Division 10. Permits Required: A building permit application shall be required for the relocation of the existing structure. A separate permit shall be required for the construction of the new detached garage. The building permits shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. Planning Commission Resolution No. 3552 PLN2004-17 - 86 N. Second Street -Conditional Use Permit Page 4 11. Plan Preparation: This addition may require plans prepared under the direction and oversight of a California licensed Engineer or Architect. Such plans submitted for building permits shall be "wet stamped" and signed by the qualifying professional person. 12. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of the construction plans submitted for a building permit. 13. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 14. Soil 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. 15. Site Plan: Application for building permit shall include a competent site plan that identifies property lines and proposed structures with dimensions and elevations as appropriate. The site plan shall also include site drainage details. 16. Foundation Ins ecp tions: 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 17. Title 24 Energy Com lip ance: California Title 24 Energy Compliance forms CF-1R and MF- 1R shall be blue-lined on the construction plans. 8'/z X 11 calculations shall be submitted as well. 18. 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. 19. Water Pollution: 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. Planning Commission Resolution No. 3552 PLN2004-17 - 86 N. Second Street -Conditional Use Permit Page 5 20. 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 (3.78=4010) 21. 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 P.G and E. concerning utility easements, distribution pole locations and required conductor clearances. 22. Intent to Occupy During Construction: Owners shall declare their intent to occupy the dwelling during construction. The Building Inspection Division may require the premises to be vacated during portions of construction because of substandard and unsafe living conditions created by construction. 23. 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 24. Preliminary Title Report: Prior to issuance of any grading or building permits for the site, the applicant shall provide a current Preliminary Title Report. 25. Street Improvements: Prior to issuance of any grading or building permits for the site, the applicant shall execute a street improvement agreement and shall 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: a. Removal of existing driveway approach, related sidewalk, related/damaged curb and gutter. b. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway approach. c. Installation of City approved street trees at 40 feet on center. d. Construction of conforms to existing public and private improvements, as necessary. Planning Commission Resolution No. 3552 PLN2004-17 - 86 N. Second Street -Conditional Use Permit Page 6 26. Occupancy: Prior to allowing occupancy for any and/or all buildings, the applicant shall have the required street improvements installed and accepted by the City. 27. Water Meter(s) and Sewer Cleanout(s): Existing and proposed Water Meter(s) and Sewer Cleanout(s) shall be installed on private property behind the public right-of--way line. 28. 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. 29. 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. that have been resurfaced within the previous five 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. 30. 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, which is $2,000 per acre, which is $310.00. 31. 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) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding Storm Water 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. PASSED AND ADOPTED thi: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: 13th day of April, 2004, by the following roll call vote: Alderete, Doorley, Francois, Gibbons, Hernandez, Rocha and Roseberry None None None Planning Commission Resolution No. 3552 PLN2004-17 - 86 N. Second Street -Conditional Use Permit Page 7 APPROVED: ' Geor oor ey, Chair ATTE T: ('~~ S Geoff I. Bradley, Acting Secret