PC Res 4077RESOLUTION NO. 4077
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL DENYING AN APPEAL AND
UPHOLDING AN ADMINISTRATIVE SITE AND ARCHITECTURAL
REVIEW PERMIT (PLN2012-37) THAT APPROVED A NEW
SINGLE-FAMILY RESIDENCE ON PROPERTY LOCATED AT 1690
WESTMONT AVENUE.
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 PLN2012-37:
Evidentiary Findings
1. The density of the proposed project site is 4 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 site is zoned R-1-9 (Single Family Residential - 9,000 sq. ft. lot size).
3. The project, as proposed and conditioned, is a conforming lot with the R-1-9
(Single-Family Residential, 9,000 sq. ft. lot size) Zoning District and meets the
height restriction, building coverage, floor area ratio, and parking requirements of
the R-1-9 Zoning District as specified within the San Tomas Area Neighborhood
Plan.
4. The proposed project consists of construction of a new 3,084 square-foot single
family residence resulting in a building coverage of 24% and floor area ratio of
.34 where a 35% building coverage and .45 floor area ratio are allowed.
5. The proposal will provide two parking spaces as required by the Municipal Code.
6. The proposal incorporates representative architectural features of homes in the
San Tomas Neighborhood including simple rectangular shaped forms and
gabled roofs.
7. The proposal minimizes adverse privacy impacts as specified within the San
Tomas Area Neighborhood Plan.
The guidelines require:
• Placing windows to avoid privacy impacts.
• Using smaller windows to help minimize the perception of privacy
invasion.
• Placing sills up as high as possible in conformance with building codes.
Planning Commission Resolution No. 4077
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In the Proposed Project:
• The second story setback will be over thirty feet from the property line,
where fourteen feet three inches is the minimum.
• The windows in the proposed bedroom will be over fifty feet from the
windows at the adjacent property, minimizing potential privacy impacts.
• The size and number of second story windows has been minimized.
• The proposed bedroom will have two, two-foot square windows.
• The two homes will not be adjacent to one another. The proposed project
will be sited further north than the adjacent residence, which will obscure
sightlines.
• The sightlines from the windows to the adjacent property windows will be
obstructed by the garage roof. Windows in the proposed project are placed
on the northern side of the garage roof ridge and the adjacent residence is
south of the proposed garage roof ridge. The ridge will be seventeen feet in
height from finished grade. The tops of the window frames in the proposed
project will be approximately the same height as the garage roof ridge.
• The bottom of the window sills will be at four feet eight inches in the
proposed project. The window placement utilizes conventional framing,
with the top of the window at six feet eight inches.
Based upon the foregoing findings of fact, the Community Development Director further
finds and concludes that:
The project will be consistent with the General Plan.
2. The project will aid in the harmonious development of the immediate area.
3. The project is consistent with applicable adopted design guidelines.
4. The project qualifies as a Categorically Exempt project per 15301, Class 3, of
the California Environmental Quality Act (CEQA) pertaining to the construction of
anew single-family residence.
THEREFORE, BE IT RESOLVED that the Planning Commission denies an appeal and
upholds an Administrative Site and Architectural Review permit (PLN2012-37) that
approved a new single-family residence on property located at 1690 Westmont
Avenue.
The applicant is hereby notified, as part of this application, that he/she is required to
meet the following conditions in accordance with the ordinances of the City of Campbell
and the State of California. Where approval by the Community Development Director,
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
Planning Commission Resolution No. 4077
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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:
Approved Project: Approval is granted for an Administrative Site and Architectural
Review Permit for construction of a new 3,084 square-foot single family residence.
The project shall substantially conform to the revised project plans and
color/material board, dated as received by the Community Development
Department on April 11, 2012, except as may be modified by the Conditions of
Approval herein.
2. Planning Final Required: Planning sign off is required 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.
3. Permit Approval Expiration: The Administrative Site and Architectural Review
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. Failure to meet this
deadline will result in the Administrative Site and Architectural Review Permit being
void.
4. Landscape Requirements: Revise the Landscape Plan to show trees or bushes
along the east (left) property line that will grow to an adequate height to improve
privacy between the neighboring property and the proposed project. The
Landscape Plan is subject to review and approval by the Community Development
Director prior to issuance of building permits. Landscaping shall be planted prior to
planning final.
5. Window Size: Revise plans to reduce the size of the non-egress windows located
along the western elevation in bedroom number 4 from two-feet square to one-foot-
eight-inches square.
6. Park Fee: New homes on undeveloped land in the City of Campbell are subject to
Park Fees. According to the Public Works Division's records, the Park Dedication
fee, equivalent to 75% of the total Park Fees was received on September 22, 2006.
However, the remaining 25% has not yet been received. The remainder Park
Impact fee of $4,029.75 is due prior to building permit/final certificate of occupancy.
7. Building Height: Maximum height of the finished structure shall not exceed 28 feet
from the existing grade level of 244.75 feet (AMSL).
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8. Required Revisions: Revise Sheet A-0 so that the square footage for the second
floor under "Floor Area Ratio" reflects the square footage under "Building Square
Footage."
9. Fences/Walls: Any newly proposed fencing and/or walls shall comply with Section
21.18.060 of the Campbell Municipal Code and shall be submitted for review and
approval by the Community Development Department.
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. On-Site Lighting: On-site lighting shall be shielded away from adjacent properties
and directed on site. 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.
12. 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:
13. Permits Required: A building permit application shall be required for the proposed new
dwelling structure. The building permit shall include Electrical/Plumbing/Mechanical fees
when such work is part of the permit.
14. Plan Pre aration: Portions of this project requires plans prepared under the
direction and oversight of a California licensed Engineer or Architect. Plans
Planning Commission Resolution No. 4077
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submitted for building permits shall be "wet stamped" and signed by the qualifying
professional person.
15. Construction Plans: The conditions of Approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
16. Size of Plans: The minimum size of construction plans submitted for building
permits shall be 24 in. X 36 in.
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 the property and proposed structures with dimensions and elevations as
appropriate. Site plan shall also include thorough 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:
• pad elevation
• finish floor elevation (first floor)
• foundation corner locations
20. Title 24 Energy Compliance: California Title 24 Energy Compliance forms shall be
blue-lined on the construction plans. 8'/z X 11 calculations shall be submitted as
well.
21. Special Inspections: When a special inspection is required by C.B.C. Chapter 17,
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 C.B.C Chapter 1, Section 106. Please obtain City of
Campbell, Special Inspection forms from the Building Inspection Division Counter.
22. 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.
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23. Approvals Required: The project requires the following agency approval prior to
issuance of the building permit:
• West Valley Sanitation District (378-2407)
• Santa Clara County Fire Department (378-4010)
• School District:
^ Campbell Union School District (378-3405)
^ Campbell Union High School District (371-0960)
^ Moreland School District (379-1370)
^ Cambrian School District (377-2103)
Note: 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.
• Bay Area Air Quality Management District (Demolitions Only)
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 P.G. and E.
concerning utility easements, distribution pole locations and required conductor
clearances.
25. California Green Building Code: This project is subject to the mandatory
requirements for new residential structures under the California Green Building
Code, 2010 edition.
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.
27. Build It Green: Applicant shall complete and submit a "Build it Green" inventory of
the proposed new single family project prior to issuance of building permit.
28. Automatic Fire Sprinkler Systems: This project shall comply with Section R313
AUTOMATIC FIRE SPRINKLER SYSTEMS of the California Residential Code
2010 edition.
Fire Department:
29. Formal Plan Review: Review of this development proposal is limited to accessibility
of site access and water supply as they pertain to fire department operations, and
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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 receive from, the Building Division all applicable
construction permits.
30. Fire Sprinkler Required: An automatic residential fire sprinkler system shall be
installed in one- and two-family dwellings as follows: In all new one- and two-family
dwellings and in existing one- and two- family dwellings when additions are made
that increase the building area to more than 3,500 square feet. Exception: A one-
time addition to an existing building that does not total more than 1,000 square feet
of building area. NOTE: Covered porches, patios, balconies, and attic spaces may
require fire sprinkler coverage. NOTE: the owner(s), occupant(s) and any
contractor(s) or subcontractor(s) are responsible for consulting with the water
purveyor of record in order to determine if any modification or upgrade of the
existing water service is required. A State of California licensed (C-16) Fire
Protection Contractor shall submit plans, calculations, a completed permit
application and appropriate fees to this department for review and approval prior to
beginning their work. CFC Sec. 903.2 as adopted an amended by CBLMC.
31. Potable water supplies shall be protected from contamination caused by fire
protection water supplies. It is the responsibility of the applicant. and any
contractors and subcontractors to contact the water purveyor supplying the site of
such project, and to comply with the requirements of that purveyor. Such
requirements shall be incorporated into the design of any water-based fire
protection systems, and/or fire suppression water supply system or storage
containers that may be physically connected in any manner to an appliance capable
of causing contamination of the potable water supple of the purveyor of record.
Final approval of the system(s) under consideration will not be granted by this office
until compliance with the requirements of the water purveyor of record are
documented by that purveyor as having been met by the applicant(s). 2007 CFC
Sec. 903.3.5 and Health and Safety code 13114.7
32. 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.
CFC Sec.505.
33. Construction Site Fire Safety: All construction sites must comply with applicable
provisions of the CFC Chapter 14 and our Standard Detail and Specification SI-7.
Public Works Division:
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.
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35. 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.
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
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. Westmont 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.
38. Utility Encroachment Permit: 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 Site Design Techniques to Meet Development
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Standards for Stormwater Quality: A Companion Document to Start at the Source
("Using Site Design Techniques") by BASMAA, 2003.
PASSED AND ADOPTED this 26th day of June, 2012, by the following roll call vote:
AYES: Commissioners: Brennan, Resnikoff, Reynolds and Roseberry
NOES: Commissioners: None
ABSENT: Commissioners: Alster and Ebner
ABSTAIN: Commissioners: Gibbons
APPROVED: ~ ~ "
Phillip C. Reyn d ,Acting Chair
ATTEST: ~
Paul Keri , an, Secretary