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CC Resolution 11449RESOLUTION NO. 11449 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF AN ADMINISTRATIVE SITE AND ARCHITECTURAL REVIEW PERMIT FOR CONSTRUCTION OF ASINGLE-FAMILY RESIDENCE ON PROPERTY LOCATED AT 1690 WESTMONT AVENUE IN AN R-1- 9 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT. FILE NO.: PLN2012-37 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 City Council did find as follows with respect to application PLN2012-37: 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. City Council Resolution Page 2 Denying an Appeal and Upholding Planning Commission's Action PLN2012-37 - 1690 Westmont Avenue -Admin. Site and Architectural Review Permit 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 City Council further finds and concludes that: 1. The project wilt 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 a new single-family residence. City Council Resolution Page 3 Denying an Appeal and Upholding Planning Commission's Action PLN2012-37 - 1690 Westmont Avenue -Admin. Site and Architectural Review Permit THEREFORE, BE IT RESOLVED that the City Council denies an appeal and upholds the Planning Commission's action to approve an Administrative Site and Architectural Review Permit (PLN2012-37) for construction of asingle-family residence, on property located at 1690 Westmont Avenue in an R-1-9 (Single Family Residential) Zoning District, subject to the attached Conditions of Approval (attached Exhibit "A"). PASSED AND ADOPTED this 7'h day of August, 2012 by the following roll call vote: AYES: COUNCILMEMBERS: Cristina, Baker, Waterman, Low, Kotowski NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None _. ~~ ET / Michael F. Kotowski, Mayor ATTEST: '""'~-~~ Anne Bybee, City Clerk Conditions of Approval Administrative Site and Architectural Review Permit PLN2012-37 - 1690 Westmont Ave. Exhibit A 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 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. Indemnity: Within thirty (30) days of project approval, the property owner shall enter into an agreement satisfactory to the City Attorney to indemnify and defend the City of Campbell, its officers, officials, employees, and agents from any and all actions, liabilities, losses, and torts, including attorney's fees arising out of or connected unto any challenge to the decision of the City Council on this application. 3. 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. 4. 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. 5. Landscape Requirements: 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. 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). Conditions of Approval Administrative Site and Architectural Review Permit PLN2012-37 ~ 1690 Westmont Ave Page 2 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 Preparation: Portions of 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. Conditions of Approval Administrative Site and Architectural Review Permit PLN2012-37 ~ 1690 Westmont Ave Page 3 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 Enerpy 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. 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: Conditions of Approval Administrative Site and Architectural Review Permit PLN2012-37 - 1690 Westmont Ave Page 4 • 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 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: Aone-time addition to an existing building that does not total more than 1,000 square feet of Conditions of Approval Administrative Site and Architectural Review Permit PLN2012-37 - 1690 Westmont Ave Page 5 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. 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. Conditions of Approval Page 6 Administrative Site and Architectural Review Permit PLN2012-37 - 1690 Westmont Ave 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 Standards for Stormwater Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003.