PC Res 4121RESOLUTION NO. 4121
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
(PLN2013-186) TO ALLOW THE CONVERSION OF A RESIDENCE
INTO A PROFESSIONAL OFFICE USE ON PROPERTY LOCATED AT
1940 HAMILTON 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.
The Planning Commission finds as follows with regard to file numbers PLN2013-186:
Environmental Finding
1. The project qualifies as a Categorically Exempt project per Section 15301 Class 1 of
the California Environmental Quality Act (CEQA) pertaining to minor alterations to an
existing private structure, involving negligible or no expansion of use beyond that
existing at the time of the lead agency's determination.
Evidentiary Findings
1. The project site is zoned P-O (Professional Office) on the City of Campbell Zoning
Map.
2. The project site is designated Professional Office on the City of Campbell General Plan
Land Use Map.
3. The project site is located on the south side of E. Hamilton Avenue between Leigh
Avenue and Phantom Avenue.
4. The proposed project will be compatible with the P-O (Professional Office) zoning
district with the approval of a Conditional Use Permit.
5. The proposed remodel and site modification does not add additional building square
footage and does not detract from the overall design of the development.
6. No substantial evidence has been presented which shows that the project, as currently
presented and subject to the required Conditions of Approval, will have a significant
adverse impact on the environment.
7. There is a reasonable relationship and a rough proportionality between the Conditions
of Approval and the impacts of the project.
8. There is a reasonable relationship between the use of the fees imposed upon the
project and the type of development project.
Based upon the foregoing findings of fact and pursuant to Campbell Municipal Code Sec.
21.46.040, the Planning Commission further finds and concludes that:
1. The project is consistent with the General Plan.
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2. The proposed use is allowed within the applicable Zoning District with Conditional Use
Permit approval, and complies with all other applicable provisions of this Zoning Code
and the Municipal Code.
3. The proposed use will not create a nuisance due to litter, noise, traffic, vandalism, or
other factors.
4. The proposed use will not significantly disturb the peace and enjoyment of the nearby
residential neighborhood.
5. The proposed use will not significantly increase the demand on City services.
6. The site is adequate in terms of size and shape to accommodate the fences and walls,
landscaping, parking and loading facilities, yards, and other development features
required in order to integrate the use with uses in the surrounding area.
7. The site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic that the use would be expected to generate.
THEREFORE, BE IT RESOLVED that the Planning Commission approves A Conditional
Use Permit (PLN2013-186) to allow the conversion of a residence into a professional office use on
property located at 1940 Hamilton Avenue
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
Approved Project: Approval is granted for a Conditional Use Permit to allow the
conversion of a residence into a professional office use. The project shall substantially
conform to the revised project plans stamped as received by the Planning Division on
October 2, 2013, and the written description and color and material sheet stamped as
received on July 1, 2013, except as may be modified by the Conditions of Approval
herein.
2. Permit Expiration: The Conditional Use Permit approval shall be valid for one year from
the date of final approval. Within this one-year period an application for a building
permit must be obtained. Failure to meet this deadline will result in the Conditional Use
Permit being rendered void.
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3. Planning Final Required: Planning Division clearance 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. Existing Residence: No exterior changes to the existing structure are approved as part
of this application, with the exception of exterior paint. The rear porch shall be modified
to allow the installation of a wheel chair lift without affecting the building's exterior.
5. Compliance with Other Regulations: The applicant shall comply with all state, county,
and city regulations and laws that pertain to the proposed project.
6. Landscape Plan: The applicant shall submit four (4) full size sets and one (1) reduced
set of a final landscape and irrigation plan to the Planning Division, prior to the
issuance of building permits, for review and approval by the Community Development
Director. The landscape and irrigation plan shall substantially conform to the approved
conceptual landscape plan and the City's Water Efficient Landscaping Standards
(WELS). Landscaping shall be designed to minimize irrigation and runoff, promote
surface infiltration where appropriate, and minimize the use of fertilizers and pesticides
that can contribute to stormwater pollution. Landscaping plans shall include the
following:
a. The installation of four 24-inch boxed size trees.
b. All shrubbery shall be a minimum size of 15-gallons.
c. Landscape and paving maintenance shall be an on-going responsibility of the
property owner(s) and shall include routine pruning of trees and shrubs,
maintenance of the automatic irrigation system and the replacement of damaged or
diseased plant materials, periodic steam cleaning of walkways and removal of
graffiti within twenty-four hours. Applicant shall obtain encroachment permits from
the City of Campbell for all work performed within the right-of-way.
d. Any landscaping that exists on site or is installed as per the landscape plan that
fails or dies shall be replaced as soon as possible with an equivalent planting.
7. 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 by the Community
Development Director prior to installation of the lighting for compliance with all
applicable Conditions of Approval, ordinances, laws and regulations. The Director will
have the authority to reject, approve or request modifications to the lighting design to
achieve these goals.
8. Construction Activities: The applicant shall abide by the following requirements during
construction:
a. 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 during all periods of
construction.
b. 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.
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c. All construction equipment with internal combustion engines used on the project site
shall be properly muffled and maintained in good working condition.
d. Unnecessary idling of internal combustion engines shall be strictly prohibited.
e. 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.
f. Use standard dust and erosion control measures that comply with the adopted Best
Management Practices for the City of Campbell.
Building Division
9. Permits Required: A building permit application shall be required for the proposed
conversion of use. The building permit shall include Electrical/Plumbing/Mechanical
fees when such work is part of the permit.
10. Construction Plans: The Conditions of Approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
11. Size of Plans: The minimum size of construction plans submitted for building permits
shall be 24 in. X 36 in.
12. 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.
13. Structural Considerations: This proposed project is subject to structural upgrades
predicated on the change of use from residential to commercial use. Project
Architect/Engineer shall verify the existing structure's ability to support commercial
loading values, and where necessary, shall call for structural improvements.
14. Exterior Wall Construction: Project Architect/Engineer shall examine the existing
structure for locations of exterior walls in relationship to property lines. Wall
construction requirements for commercial uses are typically more restrictive that for
residential uses.
15. 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. Site address and parcel
numbers shall also be clearly called out. Site parking and path of travel to public
sidewalks shall be detailed.
16. 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 Section 106. Please obtain City of Campbell, Special
Inspection forms from the Building Inspection Division Counter.
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17. Title 24 Energy Compliance: California Title 24 Energy Standards Compliance forms
shall be blue-lined on the construction plans. Compliance with the Standards shall be
demonstrated for conditioning of the building envelope and lighting of the building.
18. Non-point Pollution Control Program: 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.
19. Title 24 Accessibility -Commercial: On site general path of travel shall comply with the
latest California Title 24 Accessibility Standards. Work shall include but not be limited
to accessibility to building entrances from parking facilities and sidewalks.
20. Title 24 Accessibility -Commercial: Projects seeking to use the Title 24 Hardship
exemption clause shall blue-line completed, City of Campbell " 20%" exemption form on
submitted construction plans. Form is available at Building Division service counter.
21. Approvals Required: The project requires the following agency approval prior to
issuance of the building permit:
a. Santa Clara County Fire Department
b. West Valley Sanitation District
22. 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.
23. Storm Water Requirements: Storm water run-off from impervious surface created by
this permitted project shall be directed to vegetated areas on the project parcel. Storm
water shall not drain onto neighboring parcels.
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 (within 6 months) Preliminary Title Report.
25. 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 $2,650.00
per net acre, which is $1,219 (set for commercial land use).
26. 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.
27. Utility Coordination Plan: Prior to issuance of any grading or 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
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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.
28. 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. 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.
29. 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. Removal of existing driveway approaches and necessary sidewalk, curb and
gutter.
c. Installation of City approved street trees at 40 feet on center in 4x4 tree wells.
d. Installation of City standard ADA compliant driveway approach and sidewalk.
e. Installation of standard curb, gutter, and sidewalk at location of any removed
driveway approach that will not be re-installed.
f. Installation of asphalt concrete overlay per street pavement restoration plan for
utility installation and/or abandonment, as required by the City Engineer.
g. Application for future improvements may trigger conditions for owner to install
Hamilton Avenue Boulevard Treatment as noted in the City of Campbell
Streetscape Standards.
h. All other proposed improvements within the City right-of-way must be installed to
meet City standards and current ADA requirements.
i. Construction of conforms to existing public and private improvements, as
necessary.
j. Submit final plans in a digital format acceptable to the City.
30. 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.
31. 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 Engineers, to restore pavement or other public improvements to the satisfaction of
the City.
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32. 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.
33. Occupancy and Building Permit Final: Prior to allowing occupancy and/or final building
permit signoff 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.
34. Plan Lines: Prior to issuance of any grading or building permits for the site, the
applicant shall provide a plan layout showing the correct distance from the street
centerline to the property line, dimension of sidewalk and other relevant information in
the public right of way.
35. 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 and
sidewalk easement on private property contiguous with the public right-of-way along
the Hamilton Avenue frontage, unless otherwise approved by the City Engineer. 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.
PASSED AND ADOPTED this 12th day of November, 2013, by the following roll call vote
AYES: Commissioners: Dodd, Finch, Resnikoff, Reynolds, Rich and Roseberry
NOES: Commissioners: None
ABSENT: Commissioners Kendall
ABSTAIN: Commissioners: None
APPROVED:
Philip C. Reyn s, Jr., Chair
ATTEST:
Paul Ker~noyan, Secretary