PC Res 4124RESOLUTION NO. 4124
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE
PERMIT (PLN2013-203) TO ALLOW ADDITIONS TO AN
HISTORIC RESOURCE DESIGNATED PROPERTY LOCATED
WITHIN THE ALICE AVENUE HISTORIC DISTRICT ON
PROPERTY LOCATED AT 99 ALICE 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 PLN20131-203:
Environmental Finding
1. The project qualifies as a Categorically Exempt project per Section 15331, Class 31 of
the California Environment Quality Act (CEQA), pertaining to projects involving the
maintenance, rehabilitation, restoration, preservation, or reconstruction of historical
resources, provided that the activity meets published federal standards for the treatment of
historic properties.
Evidentiary Findings
1. The zoning designation for the project site is R-1-6/H (Single-Family
Residential/Historic Overlay). Additions and alterations to asingle-family residence are
permitted within the R-1-6/H zone district and may be allowed for a City Historic District
property with the approval of a Conditional Use Permit.
2. The project site is designated Low Density Residential on the City of Campbell General
Plan Land Use Map.
3. The project site is located on the north side of Alice Avenue between Winchester
Boulevard and S. Third Street.
4. The site is currently developed with cone-story residence and a dilapidated detached
garage, dating circa 1924. In 1984, the property was listed on the City's Historic
Resource Inventory. In 1987, the City Council created the Alice Avenue Historic
District, which incorporated all properties that fronted Alice Avenue.
5. The project consists of major living area addition to the main residence and an
attached carport.
6. The construction of a detached secondary dwelling unit and two-car tandem garage is
permitted pursuant to state regulations as a continuation of the single-family use of the
property and not subject to Conditional Use Permit review.
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7. The proposed additions and alterations to the existing structure on site are consistent
with the Historic Preservation Ordinance, Historic Design Guidelines, and the Secretary
of Interior Standards as shown on the revised project plans, with minor modification
through the Conditions of Approval.
Based upon the foregoing findings of fact and pursuant to Campbell Municipal Code
Sections 21.33.080(D)(1) and 21.46.040, the Planning Commission further finds and
concludes that:
1. 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 Campbell Municipal Code.
2. The proposed use is consistent with the General Plan
3. The proposed 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.
4. The proposed site is adequately served by streets of sufficient capacity to carry the
kind and quantity of traffic the use would be expected to generate.
5. The design, location, size, and operating characteristics of the proposed use are
compatible with the existing and future land uses on-site and in the vicinity of the
subject property.
6. The establishment, maintenance, or operation of the proposed use at the location
proposed will not be detrimental to the comfort, health, morals, peace, safety, or
general welfare of persons residing or working in the neighborhood of the proposed
use, or be detrimental or injurious to property and improvements in the neighborhood
or to the general welfare of the city.
7. The proposal is consistent with the purpose of the Historic Preservation Ordinance.
8. The proposal is consistent with the Secretary of the Interior's Standards for the
treatment of historic properties with guidelines for preserving, rehabilitating, restoring
and reconstructing historic buildings.
9. The proposal will not be detrimental to a structure or feature of significant aesthetic,
architectural, cultural, or engineering interest or value of an historical nature.
10. 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.
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11. There is a reasonable relationship and a rough proportionality between the
Conditions of Approval and the impacts of the project.
12. There is a reasonable relationship between the use of the fees imposed upon the
project and the type of development project.
THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional
Use Permit (PLN2013-203) to allow additions to an historic resource designated property
located within the Alice Avenue Historic District on property located at 99 Alice 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.
Planning Division:
1. Approved Project: Approval is granted for a Conditional Use Permit (PLN2013-203)
to allow additions to an Historic Resource designated property located within the Alice
Avenue Historic District to allow a 1,595 sq. ft. one-story rear addition and a 529 sq.
ft. attached carport, and a new 640 sq. ft. detached secondary dwelling unit with a
two-car tandem garage on asingle-family property located at 99 Alice Avenue. The
project shall substantially conform to the revised Project Plans and Color Board
stamped as received by the Community Development Department on October 28,
2013, except as may be modified by the Conditions of Approval specified herein.
2. Conditional Use Permit Approval Expiration: The 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 submitted to the Campbell Building Division. Failure to meet
this deadline will result in the Conditional Use Permit being void.
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. Park Impact Fee: The applicant shall pay the current, as date of payment, park
impact fee for the proposed secondary dwelling unit prior to issuance of a building
permit.
Undergroundinq of Utilities: All existing and new on-site utilities (PG&E, Cable,
Phone, etc.) shall be installed underground per Section 21.18.140 of the Campbell
Municipal Code. The applicant shall show the proposed joint trench from the nearest
utility pole to the residence on all site plan views. The applicant shall also include the
following statement in bold one inch text on the cover sheet, the site plan sheet, and
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all electrical plans: "All new and existing utilities shall be placed underground with no
exception." All applicable revision sheets submitted to the Building Division shall also
display the required statement. The applicant is advised to contact PG&E as soon as
possible (prior to start of construction) as no occupancy or Building Permit final will be
granted prior to successful completion of the undergrounding of utilities.
6. Windows: The applicant shall retain and re-use all serviceable windows. Prior to the
issuance of any Building Permit, the applicant shall provide a window inspection and
inventory prepared by a licensed contractor who specializes in the rehabilitation of
historic windows that describes the condition of each window and what applicable
repair rehabilitation work is necessary.
7. Existing Residence: No changes to the front facade of the residence are approved as
part of this application.
8. Parking: All parking and driveway areas shall be maintained in compliance with the
standards in Section 21.10.060 (C-3 Zoning District) and Chapter 21.28 (Parking &
Loading) of the Campbell Municipal Code.
9. Compliance with Other Regulations: The applicant shall comply with all state, county,
and city regulations and laws that pertain to the proposed project.
10. 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.
1 1. Landscape Plan: The applicant shall submit four (4) full size sets and one (1)
reduced set of a 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 conform to 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 landscaping screening (trees and bushes) along the east
property line to the satisfaction of the Community Development Director.
b. All trees shall be a minimum 24-inch boxed size and all shrubs shall be a
minimum of 15-gallon size.
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
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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.
12. 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.
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.
13. No other exterior work/Revocation of Permit: Construction activities that impact the
historic integrity of the residential structure shall be grounds for consideration of
revocation of the Conditional Use Permit by the Planning Commission.
Building Division:
14. Permits Required: A building permit application shall be required for the proposed
addition to the existing dwelling structure and a separate permit for the detached
accessory living unit and garage. The building permits shall include
Electrical/Plumbing/Mechanical fees when such work is part of the permit.
15. Plan Preparation: This project requires plans prepared under the direction and
oversight of a California licensed Engineer or Architect. When applicable, plans
submitted for building permits shall be "wet stamped" and signed by the qualifying
professional person.
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. Soils Report: Two copies of a current soils report, prepared to the satisfaction of the
Building Official, containing foundation and retaining wall design recommendations
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shall be submitted with the building permit application. This report shall be prepared
by a licensed engineer specializing in soils mechanics.
19. 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. Elevation bench marks
shall be called out at all locations that are identified as "natural grade" and intended to
be used to determine height of the proposed structure.
20. 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:
1. pad elevation
2. finish floor elevation (first floor)
3. foundation corner locations
21. 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.
22. 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 107. Please obtain City of Campbell,
Special Inspection forms from the Building Inspection Division Counter.
23. 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.
24. Approvals Required: The project requires the following agency approval prior to
issuance of the building permit:
a. West Valley Sanitation District (378-2407)
b. Santa Clara County Fire Department (378-4010)
c. San Jose Water Company (279-7900)
d. Bay Area Air Quality Management District (Demolitions Only)
e. School District:
i) Campbell Union School District (378-3405)
ii) Campbell Union High School District (371-0960)
iii) Moreland School District (379-1370)
iv) Cambrian School District (377-2103)
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Note: To determine your school district, contact the offices identified above or visit:
http://www.sccoe.k12.ca.us/resourcesfamilies/districtlocator. Obtain the School
District payment form from the City Building Division, after the Division has
approved the building permit application.
25. 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.
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 the hours
when no work is being done. All protected trees shall be fenced to prevent damage to
root systems.
27. California Green Buildin Code: This proposed project shall comply with the
mandatory requirements for new residential structures under the California Green
Building Code in effect at the time of building permit application.
28. Build it Green: Applicant shall complete and submit a "Build it Green" inventory of the
proposed new single family project prior to the issuance of a building permit.
29. 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.
30. Automatic Fire Sprinklers: This project shall comply with Section R313 of the
California Residential Building Code 2010 edition, and each new dwelling shall be
equipped with a complying fire sprinkler system.
Public Works Department:
31. 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.
32. 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 $530.00 (set for R-1 land use).
33. 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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34. Water Meter(s) and Sewer Cleanout(s)~ Proposed water meter(s) and sewer
cleanout(s) shall be relocated or installed on private property behind the public right-
of-way line.
35. 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.
36. 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.
37. 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.
c. Removal of existing driveway approach and necessary sidewalk, curb and
gutter.
d. Installation of City approved street trees at 30 feet on center.
e. Installation of City standard ADA compliant driveway approach.
f. Replacement of broken curb and sidewalk sections.
g. Installation of asphalt concrete overlay per street pavement restoration plan for
utility installation and/or abandonment, as required by the City Engineer.
h. Installation of one streetlight, conduits, conductors and related facilities in
accordance with the City of Campbell's Street Lighting Policies.
i. Submit final plans in a digital format acceptable to the City.
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
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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.
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.
41. 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.
42. 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.
Santa Clara County Fire Department
43. Development Review: Review of this development proposal is limited to acceptability
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 Department all applicable construction
permits.
44. Fire Sprinklers Required: An approved automatic sprinkler system shall be provided
throughout any new buildings and throughout existing buildings and structures, when
additions are made that increase the building area to more than 3,600 square feet.
Exception: Aone-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. A State of California licensed (C-16)
Fire Protection Contractor shall submit plans, calculations, a completed permit
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application and appropriate fees to this department for review and approval prior to
beginning their work. CFC Sec. 903.2, as adopted and amended by CBLTC.
45. Potable Water: 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 systems or storage containers that
may be physically connected in any manner to an appliance capable of causing
contamination of the potable water supply 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.
46. 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.
47. Construction Plans: To prevent plan review and inspection delays, the above noted
Development Review Conditions shall be restated as "notes" on all pending and
future plan submittals and any referenced diagrams to be reproduced onto the future
plan submittal.
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. Reynol , Jr., Chair
r ,, ''
ATTEST: ~' _
Paul Kermo an, Secretary