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PC Res 4142RESOLUTION NO. 4142 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL GRANTING AN APPEAL AND MODIFYING THE CONDITIONS OF APPROVAL FOR AN ADMINISTRATIVE SITE AND ARCHITECTURAL REVIEW PERMIT (PLN2013-199) THAT APPROVED A TWO-STORY SINGLE-FAMILY RESIDENCE ON PROPERTY OWNED BY ASHOK ANUMANDLA LOCATED AT 559 KENNETH 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 number PLN2013-199: 1. The density of the proposed project site is 2.9 units per gross acre, which is consistent with the General Plan land use designation of Low Density Residential (less than 3.5 units per gross acre). 2. The project site is zoned R-1-10 (Single Family Residential - 10,000 sq. ft. lot size). 3. The project, as proposed and conditioned, is a conforming lot with the R-1-10 (Single- Family Residential - 10,000 sq. ft. lot size) Zoning District and meets the height restriction, building coverage, floor area ratio, and parking requirements of the R-1-10 Zoning District as specified within the San Tomas Area Neighborhood Plan. 4. The project site is improved with a secondary dwelling unit with an attached garage and a tennis court approved by Conditional Use Permit PLN2011-135, both of which will remain. 5. The proposed project consists of a 3,255 square-foot new residence resulting in a building coverage of 27% and floor area ratio of .33 where a 35% building coverage and .45 floor area ratio are allowed. 6. The new residence will provide one parking space. In combination with the existing two covered and one uncovered spaces, the application will satisfy the applicable parking requirement. 7. The proposal incorporates representative architectural features of homes in the San Tomas Neighborhood including simple rectangular shaped forms and gabled roofs. 8. The use of high quality materials, including brick wainscoting and accents, slate the roofing, and wood aluminum windows, in combination with a varied color pallet, achieves a superior design that will improve the neighborhood. 9. The San Tomas Area Neighborhood Plan privacy provisions are intended to minimize, and not entirely, eliminate privacy impacts by encouraging strategic placement of windows and decks, use of smaller windows, higher sill heights, and planting of screening trees. Planning Commission Resolution No. 4142 PLN2013-199- Appeal granting a Modification to apreviously-approved Administrative Site and Architectural Review Permit - 559 Kenneth Avenue Page 2 10. In a built environment, it is not possible or reasonable to achieve complete privacy. 11. Incorporation of a 7-foot tall fence along the rear property line will minimize potential privacy impacts. 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 15303, Class 3, of the California Environmental Quality Act (CEQA) pertaining to the construction of a new single-family residence. THEREFORE, BE IT RESOLVED that the Planning Commission grants an Appeal and modifies the conditions of approval for an Administrative Site and Architectural Review Permit (PLN2013-199) that approved atwo-story single-family residence on property located at 559 Kenneth 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 an Administrative Site and Architectural Review Permit (PLN2013-199) for construction of a new 3,255 square-foot single- family residence on property located at 559 Kenneth Avenue. The project shall substantially conform to the Revised Project Plans and Revised Color/Material Board dated as received by the Community Development Department on December 12, 2013, and December 9, 2013, respectively, 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. Planning Commission Resolution No. 4142 PLN2013-199- Appeal granting a Modification to apreviously-approved Administrative Site and Architectural Review Permit - 559 Kenneth Avenue Page 3 Undergrounding 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 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. 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. Front yard Paving: The construction drawings shall indicate a reduction in front yard paving material so that no more than 50% of the 25-foot front yard setback area is paved. 6. FencesNValls: One foot of lattice shall be installed on the existing rear fence (7-foot total height) prior to building permit final. Any other 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. 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. 8. 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. 9. 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. Planning Commission Resolution No. 4142 PLN2013-199- Appeal granting a Modification to apreviously-approved Administrative Site and Architectural Review Permit - 559 Kenneth Avenue Page 4 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: 10. Permits Required: A demolition permit is required for the structure to be removed. A building permit application shall be required for the proposed new single family structure. The building permit shall include Electrical/Plumbing /Mechanical fees when such work is part of the permit. 11. Construction Plans: The conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 12. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 13. 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. 14. 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. 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. Elevation bench marks shall be called out at all locations that are identified as "natural grade" and intended for use to determine the height of the proposed structure. 16. 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: a. pad elevation b. finish floor elevation (first floor) Planning Commission Resolution No. 4142 PLN2013-199- Appeal granting a Modification to apreviously-approved Administrative Site and Architectural Review Permit - 559 Kenneth Avenue Page 5 c. foundation corner locations 17. 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. 18. ~ecial 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. 19. 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. 20. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: West Valley Sanitation District (378-2407) a Santa Clara County Fire Department (378-4010) b. 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) 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. c. Bay Area Air Quality Management District (Demolitions Only) d. San Jose Water Company (279-7900) 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 with P.G. and E. concerning utility easements, distribution pole locations and required conductor clearances. 22. 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. Planning Commission Resolution No. 4142 PLN2013-199- Appeal granting a Modification to apreviously-approved Administrative Site and Architectural Review Permit - 559 Kenneth Avenue Paae 6 23. 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. 24. California Green Building Code: This project is subject to the mandatory requirements for new residential structures under the California Green Building Code, 2010 edition. 25. Fire Protection System: This project requires an Automatic Fire Sprinkler System in compliance with Section 903.2.8 California Building Code 2010 ed. 26. 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. Fire Department: 27. 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. 28. Fire Sprinklers 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 3,600 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. 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 the this department for review and approval prior to beginning their work. R313.2 as adopted and amended by CBLMC. 29. Water Supply Requirements: 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. 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 my be physically connected in any manner to an applicant 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 Planning Commission Resolution No. 4142 PLN2013-199- Appeal granting a Modification to apreviously-approved Administrative Site and Architectural Review Permit - 559 Kenneth Avenue Paae 7 purveyor as having been met by the applicant(s). 2007 CFC Sec. 903.3.5 and Health and Safety Code 13114.7 30. 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. 31. 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. Public Works Department: 32. 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. 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. 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. Streets that have been reconstructed or overlaid within the previous five years will require boring and jacking for all new utility installations. Kenneth 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. 37. 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. Planning Commission Resolution No. 4142 PLN2013-199- Appeal granting a Modification to apreviously-approved Administrative Site and Architectural Review Permit - 559 Kenneth Avenue Paae 8 38. 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. 39. 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. 40. 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. PASSED AND ADOPTED this 11t" day of March, 2014, by the following roll call vote: AYES: Commissioners: Dodd, Finch, Reynolds, and Rich NOES: Commissioners: Kendall and Resnikoff ABSENT: Commissioners None ABSTAIN: Commissioners: None ~~ APPROVED: ~ "~ ''~~~ ~~) ~ Paul Resnikoff, Chair ~~ f ~ ATTEST: Paul Ker oyan, Secretary