PC Res 4145RESOLUTION NO. 4145
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A SITE AND ARCHITECTURAL
REVIEW PERMIT (PLN2013-264) WITH A PARKING MODIFICATION
PERMIT (PLN2014-20) AND A VARIANCE TO THE OPEN SPACE
REQUIREMENT (PLN2014-52) TO ALLOW A FOUR-UNIT
APARTMENT BUILDING (FOURPLEX) ON PROPERTY LOCATED AT
778 SFNARMON PALMS.
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 file numbers PLN2013-264/PLN2014-20/PLN2014-52):
1. The project site is zoned R-2 (Multiple-Family Residential) on the City of Campbell
Zoning Map.
2. The project site is designated Medium Density Residential (14-20 units/gr. acre) on
the City of Campbell General Plan Land Use diagram.
3. The project site is located on Sharmon Palm Lane, three parcels south of Waldo
Lane.
4. The proposed project is construction of a four unit apartment building (fourplex) with
retention of an existing carport.
5. The proposed project will be compatible with the R-2 (Multiple Family Residential)
Zoning District with approval of a Site and Architectural Review Permit, Parking
Modification Permit, and Variance
6. Anon-coni~orming fourplex constructed on the project site in 1962 was destroyed by
a fire in 2011.
7. Construction of a replacement fourplex structure failed to occur within the one-year
period stipulated by the City's "non-conforming" provisions specified in CMC Sec.
21.58.050. As a result, construction of a new fourplex is subject to current
development standards of the R-2 Zoning District.
8. The proposed 3,538 square foot fourplex structure will have substantially the same
purpose and capacity as the previous 3,150 square foot fourplex structure that was
destroyed.
9. An 'Agreement for Acceptance of Conditions and Covenants' recorded April 21,
1983, provides for shared use of parking and patio area by residents of the project
site and the adjoining property to the south (786 Sharmon Palms Ln.).
Planning Commission Resolution No. 4145
PLN2013-264/PL.N2014-20/PLN2014-52 - 778 Sharmon Palms - Fourplex
Site and Architectural Review Permit with Parking Modification Permit and Variance
Page 3
8. The strict or literal interpretations and enforcement of the specified regulation(s)
would deprive the applicant of privileges enjoyed by the owners of other properties
classified in the same zoning district;
9. There are exceptional or extraordinary circumstances or conditions applicable to the
subject pro~>erty (i.e., size, shape, topography) which do not apply generally to other
properties classified in the same zoning district;
10. The granting of the Variance will not constitute a grant of special privilege
inconsistent with the limitations on other properties classified in the same zoning
district;
11. The granting of the Variance will not be detrimental to the public health, safety, or
welfare, or rnaterially injurious to properties or improvements in the vicinity;
12. This project: is exempt from the California Environmental Quality Act (CEQA) per
Section 15302 which exempts from replacement or reconstruction of existing
structures vvhere the new structure will be located on the same site and have
substantially the same purpose and capacity as the previous structure.
THEREFORE, BE IT RESOLVED that the Planning Commission approves a Site and
Architectural Review Permit (PLN2013-264) with a Parking Modification Permit (PLN2014-
20) and a Variannce to the open space requirement (PLN2014-52) to allow afour-unit
apartment building (fourplex) on property located at 779 Sharmon Palms.
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 Proiect: Approval is granted for a Site and Architectural Review Permit
(PLN2013-264) with a Parking Modification Permit (PLN2014-20) and a Variance
(PLN2014-52) to the open space requirement to allow the construction of a four-unit
apartment building on property located at 778 Sharmon Palms Lane. The project
shall substantially conform to the Revised Project Plans and Color/Material Board
stamped as received by the Planning Division on March 10, 2014 and November 19,
2013, respectively, except as may be modified by the Conditions of Approval herein.
Planning Commission Resolution No. 4145
PLN2013-264/PL.N2014-20/PLN2014-52 - 778 Sharmon Palms - Fourplex
Site and Architectural Review Permit with Parking Modification Permit and Variance
Page 4
2. Permit Expiration: The entitlement approval shall be valid for one year from the date
of final approval (expiring April 5, 2015). Within this one-year period, an application
for a building permit must be submitted. Failure to meet this deadline will result in
entitlement approval being rendered 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. 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 approved residential structure 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 PGF~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.
5. Landscapin Plan: The construction drawings for a building permit shall include a
landscaping plan prepared by a licensed landscape architect and include irrigation
details and associated calculations in compliance with Chapter 2.7, Division 2, of Title
23 of the California Code of Regulations as adopted by the Campbell water-efficient
landscape guidelines.
6. 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 e:~terior lighting for the project shall be reviewed and approved by the
Community Development Director during building permit review for compliance with
all applicabile 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.
7. Fences/Waltls: 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.
8. Shared Parking and Patio: Shared access to the carport and the patio area with the
adjoining property in accordance with the 'Agreement for Acceptance of Conditions
and Covenants', recorded April 21, 1983, shall be maintained.
Planning Commission Resolution No. 4145
PLN2013-264/PLN2014-20/PLN2014-52 - 778 Sharmon Palms - Fourplex
Site and Architectural Review Permit with Parking Modification Permit and Variance
Page 5
9. Property Maintenance: The property owner shall maintain the property free from
graffiti, trash, and rubbish.
10. Refuse Receptacles: Refuse receptacles shall be kept within the 'garbage area'
rooms except during collection in compliance with Chapter 6.04 of the Campbell
Municipal Code.
11. 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 to the issuance of
building permits.
b. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00
p.m. ar~d 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 statiionary 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
12. Applicable Codes: This project will be subject to the requirements of the California
Building Cosies 2013 editions (Title 24).
13. Permits Required: A building permit application shall be required for the proposed
new four unit apartment structure. The building permit shall include
Electrical/Plumbing/Mechanical fees when such work is part of the permit.
14. Construction Plans: The Conditions of Approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
Planning Commission Resolution No. 4145
PLN2013-264/PLN2014-20/PLN2014-52 - 778 Sharmon Palms - Fourplex
Site and Architectural Review Permit with Parking Modification Permit and Variance
Page 6
15. Size of Plans: The minimum size of construction plans submitted for building permits
shall be 24 in. X 36 in.
16. 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.
17. 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.
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
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
for use to determine the height of the proposed structure.
20. Foundation Inspection: 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)
c. 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 Appendix Chapter 1, Section 106. Please obtain City of
Campbell, Special Inspection forms from the Building Inspection Division Counter.
Planning Commission Resolution No. 4145
PLN2013-264/PL.N2014-20/PLN2014-52 - 778 Sharmon Palms - Fourplex
Site and Architectural Review Permit with Parking Modification Permit and Variance
Page 7
23. 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.
24. Approvals Re ug fired: 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. Bay Area Air Quality Management District (Demolitions Only)
d. 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 school district, contact the offices identified above or
visit: http://www.sccoe.k12.ca.us/resourcesfamities/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 hours
when no work is being done. All protected trees shall be fenced to prevent damage
to root systems.
27. California Green Building Code: This proposed project shall comply with the
mandatory requirements for new residential structures under the California Green
Building Code 2013 edition. (Chapter 4)
28. 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.
29. Stormwater 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.
Planning Commission Resolution No. 4145
PLN2013-264/PL_N2014-20/PLN2014-52 - 778 Sharmon Palms - Fourplex
Site and Architectural Review Permit with Parking Modification Permit and Variance
Page 8
30. Automatic Fire Sprinklers: This project shall comply with Section R313 of the
California Residential building Code 2013 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 building permits for the site the
applicant shall provide a current (within the past 6 months) Preliminary Title Report.
32. Storm Drairi 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 $2,385
per net acre, which is $430 set for multi-family.
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 sriall comply with all plan submittals, permitting and fee requirements of the
serving utility companies.
34. 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.
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 fo!r installation and/or abandonment of such 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 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:
Planning Commission Resolution No. 4145
PLN2013-264/PLN2014-20/PLN2014-52 - 778 Sharmon Palms - Fourplex
Site and Architectural Review Permit with Parking Modification Permit and Variance
Page 9
a. Removal of existing concrete in park strip areas.
b. Installation of asphalt overlay per street payment restoration plan for utility
installation and/or abandonment, as required by the City Engineer.
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 off 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 t-landbook 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 street improvements installed and accepted by the City, and the design
engineer shall submit as-built drawings to the City.
COUNTY FIRE DEPARTMENT
42. 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 pertorming any work the applicant shall make
Planning Commission Resolution No. 4145
PLN2013-264/PL_N2014-20/PLN2014-52 - 778 Sharmon Palms - Fourplex
Site and Architectural Review Permit with Parking Modification Permit and Variance
Page 10
application to, and receive from, the Building Division all applicable construction
permits.
43. 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 ar~d 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. Ft313.2 as adopted and amended by CBLMC.
44. 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 physicailly 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
purveyor as having been met by the applicant(s). 2007 CFC Sec. 903.3.5 and Health
and Safety Code 13114.7
45. 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.
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.
PASSED AND ADOPTED this 25th day of March, 2014, by the following roll call vote:
AYES: Commissioners: Finch, Kendall, Resnikoff, and Reynolds
NOES: Commissioners: None
ABSENT: Commissioners Dodd and Rich
ABSTAIN: Commissioners: None
Planning Commission Resolution No. 4145
PLN2013-264/PL_N2014-20/PLN2014-52 - 778 Sharmon Palms - Fourplex
Site and Architectural Review Permit with Parking Modification Permit and Variance
Page 11
APPROVED: ~--~- .2=
~, ,~ Paul Resnikoff, Chair
f /
~/
ATTEST: ~~
Paul Ker oyan, Secretary