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PC Res 4209RESOLUTION NO. 4209 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2015-30) AND MITIGATED ,NEGATIVE DECLARATION (PLN2015-117) TO ALLOW PREVIOUSLY COMPLETED AND PROPOSED ALTERATIONS, REPAIR AND REHABILITATION OF AN EXISTING SINGLE-FAMILY RESIDENT ON PROPERTY LOCATED AT 99 ALICE AVENUE IN THE R-1-6/H (SINGLE FAMILY RESIDENTIAVHISTORIC OVERLAY) ZONING DISTRICT. 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 recommended adoption of a Mitigated Negative Declaration (PLN2015-117): The proposed project ("project") includes previously completed, and proposed, alterations, repair, and rehabilitation of an existing single-family residence located in the "A" Street Historic District. The project includes an application for a Conditional Use Permit (PLN2015-30). 2. The project site is an 11,063 sq. ft. parcel, located on the north side of Alice Avenue, between S. Winchester Boulevard and S. Third Street. 3. The project site is located within the R-1-6(H) (Single-Family Residential) and has a General Plan land use designation of Low Density Residential. The site is also located within the boundaries of the Alice Avenue Historic District. 4. The City of Campbell provided a Notice of Intent to adopt a Mitigated Negative Declaration were filed with the County Clerk-Recorder's Office for public review, and posted the subject property and City's website. 5. The City of Campbell provided a 20-day public review period of the Mitigated Negative Declaration pursuant to the California Environmental Quality Act Guidelines. The 20- day public review period was between April 22, 2015 to May 12, 2015. 6. The mitigation measures identified in the Mitigated Negative Declaration are included as Conditions of Approval of the Conditional Use Permit. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. On the basis of the Environmental Checklist, and as supported by substantial evidence, the project will not have a significant effect on the environment due to mitigation measures adopted, application of uniformly applicable development policies, and incorporation of project-specific mitigation measures agreed to by the project proponent, as specified by the draft Mitigated Negative Declaration. 2. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required Conditions of Approval, will have a significant adverse impact on the environment. Planning Commission Resolution No. 4209 PLN2015-30 / PLN2015-117 - 99 Alice Avenue Approving a Conditional Use Permit and Mitigated Negative Declaration Pape 2 of 4 3. The Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. 4. The Custodian of the Record for the Mitigated Negative Declaration and Environmental Checklist Form is the Community Development Department of the City of Campbell, located at 70 North First Street, Campbell, California. The Planning Commission finds as follows with regard to approval of a Conditional Use Permit (PLN2015-30) and Mitigated Negative Declaration (PLN2015-117): Environmental Finding 1. An Initial Study has been prepared for the project which provides documentation for the factual basis for concluding that a Mitigated Negative Declaration may be adopted since the project will not have a significant effect on the environment due to incorporation of project-specific mitigation measures agreed to by the project proponent, and as specified by the draft Mitigated Negative Declaration. 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. In 1987, the City Council created the Alice Avenue Historic District, which incorporated all properties that fronted Alice Avenue, including the subject property. 5. The project consists of previously completed, and proposed, alterations, repair, and rehabilitation of an existing single-family residence. 6. The 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. 7. The previously completed, and proposed, alterations, repair, and rehabilitation of an existing single-family residence are consistent with the Historic Preservation Ordinance, Historic Design Guidelines, and the Secretary of Interior Standards as shown on the redlined project plans, and as modified through the Conditions of Approval. Planning Commission Resolution No. 4209 PLN2015-30 / PLN2015-117 - 99 Alice Avenue Approving a Conditional Use Permit and Mitigated Negative Declaration Page 3 of 4 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. 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. Planning Commission Resolution No. 4209 PLN2015-30 / PLN2015-117 - 99 Alice Avenue Approving a Conditional Use Permit and Mitigated Negative Declaration Paae 4 of 4 13. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required Conditions of Approval, will have a significant adverse impact on the environment. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit (PLN2015-30) to allow previously completed, and proposed alterations, repair and rehabilitation of an existing single-family residence on property located at 99 Alice Avenue in the R-1-6/H (Single Family Residential /Historic Overlay) Zoning District and the adoption of a Mitigated Negative Declaration (PLN2015-117), subject to the attached Conditions of Approval (attached Exhibit "A"). PASSED AND ADOPTED this 12th day of May, 2015, by the following roll call vote: AYES: Commissioners: Bonhagen, Finch, Reynolds, Rich and Young NOES: Commissioners: None ABSENT: Commissioners Dodd ABSTAIN: Commissioners: Kendall .~ APPROVED: Pamela Finch, Chair ATTEST: Paul Ker oyan, Secretary EXHIBIT A CONDITIONS OF APPROVAL Conditional Use Permit (PLN2015-30) and Mitigated Negative Declaration (PLN2015-117) 99 Alice Avenue The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the ordinances of the City of Campbell and the State of California. Where approval by the Community Development Director, 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: Approved Project: Approval is granted for a Conditional Use Permit (PLN2015-30) to allow exterior alterations and rehabilitation of a Historic Resource designated property located within the Alice Avenue Historic District. The project shall substantially conform to the revised Project Plans and Proposed Window, and Proposed Door exhibits stamped as received by the Community Development Department on April 22, 2015, except as may be modified by the Conditions of Approval specified herein. 2. Environmental Mitigation Measures: a. AES-1: New features shall be differentiated from old and shall be compatible in terms of massing, size, scale, and architectural features to protect the historic integrity of the property and the scenic vista. b. CUL-1: The removal of historic materials or alteration of features that characterize the property shall be avoided. Where historic features are to be replaced, the new features shall replicate the historic details or period of construction to the extent feasible. Cultural Resources: If archaeological or paleontological resources are encountered during excavation or construction, construction personnel shall be instructed to immediately suspend all activity in the immediate vicinity of the suspected resources and the City and a licensed archeologist or paleontologist shall be contacted to evaluate the situation. A licensed archeologist or paleontologist shall be retained to inspect the discovery and make any necessary recommendations to evaluate the find under current CEQA guidelines prior to the submittal of a resource mitigation plan and monitoring program to the City for review and approval prior to the continuation of any on-site construction activity. 4. Human Remains: In the event a human burial or skeletal element is identified during excavation or construction, work in that location shall stop immediately until the find can be properly treated in compliance with § 7050.5 of the California Health and Safety Code and § 5097.94 of the California Public Resources Code. The City and the Santa Conditions of Approval ~ 99 Alice Avenue Conditional Use Permit (PLN2015-30) and Mitigated Negative Declaration (PLN2015-117) Page 2 of 5 Clara County Coroner's office shall be notified. If deemed prehistoric, the Coroner's office would notify the Native American Heritage Commission who would identify a "Most Likely Descendant (MLD)." The archeological consultant and MLD, in conjunction with the project sponsor, shall formulate an appropriate treatment plan for the find, which might include, but not be limited to, respectful scientific recording and removal, being left in place, removal and reburial on site, or elsewhere. Associated grave goods are to be treated in the same manner. 5. Stucco: All exterior stucco is to be removed and replaced. Where stucco is replaced on the historic segment of the residence, it shall be replaced with a stucco of an equivalent thickness, composition, and finish (fine sand) as the existing building. Where stucco is installed for the new addition, it shall be shall be distinct from the historic segment in terms of depth, finish, and texture. 6. Windows: All replacement windows sashes and frames shall replicate the historic window details to the extent feasible. The replacement window sashes shall be replaced with all wood double-pane kits, with simulated divided light, with a matching grid pattern to that of the historic windows as depicted on the "Proposed Window" exhibit. 7. Front Door: The applicant may remove and replace the front door with a new solid wood door with a square glass panel at the top as depicted on the "Proposed Door" exhibit. 8. Concrete Entry: The front entry shall remain concrete and incorporate waterproofing measures (metal flashing) against the building to ensure the structure is adequately protected. The metal flashing shall be painted to match the building walls. 9. Rafter Tails: All exposed rafter tails shall be painted to match the trim of the window frames. 10. Gutters: Gutters have not been reviewed or approved for the historic segment of the home. 11. Plan Revisions: The following plan revisions shall be prepared by a licensed architect, and submitted as building permit revisions for review and approval, prior to recommencing work on the historic segment of the residence: a. Sheet 1 of 3 (Site Plan): 1. The new gas meter shall be relocated behind the 6-foot tall wooden fence on a riser detached from the residence. 2. The note indicating that the new the over the existing concrete slab shall be removed. 3. The note indicating a new stone veneer over the front entry pedestals shall be removed as these features are to remain stucco. b. Sheet 2 of 3 (Elevations): Conditions of Approval ~ 99 Alice Avenue Conditional Use Permit (PLN2015-30) and Mitigated Negative Declaration (PLN2015-117) Paae 3 of 5 1. Front (South) Elevation: a. The note indicating a new stone veneer over the stucco shall be removed from the front entry pedestals as these features are to remain stucco. b. The note indicating "existing glass door" shall be removed. The proposed design of the new replacement door shall be reflected on this elevation. c. The existing mailbox slot shall be indicated to remain. 2. Right (East) Side Elevation: a. A note shall be added for all windows on the historic segment of the home, to clarify that all original window frames and sashes shall be replaced with all wood construction to match the original design. b. The window providing egress/ingress for Bedroom #4 may be removed and replaced with a larger window to comply with Building Code requirements. 3. Left (West) Side Elevation: a. The note indicating the smaller, higher window on the left side elevation of the historic segment of the residence shall be removed, as this window shall be required to be retained. 4. Rear (North) Elevation: a. The rear elevation shall be revised to show the "as-built" window conditions, with clarifying call-outs indicating how these windows are different than those to be installed on the historic segment of the structure. c. Sheet 3 of 3 (Floor Plan): a. The note indicating the smaller, higher window on the left side elevation of the historic segment of the residence shall be removed, as this window shall be retained. b. The note indicating the placement of the new gas meter shall be removed. 12. 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 revisions to building permit must be submitted to the Campbell Building Division. Failure to meet this deadline will result in the Conditional Use Permit being void. 13. 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. 14. 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 Conditions of Approval ~ 99 Alice Avenue Conditional Use Permit (PLN2015-30) and Mitigated Negative Declaration (PLN2015-117) Page 4 of 5 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. 15. Compliance with Other Regulations: The applicant shall comply with all state, county, and city regulations and laws that pertain to the proposed project. 16. 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. 17. Construction Activities: The applicant shal- 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. Public Works Department: 18. Previous Conditions: Prior to issuance of any grading or building permits for the site, the applicant is required to complete the Conditions of Approval for the project approved by the Planning Commission on November 12, 2013 (PLN2013-203). Conditions of Approval ~ 99 Alice Avenue Conditional Use Permit (PLN2015-30) and Mitigated Negative Declaration (PLN2015-117) Paae 5 of 5 Santa Clara County Fire Department 19. 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.