PC Res 4327RESOLUTION NO. 4327
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A
PLANNED DEVELOPMENT PERMIT (PLN2016-276) TO ALLOW
THE CONSTRUCTION OF TWO (2) TWO-STORY DETACHED
SINGLE-FAMILY HOMES ON PROPERTY LOCATED AT 1223
WALNUT DRIVE.
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 the recommended approval of
a Planned Development Permit (PLN2016-276):
Environmental Finding
An Initial Study has been prepared for the project which provides documentation for
the factual basis for concluding that a Negative Declaration (PLN2016-37) may be
adopted since no substantial evidence exists, in light of the whole record, that the
project may have a significant effect on the environment as conditioned.
Evidentiary Findings
2. The proposed project ("project") includes a Tentative Parcel Map (PLN2016-019) to
create two residential lots and one common lot, Zoning Map Amendment (PLN2016-
275) to change the zoning designation from R-M (Multi-Family Residential) to P-D
(Planned Development), a Planned Development Permit (PLN2016-276) to allow the
construction of two (2) two-story detached single-family homes, a Tree Removal
Permit (PLN2016-277) to allow for the removal of one protected tree, and a Negative
Declaration (PLN2016-278).
3. The project site consists of a 10,011- square foot (net area) lot located on Walnut
Drive between Wendell Drive and Hacienda Avenue.
4. The lot is currently developed with one single-family residence that will be
demolished as part of the proposed project.
5. Abutting land uses include asingle-family residence to the south, single-family
townhomes to the north and east, and a senior living facility to the west.
6. The project site is designated Low-Medium Density Residential (6-13 Units / Gr.
Acre) as shown on the Campbell General Plan Map.
7. The proposed residential land use, at a density of,approximately seven (7) units/gr.
acre, is consistent with the allowable land use and maximum density permitted by
the Low-Medium Density Residential General Plan land use designation.
Planning Commission Resolution No. 4327
PLN2016-276 -Recommending Approval of a Planned Development Permit -1223 Walnut Dr
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8. The project would be consistent with the following General Plan policies and
strategies:
Policy LUT-3.1: Variety of Residential Densities: Provide land use categories
for and maintenance of a variety of residential densities to
offer existing and future residents of all income levels, age
groups and special needs sufficient opportunities and
choices for locating in Campbell.
Strategy LUT-5.2a: Neighborhood Compatibility Promote new residential
development and substantial additions that are designed to
maintain and support the existing character and
development pattern of the surrounding neighborhood,
especially in historic neighborhoods and neighborhoods with
consistent design characteristics.
Strategy LUT-9.3e: Building Materials: Encourage the use of long-lasting, high
quality building materials on all buildings to ensure the long-
term quality of the built environment.
Strategy LUT-17.1 b: Landscaping: Ensure that new developments provide
new tree plantings, shrubs, greenery and other landscaping
materials, and preserve existing trees and shrubs.
9. The project site is zoned R-M (Multi-Family Residential) as shown on the Campbell
Zoning Map and will be rezoned to P-D (Planned Development).
10. The proposed floor area (<50%), lot coverage (30%), setbacks (15-feet), and height
(27-feet) of the project would be consistent with the R-M zoning district and the
STANP. '
~~ 11. The Planned Development zoning district allows flexibility with regard to lot size.
The project proposes two (2) single-family residential lots, ranging from 3,551 to
4,035 square feet in net site area and a 2,424 square foot common lot in net site
area. The common lot would consist of a private road/driveway and two guest
parking spaces and would be maintained through a maintenance agreement.
12. The project proposes 6 parking spaces (4 enclosed (2x 2-car garage) and 2
uncovered guest spaces), where 6 parking spaces (4 covered, 2 uncovered) are
required.
13. The land use entitlements for the proposed Project may be approved concurrently
where approval of the Tentative Parcel Map is subject to approval of the Zoning Map
Amendment and Planned Development Permit.
14. There are no responsible agencies or trustee agencies responsible for resources
affected by the project.
Planning Commission Resolution No. 4327
PLN2016-276 -Recommending Approval of a Planned Development Permit -1223 Walnut Dr
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15. On the basis of the Initial Study, and as supported by substantial evidence, the
project will not have a significant effect on the environment due to the application of
uniformly applicable development policies and incorporation of project-specific
conditions of approval.
16. The City of Campbell provided a Notice of Intent to adopt a Negative Declaration to
the public via the Campbell Express, the County Clerk, and on the City website.
17. The City of Campbell provided a 20-day public review period of the Negative
Declaration pursuant to the California Environmental Quality Act Guidelines. The
20-day public review period began on May 25, 2016 and the public was invited to
comment on the Draft Negative Declaration in writing and/or in person at the
Planning Commission Public Hearing on June 14th and September 13th and the City
Council public hearing on October 18, 2016. No comments have been received on
the draft Negative Declaration.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
18. The proposed development will clearly result in a more desirable environment and
use of the land than would be possible under any other zoning district classification.
19. The proposed development will be compatible with the General Plan of the City and
will aid in the harmonious development of the immediate area.
20. The proposed development will not result in allowing more residential units than
would be allowed by other residential zoning districts, which are consistent with the
General Plan designation of the property.
21. The proposed development will not be detrimental to the health, safety or welfare of
the neighborhood or the City as a whole.
22. There is a reasonable relationship and a rough proportionality between the
Conditions of Approval and the impacts of the project.
23. There is a reasonable relationship between the use of the fees imposed upon the
project and the type of development project.
24. 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 recommends approval
of a Planned Development Permit (PLN2016-276) to allow the construction of two (2)
two-story detached single-family homes on property located at 1223 Walnut Drive,
subject to the attached recommended Conditions of Approval (attached Exhibit A).
Planning Commission Resolution No. 4327
PLN2016-276 -Recommending Approval of a Planned Development Permit -1223 Walnut Dr
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PASSED AND ADOPTED this 13th day of September, 2016, by the following roll call
vote:
AYES: , Commissioners: Bonhagen, Dodd, Hernandez, Reynolds Young, Kendall
NOES: Commissioners:
ABSENT: Commissioners: Rich
ABSTAIN: Commissioners:
APPROVED:
A
n, Secretary
is Dodd, Chair
RECOMMENDED CONDITIONS OF APPROVAL
Planned Development Permit (PLN2016-276)
Where approval by the Director of Community Development, City Engineer, Public
Works Director, City Attorney or Fire Department is required, that review shall be for
compliance with all applicable conditions of approval, adopted policies and guidelines,
ordinances, laws and regulations and accepted engineering practices for the item under
review. Additionally, the applicant is hereby notified that he/she is required to comply
with all applicable Codes or Ordinances of the City of Campbell and the State .of
California that pertain to this development and are not herein specified.
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
Approved Project: Approval is granted for a Planned Development Permit
(PLN2016-276) to allow the construction of two (2) two-story detached single-family
homes, A Tentative Parcel Map (PLN2016-019) to create two residential lots and
one common lot, Zoning Map Amendment (PLN2016-275) to change the zoning
designation from R-M (Multi-Family Residential) to P-D (Planned Development), a
Tree Removal Permit (PLN2016-277) to allow for the removal of one protected tree,
and a Negative Declaration (PLN2016-278). The project shall substantially conform
to the Revised Project Plans & Tentative Subdivision Map dated August 9, 2016
except as may be modified by the Conditions of Approval herein
2. Planning Final Required: Planning Division clearance is required prior to Building
Permit final.
3. Plan Revisions: Prior to Building Permit submittal, the project plans shall reflect the
following changes: -
a. Conditions of Approval: The conditions of approval shall be stated in full in the
construction plans.
b. Trees: The final landscape plan shall reflect the location, species, and size
(minimum 24-inch box) of the' replacement tree, as required for the tree removal
permit.
The incorporation of these revisions shall be subject to the satisfaction and approval
of the Community Development Director.
4. Permit Expiration: The Planned Development Permit is valid for a period of two
years from the date of final City Council approval. A building permit must be
obtained within this two-year period or the Planned Development Permit shall be
void.
5. Tract Map /Planned Development Permit: The Tentative Parcel Map is contingent
upon approval of the Planned Development Permit (PLN2016-276). A Tract Map
may not be recorded if the Planned Development Permit expires or is revoked by the
Exhibit A -Recommended Conditions of Approval
1223 Walnut Drive -Planned Development Permit (PLN2016-276)
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City Council. The Tract Map shall be recorded prior to the issuance of building or
grading permits.
6. 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.
7. Parking and Driveways: All parking and driveway areas shall be developed and
maintained in compliance chapter 21.28 (Parking and Loading Ordinance) of the
,Campbell Municipal Code.
8. Indemnity: If determined necessary by the Community Development Director, the
applicant shall enter into an agreement satisfactory to the City Attorney to indemnify
and defend the City of Campbell, its officers, officials, employees, and agents from
any and all actions, liabilities, losses, and torts, including attorney's fees arising out
of or connected unto any challenge to the decision of the City Council on this
application. Such agreement shall be executed within the 30 days of the Community
Development Director's decision to require it.
9. Pest Control: Prior to issuance of a demolition and/or building permit, the applicant
shall be required to hire a pest control company to inspect the site for rodents and
provide a report on the inspection to the City for review. If it has determined that
rodents exist; a remediation plan shall be prepared by the pest control company and
provided to the City for review and approval, and the remediation plan shall be
implemented to rid the site of rodents prior to issuance of a demolition and/or
building permit.
10. Sound Attenuation: The project shall comply with the City Residential Noise
Standards (CMC 21.16.070.E).
11. Utility Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to
installation of any PG&E utility (transformer) boxes and San Jose Water Company
back-flow preventers, indicating the location of the boxes for approval by the
Community Development Director.
12. Pad Certification: Following site grading and prior to preparation of individual
building pad forms, the following improvements shall be certified by a licensed land
surveyor and reviewed by the Community Development Director to determine
consistency with the approved plan (grade, pad and drainage).
13. Residential Address Identification: The applicant shall submit a detail sheet showing
uniform residential address identification material type and location on the building
wall for review and approval by the Community Development prior to the issuance of
Building Permits. In order to obtain approval, numbers or addresses shall be placed
on all new and existing buildings in such a position as to be plainly visible and legible
Exhibit A -Recommended Conditions of Approval
1223 Walnut Drive -Planned Development Permit (PLN2016-276)
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from the street or road fronting the property. Additionally, number material and color
is required to contrast with their background.
14. Property Maintenance: The property is to be maintained free of any combustible
trash, debris, and weeds until the time that actual construction commences. Any
vacant existing structures shall be secured, by having windows boarded up and
doors sealed shut, or be demolished or removed from the property (California Fire
Code, 2013 Edition).
15. Stormwater and Grading Requirements: The project shall comply with City
stormwater and grading requirements (CMC Sec. 20.80.020, 21.16.100, and 14.02),
as more specifically itemized in the Public Works Department Conditions of Approval _
for the Tentative Subdivision Map.
16. Construction Activity: The following standards shall apply to construction of the
project:
Construction Hours (CMC 18.04.052): Construction activity shall be limited to the
hours of eight a.m. and five p.m. daily, Monday through Friday. Saturday hours of
construction shall be nine a.m. and four p.m. There shall be no construction
activity on Sundays or National Holidays.
• Construction Noise (CMC 18.04.052): No loud environmentally disruptive noise
over fifty dbs., such as air compressors without mufflers, continuously running
motors or generators, loud playing musical instruments or radios will be allowed
during the authorized hours of construction, Monday through Saturday, where
such noise may be a nuisance to adjacent residential neighbors. Such nuisances
shall be discontinued.
• 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 issuance of building permits.
Building ®ivision
TO THE SATISFACTION OF THE BUILDING DIVISION MANAGER/BUILDING
OFFICIAL:
17. PERMITS REQUIRED: A building permit application shall be required for each
proposed new dwelling structure. The building permit shall include
Electrical/Plumbing/Mechanical fees when such work is part of the permit.
18. PLAN PREPARATION: This project requires plans prepared under the direction
and oversight of a California licensed Engineer or Architect. Plans submitted for
Exhibit A -Recommended Conditions of Approval
1223 Walnut Drive -Planned Development Permit (PLN2016-276)
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building permits shall be "wet stamped"; and signed by the qualifying professional
person. ,
19. CONSTRUCTION PLANS: The conditions of Approval shall be stated in full on the
cover sheet of construction plans submitted for building permit.
20. SIZE OF PLANS: The minimum size of construction plans submitted for building
permits shall be 24 in. X 36 in.
21. 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.
22. 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.
23. 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)
c. foundation corner locations
24. 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 106. Please obtain City of
Campbell, Special Inspection forms from the Building Inspection Division Counter.
25. 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.
26. APPROVALS REQUIRED: The project requires the following agency approval or
consultation prior to issuance of the building permit:
Exhibit A -Recommended Conditions of Approval
1223 Walnut Drive -Planned Development Permit (PLN2016-276)
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a. West Valley Sanitation District (378-2407)
b. Santa Clara County Fire Department (378-4010)
c. San Jose Water Company (408) 279-7900 (Customer Service)
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 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. .
27. CALIFORNIA GREEN BUILDING CODE: This project is subject to the mandatory
requirements for new residential structures (Chapter 4) under the California Green
Building Code, 2013 edition.
28. 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.
29. 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.
30. AUTOMATIC FIRE SPRINKLER SYSTEMS: This project shall comply with
Section R313 of the California Residential building Code 2013 edition, and be
equipped with a complying Fire Sprinkler system.
31. 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.