PC Res 4343RESOLUTION NO. 4343
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A SITE AND
ARCHITECTURAL REVIEW PERMIT TO ALLOW FOR THE
CONSTRUCTION OF A NEW 3,953 SQUARE-FOOT, TWO-STORY
SINGLE-FAMILY RESIDENCE AND TREE REMOVAL PERMIT
(PLN2016-260) TO ALLOW THE REMOVAL OF A PROTECTED
TREE ON PROPERTY LOCATED AT 738 BRIARWOOD WAY (LOT
3). FILE NO.: PLN2015-266 & PLN2016-260
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 PLN2015-266 &
PLN2016-260:
Environmental Findina(s
1. The project qualifies as a Categorically Exempt project per Section 15303 of the
California Environmental Quality Act (CEQA), pertaining to the construction of single-
family dwellings and under Section 15304 pertaining to minor alterations to private
land and vegetation.
Evidentiary Findings
1. The project site is zoned R-1-8 (Single Family Residential) on the City of Campbell
Zoning Map.
2. The project site is designated Low Density Residential (<4.5 units/gr. acre) on the
City of Campbell General Plan Land Use diagram.
3. The project site is located at the northeast end of Briarwood Way, north of Cambrian
Drive, west of Union Avenue, and south of central Park Drive in the Campbell Village
Neighborhood.
4. The proposed project would allow the construction of a new two-story 3,953 square-
foot single-family residence with a lot coverage of 27.8% and a floor area ratio of
44.8% where a maximum lot coverage of 40% and floor area ratio of 45% is
allowable. Further, the project would allow for the removal of one (1) 14-inch diameter
oak tree.
5. The proposed project will be compatible with the R-1-8 (Single Family Residential)
Zoning District with approval of a Site and Architectural Review Permit.
6. The proposed residence provides two covered parking spaces, satisfying the
applicable parking requirement to provide two spaces, one of which shall be covered.
7. The proposal is consistent with the City adopted Design Guidelines for Single Family
Homes.
Planning Commission Resolution No.
PLN2015-266 & PLN2016-260 - SFR & TRP
738 Briarwood Way (Lot 3)
Page 2 of 3
8. The proposal is consistent with the Considerations in Review of Applications
(CMC21.42.040) subject to Site and Architectural Review.
9. Removal of trees greater than 12-inches in diameter (of a protected species) requires
a Tree Removal Permit under the City's Tree Protection requirements (CMC 21.32).
10. The oak tree is in direct conflict with the proposed residence.
11. The oak tree is in poor condition, with dried out and dead branches, termite damage,
a poor root structure and may be diseased.
12. Redwood, oak, cedar and ash trees are considered protected in the City of Campbell.
13. The applicant will be required to plant two 24-inch box trees to replace the removed
tree, one of which shall be oak.
14. The replacement trees will be a sufficient replacement for the trees to be removed
and will continue the diversity of tree species found in the community.
Based upon the foregoing findings of fact and pursuant to CMC Section 21.42.020, the
Planning Commission further finds and concludes that:
1. 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 tree is in poor condition and presents a danger of falling that cannot be controlled
or remedied through reasonable preservation and/or preventative procedures and
practices such that public health or safety requires its removal; and
5. This project is Categorically Exempt under Section 15303 of the California
Environmental Quality Act (CEQA), pertaining to the construction of single-family
dwellings, and under Section 15304 pertaining to minor alterations to private land and
vegetation.
THEREFORE, BE IT RESOLVED that the Planning Commission approves a Site and
Architectural Review Permit (PLN2015-266) to allow for the construction of a new 3,784
square-foot, single-family residence and removal of a one (1) 14-inch diameter oak tree
(PLN2016-260) on property located at 738 Briarwood Way (Lot 3), subject to the
attached Conditions of Approval (attached Exhibit "A").
PASSED AND ADOPTED this 25th day of October, 2016, by the following roll call vote:
Planning Commission Resolution No.
PLN2015-266 & PLN2016-260 - SFR & TRP
738 Briarwood Way (Lot 3)
Page 3 of 3
AYES:
NOES:
ABSENT:
ABSTAIN
Commissioners: Dodd, Hernandez, Reynolds, Young, Rich and Kendall
Commissioners:
Commissioners:
Commissioners:
APPROVED:
ATTEST:
Paul Kermoyan, Secretary
EXHIBIT A
CONDITIONS OF APPROVAL
Site and Architectural Review Permit (PLN2015-266) 8~
Tree Removal Permit (PLN2016-260)
738 Briarwood Way (Lot 3)
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 Site and Architectural Review Permit
(PLN2015-266) to allow for the construction of a new 3,953 square=foot, single-family
residence and the removal of one (1) 14-inch diameter oak tree located at 738
Briarwood Way (Lot 3). The project shall substantially conform to the project plans
and color and material board as received by the Planning Division on September 27,
2016, except as may be modified by the Conditions of Approval herein.
2. Permit Expiration: The Site and Architectural Review Permit & Tree Removal Permit
approval shall be valid for one year from the date of final approval (expiring November
4, 2017). Within this one-year period, an application for a building permit must be
submitted. Failure to meet this deadline will result in the Site and Architectural Review
Permit & Tree Removal Permit being rendered void.
3. Phasing: The one (1) 14-inch diameter oak tree shall not be removed until after the
building permit has been submitted.
4. Revision to Plans: The building permit submittal construction plans shall incorporate
the following revisions:
a. Trees: The project plans shall note the inclusion of two (24-inch box)
trees, one of which shall be oak. One of the two trees shall be planted at
the northwest corner of the property, to the west of the garage.
b. Pervious Pavers or Stamped Patterns: The building permit plans shall
reflect the inclusion of pervious pavers or stamped patterns (to resemble
the look of pavers).
Compliance with these revisions shall be subject to the satisfaction of the Director of
Community Development.
5. Planning Final Required: Planning Division clearance is required prior to final Building
Permit clearance. Construction not in substantial compliance with the approved
project plans shall not be approved without prior authorization of the necessary
approving body.
Exhibit A -Conditions of Approval ~ 738 Briarwood Way (Lot 3) Page 2 of 5
PLN2015-266 (S&A) & PLN2016-260 (TRP)
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 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.
7. FencesNValls: Any newly proposed fencing and/or walls shall comply with Campbell
Municipal Code Section 21.18.060 and shall be submitted fo.r review and approval by
the Community Development Department.
8. 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.
9. .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. 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.
Building Division
10. Permits Required: A building. permit application, shall be required for the proposed
addition to the existing structure. The building permit shall include
Electrical/Plumbing/Mechanical fees when such work is part of the permit.
11. 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.
Exhibit A -Conditions of Approval ~ 738 Briarwood Way (Lot 3)
PLN2015-266 (S&A) & PLN2016-260 (TRP)
Page 3 of 5
12. Construction Plans: The Conditions of Approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
13. Size of Plans: The minimum size of construction plans submitted for building permits
shall be 24 in. X 36 in.
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)
c. foundation corner locations
17. Title 24 Energy Compliance: California Title 24 Energy Compliance forms shall be
blue-lined on the construction plans. 8'/2 X 11 calculations shall be submitted as well.
18. 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.
19. 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.
20. 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. Bay Area Air Quality Management District (Demolitions Only)
d. School District:
Exhibit A -Conditions of Approval ~ 738 Briarwood Way (Lot 3) Page 4 of 5
PLN2015-266 (S&A) & PLN2016-260 (TRP)
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/resourcesfamilies/districtlocator. Obtain the
School District payment form from the City Building Division, after the Division
has approved the building permit application.
21. 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.
22. 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.
23. 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.
24. CA 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.
FIRE DEPARTMENT
25. 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.
26. 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.
.Exhibit A -Conditions of Approval ~ 738 Briarwood Way (Lot 3) Page 5 of 5
PLN2015-266 (S&A) & PLN2016-260 (TRP)
27. 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 may
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 purveyor
as having been met by the applicant(s). 2007 CFC Sec. 903.3.5 and Health and Safety
Code 13114.7
28. 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.
29. Address Identification: New and existing buildings shall have approved address
numbers, building numbers or approved building identification placed in a position that
is plainly legible and visible from the street or road fronting the property. These
numbers shall contrast with their background. Where required by the fire code official,
address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a
minimum of 4 inches (101.5 mm) high with a minimum stroke width of 0.5 inch
(12.7mm),. Where access is by means of a private road and the building cannot be
viewed from the public way, a monument, pole, or other sign or means shall be used to
identify the structure. Address numbers shall be maintained. CFC Sec. 505.1