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PC Res 4356RESOLUTION NO. 4356 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A SITE AND ARCHITECTURAL REVIEW PERMIT (PLN2016-343) FOR A NEW 4,189 SQUARE FOOT SINGLE-STORY SINGLE-FAMILY RESIDENCE WITH ATTACHED GARAGE AND TREE REMOVAL PERMIT (PLN2016-414) FOR REMOVAL OF FIVE (5) ON-SITE TREES ON PROPERTY LOCATED AT 910 EMORY 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 numbers PLN2016-343 and PLN2016-414: Environmental Findi 1. The project is Categorically Exempt per Section 15303, Class 3 of the California Environmental Quality Act (CEQA), pertaining to construction of a new single-family dwelling unit. Evidentiary Findings 2. The project site is zoned R-1-16 (Single Family Residential) on the City of Campbell Zoning Map. 3. The project site is designated Low Density Residential (<3.5 units/gr. acre) on the City of Campbell General Plan Land Use diagram. 4. The project site is an approximately 22,078 square-foot (gross) lot located on the east side of Emory Avenue, surrounded by single-family residential properties. 5. The proposed project consists of a single-story 4,189 square-foot single-family residence with a lot coverage ratio of 23% -and a floor area ratio of 22% where a maximum lot coverage of 40% and floor area ratio of 45% is allowed. 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 San Tomas Area Neighborhood Plan (STANP). 8. The proposal is consistent with the Considerations in Review of Applications (CMC21.42.040) subject to Site and Architectural Review. Planning Commission Resolution No. 4356 Page 2 of 3 PLN2015-343 and PLN2015-414 ~ 910 Emory Ave Avenue Site & Architectural Review Permit and Tree Removal Permit 9. Removal of trees greater than 12-inches in diameter requires • a Tree Removal Permit under the City's Tree Protection requirements (CMC 21.32). 10. Five (5) trees are proposed for removal and have been evaluated in a tree survey prepared for the property. Tree #16 is a 16-inch red cedar tree which is in poor condition and dying from the top down (meeting finding 1:_ diseased or danger of falling). Tree #10 is a 12-inch double trunked holly oak tree that is in "fair" condition but is growing too close to nearby trees to ensure its long-term viability (meeting finding 4: overplanting). Tree #7 is a 16-inch pepper tree that is considered a public nuisance and may therefore be removed without approval of a tree removal permit. Trees #11 (10-inch holly oak tree) and #15 (6-inch holly oak tree) can be removed without a permit because they are both below the minimum 12-inch threshold. 11. Thirteen (13) existing trees will remain on the property, exceeding the ten-tree minimum requirement for this property (one tree per 2,000 square feet of net lot area). 12. The applicant will also be required to plant new 24-inch box trees to replace any protected removed trees in accordance with CMC Section 21.32.100. 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. 13. 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. 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; and 4. All five trees may be removed because they are either exempt from the Tree Protection Ordinance or they meet the findings for removal pursuant to Campbell Municipal Code Section 21.32.080; and 5. This project is Categorically Exempt under per Section 15303 of the California Environmental Quality Act (CEQA), pertaining to the construction of single-family dwellings. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Site and Architectural Review Permit (PLN2016-343) for a new 4,189 square foot single-story single-family residence with attached garage and a Tree Removal Permit (PLN2016-414) Planning Commission Resolution No. 4356 Page 3 of 3 PLN2015-343 and PLN2015-414 ~ 910 Emory Ave Avenue Site & Architectural Review Permit and Tree Removal Permit removal of protected trees on property located at 910 Emory Avenue, subject to the attached Conditions of Approval (attached Exhibit "A"). PASSED AND ADOPTED this 10th day of January, 2017, by the following roll call vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners ABSTAIN: Commissioners: ~l Dodd, Hernandez, Kendall and Rich None Reynolds and Young None APPROVED: ~~~°l ~~~~~~~ Yvonne Kendall, Chair ATTEST: Paul er yan, Secretary CONDITIONS OF APPROVAL Site & Architectural Review Permit (PLN2016-343) and Tree Removal Permit (PLN2016-414) 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 new 4,189 square foot single-story single-family residence with attached garage (Site and Architectural Review Permit P.LN2016-343) and removal of five (5) on-site trees (Tree Removal Permit PLN2016- 414) in the R-16 (Residential) Zoning District. The project shall substantially conform to the Revised Project Plans, received by the Community Development Department on December 21, 2016, except as may be modified by the Planning Commission, the Community Development Director, and/or as conditioned 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 January 20, 2018). 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. 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. 4. Time of Removal: The trees may only be removed in conjunction with demolition of existing on-site structures, subject to the conditions of approval for the Site and Architectural Review Permit. 5. Replacement Trees: All protected tree shall be replaced at a minimum of a one-to- one ratio in accordance with CMC 21.32.100, Table 3-5 (Replacement Tree Requirements) to be noted with the project's "final" landscaping plan. 6. FencesNValls: Any newly proposed fencing and/or walls shall comply with Campbell Municipal Code Section 21.18.060 and shall be submitted for review and approval by the Community Development Department. Exhibit A -Conditions of Approval Page 2 of 11 PLN2015-343 and PLN2015-414 ~ 910 Emory Ave Avenue Site & Architectural Review Permit and Tree Removal Permit 7. Landscaping: Prior to the issuance of building permits for the project, the applicant shall submit a detailed landscape and irrigation plan prepared by a licensed Landscape Architect for review and approval by the Community Development Director. Landscape and irrigation plans shall be consistent with the City's Water Efficient Landscaping Standards. a. The front yard shall be landscaped and paving shall not exceed 50% of the front yard pursuant to Campbell Municipal Code (CMC) Sections 21.26.030(6) and 21.18.070 respectively. b. The landscape plans should indicate the square footage of disturbed/re- landscaped planting areas or new planting areas. c. If the project landscape area is 500 square feet or greater, the applicant shall submit a landscape documentation package demonstrating compliance with the 2015 California Model Water Efficient Landscape Ordinance (MWELO). i. If the landscape area is 2,500 square feet or less, the project may comply with the prescriptive option (Appendix D) per Section 490.1(c) of the MWELO. ii. If the landscape area is over 2,500 square feet, submit a landscape documentation package prepared by a licensed landscape architect demonstrating compliance with the full MWELO requirements. d. All street trees and on-site streets shall be a minimum 24-inch box size. Shrubs shall be a minimum of 5-gallon size. e. All landscaping installed as required per the approved landscape plan shall be maintained in good health. f. All landscaping shall be installed prior to building occupancy. g. All landscape areas shall be protected by 6-inch high poured in place concrete curbs. 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. 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. Exhibit A -Conditions of Approval Page 3 of 11 PLN2015'-343 and PLN2015-414 ~ 910 Emory Ave Avenue Site & Architectural Review Permit and Tree Removal Permit 10. 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 m_ uffled 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: 11. PERMITS REQUIRED: A building permit application shall be required for the proposed new commercial structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 12. 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. 13. CONSTRUCTION PLANS: The conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 14. SIZE OF PLANS: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 15. 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. Exhibit A -Conditions of Approval Page 4 of 11 PLN2015-343 and PLN2015-414 ~ 910 Emory Ave Avenue Site~,& Architectural Review Permit and Tree Removal Permit 16. 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. 17. 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 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 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: 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. Bay Area Air Quality Management District (Demolitions Only) e. 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. Exhibit A -Conditions of Approval Page 5 of 11 PLN2015-343 and PLN2015-414 ~ 910 Emory Ave Avenue Site & Architectural Review Permit and Tree Removal Permit 21. P.G.& E.: Applicant is advised that Secondary Dwelling Units on Residential lots are not able to have separate electrical and gas service. Gas and Electric service must be provided from the services associated with the main residential structure. 22. 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. 23. 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. 24. 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. 25. 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. 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. PUBLIC WORKS DEPARTMENT 27. Vacation of Public Easement: Per Tract Map No. 284, the property is encumbered with an old County Light and Air easement that is shown on the map as a 35 foot Building Setback Line. If the applicant wishes to construct the new structure within that area, then the applicant shall fully complete the easement vacation process prior to issuance of the building permit. The applicant shall submit a vacation of the building setback line application for approval by the City Engineer, pay the current application processing fee, process the application with City staff's comments and fully complete the vacation. 28. Storm Drain 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 at $2,120.00 per net acre, which is $928.00 29. Water Meter(s) and Sewer Cleanout(s): Proposed water meter and sewer cleanout shall be installed on private property behind the public right-of-way line. 30. The following conditions only apply if the applicant has a need to install /upgrade utility services (water, sewer, gas, etc.) in the street: Exhibit A -Conditions of Approval _ Page 6 of 11 PLN2015-343 and PLN2015-414 ~ 910 Emory Ave Avenue Site & Architectural Review Permit and Tree Removal Permit a. 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. b. 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. c. 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. Emory 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. 31~. 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.