PC Res 4362RESOLUTION NO. 4362
BEING A RESOLUTION OF THE- PLANNING COMMISSION OF
THE Ci T Y .OF CAMPBELL RECOi~iViENDING THAT THE CITY
COUNCIL APPROVE A PLANNED DEVELOPMENT PERMIT
(PLN2016-47) TO ALLOW CONSTRUCTION OF TWO SINGLE-
FAMILY DWELLINGS ON PROPERTY LOCATED AT 96 E RINCON
AVENUE. FILE NO.: PLN2016-47
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 PLN2016-47:
1. The project site is located along Rincon Avenue, between 3rd and 4th streets.
2. The project site is zoned P-D (Planned Development) on the City of Campbell Zoning
Map.
3. The project site is designated Low-Medium Density Residential (6-13 units/gr. acre)
on the City of Campbell General Plan Land Use diagram. - ,
4. The project site has a 'net lot area' of 7,200 square-feet and a 'gross lot area' of 8,400
square-feet..
5. The project site is developed with a Craftsman cottage constructed circa 1922-1928.
6. The proposed project is an application fora Planned Development Permit (PLN2016-
47) that would allow demolition of the existing residence and construction of two
single-family residences, including a primary residence at the front of the- property
and a smaller residence at the rear of the property. The proposed project also.
includes a Tree Removal Permit to allow removal of two Walnut trees.
7. The proposed project would result in a residential density of 10.3 units/gr. acre,
consistent with the General .Plan Designation of Low-Medium Density Residential (6-
13 units/gr. acre).
8. The proposed project would result in two residential dwelling units, which is the same
number allowed by the R-D (Two-Family Residential) Zoning District (as based on a
net lot area of 7,000 square-feet), which is the most comparable zoning district
consistent with the general plan designation of Low-Medium Density Residential (6-
13 units/gr. acre).
9. In 2013, the project site had been considered for inclusion on the Campbell Historic
. Resource Inventory (HRI), as recommended ,by the Planning Commission and
Historic Preservation Board. However, the" City Council, upon request by the former
property owner, removed from the property from consideration.
10. In recognition of the age of the existing structure, the previous consideration for the
property's inclusion on the HRI, and in furtherance of its affirmative obligation under
the California Environmental Quality Act (CEQA) to determine whether the existing
Planning Commission Resolution No. 4362
PLN2016-47 - 96 E. Rincon Ave. -.Planned Development Permit Page 2 of 3
residential may be an historic resource, the City contracted for preparation of a
Historic Resource Evaluation prepared by a qualified historic architect. The evaluation
determined -that the existing. structure "does not- display , a level of ~ historical
significance or integrity that would qualify it for listing as a historic resource on the
California Register of Historical Resources or on the National Register of Historic
Places under any criteria," further concluding that it "does not appear to be significant
at the local level, as it does .not possess exceptional levels of 'historical and cultural
history' nor does it exhibit exceptional levels of 'architectural, engineering, and
historical significance' within Campbell's built environment."
11. The Historic Resource Evaluation considered the local context of the existing
structure, as evidenced by consultant's request for all applicable historical materials
in the City's possession including Board Members' Architectural Questionnaires and
Criteria -for Historical Significance for the subject property, as well as copies of the
City's DPR forms for all historic properties in the City.
12. As based on substantial evidence, specifically the project's Historic Resource
Evaluation, including its analysis, supporting documentation, and conclusions, it can
be determined that the existing structure is not a historic resource under CEQA.
13. In review of the proposed project, the Planning Commission considered the site
circulation, traffic congestion, and traffic safety effects of the project, including the
effect of the site development plan on traffic conditions on abutting streets; the layout
of the site with respect to locations and dimensions of vehicular and pedestrian
entrances, exit driveways, and walkways; the arrangement and adequacy of off-street
parking facilities to prevent traffic congestion; the location, arrangement, and
dimensions of truck loading and unloading facilities; the circulation patterns within the
boundaries of the development, and; the surfacing and lighting of the off-street
parking facilities;
14. The Planning Commission further considered the landscaping design of the proposed
project, including the location, height, and material offences, walls, hedges, and
screen plantings to ensure harmony -with adjacent development or to conceal storage
areas, utility installations, and other unsightly aspects of the development; the
planting of groundcover or other surfacing to prevent dust and erosion, and the
preservation of existing healthy trees;
15. The Planning Commission further considered the proposed project's architectural and
site layout, including the general silhouette arid mass, including location on the site,
elevations, and relation to natural plant coverage, all in relationship to the surrounding
neighborhood; the exterior design in relation to adjoining structures in terms of area,
bulk, height, ,openings, and breaks in the facade facing the street; and
appropriateness and compatibility of the proposed uses in relation to the adjacent
uses and the area as a whole. -
16. 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.
Planning Commission Resolution No. 4362
PLN2016-47 - 96 E. Rincon Ave. -Planned Development Permit Page 3 of 3
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The proposed development or uses clearly would result in a more desirable
environment and use of land than would be possible under any other zoning district
classification;
2. The proposed development would be compatible with the general plan and will aid in
the harmonious development of the immediate area;
3. 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;
4. The proposed development would not be detrimental to the health, safety or welfare of
the neighborhood or of the city as a whole; and
5. The proposed project is Categorically Exempt under Section 15303 of the California
Environmental Quality Act (CEQA) Guidelines, pertaining to the construction of single-
family dwellings; an exemption that is not precluded by an exception, as specified
Section 15300.2(f), in that the subject property is not a "historical resource" under
CEQA.
THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval of
a Planned Development Permit (PLN2016-47) to allow construction of two single-family
dwellings on property located at 96 E. Rincon Avenue, subject to the attached
Recommended Conditions of Approval (attached Exhibit "A").
PASSED AND ADOPTED this 28th day of January, 2017, by the following roll call vote:
AYES: Commissioners: Dodd, Reynolds, Rivlin, Young, and Rich
NOES: Commissioners:
ABSENT: Commissioners: Hernandez
ABSTAIN: Commissioners: Kendall
APPROVED: ~~' ~°'~ ~
Michael Rich, Acting Chair
ATTEST:
Paul Kermoyan, Secretary
EXHIBIT A
RECOMMENDED CONDITIONS OF APPROVAL
Planned Development Permit (PLN2016-47)
9~ E. Rincon Ave.
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-
47) to allow the construction of two single-family residences on property located at 96 E.
Rincon Avenue. The project shall substantially conform to the Revised Project Plans
and Color/Material Board stamped as received by'the Planning Division on November
January 11, 2017, respectively, except as .may be modified by the Conditions of
Approval herein.
2: Permit Expiration: The Planned Development Permit approval shall be valid for two (2)
years from the date of ,City Council approval (expiring March 21, 2019). Within this two-
year period, an application for building permit(s) must be submitted. Failure to meet this
deadline or expiration of ari issued building permit will result in the 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. Plan Revisions: The building permit submittal construction plans shall incorporate the
following revision(s): -
a. Civil sheets, including grading and drainage plans, and the landscaping plan,
shall be revised to match the approved site plan.
Compliance with these requirement(s) and plan revision(s) shall be subject to the
satisfaction of the Director of Community Development..
5. Water Efficient Landscape Ordinance: As a new construction project with a total project
landscape area equal to or greater than 500 square feet, this project is .subject to the
2015 California Model Water Efficient Landscape Ordinance (MWELO). This document.
is available at: http~//www.cityofcampbell.com/DocumentCenter/View/176 or on the
Planning Division's Zoning and Land Use webpage through www.cit ofcam bell.com.
The building permit application submittal shall include Planting and Irrigation Plans that
demonstrate compliance with the applicable requirements and include the following:
Exhibit A -Recommended Conditions of Approval ~ 96 E. Rincon Ave. Page 2
a. A Landscape Documentation Package prepared by a licensed landscape
architect demonstrating compliance with the full MWELO requirements. Note that
a Certificate of Completion will be required prior to permit final. "
b. A completed Water Efficient Landscape Worksheet (Appendix B of MWELO)
within the plan set and provide a separate 8.5 x 11 hard copy or a pdf via email
to the project planner.
c. A completed Landscape Information Form.
d. A note on the Cover Sheet in minimum 1/2" high lettering stating "Planning Firial
Required. The new landscaping indicated on the plans must be installed prior to
final inspection."
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. 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
8. Permits Required: A building permit application shall be required for each of the
proposed (2) new dwelling structures. The building permit shall include
Electrical/Plumbing/Mechanical fees when such work is part of the permit.
9. 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 -Recommended Conditions of Approval ~ 96 E. Rincon'Ave. Page 3 ,
10. Construction Plans: The conditions of Approval shall be stated in full on the cover sheet
of construction plans submitted for building permit. ~ ~ ~ ~ ,
11. Size of Plans: The minimum size of construction plans submitted for building permits
shall be 24 in. X 36 in.
12. 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.
13. 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.
14. 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: -
• .pad elevation
• finish floor elevation (first floor)
• foundation corner locations
15. 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.
16. Non-Point Source Pollution: 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.
17.Approvals .Required: The project requires the following agency approval prior to
issuance of the building permit:
o West Valley Sanitation District (37$-2407) _
o Santa Clara County Fire Department (378-4010) .
o ~ Bay Area Air Quality Management District (Demolitions Only)
o San Jose Water Company (279-7900) ,
o School District: -
^ Campbell Union School District (378-3405)
^ Campbell Union High School District (371-0960)
Exhibit A =Recommended Conditions of Approval ~ 96 'E. Rincon Ave. Page 4
^ Moreland School District (379-1370)
^ 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.
18. 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.
19. California Green Building=Code: This project is subject to the mandatory requirements
for Residential Structures (Chapter 4) under the California Green Building Code, 2013
edition.
20. 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.
21. 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. _
22.Automatic Sprinkler System: This project shall comply with Section R313 of the
California Residential building Code 2013 edition, and be equipped with a complying
Fire Sprinkler system:
23. 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
The scope of this project trippers the requirement for Frontage Improvements as
required by Campbell Municipal Code 11.24.040. The existing driveway does not meet
accessibility (ADA) requirements and must be reconstructed as part of this project. As this
is a relatively minor frontage improvement, the applicant can apply for an Encroachment
Permit and hire a qualified concrete contractor to install a new accessible driveway curb cut
per the City Standard Detail No. D-15 (visit ,City's Website at City Services-~Public
Works-Engineering-Land Development-). The applicant shall apply for and be.issued the
encroachment permit prior to issuance of the Building permit, and the new driveway shall
be constructed before the applicant can obtain occupancy. ~ A Sidewalk Easement must be
recorded before the applicant can apply for an Encroachment Permit. _
Visit the City's Website and follow the submittal .requirements for Public Works once this
application has received entitlement.
Exhibit A -Recommended Conditions of Approval ~ 96 E. Rincon Ave. Page 5
Visit the City's Website at: .. City Services-Public Works-Engineering-Land
Development-Documents, (or use this ,link:
http://~,vww.citYofcampbel{.cam/20E/Documents): See instructions on:
1. Checklist for Street Improvement Plans.-
. 2. Street Dedication (similar to the Sidewalk Easement)
The building .permit and grading. permit will not be issued until all Public Works Conditions
of Approval have been satisfied. These Conditions of Approval are a supplement to the
Architectural and Civil plans dated 8-11-16 by Chris Spaulding Architects and dated
11/23/16 by Arnold Engineering Associate,. Inc. The plans are not approved for
construction. Further plan checking by Public Works will be required post entitlement.
24. Response Letter: Upon submittal of the Street Improvement Plans, the applicant shall
provide an itemized response letter verifying that all the Public Works Conditions of
Approval have been met or addressed. -
25. Proof of Ownership: Prior to .issuance of .any grading, drainage, or building permits for
the. site, the applicant shall provide a current Preliminary Title Report, grant deed, or
other satisfactory proof of ownership.
26. Public Sidewalk Easement: Prior to issuance of any grading or building .permits for the
site, the applicant shall grant a five foot sidewalk easement, on private property
contiguous with the public right-of-way along the E. Rincon Avenue frontage, unless
otherwise approved by the City Engineer. The applicant shall cause all documents to be
prepared by a registered civil engineer/land surveyor, as necessary,- for. the City's
review and recordation.
27. 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 $340.00.
28: 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 stormvvater 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.
29. 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
shall comply with all plan submittals, permitting, and fee requirements of the serving
utility companies.
Exhibit A -Recommended Conditions of Approval ~ 96 E. Rincon Ave. Page 6
.Utility locations shall not cause 'damage to any ex_ fisting street trees. Where there are
utility conflicts due to established tree roots or where a new tree will be installed,
alternate Iccaticns for utilities shall be explored. Include utility trench details ~,r~her~
necessary.
30. 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. _ -
31. 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.
32. 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. E
Rincon 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.
33. Street Improvement Agreements /Plans /Encroachment Permit /Fees /Deposits:
.Prior to issuance of any grading or 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:
a. Show location of all existing utilities within the new and existing public right of
way:
b. Relocation of all existing utilities including utility boxes, covers, poles, etc.
outside of sidewalk area. No utility boxes, covers, etc. will be allowed in the
sidewalk area. -
c. Removal of existing driveway approach on E Rincon Ave and necessary
sidewalk, curb- and gutter. If there is no garage for the new front home, than the
existing curb cut will be' required to be removed and replaced with standard curb
and gutter (no driveway'access).
~ d. Installation of .City standard curb,, gutter, sidewalk and ADA compliant driveway
approach. Residential driveway shall be per .the .City Standard Detail-15:
http://www.cityofcampbell.com/DocumentCenterNiew/2312
e. Installation of traffic control, stripes and signs.
f. Construction of conforms to existing public and private improvements, as
necessary.
g. Submit final plans in a digital format acceptable to the City.
.Exhibit A -Recommended Conditions of Approval ~ 96 E. Rincon Ave. Page 7
34. Street Improvements Completed for Occupancy and Building Permit Final: Prior to
allowing occupancy and/or finalbuilding permit sig-Hoff for any and/or all buildings, the
applicant Shall liaiie tiie required street iiiiprovemei tS installed and accepted by the
City, and the design engineer shall submit as-built drawings to the City.
35. Utility Encroachment Permit:: Separate encroachment 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.
36.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 of the
City Engineer, to restore pavement or other public- improvements to the satisfaction of
the City. -