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PC Res 4441RESOLUTION NO. 4441 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A SITE AND ARCHITECTURAL REVIEW PERMIT (PLN2018-61) TO ALLOW THE CONSTRUCTION OF AN APPROXIMATELY 3,515 SQUARE-FOOT SINGLE-STORY SINGLE-FAMILY RESIDENCE AND A TREE REMOVAL PERMIT (PLN2018-62) TO ALLOW THE REMOVAL OF ONE 13-INCH DIAMETER OAK TREE ON PROPERTY LOCATED AT 1572 THERESA 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 PLN2018-61 & PLN2018-62: 1. The project site is zoned R-1-8 (Single Family Residential) on the City of Campbell Zoning Map and within the boundaries of the San Tomas Area Neighborhood Plan (STANP). 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 an approximately 10,692 square-foot property located northeast of the intersection of Theresa and West Parr Avenue. 4. The proposed project consists of the construction of an approximately 3,515 square- foot single-story single-family dwelling and the removal of one 13-inch diameter oak tree. 5. The 13-inch oak tree is adjacent to a 12-inch oak tree. Both trees are considered protected trees pursuant to the City's Tree Protection Regulations (CMC21.32). 6. The proposed project will result in a building coverage of 34.1 % and a Floor Area Ratio (FAR) of 32.3%, where a maximum 35% building coverage and .45 floor area ratio are allowed in the R-1-8 Zoning District. 7. The proposed project will provide two covered parking spaces in an attached garage, satisfying the applicable parking requirement. 8. The proposed project will be compatible with the R-1-8 (Single Family Residential) Zone District with approval of a Site and Architectural Review Permit. 9. The project is compatible with the architecture of the adjacent neighborhood in that the project incorporates representative architectural features of homes in the San Planning Commission Resolution No. Page 2 of 3 1572 Theresa Avenue Site & Architectural Review (PLN2018-61) & Tree Removal Permit (PLN2018-62) Tomas Area including the hip and gable roof forms and simple rectangular shaped forms. 10. The proposal is consistent with the City adopted San Tomas Area Neighborhood Plan (STANP). 11. The proposal is consistent with the Considerations in Review of Applications (CMC21.42.040) subject to Site and Architectural Review. 12. 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 the Planning Commission further finds and concludes that: Site and Architectural Review Permit Findings (CMC Section 21.42.020): 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 Tree Removal Permit Findinas (CMC Section 21.32.080): 4. The tree (13-inch oak) is crowding other protected tree(s) (12-inch oak) to the extent that removal is necessary to ensure the long-term viability of adjacent tree(s). Environmental Finding: 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 and per Section 15304 of the California Environmental Quality Act (CEQA) pertaining to minor alterations to private land and vegetation. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Site and Architectural Review Permit (PLN2018-61) to allow the construction of an approximately 3,515 square-foot one-story single-family residence and a Tree Removal Permit (PLN2018-62) to allow the removal of one 13-inch diameter oak tree, subject to the attached Conditions of Approval (attached Exhibit "A"). PASSED AND ADOPTED this 12th day of June, 2018, by the following roll call vote: AYES: Commissioners: Krey, Rivlin, Hernandez, Rich, Ostrowski, and Ching NOES: Commissioners: ABSENT: Commissioners: Dodd Planning Commission Resolution No. 1572 Theresa Avenue Page 3 of 3 Site & Architectural Review (PLN2018-61) & Tree Removal Permit (PLN2018-62) ABSTAIN: Commissioners: APPROVED: ,r~ '~'~"~"~ ~~~~ Michael Rich, Chair A ~ ~~~ TTEST. , Paul Kermoyan, Secretary CONDITIONS OF APPROVAL Site & Architectural Review Permit (PLN2018-61) & Tree Removal Permit (PLN2018-62 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 (PLN2018-61) to allow the construction of an approximately 3,515 square-foot single-story single-family residence and a tree removal permit (PLN2018-62) to allow the removal of one 13-inch diameter oak tree on property located at 1572 Theresa Avenue. The project shall substantially conform to the Project Plans and Color Elevation stamped as received by the Community Development Department on April 16, 2018 and the Color & Material Sheet stamped as received by the Community Development Department on February 20, 2018, 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 approval shall be valid for one year from the date of final approval (expiring June 22, 2019). Within this one-year period, an application for a building permit must be submitted. Failure to meet this deadline or expiration of an issued building permit will result in the Site and Architectural Review Permit being rendered void. 3. Tree Protection: Prior to any work on the property, tree protection measures (e.g. fencing) shall be installed to protect the approximately 12-inch oak tree to remain to the satisfaction of the Community Development Director. The offsite improvements (curb/gutter/sidewalk work) where required shall account for and protect the 12-inch oak tree, making changes to the tree protective measures as required to be responsive to the changing scope of work and construction efforts onsite. 4. 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 Page 2 of 10 1572 Theresa Avenue Site & Architectural Review (PLN2018-61) & Tree Removal Permit (PLN2018-62) 5. Minor Modifications: Minor Modifications to the approved project plans are subject to review and approval by the Community Development Director. Minor modifications may include alterations in floor area of no more than 50 square feet on the first floor (except for PD permits where additional floor area is considered a major modification), alterations to second story windows that are not oriented toward neighboring yards and result in an increase in window area of no more than one square foot and horizontal relocation of no more than one foot from the approved window location, an increase or decrease in building height of less than one foot, and minor alterations to facade material provided that all development standards otherwise applicable are satisfied. All other modifications are subject to review at a public hearing. Any change, even those listed as potentially minor, may be escalated for review at the discretion of the Community Development Director. 6. Plan Revisions: Upon prior approval by the Community Development Director, all Minor Modifications to the approved project plans shall be included in the construction drawings submitted for Building Permit. Any modifications to the Building plan set during construction shall require submittal of a Building Permit Revision and approval by the Building Official prior to Final Inspection. 7. FencesM/alls: 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. 8. Water Efficient Landscape Standards: As a new construction project with a total project landscape area equal to or less than 2,500 square feet, this project is subject to the updated California Model Water Efficient Landscape Ordinance (MWELO) and may comply with the Prescriptive Compliance Option in Appendix D. This document is available at: http://www.citXofcampbell.com/DocumentCenter/View/176 or on the Planning Division's Zoning and Land Use webpage through www.cityofcampbell.com. The building permit application submittal shall demonstrate compliance with the applicable MWELO and landscaping requirements and shall include the following: a. Planting and Irrigation Plans that meet all requirements of the Prescriptive Compliance Option in Appendix D. b. The front yard landscaping shall include a combination of trees, shrubs, and cover spread throughout the yard. c. The site shall be planted with a minimum of four (4) trees d. A completed Landscape Information Form. e. A note on the Cover Sheet in minimum 1/2" high lettering stating "Planning Final Required. The new landscaping indicated on the plans must be installed prior to final inspection. Changes to the landscaping plan require Planning approval." Exhibit A -Conditions of Approval Page 3 of 10 1572 Theresa Avenue Site & Architectural Review (PLN2018-61) & Tree Removal Permit (PLN2018-62) 9. 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. 10. 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. 11. 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: 12. Permits Required A building permit application shall be required for the proposed new dwelling structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 13. Plan Preparation: Portions of this project require 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 1572 Theresa Avenue Page 4 of 10 Site & Architectural Review (PLN2018-61) & Tree Removal Permit (PLN2018-62 14. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 15. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 16. 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. 17. 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. 18. 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 19. 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. 20. Non-Point Source Pollution Control: 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. 21.Approvals Required: The project requires the following agency approval or consultation 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. School District: Exhibit A -Conditions of Approval 1572 Theresa Avenue Page 5 of 10 Site & Architectural Review (PLN2018-61) & Tree Removal Permit (PLN2018-62 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) e. Demolition Permit (Bay Area Air Quality District) (415) 749-5000 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. 22. 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. 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. 23. California Green Building Code: This project is subject to the mandatory requirements for new residential structures (Chapter 4) under the California Green Building Code, 2016 edition. 24. 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. 25. 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. 26.Automatic Fire Sprinkler Systems: This project shall comply with Section R313 of the California Residential building Code 2016 edition, and be equipped with a complying Fire Sprinkler system. 27. 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. 28. Demolition Permit: This project requires a demolition permit. PUBLIC WORKS DEPARTMENT 29. The scope of this project triggers the requirement for Frontage Improvements as required by Campbell Municipal Code 11.24.040. Per the San Tomas Area Exhibit A -Conditions of Approval 1572 Theresa Avenue Page 6 of 10 Site & Architectural Review (PLN2018-61) & Tree Removal Permit (PLN2018-62) Neighborhood Plan, Theresa Avenue has been designated to remain unimproved however, W. Parr Avenue has been designated to be improved with full curb, gutter park strip and sidewalk and ADA ramp and as such the applicant will be required to construct full public improvements. The applicant will be required to apply for an Encroachment permit to construct frontage improvements as listed below. 30. Construction Drawings: The applicant shall submit the required Off-Street Improvement Plans, Plans directly to the Public Works Department prior to, or concurrent with the Building permit application. Said application shall include the following: a. Response Letter: Upon submittal of the required plans, the applicant shall provide an itemized response letter verifying that all the Public Works Conditions of Approval have been met or addressed. b. Submittal Requirements: The checklist for the various plans required for submittal can be found on the City's Website at City Services-Public Works-Engineering-Land Development-Documents, (or use this link: http://www.cityofcampbell.com/206/Documents). See instructions on: i. Checklist for Street Improvement Plans 31. Vacation of Public Street and Easements: Prior to issuance of any grading or building permits for the site, the applicant shall fully complete the street vacation process. The applicant shall submit a vacation of excess right-of-way 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 street vacation. 32. Preliminary Title Report: Prior to issuance of any grading or building permits for the site, the applicant shall provide a current (within the past 6 months) Preliminary Title Report. 33. 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 $528.00. 34. 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 Exhibit A -Conditions of Approval Page 7 of 10 1572 Theresa Avenue Site & Architectural Review (PLN2018-61) & Tree Removal Permit (PLN2018-62) (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. 35. 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. Utility locations shall not cause damage to any existing street trees. Where there are utility conflicts due to established tree roots or where a new tree will be installed, alternate locations for utilities shall be explored. Include utility trench details where necessary. 36. 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. 37. 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. 38. 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. Theresa Drive and W Parr Avenue have 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. 39. 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: W. Parr Avenue: c. Show location of all existing utilities within the new and existing public right of way. Exhibit A -Conditions of Approval 1572 Theresa Avenue Site & Architectural Review (PLN2018-61) & Page 8 of 10 Tree Removal Permit (PLN2018-62 d. 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. e. Removal of existing street section to centerline, as required by the City Engineer f. Installation of City approved street trees at 30 feet on center in the park strip. g. Installation of City standard vertical curb, gutter, 5ft sidewalk, 4.5ft park strip and ADA ramp at W. Parr Ave and Theresa Ave. h. Installation of engineered structural pavement section to centerline, as required by the City Engineer. Installation of asphalt concrete overlay per street pavement restoration plan for utility installation and/or abandonment, as required by the City Engineer. Installation of traffic control, stripes and signs. k. Construction of conforms to existing public and private improvements, as necessary. Submit final CAD plans in a digital format acceptable to the City. 40. Street Improvements Completed for Occupancy and Building Permit Final: Prior to allowing occupancy and/or final building permit signoff for any and/or all buildings, the applicant shall have the required street improvements and pavement restoration installed and accepted by the City, and the design engineer shall submit as-built drawings to the City. 41. 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. 42.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. FIRE DEPARTMENT 43. Limited Review: Review of this development proposal is limited to acceptability of site access, water supply and may include specific additional requirements 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. Exhibit A -Conditions of Approval 1572 Theresa Avenue Page 9 of 10 Site & Architectural Review (PLN2018-61) & Tree Removal Permit (PLN2018-62) 44. 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: A one- time addition to an existing building that does not total more than 1,000 square feet of building area. 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 this department for review and approval prior to beginning their work. CRC Sec. 313.2 as adopted and amended by CMC. 45. 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 supplying the site of such project, and to comply with the requirements of that 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 appliance 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). 2010 CFC Sec. 903.3.5 and Health and Safety Code 13114.7 46. 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 provided in additional approved locations to facilitate emergency response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). 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 47. No Violation: This review shall not be construed to be an approval of a violation of the provisions of the California Fire Code or of other laws or regulations of the jurisdiction. A permit presuming to give authority to violate or cancel the provisions of the Fire Code or other such laws or regulations shall not be valid. Any addition to or alteration of approved construction documents shall be approved in advance. [CFC, Ch.1, 105.3.6]' Exhibit A -Conditions of Approval Page 10 of 10 1572 Theresa Avenue Site & Architectural Review (PLN2018-61) & Tree Removal Permit (PLN2018-62) 48. Construction Site Fire Safety: All construction sites must comply with applicable provisions of the CFC Chapter 33 and our Standard Detail and Specification SI-7. Provide appropriate notations on subsequent plan submittals, as appropriate to the project. CFC Chp. 33