PC Res 4484RESOLUTION NO. 4484
BEING A RESOLUTION OF THE' PLANNING COMMISSION
OF THE CITY OF CAMPBELL APPROVING A SITE AND
ARCHITECTURAL REVIEW PERMIT TO ALLOW THE
CONSTRUCTION OF A NEW TWO-STORY HOME AND TREE
REMOVAL PERMIT TO REMOVE THREE PROTECTED
TREES ON PROPERTY LOCATED AT 1384 Munro Avenue.
FILE NO.: PLN2018-198
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 PLN2018-198:
1. The project site is located on Munro Avenue, north of Hacienda Avenue and west
of South San Tomas Aquino Road.
2. The project site is zoned R-1-9 (Single Family Residential) on the City of Campbell
Zoning Map and within the boundaries of the San Tomas Area Neighborhood Plan.
3. The project site is designated Low Density Residential (<4.5 units/gr. acre) on the
City of Campbell General Plan Land Use diagram.
4. The project site is an approximately 12,097 square -foot lot (net).
5. The proposed project will be compatible with the R-1-9 (Single Family Residential)
Zone District with approval of a Site and Architectural Review Permit.
6. The project architecture is compatible with the neighborhood in that the project
incorporates representative architectural features of homes in the San Tomas Area
including wood siding exterior, hipped and gabled roof, and a neutral color palette.
7. An Arborist Report was prepared for the applicant by Kielty Arborist Services LLC;
dated July 12, 2018 ("Arborist Report"). The Arborist Report included a tree
assessment which evaluated each tree's species, size, health, and condition. An
addendum to the Report, dated January 17, 2019 acknowledges the change to a
slab foundation, noting that there is no further impact from the slab foundation.
8. There are four (4) protected trees located on the property, including an 18.9" (dbh)
mulberry tree, a 27.6" (dbh) black acacia tree, a 20.8" (dbh) Deodar cedar tree,
and an 18.5" (dbh) Valley oak tree.
9. The applicant will retain the healthy oak tree in the rear yard.
10. The Arborist is recommending removal of three (3) protected trees: the mulberry
tree which is showing signs of root rot and decay and may be prone to failure due
to the lack of maintenance over the past few years; the black acacia tree which is
highly invasive and has recently lost two large limbs which may be an indicator of
continued decline; and the Deodar cedar tree which is in poor condition and has
Planning Commission Resolution No. 4484 Page 2 of 2
PLN2018-198; 1384 Munro Ave — Site and Architectural Review / Tree Removal Permit
been topped in the past at 20 feet, likely causing the three new leaders that are
showing signs of included bark which can weaken the tree overtime.
11. Removal of trees greater than 12-inches in diameter requires a Tree Removal
Permit under the City's Tree Protection requirements (CMC 21.32).
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:
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. Removal of the mulberry tree, black acacia tree, and Deodar cedar tree complies
with the City's tree protection regulations in that all three trees are in declining
health; thus meeting the criteria for removal of diseased or dying trees.
5. Staff recommends that the Planning Commission find that this project is
Categorically Exempt under Section 15303, Class 3 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 (PLN2018-198) to allow the construction of a new two-story
single family residence and removal of three (3) protected trees on property located at
1384 Munro Ave, subject to the attached Conditions of Approval (attachedExhibit "A").
PASSED AND ADOPTED this 12th day of March, 2019, by the following roll call -vote:
AYES:
Commissioners:
NOES:
Commissioners:
ABSENT:
Commissioners
ABSTAIN:
Commissioners:
ATTEST:
Ching, Hernandez, Hines, Ostrowski, Rich, and Rivlin
Krey
APPROVED:
Jo le Hernandez, Chair
oyan, Secretary
EXHIBIT A
CONDITIONS OF APPROVAL
Site and Architectural Review Permit (PLN2018-198)
1384 Munro Avenue
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 DEPA
Planning Division
1. Approved Project: Approval is grans
and Tree Removal Permit (PLN201
story single family residence and re
located at 1384 Munro Avenue. l
Revised Project Plans stamped as i
15, 2019, except as may be modifie
ENT
d for a Site and Architectural Review Permit
.198) to allow the construction of a new two -
oval of three (3) protected trees on property
e project shall substantially conform to the
ceived by the Planning Division on February
by the Conditions of Approval herein.
Pursuant to the Planning Commission's direction, the gable roof over the garage
shall be constructed with a design element that helps break up the verticality of
the gable wall.
2. Permit Expiration: The Site and Architectural Review Permit and Tree Removal
Permit approval shall be valid for one year from the date of final approval
(expiring March 22, 2020). 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 and Tree Removal Permit (PLN2018-198)
being rendered void.
3. Minor Modifications: Minor Modifications to the approved project plans are
subject to 'review and approval by the Community Development Director. Minor
modifications include alterations in floor area of no more than 50 square feet on
the first floor, alterations to second story windows that are not oriented toward
adjacent yards and result in an increase in window area of no more than one
square foot and relocation of no more than one foot from the approved window
location, minor alterations to fagade material, or similar alterations that are minor
in nature as determined by the Community Development Director. Major
Modifications to approved plans, as determined by the Community Development
Director, are subject to review at a public hearing (e.g., height, foundation type).
4. Rough Faming/Planning Final Required: Planning Division clearance is required
prior to. Rough Framing inspection and Building Permit final. Construction not in
Exhibit A - Conditions of Approval — 1384 Munro Avenue (PLN2018-198) Page 2 of 6
substantial compliance with the approved project plans shall not be approved
without prior authorization of the necessary approving body.
5. Landscape Plan: The applicant shall submit a final landscape plan that is
consistent with the approved site plan, prior to issuance of a building permit,
illustrating compliance with the City's Water Efficient Landscape Requirements
and the San Tomas Area Neighborhood Plan which requires a minimum of seven
(7) trees on the subject property. The Final Landscape Plan shall be approved by
the Community Development Director.
6. Grading Plan: Any changes to the proposed slab foundation illustrated on the
grading plan are subject to review and approval by the Planning Commission.
7. Tree Protection: The Valley oak tree identified on the project plans shall be
protected in accordance with the Arborist Report, prepared by Kielty Arborist
Services LLC, dated July 12, 2018 and the City's Standards for Tree Protection
During Construction. Any conflicts between these the City's standards and the
Arborist recommendations shall be brought to the project planner's attention and
approved by the Community Development Director.
8. Tree Protection Plan: The plans submitted for a building permit shall include a
Tree Protection Plan (TPP) that illustrates tree protection measures during
construction, including but not limited to grading. The TPP shall comply with the
Arborist Report dated July 12th 2018 and the City's Standards for Tree
Protection During Construction.
9. Tree Replacement: Pursuant to CMC 21.32.100, the Landscape Plan shall
include at least one (1) 36-inch box tree and two (2 24-inch box trees somewhere
on the subject property. Replacement species may not include fruit trees or
Eucalyptus trees. The replacement tree shall be planted within 30 days of the
effective date of this approval, unless accepted arboricultural practices dictate a
preferential planting period for the species chosen as the replacement tree.
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 muffled and maintained in good working condition.
d) Unnecessary idling of internal combustion engines shall be strictly prohibited.
Exhibit A - Conditions of Approval — 1384 Munro Avenue (PLN2018-198) Page 3 of 6
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
work. 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.
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.
17. 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.0 Chapter 1, Section 106. Please obtain City of
Campbell, Special Inspection forms from the Building Inspection Division Counter.
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:
continued next page
Exhibit A - Conditions of Approval — 1384 Munro Avenue (PLN2018-198) Page 4 of 6
i) pad elevation
ii) finish floor elevation (first floor)
iii) foundation corner locations
19. 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.
20. Approvals Required: The project requires the following agency approval prior to
issuance of the building permit:
o West Valley Sanitation District (378-2407)
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:
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.
21. P.G.& E.: Applicant is advised to contact P.G.E. 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.E. concerning utility
easements, distribution pole locations and required conductor clearances.
22. Construction Hours/Fines/Stop Work Notice: Failure to comply with permitted
working hours that result in verified complaints may result in the issuance of a Stop
Work Notice issued to the project with cessation of work for a minimum of seven
(7) days from the date of issuance and an Administrative fine of up to $1,000.00.
23. Construction Fencinq: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.
continued next page
Exhibit A - Conditions of Approval — 1384 Munro Avenue (PLN2018-198) Page 5 of 6
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. 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.
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.
27. Demolition Permit: A Demolition permit shall be obtained for all structures to be removed
on the site, prior to issuance of the building permit.
Public Works Department
28. Vacation of Public Easement: Per the applicant's Title Report, the property is encumbered
with an old County Light and Air easement that is shown on Tract Map No. 117 as a 25
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.
29. Right -of -Way for Public Street Purposes: Prior to issuance of any grading or building
permits for the site, the applicant shall fully complete the process to cause a 25-ft right-of-
way to be granted in fee for public street purposes along the Munro Avenue frontage to
accommodate a 25-ft half street, unless otherwise approved by the City Engineer. The
applicant shall submit the necessary documents for approval by the City Engineer, process
the submittal with City staff s comments and fully complete the right-of-way process. 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.
30. 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 $589.00.
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
Exhibit A - Conditions of Approval — 1384 Munro Avenue (PLN2018-198) Page 6 of 6
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.
32. 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.
33. 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.
34. 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.
35. 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. Munro 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.
36. 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.
37. 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.