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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.