CC Resolution 12422RESOLUTION NO. 12422
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING A PLANNED DEVELOPMENT PERMIT
(PLN2018-220) TO ALLOW CONSTRUCTION OF TWO SINGLE-
FAMILY HOMES WITH AN EXCEPTION TO THE ACCESS
REQUIREMENT ON PROPERTY LOCATED AT 1806 WHITE OAKS
ROAD.
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 City Council finds as follows with regard to the approval of a Planned Development
Permit. (PLN2018-220):
1. The proposed project ("project") includes a Tentative Parcel Map (PLN2018-218) to
create two single-family lots; a Zoning Map Amendment (PLN2018-219) to rezone the
project site from R-1-6 (Single -Family Residential) to P-D (Planned Development); and
a Planned Development Permit (PLN2018-220) to allow construction of two single-
family homes with an exception to the access requirement.
2. The project site consists of a single parcel (18,634 sq. ft. net and gross) located on the
east side of White Oaks Road between Shelley Avenue and White Oaks Court.
3. The property is currently developed with one single-family residence and several
accessory structures that will be demolished as part of the proposed project.
4. Abutting land uses include single-family homes to the north, south, and west, and an
apartment community to the east.
5. The proposed subdivision will require a 30-foot dedication along White Oaks Road,
which will reduce the net lot area of the property from 18,634 square feet to 16,369
square feet.
6. The project site is zoned R-1-6 (Single -Family Residential) as shown on the Campbell
Zoning Map and will be rezoned to P-D (Planned Development).
7. The project site is designated Low Density Residential (Less than 6 Units / Gr. Acre)
as shown on the Campbell General Plan Map.
8. The proposed residential land use, at a density of 4.6 units/gr. acre, is consistent with
the allowable land use and maximum density permitted by the Low Density Residential
General Plan land use designation.
9. The proposed Tentative Parcel Map (PLN2018-218) may be approved concurrently,
and subject to a Planned Development Permit (PLN2018-220) and Zoning Map
Amendment (PLN2018-219).
10. The project would be consistent with the following General Plan policies and
strategies:
City Council Resolution No. 12422
PLN2018-220 -1806 White Oaks Road - Approving a Planned Development Permit
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Policy LUT-3.1: Variety of Residential Densities: Provide land use categories for
and maintenance of a variety of residential densities to offer
existing and future residents of all income levels, age groups
and special needs sufficient opportunities and choices for
locating in Campbell.
Policy LUT-5.2: Residential Neighborhoods: Maintain safe, attractive, pedestrian
friendly residential neighborhoods with identifiable centers and
consistent development patterns and a range of public and
private services.
Strategy LUT-5.2a: Neighborhood Compatibility: Promote new residential
development and substantial additions that are designed to
maintain and support the existing character and development
pattern of the surrounding neighborhood, especially in historic
neighborhoods and neighborhoods with consistent design
characteristics.
11. The project proposes two (2) two-story single-family homes in a flag lot configuration.
12. The project requires a Planned Development Permit to allow an exception to the
access requirement for the rear lot for a 14-foot wide access way where 15 feet is
required.
13. The project would result in the creation of a 6,366 square -foot front lot and an 8,544
square -foot rear lot (exclusive of the 1,459 access way) that conform to the minimum
lot size and minimum lot width of the R-1-6 zoning district.
14. The lot is less than one inch too narrow to allow a subdivision in compliance with both
the minimum 60-foot lot width and minimum 15-foot wide access way required as an
R-1-6 property.
15. The access exception to allow the subdivision is a minor deviation from what would
otherwise be a routine subdivision.
16. There are two existing R-1-6 flag lots along the east side of White Oaks Road.
17. In, the R-1-6 zoning district, the maximum floor area ratio is 45%, the maximum lot
coverage is 40%, and the maximum building height is 35 feet.
18. For the project's front lot, the floor area ratio is 45%, the lot coverage is 32%, and the
building height is 28 feet.
19. For the project's rear lot, the floor area ratio is 45% exclusive of the access way, the lot
coverage is 36% exclusive of the access way, and the building height is 30 feet.
City Council Resolution No.
PLN2018-220 -1806 White Oaks Road - Approving a Planned Development Permit
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20. The project's layout of the front and rear homes meet or exceed the setback standards
of the R-1-6 zoning district.
21. The homes are consistent with the City's Design Guidelines for Single -Family Homes.
22. In, review of the proposed project, the City Council 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;
23. The City Council 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;
24. The City Council further considered the proposed project's architectural and site
layout, including the general silhouette and 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.
Based upon the foregoing findings of fact, the City Council further finds and concludes that:
1. The proposed development will clearly result in a more desirable environment and use
of the land than would be possible under any other zoning district classification.
2. The proposed development will be compatible with the General Plan of the City 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 will not be detrimental to the health, safety or welfare of the
neighborhood or the City as a whole.
5. There is a reasonable relationship and a rough proportionality between the Conditions of
Approval and the impacts of the project.
City Council Resolution. No.
PLN2018-220 -1806 White Oaks Road - Approving a Planned Development Permit
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6. There is a reasonable relationship between the use of the fees imposed upon the project
and the type of development project.
7. The project is exempt from review under the California Environmental Quality Act as
there is no possibility for the project to have a significant effect on the environment under
CEQA Section 15061.b.3 and pursuant to Section 15315, Class 15, pertaining to the
division of property in urbanized areas into four or fewer parcels.
THEREFORE, BE IT RESOLVED that the City Council approves a Planned Development
Permit (PLN2018-220) for the Project located at 1806 White Oaks Road, subject to the
attached Conditions of Approval (attached Exhibit "A").
PASSED AND ADOPTED this 2nd day of April, 2019, by the following roll call vote:
AYES: COUNCILMEMBERS: Resnikoff, Bybee, Gibbons, Landry, Waterman
NOES: COUNCILMEMBERS:None
ABSTAINED: COUNCI LMEMBERS: None
ABSENT: COUNCI LMEMBERS: None
APPROVED:
Rich XrdM.aterman, Mayor
ATTEST: J)a4'6a'J
Wendy Vood, City Clerk
EXHIBIT A
CONDITIONS OF APPROVAL
Planned Development Permit (PLN2018-220)
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 (PLN2018-
220) to allow construction of two single-family homes with an exception to the access
requirement, in conjunction with and subject to a Zoning Map Amendment (PLN2018-
219) to rezone the project site from R-1-6 (Single -Family Residential) to P-D (Planned
Development) and Tentative Parcel Map (PLN2018-218) to create two single-family lots,
on property located at 1806 White Oaks Road. The project shall substantially conform
to the project plans dated February 19, 2019 except as may be modified by the
Conditions of Approval herein.
2. Permit Expiration: The Planned Development Permit is valid for a period of two years
from the date of final City Council approval. A building permit must be obtained within
this two-year period or the Planned Development Permit shall be void.
3. Parcel Map: The Planned Development Permit approval is contingent upon recordation
of the Parcel Map to divide the subject property. The Parcel Map shall be recorded prior
to the issuance of building or grading permits.
4. Future Development: All future development shall comply with the R-1-6 (Single -Family
Residential) Zoning District development standards:
Zoning Map Symbol
Minimum Parcel Area:
Square Feet/Net Acre
Minimum Lot
Width: Feet
R-1-6
6,000
60
Development Feature
R-1
Minimum public
25 feet/15 feet for flag lots
frontage
Makimum allowable
Low Density Residential, Less than 6 d.u./gross acre
densit
750 square feet per dwelling unit. The area shall be in addition to the required
front setback between the structure and any street property line. The recreational
Private open space
area may be occupied by facilities such as a swimming pool, playground
required
equipment, and a patio, porch, or deck provided it is open on at least two sides
and not covered by a roof or canopy. No dimension of an area to be counted as
open sace shall be less than 10 feet.
Setbacks required
Front 20 ft.
Exhibit A - Conditions of Approval
PLN2018-220 — 1806 White Oaks Road - Planned Development Permit
Page 2 of 8
A minimum of five feet or one-half the height of the building wall adjacent to the
Side (each)
side property line (whichever is greater). The planning commission may allow a
minimum side setback of five feet for structures proposed for a second story
addition, when it finds:
a. The side setback would not be detrimental to the health, safety, peace,
comfort or general welfare of persons in the neighborhood, or the city as a whole;
and
b. The side setback would not unreasonably interfere with the ability of adjoining
property owners to enjoy access to air, privacy, sunlight, and the quiet enjoyment
of the owner's property.
Street side
12 ft.
Rear
A minimum of five feet or one-half the height of the building wall adjacent to the
side property line (whichever is greater).
Vehicular access
25 feet to any public right-of-way.
Maximum floor area
0.45
ratio
The planning commission may approve an F.A.R. of up to 0.50 with approval of a
site and architectural review permit when it makes both of the following findings:
a. The perceived scale and mass of the home is compatible with the adjacent
homes and the homes in the surrounding area.
b. The home minimizes the use of design features that make it appear
significantly larger than the adjacent homes and the homes in the surrounding
area.
Maximum lot coverage
40%
Main structure
35 ft./2'/z stories
maximum height
Distance between non -
accessory structures on
The distance equal to building wall height of the taller of the two structures.
the same lot
Accessory structures
See Section 21.36.020(Accessory structures
Fences, walls, lattice
See Section 21.18.060 (Fences, walls, lattice and screens)
and screens
Motor vehicle parking
See Chapter 21.28 (Parking and Loading)
5. Indemnity: If determined necessary by the Community Development Director, the
applicant shall enter into an agreement satisfactory to the City Attorney to indemnify and
defend the City of Campbell, its officers, officials, employees, and agents from any and
all actions, liabilities, losses, and torts, including attorney's fees arising out of or
connected unto any challenge to the decision of the City Council on this application.
Such agreement shall be executed within the 30 days of the Community Development
Director's decision to require it.
6. Rouqh Framing and Planning Final Inspections Required: Planning Division clearance is
required prior to Rough Framing inspection and 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.
7. 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 (except
Exhibit A - Conditions of Approval
PLN2018-220 —1806 White Oaks Road - Planned Development Permit
Page 3 of 8
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, and minor
alterations to fagade material.
8. 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.
9. Water Efficient Landscape Standards: As a new construction project with a total
project landscape area greater than 2,500 square feet, this project is subject to the
updated California Model Water Efficient Landscape Ordinance (MWELO). This
document is available at: http://www.citvofcampbell.com/DocumentCenterNiew/176 or
on the Planning Division's Zoning and Land Use webpage through
www.citvofcampbell.com. The building permit application submittal shall demonstrate
compliance with the applicable MWELO and landscaping requirements and shall include
the following:
a. A Landscape Documentation Package prepared by an authorized and licensed
professional demonstrating compliance with the full MWELO requirements with
the following required elements: .
1) Project Information per Section 492.3.
2) Water Efficient Landscape Worksheet per Section 492.4 (Appendix B of
the MWELO).
i. Include the worksheet within the plan set AND
ii. Provide a separate 8.5x11 hard copy or pdf via email to the project
planner.
3) Soil Management Report per Section 492.5 (unless significant mass
grading is planned, in which case the report shall be submitted prior to
permit final).
4) Landscape Design Plan per Section 492.6.
5) Irrigation Design Plan per Section 492.7.
6) Grading Design Plan per Section 492.8.
Note that a Soil Management. Report (if not submitted as part of the
Landscape Documentation Package) and Certificate of Completion will be
required prior to permit final.
b. A completed Landscape Information Form.
Exhibit A - Conditions of Approval
PLN2018-220 — 1806 White Oaks Road - Planned Development Permit
Page 4 of 8
c.. 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."
10. Landscaping: Landscape areas shall consist of a mix of plants including natural turf,
ornamental grasses, groundcovers, shrubs, and trees and/or synthetic turf throughout
and shall be provided with permanent irrigation, in compliance with the Water Efficient
Landscape Standards and Campbell Municipal Code.
11. 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 for historic appropriateness and compliance with the
Campbell Lighting Design Standards (CIVIC Sec. 21.18.090).
12. Fences/Walls: Any newly proposed fencing and/or walls shall comply with Section
21.18.060 of the Campbell Municipal Code and shall be submitted for review and
approval by the Community Development Department.
13. Utility Boxes and Back -Flow Preventers: The applicant shall submit a plan prior to
installation of the underground PG&E utility (transformer) boxes and San Jose Water
Company back -flow preventers, indicating the location and color/material of the boxes
for approval by the Community Development Director.
14. Pad Certification: Following site grading and prior to preparation of individual building
pad forms, the following improvements shall be certified by a licensed land surveyor and
reviewed by the Community Development Director to determine consistency with the
approved plan (grade, pad and drainage).
15. Residential Address Identification: The applicant shall submit a detail sheet showing
uniform residential address identification material type and location on the building wall
for review and approval by the Community Development prior to the issuance of Building
Permits. In order to obtain approval, numbers or addresses shall be placed on all new
and existing buildings in such a position as to be plainly visible and legible from the
street or road fronting the property. Additionally, number material and color is required
to contrast with their background.
16. Property Maintenance: The property is to be maintained free of any combustible trash,
debris, and weeds until the time that actual construction commences. Any vacant
existing structures shall be secured, by having windows boarded up and doors sealed
shut, or be demolished or removed from the property (California .Fire .Code, 2013
Edition).
17. Contractor Contact Information Posting: The project site shall be posted with the name
and contact number of the lead contractor in a location visible from the public street prior
to the issuance of building permits.
Exhibit A - Conditions of Approval
PLN2018-220 —1806 White Oaks Road - Planned Development Permit
Page 5 of 8
18. 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
19. Permits Required: A building permit application shall be required for the proposed Sub-
division of new dwelling structures. Each dwelling shall require a building permit. The
building permit shall include Electrical/Plumbing/Mechanical fees when such work is part
of the permit.
20. 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.
21. Construction Plans: The conditions of Approval shall be stated in full on the cover sheet
of construction plans submitted for building permit.
22. Size of Plans: The minimum size of construction plans submitted for building permits
shall be 24 in. X 36 in.
23. 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.
24. 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.
25. 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.
Exhibit A - Conditions of Approval
PLN2018-220 —1806 White Oaks Road - Planned Development Permit
Page 6 of 8
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
26. 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.
27. 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.
28. 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:
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.
e. Bay Area Air Quality District (415) 749-4900 (Demolitions)
29. P.G:& E.: Applicant is advised that Secondary Dwelling Units on Residential lots are not
able to have separate electrical and gas service. Gas and Electric service must be
provided from the services associated with the main residential structure.
Exhibit A - Conditions of Approval
PLN2018-220 —1806 White Oaks Road - Planned Development Permit
Page 7 of 8
30. 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 .
31. 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.
32. 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.
33. 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.
34. 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.
35. Demolition Permit: Please obtain a Demolition Permit for existing structures on site
that are proposed to be demolished. Applications for Demolition can be obtained at the
Building Division Counter.
Fire Department
36. Limited Review: Review 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.
37. Fire Sprinklers Required: Approved automatic sprinkler systems in new and existing
buildings and structures shall be provided in the locations described in this Section or in
Sections 903.2.1 through 903.2.18 whichever is more restrictive. For the purposes of this
section, firewalls used to separate building areas shall be constructed in accordance
with'the California Building Code and shall be without openings or penetrations. 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. CFC Sec. 903.2 as adopted and amended by CBLMC.
38. Fire. Apparatus (Engine) Access Driveway Required: Provide an access driveway with a
paved all weather surface, a minimum unobstructed width of 12 feet paved surface,
vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 42 feet
Exhibit A - Conditions of Approval
PLN2018-220 —1806 White Oaks Road - Planned Development Permit
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outside and 23 feet inside, and a maximum slope of 15%. Installations shall conform to
Fire Department Standard Details and Specifications sheet D-1. The plans shall
identify the driveway to lot to as 12' wide.
39. Construction Site Fire Safety: All construction sites must comply with applicable
provisions of CFC Chapter 33 and our Standard Detail and Specifications SI-7. Provide
appropriate notations on subsequent plan submittals, as appropriate to the project. CFC
Chp. 33.
40. Address Identification: New and existing buildings shall have approved address
numbers, building numbers of 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 .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 signs or means shall be used to
identify the structure. Address numbers shall be maintained. CFC Sec. 505.1.
41. Violation of Fire Code: This review shall not be construed to be an approval of a
violation of the provisions of the California Fire Code or 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.