PC Res 3620
RESOLUTION NO. 3620
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL GRANTING A SITE AND ARCHITECTURAL
REVIEW PERMIT (PLN2004-l23) TO ALLOW THE CONSTRUCTION
OF A NEW SINGLE-FAMILY RESIDENCE AND SECONDARY LNING
UNIT ON PROPERTY OWNED BY MS. FERIAL HANNA LOCATED AT
1400 ABBOTT AVENUE IN AN R-l-I0 (SINGLE FAMILY
RESIDENTIAL) ZONING DISTRICT. APPLICATION OF MR. FRANK
GARCIA, CAMARGO & ASSOCITES, INC., ON BEHALF OF MS.
FERIAL HANNA. FILE NO. PLN2004-l23.
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the Planning Commission did find as follows
with respect to application PLN2004-123:
1
The density of the proposed project site is 2.6 per gross acre which is consistent with the
General Plan land use designation of Low Density Residential (less than 3.5 units per gross
acre. )
2. The proposed project is consistent with the R-l-lO (Single-Family Residential, 10,000 square
foot minimum lot size) Zoning District and meets the minimum setbacks, height restriction,
building coverage, floor area ratio, and parking requirements of the R-l-lO Zoning District.
3. The project is consistent with the development standards and design guidelines of the San
Tomas Area Neighborhood Plan.
4. The project consists of a 5,553 square foot residence (including a 3,818 first floor, an
attached 540 square foot garage, a 1,195 square foot basement) and a detached 595 square
foot secondary living with a building coverage of 34% and Floor Area Ratio of 34%. An
eight-foot setback is provided from the northern side property line and a ten-foot setback is
provided from the southern side property line. A twenty-five foot setback is provided from
the front property line and a forty-five foot setback from the rear property line.
5. The project provides two covered and two uncovered parking spaces for the two units thus
satisfying the parking requirements of two spaces per unit.
6. The proposed project is well designed and is architecturally compatible with the surrounding
neighborhood.
7. The proposed new residences incorporate representative architectural features of homes in
the San Tomas Neighborhood including hipped forms, a two-car garage, tile roofing, and
stucco siding.
Planning Commission Resolution No. 3620
PLN2004-l23 -1400 Abbott Avenue-New Single-Family Residence and Secondary Living Unit
Page 2
8. The proposed project is surrounded by single-family residential uses to the north, south, east
and a park to the west.
9. The project qualifies as Categorically Exempt under Section 15303, Class 3 of the California
Environmental Quality Act (CEQA) pertaining to the construction of two single-family
residences in an urbanized area.
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The proposed project is consistent with the General Plan and Zoning Ordinance.
2. The proposed project, as conditioned, will aid in the harmonious development of the
immediate area.
3. No substantial evidence has been presented from which a reasonable argument could be
made that shows that the project, as currently presented and subject to the required
Conditions of Approval, will have a significant adverse impact on the environment.
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 between the use of the fees imposed upon the project and
the type of development project.
6. There is a reasonable relationship and a rough proportionality between the Conditions of
Approval and the impacts of the project. The proposed project is surrounded by single-family
residential uses to the north, south, east and a park to the west.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves a Site and
Architectural Review Permit (PLN2004-l23) to allow the construction of a new single-family
residence and secondary living unit on property owned by Ms. Ferial Hanna located at 1400
Abbott Avenue in an R-l-lO (Single Family Residential) Zoning District, subject to the
following conditions:
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.
Planning Commission Resolution No. 3620
PLN2004-l23 -1400 Abbott Avenue-New Single-Family Residence and Secondary Living Unit
Page 3
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division:
1. Project Approval: Approval is granted for a Site and Architectural Review Permit (PLN2004-
123) allowing the construction of a new single-family residence and secondary living unit on
property located at 1400 Abbott Avenue. The project shall substantially conform to the
project exhibits listed below; except as may be modified by the conditions of approval
contained herein.
a.
Project plans prepared by Carmargo & Associates, Architects dated August 25, 2004 and
November 2004 received by the Planning Division on November 11, 2004, including a
site plan, floor plans, roof plan, street improvement plan and elevations.
Color/material board received by the Planning Division on November 2004.
b.
2. Approval Expiration: The Site and Architectural Review Permit approval shall be valid for a
period of one year from the date of final approval. Within this one-year period, a building
permit must be obtained and construction completed one year thereafter or the Site and
Architectural Review Permit shall be void.
3. Park In-Lieu Fee: The applicant shall pay all remaining park in-lieu fees associated with the
development of the property. A Park Impact Fee of $10,990 for the single family residence
and of $5,635 for the secondary living unit prior to the issuance of a Certificate of Building
Occupancy. Credit of previous payments associated with the recordation of the Parcel Map
will be applied.
4. Easements: The applicant shall demonstrate that there are no easements prohibiting the use of
the property as shown on the approved site plan to the satisfaction of the Community
Development Director, prior to the issuance of building permits.
5. Landscaping: The applicant shall submit a landscape plan to the Planning Division, prior to
the issuance of building permits, which shows the required one (1) tree per 2,000 square feet
of net lot area of the subject property. Existing trees within the net lot area of the subject
property may be included in the total. All new trees shall be planted within the net lot area
and shall be planted prior to issuance of a Certificate of Occupancy.
6. 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 (Section 11.201 and 11.414, 1985 Ed. Uniform
Fire Code.)
Planning Commission Resolution No. 3620
PLN2004-l23 -1400 Abbott Avenue-New Single-Family Residence and Secondary Living Unit
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7. Parking and Driveways: All parking and driveway areas shall be developed in compliance
with the approved plans and Chapter 21.28 (Parking and Loading) of the Campbell
Municipal Code.
8. Fences: Any existing or new fencing shall comply with Section 21.18.060 of the Campbell
Municipal Code. Fencing along the property lines shall be replaced with a new fence at the
expense of the applicant, unless it is determined to be in good condition by the Community
Development Director.
9. Construction Hours: Construction activities shall be limited to the hours of 8:00 a.m. to 5:00
p.m. weekdays and 9:00 a.m. to 4:00 p.m. Saturdays. Construction is prohibited on Sundays
and Holidays unless an exception is granted by the Building Official.
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.
Building Division:
11. Permits Required: A building permit application shall be required for each proposed new
structure. The building permit shall include ElectricallPlumbing/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 size of construction plans submitted for building permits shall be 24
inches X 36 inches.
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. 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
Planning Commission Resolution No. 3620
PLN2004-l23 -1400 Abbott Avenue-New Single-Family Residence and Secondary Living Unit
Page 5
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.
b.
c.
pad elevation
finish floor elevation (first floor)
foundation corner locations
18. Title 24 Energy Compliance: California Title 24 Energy Compliance forms CF-lR and MF-
lR shall be blue-lined on the construction plans. 8W' X 11" calculations shall be submitted
as well.
19. Special Inspections: When a special inspection is required by UB.C. Section 1701, 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 UB.C. Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from
the Building Inspection Division Counter.
20. Pollution Prevention: 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 prior to issuance of
the building permit:
a.
b.
c.
d.
West Valley Sanitation District (378-2407)
Santa Clara County Fire Department (378-4010)
Bay Area Air Quality Management District (Demolitions Only)
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.
22. P.G.&E.: The applicant is advised to contact P.G.&E. 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. The applicant should also
consult with P.G.&E. concerning utility easements, distribution pole locations and required
conductor clearances.
Planning Commission Resolution No. 3620
PLN2004-l23 -1400 Abbott Avenue-New Single-Family Residence and Secondary Living Unit
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23. Intent to Occupy During Construction: Owners shall declare their intent to occupy the
dwelling during construction. The Building Inspection Division may require the premises to
be vacated during portions of construction because of substandard and unsafe living
conditions created by construction.
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.
PUBLIC WORKS DEPARTMENT
25.
Street Improvements: 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:
a. Show location of all existing utilities within the new and existing public right of way.
b. Installation of traffic control, stripes and signs as necessary.
c. Construction of conforms to existing public and private improvements, as necessary
26.
Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer
cleanout(s) shall be installed on private property behind the public right-of-way line.
27.
Utilities: All new 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.
28.
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 resurfaced within the previous five years will
require boring and jacking for all new utility installations. Abbott Avenue has not been
resurfaced 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.
29.
Grading and Drainage Plan: Prior to issuance of any grading or building permits for the
site, the applicant shall conduct hydrology studies based on a ten-year storm frequency,
prepare an engineered grading and drainage plan, and pay fees required to obtain necessary
grading permits. The plans shall comply with the 1998 edition of the California Building
Code including Chapters 10, 11, 18,33, and Appendix Chapter 33.
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PLN2004-l23 -1400 Abbott Avenue-New Single-Family Residence and Secondary Living Unit
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30.
Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building
permits, the applicant shall comply with the National Pollution Discharge Elimination
System (NPDES) permitting requirements, the California Storm Water Best Management
Practices Handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley
Water District requirements, and the City of Campbell Municipal Code regarding storm
water pollution prevention.
The City will provide the applicant with information to assist in complying with this
condition of approval. The primary objective is to improve the quality and reduce the
quantity of storm water runoff to the Bay.
COUNTY FIRE DEPARTMENT
31. Preliminary Review: Review of this development proposal is limited to acceptability of site
access and water supply 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 Division all applicable construction permits.
32. Required Fire Flow: The required fire flow for this project 1,000 gpm at 20 psi residual
pressure. The required fire flow is available from area water mains and fire hydrant(s) which
are spaced at the required spacing.
33. Premises Identification: Approved 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. Numbers shall contrast with their background.
34. Fire Sprinklers: It is noted that the applicant intends on installing an approved, automatic,
residential fire sprinkler system. Prior to building permit application, the applicant shall
indicate if the installation will be within both the main house as well as the secondary living
unit. A State of California licensed 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.
SANTA CLARA VALLEY WATER DISTRICT
35. Clearance Required: The applicant shall obtain written clearance from the Santa Clara
Valley Water District (SCVWD) for construction of this project. Evidence of this clearance
shall be provided to the Planning Division prior to the issuance of building permits.
PASSED AND ADOPTED this 14th day of December, 2004, by the following roll call vote:
Planning Commission Resolution No. 3620
PLN2004-l23 -1400 Abbott Avenue-New Single-Family Residence and Secondary Living Unit
Page 8
AYES: Commissioners: Alderete, Doorley, Francois, Gibbons, Rocha and
Roseberry
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
APPROVED: e-.-/
~ Ge e Doorley, Chai
ATTEST: - /~l~' -f~ l
Sharon Fierro, Secretary