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CC Resolution 12678 RESOLUTION NO. 12678 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A MAJOR MODIFICATION (PLN-2020-85) TO A PREVIOUSLY APPROVED PLANNED DEVELOPMENT PERMIT (ZC 81-12) TO ALLOW CONSTRUCTION OF AN APPROXIMATELY 426 SQUARE-FOOT SINGLE-STORY ADDITION TO AN EXISTING SINGLE-FAMILY RESIDENCE AND A 1,011 SQUARE-FOOT DETACHED BUILDING THAT WILL ACCOMMODATE A NEW ACCESSORY DWELLING UNIT (ADU) ON PROPERTY LOCATED AT 1409 HARRIET AVENUE. FILE NO.: PLN-2020-85 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 file number PLN-2020-85: Evidentiary Findings 1. The project site is located on the west side of Harriet Avenue, south of its intersection with Harriet Court, within the City's San Tomas Area Neighborhood Plan. 2. The project site is within the P-D (Planned Development) Zoning District and is designated with a Low Density Residential land use designation by the General Plan. 3. The project site was developed under a Zone Change and Planned Development Permit (ZC 81-12) granted by City Council Ordinance No. 1352 in 1981. 4. The project site is currently developed with a single-family residence to be retained and a detached garage to be demolished. 5. The proposed project is an application to modify the previously approved Planned Development Permit (ZC 81-12) to allow construction of an approximately 426 square- foot single-story addition to the existing single-family residence and a 1,011 square-foot detached building that will accommodate a new accessory dwelling unit (ADU). 6. The proposed project constitutes a "Major Modification" to the previously approved Planned Development Permit because it "proposes to add additional square footage or substantially alter the design or specifications approved by the site plan [which] shall be reviewed by the planning commission and approved by the City Council" pursuant to Campbell Municipal Code (CMC) Section 21.12.030.H.3.b. 7. The proposed project, as conditioned, would be consistent with the following General Plan policies and strategies: Goal LUT-3: Options in ownership and rental housing in terms of style, size, and density that contribute positively to the surrounding neighborhood. Strategy LUT-5.2a: Neighborhood Compatibility: Promote new residential development and substantial additions that are designed to maintain and support the existing City Council Resolution 12678 Page 2 of 3 PLN-2020-85 — Planned Development Modification 1409 Harriet Ave character and development pattern of the surrounding neighborhood, especially in historic neighborhoods and neighborhoods with consistent design characteristics. Policy H-5.3: Secondary Dwelling Units: Provide for the infill of modestly priced rental housing by encouraging secondary units in residential neighborhoods. 8. The proposed project, as conditioned, would be consistent with the City adopted Sail Tomas Area Neighborhood Plan. 9. The proposed project would be consistent with CMC Chapter 21.23 (Accessory Dwelling Units). 10.In review of the proposed project, the City Council considered the site circulation, traffic congestion, and traffic safety, considerations relating to the landscaping and considerations relating to structure and site layout. 11.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 City Council further finds and concludes that: 1. The proposed development or uses clearly would result in a more desirable environment and use of land than would be possible under any other zoning district classification; 2. The proposed development would,be compatible with the general plan and will aid in the harmonious development of the immediate area; 3. The proposed development would not be detrimental to the health, safety or welfare of the neighborhood or of the city as a whole. 4. The establishment will not create a nuisance due to litter, noise, traffic, vandalism or other factors; 5. The establishment will not significantly disturb the peace and enjoyment of the nearby residential neighborhood; and 6. This project is Categorically Exempt under Section 15301 (Class 1) of the California Environmental Quality Act (CEQA) Guidelines pertaining to minor alterations to an existing private structure, involving negligible or no expansion of use. THEREFORE, BE IT RESOLVED that the City Council approves a Major Modification (PLN-2020-85) to a previously approved Planned Development Permit (ZC 81-12) to allow construction of an approximately 429 square-foot single-story addition to an existing single-family residence and a 1,011 square-foot detached building that will accommodate a new accessory dwelling unit (ADU) on property located at 1409 Harriet Avenue, subject to the attached Conditions of Approval (attached Exhibit "A"). PASSED AND ADOPTED this 16th day of February, 2021, by the following roll call vote: City Council Resolution Page 3 of 3 PLN-2020-85 — Planned Development Modification 1409 Harriet Ave AYES: COUNCILMEMBERS: Bybee, Landry, Lopez, Resnikoff, Gibbons NOES: COUNCILMEMBERS: None ABSTAINED: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None APPROV i eth "Liz" Gib ns, Mayor ATTEST: //44,9-7) Andrea Sand r , Deputy City Clerk EXHIBIT A CONDITIONS OF APPROVAL Major Modification to a Previously Approved Planned Development Permit (PLN-2020-85) 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 1. Approved Project: Approval is granted for a Major Modification (PLN-2020-85) to a previously approved Planned Development Permit (ZC 81-12) to allow construction of an approximately 426 square-foot single-story addition to an existing single-family residence and a new 1,011 square-foot detached building that will accommodate a new accessory dwelling unit (ADU) on property located at 1409 Harriet Avenue. The project shall substantially conform to the Project Plans and Revisions, stamped as received by the Planning Division on December 8, 2020 and January 14, 2021 respectively, except as modified by Conditions of Approval contained herein. 2. Permit Expiration: The Major Modification approved herein ("Approval") shall be valid for one (1) year from the date of final City Council approval (expiring February 26, 2022). Within this one-year period, an application for Building Permit(s) must be submitted. Failure to meet this deadline or expiration of the Building Permit plan check or an issued Building Permit will result in the Approval being rendered void. 3. Previous Conditions of Approval: The conditions of approval contained herein shall be considered additional to those provided by City Council Ordinance No. 1352 (ZC 81- 12). 4. Rough 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. 5. 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 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 façade material. All other modifications are subject to review at a public hearing. Exhibit A- Recommended Conditions of Approval Page 2 of 5 1409 Harriet Ave PLN-2020-85 - Major Modification 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. Water Efficient Landscape Standards: As a remodel/addition/rehabilitation 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.cityofcampbell.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 rear yard shall include existing and/or new tree plantings along the rear and north side property lines for screening. 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." Note: If the project landscape area increases during the course of the project, additional requirements will apply. 8. Fences/Walls: 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. 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. Exhibit A— Recommended Conditions of Approval Page 3 of 5 1409 Harriet Ave PLN-2020-85 — Major Modification 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.Permit Required: A Building Permit application shall be required for the proposed project. The Building Permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 13.Conditions of Approval: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for the Building Permit. 14.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. PUBLIC WORKS DEPARTMENT 15.Plan Review: Revise plan to show the existing 5' public walkway easement adjacent to the northern property line. 16.Vacation of Walkway Easement: Tract Map Number 7229 recorded a 5' walkway easement for the construction and maintenance of sidewalks for public use. The walkway easement is located within the 6 buildable lots adjacent to the property lines on Harriet Court. The project plan is showing a side setback from Harriet Court of 3.5' which is conflict of the 5' walkway easement. Prior to issuance of Building Permit, the applicant shall submit a vacation application of the 5' walkway easement for approval by the City Engineer, pay the current application processing fee, process the application with City staffs comments and fully complete the easement vacation. Exhibit A— Recommended Conditions of Approval Page 4 of 5 1409 Harriet Ave PLN-2020-85 — Major Modification 17.Park Impact Fee: Senate Bill No. 13 (SB13) allows the assessment of impact fees to accessory dwelling unit of 750 square feet or more. SB13 also states that the fee should be proportional to the square footage of the primary dwelling unit. Currently, the Park Impact Fee for single family is $24,480.00 and the maximum Park Impact Fee that can be assessed for an accessory dwelling unit is $7,771. Prior to allowing occupancy and/or final building permit signoff for any and/or all units, the applicant shall pay the Park Impact Fee for the proposed 1,011 square feet accessory dwelling unit currently calculated to be $7,771.00. 18.Harriet Avenue Sidewalk Project: The City of Campbell is moving forward with a project to install missing pedestrian improvements on Harriet Avenue between Westmont Avenue and Van Dusen Lane. The improvements include concrete sidewalks, curbs, gutters, ADA compliant curb ramps and signing & striping. The applicant is strongly encouraged to complete any required utility work in advance of the City project. More information about this project can be found here: https://www.ci.campbell.ca.us/1148 19.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 (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. 20.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. 21.Pavement Restoration: The applicant shall restore the pavement in compliance with City standard requirements. In the event that the roadway has recently received a pavement treatment or reconstruction, the project will be subject to the City's Street Cut Moratorium. The applicant will be required to perform enhanced pavement restoration consistent with the restoration requirements associated with the Street Cut Moratorium. The City's Pavement Maintenance Program website Exhibit A— Recommended Conditions of Approval Page 5 of 5 1409 Harriet Ave PLN-2020-85 — Major Modification (https://www.ci.campbell.ca.us/219) has detailed information on the streets currently under moratorium and the enhanced restoration requirements. 22.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. FIRE DEPARTMENT 23.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 Division all applicable construction permits. 24.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]