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]