PC Res 4629RESOLUTION NO. 4629
BEING A RESOLUTION OF THE OF PLANNING COMMISSION OF
THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A
PLANNED DEVELOPMENT PERMIT FOR THE APPROVAL OF SITE
CONFIGURATION, ARCHITECTURAL DESIGN, AND TO CREATE
LOTS WHICH DO NOT HAVE FRONTAGE ON A PUBLIC STREET
ON PROPERTY LOCATED AT 1323 ELAM AVENUE. FILE
NUMBER: PLN-2021-201
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 the recommended approval of a
Planned Development Permit:
Environmental Finding
1. The project may be found Categorically Exempt under Section 15332 of the California
Environmental Quality Act (CEQA, pertaining to In-Fill Development Projects which are
found consistent with all applicable general plan policies, zoning regulations, are under
five acres in size, and substantially surrounded by urban uses. Further, the project
qualifies for the exemption on the basis the site has no value as habitat for endangered,
rare, or threatened species (i.e., wetland), the project will not result in any significant
effects related to traffic, noise, or air/water quality, and can be adequately served by all
required utilities and public services.
Evidentiary Findings
1. The proposed project ("project") includes a Planned Development for the approval of
site configuration and architectural design for four two-story single-family homes,
Tentative Subdivision Map to create four single-family lots and one commonly owned
lot, and Parking Modification Permit to allow for two of the required assigned/uncovered
parking spaces, to be provided as uncovered guest parking.
2. The project site consists of a single parcel (18,152 sq. ft. net / 20,027 sq. ft. gross)
located on the north side of Elam Avenue between Inwood Drive and San Tomas
Aquino Road.
3. The 18,152 square foot lot is currently developed with one single-family residence that
will be demolished as part of the proposed subdivision.
4. Abutting land uses include single-family homes to the east and west, an apartment
community to the north, and single-family homes across Elam Avenue to the south.
5. The proposed subdivision will require a 5-foot dedication along Elam Avenue, which will
reduce the net lot area of the property from 18,152 square-feet to 17,778 square feet.
6. The project site is zoned P-D (Planned Development).
Planning Commission Resolution No. 4629
PLN-2021-201 -1323 Elam Avenue
Recommending Approval of a Planned Development Permit
Page 2 of 4
7. The project site is designated Low-Medium Density Residential (6-13 Units / Gr. Acre)
as shown on the Campbell General Plan Map.
8. The proposed residential land use, at a density of 8.71 units/gr. acre, is consistent with
the allowable land use and maximum density permitted by the Low-Medium Density
Residential General Plan land use designation.
9. The proposed Planned Development Permit may be approved concurrently, and
subject to a Planned Development Permit, and Parking Modification Permit.
10. The project would be consistent with the following General Plan policies and
strategies:
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.
Strategy LUT-9.3e: Building Materials: Encourage the use of long-lasting, high
quality building materials on all buildings to ensure the long-term
quality of the built environment.
Strategy LUT-17.1b:Landscaping: Ensure that new developments provide new tree
plantings, shrubs, greenery and other landscaping materials,
and preserve existing trees and shrubs.
11. The project proposes four two-story detached single-family residences.
12. The project’s floor area ratio (inclusive of the common lot) is approximately 48%.
13. The project’s lot coverage (inclusive of the common lot) is approximately 31%.
14. The project’s maximum building height would be approximately 27-feet.
15. The project proposes 12 parking spaces comprised of 8 covered/assigned and 4
uncovered/guest, where 12 parking spaces comprised of 8 covered/assigned, 2
Planning Commission Resolution No. 4629
PLN-2021-201 -1323 Elam Avenue
Recommending Approval of a Planned Development Permit
Page 3 of 4
uncovered/assigned & 2 uncovered/guest are required which is allowed with the
approval of a Parking Modification Permit.
16. There are no responsible agencies or trustee agencies responsible for resources
affected by the project.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
Planned Development Permit Findings (CMC Sec. 21.12.030.H.6):
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;
6. There is a reasonable relationship between the use of the fees imposed upon the
project and the type of development project;
7. 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;
Environmental Findings (CMC Sec. 21.38.050):
8. The project is Categorically Exempt under Section 15332 of the California Environmental
Quality Act (CEQA), pertaining to In-Fill Development Projects and under Section 15304
of CEQA, pertaining to alterations which do not involve the removal of healthy, mature,
scenic trees;
9. 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; and
10. There are no unusual circumstances that would prevent the project from qualifying as
Categorically Exempt per Section 15300.2 of the CEQA Guidelines.
Planning Commission Resolution No. 4629
PLN-2021-201 -1323 Elam Avenue
Recommending Approval of a Planned Development Permit
Page 4 of 4
THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval of a
Planned Development Permit for the Project located at 1323 Elam Avenue, subject to the
attached Conditions of Approval (attached Exhibit “A”).
PASSED AND ADOPTED this 8th day of February, 2022, by the following roll call vote:
AYES: Commissioners: Ching, Buchbinder, Krey, Ostrowski, Rivlin, Zisser
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
APPROVED:
Stuart Ching, Chair
ATTEST:
Rob Eastwood, Secretary
Sching (Feb 18, 2022 20:58 PST)
Sching
EXHIBIT A
RECOMMENDED CONDITIONS OF APPROVAL
Planned Development Permit (PLN-2021-201)
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 Planned Development Permit for the
approval of site configuration, architectural design and to create lots which do not have
frontage on a public street, in conjunction with and subject to a Tentative Subdivision
Map, and Parking Modification Permit on property located at 1323 Elam Avenue. The
project shall substantially conform to the project plans dated November 5, 2021, except
as may be modified by the Conditions of Approval herein.
2. Planning Final Required: Planning Division clearance is required prior to Building Permit
final.
3. 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.
4. Tract Map: The Planned Development Permit approval is contingent upon recordation of
the Tract Map to divide the subject property. The Tract Map shall be recorded prior to
the issuance of building or grading permits.
5. Plan Revisions: Prior to building permit submittal, the project plans shall be updated to
reflect the following revisions:
a. A note indicating that the fence between adjoining properties shall be eight feet tall
good neighbor fence (matching appearance/treatment on both sides) with a similar
appearance similar to that of adjoining properties (vertical wood slat).
6. 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.
7. 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
Exhibit A - Conditions of Approval
PLN-2021-201 – 1323 Elam Avenue - Planned Development Permit
Page 2 of 7
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. 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.
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.”
8. 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. Utility boxes at a minimum will be
painted/treated to match the predominant backdrop, and indicating that to the extent
feasible that utilities will be placed in the driveway and/or in front of each unit (i.e. water
meter boxes) to avoid a bank of meters from being placed along Elam Avenue which
may otherwise detract from the single-family look of the project and neighborhood.
9. 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).
Exhibit A - Conditions of Approval
PLN-2021-201 – 1323 Elam Avenue - Planned Development Permit
Page 3 of 7
10. 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.
11. 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).
12. Stormwater and Grading Requirements: The project shall comply with City stormwater
and grading requirements (CMC Sec. 20.80.020, 21.16.100, and 14.02), as more
specifically itemized in the Public Works Department Conditions of Approval for the
Tentative Subdivision Map.
13. Construction Activity: The following standards shall apply to construction of the project:
x Construction Hours (CMC 18.04.052): Construction activity shall be limited to the
hours of eight a.m. and five p.m. daily, Monday through Friday. Saturday hours of
construction shall be nine a.m. and four p.m. There shall be no construction activity
on Sundays or National Holidays.
x Construction Noise (CMC 18.04.052): No loud environmentally disruptive noise over
fifty dbs., such as air compressors without mufflers, continuously running motors or
generators, loud playing musical instruments or radios will be allowed during the
authorized hours of construction, Monday through Saturday, where such noise may
be a nuisance to adjacent residential neighbors. Such nuisances shall be
discontinued.
x 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 issuance of building permits.
Building Division
14. Permits Required: A building permit application shall be required for each proposed 4
(4) new single-family residences. The building permit shall include
Electrical/Plumbing/Mechanical fees when such work is part of the permit.
Exhibit A - Conditions of Approval
PLN-2021-201 – 1323 Elam Avenue - Planned Development Permit
Page 4 of 7
15. 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.
16. Construction Plans: The Conditions of Approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
17. Size of Plans: The minimum size of construction plans submitted for building permits
shall be 24 inches by 36 inches.
18. 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.
19. 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 those that are
“finished grade” and intended for use to determine the height of the proposed structure.
20. 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:
a. pad elevation
b. finish floor elevation (first floor)
c. foundation corner locations
Exhibit A - Conditions of Approval
PLN-2021-201 – 1323 Elam Avenue - Planned Development Permit
Page 5 of 7
21. 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.C Appendix 1, Section 106. Please obtain City of Campbell
Special Inspection forms from the Building Inspection Division Counter.
22. Non-Point Source Pollution Control: 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.
23. Approvals Required: The project requires the following agency approval 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. Bay Area Air Quality Management District (Demolitions Only)
e. 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.
24. 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.
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,
2013 edition.
26. 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.
27. 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.
Exhibit A - Conditions of Approval
PLN-2021-201 – 1323 Elam Avenue - Planned Development Permit
Page 6 of 7
28. Automatic Fire Sprinkler Systems: This project shall comply with Section R313 of the
California Residential building Code 2013 edition, and be equipped with a complying Fire
Sprinkler system.
29. 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.
30. Title 24 Energy Compliance: California Title 24 Energy Compliance forms shall be blue-
lined on the construction plans. 8½ X 11 calculations shall be submitted as well.
FIRE DEPARTMENT
31. 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.
32. Public Easement: The public easement between House #4 and the turnaround shall not
be obstructed at any time. Addition clarification notes shall be added during building
permit phrase.
33. Fire Sprinklers Required: (As noted on Sheet A-0.01) An automatic residential fire
sprinkler system shall be installed in one- and two-family dwellings as follows: In all new
one- and two-family dwellings and in existing one- and two-family dwellings when
additions are made that increase the building area to more than 3,600 square feet.
Exception: A one-time addition to an existing building that does not total more than 1,000
square feet of building area. 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. CRC Sec. 313.2 as adopted and
amended by CBLMC. Sprinkler plans to be noted as a deferred submittal for each of the
residential plan sets.
34. Fire Department (Engine) Driveway Turnaround Required: (As noted on Sheet A-1.11)
Provide an approved fire department engine driveway turnaround with a minimum radius
of 36 feet outside and 23 feet inside. Installations shall conform with Fire Department
Standard Details and Specifications D-1. No parking shall occur within the turnaround.
Turnaround to be delineated with red curbing, striping or with signage in accordance with
Exhibit A - Conditions of Approval
PLN-2021-201 – 1323 Elam Avenue - Planned Development Permit
Page 7 of 7
SCCFD A-6 Standard and incorporated with the “Fire Apparatus (Engine) Access
Roadway Required” comment below.
35. Fire Apparatus (Engine) Access Roadway Required: (As noted on Sheet 5) Provide an
access roadway with a paved all-weather surface, a minimum unobstructed width of 20
feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 42 feet
outside, and a maximum slope of 15%. Surface shall be capable of supporting 75K
pounds. Installations shall conform to Fire Department Standard Details and
Specifications Sheet A-1. CFC Sec. 503.
36. Construction Site Fire Safety: (As noted on Sheet A-0.01) All construction sites must
comply with applicable provisions of the CFC Chapter 33 and our Standard Detail and
Specification S1-7. Provide appropriate notations on subsequent plan submittals, as
appropriate to the project. CFC Chp. 33.
37. Address Identification: (As noted on Sheet A-0.01) New and existing buildings shall
have approved address numbers, building numbers or 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 0.5 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
sign or means shall be used to identify the structure. Address numbers shall
be maintained. CFC Sec. 505.1.
38. Water Supply Requirements: (As noted on Sheet A-0.01) Potable water supplies shall
be protected from contamination caused by fire protection water supplies. It is the
responsibility of the applicant and any contractors and subcontractors to contact the
water purveyor supplying the site of such project, and to comply with the requirements of
that purveyor. Such requirements shall be incorporated into the design of any water-
based fire protection systems, and/or fire suppression water supply systems or storage
containers that may be physically connected in any manner to an appliance capable of
causing contamination of the potable water supply of the purveyor of record. Final
approval of the system(s) under consideration will not be granted by this office until
compliance with the requirements of the water purveyor of record are documented by
that purveyor as having been met by the applicant(s). 2019 CFC Sec. 903.3.5 and
Health and Safety Code 13114.7.
39. 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 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]