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PC Res 4656RESOLUTION NO. 4656 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A MAJOR PLANNED DEVELOPMENT MODIFICATION PERMIT AND EXTENTION OF APPROVAL FOR THE TENTATIVE MAP (PLN-2022-13) TO ALLOW FOR REVISIONS TO THE ARCHITECTURAL DESIGN AND CHANGES IN FLOOR AREA OF A PREVIOUSLY APPROVED PLANNED DEVELOPMENT PERMIT FOR A SIX-LOT SINGLE- FAMILY HOUSE SUBDIVISION AND TO EXTEND THE APPROVAL OF THE PREVIOUSLY APPROVED TENTATIVE MAP ON PROPERTY LOCATED AT 1429 & 1445 WESTMONT AVENUE. 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 file number PLN-2022-13: 1. The project site is zoned P-D (Planned Development) on the City of Campbell Zoning Map. 2. The project site is designated Low Density Residential (<6 units/gr. acre) on the City of Campbell General Plan Land Use diagram. 3. The project site is an approximately 54,804 square-foot parcel located generally at the intersection of Westmont Avenue and Harriet Avenue. 4. The proposed project consists of a Major Planned Development Permit Modification and Extension of Approval (PLN-2022-13) to allow for revisions to the architectural design and changes in floor area of a previously approved Planned Development Permit for a 6-lot single-family house subdivision and to extend the approval of a previously approved tentative map. 5. The proposed project is in compliance with the established minimum setback and maximum height requirements of the San Tomas Area Neighborhood Plan. 6. The proposed project will result in a Floor Area Ratio (FAR) ranging from 44.3 to 44.9%, where a maximum of 0.45 FAR is allowed in the San Tomas Area Neighborhood Plan. 7. The proposed project will result in lot coverages ranging from 28.3 to 31.1%, where a maximum of 40% lot coverage is allowed in the San Tomas Area Neighborhood Plan. 8. The proposed project will provide two covered parking spaces in an attached garage for each unit for a total of 12 parking spaces, and 12 surface guest parking spaces, satisfying the applicable parking requirement of 24 parking spaces. Planning Commission Resolution No. 4656 Page 2 of 3 PLN-2022-13 ~ 1429 & 1445 Westmont Ave – Major Planned Development Permit Modification and Extension of Approval 9. The proposed project will be compatible with the P-D (Planned Development) Zoning District with approval of a Major Planned Development Modification Permit. 10. The project is compatible with the architecture of the adjacent neighborhood in that the project incorporates representative architectural features and complimentary materials of surrounding homes including the hipped roof forms, wood siding, and use of stucco. 11. The proposal is consistent with the Considerations in Review of Applications (CMC Section 21.12.030) subject to Major Planned Development Permit Modification and Extension of Approval. 12. 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 Planning Commission further finds and concludes that: Major Planned Development Permit Findings (CMC Section 21.42.020): 1. The proposed development of 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 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 would not be detrimental to the health, safety or welfare of the neighborhood or of the city as a whole. Extension of Approval Permit Findings (CMC Section 21.56.030): 5. The permittee has the burden of proof to establish, with substantial evidence that the applicant has made a good faith effort to fulfill all the requirements of the permit approval, the justification for extension of the permit. Environmental Finding(s) (CMC Section 21.38/050): 6. This project is Categorically Exempt per Section 15332, Class 32 of the California Environmental Quality Act (CEQA), pertaining to in-fill development projects. 7. 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. Planning Commission Resolution No. 4656 Page 3 of 3 PLN-2022-13 ~ 1429 & 1445 Westmont Ave – Major Planned Development Permit Modification and Extension of Approval THEREFORE, BE IT RESOLVED that the Planning Commission recommend approval of a Major Planned Development Permit Modification (PLN-2022-13) to allow revisions to the architectural design and changes in floor area of a previously approved Planned Development Permit for a 6-lot single-family subdivision and to extend the approval of the previously approved tentative parcel map on property located at 1429 & 1445 Westmont Avenue, subject to the attached Conditions of Approval (attached Exhibit “A”). PASSED AND ADOPTED this 11th of October, 2022, by the following roll call vote: AYES: Commissioners: Fields, Ching, Buchbinder, Ostrowski, Krey, Zisser NOES: Commissioners: ABSENT: Commissioners: Kamkar ABSTAIN: Commissioners: APPROVED: Stuart Ching, Chair ATTEST: Rob Eastwood, Secretary Stuart Ching (Apr 17, 2023 20:56 PDT) RECOMMENDED CONDITIONS OF APPROVAL Modification (PLN-2022-13) 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 Planned Development Modification Permit and Extension of Approval (PLN-2022-13) to allow for revisions to the architectural design and changes in floor area of a previously approved Planned Development Permit for a 6-lot single-family house subdivision and to extend the approval of the previously approved tentative map, on property located at 1429 & 1445 Westmont Avenue. The project shall substantially conform to the Project Plans, included as Attachment 2 in the Planning Commission Staff Report dated October 11, 2022, except as may be modified by conditions of approval contained herein. 2. Permit Expiration: a. Major Planned Development Modification Permit: The Major Planned Development Modification Permit approval shall be valid through February 1, 2025. Within this period, a Building Permit must be obtained. Failure to meet this deadline or expiration of an issued building permit will result in the Major Planned Development Modification Permit being rendered void. b. Extension of Approval: The Extension of Approval shall be valid through February 1, 2025. Within this period, the Tract Map ("final map") must be approved by the City Council and recorded with the Santa Clara County Clerk-Recorder. Failure to meet this deadline will result in the Approval being rendered void. 3. Rough Framing and Planning Final Required: Planning Division clearance is required prior to rough framing and final Building Permit clearance. Construction not in substantial compliance with the approved project plans shall not be approved without prior authorization of the necessary approving body. 4. 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 Exhibit A - Conditions of Approval Page 2 of 3 PLN-2022-13 ~ 1429 & 1445 Westmont Ave – Major Planned Development Permit Modification & Extension of Approval 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. 5. 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. 6. Fences/Walls: Except as noted below, 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. 7. 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. 8. 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 landscaping and irrigation standards in Chapter 21.26 of the Campbell Municipal Code. The Building Permit application submittal shall include compliant Planting and Irrigation Plans and shall include the following: a. A completed Landscape Information Form. b. 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. 9. 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 a Building Permit. 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. Exhibit A - Conditions of Approval Page 3 of 3 PLN-2022-13 ~ 1429 & 1445 Westmont Ave – Major Planned Development Permit Modification & Extension of Approval 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. Resol 4656 ~ 1429 & 1445 Westmont Ave_Final Final Audit Report 2023-04-18 Created:2023-03-30 By:Selina Perez Aquino (selinap@campbellca.gov) Status:Signed Transaction ID:CBJCHBCAABAA4KTfQc5sf7OCtcsozyybXmXfxi2EKfEB "Resol 4656 ~ 1429 & 1445 Westmont Ave_Final" History Document created by Selina Perez Aquino (selinap@campbellca.gov) 2023-03-30 - 10:48:17 PM GMT Document emailed to Rob Eastwood (robe@campbellca.gov) for signature 2023-03-30 - 10:48:34 PM GMT Email viewed by Rob Eastwood (robe@campbellca.gov) 2023-04-13 - 7:13:26 PM GMT New document URL requested by Rob Eastwood (robe@campbellca.gov) 2023-04-13 - 7:13:29 PM GMT Document e-signed by Rob Eastwood (robe@campbellca.gov) Signature Date: 2023-04-13 - 7:46:48 PM GMT - Time Source: server Document emailed to sching19@gmail.com for signature 2023-04-13 - 7:46:49 PM GMT Email viewed by sching19@gmail.com 2023-04-18 - 3:54:43 AM GMT Signer sching19@gmail.com entered name at signing as Stuart Ching 2023-04-18 - 3:56:36 AM GMT Document e-signed by Stuart Ching (sching19@gmail.com) Signature Date: 2023-04-18 - 3:56:38 AM GMT - Time Source: server Agreement completed. 2023-04-18 - 3:56:38 AM GMT Names and email addresses are entered into the Acrobat Sign service by Acrobat Sign users and are unverified unless otherwise noted.