CC Resolution 13120 - Approval of a Planned Development Permit 105 Kennedy Avenue RESOLUTION NO. 13120
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING A PLANNED DEVELOPMENT PERMIT TO
ALLOW CONSTRUCTION OF A STACKED TWO-LEVEL, 1,940
SQUARE-FOOT DUPLEX ON AN EXISTING RESIDENTIAL
PROPERTY DEVELOPED WITH A DETACHED SINGLE-FAMILY
HOME TO REMAIN, LOCATED AT 105 KENNEDY AVENUE,
INCLUDING VACATION AND ABANDONMENT OF AN EXISTING
PUBLIC SIDEWALK EASEMENT, AND RECONSTRUCTION OF
EXISTING 6-FOOT FENCE. FILE NO.: PLN-2023-119
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 the approval of a Planned Development
Permit:
1. The Proposed Project is an application for a Planned Development Permit to allow
construction of a two-level stacked two-level, 1,940 square-foot duplex on an existing
residential property developed with a detached single-family home to remain, as well
vacation and abandonment of an existing public easement that will no longer serve a
public purpose and reconstruction of an existing 6-foot fence.
2. The Project Site is an approximately 4,900 square-foot (net) parcel (7,965 gross
square-feet) located at the northwest corner of Kennedy Avenue and Industrial Street.
3. The Proposed Project was submitted under an SB-330 preliminary application filed in
compliance with Government Code § 65941.1 on April 28, 2023, predating the June 2,.
2023, implementation date of the new General Plan, revised Zoning Code, and Multi-
Family Development and Design Standards (MFDDS).
4. Due to the aforementioned preliminary application, the application is not subject to any
objective design standards nor any zoning district specific development standards.
5. The Project Site was designated at the time of pre-application submittal as Medium
Density Residential (14-20 units/gr. acre) and zoned P-D (Planned Development), as
shown on the former Campbell General Plan and Zoning Maps, respectively.
6. The Project Site is currently developed with a single-family residence that would remain
with the project, which is currently being remodeled under a separate permit.
7. The Proposed Project's three units would result in a density of 16.4 units/gr. acre (3
units = 0.182 gross acres), consistent with the density range of the applicable Medium
Density Residential (14-20 units/gr. acre) designation. Although three units exceeds
the allowable one unit otherwise specified by former CMC Sec. 21.08.060.E., Table 2-
6 (General Development Standards — R-2 Zoning District), pursuant to California
Government Code § 65589.5, in cases where the general plan and zoning ordinance
do not match, a project is only required to comply with the general plan.
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105 Kennedy Avenue
8. The Proposed Project is not subject to the provisions CMC Chapter 21.24 (Inclusionary
Housing Ordinance) in that it has fewer than 10 housing units.
9. Pursuant to CMC Section 21.18.060.G., the decision-making body on a discretionary
development application may allow a deviation from the fencing requirements if it can
establish the findings for a Fence Exception contained in CMC Section 21.18.060.E.
The request to allow reconstruction of an existing fence, even though it would be
located in the"sight-triangle"due to the relocation of the public sidewalk will not present
a safety impact based on the sight lines and the Kennedy/Industrial corner being a 4-
way stop controlled intersection.
10. The Proposed Project is a "housing development project" under State law, which limits
the City in its capability to"deny, reduce the density for, or render infeasible"the project
under the Housing Accountability Act (HAA) (Government Code Section 65589.5)
unless: 1) the proposal is found to be in violation of an objective general plan/zoning
standard (other than those waived/reduced through use of the Density Bonus law); or
2) the project will result in a specific adverse impact to public health and safety.
11. The Proposed Project would be consistent with the following General Plan policies and
strategies:
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.
Policy LUT-9.3: Design and Planning Compatibility: Promote high quality, creative design and
site planning that is compatible with surrounding development, public spaces
and natural resources.
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.
12. The Proposed Project incorporates a requirement for off-site public improvements
including dedication of right-of-way for public street purposes and installation of City
standard curb, gutter, sidewalk, driveways, street tree(s), and street light(s).
13. In review of the proposed project, the City Council considered the site circulation, traffic
congestion, and traffic safety effects of the project, including the effect of the site
development plan on traffic conditions on abutting streets; the layout of the site with
respect to locations and dimensions of vehicular and pedestrian entrances, exit
driveways, and walkways; the arrangement and adequacy of off-street parking facilities
to prevent traffic congestion; the location, arrangement, and dimensions of truck
loading and unloading facilities; the circulation patterns within the boundaries of the
development, and; the surfacing and lighting of the off-street parking facilities.
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105 Kennedy Avenue
14. The City Council further considered the landscaping design of the proposed project,
including the location, height, and material of fences, walls, hedges, and screen
plantings to ensure harmony with adjacent development or to conceal storage areas,
utility installations, and other unsightly aspects of the development; the planting of
groundcover or other surfacing to prevent dust and erosion, and the preservation of
existing healthy trees.
15. The City Council further considered the proposed project's architectural and site
layout, including the general silhouette and mass, including location on the site,
elevations, and relation to natural plant coverage, all in relationship to the surrounding
neighborhood; the exterior design in relation to adjoining structures in terms of area,
bulk, height, openings, and breaks in the facade facing the street; and appropriateness
and compatibility of the proposed uses in relation to the adjacent uses and the area as
a whole.
16. 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.
17. There is a reasonable relationship and a rough proportionality between the Conditions
of Approval and the impacts of the project.
18. There is a reasonable relationship between the use of the fees imposed upon the
project and the type of development project.
Based upon the foregoing findings of fact and in consideration of the entire administrative
record, the City Council 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;
Fence Exception Findings (CMC Sec. 21.42.060.B)
5. The [increased height] would not impair pedestrian or vehicular safety;
6. The [increased height] would result in a more desirable site layout;
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105 Kennedy Avenue
7. The [increased height] would not be detrimental to the health, safety, peace, morals,
comfort or general welfare of persons residing or working in the neighborhood of the
change;
8. The [increased height] would not be detrimental or injurious to property and
improvements in the neighborhood or to the general welfare of the city;
Environmental Findings (CMC Sec. 21.38.050):
9. This project is Categorically Exempt under per Section 15303(b) of the California
Environmental Quality Act (CEQA), pertaining to the construction of duplex or similar
multi-family residential structures designed for not more than six dwelling units in an
urbanized area; 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.
THEREFORE, BE IT RESOLVED that the City Council approves a Planned Development
Permit to allow construction of a stacked two-level, 1,940 square-foot duplex on an existing
residential property developed with a detached single-family home to remain, located at 105
Kennedy Avenue, including vacation and abandonment of an existing public sidewalk
easement, and reconstruction of existing 6-foot fence, subject to the attached Conditions of
Approval (attached Exhibit A).
PASSED AND ADOPTED this 20th day of February, 2024, by the following roll call vote:
AYES: Councilmembers: Bybee, Furtado, Scozzola, Lopez, Landry
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
APPROV0.
Susan M. Land , ayor
ATTEST: ( as
Andrea Sanders, City Clerk
EXHIBIT A
CONDITIONS OF APPROVAL
Planned Development Permit
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 to allow
construction of a stacked two-level, 1,940 square-foot duplex on an existing residential
property developed with a detached single-family home to remain, on property located •
at 105 Kennedy Avenue, including vacation and abandonment of an existing public
sidewalk easement, and reconstruction of existing 6-foot fence. The Approved Project
shall substantially conform to the Revised Project Plans included as Attachment B in
the February 20, 2024, City Council Staff Report, except as may be modified by
conditions of approval contained herein.
2. Permit Expiration: Approval of the Planned Development Permit ("Approval") shall be
valid for two (2) years from the effective date of City Council action (expiring January
22, 2026). Within this two-year period a Building Permit for the project must be issued
pursuant to CMC Sec. 21.56.030.6.1. Failure to meet this deadline or expiration of an
issued Building Permit shall result in the Approval being rendered void.
3. Planning Final Required: Planning Division clearance is required prior to Building
Permit final. Construction not in substantial compliance with the Approved Project
Plans shall not be approved without prior authorization.
4. Minor Revisions: Architectural refinements and other minor revisions to the Approved
Project Plans, may be administratively approved by the Community Development
Director pursuant to CMC Sec. 21.56.060.
5. 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.
6. Water Efficient Landscape Standards: As a new construction 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
Conditions of Approval — P-D Permit Page 2
105 Kennedy Avenue
(MWELO) and may comply with the Prescriptive Compliance Option in Appendix D.
This document is available at:
http://www.cityofcampbell.com/DocumentCenterNiew/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. 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."
7. 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.
8. Construction Hours/Fines/Stop Work Notice: Failure to comply with permitted working
hours that result in verified complaints may result in the issuance of a Stop Work Notice
issued to the project with cessation of work for a minimum of seven (7) days from the
date of issuance and an Administrative fine of up to $1,000.00.
9. Timely Completion: Once under construction it shall be the obligation of the property
owner and contractor to demonstrate continued progress on the project. In the event
the building permit expires, the City may impose fines or exercise administrative
remedies to compel timely completion of work.
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105 Kennedy Avenue
Building Division
10.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.
11.Conditions of Approval: The Conditions of Approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
12.Construction Fencing: The property 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.
Any protected trees shall be fenced to prevent damage to root systems in compliance
with the Standards for Tree Protection During Construction.
PUBLIC WORKS DEPARTMENT
13.Construction Drawings: The applicant shall submit the following permit applications
prior to, or concurrent with the main Building permit application:
a. Encroachment Permit for Street Improvement Plans: The frontage
improvements for the project shall be shown on a separate street
improvement plan as detailed here: https://www.campbellca.gov/187/Street-
Improvements
b. Street Dedication: The street / easement dedication documents required for
this project shall be submitted for review by the City Surveyor as detailed
here: https://www.campbellca.gov/DocurnentCenterNiew/430
14.Right-of-Way for Public Street Purposes: Prior to issuance of any grading or building
permits for the site, the applicant shall fully complete the process to cause additional
right-of-way to be granted in fee for public street purposes along the Kennedy Avenue
frontage to accommodate the required street improvements, and the required radius
at the return, unless otherwise approved by the City Engineer. The applicant shall
submit the necessary documents for approval by the City Engineer, process the
submittal with City staff's comments and fully complete the right-of-way process. The
applicant shall cause all documents to be prepared by a registered civil engineer/land
surveyor, as necessary, for the City's review and recordation.
15.Park Impact Fee: A fee in-lieu of parkland dedication pursuant to Campbell Municipal
Code (CMC) Chapter 20.24 (Park Impact Fees and Park Land Dedication
Subdivisions) is required. The in-lieu fee shall be equal to the fee for two (2) new
dwelling units based on the Multi- family rate. The fee in effect at the time of payment,
as established by the City's Schedule of Fees, shall be the fee due. The fee shall be
due prior to the final Building inspection.
16.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,
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105 Kennedy Avenue
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.
17.Water Meter(s) and Sewer Cleanout(s): Proposed water meter(s) and sewer
cleanout(s) shall be installed on private property behind the public right-of-way line.
18.Plans / Encroachment Permit / Fees / Deposits: Prior to issuance of any grading or
building permits for the site, the applicant shall cause plans for public street
improvements to be prepared, pay various fees and deposits 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, superseding any other notes or depictions on the Approved Project Plans to
the contrary, unless otherwise approved by the City Engineer:
a. Show location of all existing utilities within the new and existing public right of
way.
b. Removal and replacement of broken/uplifted curb and gutter along project
frontage.
c. Construction of ADA compliant ramp(s) at the corner of Kennedy Avenue and
Industrial Street aligned with existing curb ramps across the respective streets.
d. Reconstruction of existing driveways along the Industrial Street frontage to be
ADA compliant and match on-site conditions.
e. Construction of four (4) foot wide ADA compliant attached sidewalk along the
Industrial Street frontage.
f. Installation of traffic control, stripes and signs.
g. Construction of conforms to existing public and private improvements, as
necessary.
19.Street Improvements Completed for Occupancy and Building Permit Final: Prior to
allowing occupancy and/or final building permit signoff for any and/or all buildings, the
applicant shall have the required street improvements installed and accepted by the
City, and the design engineer shall submit as-built drawings to the City.
20.Utility Encroachment Permit: Separate encroachment permits for the installation of
utilities to serve the development will be required (including water, sewer, gas, electric,
Conditions of Approval — P-D Permit Page 5
105 Kennedy Avenue
etc.). Applicant shall apply for and pay all necessary fees for utility permits for sanitary
sewer, gas, water, electric and all other utility work.
21.Additional Street Improvements: Should it be discovered after the approval process
that new utility main lines, extra utility work or other work is required to service the
development, and should those facilities or other work affect any public improvements,
the City may add conditions to the development/project/permit, at the discretion of the
City Engineer, to restore pavement or other public improvements to the satisfaction of
the City.
FIRE DEPARTMENT
22.Fire Sprinklers Required: An automatic residential fire sprinkler system shall be
installed in all new one- and two-family dwellings. Sprinklers noted on sheet A0.1.
23.Required Fire Flow: The minimum required fire flow for this project is 500 Gallons Per
Minute (GPM) at 20 psi residual pressure. This fire flow assumes installation of
automatic fire sprinklers per CFC [903.3.1.3]. Letter received. Hydrant is capable of
meeting fire flow.
24.Construction Site Fire Safety: All construction sites must comply with applicable
provisions of the CFC Chapter 33 and our Standard Detail and Specification SI-7.
Provide appropriate notations on subsequent plan submittals, as appropriate to the
project. CFC Chp. 33.
25.Address identification: 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 6 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.
26.Water Supply Requirements: 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
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105 Kennedy Avenue
that purveyor as having been met by the applicant(s). 2022 CFC Sec. 903.3.5 and
Health and Safety Code 13114.7.
27.Limit of Review: 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].