CC Resolution 13121 - Approval of Tentative Subdivision Map and Planned Development Permit 189 Sunnyside Avenue RESOLUTION NO. 13121
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING A TENTATIVE SUBDIVISION MAP AND
PLANNED DEVELOPMENT PERMIT TO ALLOW A SUBDIVISION
FROM 1 LOT TO 2 LOTS AND THE CONSTRUCTION OF AN
APPROXIMATELY 2,032 SQUARE FOOT NEW TWO-STORY
SINGLE-FAMILY RESIDENCE ON A NEWLY CREATED LOT, FOR
PROPERTY LOCATED AT 189 SUNNYSIDE AVENUE. FILE NO.:
PLN-2023-136
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 Tentative Subdivision
Map and Planned Development Permit:
1. The Proposed Project is an application for a Tentative Subdivision Map and Planned
Development Permit (PLN-2023-136) to allow a subdivision from 1 lot to 2 lots and the
construction of an approximately 2,032 square foot new two-story single-family
residence on the newly created lot.
2. The Project Site consists of one parcel, approximately 7,244 square feet, located along
Sunnyside Avenue, west of South First Street. The resultant lots will be 3,500 square
feet (fronting Sunnyside Avenue) and 3,744 square feet (adjacent to the public alley).
3. The Project Site is designated by the Campbell Zoning Map as P-D (Planned
Development) and by the Campbell General Plan Land Use Diagram as Low-Medium
Density Residential.
4. The Proposed Project was submitted under an SB-330 preliminary application filed in
compliance with Government Code Section 65941.1 on May 24, 2023, predating the
June 2, 2023 implementation date of the new General Plan, revised Zoning Code, and
Multi-Family Development and Design Standards (MFDDS).
5. Due to the preliminary application, the subject application is not subject to any objective
design standards nor any zoning district development standards. The Planned
Development zoning district does not have any development standards, however, the
city has a maximum height limit of 75-feet, in which the proposed single-family
residence falls under (proposed building height of 23-feet, 6-inches).
6. The Proposed Project is a "housing development project" under State Law, which limits
the City in its capacity 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; or 2) the project will result in a specific adverse impact to public health and
safety.
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189 Sunnyside Avenue
7. As the Proposed Project is a "housing development project" under State Law, the
Proposed Project includes an accessory dwelling unit, thus resulting in three housing
units (one existing single-family residence in the rear, one proposed single-family
residence fronting Sunnyside Avenue, and one proposed accessory dwelling unit).
8. The Proposed Project's two residential units would result in a density of 10.26 units/gr.
acre (2 units _ 0.166 acres), consistent with the density range of the Low-Medium
Residential General Plan (6 to 13 units/gr. acre) designation. The accessory dwelling
unit proposed in the rear unit does not count towards density.
9. With the subdivision, the existing single-family residence in the rear (adjacent to the
public alley) will have a new front setback of 10-feet, 10-inches. The front setback is
measured from the newly created lot line.
10. The floor area ratio of the new single-family residence (approximately 2,032 square
foot) on the newly created lot will be 0.58. The existing single-family residence
(approximately 2,107 square feet) on the rear lot will be 0.56 FAR. The overall floor
area ratio will be 0.57.
11. The Proposed Project would be consistent with the following General Plan policies and
strategies:
Policy LU-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 Tentative Subdivision Map will allow creation of two privately held
parcels for fee title ownership.
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
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189 Sunnyside Avenue
loading and unloading facilities; the circulation patterns within the boundaries of the
development, and; the surfacing and lighting of the off-street parking facilities.
14. 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.
15. There is a reasonable relationship and a rough proportionality between the Conditions
of Approval and the impacts of the project.
16. 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, the City Council further finds and concludes
that:
Tentative Subdivision Map Findings (Govt. Code § 66410 et seq.):
1. That the proposed map is consistent with applicable general and specific plans;
2. That the design or improvement of the proposed subdivision is consistent with
applicable general and specific plans;
3. That the site is physically suitable for the type of development;
4. That the site is physically suitable for the proposed density of development;
5. That the design of the subdivision or the propose improvements are not likely to cause
substantial environmental damage or substantially and avoidably injure fish or wildlife
or their habitat;
6. The design of the subdivision or the type of improvements will not cause serious public
health problems; and
7. The design of the subdivision or the type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of property
within the proposed subdivision or that alternative easements for access will be
provided, and that these will be substantially equivalent to ones previously acquired
by the public;
Planned Development Permit Findings (CMC Sec. 21.12.030.H.6)
8. 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;
9. The proposed development will be compatible with the General Plan of the City and
will aid in the harmonious development of the immediate area;
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189 Sunnyside Avenue
10. 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;
11. The proposed development will not be detrimental to the health, safety or welfare of
the neighborhood or the City as a whole;
Environmental Findings (CMC Sec. 21.38.050):
12. This project is 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 and zoning regulations,
are under five acres in size, and substantially surrounded by urban uses; and
13. There are no unusual circumstances that would prevent the project from qualifying as
Categorically Exempt per Section 15300.2 of the CEQA Guidelines, including
specifically that the subject property does not contain an "historical resource" under
CEQA.
THEREFORE, BE IT RESOLVED that the City Council approves a Tentative Subdivision
Map and Planned Development Permit to allow a subdivision from 1 lot to 2 lots and
construction of an approximately 2,032 square foot new two-story single-family residence
on the newly created lot, on property located at 189 Sunnyside Avenue, 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
APPROVEQ:J o)b
Susan M. Land or
ATTEST: 14/491 . Z 1/11/,
Andrea Sanders, City Clerk
EXHIBIT A
CONDITIONS OF APPROVAL
Tentative Subdivision Map and 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 and
Tentative Subdivision Map (PLN-2023-136) to allow a subdivision from 1 lot to 2
lots and construction of an approximately 2,032 square-foot new two-story single-
family residence on the newly created lot, for property located at 189 Sunnyside
Avenue. The Approved Project shall substantially conform to the Approved Project
Plans, included as Attachment 'B', in the January 9, 2024, Planning Commission
Staff Report, except as may be modified by conditions of approval contained
herein.
2. Permit Expiration: The Planned Development Permit approved herein ("Approval")
shall be valid for two (2) years from the effective date of City Council approval
(expiring May 2, 2025). Within this two-year period a Building Permit for the project
must be issued pursuant to CMC Sec. 21.56.030.B.1. Failure to meet this deadline
or expiration of an issued Building Permit shall result in the Approval being rendered
void.
3. Parcel Map: Exercise of this Approval is contingent upon recordation of the Parcel
Map associated with the Tentative Subdivision Map for the Approved Project. The
Parcel Map shall be recorded prior to the issuance of building permits for the
construction of the new single-family residence. However, the Parcel Map may not
be recorded if the Planned Development Permit expires or is otherwise rendered
void.
4. 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 pass inspection without prior authorization of the necessary
approving body.
5. Accessory Dwelling Unit: A building permit application must be submitted and
accepted for an accessory dwelling unit or junior accessory dwelling unit located on
either the front lot or the rear lot prior to the issuance of building permits for the
construction of the new single-family residence. The accessory dwelling unit or
junior accessory dwelling unit shall receive Building Permit final prior to the Building
Permit final for the new single-family residence. If the accessory dwelling unit or
junior accessory dwelling unit is attached to the new single-family residence, the
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189 Sunnyside Avenue
accessory dwelling unit or junior accessory dwelling unit shall receive concurrent
Building Permit final as the new single-family residence.
a. In the event the parcel map is recorded but building permits for construction
for the new single-family residence are not issued, a certificate of occupancy
and/or Building Final shall be obtained for the accessory dwelling unit or
junior accessory dwelling unit (located on the rear lot) within 2 years of this
approval. The property owner of the rear lot shall be obligated to fulfill this
requirement.
6. 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.
7. Water Efficient Landscape Standards: As a new construction project with a total
project landscape area of less than 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 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. On-Site Lighting: On-site lighting shall be shielded away from adjacent properties
and directed on-site in compliance with the City of Campbell Lighting Design
Standards (CMC Sec. 21.18.090).
9. Fences/Walls: Any newly proposed fencing and/or walls shall comply with CMC
Section 21.18.060.
10.Property Maintenance: The property is to be maintained free of 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 (Section 11.201 and
11.414, 1985 Ed. Uniform Fire Code).
Building Division
11.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.
12.Conditions of Approval: The Conditions of Approval shall be stated in full on the
cover sheet of construction plans submitted for the building permit.
13.Construction Fencing: The property shall be properly enclosed with construction
fencing to prevent unauthorized access to the site during construction. The
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189 Sunnyside Avenue
construction site shall be secured to prevent vandalism and/or theft during hours
when no work is being done.
14.Construction Hours/Fines/Stop Work Notice(s): 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.
15.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.
16.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.
PUBLIC WORKS DEPARTMENT
17.Frontage Improvements: The scope of this project triggers the requirement for
Frontage Improvements as required by Campbell Municipal Code 11.24.040.
However, the frontage has already been improved with a prior project. The
applicant will be responsible to repair any improvements damaged during
construction.
18.Construction Drawings: The applicant shall submit the following permit applications
prior to, or concurrent with the main Building permit application:
a. Parcel Map: The subdivision map documents required for this project shall •
be submitted for review by the City Surveyor as detailed here:
https://www.campbellca.qov/DocumentCenterNiew/18612.
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19.Parcel Map: Prior to issuance of any grading or building permits for the project,
the applicant shall submit a Parcel Map for recordation upon approval by the City,
pay various fees/deposits and submit the map in a digital format acceptable to the
City.
20.Monumentation for Parcel Map: Prior to recordation of the Parcel Map, the
applicant shall provide a cash deposit (100% of the monument estimate) for
setting all monuments shown on the map. Monuments shall be set per section
20.76.010 of the Campbell Municipal Code including but not limited to setting
permanent pipe monuments (three-fourths inch galvanized steel pipe two feet long
approximately six inches below finished grade) at each boundary of all lot corners
within a subdivision, along the exterior boundary lines at intervals of approximately
five hundred feet and at all beginning of curves and ending of curves on property
lines, and monument boxes at intersections of all street monument line tangents.
21.Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and
sewer cleanout(s) shall be relocated or installed on private property behind the
public right-of-way line.
22.Utility Coordination Plan: Prior to issuance of building permits for the site, the
applicant shall submit a utility coordination plan and schedule for approval by the
City Engineer for installation and/or abandonment of all utilities. The plan shall
clearly show the location and size of all existing utilities and the associated main
lines; indicate which utilities and services are to remain; which utilities and
services are to be abandoned, and where new utilities and services will be
installed. Joint trenches for new utilities shall be used whenever possible.
23.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
(https://www.ci.campbell.ca.us/219) has detailed information on the streets
currently under moratorium and the enhanced restoration requirements.
24.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.
25.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
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189 Sunnyside Avenue
26.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.
27.Fire Sprinklers Required: An automatic `residential fire sprinkler system shall be
installed in all new one- and two-family dwellings. Noted on sheet A0.
28.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
29.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 (Section 11.201
and 11.414, 1985 Ed. Uniform Fire Code).
EXHIBIT B
CONDITIONS OF APPROVAL
TENTATIVE SUBDIVISION MAP
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 and
Tentative Subdivision Map (PLN-2023-136) to allow construction of a new two-story
single-family residence, approximately 2,032 square on a newly created lot, for
property located at 189 Sunnyside Avenue. The Approved Project shall substantially
conform to the Approved Project Plans, included as Attachment 'B', in the January 9,
2024, Planning Commission Staff Report, except as may be modified by conditions of
approval contained herein.
2. Permit Expiration: The Planned Development Permit approved herein ("Approval")
shall be valid for two (2) year from the effective date of City Council approval (expiring
May 2, 2025). Within this two-year period a Building Permit for the project must be
issued pursuant to CMC Sec. 21.56.030.B.1. Failure to meet this deadline or expiration
of an issued Building Permit shall result in the Approval being rendered void.
3. Planned Development Permit: The Tentative Subdivision Map is contingent upon
approval of the associated Planned Development Permit. However, a Parcel Map may
not be recorded if the Planned Development Permit expires or is otherwise rendered
void.
4. Parcel Map: The parcel map and associated easements must be recorded prior to the
issuance of building permits for the newly constructed single-family residence.
5. Property Maintenance: The property is to be maintained free of any combustible trash,
debris, and weeds until that 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(Section 11.201 and 11.414, 1985
Ed. Uniform Fire Code).
PUBLIC WORKS DEPARTMENT:
6. Frontage Improvements: The scope of this project triggers the requirement for
Frontage Improvements as required by Campbell Municipal Code 11.24.040. However,
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189 Sunnyside Avenue
the frontage has already been improved with a prior project. The applicant will be
responsible to repair any improvements damaged during construction.
7. Construction Drawings: The applicant shall submit the following permit applications
• prior to, or concurrent with the main Building permit application:
a. Parcel Map: The subdivision map documents required for this project shall
be submitted for review by the City Surveyor as detailed here:
https://www.campbellca.gov/DocumentCenterNiew/18612.
8. Parcel Map: Prior to issuance of any grading or building permits for the project, the
applicant shall submit a Parcel Map for recordation upon approval by the City, pay
various fees/deposits and submit the map in a digital format acceptable to the City.
9. Monumentation for Parcel Map: Prior to recordation of the Parcel Map, the applicant
shall provide a cash deposit (100% of the monument estimate) for setting all
monuments shown on the map. Monuments shall be set per section 20.76.010 of the
Campbell Municipal Code including but not limited to setting permanent pipe
monuments (three-fourths inch galvanized steel pipe two feet long approximately six
inches below finished grade) at each boundary of all lot corners within a subdivision,
along the exterior boundary lines at intervals of approximately five hundred feet and at
all beginning of curves and ending of curves on property lines, and monument boxes
at intersections of all street monument line tangents.
10.Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and
sewer cleanout(s) shall be relocated or installed on private property behind the public
right-of-way line.
11.Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant
shall submit a utility coordination plan and schedule for approval by the City Engineer
for installation and/or abandonment of all utilities. The plan shall clearly show the
location and size of all existing utilities and the associated main lines; indicate which
utilities and services are to remain; which utilities and services are to be abandoned,
and where new utilities and services will be installed. Joint trenches for new utilities
shall be used whenever possible.
12.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
(https://www.ci.campbell.ca.us/219) has detailed information on the streets currently
under moratorium and the enhanced restoration requirements.
13.Utility Encroachment Permit: Separate encroachment permits for the installation of
utilities to serve the development will be required (including water, sewer, gas, electric,
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189 Sunnyside 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.
14.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.