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PC Res 4704RESOLUTION NO. 4704 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A VARIANCE AND A SITE AND ARCHITECTURAL REVIEW PERMIT TO ALLOW CONSTRUCTION OF A TWO-STORY, APPROXIMATELY 1,471 SQUARE-FOOT SINGLE-FAMILY DWELLING, WITH SUBSTANDARD STREET-SIDE AND INTERIOR-SIDE SETBACKS AND AN INCREASE TO THE ALLOWABLE FLOOR AREA RATIO (FAR), INCLUDING RETENTION AND ALTERATION OF AN EXISTING DETACHED NON-CONFORMING GARAGE, ON PROPERTY LOCATED AT 68 PAGE STREET. FILE NO.: PLN-2022-101 After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission of the City of Campbell does ordain as follows: 1. The Project Site is zoned R-1-6 (Single-Family Residential – 6,000 sq. ft. min. lot size) 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 a 3,415 square-foot residential parcel located at southeast corner of Page Street and Maple Avenue. 4. The Project Site is developed with a partially constructed dwelling, which was an unpermitted reconstruction of a prior dwelling. 5. The Proposed Project is an application for a Variance and Site and Architectural Review Permit to allow construction of a 2-story, approximately 1,471 square-foot single-family dwelling, with substandard street-side and interior-side setbacks and an increase to the allowable floor area ratio (FAR), including retention and alteration of an existing detached non-conforming garage. 6. The Project Site, in comparison to the development standards of the R-1-6 (Single- Family Residential – 6,000 sq. ft. min. lot size) Zoning District is 57% of the minimum lot size (3,415 sq. ft. v. than 6,000 sq. ft.) and 46.5% of the minimum lot width (28-ft v. 60 ft.). As a result, the Project Site's Depth-to-Width ratio is 4.28 (120 ft. ÷ 28 ft.) compared to 1.6 of the standard R-1-6 lot (100 ft. ÷ 60 ft.), rendering it unusually narrow. 7. Requiring conformance with a 12-foot street-side setback in combination with the interior side setback, would preclude construction of a single-family dwelling by resulting in an 11-foot-wide building envelope. 8. The scope of the Variance requests includes allowance to structurally alter an existing detached garage not otherwise allowed by CMC Sec. 21.58.050.C. Planning Commission Resolution No. 4704 Page 2 of 3 68 Page Street ~ Variance + S/A Review Permit (PLN-2024-3) 9. Allowance of an increase to a 0.49 FAR, as allowed by CMC Sec. 21.08.050, allows for dwelling of a functional size commensurate to abutting structures. 10. The precise placement and size of second-story windows was a basis for a condition of approval for the project in order to the ensure the privacy of adjacent properties, such that future changes to window placement size shall constitute a "major change" pursuant to CMC Sec. 21.56.060. 11. The setback reduction is the minimum necessary deviation from the applicable development standards necessary for the property owner to enjoy use of the property in the same manner as owners of other properties classified in the same zoning district. 12. Allowing a setback reduction commensurate with the substandard lot width recognizes that this unusual parcel condition does not generally apply to comparably zoned properties. 13. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. 14. No substantial evidence has been presented which shows that the Proposed Project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. 15. The Proposed Project is not subject to a parking requirement pursuant Government Code § 65863.2, which precludes the City from imposing or enforcing a parking requirement for a development project located within one-half mile of public transit. The Project Site is within one-half mile of the Downtown Campbell Light-Rail Station. Based upon the foregoing findings of fact and pursuant, the City Council further finds and concludes that: Variance Findings (CMC Sec. 21.48.040.B) 1. The strict or literal interpretations and enforcement of the specified regulation(s) would result in a practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Zoning Code. 2. The strict or literal interpretations and enforcement of the specified regulation(s) would deprive the applicant of privileges enjoyed by the owners of other properties classified in the same zoning district. 3. There are exceptional or extraordinary circumstances or conditions applicable to the subject property (i.e. size, shape, topography) which do not apply generally to other properties classified in the same zoning district. 4. The granting of the Variance will not constitute a grant of special privileges inconsistent with the limitations on other properties classified in the same zoning district. 5. The granting of the Variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the area. Planning Commission Resolution No. 4704 Page 3 of 3 68 Page Street ~ Variance + S/A Review Permit (PLN-2024-3) Site and Architectural Review Permit Findings (Sec. 21.42.060.B) 6. The project will be consistent with the General Plan. 7. The project conforms with the Zoning Code. 8. The project will aid in the harmonious development of the immediate area. 9. The project is consistent with applicable adopted design guidelines, development agreement, overlay district, area plan, neighborhood plan, and specific plan(s). FAR Increase Findings (CMC Sec. 21.08.050) 10. The perceived scale and mass of the home is compatible with the adjacent homes and the homes in the surrounding area. 11. The home minimizes the use of design features that make it appear significantly larger than the adjacent homes and the homes in the surrounding area. Environmental Findings (CMC Sec. 21.38.050): 12. The project is Categorically Exempt under Section 15303, Class 3 of the California Environmental Quality Act (CEQA), pertaining to the construction of single-family dwellings. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Variance and Site and Architectural Review Permit to allow construction of a 2-story, approximately 1,471 square-foot single-family dwelling, with substandard street-side and interior-side setbacks and an increase to the allowable floor area ratio (FAR), including retention and alteration of an existing detached non-conforming garage, for property located at 68 Page Street, subject to the attached Conditions of Approval (attached Exhibit "A"). PASSED AND ADOPTED this 23rd day of April, 2024, by the following roll call vote: AYES: Commissioners: Zisser, Kamkar, Krey, Buchbinder, Ostrowski, Fields, Majewski NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: APPROVED: Alan Zisser, Chair ATTEST: Rob Eastwood, Secretary Alan Zisser (Apr 24, 2024 16:38 PDT) EXHIBIT A CONDITIONS OF APPROVAL Variance (PLN-2024-3) 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 1. Approved Project: Approval is granted for a Variance and Site and Architectural Review Permit to allow construction of a 2-story, approximately 1,471 square-foot single-family dwelling, with substandard street-side and interior-side setbacks and an increase to the allowable floor area ratio (FAR), including retention and alteration of an existing detached non-conforming garage, for property located at 68 Page Street. The project shall substantially conform to the Project Plans included as Attachment No. B in the April 23, 2024, Planning Commission Staff Report, as augmented by the additional plan-sheets included in the Desk Item Memorandum of the same date, except as may be modified by conditions of approval contained herein. 2. Permit Expiration: The Variance and Site and Architectural Review Permit approved herein ("Approval") shall be valid for one year from the effective date of Planning Commission action (expiring May 3, 2024). Within this one-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. 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, except that the size and placement of windows shall not be altered, except as required to satisfy egress requirements of the California Building Code. 4. Expansion: The approved structure shall not be permitted to exercise the setback exception for non-conforming structures provided for in Section 21.58.050.F (Exceptions). Any expansion of the structure shall conform to all applicable development standards for the R-1-6 Zoning District. 5. 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 (MWELO) and may comply with the Prescriptive Compliance Option in Appendix D. This document is available at: http://www.cityofcampbell.com/DocumentCenter/View/176 or on the Planning Division’s Zoning and Land Use webpage through www.cityofcampbell.com. The building permit application submittal shall demonstrate compliance with the applicable MWELO and landscaping requirements and shall include the following: Conditions of Approval – 68 Page St. Page 2 of 5 PLN-2022-101 ~ Variance 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.” 6. Fences/Walls: Any newly proposed fencing and/or walls shall comply with Campbell Municipal Code Section 21.18.060 and shall be submitted for review and approval by the Community Development Department. 7. 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. 8. 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. 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 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. 10. 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. Conditions of Approval – 68 Page St. Page 3 of 5 PLN-2022-101 ~ Variance 11. 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. Building Division 12. Permit Required: A Building Permit application shall be required for the proposed project. The Building Permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 13. Conditions of Approval: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. PUBLIC WORKS DEPARTMENT 14. Scope of Review: The scope of this project triggers the requirement for Frontage Improvements as required by Campbell Municipal Code 11.24.040. The City has recently installed an ADA curb ramp at the corner of Page Street and Maple Avenue, relieving the applicant of that work. However, the existing curb and sidewalk along the Page Street frontage is in poor condition and will need to be reconstructed as part of this project. The new curb shall also be painted red to limit parking at the corner of the intersection. The existing water meter box is damaged and will need to be replaced as part of the sidewalk work. If a new water service is required due to the fire sprinkler requirements, then the new water meter shall be installed on the property, behind the right-of-way line – similar to the sanitary sewer cleanout. 15. Storm Drain Area Fee: Prior to issuance of any building permits for the site, the applicant shall pay the required Storm Drain Area fee, currently set at $2,120.00 per net acre, which is $168.54 (set for R-1 land use). 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, 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): Any new water meter(s) and sewer cleanout(s) shall be installed on private property behind the public right-of-way line. Conditions of Approval – 68 Page St. Page 4 of 5 PLN-2022-101 ~ Variance 18. Pavement Restoration: The applicant shall restore the pavement in compliance with City standard requirements. Both Page Street and Maple Avenue have recently received a pavement treatment, and as such the project will be subject to the City’s Street Cut Moratorium. Any new pavement cuts will require the applicant 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. 19. Plans / Encroachment Permit / Fees / Deposits: Prior to issuance of any building permits for the site, the applicant shall cause plans for public street improvements to be prepared, pay various fees and deposits, post security 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, unless otherwise approved by the City Engineer: a. Show location of all existing utilities within the new and existing public right of way. b. Remove existing curb and sidewalk along the Page Street frontage and construct City standard curb, gutter, and sidewalk consistent with the recently constructed ADA ramp improvements at the corner of Page and Maple. c. Paint curb red along the Page Street frontage. d. Replace any damaged or non-ADA compliant curb, gutter and sidewalk along the Maple frontage. e. Install new water meter box to grade – if this water meter is to remain. Otherwise, install new water meter on private property behind the right-of-way line. f. Installation of park-strip landscaping, including necessary irrigation to maintain the plantings. g. Fix any broken sidewalk along project frontage. h. Construction of conforms to existing public and private improvements, as necessary. 20. Street Improvements Completed for Occupancy and Building Permit Final: Prior to allowing occupancy and/or final building permit signoff, the applicant shall have the required street improvements installed and accepted by the City. 21. Maintenance of Landscaping: Owner(s), current and future, are required to maintain the landscaped park strip and tree wells in the public right of way. This includes, but is not limited to: trees, lawn, plantings, irrigation, etc. Trees shall not be pruned in a manner that would not allow the tree to grow to a mature height. 22. Utility Encroachment Permit: Separate encroachment permits for the installation of utilities to serve the development will be required (including water, sewer, gas, electric, etc.). Applicant shall apply for and pay all necessary fees for utility permits for sanitary sewer, gas, water, electric and all other utility work. Conditions of Approval – 68 Page St. Page 5 of 5 PLN-2022-101 ~ Variance FIRE DEPARTMENT 23. Formal Plan Review: The California Fire (CFC) and Building (CBC) Code, 2022 edition, as adopted by the City of Campbell Municipal Code (CMC) and California Code of Regulations (CCR). 24. Fire Sprinklers Required: In all new one- and two-family dwellings. Note on Sheet A-0.1. 25. Required Fire Flow: The fire flow for this project is 500 GPM at 20 psi residual pressure since an automatic fire sprinkler system will be installed. Note: The minimum required number and spacing of the hydrants shall be in accordance with CFC Table C102.1. Letter received. Hydrant is capable of meeting fire flow. 26. Construction Site Fire Safety: 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. 27. 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 that purveyor as having been met by the applicant(s). 2019 CFC Sec. 903.3.5 and Health and Safety Code 13114.7. 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 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. Reso No. 4704 - 68 Page St. Final Audit Report 2024-04-24 Created:2024-04-24 By:Ken Ramirez (kenr@campbellca.gov) Status:Signed Transaction ID:CBJCHBCAABAAUBLYNgvk852V31CTLrsHgV7jI-l1ZWws "Reso No. 4704 - 68 Page St." History Document created by Ken Ramirez (kenr@campbellca.gov) 2024-04-24 - 5:49:34 PM GMT Document emailed to Daniel Fama on behalf of Rob Eastwood (danielf@campbellca.gov) for signature 2024-04-24 - 5:49:38 PM GMT Document emailed to Alan Zisser (alanzisser@gmail.com) for signature 2024-04-24 - 5:49:38 PM GMT Email viewed by Daniel Fama on behalf of Rob Eastwood (danielf@campbellca.gov) 2024-04-24 - 5:52:05 PM GMT Document e-signed by Daniel Fama on behalf of Rob Eastwood (danielf@campbellca.gov) Signature Date: 2024-04-24 - 5:52:13 PM GMT - Time Source: server Email viewed by Alan Zisser (alanzisser@gmail.com) 2024-04-24 - 11:37:37 PM GMT Document e-signed by Alan Zisser (alanzisser@gmail.com) Signature Date: 2024-04-24 - 11:38:32 PM GMT - Time Source: server Agreement completed. 2024-04-24 - 11:38:32 PM GMT