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