PC Res 3628
RESOLUTION NO. 3628
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL GRANTING A SITE AND ARCHITECTURAL
REVIEW PERMIT (PLN2004-182) TO ALLOW THE CONSTRUCTION
OF A NEW SINGLE-FAMILY RESIDENCE AND RETENTION OF AN
EXISTING SECONDARY LIVING UNIT ON PROPERTY OWNED BY
MR. JACOB SAID IAN LOCATED AT 1360 HARRIET AVENUE IN AN
R-1-9 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT.
APPLICATION OF MR. JACOB SAIDIAN. FILE NO. PLN2004-182.
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 did find as follows
with respect to application PLN2004-182:
1. The density of the proposed project site is 2.0 per gross acre. The project density is consistent
with the General Plan land use designation of Low Density Residential (less than 4.5 units
per gross acre.) No change in residential density is proposed with this project.
2. The proposed project is consistent with the R-1-9 (Single-Family Residential, 9,000 square
foot minimum) Zoning District for lot size and meets the minimum setbacks, height
restriction, building coverage, floor area ratio, and parking requirements of the R-1-9 Zoning
District.
3. The project is consistent with the development standards and design guidelines of the San
Tomas Area Neighborhood Plan.
4. The project consists of a 5,849 square foot residence (including a 1,252 square foot
basement, 2,856 sq. ft. first floor, a 1,056 second floor, a 685 square foot garage) and the
secondary living unit (including a 620 square foot living area and a 400 square foot storage
area) with a project building coverage of 31 % and Floor Area Ratio of 37%. A twenty foot
setback is provided for the front yard, a twelve foot setback is provided for the street side
yard and a twenty-five foot setback is provided to the rear property line.
5. The project provides three covered and two uncovered parking spaces for the proposed
residence and secondary unit thus satisfying the parking requirements of two parking spaces
per unit.
6. The proposed project is well designed and is architecturally compatible with the surrounding
neighborhood.
7. The proposed new residence incorporate representative architectural features of homes in the
San Tomas Neighborhood including hipped and gable forms, an attached garage,
composition roofing, and stucco siding.
Planning Commission Resolution No. 3628
PLN2004-182 -1360 Harriet Avenue - New Single-Family Residence
Page 2
8. The proposed project is surrounded by single-family residential uses to the north, south, east
and west.
9. The project qualifies as Categorically Exempt under Section 15303, Class 3 of the California
Environmental Quality Act (CEQA) pertaining to the construction of a single-family
residence in an urbanized area.
10. In absence of complete compliance to current setbacks for the second living unit, the
proposed development would be detrimental to the health, safety and welfare of the general
neighborhood.
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The proposed proj ect is consistent with the General Plan and Zoning Ordinance.
2. The proposed project, as conditioned, will aid in the harmonious development of the
immediate area.
3. No substantial evidence has been presented from which a reasonable argument could be
made that shows that the project, as currently presented and subject to the required
Conditions of Approval, will have a significant adverse impact on the environment.
4. The proposed development will not be detrimental to the health, safety or welfare of the
neighborhood or the City as a whole.
5. There is a reasonable relationship between the use of the fees imposed upon the project and
the type of development project.
6. There is a reasonable relationship and a rough proportionality between the Conditions of
Approval and the impacts of the project.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves a Site and
Architectural Review Permit (PLN2004-182) to allow the construction of a new single-family
residence and retention of an existing secondary living unit on property owned by Mr. Jacob
Saidian located at 1360 Harriet Avenue in an R-1-9 (Single Family Residential) Zoning
District, subject to the following conditions:
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.
Planning Commission Resolution No. 3628
PLN2004-182 -1360 Harriet Avenue - New Single-Family Residence
Page 3
COMMUNITY DEVELOPMENT DEPARTMENT
Plannini! Division:
1. Proiect Approval: Approval is granted for a Site and Architectural Review Permit (PLN2004-
182) allowing the construction of a new two-story single-family residence and the retention
of a secondary living unit on property located at 1360 Harriet Avenue. The project shall
substantially conform to the project exhibits listed below; except as may be modified by the
conditions of approval contained herein.
a.
Project plans prepared by Louis Dorcich, dated December 1, 2004 and received by the
Planning Division on January 19, 2004, including a site plan, floor plans, roof plan,
conceptual landscape plan and elevations.
Color/material board received by the Planning Division on January 3,2005.
b.
c.
Subject to the secondary living unit being made to conform to current zoning and
setback standards.
2. Approval Expiration: The Site and Architectural Review Permit approval shall be valid for a
period of one year from the date of final approval. Within this one-year period, a building
permit must be obtained and construction completed one year thereafter or the Site and
Architectural Review Permit shall be void.
3. Roof Venting: The applicant shall coordinate mechanical and equipment improvement plans
to minimize the number of roof vents that are visible from the street frontage. The applicant
shall submit plans demonstrating the clustering of mechanical venting and the routing of
ventilation systems within the building when possible to the satisfaction of the Community
Development Director, prior to the issuance of building permits.
4. Prominence of Garage Door: The applicant shall provide decorative car garage doors to
reduce the scale of the garage doors due to its prominence on the front elevation. The door
design shall be reviewed and approved by the Community Development Director prior to the
issuance of building permits.
5. Landscaping: The applicant shall submit a landscape plan to the Planning Division, prior to
the issuance of building permits, which shows the required one (1) tree per 2,000 square feet
of net lot area of the subject property. Existing trees within the net lot area of the subject
property may be included in the total. All new trees shall be planted within the net lot area
and shall be planted prior to issuance of a Certificate of Occupancy:
. Protection of existing retained trees;
. Provision of six new trees; and
. Installation of fencing consistent with local ordinances.
Planning Commission Resolution No. 3628
PLN2004-182 -1360 Harriet Avenue - New Single-Family Residence
Page 4
6. 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.)
7. Parking and Driveways: All parking and driveway areas shall be developed in compliance
with the approved plans and Chapter 21.28 (Parking and Loading) of the Campbell
Municipal Code.
8. Fences: Any existing or new fencing shall comply with Section 21.18.060 of the Campbell
Municipal Code. Fencing along the property lines shall be replaced with a new fence at the
expense of the applicant, unless it is determined to be in good condition by the Community
Development Director. New fences along the Harriet and Walter Avenue frontages shall be
of wood construction.
9. Deed Restriction: The applicant shall record a deed restriction that stipulates that not more
than one dwelling unit on the parcel shall be rented or leased and that one of the dwelling
units shall be owner occupied at all times.
10. Construction Hours: Construction activities shall be limited to the hours of 8:00 a.m. to 5:00
p.m. weekdays and 9:00 a.m. to 4:00 p.m. Saturdays. Construction is prohibited on Sundays
and Holidays unless an exception is granted by the Building Official.
11. 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.
Buildini! Division:
12. Permits Required: A building permit application shall be required for each proposed new
structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such
work is part of the permit.
13. Plan Preparation: This project requires plans prepared under the direction and oversight of a
California licensed Engineer or Architect. Plans submitted for building permits shall be "wet
stamped" and signed by the qualifying professional person.
14. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of
construction plans submitted for building permit.
15. Size of Plans: The size of construction plans submitted for building permits shall be 24
inches X 36 inches.
Planning Commission Resolution No. 3628
PLN2004-182 -1360 Harriet Avenue - New Single-Family Residence
Page 5
16. Soils Report: Two copies of a current soils report, prepared to the satisfaction of the
Building Official, containing foundation and retaining wall design recommendations shall be
submitted with the building permit application. This report shall be prepared by a licensed
engineer specializing in soils mechanics.
17. Site Plan: Application for building permit shall include a competent site plan that identifies
property and proposed structures with dimensions and elevations as appropriate. Site plan
shall also include site drainage details.
18. Foundation Inspections: A pad certificate prepared by a licensed civil engineer or land
surveyor shall be submitted to the project building inspector upon foundation inspection.
This certificate shall certify compliance with the recommendations as specified in the soils
report and the building pad elevation and on-site retaining wall locations and elevations are
prepared according to approved plans. Horizontal and vertical controls shall be set and
certified by a licensed surveyor or registered civil engineer for the following items:
a.
b.
c.
pad elevation
finish floor elevation (first floor)
foundation corner locations
19. Title 24 Energy Compliance: California Title 24 Energy Compliance forms CF-IR and MF-
lR shall be blue-lined on the construction plans. 8Y:z" X 11" calculations shall be submitted
as well.
20. Special Inspections: When a special inspection is required by UB.C. Section 1701, the
architect or engineer of record shall prepare an inspection program that shall be submitted to
the Building Official for approval prior to issuance of the building permits, in accordance
with UB.C. Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from
the Building Inspection Division Counter.
21. Pollution Prevention: The City of Campbell, standard Santa Clara Valley Non-point Source
Pollution Control Program specification sheet shall be part of plan submittal. The
specification sheet (size 24" X 36") is available at the Building Division service counter.
22. Approvals Required: The project requires the following agency approval prior to issuance of
the building permit:
a.
b.
c.
d.
West Valley Sanitation District (378-2407)
Santa Clara County Fire Department (378-4010)
Bay Area Air Quality Management District (Demolitions Only)
School District:
i) Campbell Union School District (378-3405)
ii) Campbell Union High School District (371-0960)
iii) Moreland School District (379-1370)
Planning Commission Resolution No. 3628
PLN2004-182 -1360 Harriet Avenue - New Single-Family Residence
Page 6
iv) Cambrian School District (377-2103)
Note: To determine your district, contact the offices identified above. Obtain the
School District payment form from the City Building Division, after the Division has
approved the building permit application.
23. P.G.&E.: The applicant is advised to contact P.G.&E. as early as possible in the approval
process. Service installations, changes and/or relocations may require substantial scheduling
time and can cause significant delays in the approval process. The applicant should also
consult with P.G.&E. concerning utility easements, distribution pole locations and required
conductor clearances.
24. Construction Fencing: This project 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.
All protected trees shall be fenced to prevent damage to root systems.
PUBLIC WORKS DEPARTMENT
25. Preliminary Title Report: Prior to issuance of any grading or building permits for the site,
the applicant shall provide a current Preliminary Title Report.
26. 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 for public street purposes along the S. Harriet Avenue and Walters Avenue
frontage to accommodate a 30' half street width and a 20' half street width, respectively. The
southeast corner of S. Harriet Avenue and Walters Avenue shall have a 20' radius right-of-
way. The applicant shall submit the necessary documents for approval by the City Engineer,
process the submittal with City staffs comments and fully complete the right-of-way
process. The applicant shall cause all documents to be prepared by a registered civil
engineerlland surveyor, as necessary, for the City's review and recordation.
27. Public Service Easement: Prior to issuance of any grading or building permits for the site,
the applicant shall grant a 10' public service easement contiguous with the public right-of-
way along the S. Harriet Avenue and Walters Avenue frontage. 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.
28. Street Improvements: Prior to issuance of any grading or building permits for the site, the
applicant shall execute a street improvement agreement, cause plans for public street
improvements to be prepared by a registered civil engineer, 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:
Planning Commission Resolution No. 3628
PLN2004-182 -1360 Harriet Avenue - New Single-Family Residence
Page 7
S. Harriet Avenue
a. Show location of all existing utilities within the new and existing public right of way.
b. Relocation of all existing utilities including utility boxes, covers, poles, etc. outside of
pavement, curb, gutter and sidewalk area. No utility boxes, covers, poles, etc. will be
allowed in the pavement, curb, gutter or sidewalk area.
c. Removal of existing street section to 3 feet west of centerline.
d. Installation of engineered structural pavement section to 3 feet west of centerline, as
required by the City Engineer.
e. Installation of City standard curb and sidewalk.
f. Installation of traffic control, stripes and signs.
g. Installation of ADA compliant curb ramp at the southeast corner of S. Harriet Avenue
and Walters Avenue.
h. Construction of conforms to existing public and private improvements, as necessary.
Walters Ave:
a. Show location of all existing utilities within the new and existing public right of way.
b. Relocation of all existing utilities including utility boxes, covers, poles, etc. outside of
pavement, curb and gutter area. No utility boxes, covers, poles, etc. will be allowed in the
pavement, curb or gutter area.
c. Removal of existing street section to centerline.
d. Installation of engineered structural pavement section to centerline of Walters Avenue, as
required by the City Engineer.
e. Installation of City standard rolled curb and gutter. The edge of pavement shall be a
consistent 16' from centerline along the property's Walters Avenue frontage.
r. Installation of traffic control, stripes and signs.
g. Construction of conforms to existing public and private improvements, as necessary.
29. Occupancy: Prior to allowing occupancy for any and/or all buildings, the applicant shall
have the required street improvements installed and accepted by the City.
30. 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.
31. Utilities: All on-site utilities shall be installed underground per Section 21.18.140 of the
Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall
comply with all plan submittals, permitting, and fee requirements of the serving utility
companIes.
32. 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
Planning Commission Resolution No. 3628
PLN2004-182 -1360 Harriet Avenue - New Single-Family Residence
Page 8
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.
33. Pavement Restoration: Based on the utility coordination plan, the applicant shall prepare a
pavement restoration plan for approval by the City Engineer prior to any utility installation or
abandonment. Streets that have been reconstructed or overlaid within the previous five years
will require boring and jacking for all new utility installations. S. Harriet Avenue and Walters
Avenue have not been reconstructed or overlaid in the last 5 years. The pavement restoration
plan shall indicate how the street pavement shall be restored following the installation or
abandonment of all utilities necessary for the project.
34. Storm Drain Area Fee: Prior to issuance of any grading or building permits for the site, the
applicant shall pay the required Storm Drain Area fee, currently set at $2,060.00 per net acre,
which is $772.00.
COUNTY FIRE DEPARTMENT
35. Preliminary Review: Review of this development proposal is limited to acceptability of site
access and water supply as they pertain to fire department operations and shall not be
construed as a substitute for formal plan review to determine compliance with adopted model
codes. Prior to performing any work, the applicant shall make application to, and receive
from, the Building Division all applicable construction permits.
36. Premises Identification: Approved numbers or addresses shall be placed on all new and
existing buildings in such a position as to be plainly visible and legible from the street or
road fronting the property. Numbers shall contrast with their background.
PASSED AND ADOPTED this 25th day of January, 2005, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Alderete, Doorley, Francois, Rocha and Roseberry
None
Gibbons
None
~
APPROVED: t~VI k
. -
~ 'f~ Bob Alderete, Acting ChaIT
ATTEST: