PC Res 3673
RESOLUTION NO. 3673
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL RECOMMENDING APPROVAL OF A PLANNED
DEVELOPMENT PERMIT (PLN2005-49) TO ALLOW THE REMOVAL
OF A HOME ON THE CITY'S HISTORIC RESOURCES INVENTORY
AND THE CONSTRUCTION OF FOUR SMALL LOT SINGLE FAMILY
RESIDENCES ON PROPERTY OWNED BY MS. SAMEENA BAIG
LOCATED AT 68 SUNNYSIDE AVENUE IN A P-D (PLANNED
DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. JOSE A.
MARTINEZ, ON BEHALF OF MR. TONY BAIG. FILE NO. PLN2005-49.
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 PLN2005-49:
1. The density of the proposed project site is 8.5 units per gross acre, which is
consistent with the General Plan land use designation of Low-Medium Density
Residential (6-13 units per gross acre).
2. The proposed project is consistent with the Planned Development Zoning
Ordinance.
3. The site plan proposes the construction of four detached, small-lot, single-family
homes. The site plan proposed two detached homes in the front part of the property
and two detached homes near the rear of the lot.
4. The proposed homes incorporate representative architectural features found on the
existing home to be removed, as well as the other older homes along Sunnyside
Avenue. Each home incorporates high pitched roofs, front porches, stylized porch
pillars, double hung windows, and horizontal siding.
5. The completed project would consist of four new homes with a building coverage of
40%, landscaping coverage of 38% and paving coverage of 22%.
6. The proposed project will have a floor area ratio of 0.65.
7. The proposed project provides a total of 12 parking spaces, or three spaces per unit.
The parking is adequate to meet the needs of the proposed development.
8. Private open space would be provided for each unit by a private yard area located
on the sides of the units.
9. The project will provide landscaping throughout the entire project including the
common parking and driveway areas, the sides of each unit, and in the front
landscape area along the street frontage.
Planning Commission Resolution No. 3673
PLN2005-49 - 68 Sunnyside Avenue
Recommending Approval of a Planned Development Permit
Page 2
10. The project would not require the removal of any protected trees on site.
11. The proposed project has been reviewed by the Historic Preservation Board. The
Historic Preservation Board made a recommendation to the City Council that the
existing home be allowed to be demolished for the project.
12. A Mitigated Negative Declaration has been prepared for this project concluding that
there are no significant unmitigated impacts associated with this project, pursuant to
the California Environmental Quality Act (CEQA).
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The proposed development will result in a more desirable environment and use of
the land than would be possible under any other zoning classification.
2. The development will be compatible with the General Plan of the City and will aid in
the harmonious development of the immediate area.
3. The proposed development will not result in allowing more residential units than
would be allowed by other residential zoning districts, which are consistent with the
General Plan designation of the property.
4. The proposed development will not be detrimental to the health, safety or welfare of
the neighborhood or the City as a whole.
5. There is a reasonable relationship and a rough proportionality between the
conditions of approval and the impacts of the project.
6. There is a reasonable relationship between the use of the fees imposed upon the
project and the type of development project.
7. 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.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends
approval of a Planned Development Permit (PLN2005-49) to allow the removal of a
home on the City's Historic Resources Inventory and the construction of four new small-
lot single-family residences on property owned by Ms. Sameena Baig located at 68
Sunnyside Avenue in a P-D (Planned Development) Zoning District, subject to the
following conditions:
Planning Commission Resolution No. 3673
PLN2005-49 - 68 Sunnyside Avenue
Recommending Approval of a Planned Development Permit
Page 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
Planning Division:
1. Approved Project: Approval is granted for a Planned Development Permit to allow
the removal of a home on the City's Historic Resources Inventory and the
construction of four new small-lot, single-family residences on property located at 68
Sunnyside Avenue. The building design and site design shall substantially conform
to the project exhibits listed below, except as may be modified by the conditions of
approval herein:
a. Project plans prepared by Jose Martinez and stamped as received by the
Planning Division on June 29, 2005.
b. Color and material boards submitted by Jose Martinez and stamped as
received by the Planning Division on April 25, 2005.
c. Tentative Parcel Map prepared by Alvarez & Associates and stamped as
received by the Planning Division on June 29, 2005.
2. Permit Expiration: The Planned Development Permit is valid for a period of two
years from the date of final City Council approval. A building permit must be
obtained within this two-year period or the Planned Development Permit shall be
void.
3. Parcel Map: The Planned Development Permit approval is contingent upon
recordation of the Parcel Map to divide the subject property. The Parcel Map shall
be recorded prior to the issuance of building permits.
4. Landscape and Irriqation Plan: The applicant shall submit a final landscape and
irrigation plan to the Planning Division, prior to the issuance of building permits, for
review and approval by the Community Development Director. The landscape and
irrigation plan shall substantially conform with the approved conceptual landscape
plan and the City's Water Efficient Landscaping Standards (WELS).
5. Tree Protection Plan: The applicant shall submit a tree protection plan for all
protected trees to be retained on site and shall contain specific information about the
Planning Commission Resolution No. 3673
PLN2005-49 - 68 Sunnyside Avenue
Recommending Approval of a Planned Development Permit
Page 4
preservation of the trees during any grading or building on site. Such tree protection
measures shall be installed prior to any demolition, grading, or building on the
project site. No construction or trenching shall take place within the drip line of trees
and a fence constructed of temporary cyclone fencing or wire mesh securely
attached to poles driven into the ground shall be installed around the dripline of the
tree. All trimming or branch removal from protected trees shall be completed by a
certified arborist. The tree protection plan shall be submitted to the Planning
Division for review and approval by the Community Development Director prior to
the issuance of building permits.
6. Park Impact Fee: A park impact fee, based on a density range of six to thirteen units
per gross acre, is due upon development of the site. Credit shall be given for any
existing single-family residence to be demolished. Prior to recordation of the Parcel
Map, 75% of this fee is due. The remaining 25% is due prior to issuance of a
certificate of building occupancy.
7. Covenants. Codes and Restrictions (CC&R's): Prior to recordation of the Parcel
Map, the applicant shall submit for review and approval by the City a copy of the
draft CC&R's which shall include the following:
a.
Formation of a Homeowner's Association;
Continued architectural controls to ensure the architectural integrity of the
project;
Definition of common areas to be maintained and provision of maintenance for
these areas;
Provision of a funding mechanism to ensure maintenance and upkeep of
common areas;
Provision for the availability of interior garage spaces for the parking of two
vehicles at all times; and
Provision to prohibit the use of outside parking spaces for storage purposes,
including boats, trailers, and recreational vehicles.
b.
c.
d.
e.
f.
8. Fences: Any new or existing fencing shall comply with Section 21.18.060 of the
Campbell Municipal Code. The design and materials of the proposed fencing for the
project shall be indicated on the building permit plans and shall be reviewed and
approved by the Community Development Director prior to the issuance of building
permits. Any existing fencing to remain shall be determined to be in good condition
by the Community Development Director or replaced at the expense of the applicant.
Planning Commission Resolution No. 3673
PLN2005-49 - 68 Sunnyside Avenue
Recommending Approval of a Planned Development Permit
Page 5
9. ParkinQ and Driveways:
a. 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.
b. The applicant shall provide a decorative paving treatment within the driveway,
parking area, and walkways for the development. The design and materials shall
be indicated on the building permit plans and shall be reviewed and approved by
the Community Development Director prior to the issuance of building permits.
10. 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).
11. Utility Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to
installation of PG&E transformers and San Jose Water Company back-flow
preventers, indicating the location of the facilities and screening (if the facilities are
above ground) for approval by the Community Development Director.
12. On-Site LiQhtinQ: 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.
13. Utilities: All new on-site utilities shall be installed underground per section 21.18.140
(Undergrounding of Utilities) of the Campbell Municipal Code.
14. Roof Vents: The applicant shall coordinate mechanical and plumbing plans to
minimize the number of roof vents that are visible from the street frontage. The
applicant shall provide the location of such vents on the building plan elevations and
roof plans, to the satisfaction of the Community Development Director, prior to
issuance of a building permit.
15. PhotoQraphic Survev: The applicant shall prepare a photographic survey for the
Campbell Historical Museum prior to the issuance of a demolition permit.
Planning Commission Resolution No. 3673
PLN2005-49 - 68 Sunnyside Avenue
Recommending Approval of a Planned Development Permit
Page 6
16. Demolition of Structures: Prior to recordation of the Parcel Map the applicant shall
obtain a building permit for the demolition of all non-conforming structures. A
demolition permit should not be issued until all other necessary development
applications are approved and have been issued for the project.
17. Construction Mitiqation Measures: The following practices should be followed during
all phases of site preparation and construction activities:
a. 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 national holidays unless an exception is granted by the
Building Official.
b. All construction equipment with internal combustion engines used on the project
site shall be properly muffled and maintained in good working condition.
c. Unnecessary idling of internal combustion engines shall be strictly prohibited.
d. 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.
e. Prior to the issuance of building permits, the project site shall be posted with the
name and contact number of the lead contractor in a location visible from the
public street so that the contractor can be made aware of noise complaints.
Building Division
18. Permits Required: A building permit application shall be required for each proposed
new residential structure. A building permit shall also be required for the demolition
of any existing structures on the property. The building permit shall include
Electrical/Plumbing/Mechanical fees when such work is part of the permit.
19. 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.
20. Construction Plans: The conditions of approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
21. Size of Plans: The size of construction plans submitted for building permits shall be
24 inches by 36 inches.
22. Soils Report: The applicant shall submit two copies of a current soils report
containing foundation and retaining wall design recommendations, prepared to the
Planning Commission Resolution No. 3673
PLN2005-49 - 68 Sunnyside Avenue
Recommending Approval of a Planned Development Permit
Page 7
satisfaction of the Building Official, with the building permit application. This report
shall be prepared by a licensed engineer specializing in soils mechanics.
23. Site Plan: Application for building permit shall include a competent site plan that
identifies property lines and proposed structures with dimensions and elevations as
appropriate. The site plan shall also include site drainage details.
24. 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. pad elevation
b. finish floor elevation (first floor)
c. foundation corner locations
25. Title 24 EnerQY Compliance: California Title 24 Energy Compliance forms CF-1 R
and MF-1 R shall be blue-lined on the construction plans. 8% X 11 calculations shall
be submitted as well.
26. Special Inspections: When a special inspection is required by U.B.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 U.B.C. Section 106.3.5. Please obtain City of Campbell,
Special Inspection forms from the Building Inspection Division Counter.
27. Non-Point Source Pollution Control: 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 inches by 36 inches) is available
at the Building Division service counter.
28. 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.
29. Construction Fencinq: 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.
Planning Commission Resolution No. 3673
PLN2005-49 - 68 Sunnyside Avenue
Recommending Approval of a Planned Development Permit
Page 8
30. Archaeoloqical & Paleontoloqical Resources: If archaeological or paleontological
resources are encountered during excavation or construction, construction
personnel shall be instructed to immediately suspend all activity in the immediate
vicinity of the suspected resources and the City and a licensed archeologist or
paleontologist shall be contacted to evaluate the situation. A licensed archeologist
or paleontologist shall be retained to inspect the discovery and make any necessary
recommendations to evaluate the find under current CEQA guidelines prior to the
submittal of a resource mitigation plan and monitoring program to the City for review
and approval prior to the continuation of anyon-site construction activity.
31. Human Burial or Skeletal Element Discovery: In the event a human burial or skeletal
element is identified during excavation or construction, work in that location shall
stop immediately until the find can be properly treated. The City and the Santa Clara
County Coroner's office shall be notified. If deemed prehistoric, the Coroner's office
would notify the Native American Heritage Commission who would identify a "Most
Likely Descendant (MLD)." The archeological consultant and MLD, in conjunction
with the project sponsor, shall formulate an appropriate treatment plan for the find,
which might include, but not be limited to, respectful scientific recording and
removal, being left in place, removal and reburial on site, or elsewhere. Associated
grave goods are to be treated in the same manner.
32. Short-Term Air Quality Mitiqation Measures: The following practices should be
followed during all phases of site preparation and construction activities:
a.
Use dust-proof chutes for loading construction debris onto trucks.
Water or cover stockpiles of debris, soil, and other materials that can be blown
by the wind.
Cover all trucks hauling soil, sand, and other loose materials or require all
trucks to maintain at least two feet of freeboard.
Sweep daily (with water sweepers) all paved access roads, parking areas, and
staging areas at the construction site.
Sweep streets daily (with water sweepers) if visible soil material is carried onto
adjacent public streets, as directed by the City Engineer.
Enclose, cover, water twice daily or, or apply (non-toxic) soil stabilizers to
exposed stockpiles (dirt, sand, etc.).
Install erosion control measures to prevent runoff from the project site.
b.
c.
d.
e.
f.
g.
33. Approvals Required: The project requires the following agency approval prior to
issuance of the building permit:
a. West Valley Sanitation District (378-2407)
b. Santa Clara County Fire Department (378-4010)
Planning Commission Resolution No. 3673
PLN2005-49 - 68 Sunnyside Avenue
Recommending Approval of a Planned Development Permit
Page 9
c. Bay Area Air Quality Management District (Demolitions Only)
d. School District:
i. Campbell Union School District (378-3405)
ii. Campbell Union High School District (371-0960)
Hi. Moreland School District (379-1370)
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.
FIRE DEPARTMENT
34. Formal Plan Review: Review of this development proposal is limited to accessibility
of site access and water supply as they pertain to fire department operations, and
shall mot 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.
35. Required Fire Flow: The required fire flow for this project is 1,000 gpm at 20 psi
residual pressure. The required fire flow is available from area water mains and fire
hydrant(s), which are located at the required spacing.
36. Fire Apparatus (En!:]ine) Access Roads Required: Provide access roadways with a
paved all weather surface, a minimum unobstructed width of 20 feet, vertical
clearance of 13 feet six inches. Installations shall conform to Fire Department
Standard Details and Specifications sheet A-1.
37. Fire Lane Markinq Required: Provide marking for all roadways within the project.
Markings shall be per Fire Department specifications. Installations shall also conform
to Local Government Standards and Fire Department Standard Details and
Specifications Sheet A-6.
38. Parkin!:] Alonq Roadways: The required width of fire access roadways shall not be
obstructed in any manner and parking shall not be allowed along roadways les than
28 feet in width. Parking may be permitted alone one side of roadways 28-35 feet in
width. For roadways equal to or greater than 36 feet, parking will be allowed on both
sides of the roadway. Roadway widths shall be measured curb to curb, with parking
space based on an eight-foot width.
39. TiminQ of Required Roadway Installations: Required access roads, up through first
lift of asphalt, shall be installed and accepted by the Fire Department prior to the
start of construction. Bulk combustible materials shall not be delivered to the site
Planning Commission Resolution No. 3673
PLN2005-49 - 68 Sunnyside Avenue
Recommending Approval of a Planned Development Permit
Page 1 0
until installation so complete. During construction, emergency access roads shall be
maintained clear and unimpeded. Building permit issuance may be withheld until
such installations are completed.
40. 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 backgrounds.
PUBLIC WORKS DEPARTMENT
41. Parcel Map: Prior to issuance of any building permits for the project, the applicant
shall submit a parcel map for recordation upon approval by the City and pay the
current application processing fee.
42. Preliminary Title Report: Upon submittal of the parcel map, the applicant shall
provide a current Preliminary Title Report.
43. Public Service and Sidewalk Easement: Upon recordation of the parcel map, the
applicant shall grant a five (5) foot public service easement and sidewalk easement
on private property contiguous with the public right-of-way along Sunnyside Avenue.
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.
44. Monumentation for Parcel Map: Prior to recordation of the parcel map, the applicant
shall provide security for setting all monuments shown on the map.
45. 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.\
46. 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.
47. Soils Report: Prior to issuance of any grading or building permits for the site, the
applicant shall provide a soils report prepared by a registered geotechnical or civil
engineer.
48. 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.
Planning Commission Resolution No. 3673
PLN2005-49 - 68 Sunnyside Avenue
Recommending Approval of a Planned Development Permit
Page 11
49. 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 andlor 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.
50. 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. Sunnyside Avenue was last overlayed in FY 97/98. 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.
51. Gradinq and DrainaQe Plan: Prior to issuance of any grading or building permits for
the site, the applicant shall conduct hydrology studies based on a ten-year storm
frequency, prepare and engineered grading and drainage plan, and pay fees
required to obtain necessary grading permits. The plans shall comply with the 1998
edition of the California Building Code including Chapters 10, 11, 18, 33, and
Appendix Chapter 33.
52. Storm Drain Area Fee: Prior to recordation of the parcel map, the applicant shall
pay the required Storm Drain Area fee of $2,318.00 per net acre which is $924.00.
53. 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.
Planning Commission Resolution No. 3673
PLN2005-49 - 68 Sunnyside Avenue
Recommending Approval of a Planned Development Permit
Page 12
Applicant to submit calculations to show that the impervious surface that will be
replaced or created by this development will not be over 10,000 square feet. If this
development will create or replace 10,000 square feet of impervious surface,
including roof areas, then this development must comply with requirements of the
C.3 provision of the City's NPDES Stormwater permit.
54. Demolition: Prior to recording of the parcel map the applicant shall obtain a
demolition permit and remove any nonconforming structures.
55. Street Improvements: Prior to recordation of the parcel map, 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:
a. Remoyal of all existing driyeway approaches and necessary sidewalk, curb and
gutter to accommodate the new improvements.
b. Installation of street trees and irrigation at 40 feet on center.
c. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway
approaches as necessary.
d. Construction of conforms to existing public and private improvements, as
necessary.
e. Installation of traffic control, stripes and signs as necessary.
PASSED AND ADOPTED this 23rd day of August, 2005, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Alderete, Doorley, Francois, Gibbons and Rocha
None
Ebner and Roseberry
None
ATTEST:
APPROVE~~~ ---3. ~~
~ ~ IZ eth Gibbons, Chair
Sharon Fierro, Secretary