PC Res 3685
RESOLUTION NO. 3685
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A SITE AND ARCHITECTURAL
REVIEW PERMIT (PLN2005-113) TO ALLOW THE
CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE ON
PROPERTY OWNED BY MR. SHAHBAS TAHERI LOCATED AT
1786 REGINA WAY IN AN R-1-9 (SINGE FAMILY RESIDENTIAL)
ZONING DISTRICT. APPLICATION OF MR. HAMID ABTAHI
APPLICATION OF MR. HAMID ABTAHI, ON BEHALF OF MR.
SHAHBAS TAHERI. PLN2005-113.
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 PLN2005-113:
1. The density of the proposed project site is 3.8 units per gross acre, which is
consistent with the General Plan land use designation of Low Density Residential
(less than 4.5 units per gross acre).
2. The proposed project is consistent with the R-1-9 (Single-Family Residential, 9,000
square foot minimum lot size) Zoning District 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 4,047 square foot two-story residence, with a building
coverage of 29.3% and Floor Area Ratio of 0.44 where the maximum lot coverage is
35% and the maximum floor area ratio is 0.45.
5. The project provides four parking spaces where a minimum of two parking spaces
are required.
6. The proposed project as conditioned is well designed and is architecturally
compatible with the surrounding neighborhood.
7. The proposed project does not include the removal of any protected trees.
8. The proposed two-story residence incorporates representative architectural features
of homes in the San Tomas Neighborhood including hipped and gabled roof forms, a
two-car garage door, composition shingle roofing, and stucco siding.
Planning Commission Resolution No. 3685
PLN2005-113 -- 1786 Regina Way -- Site and Architectural Review Permit
Page 2
9. The proposed project is surrounded by single-family residential uses to the north,
south, west and east.
10. The project qualifies as Categorically Exempt under Section 15303, Class 3 of the
California Environmental Quality Act (CEQA), pertaining to the construction of a new
single-family residence in an urbanized area.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The development will be compatible with the General Plan of the City and will aid in
the harmonious development of the immediate area.
2. The development will be compatible with the Zoning Code of the City.
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.
THEREFORE, BE IT RESOLVED that the Planning Commission approves a Site and
Architectural Review Permit (PLN2005-113) to allow the construction of a new single-
family residence on property owned by Mr. Shahbas Taheri located at 1786 Regina
Way 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. 3685
PLN2005-113 -- 1786 Regina Way -- Site and Architectural Review Permit
Page 3
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division:
1. Approved Proiect: Approval is granted for a Site and Architectural Review Permit to
allow a new two-story residence to be constructed on property located at 1786
Regina Way. The building and site design shall conform to the project exhibits listed
below, except as may be modified by the conditions of approval herein:
a. Project plans prepared by Khadiv Design and received by the Planning Division
on October 18, 2005, including a site plan, floor plans, conceptual landscape
plan and elevations.
b. Color/material board and colored elevation received by the Planning Division on
September 2, 2005.
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. 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.
4. Property Maintenance: The property is to be maintained free of any combustible
trash, debris and weeds until the time that actual construction commences. All
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.)
5. Parkinq 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.
6. On-Site Liqhtinq: On-site lighting shall be shielded away from adjacent properties
and directed on site. The design, type, intensity and location 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.
Planning Commission Resolution No. 3685
PLN2005-113 -- 1786 Regina Way -- Site and Architectural Review Permit
Page 4
7. Color/Buildinq Materials: Prior to the issuance of building permits, the applicant shall
submit a final color and building material sample board to the Planning Division for
review and approval by the Community Development Director. The body color of the
residence shall be an earth tone color with lighter accents for trim and the roofing
shall be a light weight concrete shingle tile either a brown or beige color.
8. Contractor Contact Information Postinq: 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 Hours: Construction activities will 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.
10. Landscape Plan: Prior to the issuance of building permits, the applicant shall submit
a final detailed landscape and irrigation plan to the Planning Division for review and
approval by the Community Development Director. The landscape and irrigation plan
shall substantially conform to the approved conceptual landscape plan and the City's
Water Efficient Landscaping Standards (WELS).
. All landscaping and trees shall be installed prior to the issuance of a Certificate of
Occupancy for the home.
. Minimum tree size of 15 gallon trees shall be provided.
. One of the proposed eight new trees shall be relocated to the front yard area.
. The two Walnut trees on the eastern property line shall be retained.
11. Utilities: All new on-site utilities shall be installed underground per section 21.18.140
of the Campbell Municipal Code.
12. 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.
Building Division:
13. Permits Required: A building permit application shall be required for the proposed
complete remodeling and addition to the existing structure. The building permit shall
include Electrical/Plumbing/Mechanical fees when such work is part of the permit.
Planning Commission Resolution No. 3685
PLN2005-113 -- 1786 Regina Way -- Site and Architectural Review Permit
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14. Plan Preparation: Portions of this project require 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.
15. Construction Plans: The conditions of approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
16. Size of Plans: The size of construction plans submitted for building permits shall be
24 inches by 36 inches.
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 Inspection: 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
19. Title 24 Enemy Compliance: California Title 24 Energy Compliance forms CF-1 R
and MF-1 R shall be blue-lined on the construction plans. 8Y2 by 11 calculations
shall be submitted as well.
20. 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.
21. 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" by 36") is available at the
Building Division service counter.
22. Approvals Required: The project requires the following agency approvals prior to
issuance of the building permit:
Planning Commission Resolution No. 3685
PLN2005-113 -- 1786 Regina Way -- Site and Architectural Review Permit
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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)
iv) Cambrian School District (377-2103)
*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.: Applicant is advised to contact Pacific Gas and Electric Company 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. Applicant should also consult with PG&E concerning utility
easements, distribution pole locations, and required conductor clearances.
24. 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.
PASSED AND ADOPTED this 25th day of October, 2005, by the following roll call vote:
AYES: Commissioners: Alderete, Doorley, Ebner, Francois, Gibbons, Rocha
and Roseberry
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
ATTEST:~~ y~
Sharon Fierro, Secretary