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PC Res 3490RESOLUTION NO. 3490 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2002-103) TO ALLOW A SECONDARY LIVING UNIT ON PROPERTY OWNED BY MS. FERIAL HANNA LOCATED AT 1400 ABBOTT AVENUE IN AN R-l-10 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT. APPLICATION OF MR. SAHER YASSA. FILE NO. PLN2002-103. 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 PLN2002-103: 1. The development of the proposed project will result in a use that is consistent with the Low Density Residential (less than 3.5 units per gross acre) General Plan designation. 2. The development of the proposed project will result in a use that is consistent with the R-l- 10 (Single-Family Residential, 10,000 square foot minimum lot size) Zoning District. 3. The proposed project is architecturally compatible with the proposed main residence and the surrounding neighborhood. 4. The proposed project will contribute to the housing stock in the City of Campbell and serve the housing needs of the community. 5. The proposed project is consistent with the San Tomas Area Neighborhood Plan. 6. The completed project would consist of a 640 square foot secondary living unit. The proposed secondary living unit is detached from the proposed main dwelling unit in the rear part of the lot. Visibility of the secondary unit is obscured from Abbott Avenue by the proposed main dwelling unit. The design of the unit complies with the requirement that the entrance be obscured from any public street. o The project qualifies as a Categorically Exempt project per Section 15303, Class 3 (New Construction or Conversion of Small Structures) of the California Environmental Quality Act (CEQA). Based on the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed project 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. Planning Commission Resolution No. 3490 PLN2002-103 - 1400 Abbott Avenue-Conditional Use Permit Page 2 o o o ° There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. 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. The proposed development will not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of such use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. The subject site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping, and other development features required in order to integrate said use with uses in the surrounding area. The subject site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such use would generate. 9. The proposed use is compatible with the uses in the area. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit (PLN2002-103) to allow a secondary living unit on property owned by Ms. Ferial Hanna located at 1400 Abbott Avenue, 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. COMMUNITY DEVELOPMENT DEPARTMENT Planning Division: Project Approval: Approval is granted for a Conditional Use Permit (PLN2002-103) allowing the construction of a new secondary living unit on property located at 1400 Abbott Avenue. The project shall substantially conform to the project exhibits listed below; except as may be modified by the Conditions of Approval contained herein. Planning Commission Resolution No. 3490 PLN2002-103 - 1400 Abbott Avenue--Conditional Use Permit Page 3 o o o o o o ao bo Project plans prepared by SEY Design and Construction and received by the Planning Division on April 21, 2003, including a site plan, floor plans, roof plan and elevations. Color/material board received by the Planning Division on January 10, 2003. Approval Expiration: The Conditional Use 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 Conditional Use Permit shall be void. Park In-Lieu Fee: The applicant shall pay a park in-lieu fee of $5,635 for the secondary living unit prior to the issuance of a Certificate of Building Occupancy. Deed Restriction: The applicant shall record a deed restriction that stipulates that no more than one dwelling unit on the property shall be rented or leased. Proof of the recorded document shall be submitted to the Planning Division prior to the issuance of building permits. Easements: The applicant shall demonstrate that there are no easements prohibiting the use of the property as shown on the approved site plan to the satisfaction of the Community Development Director, prior to the issuance of building permits. 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. Tree Protection Plan: The applicant shall submit a tree protection plan, in accordance with the City's Water Efficient Landscape Standards (WELS), for any protected trees to be retained on site and shall contain specific information about the preservation of the trees during any grading or building on site. 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. The tree protection measures shall be installed prior to any demolition, grading, or building on the project site. 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.) Parking and Driveways: All parking and driveway areas shall be developed in compliance with the approved plans and Chapter 21.50 (Parking and Loading) of the Campbell Municipal Code. Planning Commission Resolution No. 3490 PLN2002-103 - 1400 Abbott Avenue-Conditional Use Permit Page 4 10. Fences: Any existing or new fencing shall comply with Section 21.59.090 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. 11. 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. Building 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 × 36 inches. 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: ao pad elevation finish floor elevation (first floor) foundation comer locations Planning Commission Resolution No. 3490 PLN2002-103 - 1400 Abbott Avenue-Conditional Use Permit Page 5 19. Title 24 Energy Compliance: California Title 24 Energy Compliance forms CF-1R and MF- iR shall be blue-lined on the construction plans. 8V2" X 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. 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: ao 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) 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. PUBLIC WORKS DEPARTMENT 24. Preliminary Title Report: Prior to issuance of any grading or building permits for the site, the applicant shall provide a current Preliminary Title Report. 25. 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 Planning Commission Resolution No. 3490 PLN2002-103 - 1400 Abbott Avenue-Conditional Use Permit Page 6 construction of the standard public street improvements, as required by the City Engineer. The fee for a non-utility encroachment permit application is currently $260.00. The plans shall include the following: a. Compliance with the Deferred Street Improvement Agreement recorded 9/11/2000. This includes street improvements related to Parcels 2, 3, and 4 of Parcel Map Book 731 Pages 33-34 and remodeling of the Santa Clara Valley Water District's drainage inlet as necessary. b. Construction of conforms to existing public improvements, as necessary. 26. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer cleanout(s) shall be installed on private property behind the public right-of-way line. 27. Utilities: All new on-site utilities shall be installed underground per Section 20.36.150 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. 28. 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 of street improvements and/or abandonment of all utilities. Streets, which have been resurfaced within the previous 5 years, will require boring and jacking for all new utility installations. Applicant shall also prepare pavement restoration plans for approval by the City Engineer prior to any utility installation or abandonment. 29. Grading and Drainage 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 an 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. 30. Santa Clara Valley Water District (SCVWD): Prior to issuance of any permits for grading or building, the applicant shall obtain written clearance from the SCVWD and provide the City with proof of clearance. 31. Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permitting requirements and the California Storm Water Best Management Practices Handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley Water District and the City of Campbell Municipal Code regarding storm water pollution prevention. The City will provide the applicant with information to assist in complying with this condition of approval. The primary objective is to improve the quality and reduce the quantity of storm water runoff to the Bay. Planning Commission Resolution No. 3490 PLN2002-103 - 1400 Abbott Avenue-Conditional Use Permit Page 7 COUNTY FIRE DEPARTMENT 32. 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. 33. Required Fire Flow: The required fire flow for this project 1,000 gpm at 20 psi residual pressure. The required fire flow is available from area water mains and fire hydrant(s), which are spaced at the required spacing. 34. 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. 35. Fire Sprinklers: It is noted that the applicant intends on installing an approved, automatic, residential fire sprinkler system. Prior to building permit application, the applicant shall indicate if the installation will be within both the main house as well as the secondary living unit. A State of California licensed fire protection contractor shall submit plans, calculations, a completed permit application and appropriate fees to this department for review and approval prior to beginning their work. SANTA CLARA VALLEY WATER DISTRICT 36. Clearance Required: The applicant shall obtain written clearance from the Santa Clara Valley Water District (SCVWD) for construction of this project. Evidence of this clearance shall be provided to the Planning Division prior to the issuance of building permits. PASSED AND ADOPTED this 13th day of May, 2003, by the following roll call vote: AYES: Commissioners: Alderete, Doorley, Francois, Gibbons, Hernandez, Jones and Rocha NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None ,//// ~FPROVE Joseph ~em4dez, Ch~iDIk~ ~/ Sharon Fierro, Secretary