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.
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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
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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
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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
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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:
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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:
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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
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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
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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