CC Resolution 10666
RESOLUTION NO. 10666
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING A PLANNED DEVELOPMENT PERMIT
(PLN2006-16) TO ALLOW THE CONSTRUCTION OF A NEW
SINGLE-STORY SECOND RESIDENTIAL DWELLING UNIT ON A
PROPERTY WITH AN EXISTING HOME ON PROPERTY OWNED
BY MR. JOHN MILLER LOCATED AT 188 SUNNYSIDE AVENUE IN
A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT.
APPLICATION OF MR. JOHN MILLER. FILE NO: PLN2006-16.
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 City Council did find as follows
with respect to application PLN2006-16:
1. The development of the proposed project will result in a residential use that is
consistent with the General Plan Land Use Designation of Low-Medium Density
Residential (6-13 units per gross acre) for the project site.
2. The density of the proposed project is 8.7 units per gross acre, which falls within the
permitted density range for the site.
3. The current zoning designation of P-D (Planned Development) requires that the
construction of a new unit on an existing lot that is already developed with an
existing unit shall receive approval of a Planned Development Permit by the City
Council. The project will be consistent with the P-D Zoning Ordinance with approval
of a Planned Development Permit.
4. The project site is located on the south side of Sunnyside Avenue between South
First Street and Industrial Way and is surrounded by residential uses to the north,
east, and west and commercial/industrial uses to the south.
5. The site plan proposes the construction of a new single-story, detached, single-
family residence. The residence would consist of 1,161 square feet of living space
with a 110 square foot front covered porch.
6. The proposed project provides a total of six parking spaces, or three spaces per unit
where the minimum requirement for a duplex is two parking spaces per unit, one of
which must be covered.
7. The proposed project will result in new a City standard curb, gutter, sidewalk, and
ADA compliant driveway approach along the Sunnyside Avenue project frontage.
City Council Resolution
PLN2006-16 - 188 Sunnyside Avenue - Planned Development Permit
Page 2
8. Private open space would be provided for each unit by a private yard area located in
the rear yard. The open space for each unit would be separated by fencing and
would consist of 1,021 square feet for the new rear home and 949 square feet for
the existing front home.
9. 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 upon the foregoing findings of fact, the City Council 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 which shows that the project, as
currently presented and subject to the required conditions of approval, will have a
significant adverse impact on the environment.
THEREFORE, BE IT RESOLVED that the City Council approves a Planned
Development Permit (PlN2006-16) to allow the construction of a new single-story
second residential dwelling unit on property with an existing home on property owned by
Mr. John Miller located at 188 Sunnyside Avenue in a P-D (Planned Development)
Zoning District.
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
City Council Resolution
PLN2006-16 - 188 Sunnyside Avenue - Planned Development Permit
Page 3
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 Proiect: Approval is granted for a Planned Development Permit to allow
the construction of a new single-story, second residential dwelling unit on a property
located 188 Sunnyside Avenue. The building design and site design shall
substantially conform to the project plans prepared by GP Residential Designs and
stamped as received by the Planning Division on May 15, 2006, including a site
plan, floor plans, elevations, and drainage plan/landscape plan, except as may be
modified by the conditions of approval herein.
2. Planned Development Permit Expiration: The Planned Development Permit approval
shall be valid for a period of two years from the date of final City Council approval.
Within this one-year period, a building permit must be obtained and construction
completed one year thereafter or the Planned Development Permit shall be void.
3. Park Impact Fee: A park impact fee for one new unit, based on a density range of
six to thirteen units per gross acre, shall be paid to the City prior to the issuance of a
certificate of building occupancy.
4. Fences: All new fencing shall comply with all the provisions of Section 21.18.060 of
the Campbell Municipal Code. The design and location of all fences shall be
reviewed and approved by the Community Development Director prior to issuance of
any building permits for the project. Fencing along the property lines shall be
replaced at the expense of the applicant, unless it is determined to be in good
condition by the Community Development Director.
5. Propertv 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).
6. On-site Iiqhtino: 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
City Council Resolution
PLN2006-16 - 188 Sunnyside Avenue - Planned Development Permit
Page 4
fixtures shall be of a decorative design to be compatible with the residential
development and shall incorporate energy saving features.
7. 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.
8. Architectural Details: Prior to issuance of building permits, the applicant shall
provide details on the building permit plans which specify the building materials,
including window trim, shutters, and exterior door schedules, for review and approval
by the Community Development Director.
9. Utilities: All new 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.
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. Roof Vents: 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 detailed mechanical 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.
Building Division:
12. Permits Required: A building permit application shall be required for the proposed
new dwelling. 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 minimum size of construction plans submitted for building
permits shall be 24 inches by 36 inches.
City Council Resolution
PLN2006-16 - 188 Sunnyside Avenue - Planned Development Permit
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. Basis for determining
elevations shall be clearly noted.
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. pad elevation
b. finish floor elevation (first floor)
c. foundation corner locations
19. 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. Calculations on 8% by 11
size paper shall also be submitted.
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. Water Pollution: 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. 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 P.G. and E. concerning
utility easements, distribution pole locations and required conductor clearances.
23.Approvals Required: The project requires the following agency approval prior to
issuance of the building permit:
City Council Resolution
PLN2006-16 - 188 Sunnyside Avenue - Planned Development Permit
Page 6
a. West Valley Sanitation District (378-2407)
b. Santa Clara County Fire Department (378-4010)
c. 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 school 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.
PUBLIC WORKS DEPARTMENT
24. Proof of Ownership: Prior to issuance of any grading, drainage, or building permits
for the site, the applicant shall provide a current Preliminary Title Report, grant deed,
or other satisfactory proof of ownership.
25. Public Service Easement and Sidewalk Easement: Prior to issuance of any grading
or building permits for the site, the applicant shall grant a 5 foot public service
easement and sidewalk easement on private property contiguous with the public
right-of-way along the Sunnyside 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.
26. Additional Street Improvements: Should any new utilities main lines or other work
required to service the development that affects any street improvements, the City
may add any other conditions to the development, at the discretion of the City
Engineer, to restore pavement or other street improvements to the satisfaction of the
City.
27. Occupancv: Prior to allowing occupancy for any and/or all buildings, the applicant
shall have the required street improvements installed and accepted by the City, and
the design engineer shall submit as-built drawings to the City.
28. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and
sewer c1eanout(s) shall be relocated or installed on private property behind the
public right-of-way line.
29. 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.
City Council Resolution
PLN2006-16 - 188 Sunnyside Avenue - Planned Development Permit
Page 7
30. Utilitv 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 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.
31. 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 has 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.
32. 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 for R-1 land use.
33. 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.
34. 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:
a. Show location of all existing utilities within the new and existing public right of
way and public service/sidewalk easement.
City Council Resolution
PLN2006-16 -188 Sunnyside Avenue - Planned Development Permit
Page 8
b. Relocation of all existing utilities including utility boxes, covers, poles, etc.
outside of sidewalk area. No utility boxes, covers, etc. will be allowed in the
sidewalk area.
c. Removal of existing driveway approach and necessary sidewalk, curb and
gutter.
d. Installation of City standard curb, gutter, sidewalk and ADA compliant
driveway approach.
e. Installation of asphalt concrete overlay per street pavement restoration plan
for utility installation and/or abandonment, as required by the City Engineer.
f. Installation of traffic control, stripes and signs.
g. Construction of conforms to existing public and private improvements, as
necessary.
h. This property shares a driveway with the property to the west (166 Sunnyside
Avenue). The applicant will be required install an ADA compliant driveway
along the 188 Sunnyside Avenue frontage and transition the driveway
approach at the location where the driveway meets the 166 Sunnyside
Avenue frontage.
FIRE DEPARTMENT
35. Formal Plan Review: Review of this Developmental 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 received from, the Building Department all
applicable construction permits.
36. Required Fire Flow: The fire flow for this project is 1750 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.
City Council Resolution
PLN2006-16 - 188 Sunnyside Avenue - Planned Development Permit
Page 9
PASSED AND ADOPTED this 18th day of July
roll call vote:
, 2006, by the following
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Kennedy, Hernandez, Burr, Furtado, Watson
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
ATTEST:
[Lvu^--
Anne Bybee, City Clerk
APPROVED: ~
Jet'nette Watson, Mayor