PC Res 3377RESOLUTION NO. 3377
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
(PLN2001-80) TO ALLOW THE CONSTRUCTION OF A 768 SQUARE
FOOT SECONDARY LIVING UNIT ON PROPERTY LOCATED AT
175 SUNNYSIDE AVENUE IN A PD (PLANNED DEVELOPMENT)
ZONING DISTRICT. APPLICATION OF MR. RICHARD TOLEDO.
FILE NO. PLN2001-80.
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 PLN2001-80:
1. The development of the proposed project will result in a use that is consistent with the
General Plan designation of residential uses for this area.
2. The development of the proposed project will result in a use that is consistent with the P-D
(Planned Development) Zoning District, as required per the Zoning Ordinance.
3. The proposed project is architecturally compatible with the existing home and 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.
Based upon 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 will aid in the enhancement and the harmonious development of the
immediate area.
The establishment, maintenance, or operation of the use will not be detrimental to the public
health, safety, peace, morals, comfort or general welfare of persons residing or working in
the neighborhood of such proposed use, or be detrimental or injurious to property and
improvements in the neighborhood or to the general welfare of the City.
4. The proposed residential use is compatible with uses in the area.
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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.
Planning Commission Restitution No. 3377
PLN2001-80 - 175 Sunnyside Avenue - Use Permit -- Secondary Living Unit
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6. The subject site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic such use would generate.
7. There is a reasonable relationship and a rough proportionality between the Conditions of
Approval and the impacts of the project.
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
Approved Project: Approval is granted for a Conditional Use Permit (PLN2001-80) allowing
development on property located at 175 Sunnyside Avenue consisting of the construction of
a new secondary living unit. Project approval shall substantially comply with project plans
received by the Community Development Department on June 28, 2001 and revised on
August 21, 2001, except as may be modified by the Conditions of Approval herein.
Approval Expiration: The Conditional Use Permit approval shall be valid for 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. Failure to meet these deadlines will result in
the Conditional Use Permit being void.
Park Impact Fee: The applicant shall pay a park impact fee of $7,035 prior to the issuance of
a certificate of building occupancy.
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).
Fences: Any newly proposed fencing shall comply with Section 21.59.090 of the Campbell
Municipal Code.
Planning Commission Resolution No. 3377
PLN2001-80 - 175 Sunnyside Avenue -Use Permit -- Secondary Living Unit
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Building Elevations~ Details and Colors: The applicant shall submit detailed building
elevations depicting architectural details. Detailed elevations shall be reviewed by and
approved by the Community Development Director prior to the issuance of building permits
for compliance with all applicable conditions, laws, regulations, and policies.
Building Division
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.
8. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of
the construction plans submitted for a building permit.
9. Size of Plans: The minimum size of construction plans submitted for building permits shall
be 24 in. X 36 in.
10. 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.
11. 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.
12. 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 comer locations
13. Title 24 Energy Compliance: Califomia Title 24 Energy Compliance forms CF-IR and MF-1R shall
be blue-lined on the construction plans. 8½ X 11 calculations shall be submitted as well.
14. Special Instructions: 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.
Planning Commission Resolution No. 3377
PLN2001-80 - 175 Sunnyside Avenue -Use Permit -- Secondary Living Unit
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15. 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.
16. Approval Required: The project requires the following agency approvals prior to issuance of the
building permit:
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)
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.
PUBLIC WORKS DEPARTMENT
17. 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.
18. Public Service and Sidewalk Easement: Prior to the issuance of any grading or building
permits for the site, the applicant shall grant a 10 foot Public Service Easement on private
property contiguous with the public right-of-way along 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.
19. Street Improvements: Prior to issuance of any grading or building permits for the site, the
applicant shall execute a street improvement agreement and shall 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
the construction of the standard public street improvements, as required by the City Engineer.
The fee for a non-utility encroachment permit application is currently $255.00. The plans
shall include the following:
a. Removal of existing driveway approach and related curb, gutter, and sidewalk, as
necessary.
b. Installation of ADA compliant driveway approach and related curb, gutter, and sidewalk.
Planning Commission Resolution No. 3377
PLN2001-80 - 175 Sunnyside Avenue -Use Permit -- Secondary Living Unit
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c. Installation of street trees and irrigation at 40 feet on center as determined by the City
Engineer.
d. Construction of conforms to existing public and private improvements, as necessary.
20. 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.
21. 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. The applicant
shall comply with all plan submittals, permitting, and fee requirements of the serving utility
companies.
22. Utility Installation Plan: Prior to issuance of a building permit for the site, the applicant shall
submit a Utility Installation 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 five years, will require boring and jacking
for all new utility installations. The applicant shall also prepare pavement restoration plans
for approval by the City Engineer prior to any utility installation or abandonment.
23. Storm Drain Area Fee: Prior to the issuance of any grading or building permits for the site,
the applicant shall pay the required Storm Drain Area fee, which is $2,000 per acre.
24. Storm Water Pollution prevention Measures: Prior to the 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.
FIRE DEPARTMENT
25. 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 Department all applicable construction permits.
26. Required Fire Flow: The required fire flow for this project has been calculated at 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.
Planning Commission Resolution No. 3377
PLN2001-80 - 175 Sunnyside Avenue -Use Permit -- Secondary Living Unit
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PASSED AND ADOPTED this 25th day of September, 2001, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Alderete, Doorley, Francois and Lindstrom
Hemandez
Gibbons and Jones
None
ATTEST:
APPROVED:
Sharon Fierro, Secretary
Mel Lindstrom, Chair