PC Res 3867
RESOLUTION NO. 3867
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL GRANTING A SITE AND ARCHITECTURAL
REVIEW PERMIT (PLN2007-160) TO ALLOW THE CONSTRUCTION
OF A NEW TWO-STORY SINGLE-FAMILY RESIDENCE ON
PROPERTY OWNED BY PHAM DINH NGUYEN LOCATED AT 1215
AUDREY AVENUE IN AN R-1-10 (SINGLE FAMILY RESIDENTIAL)
ZONING DISTRICT. APPLICATION OF MS. KRISHLANI MULlA, ON
BEHALF OF PHAM DINH NGUYEN. FILE NO.: PLN2007-160.
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 PLN2007-104.
1. The density of the residential project will result in a density of 2.4 units per gross acre,
which is consistent with the General Plan land use designation of Low Density
Residential (less than 6 units per gross acre).
2. The project is consistent with the R-1-10 (Single-Family Residential, 10,000 square foot
minimum lot size) zoning district and meets the minimum setbacks, height restriction,
building coverage, and parking requirements of the R-1-10 Zoning District.
3. The project, with the added conditions recommended by the Site & Architectural
Review Committee, is consistent with the development standards and design
guidelines of the San Tomas Area Neighborhood Plan.
4. The proposed two-story single-family residence and attached garage consists of 4,057
square feet.
5. The height of the home is 26 feet 9 inches where the maximum height limit is 28 feet.
6. The residence incorporates representative architectural features of the San Tomas
Neighborhood including simple rectangular shaped forms, an attached garage, and
composition shingle roofing material, with the exception of the proposed size of the
entryway with a 10 foot high plate height.
7. The proposed project is surrounded by single-family residential uses on the north,
south, east and west.
8. The project provides one covered and one uncovered parking spaces where a
minimum of one covered and one uncovered parking space are required.
9. The project qualifies as a Categorically Exempt project per 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.
Planning Commission Resolution No. 3867
PLN2007-160 - 1215 Audrey Avenue - Site and Architectural Review Permit
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Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The proposed project is consistent with the City of Campbell General Plan and Zoning
Ordinance.
2. The proposed project, as conditioned, will aid in the harmonious development of the
immediate area.
3. The proposed project, with the added conditions recommended by the Site &
Architectural Review Committee, is well designed and is architecturally compatible with
the surrounding neighborhood.
4. 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.
5. The proposed development will not be detrimental to the health, safety or welfare of the
neighborhood or the City as a whole.
6. The proposed project will contribute to the housing stock in the City of Campbell and
serve the housing needs of the community.
7. There is a reasonable relationship between the use of the fees imposed upon the
project and the type of development project.
8. 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 grants a Site and
Architectural Review Permit (PLN2007-160) to allow the construction of a new two-story
single-family residence on property owned by Pham Dinh Nguyen located at 1215 Audrey
Avenue in an R-1-10 (Single-Family Residential) 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 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. 3867
PLN2007-160 - 1215 Audrey Avenue - Site and Architectural Review Permit
Page 3
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
1. Declaration of Acceptance of All Conditions: Within thirty (30) days of the Planning
Commission approval, the applicant shall sign the final, approved set of Conditions of
Approval. Until said Conditions are signed, the proposed Site and Architectural Review
Permit shall not be valid for any permits sought from the City.
2. Approved Proiect: Approval is granted for a Site and Architectural Review Permit
(PLN2007 -160) allow the demolition of an existing single family residence and
construction of a new single family residence located at 1215 Audrey Avenue. The
project shall substantially conform to the project plans stamped as received by the
Community Development Department on October 19, 2007 and January 30, 2008,
except as may be modified by the conditions of approval herein.*
a. Submit one copy of a revised elevation plan showing an 8 foot plate height for the
entryway and living room to reflect the guidelines of the San Tomas Area
Neighborhood, prior to the issuance of building permits, for review and approval by
the Community Development Director.
· Planning sign off is required to prior to Building Permit final. Construction not
in substantial compliance with the approved project plans shall not be approved
without prior authorization of the necessary approving body.
3. Site and Architectural Review Permit Aooroval Exoiration: The Site and Architectural
Review 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 or the use must be established on the property and all
conditions of approval fulfilled (if no building permit is required). Failure to meet these
deadlines will result in the Administrative Architectural Site and Review Permit being
void.
4. FenceslWalls: Any newly proposed fencing and/or walls shall comply with Section
21.18.060 of the Campbell Municipal Code and shall be submitted for review and
approval by the Community Development Department.
5. Compliance with Other Reaulations: The applicant shall comply with other state,
county, and city ordinances that pertain to the proposed project and where they are
conducted.
6. Contractor Contact Information Postina: 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.
Planning Commission Resolution No. 3867
PLN2007-160 - 1215 Audrey Avenue - Site and Architectural Review Permit
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7. On-Site Liqhtina: 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
fixtures shall be of a decorative design to be compatible with the residential
development and shall incorporate energy saving features.
8. 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.
9. Construction Activities: The applicant shall abide by the following requirements during
construction:
a. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00
p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take
place on Sundays or holidays unless an exception is granted by the Building
Official.
b. All construction equipment with internal combustion engines used on the project site
shall be properly muffled and maintained in good working condition.
c. Unnecessary idling of internal combustion engines shall be strictly prohibited.
d. All stationary noise-generating construction equipment, such as air compressors
and portable power generators, shall be located as far as possible from noise-
sensitive receptors such as existing residences and businesses.
e. Use standard dust and erosion control measures that comply with the adopted Best
Management Practices for the City of Campbell.
Building Division
10. Permits Reauired: A building permit application shall be required for the proposed
change in use in an existing commercial structure. The building permit shall include
Electrical/Plumbing/Mechanical fees when such work is part of the permit.
11. Construction Plans: The conditions of approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
12. Size of Plans: The size of construction plans submitted for building permits shall be 24
inches by 36 inches.
Planning Commission Resolution No. 3867
PLN2007-160 - 1215 Audrey Avenue - Site and Architectural Review Permit
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13. Plan Preoaration: 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. Soils Reoort: 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 gin soils mechanics.
15. 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 comprehensive site drainage details.
16. 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
17. Title 24 Enerav Compliance: California Title Energy Compliance forms CF-1R and MF-
1 R shall be blue-lined on the construction plans. 8% X 11 calculations shall be
submitted as well.
18. Special Insoections: 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.
19. Non-Point Source: 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.
20. Approvals Required: The project requires the following agency approval prior to
issuance of the building permit:
a. West Valley Sanitation District
b. Santa Clara County Fire Department
c. School District:
i) Campbell Union School District (378-3405)
ii) Campbell Union High School District (371-0960)
Planning Commission Resolution No. 3867
PLN2007-160 -1215 Audrey Avenue - Site and Architectural Review Permit
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iii) Moreland School District (874-2900)
iv) Cambrian School District (377-2103)
d. Bay Area Air Quality Management District (Demolitions Only)
21. 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.
22. Construction Fencina: 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. All protected trees shall be fenced to prevent damage to root systems.
Public Works Department:
23. Plan Lines: Prior to issuance of any grading or building permits for the site, the
applicant shall provide a plan layout showing the correct street dimensions (dimension
widths of entire street and dimension from property line to centerline of roadway), and
existing street improvement dimensions (sidewalk, curb, gutter, etc.).
24. 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 of $2,060.00 per net acre,
which is $763.00.
25. Work in the Public-Riaht-of-Wav: Prior to doing any work in the public right-of-way, the
applicant shall obtain an encroachment permit, provide plans, pay fees and deposits,
post security, and provide insurance.
26. 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.
27. 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 the 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.
28. Utilitv Encroachment Permit: Separate permits for the installation of utilities to serve
the development will be required (including water, sewer, gas, electric, etc.). Applicant
Planning Commission Resolution No. 3867
PLN2007-160 -1215 Audrey Avenue - Site and Architectural Review Permit
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shall apply for and pay all necessary fees for utility permits for sanitary sewer, gas,
water, electric and all other utility work.
29. 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 resurfaced within the
previous five years will require boring and jacking for all new utility installations.
Audrey Avenue has not been resurfaced in the last five 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.
30. Additional Street Imorovements: Should any new utility main lines or other work
required to service the development affect any public improvements, the City may add
conditions to the development/project, at the discretion of the City Engineer, to restore
pavement or other public improvements to the satisfaction of the City.
31. 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.
32. 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.
County Fire Department:
33. 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.
Planning Commission Resolution No. 3867
PLN2007-160 - 1215 Audrey Avenue - Site and Architectural Review Permit
Page 8
PASSED AND ADOPTED this 12th day of February, 2008, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Doorley, Ebner, Gibbons and Rocha
Alderete, Gairaud and Roseberry
None
None
APPROVED: ~ t6~,
Bob Roseberry, C ir
ATTEST:
J