PC Res 3873
RESOLUTION NO. 3873
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL RECOMMENDING APPROVAL OF A
PLANNED DEVELOPMENT PERMIT (PLN2007-196) AND TREE
REMOVAL PERMIT (PLN2008-10) TO ALLOW THE REMOVAL OF
ONE DEODORA CEDAR TO ALLOW THE CONSTRUCTION OF
TWO SINGLE-FAMILY RESIDENCES ON PROPERTY OWNED BY
MR. STAN LJUBAN AND MR. RON COHEN LOCATED AT 45
SUNNYSIDE AVENUE IN A P-D (PLANNED DEVELOPMENT)
ZONING DISTRICT. APPLICATION OF MR. STAN LJUBAN AND
MR. RON COHEN. FILE NO: PLN2007-196/PLN2008-10.
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
The Planning Commission finds as follows with regard to File No. PLN2007-
196/PLN2008-10:
1. The density of the proposed project site is 8.5 units per gross acre, which is
consistent with the General Plan land use designation of Low-Medium Density
Residential (6-13 units per gross acre).
2. The proposed project is consistent with the Planned Development Zoning
Ordinance.
3. The subject property is located on the north side of Sunnyside Avenue, near its
intersection with Winchester Blvd. and is surrounded by residential uses on all sides.
4. The site plan proposes the construction of 2 two-story residences on individual lots.
Both residences would take vehicular access from an ingress/egress driveway along
the westerly portion of the property from Sunnyside Avenue.
5. The project provides a total of seven parking spaces, where seven spaces are
required.
6. The proposed project would consist of two single family residences with a total
building coverage of 40%, landscaping coverage of 34.8 %, and paving coverage of
24.5%.
7. The proposed project will have an overall floor area ratio of 0.60.
8. The conceptual landscape plan shows trees, shrubs and grass to be planted. The
proposed landscaping represents 34.8% of the total lot area and a replacement tree
is provided in the front yard to mitigate the removal of the existing cedar tree.
Planning Commission Resolution No. 3873
PLN2007-196/PLN2008-10 - 45 Sunnyside Avenue
Planned Development Permit & Tree Removal Permit
Page 2
9. The project will include the removal of one protected tree because it conflicts with
overhead utilities and precludes the construction of the proposed front unit.
10. The one 36-inch box replacement tree is consistent with the tree replacement
requirements of the Tree Protection Regulations.
11. The proposed replacement tree will be a sufficient replacement for the tree to be
removed and will continue the diversity of tree species found in the community.
12. The project qualifies as Categorically Exempt under Section 15303, Class 3 of the
California Environmental Quality Act (CEQA).
Based upon the foregoing findings of fact, the Planning Commission 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 Planning Commission recommends approval
of a Planned Development Permit (PLN2007-196) and a Tree Removal Permit
(PLN2008-10) to allow the removal Deodora Cedar to allow the construction of two
single-family residences on property owned by Mr. Stan Ljuban and Mr. Ron Cohen
located at 45 Sunnyside Avenue in a P-D (Planned Development) Zoning District.
Planning Commission Resolution No. 3873
PLN2007-196/PLN2008-10 - 45 Sunnyside Avenue
Planned Development Permit & Tree Removal Permit
Page 3
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:
1. Approved Proiect: Approval is granted for a Planned Development Permit
(PLN2007-196) to allow the construction of two new single family residences located
at 45 Sunnyside Avenue. The building and site design shall substantially conform
to the project exhibits listed below, except as may be modified by the conditions of
approval herein:
a. Revised Project plans prepared by Louis Dorcich, Architect, revised and dated
February 8, 2008.
b. Tentative Parcel Map and Preliminary Grading and Drainage Plan prepared by
Advanced Development dated December 12, 2007.
c. Colored and Material board received by the Planning Division on November 20,
2007.
2. Permit Expiration: The Planned Development Permit is valid for a period of two
years from the date of final City Council approval. A building permit must be
obtained within this two-year period or the Planned Development Permit shall be
void.
3. Parcel Map: The Planned Development Permit approval is contingent upon
recordation of the Parcel Map to divide the subject property. The Parcel Map shall
be recorded prior to the issuance of building permits.
4. Proiect Materials: The applicant shall provide cut sheets for the lap siding material,
windows, garage doors and porch columns and rails for review and approval by the
Community Development Director prior to obtaining Planning Department clearance
for the issuance of all building permits.
5. Parkino and Driveways:
Planning Commission Resolution No. 3873
PLN2007-196/PLN2008-10 - 45 Sunnyside Avenue
Planned Development Permit & Tree Removal Permit
Page 4
a. All parking and driveway areas shall be developed in compliance with the
approved plans and Chapter 21.28 (Parking and Loading) of the Campbell
Municipal Code.
b. The driveway materials shall consist of concrete and interlocking pavers as
approved by the Community Development Director.
c. The applicant shall provide a decorative pavement material for the walkways.
The design and material to be used for the decorative pavement shall be
indicated on the building permit plans and will be reviewed and approved by the
Community Development Director prior to the issuance of building permits.
6. Landscape and IrriQation Plan: The applicant shall submit a final landscape and
irrigation plan to the Planning Division, prior to the issuance of building permits, for
review and approval by the Community Development Director. The landscape and
irrigation plan shall substantially conform with the approved conceptual landscape
plan and the City's Water Efficient Landscaping Standards (WELS) and shall provide
a 36 inch boxed replacement tree in the front yard of Lot 1.
7. Easements: Upon recordation of the Parcel Map, the applicant shall cause
Easements to be recorded as shown on the approved Tentative Parcel Map for
private utilities, private storm drains, reciprocal ingress and egress, etc.
8. Park Impact Fee: The applicant shall pay the current park impact fee, based on a
density range of six to thirteen units per gross acre, for the development of the site.
Prior to recordation of the Parcel Map, 75% of this fee is due and the remaining 25%
is due prior to issuance of a certificate of building occupancy. A credit shall be
provided for any legally constructed residence on the project site.
9. Fences: All new fencing shall be a good-neighbor style wood fence and 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/developer, if found to be in poor condition.
10. 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).
11. Utilitv Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to
installation of PG&E utility (transformer) boxes and San Jose Water Company back-
Planning Commission Resolution No. 3873
PLN2007-196/PLN2008-10 - 45 Sunnyside Avenue
Planned Development Permit & Tree Removal Permit
Page 5
flow preventers, indicating the location of the boxes and screening (if the boxes are
above ground) for approval by the Community Development Director.
12. On-Site Liahtina: 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.
13. Demolition of Structures: Prior to recordation of the Parcel Map the applicant shall
obtain a building permit for the demolition of existing structures.
14. 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. Truck routes to and from the construction site should be established and
submitted to the City for review and approval prior to issuance of a building
permit. These truck routes shall avoid access to the project site via residential
streets where possible.
c. All construction equipment with internal combustion engines used on the project
site shall be properly muffled and maintained in good working condition.
d. Unnecessary idling of internal combustion engines shall be strictly prohibited.
e. 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.
f. Prior to the issuance of building permits, the project site shall be posted with the
name and contact number of the lead contractor and construction hours in a
location visible from the public street so that the contractor can be made aware of
noise complaints.
g. Construction equipment, vehicles, and workers associated with the development
of the project shall not be permitted to park on any residential streets.
h. Use dust-proof chutes for loading construction debris onto trucks.
i. Water or cover stockpiles of debris, soil, and other materials that can be blown by
the wind.
j. Cover all trucks hauling soil, sand, and other loose materials or require all trucks
to maintain at least two feet of freeboard.
Planning Commission Resolution No. 3873
PLN2007-196/PLN2008-10 - 45 Sunnyside Avenue
Planned Development Permit & Tree Removal Permit
Page 6
k. Sweep daily (with water sweepers) all paved access roads, parking areas, and
staging areas at the construction site.
I. Sweep streets daily (with water sweepers) if visible soil material is carried onto
adjacent public streets, as directed by the City Engineer.
m. Enclose, cover, water twice daily or, or apply (non-toxic) soil stabilizers to
exposed stockpiles (dirt, sand, etc.).
15. Utilities: All new on-site utilities shall be installed underground per section 21.18.140
(Undergrounding of Utilities) of the Campbell Municipal Code.
16. 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 building permits.
BUILDING DIVISION:
17. Permits Reauired: A separate building permit application shall be required for the
proposed new single family dwelling and the complete remodeling and addition to
the existing structure. The building permits shall include
Electrical/Plumbing/Mechanical fees when such work is part of the permit.
18. 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.
19. Plan Preparation: Portions of this project require 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.
20. Construction Plans: The conditions of Approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
21. Size of Plans: The minimum size of construction plans submitted for building
permits shall be 24 in. X 36 in.
22. Site Plan: Applications for building permits shall include competent engineer
prepared site plans that identify each property and the proposed structures with
dimensions and elevations as appropriate. Site plan shall also include thorough site
drainage details.
Planning Commission Resolution No. 3873
PLN2007-196/PLN2008-10 - 45 Sunnyside Avenue
Planned Development Permit & Tree Removal Permit
Page 7
23. Foundation Inspection: 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
engineer for the following items:
a. pad elevation
b. finish floor elevation (first floor)
c. foundation corner locations
24. Title 24 Eneray Compliance: California Title 24 Energy Compliance forms Cf-1 R
and MF-1 R shall be blue-lined on the construction plans. 8% X 11 calculations shall
be submitted as well.
25. Special Inspections: When a special inspection is required by C.B.C. Chapter 17,
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 C.B.C Section 106. Please obtain City of Campbell,
Special Inspection forms from the Building Inspection Division Counter.
26. Non-Point Source Pollution Control: 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.
27. Approvals Reauired: The project requires the following agency approval 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.
d. Bay Area Air Quality Management District (Demolitions Only)
Planning Commission Resolution No. 3873
PLN2007-196/PLN2008-10 - 45 Sunnyside Avenue
Planned Development Permit & Tree Removal Permit
Page 8
28. 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.
29. 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.
30. Declaration of Intent to Occupv: The applicant shall obtain a "Declaration of Intent
to Occupy" form from Building Inspection Division. Applicant shall complete the form
and return it to the Building Division upon submittal of application for permit.
31. Applicable Buildina Code: This project is subject to requirements under the 2007
California Building Code. Applicant must demonstrate that residential exterior walls
located within 5 feet of the property line are of 1-hou~ fire resistive construction. Up
to 25% of the exterior wall area is permitted to have unprotected openings (windows)
for exterior walls 3 to 5 feet from property lines. Applicant shall indicate proposed
window area totals for all exteriors walls within 5 feet of property line.
PUBLIC WORKS DEPARTMENT:
32. Tentative Parcel Map: The applicant shall submit a complete and accurate tentative
parcel map in accordance with the Planning Division's checklist and pay the required
Planning Department fees.
33. Parcel Map: Prior to issuance of any grading or building permits for the project, the
applicant shall submit a parcel map for recordation upon approval by the City, pay
various fees/deposits and submit the map in a digital format acceptable to the City.
The current parcel map processing fee for Public Works Department is $3,400.00
plus $75.00 per lot.
34. Preliminary Title Report: Upon submittal of the parcel map, the applicant shall
provide a current (within the past 6 months) Preliminary Title Report.
35. Public Service and Sidewalk Easement: Upon recordation of the parcel map, the
applicant shall grant a five (5) foot public service easement and sidewalk easement
on private property contiguous with the public right-of-way along Sunnyside Avenue.
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.
Planning Commission Resolution No. 3873
PLN2007-196/PLN2008-10 - 45 Sunnyside Avenue
Planned Development Permit & Tree Removal Permit
Page 9
36. Demolition: Prior to recording of the parcel map, the applicant shall obtain a
demolition permit and remove any nonconforming structures if necessary.
37. Monumentation for Parcel Map: Prior to recordation of the parcel map, the applicant
shall provide a cash deposit for setting all monuments shown on the map.
Monuments shall be set per section 20.76.010 of the Campbell Municipal Code.
38. Soils Report: Prior to issuance of any grading or building permits for the site,
applicant shall provide a soils report prepared by a registered geotechnical or civil
engineer.
39. Gradina and Drainaae 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.
40. 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 $2,120.00 per net
acre, which is $423.00.
41. 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.
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. Installation of City approved street trees at 30 feet on center.
d. Removal of existing driveway approaches and necessary sidewalk, curb and
gutter as necessary.
e. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway
approaches as necessary.
f. Construction of conforms to existing public and private improvements, as
necessary.
42. 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.
Planning Commission Resolution No. 3873
PLN2007-196/PLN2008-10 - 45 Sunnyside Avenue
Planned Development Permit & Tree Removal Permit
Page 10
Applicant shall comply with all plan submittals, permitting, and fee requirements of
the serving utility companies.
43. 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.
44. Utility Encroachment Permit: Separate permits for the installation of utilities to serve
the development will be required (including water, sewer, gas, electric, etc.).
Applicant shall apply for and pay all necessary fees for utility permits for sanitary
sewer, gas, water, electric and all other utility work.
45. 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 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.
46. 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 overlaid during 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.
47. Additional Street Improvements: Should it be discovered after the approval process
that new utility main lines, extra utility work or other work is required to service the
development, and should those facilities or other work affect any public
improvements, the City may add conditions to the development/project/permit, at the
discretion of the City Engineer, to restore pavement or other public improvements to
the satisfaction of the City.
48. 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.
Planning Commission Resolution No. 3873
PLN2007-196/PLN2008-10 - 45 Sunnyside Avenue
Planned Development Permit & Tree Removal Permit
Page 11
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.
49. Occupancy: 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.
FIRE DEPARTMENT
50. Reauired Fire Flow: The fire flow for this project is 1000 gpm at 20 psi residual
pressure. The required fire flow is available from area water mains and fire
hydrant(s) which are not spaced at the required spacing.
51. Reauire Fire Flow Option (Sinale familv Dwellinas): Provide the required fire flow
from hydrants spaced at a maximum of 500 feet OR provide an approved fire
sprinkler system throughout all portions of the building, designed per National Fire
Protection Association (NFPA) Standard #13D and local ordinances. The fire
sprinkler system supply valving shall be installed per Fire department Standard
detail & Specifications W-1/SP-6.
52. Reauired Access to Buildinas: Portions of the structure(s) are greater than 150 feet
of travel distance a s measured along an accessible route of travel, from an
approved fir apparatus access roadway or driveway. Provide an approved fire
apparatus roadway and approved turnaround OR, install an automatic residential fire
sprinkler system throughout all portions of the building.
53. Project Plans: To prevent review and inspection delays, the Conditions of Approval
shall be addressed as "notes" on all pending and future plan submittals and any
referenced diagrams to be reproduced onto the future plan submittal.
Planning Commission Resolution No. 3873
PLN2007-196/PLN2008-10 - 45 Sunnyside Avenue
Planned Development Permit & Tree Removal Permit
Page 12
PASSED AND ADOPTED this 11th day of March, 2008, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Ebner, Gairaud, Gibbons, Rocha and Roseberry
None
Alderete, Doorley,
None
APPROVED &h ~~,
Bob Roseberry, Ch
ATTEST: