PC Res 3889
RESOLUTION NO. 3889
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL GRANTING A SITE AND ARCHITECTURAL
REVIEW PERMIT (PLN2008-46) TO ALLOW THE CONSTRUCTION
OF A NEW TWO-STORY SINGLE-FAMILY RESIDENCE ON
PROPERTY OWNED BY YENPANG UN AND WEICHIA CHEN
LOCATED AT 1438 YORK AVENUE IN AN R-1-9 (SINGLE FAMILY
RESIDENTIAL) ZONING DISTRICT. APPLICATION OF YENPANG
L1N AND WEICHIA CHEN. FILE NO.: PLN2008-46.
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 PLN2008-46.
1. The density of the residential project will result in a density of 4 units per gross acre,
which is consistent with the General Plan land use designation of Low Density
Residential (less than 4.5 units per gross acre).
2. The project is consistent with the R-1-9 (Single-Family Residential, 9,000 square foot
minimum lot size) zoning district and meets the minimum setbacks, height restriction,
building coverage, and parking requirements of the R-1-9 Zoning District for a parcel
with a lot width less than 60 feet.
3. The project is consistent with the development standards and design guidelines of the
San Tomas Area Neighborhood Plan.
4. The proposed new two story single-family residence and attached garage consists of
4,264 square feet and a building coverage of 29%.
5. The height of the home is 24 feet, 6 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.
7. The proposed project is surrounded by single-family residences on the north, south and
east and duplexes to the west.
8. The project provides two covered and two 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
additions to existing dwellings.
Planning Commission Resolution No. 3889
PLN2008-46 - 1438 York Avenue - Site and Architectural Review Permit
Page 2
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 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 (PLN2008-46) to allow the construction of a new two-story
single-family residence on property owned by Yenpang Un and Weichia Chen located at
1438 York Avenue in an R-1-9 (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. 3889
PLN2008-46 - 1438 York 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
(PLN2008-46) to allow the construction of a new two story single-family residence
located at 1438 York Avenue. The project shall substantially conform to the project
plans stamped as received by the Community Development Department on April 17,
2008, except as may be modified by the Conditions of Approval herein.*
a. The applicant shall provide details of the porch entryway, covered patio and
columns for review and approval of the Community Development Director to show
that the columns do not overhang the porch and/or patio.
* 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 Approval Expiration: 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. Landscape Plan: The applicant shall submit two (2) sets of a final landscape/site plan
to the Planning Division, prior to the issuance of building permits, for review and
approval by the Community Development Director. The landscape plan shall
substantially conform with the approved conceptual landscape plan and the City's
Water Efficient Landscaping Standards (WELS).
5. Tree Protection Plan: The applicant shall submit a tree protection plan for all 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 included in the building permit set and reviewed and approved by the
Community Development Director prior to the issuance of building or grading permits.
The tree protection measures shall be installed prior to any demolition, grading, or
building on the project site. Documentation of the installation of the tree protection
measures shall be submitted to the Planning Division (Le. photos). No construction or
Planning Commission Resolution No. 3889
PLN2008-46 - 1438 York Avenue - Site and Architectural Review Permit
Page 4
trenching shall take place within the drip line of trees and a fence constructed of
temporary cyclone fencing or wire mesh securely attached to poles driven into the
ground shall be installed around the drip line of the tree.
6. Windows: The applicants shall install obscure glass for all second story bathroom
windows.
7. Architectural Details: The applicants shall submit an alternate design for the garage
door (carriage style garage door) for review and approval by the Community
Development Director SARC recommended that a carriage style garage door would
add to the visual appeal of the proposed residence
8. Fences/Walls: 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.
9. Property Maintenance: The property is to be maintained free of any combustible trash,
debris and weeds until the time that actual construction commences. All 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.)
10. Vector Abatement: Vector abatement for potential vermin control resulting from the
demolition of existing accessory structures shall be performed on site prior to issuance
of a demolition and/or building permit.
11. Parkino and Drivewavs: All parking and driveway areas shall be developed in
compliance with the approved plans with the requirement for either stamped concrete
or interlocking pavers, and Chapter 21.28 (Parking and Loading) of the Campbell
Municipal Code.
12. Utilities: All new on-site utilities shall be installed underground per section 21.18.140 of
the Campbell Municipal Code.
13. Compliance with Other Reoulations: The applicants shall comply with other state,
county, and city ordinances that pertain to the proposed project and where they are
conducted.
14. Contractor Contact Information Postino: 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.
15. On-Site Liohtinq: 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
Planning Commission Resolution No. 3889
PLN2008-46 - 1438 York Avenue - Site and Architectural Review Permit
Page 5
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.
16. Roof Vents: The applicants shall coordinate mechanical and plumbing plans to
minimize the number of roof vents that are visible from the street frontage. The
applicants 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.
17. Construction Activities: The applicants 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.
18. Permits Required: 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.
Building Division:
19. Permits Required: A building permit application shall be required for the proposed new
single family dwelling structure. The building permit shall include
Electrical/Plumbing/Mechanical fees when such work is part of the permit.
20. 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.
21. Construction Plans: The Conditions of Approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
22. Size of Plans: The size of construction plans submitted for building permits shall be 24
inches by 36 inches.
Planning Commission Resolution No. 3889
PLN2008-46 - 1438 York Avenue - Site and Architectural Review Permit
Page 6
23. 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.
24. 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.
25. 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 the approved plans. Horizontal and
vertical controls shall be set and certified by a licensed surveyor or registered engineer
for the following:
a. pad elevation
b. finish floor elevation (first floor)
c. foundation corner locations
26. Title 24 EnerQV Compliance: California Title Energy Compliance forms CF-1 Rand MF-
1 R shall be blue-lined on the construction plans. 8% X 11 calculations shall be
submitted as well.
27. 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 Appendix Chapter 1, Section 106. Please obtain City of
Campbell, Special Inspection forms from the Building Inspection Division Counter.
28. 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.~
29. 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)
jji) Moreland School District (874-2900)
iv) Cambrian School District (377-2103)
Planning Commission Resolution No. 3889
PLN2008-46 - 1438 York Avenue - Site and Architectural Review Permit
Page 7
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)
30. P.G.& E.: Applicants are 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.
31. Intent to OCCUpy Durinq Construction: Owners shall declare their intent to occupy the
dwelling during construction. The Building Inspection Division may require the
premises to be vacated during portions of construction because of substandard and
unsafe living conditions created by construction.
32. 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 Division:
33. 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 $488.00.
34. 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.
35. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and
sewer cleanout(s) shall be relocated or installed on private property behind the public
right-of-way line. The property owners will be given the option of entering into a
maintenance agreement for the water meter and associated water pipe in lieu of
relocating the water meter.
36. Utility Coordination Plan: Prior to issuance of building permits for the site, the
applicants 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.
Planning Commission Resolution No. 3889
PLN2008-46 - 1438 York Avenue - Site and Architectural Review Permit
Page 8
37. Pavement Restoration: Based on the utility coordination plan, the applicants 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. Kenneth Avenue and
38. Utilitv Encroachment Permit: Separate permits for the installation of utilities to serve
the development will be required (including water, sewer, gas, electric, etc.).
Applicants shall apply for and pay all necessary fees for utility permits for sanitary
sewer, gas, water, electric and all other utility work.
39. 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.
40. 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.
41. Occupancy and Buildinq Permit Final: Prior to allowing occupancy for any and/or all
buildings, the applicants shall have the required street improvements installed and
accepted by the City, and the design engineer shall submit as-built drawings to the
City.
SANTA CLARA COUNTY FIRE DISTRICT
42. Required Fire Flow: The fire flow for this project is 1750 gpm at 20 psi residual
pressure. As an automatic fire sprinkler system will be installed, the fire flow has been
reduced by 50% establishing a required adiusted minimum fire flow of 1,000 gpm at
20psi residual pressure. The adjusted fire flow is available from area water mains and
fire hydrant(s) which are spaced at the required spacing.
Planning Commission Resolution No. 3889
PLN2008-46 - 1438 York Avenue - Site and Architectural Review Permit
Page 9
43. Automatic Fire Sprinkler System Required: All new buildings with a gross floor area in
excess of 3,600 square feet and all new buildings located within the designated
Wildland-Urban Interface area, shall be protected throughout by an approved,
automatic fire sprinkler system, hydraulically designated per National Fire Protection
Association (NFPA) Standard #13D. 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.
PASSED AND ADOPTED this 27th day of May, by the following roll call vote:
AYES:
Commissioners:
Alderete, Doorley, Ebner, Gairaud, Gibbons, Rocha and
Roseberry
None
None
None
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
APPROVED:
Bob Roseberry, Ch
ATTEST:
Secretary