PC Res 3922RESOLUTION NO. 3922
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL GRANTING APPROVAL OF A SITE AND
ARCHITECTURAL REVIEW PERMIT (PLN2008-177) TO ALLOW
FIRST AND SECOND STORY ADDITIONS WITH A MINOR
MODIFICATION TO A SIDE YARD SETBACK AND AN FAR OVER .45
ON PROPERTY OWNED BY NICK AND LESLIE GARCIA LOCATED
AT 1137 N. CENTRAL AVENUE IN AN R-1-6 (SINGLE FAMILY
RESIDENTIAL) ZONING DISTRICT. APPLICATION OF MR. LUC HUA.
FILE NO.: PLN2008-177.
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 PLN2008-177.
1. The density of the residential project will result in a density of 5.5 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-1-6 (Single-Family Residential, 6,000 square foot
minimum lot size) zoning district and meets the minimum setbacks, height restriction,
building coverage, and parking requirements of the R-1-6 Zoning District with approval
of a side yard setback and FAR exception.
3. The proposed addition to the existing two-story single family residence with attached
garage would result in a total building area of 2,792 square feet and a building
coverage of 31.1 %.
4. The proposed project would result in a floor-to-area ratio (FAR) of .456.
5. The existing maximum height of the home is 21 feet, 9 inches and the maximum height
of the proposed addition would be 21 feet, 9 inches where the maximum height limit is
35 feet.
6. The proposed project is surrounded by single-family residences on the north, south,
and west, and a San Jose public park to the east.
7. The project provides two covered and 2 uncovered parking spaces where a minimum
of one covered and one uncovered parking space are required.
8. The project qualifies as a Categorically Exempt project per Section 15303, Class 1, of
the California Environmental Quality Act (CEQA) pertaining to the construction of
additions to existing dwellings.
Planning Commission Resolution No. 3922
PLN2008-177 - 1137 N. Central Avenue -Site and Architectural Review Permit
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9. The expansion of the second story would not significantly alter the scale and mass of
the residence.
10. Most residences in the project vicinity are two story homes.
11. The extension of the second story is a minor addition that is consistent with the existing
two-story development pattern of the neighborhood and is an extension along an
existing second story setback.
12. The location of the second story addition would largely place it adjacent to a first-story
portion of the neighboring residence. Additionally, the second story portion of the
adjacent residence does not have side windows facing the subject property.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The perceived scale and mass of the home is compatible with the adjacent homes and
the homes in the surrounding area.
2. The home minimizes the use of design features that make it appear significantly larger
than the adjacent homes and the homes in the surrounding area.
3. The side setback would not be detrimental to the health, safety, peace, comfort or
general welfare of persons in the neighborhood, or the city as a whole.
4. The side setback would not unreasonably interfere with the ability of adjoining property
owners to enjoy access to air, privacy, sunlight, and the quiet enjoyment of the owner's
property.
5. The proposed project is consistent with the City of Campbell General Plan and Zoning
Ordinance.
6. The proposed project, as conditioned, will aid in the harmonious development of the
immediate area.
7. The proposed project is well designed and is architecturally compatible with the
surrounding neighborhood.
8. 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.
9. The proposed project will contribute to the housing stock in the City of Campbell and
serve the housing needs of the community.
Planning Commission Resolution No. 3922
PLN2008-177 - 1137 N. Central Avenue -Site and Architectural Review Permit
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10. There is a reasonable relationship between the use of the fees imposed upon the
project and the type of development project.
11. 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 (PLN2008-177) to allow first and second story additions with a
minor modification to a side yard setback and an FAR over .45 on property owned by Nick
and Leslie Garcia located at 1137 N. Central Avenue in an R-1-6 (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.
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
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 Project: Approval is granted for a Site and Architectural Review Permit
(PLN2008-177) to allow first- and second-story additions to an existing single-family
residence located at 1137 N Central Avenue. The project shall substantially conform to
the revised project plans and material board stamped as received by the Community
Development Department on December 19, 2008 except as may be modified by the
conditions of approval herein:
3. Planning Final Required: Planning sign off is required to prior to Building Permit
final. Construction not in substantial compliance with the approved project plans will not
be approved without prior authorization of the necessary approving body.
4. Site and Architectural Review Permit Approval Expiration: The Site and Architectural
Review Permit approval shall be valid for two years from the date of final approval.
Within this one-year period a building permit must be obtained. Failure to meet these
deadlines will result in the Architectural Site and Review Permit being void.
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PLN2008-177 - 1137 N. Central Avenue -Site and Architectural Review Permit
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5. Fences/V1lalls: 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.
6. Compliance with Other Regulations: The applicant shall comply with other state,
county, and city ordinances that pertain to the proposed project and where they are
conducted.
7. Contractor Contact Information Posting: 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. On-Site Lighting: 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.
9. 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.
10. 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.
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PLN2008-177 - 1137 N. Central Avenue -Site and Architectural Review Permit
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Building Division:
11. Permits Required: A building permit application shall be required for the proposed
addition to the existing structure. The building permit shall include
Electrical/Plumbing/Mechanical fees when such work is part of the permit.
12. Construction Plans: The conditions of approval shall be stated in full on the cover sheet
of construction plans submitted for building permit.
13. Size of Plans: The size of construction plans submitted for building permits shall be 24
inches by 36 inches.
14. 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.
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. Title 24 Energy Compliance: California Title Energy Compliance forms CF-1 R and MF-
1 R shall be blue-lined on the construction plans. 8'/z X 11 calculations shall be
submitted as well.
17. 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.
18. 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.
19. Approvals Required: 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)
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Note: To determine your school district, contact the offices identified above or
visit: http://www.sccoe.k12.ca.us/resourcesfamilies/districtlocator. 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)
20. 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.
21. Intent to Occupy During 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.
22. Build it Green: Applicant shall complete and submit a "Build it Green" inventory of the
proposed new single family project prior to issuance of building permit.
PASSED AND ADOPTED this 13th day of January, by the following roll call vote:
AYES: Commissioners: Alderete, Ebner, Gairaud, Gibbons and Rocha
NOES: Commissioners: None
ABSENT: Commissioners: Roseberry
ABSTAIN: Commissioners: None
APPROVED:
Mark r, h r
ATTEST:
Ciddy Word I, Acting Secretary