PC Res 3941RESOLUTION NO. 3941
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A SITE AND
ARCHITECTURAL REVIEW PERMIT (PLN2009-22) TO ALLOW
FOR THE DEMOLITION OF AN EXISTING DWELLING UNIT AND
ACCESSORY GARAGE AND CONSTRUCTION OF A NEW TWO-
STORYSINGLE-FAMILY REISDNECE ON PROPERTY OWNED BY
MR. GEORGE DICU LOCATED AT 1580 W. HACIENDA AVENUE
IN AN R-1-9 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT.
APPLICATION OF MR. GEORGE DICU. FILE NO.: PLN2009-22.
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 PLN2009-22:
The General Plan land use designation for the project site is Low Density Residential
(less than 4.5 units per gross acre). The density of the proposed project is 4.76 units
per gross acre, and is located on a legal non-conforming lot.
2. The subject property is zoned R-1-9 (Single Family Residential, 9,000 square foot
minimum lot size.) With a net lot size of 7,676 sq. ft., the proposed project is located on
a legal non-conforming lot and as such is permitted an exception to the side, rear
setbacks and lot coverage requirements of the zoning district in which the lot would be
conforming (R-1-6).
3. The project 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 3,498
square feet.
5. The height of the home is 26 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, hipped and gabled rooflines,
an attached garage, and complementary roofing and siding materials.
7. The proposed project is surrounded by single-family residential uses on the north,
south, east and 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.
Planning Commission Resolution No. 3941
PLN2009-22 - 1580 W. Hacienda Avenue -Site and Architectural Review Permit
Page 2
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.
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 approves a Site and
Architectural Review Permit (PLN2009-22) to allow for the demolition of an existing
dwelling and accessory garage and construction of a new two-story single-family residence
on property owned by Mr. George Dicu located at 1580 W. Hacienda 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. 3941
PLN2009-22 - 1580 W. Hacienda Avenue -Site and Architectural Review Permit
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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.
Acknowledged & Accepted:
r
George Dicu, plicant
2. Approved Project: Approval is granted for a Site and Architectural Review Permit
(PLN2009-22) allow the demolition of an existing single family residence and detached
garage and construction of a new single family residence located at 1580 W. Hacienda
Avenue. The project shall substantially conform to the project plans stamped as
received by the Comrunity Development Department on March 17, 2009 except as
may be modified by the conditions of approval herein.
a. The applicant shall provide obscured glass for the rear second story bathroom
window.
3. Site and Architectural Review Permit A royal Ex iration: 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 iri the Administrative Architectural Site and Review Permit being
void.
4. 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.
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.
6. 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.
Planning Commission Resolution No. 3941
PLN2009-22 - 1580 W. Hacienda Avenue -Site and Architectural Review Permit
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7. On-Site Liahting: 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 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. A separate
permit application shall be submitted for the demolition of the (e) structure.
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 minimum size of construction plans submitted for building permits
shall be 24 in. X 36 in.
13. 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.
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PLN2009-22 - 1580 W. Hacienda Avenue -Site and Architectural Review Permit
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14. 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.
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 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 Energy Compliance: California Title 24 Energy Compliance forms shall be blue-
lined on the construction plans. 8'/z X 11 calculations shall be submitted as well.
18. 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.
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)
iii) Moreland School District (874-2900)
iv) Cambrian School District (377-2103)
Planning Commission Resolution No. 3941
PLN2009-22 - 1580 W. Hacienda Avenue -Site and Architectural Review Permit
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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)
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. 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.
23. Construction Fencing: 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.
24. 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.
Public Works Department:
25. 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.
26. 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, currently set at $2,120.00 per
net acre, which is $374.00.
27. Deferred Street Improvement Agreement: Prior to issuance of any grading or building
permits for the site, the owner shall execute a deferred street improvement agreement
for construction of standard street improvements. Unless otherwise approved by the
City Engineer these improvements shall include, but are not limited to, removal and
replacement of street pavement structural section to centerline, relocation of utility
poles and associated facilities as required, installation of curb, gutter, sidewalk, ADA
compliant driveways, street trees, street lights, necessary drainage facilities and
necessary conforms to existing improvements.
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28. 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. Applicant
shall comply with all plan submittals, permitting, and fee requirements of the serving
utility companies.
29. 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.
30. 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.
31. 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.
Hacienda Avenue has not been reconstructed or overlaid in the last 5 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.
32. 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.
33. 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.
34. 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.
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PLN2009-22 - 1580 W. Hacienda Avenue -Site and Architectural Review Permit
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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 Qualify:
A Companion Document to Start at the Source ("Using Site Design Techniques") by
BASMAA, 2003.
County Fire Department:
35. Required Fire Flow: The fire flow for this project is 1,000 gpm at 20 psi residual
pressure. The adjusted fire flow is available from area water mains and fire hydrant(s)
which are spaced at the required spacing.
PASSED AND ADOPTED this 24th day of March, 2009, by the following roll call vote:
AYES: Commissioners: Alster, Gairaud and Roseberry
NOES: Commissioners: Alderete and Ebner
ABSENT: Commissioners: Rocha and Gibbons
ABSTAIN: Commissioners: None
APPROVED:
ATTEST: .~
Ciddy Wordell, cting Secretary