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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 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. 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 Page 4 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. Planning Commission Resolution No. 3941 PLN2009-22 - 1580 W. Hacienda Avenue -Site and Architectural Review Permit Page 5 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 Page 6 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. Planning Commission Resolution No. 3941 PLN2009-22 - 1580 W. Hacienda Avenue -Site and Architectural Review Permit Page 7 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. Planning Commission Resolution No. 3941 PLN2009-22 - 1580 W. Hacienda Avenue -Site and Architectural Review Permit Page 8 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