PC Res 3997RESOLUTION NO. 3997
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A SITE AND ARCHITECTURAL
REVIEW PERMIT (PLN2010-55) TO ALLOW ASECOND-STORY
ADDITION TO A ONE-STORY SINGLE-FAMILY RESIDENCE
RESULTING IN A FAR THAT EXCEEDS .45 ON PROPERTY
LOCATED AT 1685 WESTMONT AVENUE IN AN R-1-6 (SINGLE
FAMILY RESIDENTIAL) ZONING DISTRICT. APPLICATION OF
KULVINDER & AMRAT BANWAIT. FILE NO.: PLN2010-55.
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 PLN2010-55.
Environmental Finding
1. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 of the
California Environmental Quality Act (CEQA), pertaining to the construction of additions
to existing structures within an area where all public services and facilities are available
to allow for maximum development permissible in the General Plan and not
environmentally sensitive.
Evidentiary Findings
1. The project site is zoned R-1-6 (Single Family Residential) on the City of Campbell
Zoning Map.
2. The project site is designated Low Density Residential (6 units/gr. acre) on the City of
Campbell General Plan Land Use diagram.
3. The proposed project will be compatible with the R-1-6 (Single Family Residential) Zone
District with approval of a Site and Architectural Review Permit due the proposed FAR of
.497.
4. The project site is located on the north Westmont Avenue, between Silacci Drive and
Harriet Avenue.
5. The proposed addition is a simple extension along existing building lines in that the
second story addition is within existing setbacks (with a one foot rear elevation cantilever
that conforms to the required rear yard setback and with proposed side yard setbacks
that conform to the current setback requirements for two story walls).
6. The project complies with the San Tomas Area Neighborhood Plan design guidelines in
that the project is of a simple design that is architecturally compatible with the existing
residence and uses appropriate exterior materials for the area.
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7. The project is compatible with the architecture of the existing home and the adjacent
neighborhood in that the project utilizes simple architectural design that matches existing
materials and colors of existing residence, with a design not out of conformance with the
surrounding community.
8. 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.
9. There is a reasonable relationship and a rough proportionality between the Conditions of
Approval and the impacts of the project.
10. There is a reasonable relationship between the use of the fees imposed upon the project
and the type of development project.
Based upon the foregoing findings of fact and pursuant to Campbell Municipal Code Sec.
21.42.060(B) and the San Tomas Area Neighborhood Plan, the Planning Commission
further finds and concludes that:
1. The project will be consistent with the General Plan;
2. The project will aid in the harmonious development of the immediate area; and
3. The project is consistent with applicable adopted design guidelines.
THEREFORE, BE IT RESOLVED that the Planning Commission approves a Site and
Architectural Review Permit (PLN2010-55) to allow asecond-story addition to a one-story
single-family residence resulting in a FAR that exceeds .45 on property located at 1685
Westmont Avenue in an R-1-6 (Single Family Residential) Zoning District.
The applicant is hereby notified, as part of this application, that he/she is required to meet
the following conditions in accordance with the ordinances of the City of Campbell and the
State of California. Where approval by the Community Development Director, 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
Approved Project: Approval is granted for a Site and Architectural Review Permit
(PLN2010-55) allowing the construction of a 1,071 square foot second story addition to a
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PLN2010-55 - 1685 Westmont Avenue -Site and Architectural Review Permit
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1,910 square foot existing one story residence resulting in a Floor Area Ratio (FAR) of
.497 on property located at 1685 Westmont Avenue. The project shall substantially
conform to the revised project plans stamped as received by the Planning Division on
August 27, 2010, except as may be modified by the conditions of approval herein.
2. Permit Expiration: The Site and Architectural Review Permit approval shall be valid for
one year from the date of final approval (September 24, 2011). Within this one-year
period, an application for a building permit must be submitted. Failure to meet this
deadline will result in the Site and Architectural Review Permit being rendered void.
3. Planning Final Required: Planning Division clearance is required 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.
4. Exterior Colors: The applicant shall choose one of the two proposed exterior colors for
the exterior of the residence. At no time shall two body colors be used on the exterior of
the residence.
5. 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.
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. 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.
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11. Grading Plan: The building permit construction plans shall include a grading and
drainage plan prepared by a qualified engineer showing drainage indicating actual (not
assumed) existing and proposed grades relative to existing grade and showing
management of on-site drainage for review and approval by the Community
Development Director. The existing grade shall be modified by the minimum necessary
to ensure proper drainage.
12. Height Measurements: The height measurements on the elevation sheets shall be
revised on the building permit construction plans to be consistent with the grading and
drainage plan.
13. 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
14. Permits Required: A building permit application shall be required for the proposed new
second story addition to and remodel of the existing dwelling structure. The building
permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the
permit.
15. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet
of construction plans submitted for building permit.
16. Size of Plans: The minimum size of construction plans submitted for building permits
shall be 24 in. X 36 in.
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17. 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.
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 shalt be prepared by a
licensed engineer specializing in soils mechanics.
19. 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. Elevation bench marks
shall be called out at all locations that are identified as "natural grade" and intended for
use to determine the height of the proposed structure.
20. 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.
21. 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.
22. Non-point Pollution Control Program: 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.
23. Approvals Required: The project requires the following agency appraval 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 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)
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24. 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.
25. 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.
26. 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.
27. Build it Green: Applicant shall complete and submit a "Build it Green" inventory of the
proposed new single family project prior to the issuance of a building permit.
PUBLIC WORKS DEPARTMENT
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(~: 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.
Westmont 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.
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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. 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.
PASSED AND ADOPTED this 14t" day of September, 2010, by the following roll call vote:
AYES: Commissioners: Alster, Cristina, Ebner, Gibbons, Resnikoff, Reynolds, and
Roseberry
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
APPROVED:
EI' eth Gibbons, Chair
1,
ATTEST: --~~ -
Kir< Heinrichs, Secretary