CC Resolution 11361RESOLUTION NO. 11361
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL DENYING AN APPEAL AND UPHOLDING THE
PLANNING COMMISSION'S ACTION TO APPROVE A SITE AND
ARCHITECTURAL REVIEW PERMIT (PLN2011-227) TO MODIFY THE
REQUIRED SIDE YARD SETBACK TO ALLOW A TWO-STORY
ADDITION TO AN EXISTING TWO-STORY RESIDENCE LOCATED
AT 1370 E. CAMPBELL AVENUE IN AN R-1-6 (SINGLE FAMILY
RESIDENTIAL) ZONING DISTRICT. FILE NO.: PLN2011-227
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 City Council did find as follows with
respect to application PLN2011-227.
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.
4. The project site is located on the south side of Campbell Avenue, west of Leigh Avenue.
5. The proposed rear addition is a simple extension along existing building lines.
6. The application is subject to design review under the City of Campbell Design Guidelines
for Additions to Single Family Homes.
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.
Based upon the foregoing findings of fact and pursuant to Campbell Municipal Code
Sections 21.08.030(E) and 21.42.060(8), the Planning Commission further finds and
concludes that:
City Council Resolution Page 2
Denying an Appeal and Upholding Planning Commission's Action
PLN2011-227 - 1370 W. Campbell Avenue -Site and Architectural Review Permit
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; and,
2. 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.
3. The project will be consistent with the General Plan;
4. The project will aid in the harmonious development of the immediate area; and
5. The project is consistent with applicable adopted design guidelines.
6. This project is exempt from the California Environmental Quality Act (CEQA) per
Section 15301, Class 1, pertaining to the construction of additions to existing
structures.
THEREFORE, BE IT RESOLVED that the City Council denies an appeal and upholds the
Planning Commission's action to approve a Site and Architectural Review Permit
(PLN2011-227) to modify the required side yard setback to allow atwo-story addition to an
existing two-story residence located at 1370 E. Campbell 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
Approved Project: Approval is granted for a Site and Architectural Review Permit
(PLN2011-227) allowing a Modification of a Side Setback for the construction of a
second-story addition to an existing two-story residence located at 1370 E. Campbell
Avenue. The project shall substantially conform to the project plans stamped as
received by the Planning Division on September 6, 2011, 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 (November 18, 2012). 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.
City Council Resolution Page 3
Denying an Appeal and Upholding Planning Commission's Action
PLN2009-96 - 1860 W. Campbell Avenue -Modification to Use Permit -Arco AM/PM
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. Reduce Eaves on Second Story: Building permit construction drawings shall reflect a
reduced eave overhang of 18 inches on the second story addition.
5. New Windows: All new windows on the east facing wall, both on the existing and
proposed portions of the residence, shall have a high sill height or incorporate
obscured glass to ensure the privacy of the adjacent homeowner.
6. 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.
7. Construction Activities: The applicant shall abide by the following requirements during
construction:
a. 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.
b. 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
c. All construction equipment with internal combustion engines used on the project site
shall be properly muffled and maintained in good working condition.
d. Unnecessary idling of internal combustion engines shall be strictly prohibited.
e. 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.
f. Use standard dust and erosion control measures that comply with the adopted Best
Management Practices for the City of Campbell.
City Council Resolution Page 4
Denying an Appeal and Upholding Planning Commission's Action
PLN2009-96 - 1860 W. Campbell Avenue -Modification to Use Permit -Arco AM/PM
Building Division
8. Permits Required: A building permit application shall be required for the proposed
extensive remodeling and addition to the existing structure. The building permit shall
include Electrical/Plumbing/Mechanical fees when such work is part of the permit.
9. Project Description: This project is proposed as a "remodel and addition to an existing
dwelling". The scope of work proposed under this project is similar to the construction
of a new single-family dwelling. The Building Inspection Division will consider this
project as a "remodel and addition" however, because of the scope of construction,
fees will be calculated based on the comparative similarities to new construction.
10. 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.
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. 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.
14. Title 24 Energy Compliance: California Title 24 Energy Compliance forms shall be
blue-lined on the construction plans. 8'/2 X 11 calculations shall be submitted as well.
15. 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.
16. 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.
17. Approvals Required: The project requires the following agency approval prior to
issuance of the building permit:
a. West Valley Sanitation District (378-2407)
City Council Resolution Page 5
Denying an Appeal and Upholding Planning Commission's Action
PLN2009-96 - 1860 W. Campbell Avenue -Modification to Use Permit -Arco AM/PM
b. Santa Clara County Fire Department (378-4010)
c. Bay Area Air Quality Management District (Demolitions Only)
d. 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.
18. 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.
19. 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.
20. 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.
PASSED AND ADOPTED this 17th day of January , 2012, by the following
roll call vote:
AYES: COUNCILMEMBERS: Cristina, Baker, Waterman, Low, Kotowski
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
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Michael F. Kotowski, Mayor
ATTEST:
nne Bybee, City Clerk