City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-1313 Agenda Date: 11/9/2022
REPORT TO PLANNING COMMISSION
SUBJECT
Action on a Variance to the Rear Accessory Building Setback and the Accessory Building Setback from the Main Building, in Order to Allow a 68 square foot accessory building in the rear of a Single- Family Residence at 2121 Sheraton Drive; and Action on a Class 1(e) CEQA Categorical Exemption File No.(s): PLN22-00441
Location: 2121 Sheraton Dr., a 7,000 square foot single-family residential lot, APN: 224-31-104; the property is zoned R1-6L - Single Family Residential.
Applicant: Jim Horner
Owner: Jim Horner
Request: Variance to the code required rear accessory building setback and the accessory building setback to the main building, in order to allow a 68 square foot accessory building in the rear of a single-family residential lot.
CEQA: Not required per Section 15270, Projects Which Are Disapproved. If approved, Categorically Exempt per Section 15301, Class 1(e) Additions to Existing Structures.
Staff Recommendation: To deny the accessory structure based on the requirements of City Code.
BACKGROUND
On August 3rd, 2022, the applicant, Jim Horner, filed an application for a variance to retain an existing 68 square foot accessory building without plumbing located in the rear setback area of a single-family residence. The project requires a variance in order to maintain the applicant’s ‘hobby hut’ inside the rear five-foot accessory building setback and closer than six feet from the main building.
The location of the accessory building in the rear yard formerly housed an outdoor spa. The applicant has chosen to replace this outdoor spa with the 68 square foot hobby hut. The City of Santa Clara does not require a building permit for structures under 100 square feet, however the City Code does specify that all accessory buildings shall be five feet away from the rear property line and six feet or more from the main building. The applicant has submitted evidence showing that within the subdivision tract for which the subject site is located, there are multiple accessory buildings within required setback areas that have not received permits or variances for their placement. Mr. Horner’s partially finished ‘hobby hut’ has come to Planning Commission as a code complaint was received for the structure being in the accessory building setbacks.
The applicant is specifically requesting a variance of three feet five inches for the rear accessory building setback, where five feet is required, and a variance of three feet seven inches for the accessory building setback from a main building, where six feet is required.
City of Santa Clara Printed on 11/3/2022Page 1 of 3
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22-1313 Agenda Date: 11/9/2022
DISCUSSION
The project proposes a 68 square foot accessory building that would not include plumbing. The applicant has stated that this ‘hobby hut’ would be for his own personal use to tinker and do hobbies.
The proposal as completed would allow the applicant to continue construction on his hobby hut and maintain its location within the accessory building setbacks. The structure sits about four feet from the side setback and about two feet from the rear setback. The structure is about 2.5 feet from the main building.
The minimum required accessory building setback per Santa Clara City Code (SCCC) Section
18.66.020(d) is five feet from the rear property lines and three feet from the side property lines. The minimum required accessory building setback from the main building per Santa Clara City Code (SCCC) Section 18.66.020(f) is six feet.
The subject lot is trapezoid in shape, the rear portion is 44-feet in width and the front portion of the lot is about 112-feet in width. The minimum lot width in the R1-6L zone is 60 feet. Accessory buildings are not allowed to be constructed in the front yard per SCCC Section 18.66.020(b).
The Building Department has reviewed the project and has stated that an electrical permit would be required for any and all electrical work, and that structures less than 120 square feet are exempt from the requirements for a building permit, but must have one hour rated construction. The Fire Department has specified that given the size of the structure, the fire department has no comments nor conditions for the variance application. All departmental comments are attached to this staff report as ‘Department Comments’ for reference.
The applicant has provided a statement of justification for the proposed Variance attached to this staff report as ‘Applicant’s Application Justification’ for review.
Zoning
The proposed project does not comply with the Chapter 18.66 Special Regulations Applicable to Residential Accessory Buildings, specifically Section 18.66.020 (d) and 18.66.020 (f). Pursuant to SCCC Section 18.108.010, where practical difficulties, unnecessary hardships, and effects, inconsistent with the general purposes of the Zoning Code may result from the strict application of certain provisions, variances may be granted. The location of the accessory building at the rear eastern corner of the property, closest to the main structure where the lot is narrower, does not necessarily equate to an unnecessary hardship. The shape, dimensions, and size of the lot are not unusual. For these reasons and the findings in the Resolution attached to this staff report, there is insufficient evidence to support the Variance request.
Conclusion
The proposed Variance would allow the property owner to complete construction and maintain a 68 square foot accessory building that requires a variance due to its placement within the accessory building rear setback and its placement near the main building. The owner’s intent is to optimize the front and side yards of his property and to reuse the former area of an above ground spa for his proposed hobby hut. The proposed structure is similar or smaller than other accessory buildings in the subdivision tract, most of which have not received a permit nor a variance for their placement.
ENVIRONMENTAL REVIEW
Staff’s recommendation is that the Planning Commission deny the variance application. CEQA City of Santa Clara Printed on 11/3/2022Page 2 of 3
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22-1313 Agenda Date: 11/9/2022
Guidelines Section 15270 provides that “CEQA does not apply to projects which a public agency rejects or disapproves.”
If, however, the Commission votes to approve the variance, the project would be categorically exempt from the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15301 (e)(2), additions to existing facilities. The Project would make an addition to an existing structure of less than 10,000 square feet, the Project is located in an area where all public services and facilities are available, and the area where the Project is located is not environmentally sensitive.
FISCAL IMPACT
There is no impact to the City for processing the requested application other than administrative staff time and expense typically covered by processing fees paid by the applicant.
COORDINATION
This report has been coordinated with the City Attorney’s Office.
PUBLIC CONTACT
On October 27, 2022, a notice of public hearing of this item was posted in at least three conspicuous locations within 300 feet of the project site and mailed to property owners within 300 feet of the project site. Planning Staff has not received public comments for this application during the preparation of this report.
RECOMMENDATION
Decline to utilize a Class 1 CEQA Categorical Exemption under CEQA Guidelines Section 15301(e) (2) and adopt a resolution to deny the Variance to the Rear Accessory Building Setback and the Accessory Building Setback from the Main Building for a 68 square foot hobby hut Prepared by: Daniel Sobczak, Assistant Planner I
Reviewed by: Alexander Abbe, Assistant City Attorney
Approved by: Lesley Xavier, Planning Manager
ATTACHMENTS
1. Applicant’s Application Justification
2. Development Plan
3. Department Comments
4. Resolution
5. Conditions of Approval
City of Santa Clara Printed on 11/3/2022Page 3 of 3
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Neighborhood Map
Google Satellite View of Neighborhood
San
To mas
Expy
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Flower Bed
Flower Bed
Flower
Bed
Back
Yard
Front
Yard
Sidewalk Sidewalk
Sidewalk
Garage
Family Room
Living Room
Kitchen
Master
Bedroom
Bedroom Bedroom
Bthrm
Bthrrm
Dining
Flower Bed
Flower Bed
FlowerBed
FlowerBed
FlowerBed
Flow
erBed
Flower Bed
Patio
Circular Driveway
Main Driveway
Covered
Open Sided
Carport
Carport
Driveway
Concrete
Concrete
Concrete Concrete
Flower BedFlower Bed
Sheraton Dr
Hobby
Hut
115'-2"
44'
122'-8"
Sher
aton Dr
44' 10"
67'-9"
*HQHUDO2YHUYLHZ
+REE\+XWLQUHDUULJKW
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ZLWKRXWHDYHRYHUKDQJV
2121 Sheraton Drive, Overview Pictures
Front of House
2121 Sheraton Drive, Overview
Pictures Front Yard
2121 Sheraton Drive, Overview Pictures
Front Yard and Carport
2121 Sheraton Drive, Overview
Pictures, Back Yard
2121 Sheraton Drive, Overview Pictures, Back Yard
Note non code-compliant sheds of 2361 Alberta Ct
Visible in 2nd Picture from back yard
Non Code compliant sheds of 2361 Alberta Ct,
visible from Back yard
Side Yard looking
toward rear of
property
Side Yard looking
toward rear of
property
Hobby
Hut
74'-9"
19'-3"
19'-8"
32'
24'-2"
28'-1"
7'-3"
5'-6"
31'
5'-4"
28'-6"
20'
2'-4"
24'-1"
8'-9"
20'
12'
8'-6"
Main House Dimensions
Back Fence is 6' 10" high
Side Fence is 6' 3" High
Front
Rear
Right
Side
Left
Side
1'-3 1/4" 1'-4" 1 1/2" 2'-11 3/4"
5 1/2"
8'-4"
7'-1"
1'-4"
1'-11 1/4"
1'-4 1/2" 1'-4 1/2" 1'-4 1/2" 1'-4 1/2"1'-5 1/4" 1'-5 1/4" 9'-11 1/2"
1'-2 3/4"
6"
Doorway
Front View
Towards side fence -->Unless otherwise
noted, all lumber is
2x4 nominal
Base pieces are
pressure treated
1/2" sheeting
not shown
8'
11" 1'-5 1/2" 1'-6 3/4" 1'-6 3/4" 1'-5 1/2" 11"
9'-0 1/4"
2'
3'
7'-1"
9'-3"
7 1/2" 1'-11" 1'-11 3/4" 2' 1'-11 1/4" 7 1/2"
4'-2"
Left Side View
Window
Opening for
Skylight
Toward House -->
<-- Toward Rear Fence
Unless otherwise
noted, all lumber is
2x4 nominal
Base pieces are
pressure treated
1/2" sheeting
not shown
2" x 6" nominal eave piece
8'
1'-5 1/2"11" 1'-4" 1'-4" 1'-4" 1'-0 3/4"
1'
1'-4"
5'-3 3/4"
Right Side View
Opening
for AC
<-- Toward House
Toward Rear Fence -->
Opening for
Skylight
Unless otherwise
noted, all lumber is
2x4 nominal
Base pieces are
pressure treated
1/2" sheeting
not shown
2" x 6" nominal eave piece
Bacj
Fence
Line6'-10"
2'-2 1/4"
1'-4 1/4" 1'-4" 1'-4" 1'-4" 1'-4" 1'-4"
8'-4"
9'-11 1/2"
9'-0 1/4"
Rear View
Unless otherwise
noted, all lumber is
2x4 nominal
Base pieces are
pressure treated
<-- Towards Side Fence
1/2" sheeting not
shown
Previously, this space had a jacuzzi
Previously, this space had a jacuzzi
Previously, this space had a jacuzzi
Previously, this space had a jacuzzi
Stages of construction prior to neighbor complaint
Stages of construction prior to neighbor complaint
Stages of construction prior to neighbor complaint
Stages of construction prior to neighbor complaint
Stages of construction prior to neighbor complaint
Stages of construction prior to neighbor complaint
Stages of construction prior to neighbor complaint
Non-compliant structures at other addresses in the neighborhood
From an examination of Google Satellite view, there are many structures in the immediate neighborhood which appear to be in violation of the code. Allowing these other structures to exist and requiring me to destroy mine is selective enforcement of the code and is not right. One address in particular, 2361 Alberta Ct, has 3 structures which appear to violate the code. This address is visible from my back yard and is adjacent to the complaining neighbor’s property (2365 Alberta Ct.) I fail to understand why my smaller structure should cause an issue when the larger ones at 2361 Alberta Ct. do not?
The following table lists the addresses of the properties in the neighborhood which have non-compliant structures.
The reference letters are used to locate these addresses on the neighborhood photo which follows the table. I’ve included closeup pictures of the properties also.
Reference Address Number Of Violating
Structures
A 2180 El Capitan Ave 2
B 2170 El Capitan Ave 1
C 2154 Sheraton Dr 1
D 2144 Sheraton Dr 1
E 2130 Sheraton Dr 1
F 2124 Sheraton Dr 1
G 2120 Sheraton Dr 1
H 2104 Sheraton Dr 1
I 2044 Sheraton Dr 1
J 2030 Staats Way 1
K 2026 Staats Way 3
L 2020 Staats Way 3
M 2018 Staats Way 1
N 2017 Staats Way 2
O 2071 Sheraton Dr 2
P 2081 Sheraton Dr 1
Q 2101 Sheraton Dr 1
R 2161 Sheraton Dr 4
S 2341 Alberta Ct 2
T 2361 Alberta Ct 3
U 2381 Alberta Ct 1
V 2384 Alberta Ct 1
W 2147 El Capitan Ave 1
X 2137 El Capitan Ave 1
Y 2107 El Capitan Ave 1
Z 2087 El Capitan Ave 1
AA 2077 El Capitan Ave 2
AB 2047 El Capitan Ave 1
Reference Address Number Of Violating
Structures
AC 2027 El Capitan Ave 1
AD 2017 El Capitan Ave 1
AE 2007 El Capitan Ave 1
AF 2381 Cabrillo Ave 1
AG 2371 Cabrillo Ave 1
AH 2361 Cabrillo Ave 2
AI 2355 Cabrillo Ave 2
AJ 2341 Cabrillo Ave 1
AK 2038 Los Padres Blvd 2
AL 2048 Los Padres Blvd 1
AM 2068 Los Padres Blvd 1
AN 2078 Los Padres Blvd 1
AO 2128 Los Padres Blvd 1
AP 2138 Los Padres Blvd 1
AQ 2158 Los Padres Blvd 1
AR 2168 Los Padres Blvd 1
So, for the following streets:
x Sheraton Dr
x Staats Way
x El Capitan Ave
x Cabrillo Ave
x Alberta Ct
x Los Padres Blvd
It appears that there are approximately 44 properties with approximately 61 structures which violate the code. I see no reason for me to have to remove my small structure if these people are allowed to keep theirs. If necessary, I will file an official complaint about all of these structures.
A – 2180 El Capitan Ave
B – 2170 El Capitan Ave
C – 2154 Sheraton Dr
D – 2144 Sheraton Dr
E – 2130 Sheraton Dr
F – 2144 Sheraton Dr
G – 2120 Sheraton Dr.
H – 2104 Sheraton Dr
I – 2044 Sheraton Dr
J – 2030 Staats Way
K – 2026 Staats Way
L – 2020 Staats Way
M – 2018 Staats Way
N – 2017 Staats Way
O – 2071 Sheraton Dr
P – 2081 Sheraton Dr
Q – 2101 Sheraton Dr
R – 2161 Sheraton Dr
S – 2341 Alberta Ct
T – 2361 Alberta Ct
Note that this property is diagonally adjacent to my property of 2121 Sheraton. The sheds on this property are visible from my back yard. Note also that this property is adjacent to the property owned by the complaining neighbor. Why are these sheds allowed when my much smaller structure is not?
U – 2381 Alberta Ct
V – 2394 Alberta Ct
W – 2147 El Capitan Ave
X – 2137 El Capitan Ave
Y – 2107 El Capitan Ave
Z – 2087 El Capitan Ave
AA – 2077 El Capitan Ave
AB – 2047 El Capitan Ave
AC – 2027 El Capitan Ave
AD – 2017 El Capitan Ave
AE – 2007 El Capitan Ave
AF – 2381 Cabrillo Ave
AG – 2371 Cabrillo Ave
AH – 2361 Cabrillo Ave
AI – 2355 Cabrillo Ave
AJ – 2341 Cabrillo Ave
AK – 2038 Los Padres Blvd
AL – 2048 Los Padres Blvd
AM – 2068 Los Padres Blvd
AN – 2078 Los Padres Blvd
AO – 2128 Los Padres Blvd
AP – 2138 Los Padres Blvd
AQ – 2158 Los Padres Blvd
AR – 2168 Los Padres Blvd
Hobby
Hut
74'-9"
19'-3"
19'-8"
32'
24'-2"
28'-1"
7'-3"
5'-6"
31'
5'-4"
28'-6"
20'
2'-4"
24'-1"
8'-9"
20'
12'
8'-6"
Main House Dimensions
Back Fence is 6' 10" high
Side Fence is 6' 3" High
Front
Rear
Right
Side
Left
Side
8 4 I -3 II
8'6"I -6 II
Hobby
Hut
2-5"
I
1'-3 1/4" 1'-4" 1 1/2" 2'-11 3/4"
5 1/2"
8'-4"
7'-1"
1'-4"
1'-11 1/4"
1'-4 1/2" 1'-4 1/2" 1'-4 1/2" 1'-4 1/2"1'-5 1/4" 1'-5 1/4" 9'-11 1/2"
1'-2 3/4"
6"
Doorway
Front View
Towards side fence -->Unless otherwise
noted, all lumber is
2x4 nominal
Base pieces are
pressure treated
1/2" sheeting
not shown
I I I I I I
L I _J I._________ I
8'
11" 1'-5 1/2" 1'-6 3/4" 1'-6 3/4" 1'-5 1/2" 11"
9'-0 1/4"
2'
3'
7'-1"
9'-3"
7 1/2" 1'-11" 1'-11 3/4" 2' 1'-11 1/4" 7 1/2"
4'-2"
Left Side View
Window
Opening for
Skylight
Toward House -->
<-- Toward Rear Fence
Unless otherwise
noted, all lumber is
2x4 nominal
Base pieces are
pressure treated
1/2" sheeting
not shown
2" x 6" nominal eave piece
I I
- -
L
-
I
I
8'
1'-5 1/2"11" 1'-4" 1'-4" 1'-4" 1'-0 3/4"
1'
1'-4"
5'-3 3/4"
Right Side View
Opening
for AC
<-- Toward House
Toward Rear Fence -->
Opening for
Skylight
Unless otherwise
noted, all lumber is
2x4 nominal
Base pieces are
pressure treated
1/2" sheeting
not shown
2" x 6" nominal eave piece
-
u
- -
i
---
Bacj
Fence
Line6'-10"
2'-2 1/4"
1'-4 1/4" 1'-4" 1'-4" 1'-4" 1'-4" 1'-4"
8'-4"
9'-11 1/2"
9'-0 1/4"
Rear View
Unless otherwise
noted, all lumber is
2x4 nominal
Base pieces are
pressure treated
<-- Towards Side Fence
1/2" sheeting not
shown
I-
-----
________________________________________________________________________________ PROJECT CLEARANCE COMMITTEE COMMENTS & COA Page 1 of 2
8/23/2022
City of Santa Clara
Project Clearance Committee
Comments & Conditions of Approval
Tuesday, August 26, 2022 Meeting Date
PCC REVIEW OF DEVELOPER APPLICATION
File: PLN 22-00441
Location: 2121 Sheraton Dr.
APN: 224-31-104
Description: Variance request for small (approximately ~8' x 8' 6" outside dimension) outbuilding in right rear of property in rear and side setbacks
Date Last Heard: n/a
Project Planner: Daniel Sobczak
COMMENTS FOR PROJECT COMPLETENESS:
The project is deemed complete/incomplete as submitted.
COMMUNITY DEVELOPMENT
BUILDING DIVISION –
Reviewed by: Armand Lobao, CBO
BD1. An electrical permit is required for any and all electrical work.
BD2. Structures less than 120 square feet are exempt from the requirement for a building permit, however, the structure is still required to comply with the prescriptive requirements of the building code which require one hour rated construction with no openings when erected within three (3) feet of the property line or another structure.
HOUSING & COMMUNITY SERVICES DIVISION – ☒DEEMED COMPLETE ☐DEEMED INCOMPLETE Reviewed by:
H1.
PLANNING DIVISION – ☒DEEMED COMPLETE ☐DEEMED INCOMPLETE P1. Variance is needed.
FIRE – ☒DEEMED COMPLETE ☐DEEMED INCOMPLETE
Reviewed by: Jake Tomlin
F1. Given the square footage of the proposed structure the fire department has no comments and/or conditions for the variance application.
PARKS & RECREATION – ☒DEEMED COMPLETE ☐DEEMED INCOMPLETE Reviewed by:
PR1.
POLICE – ☒DEEMED COMPLETE ☐DEEMED INCOMPLETE
Reviewed by: John Terry
PD1.
________________________________________________________________________________ PROJECT CLEARANCE COMMITTEE COMMENTS & COA Page 2 of 2
8/23/2022
PUBLIC WORKS
ENGINEERING – ☐DEEMED COMPLETE ☒DEEMED INCOMPLETE
Reviewed by: Viet Nguyen
E1. Show existing 5’ public utility easement along eastern property line and 2’ public utility easement along northern property line.
E2. Obtain DPW, SVP, W&SU, PG&E, and AT&T approval for encroachment into existing public utility easement.
a. The City has determined that there is no encroachment for City Utilities for DPW and W&SU, applicant should still contact PG&E, SVP, and AT&T
E3. Record and execute easement encroachment agreement, if required by approving departments/companies.
STREETS DIVISION – ☒DEEMED COMPLETE ☐DEEMED INCOMPLETE
Landscape
Reviewed by: Chuck Quanz
L1. No Comments
Solid Waste
Reviewed by: Karin Hickey
SW1. No Comments
Stormwater
Reviewed by: Karin Hickey
ST1. No Comments
SILICON VALLEY POWER – ☒DEEMED COMPLETE ☐DEEMED INCOMPLETE Reviewed by: Deemed Complete
SVP1. No comments
WATER & SEWER – ☒☒DEEMED COMPLETE ☐DEEMED INCOMPLETE
Reviewed by: Ahmed Aly
W1. No Comments.
Resolution/ 2121 Sheraton Drive Page 1 of 3
RESOLUTION NO. XX-XX
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SANTA CLARA , CALIFORNIA DENYING A
VARIANCE TO MAINTAIN A 68 SQUARE F OOT ACCESORY
BUILDING IN THE REAR YARD OF A SINGLE-FAMILY
RESIDENCE AT THE SITE LOCATED AT 2121 SHERATON
DRIVE, SANTA CLARA
PLN22-00441 (Variance)
BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA CLARA AS FOLLOWS:
WHEREAS, on August 3, 2022, Jim Horner (“Applicant”) filed an application for a V ariance to allow for a 68 square foot accessory building located in the rear of a single-family residential lot located at 2121 Sheraton Drive, Santa Clara (“Project Site”); WHEREAS, the Project Si te is currently zo ned as R1-6L, Single -family Residential Zoning District;
WHEREAS, the applicant is requesting to maintain and complete a partially built accessory structure w ithin the rear accessory building setback, and within the minimum accessory structure setback from a main building. The accessory st ructure was requested to be maintained at its current footprint of 68 square feet and have no plumbing , as shown on the Development Plans, attached as Exhibit “Development Plans”; WHEREAS, the Project is not subject to the California Environmental Q uality Act (“CEQA”) pursuant to CEQA Guidelines Section 15270, Projects Which Are Disapproved; WHEREAS, the subject property conforms to zo ning code standards except for a substandard rear lot width of 44-feet where 60 feet is the m inimum lot width in the Single-family Residential Zoning District (R1-6L), the 106 foot front lot width of the subject property exceeds the zoning code standards, as doe s the lot si ze of 7,000 square feet, where only 6,000 square feet is required;
Resolution/ 2121 Sheraton Drive Page 2 of 3
WHEREAS, on October 27, 2022, the notice of p ublic hearing for this item was posted within 300 feet o f the Proj ect Site and was mailed to property owners within a 300-foot radius of the Project Site; and,
WHEREAS, a duly noticed public hearing was held before th e Planning Com mission on November 9, 2022 to consider the application. At the pub lic hearing, the Planning Commission invited and c onsidered any and all verb al and written testimony offered in favor of and in opposition to the Project.
NOW THEREFORE, BE IT F URTHER RESOLVED BY THE PLANNING COMMISSI ON OF THE CITY OF SANTA CLARA AS FOLLOWS:
1. That the Planning Commission hereby finds the above Recitals are true and correct and by this reference makes them a part thereof.
2. That the Planni ng Commission hereby finds that a Variance to allow a 68 square foot rear accessory structure within the required setback areas is denied.
3. That pur suant to SCCC Section 18.1 08.040, the Planning Commission hereby makes the following findings with respect to the variance application:
A. That there are no unusual conditions applying to the land or building which do not apply generally in the same district , because the shape, dimensions, and size of the lot are not unusual for the R1-6L zone.
B. That the granting of the Variance is necessary for the preservation and enjoyment of substantial property rights of the Property Owner, because the Owner could locate an accessory structure in an alternate location on the lot and st ill comply with Code requirements.
//
//
Resolution/ 2121 Sheraton Drive Page 3 of 3
4. Effective date. This resolution shall become effective immediately.
I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTI ON DENIED
BY THE PLANNING COMMISSION OF THE CITY OF SANTA CLARA, CALIFORNIA, A T A REGULAR MEETING THEREOF HELD ON THE 9th DAY OF NOVEMBER 2022, BY THE FOLLOWING VOTE:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAINED: COMMISSIONERS:
ATTEST: ___________________________________
ANDREW CRABTREE
DIRECTOR OF COMMUNITY DEVELOPMENT
CITY OF SANTA CLARA
Attachments Incorporated by Reference:
1. Conditions of Approval
2. Development Plans
________________________________________________________________________________ 2121 Sheraton Dr. – Variance Accessory Building Page 1 of 5 PLN22-00441 – Conditions Of Approval
City of Santa Clara
Project Clearance Committee
Comments & Conditions of Approval
Tuesday, August 26, 2022 Meeting Date
PCC REVIEW OF DEVELOPER APPLICATION
File: PLN 22-00441
Location: 2121 Sheraton Dr.
APN: 224-31-104
Description: Variance request for small (approximately ~8' x 8' 6" outside dimension) outbuilding in right rear of property in rear and side setbacks
Date Last Heard: n/a
Project Planner: Daniel Sobczak
CONDITIONS OF APPROVAL
GENERAL
A. If relocation of an existing public facility becomes necessary due to a conflict with the developer's new improvements, then the cost of said relocation shall be borne by the developer.
B. Comply with all applicable codes, regulations, ordinances and resolutions.
ATTORNEY’S OFFICE
A. The Developer agrees to defend and indemnify and hold City, its officers, agents, employees, officials and representatives free and harmless from and against any and all claims, losses, damages, attorneys' fees, injuries, costs, and liabilities arising from any suit for damages or for equitable or injunctive relief which is filed by a third party against the City by reason of its approval of developer's project.
COMMUNITY DEVELOPMENT
BUILDING DIVISION
1. Informational: Prior to overall construction permit application, submit to the Santa Clara Building Division, 2 copies of an addressing diagram request, to be prepared by a licensed architect or engineer.
The addressing diagram(s) shall include all proposed streets and all building floor plans. The addressing diagram(s) shall conform to Santa Clara City Manager Directive #5; Street Name and Building Number Changes, and Santa Clara Building Division Address Policy For Residential and Commercial Developments. The addressing diagram(s) shall indicate all unit numbers to be based off established streets, not alleys nor access-ways to garages. Allow a minimum of 10 working days for initial staff review. Please note city staff policy that existing site addresses typically are retired. Provide digital pdf printed from design software, not scanned from printed paper sheet.
2. Informational: The construction permit application drawings submitted to the Santa Clara Building Division shall include a copy of the latest Federal Emergency Management Agency (FEMA) Flood Zone Map: https://msc.fema.gov/portal/home. The project drawings shall indicate how the project complies with the Santa Clara Flood Damage Prevention Code.
3. Informational: The construction permit application drawings submitted to the Santa Clara Building Division shall include Santa Clara Valley Urban Runoff Pollution Prevention Program Low Impact Development (LID) practices http://www.scvurppp-w2k.com/nd_wp.shtml. All projects that disturb more than one acre, or projects that are part of a larger development that in total disturbs more than one
________________________________________________________________________________ 2121 Sheraton Dr. – Variance Accessory Building Page 2 of 5 PLN22-00441 – Conditions Of Approval
acre, shall comply with the Santa Clara Valley Urban Runoff Pollution Prevention Program Best Management Practices (BMP): http://www.scvurppp-w2k.com/construction_bmp.shtml, and shall provide a Storm Water Pollution Prevention Plan (SWPPP) by a certified Qualified SWPPP Developer (QSD). All site drainage and grading permit applications submitted to the Santa Clara Building Division shall include a city of Santa Clara "C3" data form, available on this web page:https://www.santaclaraca.gov/our-city/departments-g-z/public-works/environmental- programs/stormwater-pollution-prevention and will be routed to a contract consultant for review.
4. Informational: no California construction code review is being done at this time. The construction permit application drawings submitted to the Santa Clara Building Division shall include an overall California Building Code analysis, including; proposed use and occupancy of all spaces (19' CBC Ch. 3), all building heights and areas (19' CBC Ch. 5), all proposed types of construction (19' CBC Ch. 6), all proposed fire and smoke protection features, including all types of all fire rated penetrations proposed (19' CBC Ch. 7), all proposed interior finishes fire resistance (19' CBC Ch. 8), all fire protection systems proposed (19' CBC Ch. 9), and all means of egress proposed (19' CBC Ch. 10). -Noncombustible exterior wall, floor, and roof finishes are strongly encouraged. • During construction retaining a single company to install all fire rated penetrations is highly recommended.
• The grade level lobbies shall be min.1 hour rated all sides and above. • All stair shafts shall be min. 1 hour rated.
• All elevator shafts shall be min. 1 hour rated.
• All trash chute shafts shall be min. 1 hour rated.
• Recommendation: provide a minimum of two trash chutes; one for recyclables, one for trash, each trash chute to be routed down to a grade level trash collection room. • Any trash rooms shall be min. 1 hour rated all sides and above.
5. Informational: The overall project construction permit application shall include the geotechnical, architectural, structural, energy, electrical, mechanical, and plumbing drawings and calculations. Prior to the issuance of the overall project construction permit, a conditions of approval review meeting must be held in city hall, which meeting must be attended by the on-site field superintendent(s). The meeting will not be held without the attendance of the on-site field superintendent(s). The on-site grading permit shall be a separate permit application to the Building Division.
6. Informational: Temporary Certificates of Occupancy will not be routinely issued, and will be considered on a very limited basis only when there is a clear and compelling reason for city staff to consider a TCO. A TCO will be approved only after all applicable City staff have approved in writing; Planning, P.W./ Engineering, Fire Prev., Santa Clara Water, Silicon Valley Power, and any other applicable agencies such as the Santa Clara County Health Dept., with the Building Division being the final approval of all TCO.'s.
7. An electrical permit is required for any and all electrical work.
8. Structures less than 120 square feet are exempt from the requirement for a building permit, however, the structure is still required to comply with the prescriptive requirements of the building code which require one hour rated construction with no openings when erected within three (3) feet of the property line or another structure.
PLANNING DIVISION
1. Obtain required permits and inspections from the Building Official and comply with all building code requirements and conditions thereof.
2. Applicant is responsible for collection and pick-up of all trash and debris on-site and adjacent public right-of-way.
3. Construction activity not confined within a building shall be limited to the hours of7:00 a.m. to 6:00 p.m. weekdays and not permitted on Saturdays and Sundays for projects within 300 feet of a residential use.
Construction activity confined within a building shall be limited to the hours of 7:00 A.M. to 6:00 P.M. following on weekdays other than holidays, Monday through Friday, inclusive; and within the hours of ________________________________________________________________________________ 2121 Sheraton Dr. – Variance Accessory Building Page 3 of 5 PLN22-00441 – Conditions Of Approval
9:00 A.M. to 6:00 P.M. following, inclusive, on any Saturday which is not a holiday. Construction activity shall not be allowed on recognized State holidays, as noted in Section 9.10.230 of the SCCC, as amended.
4. Minor changes to the project would be subject to Planning Division review and approval prior to issuance of building permits.
5. This Variance shall be automatically revoked and terminated if not used within two years of the original grant, or within the period of any authorized extensions in accordance with the terms of SCCC Section FIRE
1. Fire apparatus access roadways shall be provided so that all portion of an exterior wall of the first story of the buildings are located more than 150 feet from fire apparatus access as measured by an approved route around the exterior of the building. Ariel access roadways shall be located a minimum of 15 feet and a maximum of 30 feet from the protected building, or the project team will be required to mitigate the lack of compliance. If these conditions can not be met the project team will be required to complete an Alternative materials, design and methods of construction and equipment application. The required mitigation measure will be determined by the Fire Department.
2. At time of Building Permit application provide documentation to show the minimum required fire-flow for the building based on the construction type and square footage in accordance with the California Fire Code, Appendix B, Table B105.1 can be met. A 75% reduction in fire-flow is allowed with the installation of a automatic fire sprinkler system designed in accordance with California Fire Code § B105.2. The resulting fire-flow shall not be less than 1,500 gallons per minute (or 1,000 gallons per minute for NFPA 13 fire sprinkler systems) minute for the prescribed duration.
3. At time of Building Permit application, the required number, location and distribution of fire hydrants for the building based on the California Fire Code, Appendix C, Table C102.1 shall be incorporated into the construction documents. The required number of fire hydrants shall be based on the fire-flow before the reduction.
4. At time of Building Permit application, construction documents for proposed fire apparatus access, location of fire lanes and construction documents and hydraulic calculations for fire hydrant systems shall be submitted to the Fire Prevention and Hazardous Materials Division.
5. Prior to the start of construction, fire protection water supplies shall be installed and made serviceable prior to the time of construction or prior to combustible materials being moved onsite, unless an approved alternative method of protection is approved by the Fire Prevention and Hazardous Materials Division.
6. At time of Building Permit application, construction documents for the fire department apparatus access roads are required submitted to the Fire Prevention and Hazardous Materials Division. Access roadways shall be provided to comply with all of the following requirements:
a. Fire apparatus access roadways shall be provided for every facility, building, or portion of a building hereafter constructed or moved when any portion of an exterior wall of the first story of the building is located more than 150 feet from fire apparatus access as measured by an approved route around the exterior of the building.
b. Fire apparatus access roadways shall have a “minimum” width of a fire apparatus access roadway for Engines is 20 feet. The “minimum” width of roadways for aerial apparatus is 26 feet. Ariel access roadways shall be located a minimum of 15 feet and a maximum of 30 feet from the protected building and the sides of the building requiring access shall be approved by the Fire Department. Trees, overhead wiring, etc. shall not conflict with any means of fire department access.
c. Fire access roadways shall have a “minimum” unobstructed vertical clearance of not less than 13 feet 6 inches. Aerial apparatus access roads may require additional vertical clearance. d. Fire access roadways shall All fire department access roadways shall be an all-weather surface designed to support the imposed load of fire apparatus with a gross vehicle weight of 75,000- pounds.
e. Fire apparatus access roadways shall have a “minimum” inside turning radius for fire department access roadways shall be 36 feet or greater. ________________________________________________________________________________ 2121 Sheraton Dr. – Variance Accessory Building Page 4 of 5 PLN22-00441 – Conditions Of Approval
f. Dead-end fire apparatus access roadways in excess of 150 feet in length shall be provided with approved provisions for turning around.
g. Traffic calming devices are not permitted on any designated fire access roadway, unless approved by the Fire Prevention & Hazardous Materials Division. h. All Fire Department Access roadways shall be recorded as an Emergency Vehicle Access Easement (EVAE) on the final map. No other instruments will be considered as substitutions such as P.U.E, Ingress/Egress easements and/or City Right-of-Ways. i. All gates installed on designated fire department access roads are required to electrically automatic powered gates. Gates shall be provided with an emergency battery power supply, or shall be a fail-safe design, allowing the gate to be pushed open without the use of special knowledge or equipment. To control the automatic gates a detector/strobe switch shall be installed to allow emergency vehicles (e.g., fire, police, ems) to flash a vehicle mounted strobe light towards the detector/strobe switch, which in turn overrides the system and opens the gate.
The gates shall be equipped with a TOMAR Strobe Switch or 3M OPTICOM Detector to facilitate this override. Said device shall be mounted at a minimum height of seven feet (7’) above the adjacent road surface and is subject to an acceptance test witnessed by the Fire Department prior to final approval of the project.
7. Provisions shall be made for Emergency Responder Radio Coverage System (ERRCS) equipment, including but not limited to pathway survivability in accordance with Santa Clara Emergency Responder Radio Coverage System Standard.
8. Prior to issuance of a Building Demo Permit, Steps 1 through 3 summarized below must be addressed during the planning phase of the project. Submit Phase II environmental documents:
a. Step 1 – Hazardous Materials Closure (HMCP): This is a permit is issued by the Santa Clara Fire Department, Fire Prevention & Hazardous Materials Division. Hazardous materials closure plans are required for businesses that used, handled or stored hazardous materials. While required prior to closing a business this is not always done by the business owner, and therefore should be part of the developer’s due diligence. The hazardous materials closure plans demonstrate that hazardous materials which were stored, dispensed, handled or used in the facility/business are safely transported, disposed of or reused in a manner that eliminates any threat to public health and environment.
b. Step 2 – Site Mitigation: Site mitigation is the cleanup or management of chemical contaminants in soil, soil vapor or groundwater. The type and extent of contamination on site(s) governs which of the regulatory agencies noted below will supervise the cleanup. • Santa Clara Fire Department, Fire Prevention & Hazardous Materials Division (CUPA) • Department of Toxic Substances Control (DTSC)
• State Water Resources Control Board
• Santa Clara County, Department of Environmental Health. c. Step 3 – Community Development, Building Division Demolition Application: For the majority of projects within the City of Santa Clara, Steps 1 and/or 2 described above need to be completed prior to proceeding to demolition application in order to avoid permit approval delays. The purpose of a demolition permit is to ensure that the parcel is clear of debris and other health hazard material (lead, asbestos, etc.) and that the utility connections have been plugged and sealed.”
If the project intends to contract with a State or County Agency for onsite/offsite environmental remediation activities the following documentation shall be provided to the Fire Prevention & Hazardous Materials Division prior to issuance of a Building Permit for demolition or grading:
• Oversight agency case number; and
• Oversight mangers contact name, phone number.
PUBLIC WORKS
ENGINEERING
1. Obtain site clearance through Public Works Department prior to issuance of Building Permit. Site clearance will require payment of applicable development fees. Other requirements may be identified ________________________________________________________________________________ 2121 Sheraton Dr. – Variance Accessory Building Page 5 of 5 PLN22-00441 – Conditions Of Approval
for compliance during the site clearance process. Contact Public Works Department at (408) 615-3000 for further information.
2. All work within the public right-of-way and/or public easement, which is to be performed by the Developer/Owner, the general contractor, and all subcontractors shall be submitted within a Single Encroachment Permit to be reviewed and issued by the City Public Works Department. Issuance of the Encroachment Permit and payment of all appropriate fees shall be completed prior to commencement of work, and all work under the permit shall be completed prior to issuance of occupancy permit.
3. Submit public improvement/encroachment permit plans prepared in accordance with City Public Works Department procedures which provide for the installation of public improvements directly to the Public Works Department. Plans shall be prepared by a Registered Civil Engineer and approved by the City Engineer prior to approval and recordation of final map and/or issuance of building permits.
SILICON VALLEY POWER
SVP1. New outbuilding height should not conflict with SVP electric service drop. Maintain minimum clearances between electric conductor & top of outbuilding per G.O 95 requirements.
PREPARED: ______________________
Kirandeep Singh
Office Specialist II