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Use Permit - Sports Court - 2011CITY of CAMPBELL Community Development Department August 25, 2011 Mr. Ashok Anumandla 559 Kenneth Avenue Campbell, CA 95008 Re: PLN2011-135 - 559 Kenneth Avenue -Use Permit -Residential Tennis Court Dear Applicant: Please be advised that at its meeting of August 23, 2011, the Planning Commission adopted Resolution No. 4033 approving a Conditional Use Permit (PLN2011-135) to allow the construction of a private tennis court on the above referenced single family property. This action is effective in ten calendar days, unless appealed in writing to the City Clerk by 5 p.m. on Friday, September 2, 2011. The time within which judicial review of this action must be sought is governed by Section 1094.6 of the California Code of Civil Procedure, unless another statute (such as California Government Code Section 65009 or some other applicable provision) sets forth a more specific time period. If you have any questions, do not hesitate to contact me at (408) 866-2140. Sincerely, Daniel Fama Assistant Planner RESOLUTION NO. 4033 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2011-135) TO ALLOW THE CONSTRUCTION OF A PRIVATE TENNIS COURT ON A SINGLE FAMILY RESIDENTIAL PROPERTY LOCATED AT 559 KENNETH AVENUE IN AN R-1-10 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT. FILE NO.: PLN2011- 135 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 PLN2011-135 1. The project site is designated Low Density Single-Family Residential on the General Plan Land Use Map. 2. The project site is designated R-1-10 (Single-Family Residential) on the Zoning Map. 3. The project site is a 12,736 square-foot parcel developed with a 1,348 square-foot single- family residence and an approved 1,050 secondary dwelling unit with attached garage. 4. The project site is bordered by single-family residential properties on all sides. 5. The proposed project is construction of a private tennis court. 6. A private tennis court is an allowable use in the R-1-10 Zoning District, subject to approval of a Conditional Use Permit. 7. The use of the tennis court would be limited to 8 AM to 8 PM, daily. 8. The use of the tennis court shall be exclusive to the residents/tenants of the property and their invited guest. 9. The use of court lighting system would be detrimental to the enjoyment of neighboring properties. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed use is allowed within the applicable zoning district with Conditional Use Permit approval, and complies with all other applicable provisions of this Zoning Code and the Campbell Municipal Code. 2. The proposed use is consistent with the General Plan. Planning Commission Resolution No. 4033 PLN2011-135 - 559 Kenneth Avenue -Use Permit -Residential Tennis Court Page 2 3. The proposed site is adequate in terms of size and shape to accommodate the fences and walls, landscaping, parking and loading facilities, yards, and other development features required in order to integrate the use with uses in the surrounding area. 4. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the use would be expected to generate. 5. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses on-site and in the vicinity of the subject property. 6. The establishment, maintenance, or operation of the proposed use at the location proposed will not be detrimental to the comfort, health, morals, peace, safety, or general welfare of persons residing or working in the neighborhood of the proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city. 7. The court netting would not impair pedestrian or vehicular safety. 8. The court netting would result in a more desirable site layout. 9. The court netting would not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of the change. 10. The court netting would not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city 11. The project is Categorically Exempt project per Section 15303, Class 3 (Construction of Accessory Structures) of the California Environmental Quality Act (CEQA). THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit (PLN2011-135) to allow the construction of a private tennis court on a single family residential property located at 559 Kenneth Avenue in an R-1-10 (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: Planning Commission Resolution No. 4033 PLN2011-135 - 559 Kenneth Avenue -Use Permit -Residential Tennis Court Page 3 Planning Division: 1. Approved Project: Approval is granted for a Conditional Use Permit (PLN2011-159) to allow construction of a private tennis court on asingle-family property located 559 Kenneth Avenue. The project shall substantially conform to the revised Project Plans stamped as received by the Community Development Department on July 28, 2011 except as may be modified by the conditions of approval specified herein. 2. Director Review of Two Netting Schemes: Prior to building permit submittal, applicant shall submit two netting scheme details (elevation drawings), one consisting of eight poles and the other consisting of six poles, for review and approval by the Community Development Director. 3. Conditional Use Permit Approval Expiration: The approval shall be valid for one year from the date of final approval (September 2, 2011). Within this one-year period an application for a building permit must be submitted to the Campbell Building Division. Failure to meet this deadline will result in the Conditional Use Permit being void. Once constructed, approval for the private tennis court shall be valid in perpetuity. 4. Court Netting/Supports: The building permit submittal shall include a construction detail showing the netting system, including support poles, at a height of 12-feet without lighting fixtures. 5. Landscaping: With building permit submittal, the applicant shall include landscaping details that show the planting of Italian Cypress (Cupressus sempervirens) trees around the side (southern) and rear (western) property lines. The size of the Italian Cypress trees shall be a minimum 24-inch box (approximately 5-6 foot tall trees). In accordance with the Tree Protection Ordinance (Chapter 21.32), all trees planted pursuant to this approval shall be considered "protected" and subject to the established removal requirements and restrictions. 6. Deed Restriction: Prior to issuance of a building permit, a deed restriction shall be recorded on the title of the subject property that stipulates the usage restrictions stated herein. The deed restriction will be prepared by the Community Development Department and available with prior notice. 7. Usage Restrictions: The approved private tennis court shall be used in compliance with the following usage restrictions: a. Private Use Only: The use of the tennis court shall be exclusive to the residents/tenants of the property and their invited guest. The tennis court shall not be rented or leased out to any outside group or individual(s). b. Hours of Use: The tennis court shall only be used during the hours of 8 AM to 8 PM, Monday through Sunday. Planning Commission Resolution No. 4033 PLN2011-135 - 559 Kenneth Avenue -Use Permit -Residential Tennis Court Page 4 c. Court Lighting: Installation or use of a court lighting system is prohibited. d. Court Netting: Court netting shall only be erected during use of the tennis court and shall be retracted within 30 minutes after the end of use. e. Automated Ball Machine: An automated ball machine shall not be used on the property. 8. Revocation of Permit: Operation of the use in violation of the Conditional Use Permit or any standards, codes, or ordinances of the City of Campbell shall be grounds for consideration of revocation of the Conditional Use Permit by the Planning Commission. Building Division: 9. Permits Required: A building permit application shall be required for the proposed tennis court, fencing and lighting to the rear of the existing dwelling structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 10. Plan Preparation: The project may require plan prepared under the direction and oversight of a California licensed Engineer or Architect. When applicable, 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 size of construction plans submitted for building permits shall be 24 inches by 36 inches. 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. 14. 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. 15. 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. Planning Commission Resolution No. 4033 PLN2011-135 - 559 Kenneth Avenue -Use Permit -Residential Tennis Court Paae 5 16. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. Santa Clara County Fire Department PASSED AND ADOPTED this 23rd day of August, 2011, by the following roll call vote: AYES: Commissioners: Brennan, Gibbons, Resnikoff, Reynolds and Roseberry NOES: Commissioners: Alster ABSENT: Commissioners: Ebner ABSTAIN: Commissioners: None APPROVED: Bob Roseberry, Chair ATTEST: Kirk Heinrichs, Secretary