Appeal - Req'd Det Gar - 2017Community Development Department
June 28, 2017
Kevin Roulin
PO Box 54258
San Jose, CA 95154
Re: PLN2017-148 - 189 N. Third St -Appeal of Administrative Decision -Garage
Dear Applicant:
Please be advised that at its meeting of June 27, 2017, the Planning Commission adopted
Resolution No. 4387 denying an appeal (PLN2017-148) and upholding the Community
Development Director's application of General Plan Policy LUT.20.1 to Building Permit
Application BLD2017-292 requiring rear placement of the proposed garage on the above-
referenced property.
This action is effective in ten calendar days, unless appealed in writing to the City Clerk by
close of business on Friday, July 7, 2017. 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,
l/ictoria Hernandez
Assistant Planner
/_
RESOLUTION NO. 4387.
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL DENYING AN APPEAL (PLN2017-148)
AND UPHOLDING THE COMMUNITY DEVELOPMENT
DIRECTOR'S APPLICATION OF GENERAL PLAN .POLICY LUT-
20.1 TO BUILDING PERMIT APPLICATION BLD2017-292,
REQUIRING REAR PLACEMENT OF THE PROPOSED GARAGE .
ON PROPERTY LOCATED AT 189 N. THIRD STREET.
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
The Planning Commission finds as follows with regard to file number PLN2017-148:
1. The property is zoned R-1-6 (Single Family Residential) and is currently developed with
asingle-family residence with a detached garage.
2. The property is located on the western, side of N. Third. Street, south of Latimer Avenue
and north of Grant Street.
3. The property is located within the Downtown Neighborhood, as designated by Figure
LUT-8 of the Campbell General Plan.
4. The Planning Commission considered the appeal and issues raised before and during
the Public. Hearing, .but ultimately determined that the Community Development
Director's application of General Plan Policy LUT-20.1 was consistent with the General
Plan.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. -The appellants' request would be inconsistent with the General Plan.
2. The appellants' request would not result in a more desirable site layout; -
3. The appellants' request would not aid in the harmonious development of the immediate
area.
4. This project is Statutorily Exempt under. Section 15268(a) of the California
Environmental Quality Act (CEQA) pertaining to ministerial projects.
THEREFORE, BE IT RESOLVED that the Planning .Commission Denies an Appeal
(PLN2017-148) and' Upholds the Community Development Director's application of
General Plan Policy LUT-20.1 to Building Permit application BLD2017-292, requiring rear
placement of the proposed garage on property located at 189 N. Third Street; subject to
the attached Conditions of Approval (attached Exhibit A).
_ ~ ~,
~;
Planning Commission Res~~:~,,~'.ion No. 4387 ~ _.
PLN201,7-148 - 189 N. Third St. -Deny Appeal & Uphold Director's Application of General
Plan Policy LUT-20.1 - ~ ~ ,
Page 2 of 2
PASSED AND ADOPTED this 27th day of June, 2017, by the following roll call vote:
AYES: Commissioners: Young, Hernandez, Reynolds, Kendall, Dodd, Rivlin
NOES: Commissioners:
. ABSENT: Commissioners: Rich -
ABSTAIN: Commissioners:
APPROVED:
. Yvonne Kendall, Chair l
ATTEST:
Paul Kermoyan, Secretary
~~ ~ ~ ~ ~,~ ~ EXHIBIT A
CONDITIONS OF APPROVAL
Den~a1 of Appea!-'189 1d. ThirM S#. (PL1d20'17~'~48~ ~ ,
Where approval by the Director of Community Development, City Engirieer, 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
1. Garage Placement: Building Permit plans submitted. for review must be revised to
-' accommodate rear garage ,placement in compliance with General Plan Policy LUT-
20.1. ~ .
f