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Use Permit - 2001MEMORANDUM To: From: Date: Corinne Shinn Jai :retary, Community Developmem Dept. ,~f~msley Duty City Clerk ober 26, 2001 Subject: Recorded documems The following recorded document has been returned by the County Recorder's Office: Original 1. Declaration of Covenants, Conditions, and Restrictions - 1071 E1 Solyo Avenue - Gene A. and Lillian C. Haun A copy of the above referenced documem is attached for your records. The original document has been filed in the vault. Recording Requested By: City of Campbell When Recorded Mail To: City Clerk City of Campbell 70 N. First Street Campbell, CA. 95008 For the Benefit of City of Campbell Recorded Free Gov. Code Sec. 27383 DOCUMENT: 15890946 ~0015890946~ Titles:l / Pages: 7 Fees .... * No Fees Taxes..:. Copies.. 10.00 AMT PAID le.ee BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of City RDE ~ 006 10/01/200t 8:03 AM (Space above this line for Recorder's Use) DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS This Declaration is executed and delivered as of the 28th day of September, 2001, by Gene A. Haun and Lillian C. Haun, his wife as.joint tenants and the Trustees of TIlE AC FAMILY ESTATE TRUST, having an address at 1071 E1 Solyo Avenue, Campbell, California 95008 (who are hereinafter referred to as "Owner"), in favor of and for the benefit of the City of Campbell, having a business address of 70 North First Street, Campbell, California 95008 (hereinafter referred to as "City"). WITNESSETH: WHEREAS, Owner is the sole owner in fee of certain real property commonly known as ! 071 E1 Soylo Avenue, Campbell, California (Santa Clara County Assessor's Parcel Number 288-8-14, and more peiticularly described in Exhibit A attac!icd hereto ;_nd made a part hereof (hereinafter referred to as the "Subject Property"); WHEREAS, on April 10, 2001, the Planning Commission of the City adopted Resolution 3332 approving a Conditional Use Permit, which approved Application PLN2001-05 to allow conversion of an existing building to the rear of the Subject Property into a secondary living unit (herein after referred to as the "Secondary-Unit"), subject to various conditions of approval; WHEREAS; two of the conditions of approval of the Conditional Use Permit provide: Inspection: The interior and exterior of the secondary-unit shall be made available for inspection by an agent of the City at anytime between 8:00 a.m. and 6:00 p.m.. upon providing the property owner and tenant with at least twenty-four hours advance notice by one or more of the following means: a. Telephone to the telephone number jbr the primary residence; b. Posting a reasonably conspicuous notice in a reasonably conspicuous place on the property; c. Mailing a notice by first class United States Mail to 1071 El Soylo Avenue at least four days in advance of the inspection; or d. Any other means reasonably calculated to provide notice to the residents. The property owner shall advise any tenant of any noticed inspection upon receipt of such notice. Failure to actually receive notice provided by this condition shall not be grounds for refusal to allow the inspection. The applicant additionally shall enter an agreement in a form and manner as determined by the City Attorney agreeing to the terms of this condition and waiving any right to object to the inspections. Among other terms, the agreement shall also provide that the owner shall be responsible for any costs incurred in enforcing the provisions of this use permit or any applicable law. Deed Restriction: The applicant shall record a deed restriction, xatisfactory ;o the CiG' Attorney, setting forth the following occupancy restrictions: a. Not more than one (1) dwelling unit on the property shall be rented or leased; b. The inspection provisions of condition 3. The deed restriction shall be recorded with the Santa Clara County Recorders Office and a copy submitted to the Community Development Department, prior to issuance of building permits. NOW, THEREFORE, in consideration of the benefits bestowed on the Subject Property by the Conditional Use Permit and in furtherance of the conditions thereof, Owner hereby declares, covenants, and agrees as follows: 1. Not more than one (1) dwelling unit on the Subject Property shall be rented or leased; The rear and side yards of the Secondary-Unit will be maintained in a clean and sanitary condition and shall not be used for storage of equipment and building materials beyond a total of one-hundred square feet (100 sq. ft.) allowed for the entire Subject Property; The interior and exterior of the Secondary-Unit shall be made available for inspection by an agent of the City at anytime between 8:00 a.m. and 6:00 p.m. upon providing the property owner and tenant with at least twenty-four hours advance notice by one or more of the following means: a. Telephone to the telephone number for the primary residence; b. Posting a reasonably conspicuous notice in a reasonably conspicuous place on the property; c. Mailing a notice by first class United States Mail to 1071 E1 Soylo Avenue at least four days in advance of the inspection; or d. Any other means reasonably calculated to provide notice to the residents; 4. The property owner shall advise any tenant of any noticed inspection upon receipt of such notice; 5. Failure to actually receive notice provided by this Declaration shall not be grounds for refusal to allow the inspection; o The Owner shall be responsible for any costs and attorneys' fees incurred in enforcing the provisions of the Conditional Use Permit or any applicable law upon prevailing at any contested hearing; . 7. The covenants contained in this declaration shall be binding upon Owner and inure to the benefit of City, and their respective successors and assigns; o The covenants granted, reserved or otherwise set forth herein shall be appurtenant to and run with the land, and shall in all respects constitute covenants running with the land pursuant to applicable California law, enforceable by the City at law and in equity; 9. This Declaration may not be amended, modified, altered or changed unless in writing, in recordable form, approved by City; 10. This Declaration shall be recorded in the Santa Clara County Office of the Recorder prior to issuance of any building permits for work authorized by the Conditional Use Permit; 11. This Declaration shall remain in full force and effect until such time as the Subject Property ceases to be subject to the conditions of approval of the Conditional Use Permit. IN WITNESS THEREOF, Owner has executed this Declaration as of the first date set forth above. L I~I~fKN hAUN ' STATE OF CALIFORNIA COUN-TY OF SANTA CLARA SubscrJ. be & sworn to me on SEPTEMBER28th 01, at San Jose Ca My commission expires on Fei) 11.,2004 4 UHAKTI g. DESAt COMM. # 12.53197 NOTARY PUBLIC~CALIFOi~Nb: _ A~MEDA COUN~ AGREEMENT TO ALLLOW INSPECTION OF PROPERTY This Agreement is made this 28th day of September, 2001 by and between Gene A. Haun and Lillian C. Haun, his wife, as joint tenants and the Trustees of THE AC FAMII,Y ESTATE TRUST (hereinafter referred to as "Owner") who are the owners of the real property commonly known as 1071 E1 Solyo Avenue, Campbell California 95008, Santa Clara County Assessor's Parcel Number 288-8-14 (hereinafter referred to as the "Subject Property") and the City of Campbell (hereinafter referred to as the "City"). Recitals WHEREAS, on April 10, 2001, the Planning Commission of the City adopted Resolution 3332 approving a Conditional Use Permit, which approved Application PLN2001-05 to allow conversion of an existing building ~o -'the rear of the Sffojec~ Property' into a secondary living unit (herein after referred to as the "Secondary-Unit"), subject to various conditions of approval; WHEREAS; Condition Number 3 of the conditions of approval of the Conditional Use Permit provides: Inspection: The interior and exterior of the secondary-unit shall be made available for inspection by an agent of the City at anytime between 8:00 a.m. and 6:00 p.m.. upon providing the property owner and tenant with at least twenty-four hours advance notice by one or more of the following means: a. Telephone to the telephone number for the primary residence; b. Posting a reasonably conspicuous notice in a reasonably conspicuous place on the properly; c. Mailing a notice by first class United States Mail to 107] El Solyo Avenue at least four days in advance of the inspection; or d Any other means reasonably calculated to provide notice to the residents. The property owner shall advise any tenant of any noticed inspection upon receipt of such notice. Failure to actually receive notice provided by this condition shall not be grounds for refusal to allow the inspection. The applicant additionally shall enter an agreement in a form and manner as determined by the City Attorney agreeing to the terms of this condition and waiving any right to object to the inspections. Among other terms, the agreement shall also provide that the owner shall be responsible for any costs incurred in enforcing the provisions of this use permit or any applicable law. NOW, THEREFORE, in consideration each others' mutual promises and the benefits bestowed on the Subject Propert3' by the Conditional Use Permit and in furtherance of the conditions thereof, the parties hereby agree, represent and warrant as follows: Owner shall make the interior and exterior of the Secondary-Unit available for inspection by an agent of the City, at anytime between 8:00 a.m. and 6:00 p.m. upon the City providing the Owner and tenant with at least twent3'-four hours advance notice by one or more of the following means: a. Telephone to the telephone number for the primary residence; b. Posting a reasonably conspicuous notice in a reasonably conspicuous place on the property; c. Mailing a notice by frrst class United States Mail to 1071 E1 Soylo Avenue at least four days in advance of the inspection; or d. Any other means reasonably calculated to provide notice to the residents; 2. The property owner shall advise any tenant of any noticed inspection upon receipt of such notice; 3. Failure to actually receive notice provided by this Declaration shall not be grounds for refusal to allow the inspection; Owner understands and agrees that in consideration of the benefits being bestowed on Owner and Owner's property by virtue of the Conditional Use Perm/t, Owner is freely granting the City the aforementioned inspection rights, acknowledges that inspections held pursuant to the Conditions of Approval to the Conditional Use Permit are fair and reasonable. In doing so, Owner acknowledges that Owner has consulted with an attorney of Owner's choosing; and that Owner freely, willingly and intelligently gives up any rights to be free from such inspections or to demand a warrant, including any and all rights related to such inspections as may arise under the Fourth Amendment of the United States Constitution, or other provisions of the United States Constitution, the Constitution of the State of California, and any other applicable provision of law; Any notice allowed to be provided to Owner by telephone pursuant to this Agreement shall be deemed completed if made to 408-559-8191 and answered by a live person; provided however that Owner can change their telephone number by giving the City thirty (30) days advance written notice of the new telephone number mailed First Class United States Mail, postage prepaid, or hand delivered to the Community Development Director, City of Campbell, 70 North First Street, Campbell, California 95008. Mailed notice shall be deemed completed five (5) days after the date of mailing; 6. The Owner shall be responsible for any costs and attomeys' fees incurred in enforcing the provisions of the Conditional Use 'Permit or any applicable law; 7. This Agreement may not be amended, mbdified, altered or changed unless in writing, signed by Owner and the City; No term, conditio~ covenant or provision of this Agreemem shall be valid unless in writing signed by the party waiving the term, condition, covenant or provision; and the failure to insist on performance of any term, condition, covenant or provision of this Agreement shall not be deemed a waiver of the performance of such term, condition, covenant or provision; In the execution of this Agreement each of the parties has had the benefit of consultation and advise of an attorney of their choosing, and represents that they fully read and understand the terms of this Agreement; 10. This Agreement shall remain in full force and effect until such time as the Subject Property ceases to be subject to the conditions of approval of the Conditional Use Permit. IN WITNESS THEREOF, the parties hereby execute this Agreement as of the first date set forth above. City of Campbell By J~NETTE WATSON, MAYOR Owner / 7 , _ LILLIAN HAUN Approved as to Form and Content: 4qini R. ge i - --city Of Campbell D~~el Hff~'pem~, A~~e y f~~or Owner September 21, 2001 Re~ Plan Check Building 2001-489 1071 E1 Solyo Avenue Based upon the most recent review of this date the following items are still outstanding from a Planning Division Clearance standpoint: 1. Park Impact Fee: Please note that a Park Impact Fee of $10,990 is due at the time of building final/occupancy. (Condition No.2) Deed restriction: Prior to the issuance of Building Permit a deed restriction shall be filed with the Santa Clara County Recorder's Office. The form and content of the restriction must be approved by the City Attorney. (Condition No. 4) Verification of recorded restriction not submitted. o Plan Modifications: The Planning Commission approval required modifications to the plan submittal that was presented to the Planning Commission. The required changes or amendments are outlined in (Condition No. 6) of your approval. The Building Department submittal needs to reflect these changes: a. Illustration of an 8' wide driveway to the rear garage. Driveway does not align with garage door. b. A landscaping plan providing landscaping to enhance the privacy to the rear and eastern yards. Submitted plan indicates rose bushes in ~ barrels and honeysuckle vines along the fence. No size is indicated nor method of irrigation. The condition asked to provide greater privacy to adjacent residential use. Taller screening shrubs or small trees would be recommended. The size and method of irrigation should be provided. c. Modifications to the second floor windows on the easterly elevation and removal of the downstairs bathroom closest to the garage. Theplan calls for one way vision windows. It does not address sound attenuation nor does it describe how the restrict vision glass will be achieved. Inspections: Condition No. 3 of your approval required that you enter into an agreement in a form and manner as determined by the City Attorney agreeing to the terms of Condition No. 3 and waiving any right to object to inspections. (Condition No. 3) Agree not provided. Timing not specified in the condition. J:\Plan Check Letters\BLD 2001-489 1071 El Solyo 9.21.01 Plan Check Items.doc CITY OF CAMPBELL Community Development Department - Current Planning September 20, 2001 Mr. Gene Haun 1071 E1 Solyo Avenue Campbell, CA 95008 Re: Plan Check Building 2001-489 1071 E1 Solyo Avenue Dear Mr. Haun: The Planning Division has reviewed your submittal for the above referenced property in light of the Planning Commission approval per Resolution No. 3332. Based upon the most recent review of this date this review the following items are still outstanding from a Planning Division Clearance standpoint: 1. Park Impact Fee: Please note that a Park Impact Fee of $10,990 is due at the time of building final/occupancy. (Condition No .2) Deed restriction: Prior to the issuance of Building Permit a deed restriction shall be filed with the Santa Clara County Recorder's Office. The form and content of the restriction must be approved by the City Attorney. (Condition No. 4) o Plan Modifications: The Planning Commission approval required modifications to the plan submittal that was presented to the Planning Commission. The required changes or amendments are outlined in (Condition No. 6) of your approval. The Building Department submittal needs to reflect these changes: a. Illustration of an 8' wide driveway to the rear garage b. A landscaping plan providing landscaping to enhance the privacy to the rear and eastern yards. c. Modifications to the second floor windows on the easterly elevation and removal of the downstairs bathroom closest to the garage. Inspections: Condition No. 3 of your approval required that you enter into an agreement in a form and manner as determined by the City Attorney agreeing to the terms of Condition No. 3 and waiving any right to object to inspections. (Condition No. 3) J:\Plan Check LettersXBLD 2001-489 1071 E1 Solyo.doc 70 North First Street . Campbell, California 95OO8-1436 · TEL 408.866.2140 . V^X 408.866.8381 . TDD 408.866.2790 Plan Check Letter - Planning Division BLD 2001-489 9.20.01 1071 E1 Solyo Avenue Page 2 Please note that each of these items was identified in our plan check letter dated May 18, 2001, with the exception of item 4 above. The Building Official additionally has indicated a need to obtain a clearance from the local school districts, Santa Clara County Fire Department, and West Valley Sanitation District regarding your proposed occupancy changes, prior to the issuance of building permits. If you should have any questions regarding these .items or would like to discuss these issues, please do not hesitate to contact me. I may be reached at (408) 866-2144. Tim J. Haley Associate Planner CC: Bill Bruckart, Building Official Sharon Fierro, Community Development Director Geoff Bradley, Senior Planner William Seligmann, City Attorney J:kPlan Check Letters~,BLD 2001 489 1071 El Solyo.doc May 18, 2001 Mr. Gene Haun 1071E1Solyo Avenue Campbell, CA 95008 CITY or CAMPBELL Community Development Department - Current Planning Re: Plan Check Building 2001-489 1071 E1 Solyo Avenue Dear Mr. Haun: The Planning Division has reviewed your submittal for the above referenced property in light of the Planning Commission approval per Resolution No. 3332. Based upon this review the following information is requested as outlined below: 1. Park Impact Fee: Please note that a Park Impact Fee of $10,990 is due at the time of building finab'occupancy. (Condition No.2) Deed restriction: Prior to the issuance of Building Permit a deed restriction shall be filed with the Santa Clara County Recorder's Office. The form and content of the restriction must be approved by the City Attorney. (Condition No. 4) , (~su-~ Mo&'fications: The Planning Commission approval required modifications to the plan mittal that was presented to the Planning Commission. The required changes or amendments are outlined in (Condition No. 6) of your approval. The Building Department submittal needs to reflect these changes: a. Illustration of an 8' wide driveway to the rear garage b. A landscaping plan providing landscaping to enhance the privacy to the rear and eastern yards. c. Modifications to the second floor windows on the easterly elevation and removal of the downstairs bathroom closest to the garage. If you should have any questions regarding these items or would like to discuss these issues, please do not hesitate to contact me. I may be reached at (408) 866-2144. Associate Planner Bill Bruckart, Building Official Sharon Fierro, Community Development Director Geoff Bradley, Senior Planner William Seligmann, City Attorney J:X, Plan Check LettersXBLD 2001-489 1071 El Solyo.doc 70 North First Strczt Campbell, California 9500S- 1436 - TEL 408.866.2 140 · F~X 408.866.838 I . TDD 408.866.2790 CITY oF CAMPBELL Community Development Department - Current Planning April 11, 2001 Mr. Gene Haun 1071 E1 Solyo Avenue Campbell, CA 95008 Re: PLN2001-05 - 1071 E1 Solyo Avenue - Second Residential Unit Dear Applicant: Please be advised that the Planning Commission, at its meeting of April 10, 2001, adopted Resolution No. 3332 granting a Conditional Use Permit to allow the conversion of an existing accessory building into a second single-family residence on the above- referenced property. Please process plans through the Building Division to allow the conversion of this building from accessory uses to living purposes. This approval is effective in ten days, unless appealed in writing to the City Clerk. California Code of Civil Procedure, Section 1094.6, governs the time within which judicial review of this decision must be sought. If you have any questions, do not hesitate to contact me at (408) 866-2140. Sincerely, Tim J. i~ley Associate Planner CC: Harold Housley, Public Works Frank Mills, Building Department Chris Veargason, County Fire 70 North First Street · Campbell, California 95008-1436 . TEL 408.866.2140 · F.XX 408.866.8381 · TDD 408.866.279© RESOLUTION NO. 3332 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL, GRANTING A CONDITIONAL USE PERMIT (PLN2001-05) TO ALLOW CONVERSION OF AN EXISTING ACCESSORY BUILDING INTO A SECOND SINGLE- FAMILY RESIDENCE ON PROPERTY LOCATED AT 1071 EL SOLYO AVENUE IN AN R-l-6 (SINGLE FAMILY RESDENTIAL) ZONING DISTRICT. APPLICATION OF MR. GENE HAUN. FILE NO. PLN2001-05. 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 PLN2001-05: 1. The subject lot of 15,695 square feet exceeds the minimum net lot area of 12,000 square feet required for secondary living unit. 2. The proposed unit complies with all of the development standards for secondary living units in an R-l-6 zoning district. 3. The total gross floor area of the proposed unit is not limited to six hundred and forty square feet in that the lot area exceeds 15,000 square feet. 4. The additional living unit is designed so that the appearance of the building remains that of a single-family residence. 5. The project provides five covered and three uncovered parking spaces on-site. 6. The proposed project is compatible with the surrounding neighborhood. 7. The proposed project will contribute to the housing stock in the City of Campbell and serve the housing needs of the community. o The existing secondary structure has a long history of being illegally converted and used as an illegal four-unit apartment. In the absence of a reasonable access for inspections, there is a tangible risk in light of the history of the structure that it could be used illegally again. The risk of future illegal use would be mitigated by a condition that facilitates inspections of the structure. Planning Commission Rest,..~on No. 3332 PLN2001-05 - 1071 E1 Solyo Avenue - Second Residential Unit Page 2 Based on the foregoing findings of fact, the Planning Commission further finds and concludes that, as conditioned: 1. The proposed project is consistent with the General Plan and Zoning Ordinance. 2. The proposed project will aid in the harmonious development of the immediate area. o The establishment, maintenance or operation of the use applied for will not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. 4. The proposed residential use is compatible with uses in the area. o The proposed site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features required in order to integrate said use with uses in the surrounding area. 6. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such use would generate. The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the ordinance of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. 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 1. Approved Project: Approval is granted for a Use Permit to allow the conversion of an existing attached accessory building into a secondary living unit of 2,628 square feet including a 350 square foot garage on property located at 1071 E1 Solyo Avenue. Project approval shall substantially comply with project plans dated as received by the Community Development Department on January 17, 2001, and prepared by R. Woessner, except as modified herein in the Conditions of Approval. Development Approval Expiration: The Use Permit approval (UP 99-03) for this project shall expire if not vested within a period of one year from the Planning Commission approval. All conditions of approval specified herein must be completed within one year from the date of approval or the Use Permit shall be void. Planning Commission Reso,,don No. 3332 PLN2001-05 - 1071 E1 Solyo Avenue - Second Residential Unit Page 3 o o o Park Impact Fee: The applicant shall pay a Park Impact Fee of $10,990 for the new secondary living unit, prior to issuance of a certificate of building occupancy. Inspection: The interior and exterior of the secondary-unit shall be made available for inspection by an agent of the City at anytime between 8:00 a.m. and 6:00 p.m. upon providing the property owner and tenant with at least twenty-four hours advance notice by one or more of the following means: a. Telephone to the telephone number for the primary residence; b. Posting a reasonably conspicuous notice in a reasonably conspicuous place on the property; c. Mailing a notice by first class United States Mail to 1071 E1 Soylo Avenue at least four days in advance of the inspection; or d. Any other means reasonably calculated to provide notice to the residents. The property owner shall advise any tenant of any noticed inspection upon receipt of such notice. Failure to actually receive notice provided by this condition shall not be grounds for refusal to allow the inspection. The applicant additionally shall enter an agreement in a form and manner as determined by the City Attorney agreeing to the terms of this condition and waiving any right to object to the inspections. Among other terms, the agreement shall also provide that the owner shall be responsible for any costs incurred in enforcing the provisions of this use permit or any applicable law. Deed Restriction: The applicant shall record a deed restriction, satisfactory to the City Attorney, setting forth the following occupancy restrictions: a. Not more than one (1) dwelling unit on the property shall be rented or leased; b. The inspection provisions of condition 3. c. The rear and side yards of the secondary living unit will be maintained in a clean and sanitary condition and shall not be used for storage of equipment and building materials beyond the 100 square feet permitted within the single family zoning district. The deed restriction shall be recorded with the Santa Clara County Recorders Office and a copy submitted to the Community Development Department, prior to issuance of building permits. Building Division: The approved project must comply with all applicable building codes as determined by the Campbell Building Official. Planning Commission Res~,.~,ion No. 3332 PLN2001-05 - 1071 E1 Solyo Avenue - Second Residential Unit Page 4 Driveway Improvements/Landscaping/Window Relocation/Bathroom Removal: a. Prior to building occupancy the applicant shall provide a minimum 8' driveway surface as required by section 21.50. 030 of the Campbell Municipal Code to the rear garage. b. A landscaping plan shall be submitted indicating how the rear and eastern side yard will be enhanced to provide greater privacy to the adjacent residential use prior to building occupancy. c. The applicant shall submit revised architectural plans indicating: 1. Use translucent and soundproofing glass or equivalent material if not available (to the satisfaction of the Community Development Director) of the two windows on the eastern elevation on the second floor; and 2. Removal of the entire bathroom (sink, toilet, bathtub and/or shower) on the first floor closest to the garage. CENTRAL FIRE DISTRICT 7. Development Review: Review of this developmental proposal is limited to acceptability of site access and water supply as they pertain to fire department operations, and shall not be construed as a substitute for formal plan review. Required Fire Flow: Required fire flow for this project is 1000 GPM at 20 psi residual pressure. The required fire flow is available from area water mains and fire hydrant(s), which are spaced at the required spacing. Premises Identification: Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background. PUBLIC WORKS DEPARTMENT 10. Utilities: All new on-site Utilities shall be installed underground per Section 20.36.150 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. 11. Utility Installation Plan: Prior to issuance of building permits for the site, the applicant shall submit a Utility Installation Coordination Plan and Schedule for approval by the City Engineer for installation of street improvements and/or abandonment of all utilities. Streets, which have been resurfaced within the previous 5 years, will require boring and jacking for all new utility installations. The applicant shall also prepare pavement restoration plans for approval by the City Engineer prior to any utility installation or abandonment. Planning Commission Resins, don No. 3332 PLN2001-05 - 1071 E1 Solyo Avenue - Second Residential Unit Page 5 12. Prcmf c~f Clwner~hip, Prior to issuance of any grading, drainage or building permits for the site, the applicant shall provide a current preliminary title report, grant deed or other satisfactory proof of ownership. 13. ~treet lrn,nrovernent~ Pnrmmnt to a Minor F. nc, ro~ehrnent Permit' Prior to issuance of an encroachment permit for the construction of any public street improvements in the public right-of-way, the applicant shall cause plans to be prepared, post security and provide insurance as required by the City Engineer. The fee for a minor non-utility encroachment permit is $50.00. The plans shall include the following: · Reconstruction of ADA compliant rolled curb and sidewalk, as determined by the City Engineer. · Construction of conforms to existing public and private improvements as necessary. · Street tree with irrigation as determined by the City Engineer. 14. | Ttilltlo~: All new on-site Utilities shall be installed underground per Section 20.36.150 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. 15. I/tillty Installation Plan: Prior to issuance of building permits for the site, the applicant shall submit a Utility Installation Coordination Plan and Schedule for approval by the City Engineer for installation of street improvements and/or abandonment of all utilities. Streets, which have been resurfaced within the previous five years, will require boring and jacking for all new utility installations. Applicant shall also prepare pavement restoration plans for approval by the City Engineer prior to any utility installation or abandonment. PASSED AND ADOPTED this l0th day April, 2001, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Doorley, Francois, Gibbons, Hernandez, Jones, Lindstrom, Lowe None None None APPROVED: Mel Lindstrom, Chair ATTEST: Sharon Fierro, Secretary ITEM NO. 1 STAFF REPORT - PLANNING COMMISSION MEETING OF APRIL 10, 2001 PLN 2001-05 Haun, G. Continued Public Hearing to consider the application of Mr. Gene Haun for approval of a Conditional Use Permit (PLN2001-05) to allow the conversion of an existing attached accessory structure into a secondary living unit on property located at 1071 El Solyo Avenue in a R-l-6 (Single Family Residential) Zoning District. STAFF RECOMMENDATION That the Planning Commission take the following action: Adopt a Resolution, incorporating the attached findings, approving a Use Permit to allow the conversion of the portion of an existing structure into a secondary living unit, subject to the attached conditions of approval. ENVIRONMENTAL DETERMINATION This project is categorically exempt under Section 15303 (a) Class 3 (new construction of small structures) of CEQA; therefore, no environmental action is required. BACKGROUND This item was continued from the previous Planning Commission meeting of February 27, 2001, so that the applicant could revise the presented plans. The Commission asked the applicant to make the following changes: 1) Elimination of the door way at the top of the stairs 2) Relocation/removal of windows on the east elevation of the building, so they do not overlook the neighbor's rear yard and consider sound proofing. 3) Filing a covenant to restrict the usage of side and rear yard areas for storage, equipment and a dog run. 4) Elimination of one of the bathrooms 5) To consider landscaping in the rear and side yards to replace landscaping loss due to provided garage access. A copy of the previous staff report, minutes and corresponds are attached for the Commission's information. Staff Report - Planning Commission Meeting of April 10, 2001 PLN 2001-05 - 1071 E1 Solyo Avenue Page 2 DISCUSSION Applicant's Revised Proposal: The applicant is requesting approval of a Use Permit to allow the conversion of an existing two story attached accessory building into a secondary living unit at the rear of the project site. The applicant has considered the requests of the Planning Commission and is proposing the following changes to the previously presented plans: 1) Elimination of the door way at the top of the stairs; 2) Place an obscure screen material on the windows to increase privacy; 3) Filing a covenant to restrict the usage of side and rear yard areas for storage, equipment and a dog run consistent with the R-l-6 zoning standards; 4) The applicant has proposed the elimination of the bathtub in the downstairs bathroom adjacent to the garage; and 5) The applicant is willing to providing plantings in the rear and side yards. Staff is recommending amendments to the previous conditions of approval to require a landscape plan for privacy in the rear and side yards and a condition that the windows on the eastern elevation be relocated. These changes are reflected in italics on the recommended conditions. Attachments: 1. Findings for Approval 2. Conditions of Approval 3. Planning Commission Minutes - February 27,2001 4. Staff Report - February 27,2001 5. Correspondences - February 25, 2001- Patrick Murphy - February 26, 2001-Greig Hoque, P. E. 6. Exhibits 7. Location Map Submitted by: [~~~ [ ,-~~, Tim Haley, Associate Planner Ap provedby: ~~f-~/. /~/~t.~ "' I Ge~t~fBradley, Senior Planner/ ATTACHMENT NO. 1 FINDINGS FOR APPROVAL FOR FILE NO. PLN 2001-05 SITE ADDRESS: 1071 El Solyo Avenue APPLICANT: Gene Haun P.C. MEETING: April 10, 2001 Findings for Approval of a Use Permit to allow a 2,628 square foot secondary living unit on property located in an R-l-6 (Single-family residential, 6,000 square foot minimum lot size) zoning district The Planning Commission finds as follows with regard to File No. PLN 2001-05: 1. The subject lot of 15,695 square feet exceeds the minimum net lot area of 12,000 square feet required for secondary living unit. 2. The proposed unit complies with all of the development standards for secondary living units in an R-1-6 zoning district. 3. The total gross floor area of the proposed unit is not limited to six hundred and forty square feet in that the lot area exceeds 15,000 square feet. 4. The additional living unit is designed so that the appearance of the building remains that of a single-family residence. 5. The project provides five covered and three uncovered parking spaces on-site. 6. The proposed project is compatible with the surrounding neighborhood. 7. The proposed project will contribute to the housing stock in the City of Campbell and serve the housing needs of the community. o The existing secondary structure has a long history of being illegally converted and used as an illegal four-unit apartment. In the absence of a reasonable access for inspections, there is a tangible risk in light of the history of the structure that it could be used illegally again. The risk of future illegal use would be mitigated by a condition that facilitates inspections of the structure. Based on the foregoing findings of fact, the Planning Commission further finds and concludes that, as conditioned: 1. The proposed project is consistent with the General Plan and Zoning Ordinance. 2. The proposed project will aid in the harmonious development of the immediate area. FINDINGS FOR APPROVAL FOR FILE NO. PLN 2001-05 Page 2 o The establishment, maintenance or operation of the use applied for will not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. 4. The proposed residential use is compatible with uses in the area. o The proposed site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features required in order to integrate said use with uses in the surrounding area. 6. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such use would generate. ATTACHMENT NO. 2 CONDITIONS OF APPROVAL FOR FILE NO. PLN 2001-05 SITE ADDRESS: 1071 El Solyo Avenue APPLICANT: Gene Haun P.C. MEETING: April 10, 2001 The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the ordinance of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. 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 1. Approved Prqiect: Approval is granted for a Use Permit to allow the conversion of an existing attached accessory building into a secondary living unit of 2,628 square feet including a 350 square foot garage on property located at 1071 E1 Solyo Avenue. Project approval shall substantially comply with project plans dated as received by the Community Development Department on January 17, 2001, and prepared by R. Woessner, except as modified herein in the Conditions of Approval. Development Approval Expiration: The Use Permit approval (UP 99-03) for this project shall expire if not vested within a period of one year from the Planning Commission approval. All conditions of approval specified herein must be completed within one year from the date of approval or the Use Permit shall be void. Park Impact Fee: The applicant shall pay a Park Impact Fee of $10,990 for the new secondary living unit, prior to issuance of a certificate of building occupancy. o Inspection: The interior and exterior of the secondary-unit shall be made available for inspection by an agent of the City at anytime between 8:00 a.m. and 6:00 p.m. upon providing the property owner and tenant with at least twenty-four hours advance notice by one or more of the following means: a. Telephone to the telephone number for the primary residence; b. Posting a reasonably conspicuous notice in a reasonably conspicuous place on the property; c. Mailing a notice by first class United States Mail to 1071 E1 Soylo Avenue at least four days in advance of the inspection; or d. Any other means reasonably calculated to provide notice to the residents. The property owner shall advise any tenant of any noticed inspection upon receipt of such notice. Conditions of Approval for PLN2001-05 1071 E1 Solyo Avenue Page 2 Failure to actually receive notice provided by this condition shall not be grounds for refusal to allow the inspection. The applicant additionally shall enter an agreement in a form and manner as determined by the City Attorney agreeing to the terms of this condition and waiving any right to object to the inspections. Among other terms, the agreement shall also provide that the owner shall be responsible for any costs incurred in enforcing the provisions of this use permit or any applicable law. Deed Restriction: The applicant shall record a deed restriction, satisfactory to the City Attorney, setting forth the following occupancy restrictions: Not more than one (1) dwelling unit on the property shall be rented or leased; The inspection provisions of condition 3. The rear and side yards of the secondary living unit will be maintained in a clean and sanitary condition and shall not be used for storage of equipment and building materials beyond the 100 square feet permitted within the single family zoning district. The deed restriction shall be recorded with the Santa Clara County Recorders Office and a copy submitted to the Community Development Department, prior to issuance of building permits. Building Division: The approved project must comply with all applicable building codes as determined by the Campbell Building Official. Driveway Improvements/Landscaping/Window Relocation/Bathroom Removal: a. Prior to building occupancy the applicant shall provide a minimum 8' driveway surface as required by section 21.50. 030 of the Campbell Municipal Code to the rear garage. b. A landscaping plan shall be submitted indicating how the rear and eastern side yard will be enhanced to provide greater privacy to the adjacent residential use prior to building occupancy. c. The applicant shah submit revised architectural plans indicating: 1. Relocation of the windows on the eastern elevation on the second floor to the south elevation. 2. Removal of the entire bathroom (sink, toilet, bathtub and/or shower) on the first floor closest to the garage. CENTRAL FIRE DISTRICT 7. Development Review: Review of this developmental proposal is limited to acceptability of site access and water supply as they pertain to fire department operations, and shall not be construed as a substitute for formal plan review. Conditions of Approval for PLN2001-05 1071 El Solyo Avenue Page 3 o o Required Fire Flow: Required fire flow for this project is 1000 GPM at 20 psi residual pressure. The required fire flow is available from area water mains and fire hydrant(s) which are spaced at the required spacing. Premises Identification: Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background. PUBLIC WORKS DEPARTMENT 10. Utilities: All new on-site Utilities shall be installed underground per Section 20.36.150 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. 11. Utility Installation Plan: Prior to issuance of building permits for the site, the applicant shall submit a Utility Installation Coordination Plan and Schedule for approval by the City Engineer for installation of street improvements and/or abandonment of all utilities. Streets, which have been resurfaced within the previous 5 years, will require boring and jacking for all new utility installations. The applicant shall also prepare pavement restoration plans for approval by the City Engineer prior to any utility installation or abandonment. 12. Proof of Ownership: Prior to issuance of any grading, drainage or building permits for the site, the applicant shall provide a current preliminary title report, grant deed or other satisfactory proof of ownership. 13. Street Improvements Pursuant to a Minor Encroachment Permit: Prior to issuance of an encroachment permit for the construction of any public street improvements in the public right-of-way, the applicant shall cause plans to be prepared, post security and provide insurance as required by the City Engineer. The fee for a minor non-utility encroachment permit is $50.00. The plans shall include the following: · Reconstruction of ADA compliant rolled curb and sidewalk, as determined by the City Engineer. · Construction of conforms to existing public and private improvements as necessary. · Street tree with irrigation as determined by the City Engineer. Conditions of Approval for PLN2001-05 1071 E1 Solyo Avenue Page 4 14. Utilities: All new on-site Utilities shall be installed underground per Section 20.36.150 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. 15. Utility Installation Plan: Prior to issuance of building permits for the site, the applicant shall submit a Utility Installation Coordination Plan and Schedule for approval by the City Engineer for installation of street improvements and/or abandonment of all utilities. Streets, which have been resurfaced within the previous five years, will require boring and jacking for all new utility installations. Applicant shall also prepare pavement restoration plans for approval by the City Engineer prior to any utility installation or abandonment. Planning Commission Minutes of Febmary 27, 2001 Attachment #3 Page 2 AGENDA MODIFICATIONS OR POSTPONEMENTS There were no modifications or postponements. ORAL REQUESTS There were no oral requests. PUBLIC HEARING Chairperson Lindstrom read Agenda Item No. 1 into the record. 1. PLN2001-05 Haun, G. Public Hearing to consider the application of Mr. Gene Haun for approval of a Conditional Use Permit (PLN2001-05) to allow conversion of an existing accessory building into a second single- family residence on property located at 1071 El Solyo Avenue in an R-l-6 (Single Family Residential) Zoning District. This project is Categorically Exempt. Planning Commission decision final in 10 days, unless appealed in writing to the City Clerk. Mr. Tim J. Haley, Associate Planner, presented the staff report as follows: · Advised that the applicant is seeking a Conditional Use Permit to allow the conversion of an existing accessory structure into a secondary living unit. · Advised that the property was developed in 1985 with a new two-story residence at the front of the property and this two-story accessory structure at the rear of the property. The accessory structure was limited to use for parking, storage, office area and a workshop. The accessory structure is attached to the front unit with a trellis feature. There were to be no kitchen or living uses of this accessory structure. · Informed that as of approximately 1997, the structure was illegally converted into a four- unit apartment. · Approval of this Use Permit will allow the conversion into a secondary living unit. · Advised that under the Zoning, properties greater than 12,000 square feet can have a secondary living unit. If the property is 2.5 times greater than the minimum lot size under that particular zoning designation, there is no limitation to the size of the secondary living unit. Typically secondary living units are limited to 640 square feet. · This particular structure is 2,600 square feet and two-story. It meets the setbacks, parking and open space requirements of the R-1-6 Zoning. · Staff is recommending approval. Within the proposed Conditions of Approval is a requirement that the applicant allow routine inspections to ensure compliance that this secondary structure is being used as a single unit. Commissioner Francois asked Mr. Haun if he was the property owner when the Code Enforcement action began in 1997. Mr. Gene Haun replied that he was. Commissioner Francois questioned the delay in obtaining compliance with this Code Enforcement. Planning Commission Minutes of February 27, 2001 Page 3 Mr. Tim J. Haley advised that Code Enforcement is a slow process that takes time. Added that the owner was ultimately cited for these Zoning Code violations. Commissioner Lowe asked whether the pad where the air-conditioning unit is installed meets required setbacks. Mr. Tim J. Haley replied that such a pad is not defined as a structure and therefore there are no specific setbacks. Additionally, there is no Noise Ordinance to enforce noise impacts from such equipment. Ms. Sharon Fierro added that there are no building permits on file for that particular equipment. Clarified that Code allows such placement of equipment as long as the noise levels do not cross property line. Commissioner Gibbons asked about impacts on landscaping in order to install the garage and turnaround space. Mr. Tim J. Haley admitted that changes would be required to obtain the necessary turning radius into the garage. Commissioner Gibbons recommended that an existing door that allows access from the stairs into the family room be removed to ensure that the unit not be turned back into a multi-tenant unit again in the future. Commissioner Hemandez asked staff to explain Council's intention when they imposed use restrictions on this unit when it originally received approval. Mr. Tim J. Haley advised that the unit was approved as a detached accessory structure. The fact that the accessory structure was two-story was unusual. Since the approval of the accessory structure, Zoning regulations have changed which now allows secondary living units. This unit was later illegally converted into four living units. Commissioner Lowe asked what would occur if the rules had not changed. Mr. Tim J. Haley replied that the applicant would not be allowed to have a second living unit on the property. Added that this lot is a large one with lots of area. However, it does not lend itself to be split into a flag lot due to its inadequate width. Commissioner Lowe presented the Site and Architectural Review Committee report as follows: · Advised that SARC included just one member who was not comfortable making a recommendation. The fact that the structure has been used illegally caused concern. Chairperson Lindstrom opened the Public Hearing for Agenda Item No. 1. Planning Commission Minutes of February 27, 2001 Page 4 Mr. Patrick Murphy, 1084 Arroyo Seco Drive: · Advised that his family has owned their home, located directly behind the subject property, since September 1993. · Said that he has outlined problems, in a letter distributed this evening, that his family has experienced with having people illegally living in this accessory structure over the last seven years. · Disagreed with the proposed findings outlined in the staff report. · Said that this property owner has shown a disregard for rules. · Invited the Commissioners to visit his property in order to see first hand the negative impacts this unit causes on his property and the enjoyment of his home and yard. · Added that at the present time, no one is living in the units so it is actually nice for the first time in seven years not to have people peering into his window or speaking to them while they attempt to enjoy family time in their rear yard. Added that he should have some reasonable expectation of privacy when using a rear yard that is not possible with a two story residential structure located at the property line. · Said that this situation has the potential of negatively impacting his property values. · Plead for the Commission's consideration. · Admitted that he has never officially complained about the situation. They just lived with it. · Mentioned one occasion when one of the tenants of this structure threatened him because he was mowing his back lawn one Saturday morning at 9 a.m. Commissioner Francois asked Mr. Murphy what he would prefer to see here. Mr. Patrick Murphy replied that it is not for him to say. Added that while zoning laws may have changed since this structure was constructed, the right to privacy has not. Added that there are opportunities for compromise including changes to the eastern exposure, which overlooks his rear yard and windows, with features such as fixed windows. Commissioner Gibbons asked Mr. Murphy whether he was aware that the proposed approval is for a single-family occupancy. Mr. Patrick Murphy replied that he was aware of that fact. Commissioner Gibbons asked Mr. Murphy for the height of the shared fence between the two properties. Mr. Patrick Murphy replied that the fence is six feet but that the E1 Solyo site is approximately 1.5 feet higher in elevation than his property. Mr. Richard Shilling, 1115 E1 Solyo Avenue: · Stated that he has lived on E1 Solyo for the last 54 years and that this request is a gross stretch of zoning regulations that negatively impacts a neighbor's property. · Added that it does not make sense to him to infringe on the privacy of another property owner. Planning Commission Minutes of February 27, 2001 Page 5 · Said that while this is a well-built structure, he would object if this were directly adjacent to his own property. Chair Lindstrom advised that the applicant is trying to make an existing structure's use legal. Mr. Gene Haun, 1071 E1 Solyo Avenue: · Advised that there are no windows on the back of the building and added that the windows overlooking the Murphy home will be moved/removed in order to make room for the new garage. · Informed that this structure was constructed in 1986, before Mr. Murphy purchased his home, so its existence was no surprise to Mr. Murphy. · Said that he is making an effort to comply. · Expressed his objection for Condition No. 8 which he feels allows extraordinary access for unlimited inspections. Commissioner Francois disagreed and advised Mr. Haun that as long as he complies with the Conditions of Approval, he will have no problem. At this time, there has been a history of complaints since 1997. Added that the inspections will require 24-hour advance notice. Commissioner Doorley asked Mr. Haun to clarify his past use of this structure. Mr. Gene Haun stated that he had what he believed to be an oral agreement with the person who served as the City Attorney at that time. City Attorney William Seligrnann informed that Commission that he has spoken with the former City Attorney, also someone with whom he used to practice, and Mr. Dempster offered assurances that he never authorized illegal use of this structure. Commissioner Hemandez stated that Mr. Haun has clearly admitted to non-conforming uses in the past. Asked what assurances the City has that compliance will be achieved in the future. Mr. Gene Haun replied that he does not want to experience future problems with the City. Commissioner Hernandez suggested that perhaps more than 24-hour notice might be appropriate for the inspections. Mr. Gene Haun added that perhaps having an expiration date for these inspections within a few years rather than on going might be more reasonable. Commissioner Doorley asked for the possible options. Ms. Sharon Fierro advised that the unit is currently configured into four separate units. The existing floor plan dictates the use as four units. Staffhas worked with the applicant to create a traditional single-family floor plan. Agreed with Commissioner Gibbons' recommendation to remove a door that offers the opportunity in the future to isolate the unit into multiple units Planning Commission Minutes of February 27, 2001 . Page 6 should that door be retained. Said that another option for the Commission is to deny the second living unit and require the removal of any living facilities from the structure. Chair Lindstrom added that the applicant could come back in the future to have the Conditions of Approval modified. Commissioner Lowe asked whether the setbacks have been verified. Ms. Sharon Fierro advised that she had visited the site with the Building Inspector and Code Enforcement Officer. Mr. Tim J. Haley added that the setbacks as depicted on the plans are consistent with the rules. Commissioner Gibbons asked if a professional survey had been conducted. Ms. Sharon Fierro replied no. Commissioner Lowe suggested adding a requirement for a survey to the Conditions of Approval. Ms. Sharon Fierro added that the building itself is legal what is being evaluated is the use of that building. Mr. Tim J. Haley added that the building was approved and inspected by the Building Department at the time it was constructed. Commissioner Jones asked what criteria is generally required in order to allow the City to conduct a site inspection. City Attorney William Seligmann advised that the City must demonstrate reasonable cause or go to court for an order and then wait 24 hours. Commissioner Hemandez asked how long that process would take. City Attorney William Seligmann replied that the time consuming aspect of the process is gathering the evidence and preparing documents. Commissioner Jones asked what type of evidence would be required. City Attorney William Seligmann replied that typically it consists of a declaration from the Code Enforcement Officer. Mr. Tim J. Haley suggested a modification to the Condition of Approval requiring inspections to be in effect for five years or until the property is sold. Planning Commission Minu,es of February 27, 2001 Page 7 Ms. Sharon Fierro advised that this review process does not represent the way in which the City typically evaluates a building. This is an existing building. Plans are typically reviewed prior to construction not after. What has to be evaluated at this point is how the floor plan can and will be used. Commissioner Gibbons suggested relocating two windows, in the master bedroom and sewing room, so that they do not overlook the neighbor's property. Additionally, the windows should be sound rated. Storage or equipment at the rear should be prohibited. Ms. Sharon Fierro proposed the elimination of the wall between the sewing room and master bedroom. Chair Lindstrom suggested that this item might warrant a continuance to work out the details. Commissioner Gibbons said that perhaps everything could be dealt with through the Conditions of Approval. Chairperson Lindstrom closed the Public Heating for Agenda Item No. 1. Commissioner Jones re-stated that this is an existing legal building. Inquired whether the setbacks are met for residential uses. Ms. Sharon Fierro clarified that it is legal as an accessory building and not for residential uses. Mr. Tim J. Haley advised that the setbacks for accessory and living units are the same. Commissioner Gibbons stated that this is an awkward and unfortunate situation and that the City is somewhat stuck. There is not a lot of flexibility. The Commission has the ability to include conditions to mitigate. Suggested the following: require that one of two windows in the master bedroom be relocated as far away as possible from the property line; use of sound proof windows; filing of a covenant to ensure that no storage, equipment placement or dog runs occur behind or around the structure; require a landscape plan to the satisfaction of the Community Development Director as a result of site changes to accommodate placement of the garage and required backup space; require a survey to confirm the position of the structure. Chair Lindstrom stated that it appears that there are lots of areas of concerns and it is better to continue this application. Commissioner Hemandez agreed with Commission Gibbons' suggestions and said the Commission can recommend a list of items for staff and the applicant to rework. If there are too many, perhaps a continuance is warranted. Said that he had concerns about the floor plan as the temptation is clearly there to use the structure for more than a single-family residence. Said that there are a lot of bathrooms for a single-family residence and one solution may be the removal of at least one of the bathrooms. Planning Commission Minutes of February 27, 2001 Page 8 Commissioner Lowe asked what would occur should the site survey determine non-compliance with setbacks. City Attorney William Seligmann advised that the options are limited since this is an approved building with permits. Commissioner Lowe replied that in that case the site survey would appear to have no value. City Attomey William Seligrnann suggested that the survey might substantiate the need for additional mitigation conditions. Commissioner Doorley said that the single-family use is a better option to the past four-unit apartment use as long as there is no diminishing of inspection criteria. Commissioner Jones said that he is not in favor of the condition for inspections upon demand and said that to him it seems rather like a punishment. Commissioner Doorley said that in a way that condition is a punishment for a past history of infractions. Commissioner Jones said that he might support that condition if it has an expiration date. Commissioner Francois said that the condition for inspections is necessary based on the history of the property. Supported having that condition terminate upon sale of the property. City Attorney William Seligrnann advised the Commission that they couldn't impose a condition based upon the sale of the property. Commissioner Gibbons advised that the applicant could come back to the Commission in the future to seek a change to the conditions of approval. Chair Lindstrom reopened Public Heating No. 1. Commissioner Lowe said that he feels that there are a lot of issues and recommendations already outlined by the Commission, including: removal of one bathroom; moving/removing windows in the upstairs master bedroom/sewing room so that they face the front of the structure instead of into the rear yard of the adjacent residence; inclusion of soundproof windows; landscape requirements to make up for the addition of a garage and the related backup space which will eliminate some of the site's existing landscaping; and filing of a covenant restricting the use behind the structure to prohibit storage, equipment and/or a dog run from being placed there. Motion: Upon motion of Commissioner Lowe, seconded by Commissioner Hernandez, the Planning Commission continued consideration of the application of Mr. Gene Haun for a Conditional Use Permit (PLN2001-05) to allow conversion of an existing accessory building into a second single- Planning Commission Minutes of February 27, 2001 Page 9 family residence on property located at 1071 El Solyo Avenue, to the Planning Commission meeting of April 10, 2001, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Doorley, Francois, Gibbons, Hernandez, Jones, Lindstrom and Lowe None None None Chairperson Lindstrom read Agenda Item No. 2 into the record. 2. PLN2001-07 Staff Public Heating to consider the City-initiated application for approval of a Text Amendment (PLN2001-07) to amend Sections 21.80.020, and 21.80.030 of the Campbell Municipal Code to require the payment of an application filing fee for appeals. This Project is Categorically Exempt. Tentative City Council Meeting Date: March 20, 2001. Mr. Tim J. Haley, Associate Planner, presented the staff report as follows: · Advised that this is a staff-initiated application for a Text Amendment to add a filing fee for appeals. · Said that at the present time, the City does not have a current appeal fee for appeals of administrative decisions of the Community Development Director to the Planning Commission or decisions of the Planning Commission to Council. · Informed that on February 6th, Council authorized staff to proceed with this Text Amendment. · Said that other local cities in Santa Clara County have appeal filing fees that range from $50 to $1,167. · Staff recommends adoption of a resolution recommending a fee for filing appeals. Commissioner Lowe asked Mr. Haley what the recommended fee is based upon. Mr. Tim J. Haley answered that the Government Code requires that such fees be based upon cost recovery. Ms. Sharon Fierro added that the proposed fee is actually much lower than actual cost. It is set at an amount that is intended to help discourage frivolous appeals without discouraging appellants. Said that the proposed fee is $100. Commissioner Doorley suggested that the filing fee be reimbursed to the appellant if their appeal is upheld. Ms. Sharon Fierro advised that Council adopts the actual fee schedule but that staff will recommend that this appeal fee be refundable if the appeal is successful. REVISED REPORT (2/23/01) ITEM NO. 1 STAFF REPORT - PLANNING COMMISSION MEETING OF FEBRUARY 27, 2001 PLN 2001-05 Haun, G. Public Hearing to consider the application of Mr. Gene Haun for approval of a Conditional Use Permit (PLN2001-05) to allow the conversion of an existing attached accessory structure into a secondary living unit on property located at 1071 El Solyo Avenue in a R-l-6 (Single Family Residential) Zoning District. STAFF RECOMMENDATION That the Planning Commission take the following action: Adopt a Resolution, incorporating the attached findings, approving a Use Permit to allow the conversion of the portion of an existing structure into a secondary living unit, subject to the attached conditions of approval. ENVIRONMENTAL DETERMINATION This project is categorically exempt under Section 15303 (a) Class 3 (new construction of small structures) of CEQA; therefore, no environmental action is required. PROJECT DATA Gross Lot Area: Net Lot Area: .40 acres (17,520 square feet) .36 acres (15,695 square feet) Density: 5 units per gross acre Site Utilization: Building: Attached accessory bldg. Main residence Attached four car garage 1,428 sq. ft. 2,320 sq. ft. 851 sq. ft. 4,599 sq. ft. 29.3% Paving: Landscaping: 6,796 sq. ft. 43.3 % 4,300 sq. ft. 27.4. % Total Building Area: Existing main residence: First floor Second floor 3,171 square feet (including 851 sq. fi. garage) 2,398 square feet 5,569 square feet Staff Report - Planning Commission Meeting of February 27, 2001 PLN 2001-05 - 1071 E1 Solyo Avenue Page 2 Proposed Secondary Living Unit: First floor Second floor 1,428 square feet (including 350 sq. ft. garage) 1 ~200 square feet 2,628 square feet total Floor Area Ratio (FAR): 8,197 square feet .52 FAR Parking Provided: Parking Required: 8 spaces (5 covered, 3 uncovered) 4 spaces (2 covered, 2 uncovered) DISCUSSION Applicant's Proposal: The applicant is requesting approval of a Use Permit to allow the conversion of an existing two story attached accessory building into a secondary living unit at the rear of the project site. The subject property is located on the north side of E1 Solyo Avenue near its intersection with South Bascom Avenue. Background: In 1985 the applicant received approval to construct a two story residence on the front portion of this site and an attached two story accessory structure at the rear to be used for parking, storage and workshop. The two structures were attached by a trellis structure. A restriction of the City Council's approval of the rear structure was that its use was not to have any kitchen facilities and that it not contain separate living quarters. In 1997 the City received a complaint that the rear structure had been converted into 4 apartment units with out the benefit of permits. The property owner is currently subject to an enforcement action ************ seeking to ***** bring the use and buildings into compliance with local regulations. The project site area of 15,695 square feet permits the consideration of an application of a Conditional Use Permit for a secondary living unit. In that the lot area exceeds 15,000 square feet or 250 percent of the minimum lot size in the R-l-6 Zoning District the requested secondary unit size is not restricted to the 640 square foot limit typically required of secondary living units. The applicant is pursuing approval of the rear structure as a second dwelling unit on the property. ANALYSIS General Plan Designation: The General Plan land use designation for the project site is Low Density Residential allowing a density of less than 6 units per gross acre. The property will be developed at a density of 5 units per gross acre with one primary dwelling unit and a secondary unit and is consistent with the General Plan land use designation for the site. Staff Report - Planning Commission Meeting of February 27, 2001 PLN 2001-05 - 1071 E1 Solyo Avenue Page 3 Zoning Use Designation: The site is zoned R-l-6 (Single family residential, 6,000 square foot minimum lot size). Secondary living units are permitted in R-1 (Single-family residential) zoning districts on properties with a minimum net lot size of 12,000 square feet with approval of a Use Permit. When the lot size is two hundred and fifty percent of the minimum lot size or 15,000 square feet, the secondary unit is not restricted to the 640 square living area limitation. The subject property meets the minimum lot size requirement for a secondary living unit with a net lot size of 15,689 square feet, and meets all other development standards of the R-l-6 zoning district pertaining to setbacks, lot coverage, building area, height restrictions, and parking. Staff is recommending a condition of approval allowing periodic inspections of the rear unit to ensure compliance with this approval as a separate individual unit. Site Layout: The existing main residence sits on the front of the lot with an attached four car garage and the attached secondary unit is located along the rear of the property with an attached one car garage. Unit Design: The existing two story structure is a simple rectangular shape with a gable roof design and single story shed elements on the north and east elevations. Grooved plywood siding is used as a wall material and roofing is a wood shingle material. Landscaping: The site plan indicated that 27 percent of the project site is landscaped. No significant trees are proposed for removal. Staff is recommending a condition of approval that requires the provision of a minimum driveway width of 8 feet to access the garage of the secondary living unit. This will diminish landscaping that is shown on the site plan between the rear yard of the main residence and the secondary living unit. Site and Architectural Review Committee: The Site and Architectural Review Committee reviewed this project at its meeting on July 27, 1999. In that only one member was present, no recommendation was forwarded to the Commission. Attachments: 1. Findings for Approval 2. Conditions of Approval 3. Exhibits 4. Location Map Submitted by: Approved by: Tim Haley, Associate Planner Sharon Fierro, Community Development Director ATTACHMENT NO. 1 FINDINGS FOR APPROVAL FOR FILE NO. PLN 2001-05 SITE ADDRESS: 1071 El Solyo Avenue APPLICANT: Gene Haun P.C. MEETING: February 27, 2001 Findings for Approval of a Use Permit to allow a 2,628 square foot secondary living unit on property located in an R-l-6 (Single-family residential, 6,000 square foot minimum lot size) zoning district The Planning Commission finds as follows with regard to File No. PLN 2001-05: 1. The subject lot of 15,695 square feet exceeds the minimum net lot area of 12,000 square feet required for secondary living unit. 2. The proposed unit complies with all of the development standards for secondary living units in an R-l-6 zoning district. 3. The total gross floor area of the proposed unit is not limited to six hundred and forty square feet in that the lot area exceeds 15,000 square feet. 4. The additional Hying unit is designed so that the appearance of the building remains that of a single-family residence. 5. The project provides five covered and three uncovered parking spaces on-site. 6. The proposed project is compatible with the surrounding neighborhood. 7. The proposed project will contribute to the housing stock in the City of Campbell and serve the housing needs of the community. The existing secondary structure has a long history of being illegally converted and used as an illegal four-unit apartment. In the absence of a reasonable access for inspections, there is a tangible risk in light of the history of the structure that it could be used illegally again. The risk of future illegal use would be mitigated by a condition that facilitates inspections of the structure. Based on the foregoing findings of fact, the Planning Commission further finds and concludes that, as conditioned: 1. The proposed project is consistent with the General Plan and Zoning Ordinance. 2. The proposed project will aid in the harmonious development of the immediate area. FINDINGS FOR APPROVAL FOR FILE NO. PLN 2001-05 Page 2 The establishment, maintenance or operation of the use applied for will not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. The proposed residential use is compatible with uses in the area. The proposed site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features required in order to integrate said use with uses in the surrounding area~ The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such use would generate. ATTACHMENT NO. 2 CONDITIONS OF APPROVAL FOR FILE NO. PLN 2001-05 SITE ADDRESS: 1071 E! Solyo Avenue APPLICANT: Gene Haun P.C. MEETING: February 27, 2001 The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the ordinance of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. 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 1. Approved Project: Approval is granted for a Use Permit to allow the conversion of an existing attached accessory building into a secondary living unit of 2,628 square feet including a 350 square foot garage on property located at 1071 E1 Solyo Avenue. Project approval shall substantially comply with project plans dated as received by the Community Development Department on January 17, 2001, and prepared by R. Woessner, except as modified herein in the Conditions of Approval. Development Approval Expiration: The Use Permit approval (UP 99-03) for this project shall ****************** expire if not vested within a period of one year from the Planning Commission approval. All conditions of approval specified herein must be completed within one year from the date of approval or the Use Permit shall be void. Park Impact Fee: The applicant shall pay a Park Impact Fee of $10,990 for the new secondary living unit, prior to issuance of a certificate of building occupancy. o Inspection: The interior and exterior of the secondary-unit shall be made available for inspection by an agent of the City at anytime between 8:00 a.m. and 6:00 p.m.. upon providing the property owner and tenant with at least twenty-four hours advance notice by one or more of the following means: a. Telephone to the telephone number for the primary residence; b. Posting a reasonably conspicuous notice in a reasonably conspicuous place on the property; c. Mailing a notice by first class United States Mail to 1071 E1Soylo ~4venue at least four days in advance of the inspection; or d. Any other means reasonably calculated to provide notice to the residents. The property owner shall advise any tenant of any noticed inspection upon receipt of such notice. Conditions of Approval for PLN2001-05 1071 E1 Solyo Avenue Page 2 Failure to actually receive notice provided by this condition shah not be grounds for refusal to allow the inspection. The applicant additionally shall enter an agreement in a form and manner as determined by the City Attorney agreeing to the terms of this condition and waiving any right to object to the inspections. Among other terms, the agreement shall also provide that the owner shall be responsible for any costs incurred in enforcing the provisions of this use permit or any applicable law. Deed Restriction: The applicant shall record a deed restriction, satisfactory to the City Attorney, setting forth the following occupancy restrictions: a. ***** Not more than one (1) dwelling unit on the property shall be rented or leased; b. The inspection provisions of condition 3. The deed restriction shall be recorded with the Santa Clara County Recorders Office and a copy submitted to the Community Development Department, prior to issuance of building permits. Building Division: The approved project must comply with all applicable building codes as determined by the Campbell Building Official. Driveway Improvements: Prior to building occupancy the applicant shall provide a minimum 8' driveway surface as required by section 21.50. 030 of the Campbell Municipal Code to the rear garage. CENTRAL FIRE DISTRICT 7. Development Review: Review of this developmental proposal is limited to acceptability of site access and water supply as they pertain to fire department operations, and shall not be construed as a substitute for formal plan review to determine compliance with adopted model codes. Required Fire Flow: Required fire flow for this project is 1000 GPM at 20 psi residual pressure. The required fire flow is available from area water mains and fire hydrant(s) which are spaced at the required spacing. Premises Identification: Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background. Conditions of Approval for PLN2001-05 1071 E1 Solyo Avenue Page 3 PUBLIC WORKS DEPARTMENT 10. Utilities: All new on-site Utilities shall be installed underground per Section 20.36.150 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. 11. Utility Installation Plan: Prior to issuance of building permits for the site, the applicant shall submit a Utility Installation Coordination Plan and Schedule for approval by the City Engineer for installation of street improvements and/or abandonment of all utilities. Streets, which have been resurfaced within the previous 5 years, will require boring and jacking for all new utility installations. The applicant shall also prepare pavement restoration plans for approval by the City Engineer prior to any utility installation or abandonment. 12. Proof of Ownership: Prior to issuance of any grading, drainage or building permits for the site, the applicant shall provide a current preliminary title report, grant deed or other satisfactory proof of ownership. 13. Street Improvements Pursuant to a Minor Encroachment Permit: Prior to issuance of an encroachment permit for the construction of any public street improvements in the public right-of-way, the applicant shall cause plans to be prepared, post security and provide insurance as required by the City Engineer. The fee for a minor non-utility encroachment permit is $50.00. The plans shall include the following: · Reconstruction of ADA compliant rolled curb and sidewalk, as determined by the City Engineer. · Construction of conforms to existing public and private improvements as necessary. · Street tree with irrigation as determined by the City Engineer. 14. Utilities: All new on-site Utilities shall be installed underground per Section 20.36.150 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. 15. Utility Installation Plan: Prior to issuance of building permits for the site, the applicant shall submit a Utility Installation Coordination Plan and Schedule for approval by the City Engineer for installation of street improvements and/or abandonment of all utilities. Streets, which have been resurfaced within the previous five years, will require boring and jacking for all new utility installations. Applicant shall also prepare pavement restoration plans for approval by the City Engineer prior to any utility installation or abandonment. February 26, 2001 City of Campbell Campbell, CA Regarding: 1071 E1 Solyo Avenue, Campbell, CA Dear City of Campbell, This letter is to express my concern regarding the possibility of allowing a second 2-story outbuilding to be considered as a single-family home. This should not be done as, in my opinion, it was built illegally. Here are a few of my concerns regarding the storage building. Please refer to the attached Restrictions fi:om 1956 and 1957) 1. It violates the original declaration of restrictions fi:om October 3, 1956 Section 1. All of the lots, plots and parcels hereinbefore described are declared to be residential in character and no structure shall be erected on any building plot other than one detached single family dwelling, not to exceed two stories in height, with a private garage and other outbuilding incident to the residential use of the plot. 7 .... No tent, trailer, garage or other bug-building temporary or permanent, shall be used as a dwelling house. 11. All of the restrictions... Said restrictions, conditions, and covenants shall be binding on all parties... According to the modification of restrictions, fi:om 1957, lot number 14 may be used for a one-story, two family dwelling. The above shows this lot should not have anything on it but a single story two family dwelling. It shows nothing about the ability to build a large storage facility, a second home, or a two story second home. It states a single story two family dwelling. Also, a 51% vote is required by all homeowners to approve a modification to the restrictions. I am also concerned about the devaluation of the neighborhood by the two-story structure looking directly into other properties bedrooms. There is also the potential for a multi- family apartment complex and all the problems associated with an apartment complex. It appears the property has already been used as a multi-dwelling facility despite the gossip it was built as a storage facility. The pictures will show flue vents which infer it was for a dwelling. Please note that flue vents are to be at least 10 feet away from any operable window and we can see flues that appear to be closer than 10 feet. Since it has been used as a dwelling, was this done legally? Had the City previously allowed it to be used as a dwelling? IF this was done illegally, what action with the City take? It was my understanding, as I have learned, the building was built as a storage facility. If it was, it is unlikely the heaters, flues, plumbing, etc. was ever inspected. After all, these items are only for dwellings, not storage. I am concerned with possible violations of Campbell local ordinances, UMC, UBC, UPC, and the National Electric Code. We hope the City of Campbell does not right a previous wrong by making this apparently illegal structure legal. Sincerely, Greig M. Hoque, P.E~'~ 1098 Arroyo Seco Drive Campbell, CA 95008 Attachment #5 February 25, 2001 City of Campbell Planning Commission 70 North First Street Campbell, CA 95008 Subject: File No. PLN2001-05, 1071 El Solyo Avenue Distinguished Commission, I am writing to express my deepest concern and strong opposition to approving the use of the utility building located at the rear of the aforementioned property as a single family dwelling. When I purchased my home, located at 1084 Arroyo Seco Drive which shares the back property line with the subject property, I was given to believe that building was not approved for a residence and purchased my property with that as a consideration. After we moved into our new home it became obvious rather quickly that the city approval for use as a utility building was being violated and that the building in question was being occupied and used as two separate dwelling 1st and 2nd floor. As the building continued to be used for living quarters we have first hand experience with the associated problems and the wisdom of the city to originally disallow the use of this building for living purposes. Some of our experiences follow: No visual privacy: The second story windows look down into our backyard and kitchen window. We cannot raise our kitchen window blinds with any expectation of privacy. From the first story apartment entrance the tenants have a direct view down into my yard as the ground on which the building was built is raised making the fence inadequate to provide any privacy. (Please refer to enclosed pictures) Noise Problems: The second story tenants noise from Televisions, Stereo's and general conversation/arguments projected directly and constantly into our yard where my children play. On one occasion a man yelled at my children from the second story window to shut up using several expletives as they were apparently disrupting his football game on television. At the time my children were 6 and 8 years old and were simply playing on their swing set. Storage: The rear area between the building and the rear property line is used as storage. This area currently is a nesting area for rats. One tenant used it as a kennel for her small dog. Debris and Contamination: When the property owner had the roof of the building repaired in May of 1996, the roofers pressure washed the roof throwing debris into our yard and contaminating our children's pool which subsequently had do be drained and cleaned. Property value: If you allow this structure to become a residence it will have a significant negative impact on our property value. The cost to us would be substantial when we choose to sell our home. After moving into our home we found out it was highly questionable weather the building should have been allowed to be built so close to the rear property line in the first place, however clearly the commission used good judgement in disallowing the structure to be used as a residence. The examples given are only representative of the types of problems that we have lived with over the past seven years. The pictures are provided to visually illustrate the overshadowing nature of the structure and the significant loss of privacy that we live with when the structure is occupied as a living space. The fact that the owner clearly and blatantly disregarded the City's ruling has afforded us the experience, which suggests the commission used good judgment at the time by denying use as living space. Further it suggests there is no reason to believe that a conditional use permit would not as well be violated as a clear disregard for proper use of the building has been exhibited. We ask that you give consideration to our concerns for privacy and property value in making your determination. We respectfully submit that the permit to convert the building to a dwelling should be denied. Respectfully, Patrick J./Murphy ~ Resident: 1084 Arroyo Seco Drive Campbell, 95008 cc: David Ferrari Attorney at Law CITY OF CAMPBELL Community Development Department · Current Planning February 16, 2001 NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning Commission of the City of Campbell has set the time of 7:30 p.m., or shortly thereafter, on Tuesday, February 27, 2001, in the City Hall Council Chambers, 70 North First Street, Campbell, Califomia, for a Public Hearing to consider the application of Mr. Gene Haun for approval of a Conditional Use Permit (PLN2001-05) to allow conversion of an existing accessory building into a second single-family residence on property located at 1071 El Solyo Avenue in an R-l-6 (Single Family Residential) Zoning District. This project is Categorically Exempt. Interested persons may appear and be heard at this heating. Please ,be advised that if you challenge the nature of the above project in court, you may be limited to raising only those issues you or someone else raised at the Public Heating described in this Notice, or in written correspondence delivered to the City of Campbell Planning Commission at, or prior to, the Public Hearing. Questions may be addressed to the Community Development Department at (408) 866-2140 Decisions of the Planning Commission may be appealed to the City Council. Appeals must be submitted to the City Clerk in writing within 10 calendar days of an action by the Commission. In compliance with the Americans with Disabilities Act, listening assistive devices are available for all meetings held in the Council Chambers. If you require accommodation, please contact the Community Development Department at (408) 866-2140, at least one week in advance of the meeting. PLANNING COMMISSION CITY OF CAMPBELL PLEASE NOTE: When calling about this Notice, please refer to File No. PLN2001-05 Address: 1071 E1 Solyo Avenue SHARON FIERRO SECRETARY 70 North First Street · Campbell, California 95008.1423 . TEL 408.866.2140 . F^X 408.866.8381 . TDD 408.866.2790 4~.0~' C'4 ~,a CITY OF CAMPBELL Community Development Department · Current Planning February 6, 2001 Re: PLN2001-05 - 1071 El Solyo Avenue - Second Single-Family Residence Dear Applicant: Please be advised that the above-referenced application has been deemed complete and has been scheduled for the following meetings: Site and Architectural Review Committee Meeting Date: Tuesday, February 13, 2001 Time: 6:20 p.m. Location: Doetsch Conference Room, City Hall, 70 N. First Street, Campbell Planning Commission Meeting Date: Tuesday, February 27, 2001 Time: 7:30 p.m. Location: City Hall Council Chambers, 70 N. First Street, Campbell Should you have any questions or comments, please do not hesitate to contact me at (408) 866- 2140. Sincerely, Associate Planner CC: Gene A. Haun (Applicant/Property Owner) 1071 E1 Solyo Avenue Campbell, CA 95008 70 North First Street . Campbell, California 95008.1423 · TEL 408.866.2140 - F^X 408.866.8381 · TDD 408.866.2790 .o~' CITY oF CAMPBELL Community Development Department September 27, 1999 Mr. Gene Haun 1071 E1 Solyo Drive Campbell, CA 95008 Re: Secondary Unit Application Dear Mr. Haun, I've spoken to Steve Piasecki concerning the provision of parking for the additional living unit application. Steve agreed that we would recommend approval of a one-car garage in the secondary living unit, with the provision that an additional parking space be designated for this unit elsewhere on the site plan. If you have any questions, please do not hesitate to contact me at 866-2140. Thank you. Sincerely, Sharon Fierro Senior Planner Enclosures 70 North First Street . Campbell, California 95008.1423 . TEL 408.866.2130 . F^X 408.866.8381 ' TDD 408.866.2790 .0~' CAat~ CITY OF CAMPBELL Community Development Department · Current Planning Mr. Gene Haun 1071 E1 Solyo Drive Campbell, CA 95008 June 10, 1999. Dear Mr. Haun, This letter is a follow-up to the inspection of your property located at 1071 E1 Solyo Drive. The purpose of the inspection was to determine what modifications would be necessary to legalize the use of the building located at the rear of your property as one secondary living unit. During our inspection we compared the approved Building Permit plans with existing conditions and found that the floor plan of the rear building is significantly different fi:om the plans on file in the Building Department. For example, we found that two enclosed garage spaces and one carport have been converted to living space. We also found that the building had been divided into four apartment units, each with a full fixture bathroom, a kitchen and direct access fi:om the outside. In order to legalize the rear building as one secondary living unit, you will need to submit the following development application materials: · Seven (7) 24"x36" and seven (7) 8V2 "x 11" or 11' x 17" sets of plans* *The plans will include the site plan showing the location of all structures and trees on your property. Plans for the rear building will illustrate the existing and proposed floor plans for and existing and proposed elevations. Floorplans for your home, located at the fi:ont of the property need to be provided to illustrate that there are no secondary living units located in the dwelling. · Labeled photographs of the site and adjacent properties. A completed application form, with supporting documents · The development application fee · A letter addressed to the Planning Commission explaining the status of all of the rental units on your property 70 North First Street · Campbell, California 95008. 1423 . TEL 408.866.2140 - FaX 408.866.8381 · TDD 408.866.2790 1071 E1 Solyo Drive June 10, 1999 Page 2 Because of the past use of the site, staffwill recommend that the rear building utilize a traditional floorplan. A two-car garage will be recommended to the Planning Commission and floorplan arrangement will be recommended that is not easily converted to separate living space. Because only one additional living unit is allowed on a lot, staff will recommend a condition of approval that requires an inspection of your home to verify that there are no additional living units present. I've asked Barbara Ryan, Planner I to work with you on your development application. You should contact her by June 15, 1999 to discuss your project and a completed development application should be submitted no later than July 15, 1999. Barbara may be reached by calling (408) 866-2140. Once you submit the application and fees, the project will be evaluated by staff for compliance with local and state laws and scheduled before the Planning Commission and considered at a Public Hearing. Please contact me if you have any questions or ifI can be of further assistance. Sincerely, Sharon Fierro Senior Planner CCi Steve Piasecki, Community Development Director William Seligrnann, City Attorney Barbara Ryan, Planner I Bill Bruckart, Building Official Patricia Petmzzelli, Code Enforcement Officer