Minor Mod to Side Setback - 2002July 11, 2002
David R. Walker
1134 Lenor Way
San Jose, CA 95128
Re: PLN2002-46 - 1134 Lenor Way -Minor Modification to Sideyard Setback
Dear Applicant:
Please be advised that at its meeting of July 9, 2002, the Planning Commission adopted
Resolution No. 3445 approving a Minor Modification to a Sideyard Setback (PLN2002-46) to
allow a second story addition to an existing two-story single-family residence on the above
referenced property.
This action is effective in ten calendar days, unless appealed in writing to the City Clerk by 5
p.m. on Friday, July 19, 2002. 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, please do not hesitate to contact me at (408) 866-2140.
Sincerely,
Stephanie Willsey
Planner I
cc: Frank Mills, Building
Chris Veargason, Fire
Harold Housley, Public Works
70 North First Street Campbell, California 9 5008-1 4 3 6 rF~ 408.866.2140 ~ Fax 408.866.8381 ~ ~~ 408.866.2790
RESOLUTION N0.3445
BEING A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CAMPBELL APPROVING A MINOR
MODIFICATION TO A SIDEYARD SETBACK (PLN2002-46)
TO ALLOW A SECOND STORY ADDITION TO AN EXISTING
TWO-STORY SINGLE-FAMILY RESIDENCE ON PROPERTY
OWNED BY MR. DAVID R. WALKER LOCATED AT 1134
LENOR WAY IN AN R-1-6 (SINGLE FAMII.Y RESIDENTIAL)
ZONING DISTRICT. APPLICATION OF MR. DAVID R.
WALKER. FILE NO. PLN2002-46.
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 PLN2002-46:
1. The proposed project is consistent with the R-1 (Single-Family Residential, 6,000 square
foot minimum lot size) Zoning District and development standards, with approval of a
modification to the side yard setback requirement along the southern property line.
2. The development of the project will not increase the existing density of the project site
and has a density of 5.6 units per gross acre, which is consistent with the General Plan
density of less than 6 dwelling units per gross acre.
3. The proposed eight-foot side yard setback along the southern property line will suffice as
a minimum side yard setback requirement for the proposed second story addition.
4. The second story, in the area pertinent to the modification, does not align with any
second story window on the adjacent property.
5. The proposed project is well designed and is architecturally compatible with the
surrounding neighborhood.
6. The proposed project is surrounded on all four sides by single-family residential uses.
7. The project qualifies as a Categorically Exempt project per Section 15301, Class 1
(additions to existing structures) of the California Environmental Quality Act (CEQA).
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The proposed project is consistent with the City's General Plan and Zoning Ordinance.
2. The reduced side yard along the southern property line will not be detrimental to the health,
safety, peace, comfort or general welfare of persons in the neighborhood or the City as a
whole.
Planning Commission Resc on No. 3445
PLN2002-46 -Minor Modification to Sideyard Setback - 1134 Lenor Way
Page 2
3. The reduced side yard along the southern property line will not unreasonably interfere with
the ability of the adjoining property owners to enjoy access to sunlight, air, privacy or quiet
enjoyment of such owner's property.
4. No substantial evidence has been presented from which a reasonable argument could be
made that shows that the project, as currently presented and subject to the required
Conditions of Approval, will have a significant adverse impact on the environment.
5. There is a reasonable relationship and a rough proportionality between the Conditions of
Approval and the impacts of the project.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission grants a Minor
Modification to a Sideyard Setback (PLN2002-46) to allow a second story addition to an existing
two-story residence on property owned by Mr. David R. Walker at 1134 Lenor Way, subject to
the following conditions:
Where approval by the Director of Community Development, City Engineer, Public Works
Director, City Attorney or Fire Department is required, that review shall be for compliance with
all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and
regulations and accepted engineering practices for the item under review. Additionally, the
applicant is hereby notified that he/she is required to comply with all applicable Codes or
Ordinances of the City of Campbell and the State of California that pertain to this development
and are not herein specified.
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
1. Project Ayuroval: Approval is granted for a Minor Modification to a Side Yard Setback
(PLN2002-46) to allow a second story addition to an existing two-story single-family
residence on property located at 1134 Lenor Way. The project shall substantially conform to
the project exhibits listed below; except as may be modified by the Conditions of Approval
contained herein:
a. Project plans prepared by Sorin Comanescu and received by the Planning Division on
June 12, 2002, including a site plan, floor plans, and elevations.
2. Approval Ex~ration: The Minor Modification to a Side Yard Setback approval shall be valid
for a period of one year from the date of final approval. Within this one-year period, a
building permit must be obtained and construction completed one year thereafter or the
approval shall be void.
3. Property Maintenance: The property is to be maintained free of any combustible trash, debris
and weeds until the time that actual construction commences. Any vacant existing structures
Planning Commission Resc 'on No. 3445
PLN2002-46 -Minor Moditication to Sideyard Setback - 1134 Lenor Way
Page 3
shall be secured, by having windows boarded up and doors sealed shut, or be demolished or
removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code.)
4. Contractor Contact Information Posting: The project site shall be posted with the name and
contact number of the lead contractor in a location visible from the public street prior to the
issuance of building permits.
5. Construction Hours: Construction activities will be limited to the hours of 8:00 am to 5:00
p.m. weekdays and 9:00 a.m. to 4:00 p.m. Saturdays. Construction is prohibited on Sundays
and Holidays unless an exception is granted by the Building Official.
6. Parking and Driveways: All parking and driveway areas shall be maintained in compliance
with the standards in Chapter 21.50 of the Campbell Municipal Code.
7. Fences: Any existing or proposed fencing shall comply with Section 21.59.090 of the
Campbell Municipal Code.
Building Division
Permits Required: A building permit application shall be required for each proposed new structure.
The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the
permit.
9. Plan Preparation: This addition may require plans prepared under the direction and oversight
of a California licensed Engineer or Architect. Plans submitted for building permits shall be
"wet stamped" and signed by the qualifying professional person.
10. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of
construction plans submitted for building permit.
11. Size of Plans: The minimum size of construction plans submitted for building permits shall
be 24 inches by 36 inches.
12`Site Plan: Application for building permit shall include a competent site plan that identifies property
and proposed structures with dimensions and elevations as appropriate. Site plan shall also include
site drainage details.
13. Title 24 Energy Compliance: California Title 24 Energy Compliance forms CF-1R and MF-1R shall
be blue-lined on the construction plans. 8'/z X 11 calculations shall be submitted as well.
14. Special Inspections: When a special inspection is required by U.B.C. Section 1701, the
architect or engineer of record shall prepare an inspection program that shall be submitted to
the Building Official for approval prior to issuance of the building permits, in accordance
Planning Commission Resc 'on No. 3445
PLN2002-46 -Minor Moditrcation to Sideyard Setback - 1134 Lenor JVay
Page 4
with U.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from
the Building Inspection Division Counter.
15. Pollution Prevention: The City of Campbell, standard Santa Clara Valley Non-Point Source
Pollution Control Program specification sheet shall be part of plan submittal. The
specification sheet (size 24" X 36") is available at the Building Division service counter.
16. Approvals Required: The project requires the following agency approval prior to issuance of
the building permit:
a. West Valley Sanitation District (378-2407)
b. Santa Clara County Fire Department (378-4010)
c. School District:
i. Campbell Union School District (378-3405)
ii. Campbell Union High School District (371-0960)
iii. Moreland School District (379-1370)
iv. Cambrian School District (377-2103)
Note: To Determine your district, contact the offices identified above. Obtain the
School District payment form from the City Building Division, after the Division has
approved the building permit application.
PASSED AND ADOPTED this 9th day of July, 2002, by the following roll call vote:
AYES: Commissioners: Alderete, Doorley, Francois, Gibbons, Hernandez and
Jones
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
APPROVED:
Tom Francois, Chair
ATTEST:
Sharon Fierro, Secretary
ITEM N0.4
CAMPBELL
~\
STAFF REPORT -PLANNING COMMISSION MEETING OF
JULY 9, 2002
PLN2002-46 Public Hearing to consider the application of Mr. David R. Walker for a
Walker, D. Minor Modification to a Side Yard Setback (PLN2002-46) to allow a second
story addition to an existing two-story single-family residence on property
owned by Mr. David R. Walker at 1134 Lenor Way in a R-1-6 (Single-
Family Residential) Zoning District.
STAFF RECOMMENDATION
That the Planning Commission take the following action:
Adopt a Resolution, incorporating the attached findings, approving a Minor Modification to a
Side Yard Setback (PLN2002-46) to allow a second story addition to an existing two-story
single-family residence, subject to the attached Conditions of Approval, and find that this project
is Categorically Exempt under Section 15301, Class 1 of the California Environmental Quality
Act (CEQA) pertaining to an addition to an existing structure.
PROJECT DATA
Cate~ory Proposed
Gross Lot Area: 7,936 square feet (.18 acres)
Net Lot Area: 6,200 square feet (.14 acres)
Density: 5.6 units per gross acre
Floor Area Ratio: 44% (2,738 square feet)
Building Coverage: 27% (1,647.5 square feet)
Building Square Footage:
First Floor: 1,574 square feet
Second Floor: 1,164 square feet
Covered Porch: 73.5 square feet
Parking Provided: 4 spaces (2 covered, 2 uncovered)
Building Height: 21 feet
Setbacks:
Front Yard: 25 feet
Rear Yard: 9 feet 6 inches
Side Yard (North)
ls`/2°a Floor 5 feet 6 inches/19 feet 6 inches
Side Yard (South)
ls`/2°a Floor 8 feet/8 feet
Allowed/Reguired
N/A
6,000 square feet minimum
Less than 6 units per gross acre
N/A
40°Io maximum (2,480 square feet)
N/A
N/A
N/A
2 spaces (1 covered, 1 uncovered)
35 feet maximum
15 feet minimum
5 feet minimum
5 feet/9 feet 2 inches
5 feet/9 feet 2 inches
Staff Report -Planning Con..~~ission Meeting of July 9, 2002
PLN2002-46 - 1134 Lenor Way
Page 2
Surrounding Uses:
North: Single-Family Residential
South: Single-Family Residential
East: Single-Family Residential
West: Single-Family Residential
DISCUSSION
Applicant's Proposal: The applicant is requesting approval of a minor modification to the
southern side yard setback requirement to allow asecond-story addition to an existing two-story
single-family residence built in 1962. The modification would allow for an 8-foot southern side
yard setback rather than the required nine-foot, two-inch side yard setback.
Back rg ound: The subject property is currently developed with a 2,383 square-foot, two-story
single-family residence and is located on the east side of Lenor Way between Westfield Avenue
and Payne Avenue.
ANALYSIS
General Plan Desi nation: The General Plan land use designation for the project site is Low
Density Residential (less than 6 units per gross acre.) The density of the project site is 5.6 units
per gross acre, which is consistent with the General Plan land use designation.
The proposed project complies with the following General Plan Land Use Element Strategies:
Strategy LUT-5.2a: Neighborhood CompatibilitX: Promote new residential
development and substantial additions that are designed to maintain and support
the existing character and development pattern of the surrounding neighborhood,
especially in historic neighborhoods and neighborhoods with consistent design
characteristics.
Strategy LUT-9.3e: Building Materials: Encourage the use of long-lasting, high
quality building materials on all buildings to ensure the long-term quality of the
built environment.
Zoning Desi nation: The zoning designation for the project site is R-1-6 (Single-Family
Residential, 6,000 square foot minimum lot size.) The proposed addition to the single-family
residence is consistent with the development standards for the R-1 6 Zoning District, with
approval of a modification to the side yard setback requirement along the southern property line.
Use: The proposed project is surrounded by single-family residences on all sides. The proposed
project is compatible with the surrounding neighborhood in that the addition will not change the
use or character of the structure as asingle-family residence. In addition, there are other similar
two-story residences within the neighborhood, including the homes on either side of the subject
property.
Design/Setbacks: The applicant is proposing to construct a new room above the existing garage
and would be setback two-feet six-inches from the front wall of the garage. The addition would
Staff Report -Planning Con..~iission Meeting of July 9, 2002
PLN2002-46 - 1134 Lenor Way
Page 3
utilize a hipped roof form, which is compatible with the existing mixture of hipped and gabled
roof forms of the existing residence. The addition would match the existing building materials of
the house including horizontal siding, window trim and a composition shingle roof.
The proposed addition meets the setback requirements for the northern side yard, front yard and
rear yard areas; however, the southern side yard setback does not meet the setback requirement.
The side yard setback requirement is the greater of five feet or one-half the height of the building
wall adjacent to the property line. The proposed wall height of the second story addition is 18
feet 3 inches, which requires anine-foot two-inch side yard setback.
Section 21.08.070 of the Campbell Municipal Code allows the Planning Commission to permit
lesser setbacks for a second story addition when it finds:
That said side yard will not be detrimental to the health, safety, peace, comfort or
general welfare of persons in the neighborhood, or the City as a whole; and
2. That said side yards will not unreasonably interfere with the ability of adjoining
property owners to enjoy access to sunlight, air, privacy and quiet enjoyment of
such owner's property.
Staff has determined that the proposed eight-foot setback for the addition to the second floor is in
keeping with the above-referenced findings. The proposed addition would extend an existing
building wall line on the second floor, which has an existing setback of eight feet.
The proposed room has a window that faces the residence to the south at 1122 Lenor Way but
does not pose a privacy impact because the adjacent home does not have any windows along that
elevation. Additionally, the adjacent property owner to the south has submitted a letter stating
that they have reviewed the plans and have no objections to the proposed lesser setback
(Attachment #4.)
Site and Architectural Review Committee: The Site and Architectural Review Committee
reviewed this application at its meeting of June 25, 2002. The Committee was supportive of the
application as proposed and had no additional comments or Conditions of Approval.
Attachments:
1. Findings for Approval for PLN2002-46
2. Conditions of Approval for PLN2002-46
3. Letter from the Applicant
4. Letter from the Adjacent Property Owner
5. Exhibits
6. Location Map
Staff Report -Planning Con..~iission Meeting of July 9, 2002
PLN2002-46 - 1134 Lenor Way
Page 4
Prepared
by:
Stephanie Wilkey, Planner~I~
Approved by:
Attachment #1
RECOMMENDED FINDINGS FOR APPROVAL OF FILE NO. PLN2002-46
SITE ADDRESS: 1134 Lenor Way
APPLICANT: Mr. David R. Walker
P.C. MEETING: July 9, 2002
Findin ss~Approval of a Minor Modification to a Side Yard Setback to allow a second
story addition to an existing two-story single-family residence at 1134 Lenor Wad
The Planning Commission finds as follows with regard to File No. PLN2002-46:
1. The proposed project is consistent with the R-1 (Single-Family Residential, 6,000 square
foot minimum lot size) Zoning District and development standards, with approval of a
modification to the side yard setback requirement along the southern property line.
2. The development of the project will not increase the existing density of the project site and
has a density of 5.6 units per gross acre, which is consistent with the General Plan density
of less than 6 dwelling units per gross acre.
3. The proposed eight-foot side yard setback along the southern property line will suffice as a
minimum side yard setback requirement for the proposed second story addition.
4. The second story, in the area pertinent to the modification, does not align with any second
story window on the adjacent property.
5. The proposed project is well designed and is architecturally compatible with the
surrounding neighborhood.
6. The proposed project is surrounded on all four sides by single-family residential uses.
7. The project qualifies as a Categorically Exempt project per Section 15301, Class 1
(additions to existing structures) of the California Environmental Quality Act (CEQA).
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The proposed project is consistent with the City's General Plan and Zoning Ordinance.
2. The reduced side yard along the southern property line will not be detrimental to the
health, safety, peace, comfort or general welfare of persons in the neighborhood or the City
as a whole.
3. The reduced side yard along the southern property line will not unreasonably interfere with
the ability of the adjoining property owners to enjoy access to sunlight, air, privacy or quiet
enjoyment of such owner's property.
4. No substantial evidence has been presented from which a reasonable argument could be
made that shows that the project, as currently presented and subject to the required
Conditions of Approval, will have a significant adverse impact on the environment.
Attachment #1
Page 2 of 2
There is a reasonable relationship and a rough proportionality between the Conditions of
Approval and the impacts of the project.
Attachment #2
RECOMMENDED CONDITIONS OF APPROVAL FOR FILE NO. PLN2002-46
SITE ADDRESS: 1134 Lenor Way
APPLICANT: Mr. David R. Walker
P.C. MEETING: July 9, 2002
The applicant is hereby notified, as part of this application, that he/she is required to meet the
following conditions in accordance with the ordinances of the City of Campbell and the State of
California. Where approval by the Community Development Director, City Engineer, Public
Works Director, City Attorney, or Fire Department is required, that review shall be for
compliance with all applicable Conditions of Approval, adopted policies and guidelines,
ordinances, laws and regulations, and accepted engineering practices for the item under review.
Additionally, the applicant is hereby notified that he/she is required to comply with all applicable
Codes or Ordinances of the City of Campbell and the State of California that pertain to this
development and are not herein specified:
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
1. Project Approval: Approval is granted for a Minor Modification to a Side Yard Setback
(PLN2002-46) to allow a second story addition to an existing two-story single-family
residence on property located at 1134 Lenor Way. The project shall substantially conform to
the project exhibits listed below; except as may be modified by the Conditions of Approval
contained herein:
a. Project plans prepared by Sorin Comanescu and received by the Planning Division on
June 12, 2002, including a site plan, floor plans, and elevations.
2. Approval Expiration: The Minor Modification to a Side Yard Setback approval shall be valid
for a period of one year from the date of final approval. Within this one-year period, a
building permit must be obtained and construction completed one year thereafter or the
approval shall be void.
3. Property Maintenance: The property is to be maintained free of any combustible trash, debris
and weeds until the time that actual construction commences. Any vacant existing structures
shall be secured, by having windows boarded up and doors sealed shut, or be demolished or
removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code.)
4. Contractor Contact Information Posting: The project site shall be posted with the name and
contact number of the lead contractor in a location visible from the public street prior to the
issuance of building permits.
5. Construction Hours: Construction activities will be limited to the hours of 8:00 am to 5:00
p.m. weekdays and 9:00 a.m. to 4:00 p.m. Saturdays. Construction is prohibited on Sundays
and Holidays unless an exception is granted by the Building Official.
6. Parking and Driveway: All parking and driveway areas shall be maintained in compliance
with the standards in Chapter 21.50 of the Campbell Municipal Code.
Attachment #2
Page 2 of 3
7. Fences: Any existing or proposed fencing shall comply with Section 21.59.090 of the
Campbell Municipal Code.
Building Division
8. Permits Required: A building permit application shall be required for each proposed new
structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such
work is part of the permit.
9. Plan Preparation: This addition may require plans prepared under the direction and oversight
of a California licensed Engineer or Architect. Plans submitted for building permits shall be
"wet stamped" and signed by the qualifying professional person.
10. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of
construction plans submitted for building permit.
11. Size of Plans: The minimum size of construction plans submitted for building permits shall
be 24 inches by 36 inches.
12. Site Plan: Application for building permit shall include a competent site plan that identifies
property and proposed structures with dimensions and elevations as appropriate. Site plan
shall also include site drainage details.
13. Title 24 Energy Compliance: California Title 24 Energy Compliance forms CF-1R and MF-
1R shall be blue-lined on the construction plans. 8'/2 X 11 calculations shall be submitted as
well.
14. Special Inspections: When a special inspection is required by U.B.C. Section 1701, the
architect or engineer of record shall prepare an inspection program that shall be submitted to
the Building Official for approval prior to issuance of the building permits, in accordance
with U.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from
the Building Inspection Division Counter.
15. Pollution Prevention: The City of Campbell, standard Santa Clara Valley Non-Point Source
Pollution Control Program specification sheet shall be part of plan submittal. The
specification sheet (size 24" X 36") is available at the Building Division service counter.
16. Approvals Required: The project requires the following agency approval prior to issuance of
the building permit:
a. West Valley Sanitation District (378-2407)
b. Santa Clara County Fire Department (378-4010)
c. School District:
i. Campbell Union School District (378-3405)
ii. Campbell Union High School District (371-0960)
iii. Moreland School District (379-1370)
iv. Cambrian School District (377-2103)
Attachment #2
Page 3 of 3
Note: To Determine your district, contact the offices identified above. Obtain the
School District payment form from the City Building Division, after the Division has
approved the building permit application.
FROM ARTISAN PRINTING FAX N0. 4082430527 AttaC1•trilerit #' 3
Ciry of Campbell. lone 2l, 2O02
70 North First Street
Campbell, CA 95008
Via Facsimile: 408-871-5140
.Attn: Stephanie Wilkey . P[anncr 1
Re_ PLN 2002-46-1134 Lenor Way /Minor Modification to Sideyard Setback
Dear Stephanie,
I have submitted plans to the City of Campbell for a second story addition to my residence located at 1•.134
Lenor Way.
The addition is only 355 square feet e,nd wit] be located over the existing single story garage. It will tie
into the existing tad story residence and will match existing height elevations and widths.
Although this addition will match the height and widths that Gave existed since the house was built in
1962, the Code presently requires that the sideyard setback be 8 feet or % the height of the new addition;
whichever is greater. Given this calculation, I would a need a setback of 9 feet 1.5 inches and the setback
now existing is 8 fat 2 inches.
I am requesting that the Planning Commission approve my request for a Minor Modification to Sideyard
Setback.
My neighbors on the side of mw improvements arc supportive of this request and have provided you a
letter of their support Other neighbors within the immediate area of improvement are also supportive and ,
have offered their letters and have scheduled to attend the Planning Committee meeting scheduled for
July 9, 2002 at 7:30P1~l.
If you need any additional information for the Planning Commission, please Ict me know. Thanks again
for your assistance in this matter.
JUN-26-200 1~~ ~4 r 1 K51 tiHNK 2S I KU51 tieio ».~ uJ-~~ "'
Attachment # 4
William J. & Peggy L. Crowder
1122 Lsnpr Way,
San Jose, Callfpmlg 85128
4082dd.1122
6/25/02
Dear David & Linda Walker;
t am responding to your inquiry regarding possible concerns related to your room
addition above the garage. We are aware of the current Campbell side setback
requirement, which is now more stringent than when the homes in this development were
first built.
We have no strong concerns about the intended room addition or your current building
project. Our initial concern was that the front projection of the room over the garage
might block a portion of our view. After reviewing your plans it appears that any view
obstruction would be minimal and acceptable.
The Campbell concern over side setback meeting Curren[ Code is not a concern for us.
Our current building setback has always been adequate. Assuming the fence is properly
aligned on our property line, my side wall to fence setback is approximately 7' 7" and
yours is approximately $' 3" (per your estimate). Not a lot of homes in Campbell have
more than a 15-foot separation. Your setback being less than 9' does not appear a
problem for us.
t Regards
tlliam (Bill) Crowder
TOTAL P.01