Appeal of Admin Decision -2006June 15, 2006
Murray & Jill Gusman Han-Wei Shen
1235 Paula Drive 1245 Paula Drive
Campbell, CA 95008 Campbell, CA 95008
Re: PLN2006-57 - 240 Michelle Drive -Denial of Appeal
Dear Appellants:
Please be advised that at its meeting of June 13, 2006, the Planning Commission
adopted Resolution No. 3727 denying your appeal and upholding the Community
Development Director's administrative decision approving a second story addition to an
existing single-family home on the above-referenced property. This action by the
Commission is final.
If you have any questions, please do not hesitate to contact me at (408) 866-2140.
Sincerely,
~~~~ ~~ ~~
Stephanie Willsey, AICP
Planner II
cc: Mirsad Jusafagic (Property Owner/Applicant)
240 Michelle Drive
Campbell, CA 95008
70 North First Street ~ Campbell, California 9 5008-1 4 3 6 ~ 'rFii_ 408.866.214E ~ Fnx 408.866.8381 ~ ~nn~ 408.86f>.2790
RESOLUTION NO. 3727
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL DENYING AN APPEAL AND UPHOLDING THE
COMMUNITY DEVELOPMENT DIRECTOR'S ADMINISTRATIVE
DECISION APPROVING A SECOND STORY ADDITION TO AN
EXISTING SINGLE-FAMILY HOME ON PROPERTY OWNED BY
MIRSAD JUSAFAGIC LOCATED AT 240 MICHELLE DRIVE IN AN
R-1-6 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT. FILE
NO. PLN2006-57.
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 PLN2006-57:
1. The proposed residential addition would be consistent with the current General Plan
land use designation of Low Density Residential (less than 6 units per gross acre).
2. The proposed project is consistent with the R-1-6 (Single-Family Residential) zoning
district and meets the minimum setbacks, height restriction, building coverage, floor
area ratio, and parking requirements of the R-1-6 Zoning District.
3. The property is currently developed with asingle-story, single-family residence and
attached garage that was constructed in approximately 1960.
4. The subject property is located on the east side of Michelle Drive, between West
Latimer Avenue and Paula Drive, and is surrounded on all sides by single-family
residences.
5. Construction of the proposed project would result in a 4,152 square foot, two-story
single-family residence with a building coverage of 34% and Floor Area Ratio of
0.448.
6. The proposed height of the home is 24 feet where the maximum height limit is 35
feet.
7. The proposed project provides three covered and three uncovered parking spaces
where a minimum of one covered and one uncovered parking space are required.
8. The project qualifies as a Categorically Exempt project per Section 15301, Class 1,
(e) of the California Environmental Quality Act (CEQA).
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
Planning Commission Resolution No. 3727
PLN2006-57 -- 240 Michelle Drive
Denying an Appeal and Upholding the Administrative Decision
Allowing a Second Story Addition to an Existing Single-Family Residence
Page 2
1. The proposed project is consistent with the City of Campbell General Plan and
Zoning Ordinance.
2. The proposed project, as conditioned, will aid in the harmonious development of the
immediate area.
3. The proposed development will not be detrimental to the health, safety or welfare of
the neighborhood or the City as a whole.
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.
6. There is a reasonable relationship between the use of the fees imposed upon the
project and the type of development project.
THEREFORE, BE IT RESOLVED that the Planning Commission denies an appeal and
upholds the Community Development Director's administrative decision approving a
second story addition to an existing single-family home on property owned by Mirsad
Jusafagic located at 240 Michelle Drive in an R-1-6 (Single Family Residential) Zoning
District, 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. Approved Project: Approval is granted for the Community Development Director's
Administrative Decision approving a second story addition to an existing single-
family home on property located at 240 Michelle Drive. The building design and site
design shall substantially conform to the project exhibits stamped as received by the
Planning Commission Resolution No. 3727
PLN2006-57 -- 240 Michelle Drive
Denying an Appeal and Upholding the Administrative Decision
Allowing a Second Story Addition to an Existing Single-Family Residence
Page 3
Planning Division on May 16, 2006, except as may be modified by the conditions of
approval herein.
2. Fences: Any existing or new fencing shall comply with Section 21.18.060 (Fences,
Walls, Lattice, and Screens) of the Campbell Municipal Cade.
3. Property Maintenance: The property is to be maintained free of any combustible
trash, debris and weeds until the time that actual construction commences. All
existing structures shall be secured by having windows boarded up and doors
sealed shut, or demolished or removed from the property (Section 11.201 and
11.414, 1985 Ed. Uniform Fire Code).
4. Parking and Driveways: All parking and driveway areas shall be developed in
compliance with the approved plans and Chapter 21.28 (Parking and Loading) of the
Campbell Municipal Code.
5. Trees: No protected trees are approved to be removed as part of this project. Any
trees proposed for removal as part of future site improvements are subject to the
provisions of Chapter 21.32 (Tree Protection Regulations) of the Campbell Municipal
Code.
6. On-Site Lighting: On-site lighting shall be shielded away from adjacent properties
and directed on site in compliance with Section 21.18.090 (Lighting Design
Standards) of the Campbell Municipal Code. Lighting fixtures shall be of a
decorative design to be compatible with the residential development and shall
incorporate energy saving features.
7. Construction Hours: Construction activities shall be limited to the hours of 8:00 a.m.
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.
8. Roof Vents: The applicant shall coordinate mechanical and equipment improvement
plans to minimize the number of roof vents that are visible from the street frontage.
The applicant shall submit mechanical plans demonstrating the clustering of
mechanical venting and the routing of ventilation systems within the building when
possible to the satisfaction of the Community Development Director, prior to the
issuance of building permits.
9. Contractor Contact Information Posting: Prior to the issuance of building permits,
the project site shall be posted with the name and contact number of the lead
contractor in a location visible from the public street.
Planning Commission Resolution No. 3727
PLN2006-57 -- 240 Michelle Drive
Denying an Appeal and Upholding the Administrative Decision
Allowing a Second Story Addition to an Existing Single-Family Residence
Page 4
Building Division:
10. Permits Required: A building permit application shall be required for the proposed
remodeling and addition to the existing structure. The building permit shall include
Electrical/Plumbing/Mechanical fees when such work is part of the permit.
11. Plan Preparation: Portions of this project 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.
12. Construction Plans: The conditions of approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
13. Size of Plans: The size of construction plans submitted for building permits shall be
24 inches by 36 inches.
14. 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.
15. Title 24 Energy Compliance: California Title 24 Energy Compliance forms CF-1 R
and MF-1 R shall be blue-lined on the construction plans. 8'/2 by 11 calculations
shall be submitted as well.
16. 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.
17. Non-Point Source Pollution Control: The City of Campbell, standard Santa Clara
Valley Non-point Source Pollution Control Program specification sheet shall be part
of the plan submittal. The specification sheet (size 24" by 36") is available at the
Building Division service counter.
18. Approvals Required: The project requires the following agency approvals prior to
issuance of the building permit:
a. West Valley Sanitation District (378-2407)
b. Santa Clara County Fire Department (378-4010)
c. Bay Area Air Quality Management District (Demolitions Only)
d. School District:*
Planning Commission Resolution No. 3727
PLN2006-57 -- 240 Michelle Drive
Denying an Appeal and Upholding the Administrative Decision
Allowing a Second Story Addition to an Existing Single-Family Residence
Page 5
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)
*To determine your district, contact the offices identified above. Obtain the School
District payment form from the City's Building Division, after the Division has
approved the building permit application.
19. P.G.&E.: Applicant is advised to contact Pacific Gas and Electric Company as early
as possible in the approval process. Service installations, changes and/or
relocations may require substantial scheduling time and can cause significant delays
in the approval process. Applicant should also consult with PG8~E concerning utility
easements, distribution pole locations, and required conductor clearances.
20. Intent To Occugy During Construction: Owners shall declare in writing their intent to
occupy the dwelling during construction. The Building Inspection Division may
require the premises to be vacated during portions of construction because of
substandard and unsafe living conditions created by construction.
21. Construction Fencing: This project shall be properly enclosed with construction
fencing to prevent unauthorized access to the site during construction. The
construction site shall be secured to prevent vandalism and/or theft during hours
when no work is being done.
AYES: Commissioners: Alderete, Doorley, Ebner, Francois, Gibbons, Rocha
and Roseberry
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
APPROVED:
Bob Alderete, Chair
~ ~....
ATTEST: _ ,~~ Jf .~~~ ,`-~ ~~,,,,~,..._
Sharon Fierro, Secretary