Site and Arch - New SFR - 2004March 24, 2005 CITY of CAMPBELL
City Clerk's Office
Jacob Saidian
Advanced Development
2933 Benjamin Court
San Jose, CA 95124
Dear Mr. Saidian:
At its regular meeting of March 21, 2005, the Campbell City Council considered your Appeal
of certain Conditions of Approval regarding the Planning Commission approval of your
application for a Site and Architectural Review Permit (PLN2004-181) to allow the
construction of a new single-family residence on property located at 1642 Walters Avenue in
an R-1-9 (Single Family Residential) Zoning District.
After due consideration and discussion, the City Council adopted Resolution 10473 denying an
appeal and upholding the Planning Commission approval and Conditions of Approval
(PLN2004-181) approving a Site and Architectural Review Permit to allow the construction of
anew residence. A certified copy of Resolution 10473 is enclosed for your record.
Please be aware that the time within judicial review of this action must be sought is governed
by Section 1094.6 of the California Code of Civil Procedure, unless another statute (such as
California Government Code Section 65009 or some other applicable provision by law) sets
forth a more specific time period.
Should you have any questions regarding the City Council's action, please do not hesitate to
contact this office at 866-2117 or the Community Development Department at 866-2140.
Sincerely,
~~
~.
Anne Bybee
City Clerk
cc: Community Development Department
Michelle Quinney, City Engineer
7o North First Street ~ Campbell, California 95008.1423 Tee 408.866.2117 ~ Fnx 408.374.6889 r~D 408.866.2790
RESOLUTION NO. lo4~a
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL DENYING AN APPEAL AND UPHOLDING THE PUBLIC
WORKS CONDITION OF APPROVAL NO. 28 ADOPTED BY
PLANNING COMMISSION RESOLUTION N0. 3628 FOR A SITE AND
ARCHITECTURAL REVIEW PERMIT (PLN2004-182) TO ALLOW THE
CONSTRUCTION OF A NEW SINGLE-FAMILY RESIDENCE AND
P.ETENTIOI`rT OF A1NT EXISTING SECOIvIDARY L WING U1vrIT OI~I
PROPERTY OWNED BY MR. JACOB SAIDIAN LOCATED AT 1360
HARRIET AVENUE IN AN R-1-9 (SINGLE FAMILY RESIDENTIAL)
ZONING DISTRICT. APPEAL OF MR. JACOB SAIDIAN. FILE NO.
PLN2004-182.
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 City Council did find as follows with
respect to application PLN2004-182:
1. The density of the proposed project site is 2.0 per gross acre. The project density is consistent
with the General Plan land use designation of Low Density Residential (less than 4.5 units
per gross acre.) No change in residential density is proposed with this project.
2. The proposed project is consistent with the R-1-9 (Single-Family Residential, 9,000 square
foot minimum) Zoning District for lot size and meets the minimum setbacks, height
restriction, building coverage, floor area ratio, and parking requirements of the R-1-9 Zoning
District.
3. The project is consistent with the development standards and design guidelines of the San
Tomas Area Neighborhood Plan.
4. The project consists of a 5,849 square foot .residence (including a 1,252 square foot
basement, 2,856 sq. ft. first floor, a 1,056 second floor, a 685 square foot garage) and the
secondary living unit (including a 620 square foot living area and a 400 square foot storage
area) with a project building coverage of 31% and Floor Area Ratio of 37%. A twenty foot
setback is provided for the front yard, a twelve foot setback is provided for the street side
yard and atwenty-five foot setback is provided to the rear property line.
The project provides three covered and two uncovered parking spaces for the proposed
residence and secondary unit thus satisfying the parking requirements of two parking spaces
per unit.
6. The proposed project is well designed and is architecturally compatible with the surrounding
neighborhood.
City Council Resolution
PLN2004-182 -1360 Harriet Avenue
Denying an Appeal and Upholding Condition No. 28 as of Planning Commission Resolution No. 3628
Page 2
7. The proposed new residence incorporate representative architectural features of homes in the
San Tomas Neighborhood including hipped and gable forms, an attached garage,
composition roofing, and stucco siding.
8. The proposed project is surrounded by single-family residential uses to the north, south, east
and west.
9. The project qualifies as Categorically Exempt under Section 15303, Class 3 of the California
Environmental Quality Act (CEQA) pertaining to the construction of asingle-family
residence in an urbanized area.
l0. In absence of complete compliance to current setbacks for the second living unit, the
proposed development would be detrimental to the health, safety and welfare of the general
neighborhood.
11. The increased flow due to the proposed public improvements was determined to be minimal
at 0.02 cfs.
Based upon the foregoing findings of fact, the City Council further finds and concludes that:
1. The proposed project is consistent with the General Plan and Zoning Ordinance.
2. The proposed project, as conditioned, will aid in the harmonious development of the
immediate area.
3. 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.
4. The proposed development will not be detrimental to the health, safety or welfare of the
neighborhood or the City as a whole.
5. There is a reasonable relationship between the use of the fees imposed upon the project and
the type of development project.
6. 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 City Council denies an appeal and upholds
the Public Works Condition of Approval No 28 as adopted by Planning Commission Resolution
No. 3628 that granted a Site and Architectural Review Permit (PLN2004-182) to allow the
construction of a new single-family residence and retention of an existing secondary living unit
on property owned by Mr. Jacob Saidian located at 1360 Harriet Avenue in an R-1-9 (Single
Family Residential) Zoning District.
City Council Resolution
PLN2004-182 -1360 Harriet Avenue
Denying an Appeal and Upholding Condition No. 28 as of Planning Commission Resolution No. 3628
Page 3
PASSED- AND ADOPTED this 2i Gt day of March , 2005, by the following roll
call vote:
AYES: COUNCILMEMBERS: Burr, Hernandez, Furtado, Watson, Kennedy
NOES: COUNCILMEMBERS: None
tiisSEi3T: COTiTiJCiLlv~IviBERS: None
ABSTAIN: COUNCILMEMBERS: None _
Jayle P. Kennedy, Mayor
ATTEST:
Anne Bybee, City Clerk
os~ FQi~,.<.'J!tiG IN :T;.:,;;.~:'~i t$ A'i'res
Nq CORRtf T COPT Cr Tii$ Ofl1Ci
ON FILE IN THIB O C[
ATTEST: AbN~ ~ Y --.>:::, CITY CLERK, CI7T
OF CAMP`' ,L, ALIFO
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City Engineer Quinney -Staff Report dated March 21, 2005.
Mayor Kennedy declared the public hearing open and asked if anyone in the audience
wished to be heard.
There being no one wishing to speak, Mayor Kennedy closed the public hearing.
M/S: Burr/Hernandez -that the City Council adopt Resolution 10472 denying an
appeal and upholding the Planning Commission approval and Conditions of
Approval (PLN2004-182) approving a Site and Architectural Review Permit to
allow the construction of a new residence and secondary living unit, incorporating
Findings and subject to Conditions of Approval including added Finding that
states: "the increased flow due to the proposed public improvements was
determined to be minimal at 0.02 cfs." Motion adopted by the following roll call
vote:
AYES: Counciimembers: Burr, Hernandez, Furtado, Watson, Kennedy
NOES: Councilmembers: None
12. Continuation of Public Hearing regarding Appeal of Public Works Condition of
Approval regarding Planning Commission Approval of Application of Mr. Jacob
Saidian for a Site and Architectural Review Permit (PLN2004-181) to allow the
Construction of a new single-family residence on property located at 1642 Walters
Avenue in an R-1-9 (Single Family Residential) Zoning District (Resolution/Roll
Call Vote)
This is the time and place for a continued public hearing regarding Appeal of Public
Works Condition of Approval regarding Planning Commission Approval of Application
of Mr. Jacob Saidian for a Site and Architectural Review Permit (PLN2004-181) to
allow the Construction of a new single-family residence on property located at 1642
Walters Avenue in an R-1-9 (Single Family Residential) Zoning District.
City Engineer Quinney -Staff Report dated March 21, 2005.
Mayor Kennedy declared the public hearing open and asked if anyone in the audience
wished to be heard.
There being no one wishing to speak, Mayor Kennedy closed the public hearing.
M/S: Burr/Watson -that the City Council adopt Resolution 10473 denying an
Appeal and upholding the Planning Commission approval of a Site and
Architectural Review Permit to allow the construction of a new residence,
incorporating Findings and subject to Conditions of Approval including added
Finding that states: "the increased flow to the proposed public improvements was
determined to be minimal at 0.02 cfs." Motion adopted by the following roll call
vote:
Minutes of 3/21/05 City Council Meeting 4
AYES: Councilmembers: Burr, Hernandez, Furtado, Watson, Kennedy
NOES: Councilmembers: None
13. Live Entertainment Permit - Cardiff Lounge - 260 E. Campbell Avenue
(Resolution/Roll Call Vote)
This is the time and place for a public hearing to consider a Live Entertainment Permit
for the Cardiff Lounge located at 260 E. Campbell Avenue.
Police Chief Gullo -Staff Report dated March 21, 2005.
Mayor Kennedy declared the public hearing open and asked if anyone in the audience
wished to be heard.
There being no one wishing to speak, Mayor Kennedy closed the public hearing.
City Attorney Seligmann noted for the record that a revised resolution including
additional Findings was distributed for the City Council's consideration.
M/S: Burr/Watson -that the City Council adopt Resolution 10474 approving a
Live Entertainment Permit for the Cardiff Lounge located at 260 E. Campbell
Avenue subject to Conditions of Approval. Motion adopted by the following roll
call vote:
AYES: Councilmembers: Burr, Hernandez, Furtado, Watson, Kennedy
NOES: Councilmembers: None
UNFINISHED BUSINESS
There were no agendized items.
NEW BUSINESS
There were no agendized items.
COUNCIL COMMITTEE REPORTS
14. City Councilmember Reports
--Councilmember Furtado reported on the National League of Cities Conference and
requested that the Council Meeting be adjourned in memory of Mary Lou Zoglen,
former Mountain View City Councilmember and Mae Jackson, Mayor of Waco,
Texas.
Minutes of 3/21/05 City Council Meeting 5
Peggy Emerson, 1412 Maysun Court, Campbell, appeared before the City Council and
spoke in support of extending the sidewalk on Hazel down to Walters.
Danny Karnes, 1115 Audrey Avenue, Campbell, appeared before the City Council and
spoke in support of the Appeal.
R. D. Flynn, 467 California Street, Escalon, appeared before the City Council and
spoke in support of the Appeal.
There being no one else wishing to be heard, Mayor Kennedy closed the public
hearing.
Following discussion, the consensus of the City Council was that additional
information on the pavement testing data, potential drainage impacts if curb/gutter is
installed, and cost sharing information if Harriet is widened is needed before making a
decision on the Appeal.
On advice of City Attorney Seligmann, Mayor Kennedy re-opened the public hearing.
M/S: Furtado/Burr -that the public hearing be continued to the March 21~`
Council Meeting and request staff to report back on pavement testing data,
drainage impacts and cost information associated with widening of Harriet
Avenue. Motion adopted by the following roll call vote:
AYES: Councilmembers: Burr, Hernandez, Furtado, Watson, Kennedy
NOES: Councilmembers: None
14. Appeal of Public Works Condition of Approval regarding Planning Commission
Approval of Application of Mr. Jacob Saidian for a Site and Architectural Review
Permit (PLN2004-181) to allow the Construction of a new single-family residence
on property located at 1642 Walters Avenue in an R-1-9 (Single Family
Residential) Zoning District (Resolution/Roll Call Vote)
This is the time and place for a public hearing to consider an Appeal of Public Works
Condition of Approval regarding Planning Commission Approval of Application of
Mr. Jacob Saidian for a Site and Architectural Review Permit (PLN2004-181) to allow
the Construction of a new single-family residence on property located at 1642 Walters
Avenue in an R-1-9 (Single Family Residential) Zoning District.
Community Development Director Fierro -Staff Report dated March 1, 2005 .
Mayor Kennedy declared the public hearing open and asked if anyone in the audience
wished to speak.
Jacob Saidian, Appellant, appeared before the City Council and spoke in support of the
Appeal.
Minutes of 3/1/2005 City Council/Redevelopment Agency Meeting 8
Kevin Salazar, 1185 Audrey Avenue, Campbell, appeared before the City Council and
spoke in support of the Appeal.
Danny Karnes, 1115 Audrey Avenue, Campbell, appeared before the City Council and
spoke in support of the Appeal.
R. D. Flynn, 467 California Street, Escalon, appeared before the City Council and
spoke in support of the Appeal.
There being no one else wishing to be heard, Mayor Kennedy closed the public
hearing.
Following discussion, the consensus of the City Council was that additional
information on the pavement testing data and potential drainage impacts if curb/gutter
is installed is needed before making a decision on the Appeal.
On advice of City Attorney Seligmann, Mayor Kennedy re-opened the public hearing.
M/S: Burr/Watson -that the public hearing be continued to the March 21~`
Council Meeting and request staff to report back on pavement testing data and
drainage impacts if curb/gutter is installed. Motion adopted by the following roll
call vote:
AYES: Councilmembers: Burr, Hernandez, Furtado, Watson, Kennedy
NOES: Councilmembers: None
UNFINISHED BUSINESS
There were no agendized items.
NEW BUSINESS
There were no agendized items.
COUNCIL COMMITTEE REPORTS
16. City Councilmember Reports
--Councilmember Furtado reported he attended the Early Settlers' Luncheon; the
Annual Housing Trust Luncheon; a meeting with the Undersecretary of Veteran Affairs
and a Kiwanis Meeting.
--Councilmember Burr reported he attended a West Valley Sanitation District Board
Meeting and a Solid Waste Management Board Meeting.
Minutes of 3/1/2005 City Council/Redevelopment Agency Meeting 9