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Use Permit - 1993CITY OF CAMPBELL 7 0 NORTH FIRST S T R E E T CAMPBELL, CALIFORNIA 95008 (408) 866-2100 FAX # (408) 379-2572 Department: Planning December 20,1993 Guido Zvigzne 1400 Coleman Avenue, D-15-F Santa Clara, CA 95050 Re:.TJP A3-15 -- 12..05 Lovell Avenue Dear Applicant: Please be advised that the Planning Commission at its meeting of December 14, 1993, adopted Resolution No. 2889 approving your Conditional Use Permit to allow the conversion of an existing accessory building to a secondary living unit on the property. This approval is effective 10 days following the Planning Commission action and is subject to the conditions contained in the enclosed resolution. If you should have any question$ regarding the Planning Commission's action, please do not hesitate to contact the undersigned at (408) 866-2144. , Sincerel v . Tim J. Haley Associate Planner cc: Randy Bowyer 913 Opal Drive San Jose, CA 95117 Frank Mills, Building Division Mike Fuller, Land I7~evelopment Engineer - __ William Seligmann, City Attorney RESOLUTION N0.2889 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT ALLOWING A SECONDARY LIVING UNIT IN AN EXISTING BUILDING ON PROPERTY LOCATED AT 1205 LOVELL AVENUE IN AN R-1-6 (SINGLE FAMILY RESIDENTIAL /LOW DENSITY LESS THAN 6 UNITS PER GROSS ACRE) ZONING DISTRICT. APPLICATION OF MR. GUIDO ZVIGZNE ON BEHALF OF MR. RANDY BOWYER. FILE NO. UP 93-15. After notification and Public Hearing as specified by law on the application of the Mr. Guido Zvigzne, on behalf of Mr. Randy Bowyer, to allow a secondary living unit in an existing building on property located at 1205 Lovell Avenue, as per the application filed in the Planning Department on October 19, 1993; and, after presentation by the Planning 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 File No. UP 93-15: 1. The subject lot contains a net area of 14,280 square feet. 2. The proposed granny unit (with the elimination of the tool shed) complies with the development standards set forth in the Zoning Ordinance allowing secondary living units. 3 The proposed secondary unit with recommended modifications is architecturally compatible with the main dwelling. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The subject lot has an area of 12,000 square feet or more. 2. The unit as modified complies with all yard, building height, distance between buildings, setbacks and lot coverage standards of the zone in which the property is located. 3. The total gross floor area of the additional living unit is no more than six hundred and forty (640) square feet and the unit contains no more than one bedroom. 4. The unit is no more than fourteen feet in height, and only one story. Resolution No. 2889 LJP 93-15 --1205 Lovell Avenue Adopted on December 14, 1993 Page 2 5. The unit is so situated that the appearance of the building remains that of asingle-family residence, and no entrances are visible from any public street. 6. The property provides four on-site parking spaces. 7. No more than one dwelling unit on the property is to be rented or leased. 8. The proposed project, subject to the conditions imposed, will be consistent with the General Plan, and will aid in the harmonious development of the immediate area. 9. The establishment, maintenance, or operation of the use applied for will not be detrimental to the public 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. 10. The proposed site is adequate in size and shape to accommodate the yards, wall, fences, parking and loading facilities, landscaping and other development features required in order to integrate said use with uses in the surrounding area. 11. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such use would generate. 12. The proposed use is compatible with the uses in the area. Approval is effective ten days after decision of approval of the Planning Commission, unless an appeal is filed. Further, the applicant is notified as part of this application that he is required to comply, 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. The lead department with which the applicant will work is identified on each condition. 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. Resolution No. 2889 UP 93-15 --1205 Lovell Avenue Adopted on December 14,1993 Page 3 SITE AND BUILDING DESIGN 1. Revised Plans and Elevations: Revised elevations and site plan indicating elimination of tool shed addition to be submitted to the Planning Department and approved by the Planning Director upon recommendation of the Architectural Advisor prior to application for a building permit. (Planning) 2. Permitted Use: Applicant to submit a letter to the Planning Department, satisfactory to the City Attorney, prior to application for building permit, limiting the use of the property as follows: (Planning) a. Not more than one dwelling unit on the property shall be rented or leased. One dwelling unit on the property shall be owner occupied. 3. Ayvroved Project: This approval is for a sernnd dwelling unit located at 1205 Lovell Avenue identified as Assessor's Parcel Number 406-06-042. Development shall be substantially as shown on the project materials listed below, except as may be modified by conditions contained herein: (Planning) a. Project drawings for prepared by Guido Zvigzne consisting of two (2) sheets, dated July 18,1993. STREET/SITE IMPROVEMENTS 4. Parkins and Drivewavs: All parking and driveway areas to be developed in compliance with Chapter 21.50 of the Campbell Municipal code. (Planning) 5. Fences: Fencing plan indicating location and height of fencing to be submitted to be indicated on the revised site plan in conjunction with the building permit submittal. (Planning) PROPERTY MANAGEMENT/UTILITIES 6. Pro~er~r 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 be demolished or removed from the property (Section 11.201 & 11.414, 1985 Ed. Uniform Fire Code). (Fire) 7. Retaining_ Walls: Retaining walls at property lines are limited to a height of 15 inches if constructed of wood. (Building) Resolution No. 2889 Page 4 UP 93-15 --1205 Lovell Avenue Adopted on December 14, 1993 8. Garbage Collection: Ordinance No. 782 of the Campbell Municipal Code stipulates that any contract for the collection and disposal of refuse, garbage, wet garbage and rubbish produced within the limits of the City of Campbell shall be made with Green Valley Disposal Company. This requirement applies to all single-family dwellings, multiple family dwellings, and all commercial, business, industrial, manufacturing, and construction establishments. (Fire) PUBLIC SAFETY/ WELFARE 9. Noise Levels: Noise levels for the interior of residential units shall comply with minimum State (Title 25) and local standards as indicated in the Noise element of the Campbell General Plan. (Building) 10. Park Impact Fee: Pay a Park Impact Fee of $10,990 prior to final of building occupancy. PUBLIC WORKS DEPARTMENT 11. Storm Area Drain Fee: Pay storm azea drain fee of $615. BUILDING DEPARTMENT 12. Provide Title 24 report on energy consumption prior to issuance of building permits. (Building) 13. Provide approved stove hood and smoke detectors. (Building) 14. Provide heating system per current code requirement in effect at the time of building permits. (Building) 15. Provide fire wall between dwelling and garage. 16. All existing electrical, mechanical, plumbing and structural systems will need to be exposed for inspection. 17. Dwelling units will have to be connected to sanitary sewers and the septic tank abandoned. 18. Provide GFCI receptacles. Resolution No. 2889 Page 5 UP 93-15 --1205 Lovell Avenue Adopted on December 14, 1993 PASSED AND ADOPTED this 14th day of December, 1993, by the following roll call vote: AYES: Commissioners: Akridge, Alne, Kearns, Lindstrom, Lowe, Meyer-Kennedy, Perrine NOES: Commissioners: None ABSENT: Commissioners: i~ ~ ~~ I. Alne, A