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PC Res 2937RESOLUTION NO. 2937 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT TO ALLOW A SECONDARY LIVING UNIT ("GRANNY") AT AN EXISTING RESIDENCE LOCATED AT 1280 BURROWS ROAD IN A R-1 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT. APPLICATION OF MS MARCIE JOHNSON. FILE NO. UP 94-14. After notification and Public Hearing as specified by law on the application of Ms. Marcie Johnson, to approve a Conditional Use Permit allowing a secondary living unit ("granny") at an existing residence located at 282 Superior Drive, 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 94-14: The subject lot has an area of 12,000 square feet or more with a total lot area of 14,833 square feet. The unit complies with all yard, building height, distance between buildings, setbacks, and lot coverage standards of the zone in which the property is located. The total gross floor area of the attached additional living unit, is no more than six hundred forty square feet and the unit contains no more than one bedroom. 4. The unit meets the height restrictions of the zone in which it is located. The unit is designed so that the appearance of the building remains that of a single-family residence, and no entrances are visible from any public street. 6. The property provides four on-site parking spaces; No more than one dwelling unit on the property is to be rented or leased; Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: Resolution No. 2937 282 Superior Drive -- UP 94-14 Page 2 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; 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. 10. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic that the additional living unit will generate. 11. The proposed use is residential and compatible with the uses in the area. Further, the applicant is 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. 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. Approved Project Approval is granted for a 640 square foot additional living unit at 1280 Burrows Road. Development shall be substantially as shown on the materials listed below, except as may be modified by conditions contained herein. · Site plan for 1280 Burrows Road, dated August 4, 1994. If at any time the use is not in compliance with conditions herein, or State, County, or local requirements, the use permit may be revoked pursuant to Section 21.72. 110 of the Campbell Municipal Code. o Improvements/Building Permits Improvements are subject to the issuance of building permits and final clearance prior to occupancy. Resolution No. 2937 282 Superior Drive -- UP 94-14 Page 3 Deed Restriction Prior to the issuance of occupancy permits the applicant shall submit evidence of recordation of a deed restriction that allows no more than one unit on the parcel to be rented or leased. Parking A total of four parking spaces must be maintained for the use of both units. Two of the spaces must be covered. Park Fees: Prior to the issuance of occupancy permits, Park Fees shall be paid to the City of Campbell pursuant to Chapter 13.08 of the Municipal Code. A fee in the amount of $5,635 shall be paid. PASSED AND ADOPTED this 13th day of September, 1994, by the following roll call vote: AYES: Commissioners: Alne, Higgins, Kearns, Lindstrom, Lowe, Meyer-Kennedy, Perrine NOES: Commissioners: None ABSENT: Commissioners: None .d ~,' ~ Jay Pe~rine, Chairperson