PC Res 2842RESOLUTION NO. 2842
BEING A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF CAMPBELL
APPROVING OF A CONDITIONAL USE PERMIT AND A
SITE AND ARCHITECTURAL APPROVAL TO ALLOW
THE CONSTRUCTION OF A SINGLE FAMILY
RESIDENCE AND APPROVAL OF A SECONDARY
LIVING UNIT ON PROPERTY LOCATED AT 1273 PEGGY
AVENUE, IN A R-l-10 (SINGLE FAMILY
RESIDENTIAL/LOW DENSITY RESIDENTIAL, LESS
THAN 3.5 UNITS PER GROSS ACRE) ZONING
DISTRICT. FILE NOS. S 92-12/UP 92-19
After notification and Public Hearing as specified by law on the application of
Mr. Richard Emigh, on behalf of Mr. Charles Cutting, for approval of a
Conditional Use Permit and a Site and Architectural approval to allow the
construction of a single family residence and approval of a secondary living
unit on property located at 1273 Peggy Avenue, in a R-l-10 (Single Family
Residential/Low Density Residential, less than 3.5 units per gross acre)
Zoning District, as per the application filed in the Planning Department on
December 30, 1992; and, after presentation by the City Staff, proponents and
opponents, the hearing was closed.
After due consideration of all evidence presented, the Planning Commission
finds as follows with regard to Application numbers S 92-12/UP 92-19:
1. The subject lot has an area of 20,040 square feet.
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The property provides adequate open space, usable yard areas, and
provides adequate setbacks in keeping with the requirements of the
Zoning Ordinance.
3. The second living unit contains 637 square feet of living area.
o
The second dwelling unit complies with the development
standards set forth in the Zoning Ordinance permitting additional
living units.
The second unit will provide additional housing for the applicant's
family.
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;
Resolution No. 2842
S 92-12/UP 92-19 -- 1273 Peggy Avenue -- R. Emigh
Adopted on February 23, 1993
Page 2
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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 additional living unit, is no more
than six hundred forty square feet and the unit contains no more
than one bedroom;
The unit is no more than fourteen feet in height, and only one
story.
Parking provided on site exceeds the zoning standard requirements
of two on-site parking spaces/one covered per unit.
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.
The proposed site is adequate in size and shape to accommodate the
yards, walls, fences, parking and loading facilities, landscaping and
other development features required in order to integrate said use
with uses in the surrounding area.
The proposed site is adequately served by streets of sufficient
capacity to carry the kind and quantity of traffic such use would
generate.
The proposed use is compatible with the uses in the area.
Planning Commission finds as follows with regard to File No. S 92-
The single family dwelling provides adequate setbacks on the
property achieving large usable yard areas, and substantial open
space.
The proposed single family dwelling is architecturally compatible to
the proposed second dwelling unit.
Resolution No. 2842
S 92-12/UP 92-19 - 1273 Peggy Avenue -- R. Emigh
Adopted on February 23, 1993
Page 3
The applicant has incorporated recommendations made by staff and
the Site and Architectural Review Committee which enhances the
project.
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The proposal for a new single family dwelling and a secondary
living unit is consistent with the existing land development
patterns in the area and in the immediate and surrounding area.
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The proposal is in keeping with the San Tomas Policy which
encourages larger lots, maintaining a rural character, and by
maintaining building forms consistent with the existing
development patterns.
Based upon the foregoing findings of fact, the Planning Commission
further finds and concludes that:
The proposed project will aid in the harmonious development of
the immediate area.
Approval is effective ten days after decision of approval of the Planning
Commission, unless an appeal is filed, subject to the following Conditions of
Approval:
SITE AND BUILDING DESIGN
1. Revised Elevations: Revised elevations indicating consistent window
treatment to be submitted to the Planning Department and approved by
the Planning Director prior to application for a building permit.
(Planning)
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:
Occupancy of the second unit by one family only. (Planning)
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Public Occupancy: Building occupancy will not be allowed until public
improvements are installed. (Public Works)
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Approved Project: This approval is for a new single family dwelling and
a secondary living unit located at 1273 Peggy Avenue identified as
Assessor's Parcel Number 406-16-057. Development shall be
substantially as shown on the project materials listed below, except as
Resolution No. 28~2
S 92-12/UP 92-19 -- 1273 Peggy Avenue -- R. Emigh
Adopted on February 23, 1993
Page 4
may be modified by conditions contained herein: (Planning)
a. Project drawings prepared by Richard Emigh consisting of four
sheets, dated December 1992.
Deed Restriction: The applicant is required to record a deed restriction
satisfactory to the City Attorney, setting forth occupancy restrictions,
stating that one dwelling unit on the parcel shall be occupied by the
owner. (Planning)
Expiration Date: The Use Permit is valid for a period of one year from
the date of approval, if the Conditions of Approval are not met, on or
before the expiration of the approval, the Use Permit is void. (Planning)
LANDSCAPING
7. Landscaping: Landscaping plan indicating type and size of plant
material, and located irrigation system to be submitted to the Planning
Department and approved by the Site and Architectural Review
Committee and/or Planning Commission prior to issuance of a building
permit. (Planning)
STREET/SITE IMPROVEMENTS
8. Parking and Driveways: All parking and driveway areas to be developed
in compliance with Chapter 21.50 of the Campbell Municipal code. All
parking spaces to be provided with appropriate concrete curbs or bumper
guards. (Planning)
Fences: Fencing plan indicating location and design details of fencing
to be submitted to the Planning Department and approved by the
Planning Director prior to issuance of a building permit. (Planning)
PROPERTY MANAGEMENT/UTILITIES
10. Property Maintenance: The property is to be maintained free of any
combustible trash, debris and weeds, during construction. (Building)
11. Retaining Walls: Retaining walls at property lines are limited to a
height of 15 inches if constructed of wood. (Building)
12.
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
Resolution No. 28~2
S 92-12/UP 92-19 -- 1273 Peggy Avenue -- R. Emigh
Adopted on February 23, 1993
Page 5
dwellings, and all commercial, business, industrial, manufacturing, and
construction establishments. (Fire)
PUBLIC SAFETY/WELFARE
13. 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)
FIRE DEPARTMENT
14. Provide fire sprinkler protection throughout, in compliance with
N.F.P.A. 13D without exceptions. U.F.C. Section 10.203, or meet all
regulations of the Uniform Fire Code Section 10.
15. Provide minimum 4 inch high street address numbers located where
they can be easily read from the street.
BUILDING DIVISION
16. Obtain all necessary building permits and clearances.
PUBLIC WORKS DEPARTMENT
17. Dedication: Make an irrevocable offer of dedication of five feet of right-
of-way to widen Peggy Avenue to 30 feet from property line to street
centerline.
18. Deferred Street Improvements: Sign a deferred street improvement
agreement for the installation of street improvements in the future.
19. Encroachment Permit: Obtain an encroachment permit, post surety, and
pay fees for all work within the public right-of-way.
20. Storm Drain Fee: Pay storm drain area fee of $864.00.
21. Park Impact Fee: Pay park impact fee of $10,990.00.
Further, the applicant is notified as part of this application that he is required
to comply with all applicable Codes and Ordinances for the City of Campbell
and the State of California which pertain to this development and are not
herein specified.
PASSED AND ADOPTED this 23rd day of February, 1993 by the following roll
call vote:
Resolution No. 2842
S 92-12/UP 92-19 - 1273 Peggy Avenue -- R. Emigh
Adopted on February 23, 1993
Page 6
AYES:
NOES:
ABSENT:
Commissioners: Fox, Perrine, Higgins, Meyer-Kennedy,
Wilkinson, Alne
Commissioners: None
Commissioners: Noh-~ /" "'-'--~.
,/. I. Alne, Chairperson
Stev~ Piaseckl, ~cret~ary
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Public Hearing before the Plannin
Commission on February 23, 1993,
adopted Resolution No. 2842,
approving S 92-12/UP 92-19
(6-0-0)
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