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PC Res 4387RESOLUTION NO. 4387 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL DENYING AN APPEAL (PLN2017-148) AND UPHOLDING THE COMMUNITY DEVELOPMENT DIRECTOR'S APPLICATION OF GENERAL PLAN POLICY LUT- 20.1 TO BUILDING PERMIT APPLICATION BLD2017-292, REQUIRING REAR PLACEMENT OF THE PROPOSED GARAGE ON PROPERTY LOCATED AT 189 N. THIRD STREET. After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. The Planning Commission finds as follows with regard to file number PLN2017-148: 1. The property is zoned R-1-6 (Single Family Residential) and is currently developed with asingle-family residence with a detached garage. 2. The property is located on the western side of N. Third Street, south of Latimer Avenue and north of Grant Street. 3. The property is located within the Downtown Neighborhood, as designated by Figure LUT-8 of the Campbell General Plan. 4. The Planning Commission considered the appeal and issues raised before and during the Public Hearing, but ultimately determined that the Community Development Director's application of General Plan Policy LUT-20.1 was consistent with the General Plan. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The appellants' request would be inconsistent with the General Plan. 2. The appellants' request would not result in a more desirable site layout; 3. The appellants' request would not aid in the harmonious development of the immediate area. 4. This project is Statutorily Exempt under Section 15268(a) of the California Environmental Quality Act (CEQA) pertaining to ministerial projects. THEREFORE, BE IT RESOLVED that the Planning Commission Denies an Appeal (PLN2017-148) and Upholds the Community Development Director's application of General Plan Policy LUT-20.1 to Building Permit application BLD2017-292, requiring rear placement of the proposed garage on property located at 189 N. Third Street, subject to the attached Conditions of Approval (attached Exhibit A). Planning Commission Resolution No. 4387 PLN2017-148 - 189 N. Third St. -Deny Appeal & Uphold Director's Application of General Plan Policy LUT-20.1 Page 2 of 2 PASSED AND ADOPTED this 27th day of June, 2017, by the following roll call vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: Young, Hernandez, Reynolds, Kendall, Dodd, Rivlin Rich APPROVED: ~~` ~~ ~~/ /~~~ /Yvonne Kendall, Chair ATTEST: Paul Kermoyan, Secretary EXHIBIT A CONDITIONS OF APPROVAL Denial of Appeal - 189 N. Third St. (PLN2017-148) 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 Garage Placement: Building Permit plans submitted for review must be revised to accommodate rear garage placement in compliance with General Plan Policy LUT- 20.1.