PC Res 4640RESOLUTION NO. 4640
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A SITE AND ARCHITECTURAL
REVIEW PERMIT (PLN-2022-2) TO LEGALIZE AN INCREASED WALL HEIGHT FOR AN EXISTING SUBSTANDARD SIDE-YARD SETBACK IN ASSOCIATION WITH AN UNDER-CONSTRUCTION REMODEL OF AN EXISTING SINGLE-FAMILY RESIDENCE ON PROPERTY
LOCATED 1830 MONTEMAR WAY. 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 PLN-2022-2:
1. The Project Site is zoned R-1-6 (Single Family Residential) on the City of Campbell Zoning Map.
2. The Project Site is designated Low Density Residential (6 units/gr. acre) on the City of Campbell General Plan Land Use diagram. 3. The Project Site is a 12,666 square-foot parcel located along Montemar Way, east
of Hurst Avenue.
4. The Proposed Project is an application for a Site and Architectural Review Permit to legalize an increased wall height for an existing substandard side-yard setback in association with an in-progress remodel of an existing single-family residence.
5. The Proposed Project will result in a building coverage of 28% and a Floor Area
Ratio (FAR) of .29, where a maximum 40% building coverage and .45 FAR are allowed in the R-1-6 Zoning District.
6. The Proposed Project will maintain two covered parking spaces in an attached garage, satisfying the applicable parking requirement.
7. The Proposed Project is consistent with the Considerations in Review of
Applications (CMC Section 21.42.040) for Site and Architectural Review.
8. The Proposed Project is consistent with the Design Guidelines for Additions to
Single Family Homes in that the proposed addition would largely maintain the Ranch-style appearance and proportions of the existing single-family residence.
9. Campbell Municipal Code Sec. 21.08.030.E allows the Planning Commission to
grant a reduction to this required setback if it finds that:
a. The side setback would not be detrimental to the health, safety, peace, comfort or general welfare of persons in the neighborhood, or the city as a whole; and,
b. The side setback would not unreasonably interfere with the ability of adjoining property owners to enjoy access to air, privacy, sunlight, and the quiet enjoyment of the owner’s property.
Planning Commission Resolution No. 4640 Page 2 of 2 PLN-2022-02 ~ 1830 Montemar - Site & Architectural Review Permit
10. No substantial evidence has been presented which shows that the project, as currently presented and subject to the required Conditions of Approval, will have a
significant adverse impact on the environment.
Based upon the foregoing findings of fact and pursuant to CMC Section 21.42.020 the Planning Commission further finds and concludes that:
Site and Architectural Review Permit Finding (CMC Sec. 21.42.060.B):
1. The project will be consistent with the general plan;
2. The project will aid in the harmonious development of the immediate area; and
3. The project is consistent with applicable adopted design guidelines, development agreement, overlay district, area plan, neighborhood plan, and specific plan(s);
Reduced Setback Findings (CMC Sec. 21.08.030.E, Table 2-3):
4. The side setback would not be detrimental to the health, safety, peace, comfort or
general welfare of persons in the neighborhood, or the city as a whole;
5. The side setback would not unreasonably interfere with the ability of adjoining property owners to enjoy access to air, privacy, sunlight, and the quiet enjoyment of the owner's property; and
Environmental Findings (CMC Sec. 21.38.050):
6. The project is Categorically Exempt under Section 15301, Class 1, of the California
Environmental Quality Act (CEQA), pertaining to the minor alteration of existing structures.
THEREFORE, BE IT RESOLVED that the Planning Commission approves a Site and Architectural Review Permit (PLN-2022-2) to legalize an increased wall height for an
existing substandard side-yard setback in association with an under-construction
remodel of an existing single-family residence on property located 1830 Montemar Way, subject to the attached Conditions of Approval (attached Exhibit “A”). PASSED AND ADOPTED this 26th day of April, 2021, by the following roll call vote:
AYES: Commissioners: Ching, Buchbinder, Kamkar, Krey, Rivlin, Zisser NOES: Commissioners: ABSENT: Commissioners: Ostrowski ABSTAIN: Commissioners:
APPROVED: Stuart Ching, Chair ATTEST: Rob Eastwood, Secretary
Stuart Ching (Apr 17, 2023 19:27 PDT)
CONDITIONS OF APPROVAL Site & Architectural Review Permit (PLN-2022-2)
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
1. Approved Project: Approval is granted for a Site and Architectural Review Permit (PLN-2022-2) to legalize an increased wall height for an existing substandard side-yard setback in association with an under-construction remodel of an existing single-family residence on property located 1830 Montemar Way. The project shall substantially conform to the Project Plans included as Attachment No. 2 in the April
26, 2022 Planning Commission Staff Report, except as may be modified by conditions of approval contained herein. 2. Permit Expiration: The Site and Architectural Review Permit approval shall be valid
for one year from the effective date of Planning Commission action (expiring May 6,
2023). Within this one-year period, revised materials for Building Permit No. BLD-
2021-523 must be submitted. Failure to meet this deadline or expiration of an issued building permit will result in the Site and Architectural Review Permit being rendered void.
3. On-Site Lighting: On-site lighting shall be shielded away from adjacent properties
and directed on site. The design and type of lighting fixtures and lighting intensity of any proposed exterior lighting for the project shall be reviewed and approved by the Community Development Director prior to installation of the lighting for compliance with all applicable Conditions of Approval, ordinances, laws and regulations. Lighting
fixtures shall be of a decorative design to be compatible with the residential
development and shall incorporate energy saving features.
Resol 4640 ~ 1830 Montemar
Final Audit Report 2023-04-18
Created:2023-03-30
By:Selina Perez Aquino (selinap@campbellca.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAcJUpK78VGpsMc4Nj0yZ7kiizxXqVn58R
"Resol 4640 ~ 1830 Montemar" History
Document created by Selina Perez Aquino (selinap@campbellca.gov)
2023-03-30 - 10:28:42 PM GMT
Document emailed to Rob Eastwood (robe@campbellca.gov) for signature
2023-03-30 - 10:28:59 PM GMT
Document e-signed by Rob Eastwood (robe@campbellca.gov)
Signature Date: 2023-04-13 - 7:31:03 PM GMT - Time Source: server
Document emailed to sching19@gmail.com for signature
2023-04-13 - 7:31:04 PM GMT
Email viewed by sching19@gmail.com
2023-04-18 - 2:26:42 AM GMT
Signer sching19@gmail.com entered name at signing as Stuart Ching
2023-04-18 - 2:27:34 AM GMT
Document e-signed by Stuart Ching (sching19@gmail.com)
Signature Date: 2023-04-18 - 2:27:36 AM GMT - Time Source: server
Agreement completed.
2023-04-18 - 2:27:36 AM GMT
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