PC Res 3630
RESOLUTION NO. 3630
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A MODIFICATION (PLN2004-187)
OF A PREVIOUSLY APPROVED SITE AND ARCHITECTURAL REVIEW
PERMIT (PLN2003-101) TO ALLLOW A SECOND STORY BALCONY
ON PROPERTY OWNED BY MR. DUC LAM NGUYEN LOCATED AT
819 KENNETH AVENUE IN AN R-l-lO (SINGLE FAMILY
RESIDENTIAL) ZONING DISTRICT. APPLICATION OF MR. TU TUAN
NGUYEN. FILE NO. PLN2004-187.
After notification and public hearing, as specified by law and after presentation by the
Community Development 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 application PLN2004-187:
1. The density of the proposed project site is 3.4 units per gross acre, which is consistent with
the General Plan land use designation of Low Density Residential (less than 3.5 units per
gross acre).
2. The proposed project is consistent with the R-I-I0 (Single-Family Residential, 10,000 square
foot minimum lot size) Zoning District and meets the minimum setbacks, height restriction,
building coverage, floor area ratio and parking requirements of the R-I-I0 Zoning District.
3. The project is consistent with the development standards and design guidelines of the San
Tomas Area Neighborhood Plan.
4. The proposed balcony is centered on the rear of the residence with a 22 foot setback to the
southern property line and a 30 setback to the northerly property line.
5. The proposed balcony is well designed and is architecturally compatible with the residence.
The balcony design incorporates a screen wall and landscaping planters to minimize the
privacy impacts to adjacent uses.
6. The proposed project is surrounded by single-family residences to the north, south and east
and duplexes to the west.
7. The project qualifies as Categorically Exempt under Section 15301, Class 1 of the California
Environmental Quality Act (CEQA) pertaining to the construction of a minor alteration to an
existing structure.
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The proposed proj ect is consistent with the General Plan and Zoning Ordinance.
Planning Commission Resolution No. 3630
PLN2004-187 -819 Kenneth Avenue - Modification to Site and Architectural Review Permit
Page 2
2. The proposed project, as conditioned, will aid in the harmonious development of the
immediate area.
3. No substantial evidence has been presented from which a reasonable argument could be
made that shows that the project, as currently presented and subject to the required conditions
of approval, will have a significant adverse impact on the environment.
4. The proposed development will not be detrimental to the health, safety or welfare of the
neighborhood or the City as a whole.
5. There is a reasonable relationship between the use of the fees imposed upon the project and
the type of development project.
6. There is a reasonable relationship and a rough proportionality between the conditions of
approval and the impacts of the project.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves a
Modification (PLN2004-187) to a previously approved Site and Architectural Review Permit
(PLN2003-101) to allow a second story balcony on property owned by Mr. Duc Lam Nguyen
located at 819 Kenneth Avenue in an R-I-I0 (Single Family Residential) Zoning District,
subject to the following conditions:
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
Plannine: Division:
1. Approved Project: Approval is granted for a Modification to a previous Site and
Architectural Review Permit to allow the construction of a rear balcony located at 819
Kenneth Avenue. The building design shall substantially conform to the project exhibits
listed below, except as may be modified by the conditions of approval herein:
a. Project plans prepared by Tu Tuan Nguyen and dated July 28, 2003, including a site plan,
floor plans, and elevations received December 21, 2004.
2. Approval Expiration: The Modification to the Site and Architectural Review Permit approval
shall be valid for a period of one year from the date of final approval. Within this one-year
period, a building permit must be obtained and construction completed one year thereafter or
the Site and Architectural Review Permit shall be void.
Planning Commission Resolution No. 3630
PLN2004-187 -819 Kenneth Avenue - Modification to Site and Architectural Review Permit
Page 3
3. Landscaping: Proposed planter boxes on the balcony shall include screening shrubs and
climbing vines that provide an effective screen of views to neighboring properties.
Landscaping materials shall be irrigated and maintained in a good condition so that plantings
will create an effective screen to neighboring properties.
4. Property 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 and 11.414, 1985 Ed. Uniform Fire Code.
Buildine: Division:
5. Permits Required: A building permit application shall be required for each proposed new
structure. The building permit shall include ElectricallPlumbinglMechanical fees when such
work is part of the permit.
6. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of
construction plans submitted for building permit.
7. Size of Plans: The minimum size of construction plans submitted for building permits shall
be 24 inches by 36 inches.
8. Plan Preparation: This project requires plans prepared under the direction and oversight of a
California Licensed Engineer or Architect. Plans submitted for building permits shall be
"wet stamped" and signed by the qualifying professional person.
9. Site Plan: Application for building permits shall include an accurate site plan that identifies
property and proposed structures with dimensions and elevations as appropriate. The site
plan shall also include site drainage details.
PASSED AND ADOPTED this 22nd day of February, 2005, by the following roll call vote:
AYES:
Commissioners:
Alderete, Doorley, Ebner, Francois, Gibbons, Rocha and
Roseberry
NOES: Commissioners: None
ABSENT: Commissioners: None
AB STAIN: Commissioners: ::RO VED: ( ~ C; £.7!!j tJ ~
~. -'ÉIii h Gihbons, Chair
MruS~ -
Sharon Fierro, Secretary