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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