CC Resolution 10287
RESOLUTION NO.
10287
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL GRANTING AN APPEAL AND OVERTURNING THE
PLANNING COMMISSION DECISION TO DENY A MODIFICATION
(PLN2003-45) TO CHANGE THE APPROVED ROOF DESIGN OF A
SINGLE-FAMILY RESIDENCE ON PROPERTY OWNED BY ROY
AND ADRIENNE DIVITIORIO LOCATED AT 1512 WALNUT
DRIVE IN AN R-1-10 (SINGLE FAMILY RESIDENTIAL) ZONING
DISTRICT. APPEAL OF MR. ROY DIVITTORIO. FILE NO. PLN2003-
45.
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 City Council did find as follows with
respect to application PLN2003-45.
1. The proposed residential project is consistent with the R-1-10 (Single-Family Residential,
10,000 square foot minimum lot size) Zoning District, as required per the Zoning Ordinance
and the San Tomas Area Neighborhood Plan.
2. The density of the proposed project site is 2.6 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.)
3. The proposed roof changes are well designed and are architecturally compatible with the
surrounding neighborhood.
4. The proposed project is consistent with the San Tomas Area Neighborhood Plan.
5. The completed project would consist of a 5,305.6 square foot residence with a building
coverage of 31 % and a floor area ratio of 0.39.
6. The project is not located in a particularly sensitive environment; and no substantial evidence
has been presented to suggest that there is a reasonable possibility that significant
environmental impacts would result from the project due to unusual circumstances or from
the cumulative impacts of successive projects of the same type in the same place.
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The proposed project is consistent with the General Plan and Zoning Ordinance.
2. The proposed project, as conditioned, will aid in the harmonious development of the
immediate area.
City Council Resolution
PLN2003-45 - 1512 Walnut Drive
Granting Appeal and Overturning PC Denial of Modification to Site and Architectural Review Permit
Page 2
3. There is a reasonable relationship between the use of the fees imposed upon the project and
the type of development project.
4. 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 City Council grants an appeal and overturns
the Planning Commission decision to deny a Modification (PLN2003-45) to change the approved
roof design of a single-family residence on property owned by Roy and Adrienne Divittorio
located at 1512 Walnut Drive, 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
Plannin2: Division
1. Project Approval: Approval is granted for a Modification (PLN2003-145) to a previously
approved Site and Architectural Review Permit (PLN2001-133) to change the approved roof
design of a single-family residence located at 1512 Walnut Drive. The project shall
substantially conform to the project exhibits listed below; except as may be modified by the
conditions of approval contained herein:
Project plans prepared by Design Tech Associates and received by the Planning Division
on December 3,2003.
2. Previous Approval: The project shall comply with all conditions of approval of the original
Site and Architectural Review Permit (PLN2001-133).
a.
Buildin2: Division
3. Permits Required: Revised building permit plans shall be provided for the revised roof
design.
4. 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.
City Council Resolution
PLN2003-45 -1512 Walnut Drive
Granting Appeal and Overturning PC Denial of Modification to Site and Architectural Review Permit
Page 3
PASSED AND ADOPTED this 3rd
call vote:
day of
February
, 2004, by the following roll
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Furtado, Watson, Dean, Burr
Kennedy
None
None
APPROVEIl:-- ~ c;~.....
Donald R. Burr, Mayor
ATIEST:
IL~
Anne Bybee, City Clerk