CC Resolution 10472
RESOLUTION NO.
10472
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL DENYING AN APPEAL AND UPHOLDING THE PUBLIC
WORKS CONDITION OF APPROVAL NO. 28 ADOPTED BY
PLANNING COMMISSION RESOLUTION NO. 3628 FOR A SITE AND
ARCHITECTURAL REVIEW PERMIT (PLN2004-182) TO ALLOW THE
CONSTRUCTION OF A NEW SINGLE-FAMILY RESIDENCE AND
RETENTION OF AN EXISTING SECONDARY LIVil'.JG UNIT ON
PROPERTY OWNED BY MR. JACOB SAIDIAN LOCATED AT 1360
HARRIET AVENUE IN AN R-1-9 (SINGLE FAMILY RESIDENTIAL)
ZONING DISTRICT. APPEAL OF MR. JACOB SAIDIAN. FILE NO.
PLN2004-182.
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 PLN2004-182:
1. The density of the proposed project site is 2.0 per gross acre. The project density is consistent
with the General Plan land use designation of Low Density Residential (less than 4.5 units
per gross acre.) No change in residential density is proposed with this project.
2. The proposed project is consistent with the R-I-9 (Single-Family Residential, 9,000 square
foot minimum) Zoning District for lot size and meets the minimum setbacks, height
restriction, building coverage, floor area ratio, and parking requirements of the R-I-9 Zoning
District.
3. The project is consistent with the development standards and design guidelines of the San
Tomas Area Neighborhood Plan.
4. The project consists of a 5,849 square foot residence (including a 1,252 square foot
basement, 2,856 sq. ft. first floor, a 1,056 second floor, a 685 square foot garage) and the
secondary living unit (including a 620 square foot living area and a 400 square foot storage
area) with a project building coverage of 31 % and Floor Area Ratio of 37%. A twenty foot
setback is provided for the front yard, a twelve foot setback is provided for the street side
yard and a twenty-five foot setback is provided to the rear property line.
5. The proj ect provides three covered and two uncovered parking spaces for the proposed
residence and secondary unit thus satisfying the parking requirements of two parking spaces
per unit.
6. The proposed project is well designed and is architecturally compatible with the surrounding
neighborhood.
City Council Resolution
PLN2004-182 -1360 Harriet Avenue
Denying an Appeal and Upholding Condition No. 28 as of Planning Commission Resolution No. 3628
Page 2
7. The proposed new residence incorporate representative architectural features of homes in the
San Tomas Neighborhood including hipped and gable forms, an attached garage,
composition roofing, and stucco siding.
8. The proposed project is surrounded by single-family residential uses to the north, south, east
and west.
9. The project qualifies as Categorically Exempt under Section 15303, Class 3 of the California
Environmental Quality Act (CEQA) pertaining to the construction of a single-family
residence in an urbanized area.
10. In absence of complete compliance to current setbacks for the second living unit, the
proposed development would be detrimental to the health, safety and welfare of the general
neighborhood.
11. The increased flow due to the proposed public improvements was determined to be minimal
at 0.02 cfs.
Based upon the foregoing findings of fact, the City Council 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.
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 City Council denies an appeal and upholds
the Public Works Condition of Approval No 28 as adopted by Planning Commission Resolution
No. 3628 that granted a Site and Architectural Review Permit (PLN2004-182) to allow the
construction of a new single-family residence and retention of an existing secondary living unit
on property owned by Mr. Jacob Saidian located at 1360 Harriet Avenue in an R-1-9 (Single
Family Residential) Zoning District.
City Council Resolution
PLN2004-182 -1360 Harriet Avenue
Denying an Appeal and Upholding Condition No. 28 as of Planning Commission Resolution No. 3628
Page 3
PASSED AND ADOPTED this
call vote:
7..1st
day of
Harch
, 2005, by the following roll
. ,.,.nT""" T'T'.
f-\D.:')Cl~ 1 :
ABSTAIN:
COUNCILMEMBERS: Burr, Hernandez, Furtado, Watson, Kennedy
COUNCILMEMBERS: None
COUNCILMEMBERS: None
AYES:
NOES:
COUNCILMEMBERS: None
ATTEST: t2~-
Anne Bybee, City Clerk