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CC Resolution 10473 RESOLUTION NO. 10473 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL DENYING AN APPEAL AND UPHOLDING THE PUBLIC WORKS CONDITION OF APPROVAL NO. 27 ADPTED BY THE PLANNING COMMISSION RESOLUTION NO. 3627 FOR A SITE AND ARCHITECTURAL REVIEW PERMIT (PLN2004-181) TO ALLOW THE CONSTRUCTION OF A NEW SINGLE-F AMIL Y RESIDENCE ON PROPERTY OVv'NED BY MR. JACOB SAIDIAN LOCATED AT 1642 WALTERS AVENUE IN AN R-1-9 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT. APPEAL OF MR. JACOB SAIDIAN. FILE NO. PLN2004-181. 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 PLN2004-181: 1. The density of the proposed project site is 6.2 per gross acre. The project is an existing lot of record and is substandard in area and consequently 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-1-9 (Single-Family Residential, 9,000 square foot minimum) Zoning District for a substandard lot size and meets the minimum setbacks, height restriction, building coverage, floor area ratio, and parking requirements of the R-1-6 Zoning District as a substandard lot. 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 4,123 square foot residence (including a 1,355 square foot basement, 1,375 sq. ft. first floor, an 891 second floor, a 414 square foot garage, an 88 square foot porch) with a building coverage of 31.8% and Floor Area Ratio of 45%. A nine- foot setback is provided from the eastern side property line and a five foot setback is provided from the western side property line. A twenty foot setback is provided from the front and a thirty-one foot setback is provided to the rear property lines. 5. The project provides two covered and two uncovered parking spaces for the proposed residence 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 PLN2004-181 -1642 Walters Avenue Denying an Appeal and Upholding Condition No. 27 of Planning Commission Resolution No. 3627 Page 2 7. The proposed new residence incorporate representative architectural features of homes in the San Tomas Neighborhood including hipped and gable forms, a two-car 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. 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. 27 as adopted by Planning Commission Resolution No. 3627 that grants a Site and Architectural Review Permit (PLN2004-181) to allow the construction of a new single-family residence on property owned by Mr. Jacob Saidian located at 1642 Walters Avenue in an R-1-9 (Single Family Residential) Zoning District. City Council Resolution PLN2004-181 -1642 Walters Avenue Denying an Appeal and Upholding Condition No. 27 of Planning Commission Resolution No. 3627 Page 3 PASSED AND ADOPTED this call vote: 21st day of March , 2005, by the following roll AYES: NOES: ABSENt: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: CO Ù~Ñ CILMbMBERS: COUNCILMEMBERS: Burr, Hernandez, Furtado, Watson, Kennedy None None None APPR ATTEST: tL.&~ Anne Bybee, City Clerk