PC Res 3487 (2)RESOLUTION NO. 3487
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A MINOR MODIFIATION
(PLN2003-32) TO ALLOW AN ADDITION TO AN EXISTING TWO-
STORY RESIDENCE ON PROPERTY OWNED BY JEROLD AND
ELIZABETH CLARK LOCATED AT 940 HARRIET AVENUE IN AN
R-l-6 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT.
APPLICATION OF JEROLD AND ELIZABETH CLARK. FILE NO.
PLN2003-32.
After notification and public heating, 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 PLN2003-32:
1. The proposed project is consistent with the R-1 (Single-Family Residential, 6,000 square foot
minimum lot size) Zoning District and development standards, with approval of a
modification to the side yard setback requirement along the southern property line.
2. The proposed seven-foot eleven-inch side yard setback along the eastern property line will
suffice as a minimum side yard setback requirement for the proposed addition.
3. The second story, in the area pertinent to the modification, does not align with any second
story window on the adjacent property, and is separated from that house by the distance of
eighty feet.
4. The proposed project is well designed and is architecturally compatible with the surrounding
neighborhood.
5. The development of the project will not increase the existing density of the project site and
has a density of 3.8 units per gross acre, which is consistent with the General Plan density of
less than 6 dwelling units per gross acre for this area.
6. The proposed project is surrounded on all four sides by single-family residential uses.
7. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 (additions
to existing structures) of the California Environmental Quality Act (CEQA).
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The proposed project is consistent with the City's General Plan and Zoning Ordinance.
2. The reduced side yard along the eastern property line will not be detrimental to the health,
safety, peace, comfort or general welfare of persons in the neighborhood or the City as a
whole.
Planning Commission Resolution No. 3487
PLN2003-32 - 940 Harriet Avenue - Minor Modification to Sideyard Setback
Page 2
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The reduced side yard along the eastem property line will not unreasonably interfere with the
ability of the adjoining property owners to enjoy access to sunlight, air, privacy or quiet
enjoyment of such owner's property.
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.
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 Minor
Modification to Sideyard Setback (PLN2003-32) to allow an addition to an existing two-story
residence on property owned by Jerold and Elizabeth Clark located at 940 Harriet Avenue,
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
Planning Division
Project Approval: Approval is granted for a Minor Modification to a Side Yard Setback
(PLN2003-32) to allow an addition to an existing two-story single-family residence on
property located at 940 Harriet Avenue. The project shall substantially conform to the
project exhibits listed below; except as may be modified by the Conditions of Approval
contained herein:
a. Project plans prepared by Richard Haro and received by the Planning Division on March
24, 2003, including a site plan, floor plans, and elevations.
Approval Expiration: The Minor Modification to a Side Yard Setback 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
approval shall be void.
Planning Commission Resolution No. 3487
PLN2003-32 - 940 Harriet Avenue - Minor Modification to Sideyard Setback
Page 3
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Property Maintenance: The property is to be maintained free of any combustible trash, debris
and weeds until the time that actual construction commences. Any vacant 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.)
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Contractor Contact Information Posting: The project site shall be posted with the name and
contact number of the lead contractor in a location visible from the public street prior to the
issuance of building permits.
Construction Hours: Construction activities will be limited to the hours of 8:00 am to 5:00
p.m. weekdays and 9:00 a.m. to 4:00 p.m. Saturdays. Construction is prohibited on Sundays
and Holidays unless an exception is granted by the Building Official.
6. Parking and Driveways: All parking and driveway areas shall be maintained in compliance
with the standards in Chapter 21.50 of the Campbell Municipal Code.
7. Fences: Any existing or proposed fencing shall comply with Section 21.59.090 of the
Campbell Municipal Code.
Building Division
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Permits Required: A building permit application shall be required for each proposed new
structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such
work is part of the permit.
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Plan Preparation: This addition may require 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.
10. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of
construction plans submitted for building permit.
11. Size of Plans: The minimum size of construction plans submitted for building permits shall
be 24 inches by 36 inches.
12. Site Plan: Application for building permit shall include a competent site plan that identifies
property and proposed structures with dimensions and elevations as appropriate. Site plan
shall also include site drainage details.
13. Title 24 Energy Compliance: California Title 24 Energy Compliance forms CF-1R and MF-
IR shall be blue-lined on the construction plans. 8~6 X 11 calculations shall be submitted as
well.
Planning Commission Resolution No. 3487
PLN2003-32 - 940 Harriet Avenue - Minor Modification to Sideyard Setback
Page 4
14. Special Inspections: When a special inspection is required by U.B.C. Section 1701, the
architect or engineer of record shall prepare an inspection program that shall be submitted to
the Building Official for approval prior to issuance of the building permits, in accordance
with U.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from
the Building Inspection Division Counter.
15. Pollution Prevention: The City of Campbell, standard Santa Clara Valley Non-Point Source
Pollution Control Program specification sheet shall be part of plan submittal. The
specification sheet (size 24" X 36") is available at the Building Division service counter.
16. Approvals Required: The project requires the following agency approval prior to issuance of
the building permit:
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West Valley Sanitation District (378-2407)
Santa Clara County Fire Department (378-4010)
School District:
i. Campbell Union School District (378-3405)
ii. Campbell Union High School District (371-0960)
iii. Moreland School District (379-1370)
iv. Cambrian School District (377-2103)
Note: To Determine your district, contact the offices identified above. Obtain the School
District payment form from the City Building Division, after the Division has approved
the building permit application.
PASSED AND ADOPTED this 8th day of April, 2003, by the following roll call vote:
AYES: Commissioners: Alderete, Doorley,
and Rocha
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
ATTEST:
APPROVED:
Sharon Fierro, Secretary
Francois, Gibbons, Hemandez, Jones
Joseph Hemand~