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PC Res 3445RESOLUTION NO. 3445 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A MINOR MODIFICATION TO A SIDEYARD SETBACK (PLN2002-46) TO ALLOW A SECOND STORY ADDITION TO AN EXISTING TWO-STORY SINGI.E-FAMILY RESIDENCE ON PROPERTY OWNED BY MR. DAVID R. WALKER LOCATED AT 1134 LENOR WAY IN AN R-l-6 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT. APPLICATION OF MR. DAVID R. WALKER. FILE NO. PLN2002-46. After notification and public heating, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the heating was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application PLN2002-46: 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. The development of the project will not increase the existing density of the project site and has a density of 5.6 units per gross acre, which is consistent with the General Plan density of less than 6 dwelling units per gross acre. 3. The proposed eight-foot side yard setback along the southern property line will suffice as a minimum side yard setback requirement for the proposed second story addition. 4. The second story, in the area pertinent to the modification, does not align with any second story window on the adjacent property. 5. The proposed project is well designed and is architecturally compatible with the surrounding neighborhood. 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. o The reduced side yard along the southern 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 Resomtion No. 3445 PLN2002-46 - Minor Modification to Sideyard Setback - 1134 Lenor Way Page 2 o The reduced side yard along the southern 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 grants a Minor Modification to a Sideyard Setback (PLN2002-46) to allow a second story addition to an existing two-story residence on property owned by Mr. David R. Walker at 1134 Lenor Way, 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 1. Project Approval: Approval is granted for a Minor Modification to a Side Yard Setback (PLN2002-46) to allow a second story addition to an existing two-story single-family residence on property located at 1134 Lenor Way. 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 Sorin Comanescu and received by the Planning Division on June 12, 2002, 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. 3. 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 Planning Commission Reso,ution No. 3445 PLN2002-46 - Minor Modification to Sideyard Setback - 1134 Lenor Way Page 3 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.) o 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 o 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. o 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-1R shall be blue-lined on the construction plans. 8~ X 11 calculations shall be submitted as well. 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 Planning Commission Reso~,~tion No. 3445 PLN2002-46 - Minor Modification to Sideyard Setback - 1134 Lenor Way Page 4 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: mo 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 9th day of July, 2002, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Commissioners: Commissioners: Commissioners: Commissioners: Alderete, Doorley, Francois, Gibbons, Hernandez Jones None : None ~ None - ~/ J APPROVF~-~/~¢4 ~~~¢~¢zg ff-d~/~b'~ 2 Toga ~ran~ois,OCh~tir--~ and