PC Res 3464RESOLUTION NO. 3464
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBEIJ. APPROVING A CONDITIONAL USE
PERMIT (PLN2002-109) TO AIJDW THE CONVERSION OF AN
EXISTING DETACHED ACCESSORY STRUCTURE INTO A
SECONDARY LIVING UNIT ON PROPERTY OWNED BY MR.
MIKE BENTON LOCATED AT 207 N. THIRD STREET IN AN R-
1-6 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT.
APPLICATION OF MR. MIKE BENTON. FILE NO. PLN2002-109.
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 Planning Commission did find as follows
with respect to application PLN2002-109:
1. The development of the proposed project will result in a use that is consistent with the
General Plan designation of single family residential for this area.
2. The development of the proposed project will result in a use that is consistent with the R-1
(Single Family Residential) Zoning District.
3. The proposed project is architecturally compatible with the existing residence and
surrounding neighborhood.
4. The proposed project will contribute to the housing stock in the City of Campbell and serve
the housing needs of the community.
5. The proposed project will result in a density of 3.1 units per gross acre, which falls below the
maximum permitted density for the site of six units per gross acre.
The proposed project is consistent with the R-1 Zoning Ordinance. The proposed residence
meets the lot coverage, height, and front, side, and rear setback requirements for the R-1
Zoning District.
7. The subject lot of 12,227 square feet exceeds the minimum net lot area of 12,000 square feet
required for development of a secondary living unit.
8. The proposed unit complies with all of the development standards for secondary living units
in an R-1 zoning district.
9. The additional living unit is designed so that the appearance of the building remains that of a
single-family residence and the entrance is not visible from any public street.
10. The proposed project provides a total of four parking spaces. The project meets the City's
parking requirements by providing two parking spaces per unit.
Planning Commission Reso~,tion No. 3464
PLN2002-109- 207 N. Third Street
Use Permit- Secondary Living Unit
Page 2
11. The completed project consists of an existing single-family residence (2,600 square feet) and
a detached structure with a two-car garage (400 square feet) and secondary dwelling unit
(600 square feet) that results in a building coverage of 23.2 percent and floor area ratio of
0.29.
12. The project qualifies as a Categorically Exempt project per Section 15303, Class 1 (Existing
Facilities) of the California Environmental Quality Act (CEQA).
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that, as conditioned:
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.
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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
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The subject site is adequate in size and shape to accommodate the yards, walls, fences,
parking and loading facilities, landscaping, and other development features required in order
to integrate said use with uses in the surrounding area.
6. The subject site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic such use would generate.
7. There is a reasonable relationship between the use of the fees imposed upon the project and
the type of development project.
9. 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 Conditional
Use Permit (PLN2002-109) to allow the conversion of an existing detached accessory structure
into a secondary living unit on property owned by Mr. Mike Benton located at 207 N. Third
Street, 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
Planning Commission Reso~,,don No. 3464
PLN2002-109 -207 N. Third Street
Use Permit- Secondary Living Unit
Page 3
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:
Approved Project: Approval is granted for a Conditional Use Permit (PLN 2002-109)
allowing the conversion of an existing detached accessory structure into a secondary
dwelling unit on property located at 207 N. Third Street. The building and site design shall
substantially comply with project plans prepared by Mike Benton, except as may be modified
by the Conditions of Approval herein.
Conditional Use Permit Approval Expiration: The Conditional Use Permit approval shall be
valid for 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. Failure to meet
these deadlines will result in the Conditional Use Permit being void.
3. Park Impact Fee: The applicant shall pay a park impact fee of $5,635 prior to the issuance of
a certificate of building occupancy.
4. 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.
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Deed Restriction: A Deed Restriction that stipulates that_not more than one (1) of the two (2)
dwelling units on the above-referenced parcel may be rented or leased shall be recorded at
the County Recorder's Office prior to the issuance of a certificate of building occupancy.
Building Division:
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Permits Required: A building permit application shall be required for the proposed
conversion of the garage/workshop into a secondary living unit. The building permit shall
include Electrical/Plumbing/Mechanical fees when such work is part of the permit.
7. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of
construction plans submitted for building permit.
8. Size of Plans: The minimum size of construction plans submitted for building permits shall
be 24 in. by 36 in.
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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.
Planning Commission Reso~-don No. 3464
PLN2002-109 - 207 N. Third Street
Use Permit- Secondary Living Unit
Page 4
10. Title 24 Energy Compliance: California Title 24 Energy Compliance forms CF-1R and MF-
IR shall be blue-lined on the construction plans. 8V2 by 11 calculations shall be submitted as
well.
11. 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.
12. Water Pollution: 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.
13. Approvals Required: The project requires the following agency approval prior to issuance
of the building permit:
a. West Valley Sanitation District (378-2407)
b. Santa Clara County Fire Department (378-4010)
c. School District:
i. Campbell Union School District (378-3405)
ii. Campbell Union High School District (371-0960)
iii. Moreland SchoolDistrict (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.
FIRE DEPARTMENT
14. Required Fire Flow: The required fire flow for this project has been calculated at 1,000
GPM at 20 psi residual pressure. The required fire flow is available from area water mains
and fire hydrant(s), which are located at the required spacing.
15. Required Access to Water Supply (Hydrants): Portions of the structure is greater than 150
feet of travel distance from the centerline of the roadway containing public fire hydrants.
Provide an approved, residential fire sprinkler system throughout all portions of the building.
Planning Commission Reso~,~tion No. 3464
PLN2002-109 - 207 N. Third Street
Use Permit- Secondary Living Unit
Page 5
PASSED AND ADOPTED this 8th day of October, 2002, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Josepfi D. Hem~t~z73~in~
Sharon F~erro, Secretary
Alderete, Doorley, Gibbons, Hernandez, Jones and Rocha
None
Francois
None . ?
Chair