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PC Res 2761RESOLUTION NO. 2761 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT ALLOWING A SECOND STORY ADDITION TO AN EXISTING NON-CONFORMING SINGLE-FAMILY RESIDENCE, ON PROPERTY LOCATED AT 1073 LUCOT WAY, IN A R-l-10 (SINGLE-FAMILY RESIDENTIAL) ZONING DISTRICT; APPLICATION OF MR. CHESTER MALLORY, FILE NO. UP 91-08. After notification and Public Hearing as specified by law on the application of Mr. Chester Mallory, allowing a second story addition to an existing non- conforming single-family residence at 1073 Lucot Way, in a R-l-10 (Single- Family Residential) Zoning District, as per the application filed in the Planning Department on April 1, 1991; and, after presentation by the Planning 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 File No. UP 91-08: The existing dwelling was constructed in the County and allowed a 3 foot sideyard setback. e The second-story addition is well integrated on the existing dwelling and enhances the appearance of the structure. 3. The use is compatible with existing uses in the neighborhood. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: The establishment, maintenance, or operation of the use applied for will not be detrimental to the public health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. The proposed 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 Resolution No. 2761 adopted July 9, 1991 page two uses in the surrounding area. o The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such use would generate. 4. The proposed use is compatible with the uses in the area. Approval is granted subject to the following Conditions of Approval: This approval is for a Use Permit to allow a second-story addition located on a 13,120 square foot site identified a s Assessor's Parcel Number 406-24-034. Development shall be substantially as shown on the project materials listed below, except as may be modified by conditions contained herein: (Planning) a. Project drawings for UP 91-08 prepared by DESIGNS consisting of site plan, elevations, foundation plans, pages 1-7, dated May 1991. Dedicate additional right-of-way to widen Lucot Way to 30'from centerline. o Execute an agreement to install standard street improvements when called upon to do so by City Engineer. 4. Pay storm drain area fee of $555 (0.296 at 1875/acre). The property is to be maintained free of any combustible trash, debris and weeds, until the time that actual construction commences. All 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). Fire Ordinance No. 782 of the Campbell Municipal Code stipulates that any contract for the collection and disposal of refuse, garbage, wet garbage and rubbish produced within the limits of the City of Campbell shall be made with Green Valley Disposal Company. This requirement applies to all single-family dwellings, multiple family dwellings, and all commercial, business, industrial, manufacturing, and construction establishments. (Fire) Approval is effective ten days after decision of approval of the Planning Resolution No. 2761 adopted July 9, 1991 page three Commission, unless an appeal is filed. Further, the applicant is notified as part of this application that he is required to comply with all applicable Codes and Ordinance of the City of Campbell and the State of California which pertain to this development and are not herein specified. PASSED AND ADOPTED this 9th day of July 1991, by the following roll call vote: AYES: NOES: ABSENT: Commissioners: Commissioners: Commissioners: Alne, Higgins, Perrine, Dougherty, Wilkinson, Fox None Meyer-Kennedy APPROVED: David Fox Vice Chairperson ATTEST: Steve Piasecki Secretary