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PC Res 2749RESOLUTION NO. 2749 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT ALLOWING AN EXISTING SECONDARY LIVING UNIT, ON PROPERTY LOCATED AT 1099 WEST PARR AVENUE, IN A R-l-10 (SINGLE-FAMILY RESIDENTIAL) ZONING DISTRICT; APPLICATION OF MR. WILLIAM LANGE, FILE NO. UP 91-09. After notification and Public Hearing as specified by law on the application of Mr. William Lange, allowing an existing secondary living unit, on property located at 1099 West Parr Avenue, in a R-l-10 (Single-Family Residential) Zoning District, as per the application filed in the Planning Department on April 11, 19911 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 91-09: Minor alteration to the structures will only be necessary since the property is well integrated into the main structure and adequate on-site parking is provided. 2. The subject lot area has at least 12,000 square feet or more. o The unit conforms with all yard, building, height, distance between building setbacks and lot coverage, standards of the zone in which the property is located. o The total gross floor area of the living unit whether attached or detached is no more than 640 square feet and the unit contains no more than one bedroom. o The property provides for on-site parking spaces in excess of those required by the Zoning Ordinance. Not more than one dwelling unit on the property is to be rented or leased. 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 Resolution No. 2749 adopted May 28, 1991 page two 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, wall, fences, parking and loading facilities, landscaping and other development features required in order to integrate said use with 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. Based upon the foregoing findings of fact, the Planning Commission approves the Use Permit, subject to the following conditions: Building Plans: The applicant will submit building plans reflecting the connection of wall area between the granny units and main dwelling creating an attached living unit as indicated on the site plans to the Building Department. (Planning) Revised Site Plans/Elevations: Applicant to submit revised plans indicating revised window elements on the granny unit, prior to issuance of Building Permits. (Planning) o Screening Plan: Applicant to submit a landscaping screening plan to Planning Department to partially obscure the granny unit for review and approval by the Planning Director. (Planning) Permitted Use: Applicant has submitted a letter to the Planning Department, satisfactory to the City Attorney, prior to application of the building permit, permitting the use of the property for occupancy of the second unit by one family only. (Planning) Approved Project: The approval is for a second living unit located on a 13,280 square foot site identified as Assessor's Parcel Number 406-24-054. o Deed Restriction: The applicant is required to record a deed restriction satisfactory to the City Attorney, setting forth occupancy restrictions, stating that not more than one dwelling unit on the parcel will be rented or leased. (Planning) Resolution No. 2749 Adopted May 28, 1991 page 3 o 10. 11. 12. Expiration Date: The Use Permit is valid for a period of one year from the date of approval. If the conditions of approval are not met, on or before the expiration of the approval, the Use Permit is void. (Planning) Building Requirements: The living unit must comply with all applicable building codes and fire codes, for building connection. (Building) Building Permits: All building permits must be obtained and any penalties paid upon issuance of retroactive Building Permits. (Building) Street Improvements: Execute an agreement to install street improvements with the Public Works Department. (Public Works) Park Dedication Fee: Applicant to pay a park dedication in-park dedication in-lieu fee of $4,548. (Public Works) Storm Drain Fee: Applicant to pay a storm drain area fee of $537. (Public Works) Approval is effective ten days after decision of approval of the Planning 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 28th day of May 1991, by the following roll call vote: AYES: NOES: ABSENT: Commissioners: Commissioners: Commissioners: Alne, Higgins, Perrine, Dougherty, Wilkinson, Fox, Meyer-Kennedy None None. ATTEST: Steve Piasecki Secretary APPROVED: Jane Meyer-Kennedy Chairperson