PC Res 2742RESOLUTION NO. 2742
BEING A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CAMPBELL APPROVING A
CONDITIONAL USE PERMIT ALLOWING A SECONDARY
LIVING uNrr, ON PROPERTY LOCATED AT 1074 LUCOT
WAY, IN AN R-l-10 (SINGLE-FAMILY RESIDENTIAL)
ZONING DISTRICT; APPLICATION OF MR. DAVID
MACKIE, FILE NO. UP 91-04.
After notification and Public Hearing as specified by law on the application of
Mr. David Mackie, allowing secondary living unit in a R-l-10 (Single-Family
Residential) Zoning District, as per the application filed in the Planning
Department on March 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 91-04:
The subject property conforms to conditions, setforth in the zoning
ordinance to allow Secondary Living Units.
Modification of the second unit by adding a hipped roof element will
better integrate the unit with the main structure.
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The second unit will provide additional housing for the applicant's
family.
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Alteration of the site will not be necessary since the two-car garage
provides adequate parking on site.
Based upon the foregoing findings of fact, the Planning Commission further
finds and concludes that:
1. The subject lot has an area of 12,000 square feet or more;
The unit complies with all yard, building, height, distance between buildings,
setbacks, and lot coverage standards of the zone in which the property is located.
Except for minor exception, to this setback ordinance the lessor setback can be
permitted under these provisions.
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The total gross floor area of the additional living unit, whether attached or detached,
is no more than six hundred forty square feet and the unit contains no more than
one bedroom.
Resolution No. 27442
adopted April 9, 1991
by Planning Commission
The property provides for on-site parking spaces and no more than one dwelling
unit on the property is to be rented or leased.
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
person residing or working in the neighborhood of such proposed use or be
detrimental or injurious to property or improvements to the neighborhood or to
the general welfare to the City.
The proposed site is adequately served by streets of sufficient capacity to carry the
kind of traffic such use would generate.
7. The proposed use is compatible with the uses in the area.
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 April 1991, by the following roll call
vote:
AYES:
NOES:
ABSENT:
Commissioners: Alne, Higgins, Perrine, Dougherty, Fox,
Meyer-Kennedy
Commissioners: None
Commissioners: Wilkinson
APPROVED:
lane Meyer-Kennedy
Chairperson
ATTEST:
Steve Piasecki
Secretary
CONDITIONS OF APPROVAL FOR FILE NO. UP 91-04
SITE ADDRESS: 1074 Lucot Way
APPLICANT: David Mackie
PLANNING COMMISSION DATE: April 9, 1991
The applicant is hereby notified, as part of this application, that he/she is
required to meet the following conditions in accordance with the Ordinances
of the City of Campbell and the State of California. Additionally, the
applicant is hereby notified that he/she is required to comply with all
applicable Codes or Ordinances of the City of Campbell land the State of
California which pertain to this development and are not herein specified.
SITE AND BUILDING DESIGN
1. Revised Plans and Elevations: Revised elevations and/or site
plan indicating: (1) hip roof element over the entrance of the second
unit, (2) possible extension of the porch element, (3) elimination of the
carport, and, (4) retention of the existing garage, to be submitted to the
Planning Department and approved by the Planning Director upon
recommendation of the Architectural Advisor, prior to application for
a building permit. (Planning)
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Permitted Use: Applicant to submit a letter to the Planning
Department, satisfactory to the City Attorney, prior to application for
building permit, limiting the use of the property as follows:
Occupancy of the second unit by one family only. (Planning)
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Approved Project: This approval is for a second living unit located on
a 12,307 square foot site identified as Assessor's Parcel Number 406-24-
040.
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)
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 separation.
(Building)
Building Permits: All Building Permits must be obtained and any
penalties paid upon issuance of retroactive Building Permits. (Building)