PC Res 2737RESOLUTION NO. 2737
PLANNING COMMISSION
BEING A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE
PERMIT AND A SITE AND ARCHITECTURAL APPLICATION
ALLOWING THE MOVE-ON OF A SINGLE FAMILY RESIDENCE AND
APPROVAL OF A SECONDARY LIVING UNIT ON PROPERTY
LOCATED AT 1800 WHITEOAKS ROAD, IN AN R-l-6
(SINGLE-FAMILY RESIDENTIAL) ZONING DISTRICT.
(APPLICATION OF MR. ANTHONY JANOVICH, FILE NO.
UP 91-01 AND S 91-02).
After notification and public hearing as specified by law on the
application of Mr. Anthony Janovich for a Conditional Use Permit and a
Site and Architectural Application allowing the move-on of a
single-family residence and approval of a secondary living unit on
property located at 1800 Whiteoaks Road, in an R-l-6 (Single-Family
Residential) Zoning District, as per the application filed in the
Planning Department on November 18, 1990; 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 regard to the Use Permit:
The subject parcel is 14,960 square feet which exceeds the
minimum 12,000 square foot parcel size required to permit a
secondary living unit.
The proposed secondary living unit with recommended
modifications satisfies the development standards
established in Section 21.61.038 of the Zoning Ordinance
which regulates secondary living units.
The provision of 3 covered parking spaces and one uncovered
space satisfies the parking requirements for the proposed
uses.
The proposed lot coverage, setbacks, and building usage
complies with the R-l-6 (Single-Family Residential) Zoning
District.
Based upon the foregoing findings of fact, the Planning
Commission further finds and concludes that:
The establishment and maintenance of the proposed uses 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.
Resolution No. 2737
page two
The proposed site is adequate in size and shape to
accommodate the yards, wall, fences, parking, landscaping
and other development features required in order to
integrate said use with uses in the surrounding area.
The proposed site is adequately served by streets of
sufficient capacity to carry the kind and quantity of
traffic such use would generate and adequate size to
accommodate on-site circulation.
4. The proposed use is compatible with the uses in the area.
The proposed project, subject to the conditions imposed,
will be consistent with the general plan; and
After due consideration of all evidence presented, the Planning
Commission did find as follows with regard to the Site and
Architectural Application:
The architectural style of the proposed structures with
modifications as required by the conditions of approval
provides an appropriate massing and appearance which will
complement this neighborhood.
Based upon the foregoing findings of fact, the Planning
Commission further finds and concludes that:
The proposed project, subject to the required conditions,
will aid in the harmonious development of the immediate
area.
The proposed residential move-on is consistent with
established residential developments in this neighborhood.
Based on the above findings, the Planning Commission does hereby grant
the requested Use Permit and Site and Architectural Application,
subject to the following conditions:
Revised elevations and site plan indicating revised front
elevation of move-on, revised secondary living unit elevations
indicating stucco walls and shake/shingle roof and proposed
carport 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.
Property to be fenced and landscaped as indicated and/or added
in red on the plans. Landscaping and fencing shall be
maintained in accordance with the approved plans.
Resolution No. 2737
page three
Landscaping plan indicating type and size of plant material, and
location of irrigation system to be submitted to the Planning
Department and approved by the Planninq Director prior to
application for a building permit.
Fencing plan indicating location and design details of fencing
to be submitted to the Planning Department and approved by the
Planning Director prior to issuance of a building permit.
Applicant to either (1) post a faithful performance bond in the
amount of $3,000 to insure landscaping, and fencing within 12
months of completion of construction; or (2) file written
agreement to complete landscaping and fencing. Bond or
agreement to be filed with the Planning Department prior to
application for a building permit.
Se
10.
11.
12.
13.
Ail mechanical equipment on roofs and all utility meters to be
screened as approved by the Planning Director.
Ail parking and driveway areas to be developed in compliance
with Chapter 21.50 of the.Campbell Municipal Code. All parking
spaces to be provided with appropriate concrete curbs or bumper
guards.
Underground utilities to be provided as required by Section
20.36.150 of the Campbell Municipal Code.
Plans submitted to the Building Department for plan check shall
indicate clearly the location of all connections for underground
utilities including water, sewer, electric, telephone and
television cables, etc.
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 apartment units, to all commercial, business,
industrial, manufacturing, and construction establishments.
Noise levels for the interior of residential units shall comply
with minimum State (Title 25) and local standards as indicated
in the Noise Element of the Campbell General Plan.
Applicant is hereby notified that he will be required to pay
Park Dedication In-Lieu Fee which will be assessed at the time
the subdivision map is submitted.
The applicant is hereby notified that 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. Sect. 11.201 & 11.414, 1979 Ed. Uniform Fire Code.
Resolution No. 2737
page four
14.
15.
16.
17.
18.
Retaining walls at property lines are limited to a height of 15
inches if constructed of wood.
Comply with all adopted building codes and State laws.
Conditional Use Permit approval is valid for one year from date
of Planning Commission approval.
Install standard street improvements across the property
frontage.
Obtain an excavation permit, pay fees and post surety for all
work in the public right-of-way.
19.
Dedicate additional land to widen Whiteoaks Road to 30 feet from
centerline.
20. Pay a fee of $644.00 for storm drainage.
21. Pay a fee of $4,548.00 in lieu of dedicating land for parks.
22.
Submit three (3) copies of on-site drainage plans for review by
the City Engineer.
23.
Provide traffic control plan for approval by the City Engineer
prior to moving the house.
24.
Applicant to provide evidence of a recorded deed restriction
setting forth than not more than one dwelling unit on the parcel
shall be rented or leased prior to issuance of building permits.
25.
The occupancy of each unit shall not be permitted until the
other unit is set on the foundation; enclosed within the final
exterior wall materials; and roofed per the approved conditions.
The applicant is notified as part of this application that he/she is
required to comply with all applicable Codes and/or Ordinances of the
City of Campbell and the State of California which pertain to this
development and are not herein specified.
PASSED AND ADOPTED this 26th day of February 1991,
roll call vote:
by the following
AYES:
NOES:
ABSENT:
Commissioners:
Commissioners:
Commissioners:
Alne, Higgins, Perrine, Fox, Dougherty,
Meyer-Kennedy
None
Wilkinson
ATTEST:
Steve Piasecki
Secretary
APPROVED:
J.P. Meyer-Kennedy
Chairperson
]
1800 Whiteoaks Rd.
UP 91-01/Janovich
41 7/
3 8 8
~G/8
2 7/15
Ct.
41§/5
Woodord
64/46
Public Hearing before the Planning Commiss]
on February 26, 1991, adopted Resolution
Nos. 2737 and 2738, approving UP 91-01
and S 91-04, (6-0-1) Commissioner
Wilkinson being absent.
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