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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. .... ~. / ~ ~- ? .~ I ~.. _,. ~: L.._~__._z ....