PC Res 3332RESOLUTION NO. 3332
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL, GRANTING A CONDITIONAL USE
PERMIT (PLN2001-05) TO ALLOW CONVERSION OF AN
EXISTING ACCESSORY BUILDING INTO A SECOND SINGLE-
FAMILY RESIDENCE ON PROPERTY LOCATED AT 1071 EL
SOLYO AVENUE IN AN R-l-6 (SINGLE FAMILY RESIDENTIAL)
ZONING DISTRICT. APPLICATION OF MR. GENE HAUN. FILE
NO. PLN2001-05.
After notification and public heating, as specified by law, and after presentation by the
Community Development Director, proponents and opponents, the heating was closed.
After due consideration of all evidence presented, the Planning Commission did find as follows
with respect to application PLN2001-05:
1. The subject lot of 15,695 square feet exceeds the minimum net lot area of 12,000 square feet
required for secondary living unit.
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The proposed unit complies with all of the development standards for secondary living units
in an R-l-6 zoning district.
The total gross floor area of the proposed unit is not limited to six hundred and forty square
feet in that the lot area exceeds 15,000 square feet.
The additional living unit is designed so that the appearance of the building remains that of a
single-family residence.
The project provides five covered and three uncovered parking spaces on-site.
The proposed project is compatible with the surrounding neighborhood.
The proposed project will contribute to the housing stock in the City of Campbell and serve
the housing needs of the community.
The existing secondary structure has a long history of being illegally converted and used as
an illegal four-unit apartment. In the absence of a reasonable access for inspections, there is a
tangible risk in light of the history of the structure that it could be used illegally again. The
risk of future illegal use would be mitigated by a condition that facilitates inspections of the
structure.
Planning Commission Resolution No. 3332
PLN2001-05 - 1071 E1 Solyo Avenue - Second Residential Unit
Page 2
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that, as conditioned:
1. The proposed project is consistent with the General Plan and Zoning Ordinance.
2. The proposed project will aid in the harmonious development of the immediate area.
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The establishment, maintenance or operation of the use applied for will not be detrimental to
the 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.
4. The proposed residential use is compatible with uses in the area.
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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 uses in the surrounding area.
6. The proposed site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic such use would generate.
The applicant is hereby notified, as part of this application, that he/she is required to meet the
following conditions in accordance with the ordinance of the City of Campbell and the State of
California. The lead department with which the applicant will work is identified on each
condition where necessary. Additionally, the applicant is hereby notified that he/she is required
to comply with all applicable Codes or Ordinances of the City of Campbell and the State of
California that pertain to this development and are not herein specified:
COMMUNITY DEVELOPMENT DEPARTMENT
1. Approved Prqiect: Approval is granted for a Use Permit to allow the conversion of an
existing attached accessory building into a secondary living unit of 2,628 square feet
including a 350 square foot garage on property located at 1071 E1 Solyo Avenue. Project
approval shall substantially comply with project plans dated as received by the
Community Development Department on January 17, 2001, and prepared by R. Woessner,
except as modified herein in the Conditions of Approval.
Development Approval Expiration: The Use Permit approval (UP 99-03) for this project
shall expire if not vested within a period of one year from the Planning Commission
approval. All conditions of approval specified herein must be completed within one year
from the date of approval or the Use Permit shall be void.
Planning Commission Resolution No. 3332
PLN2001-05 - 1071 E1 Solyo Avenue - Second Residential Unit
Page 3
Park Impact Fee: The applicant shall pay a Park Impact Fee of $10,990 for the new
secondary living unit, prior to issuance of a certificate of building occupancy.
Inspection: The interior and exterior of the secondary-unit shall be made available for
inspection by an agent of the City at anytime between 8:00 a.m. and 6:00 p.m. upon
providing the property owner and tenant with at least twenty-four hours advance notice by
one or more of the following means:
a. Telephone to the telephone number for the primary residence;
b. Posting a reasonably conspicuous notice in a reasonably conspicuous place on the
property;
c. Mailing a notice by first class United States Mail to 1071 E1 Soylo Avenue at least
four days in advance of the inspection; or
d. Any other means reasonably calculated to provide notice to the residents.
The property owner shall advise any tenant of any noticed inspection upon receipt of such
notice.
Failure to actually receive notice provided by this condition shall not be grounds for
refusal to allow the inspection.
The applicant additionally shall enter an agreement in a form and manner as determined
by the City Attorney agreeing to the terms of this condition and waiving any right to
object to the inspections. Among other terms, the agreement shall also provide that the
owner shall be responsible for any costs incurred in enforcing the provisions of this use
permit or any applicable law.
Deed Restriction: The applicant shall record a deed restriction, satisfactory to the City
Attorney, setting forth the following occupancy restrictions:
a. Not more than one (1) dwelling unit on the property shall be rented or leased;
b. The inspection provisions of condition 3.
c. The rear and side yards of the secondary living unit will be maintained in a clean and
sanitary condition and shall not be used for storage of equipment and building
materials beyond the 100 square feet permitted within the single family zoning district.
The deed restriction shall be recorded with the Santa Clara County Recorders Office and a
copy submitted to the Community Development Department, prior to issuance of building
permits.
Building Division: The approved project must comply with all applicable building codes
as determined by the Campbell Building Official.
Planning Commission Resolution No. 3332
PLN2001-05 - 1071 E1 Solyo Avenue - Second Residential Unit
Page 4
Driveway Improvements/Landscaping/Window Relocation/Bathroom Removal:
a. Prior to building occupancy the applicant shall provide a minimum 8' driveway
surface as required by section 21.50. 030 of the Campbell Municipal Code to the rear
garage.
b. A landscaping plan shall be submitted indicating how the rear and eastern side yard
will be enhanced to provide greater privacy to the adjacent residential use prior to
building occupancy.
c. The applicant shall submit revised architectural plans indicating:
1. Use translucent and soundproofing glass or equivalent material if not available
(to the satisfaction of the Community Development Director) of the two
windows on the eastern elevation on the second floor; and
2. Removal of the entire bathroom (sink, toilet, bathtub and/or shower) on the
first floor closest to the garage.
CENTRAL FIRE DISTRICT
7. Development Review: Review of this developmental proposal is limited to acceptability
of site access and water supply as they pertain to fire department operations, and shall not
be construed as a substitute for formal plan review.
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Required Fire Flow: Required fire flow for this project is 1000 GPM at 20 psi residual
pressure. The required fire flow is available from area water mains and fire hydrant(s),
which are spaced at the required spacing.
Premises Identification: Approved numbers or addresses shall be placed on all new and
existing buildings in such a position as to be plainly visible and legible from the street or
road fronting the property. Numbers shall contrast with their background.
PUBLIC WORKS DEPARTMENT
10. Utilities: All new on-site Utilities shall be installed underground per Section 20.36.150 of
the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant
shall comply with all plan submittals, permitting, and fee requirements of the serving utility
companies.
11.
Utility Installation Plan: Prior to issuance of building permits for the site, the applicant
shall submit a Utility Installation Coordination Plan and Schedule for approval by the City
Engineer for installation of street improvements and/or abandonment of all utilities.
Streets, which have been resurfaced within the previous 5 years, will require boring and
jacking for all new utility installations. The applicant shall also prepare pavement
restoration plans for approval by the City Engineer prior to any utility installation or
abandonment.
Planning Commission Resolution No. 3332
PLN2001-05 - 1071 E1 Solyo Avenue - Second Residential Unit
Page 5
12.
Proof of Ownership: Prior to issuance of any grading, drainage or building permits for the
site, the applicant shall provide a current preliminary title report, grant deed or other
satisfactory proof of ownership.
13.
Street Improvements Pursuant to a Minor Encroachment Permit: Prior to issuance of an
encroachment permit for the construction of any public street improvements in the public
right-of-way, the applicant shall cause plans to be prepared, post security and provide
insurance as required by the City Engineer. The fee for a minor non-utility encroachment
permit is $50.00. The plans shall include the following:
· Reconstruction of ADA compliant rolled curb and sidewalk, as determined by the City
Engineer.
· Construction of conforms to existing public and private improvements as necessary.
· Street tree with irrigation as determined by the City Engineer.
14.
Utilities: All new on-site Utilities shall be installed underground per Section 20.36.150 of
the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant
shall comply with all plan submittals, permitting and fee requirements of the serving utility
companies.
15.
Utility Installation Plan: Prior to issuance of building permits for the site, the applicant
shall submit a Utility Installation Coordination Plan and Schedule for approval by the City
Engineer for installation of street improvements and/or abandonment of all utilities.
Streets, which have been resurfaced within the previous five years, will require boring and
jacking for all new utility installations. Applicant shall also prepare pavement restoration
plans for approval by the City Engineer prior to any utility installation or abandonment.
PASSED AND ADOPTED this l0th day April, 2001, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Commissioners: Doorley, Francois, Gibbons, Hernandez, Jones, Lindstrom,
Lowe
Commissioners: None
Commissioners: None
Commissioners: None
' "~e'~ L~ndstr6m, Chair