PC Res 3379RESOLUTION NO. 3379
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE
PERMIT (PLN2001-105) TO ALLOW A RESIDENTIAL ADDITION
AND CONSTRUCTION OF A SECONDARY LIVING UNIT ON
PROPERTY LOCATED AT 1450 VAN DUSEN LANE IN AN R-l-9
(SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT.
APPLICATION OF CHARLES AND LIZABETH WALTON. FILE
NO. PLN2001-105.
After notification and public hearing, as specified by law, and after presentation by the
Community Development 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 application PLN2001-105:
1. The development of the proposed project will result in a use that is consistent with the
General Plan designation of commercial uses for this area.
2. The proposed project involves the remodeling and expansion of an existing 2,835 square foot
building located on a net lot area of 15,203 square feet.
3. The proposed project would convert a portion of the existing house into an additional living
unit and expand the main house.
4. The net lot area of 15,203 square feet is large enough to accommodate an additional living
unit.
5. The completed project would consist of a 6,811 square foot building with a lot coverage of
30.8% and a floor-to-area (FAR) ratio of.448
6. The proposed project is consistent with the San Tomas Area Neighborhood Plan.
7. The proposed project is surrounded by houses of similar architectural styles and the house is
well designed and compatible with the surrounding neighborhood.
8. The proposed project provides for the protection of the mature on-site landscaping.
The project is not located in a particularly sensitive environment; and no substantial evidence
has been presented to suggest that there is a reasonable possibility that significant
environmental impacts would result from the project due to unusual circumstances or from
the cumulative impacts of successive projects of the same type in the same place.
Planning Commission Resomtion No. 3379
PLN2001-105 - 1450 Van Dusen Lane-Residential Addition and Secondary Living Unit
Page 2
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The proposed development and use is compatible with the General Plan of the City and will
aid in the harmonious development of the immediate area.
2. The proposed development is consistent with the City's Zoning Ordinance.
3. There is a reasonable relationship between the use of the fees imposed upon the project and
the type of development project.
4. There is a reasonable relationship between the need for the public facilities for which fees are
being imposed and the type of development project.
5. There is a reasonable relationship between the amount of the fees being imposed and the cost
of the public facilities attributable to the project.
6. There is a reasonable relationship and a rough proportionality between the Conditions of
Approval and the impacts of the project.
Where approval by the Director of Community Development, City Engineer, Public Works
Director, City Attorney or Fire Department is required, that review shall be for compliance with
all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and
regulations and accepted engineering practices for the item under review. 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
Planning Division
Approved Project: Approval is granted for a Site and Architectural Review Permit to allow
an addition to a two-story, single-family residence and a Use Permit for an attached
additional living unit on property located at 1450 Van Dusen Lane. Project approval shall
substantially comply with project plans and sample/materials board that were received by the
Planning Division on September 7, 2001, except as modified by the Conditions of Approval
herein.
Approval Expiration: Both the Site and Architectural Review Permit and Conditional Use
Permit approval shall be valid for one year from the date of final approval. Within this one-
year period a building permit must be obtained, and construction completed one year
thereafter. Failure to meet these deadlines will result in the Permits being void.
Planning Commission Reso~ation No. 3379
PLN2001-105 - 1450 Van Dusen Lane-Residential Addition and Secondary Living Unit
Page 3
Deed Restriction for Additional Living Unit: The applicant shall record a deed restriction,
satisfactory to the City Attorney, setting forth the occupancy restriction that not more than
one (1) dwelling unit on the property shall be rented or leased. 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. (Additional
Living Unit requirements are listed in Chapter 21.61.030 of the Campbell Municipal Code)
4. Fences: Any new or existing fencing shall comply with Section 21.59.090 of the Campbell
Municipal Code.
Property Maintenance: The property is to be maintained free of any combustible trash,
debris and weeds until the time that actual construction commences. Any vacant existing
structures shall be secured, by having windows boarded up and doors sealed shut, or be
demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform
Fire Code).
6. Parking and Driveways: All parking and driveway areas shall be developed in compliance
with the standards in Chapter 21.50 of the Campbell Municipal Code.
7. Landscaping: The applicant shall be required to maintain the landscaping as shown on the
Site Plan approved for this project.
o
Tree Protection Plan: The applicant shall submit a tree protection plan in accordance with
the City's Water Efficient Landscape Guidelines (WELS) and the Tree Preservation
Ordinance to indicate how trees to be retained on site will be protected during construction,
prior to issuance of building permits.
9. Park Impact Fee: The applicant shall pay a park impact fee of $7,035 for the additional
living unit prior to the issuance of a certificate of building occupancy.
Building Division
10. Permits Required: A building permit application shall be required for the proposed addition
to the existing structure. The building permit shall include Electrical/Plumbing/Mechanical
fees when such work is part of the permit.
11. Plan Preparation: This addition will require plans prepared under the direction and oversight
of a California licensed Engineer or Architect. When applicable, plans submitted for
building permits shall be "wet stamped" and signed by the qualifying professional person.
12. Construction Plans: The conditions of Approval shall be stated in full on the cover sheet of
construction plans submitted for building permit.
13. Size of Plans: The minimum size of construction plans submitted for building permits shall
be 24 in. X 36 in.
Planning Commission Reso,ation No. 3379
PLN2001-105 - 1450 Van Dusen Lane-Residential Addition and Secondary Living Unit
Page 4
14. Site Plan: Application for building permit shall include a competent site plan that identifies
property and proposed structures with dimensions and elevations as appropriate. Site plan
shall also include site drainage details.
15. Title 24 Energy Compliance: California Title 24 Energy Compliance forms CF-1R and MF-
1R shall be blue-lined on the construction plans. 8½ X 11 calculations shall be submitted as
well.
16. Special Inspections: When a special inspection is required by U.B.C. Section 1701, the
architect or engineer of record shall prepare an inspection program that shall be submitted to
the Building Official for approval prior to issuance of the building permits, in accordance
with U.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from
the Building Inspection Division Counter.
17. Water Quality: The City of Campbell, standard Santa Clara Valley Non-point Source
Pollution Control Program specification sheet shall be part of plan submittal. The
specification sheet (size 24" X 36") is available at the Building Division service counter.
18. Approvals Required: The project requires the following agency approval prior to issuance of
the building permit:
a. West Valley Sanitation District (378-2407)
b. Santa Clara County Fire Department (378-4010)
c. School District:
i. Campbell Union School District (378-3405)
ii. Campbell Union High School District (371-0960)
iii. Moreland School District (379-1370)
iv. Cambrian School District (377-2103)
Note: To Determine your district, contact the offices identified above. Obtain the
School District payment form from the City Building Division, after the Division
has approved the building permit application.
19. Utility Meter Limitations: City of Campbell Municipal Code limits the number of electrical
and gas meters to one per parcel in R-1 Zoning Districts. This project shall have no more
than one electric meter and one gas meter. (CMC 18.20.010)
PUBLIC WORKS DEPARTMENT
20. Preliminary Title Report: Prior to issuance of any grading or building permits for the site,
the applicant shall provide a current Preliminary Title Report.
21. Right-of-Way for Public Street Purposes: Prior to issuance of any grading or building
permits for the site, the applicant shall cause right-of-way to be granted for public street
purposes along Robnick Court to provide for 30 feet from centerline. The applicant shall
also cause additional Right-of-Way to be granted for Public Street Purposes along the Van
Planning Commission Reso~ation No. 3379
PLN2001-105 - 1450 Van Dusen Lane-Residential Addition and Secondary Living Unit
Page 5
Dusen Lane frontage to provide 5 feet from back of curb. The applicant shall cause all
documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the
City's review and recordation.
22. Street Improvements: Prior to issuance of any grading or building permits for the site, the
applicant shall execute a street improvement agreement and shall cause plans for public
Street Improvements to be prepared by a registered civil engineer, pay various fees and
deposits, post security and provide insurance necessary to obtain an encroachment permit for
construction of the standard public street improvements, as required by the City Engineer.
The fee for a non-utility encroachment permit application is currently $255.00. The plans
shall include the following:
a. Robnick Court and Van Dusen Lane
i. Construction of conforms to existing public and private improvements as necessary.
b. Robnick Court
i. Removal of existing curb, gutter, and other improvements as necessary to construct
an ADA compliant driveway approach.
ii. Modification of the abutting driveway to the northwest to accommodate the new
approach, as determined by the City Engineer.
c. Van Dusen Lane
i. Removal of existing improvements as necessary to construct an ADA compliant
driveway approach.
ii. Installation of curb and gutter from the driveway approach to the northerly property
line.
23. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer
cleanout(s) shall be installed on private property behind the public right-of-way line.
24. 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.
25. 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. Applicant shall also prepare pavement restoration plans for
approval by the City Engineer prior to any utility installation or abandonment.
26. Storm Drain Area Fee: Prior to issuance of any grading or building permits for the site, the
applicant shall pay the required Storm Drain Area fee, which is $2,000/acre, if not previously
paid.
Planning Commission Resomtion No. 3379
PLN2001-105 - 1450 Van Dusen Lane-Residential Addition and Secondary Living Unit
Page 6
PASSED AND ADOPTED this 9th day of October, 2001, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Sharon Fierro, Secretary
Alderete, Doorley, Gibbons, Hernandez, Jones and Leonard
None
Francois
None
APPROVED: (~ing Chair