CC Resolution 9885
RESOLUTION NO. --.9..8.85
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL UPHOLDING AN APPEAL AND OVERTURNING
THE PLANNING COMMISSION'S DENIAL OF A VARIANCE
(PLN2001-40) TO THE GARAGE SETBACK TO ALLOW A
RESIDENTIAL ADDITION ON PROPERTY LOCATED AT 1353
CAMEO DRIVE IN AN R-1-6 (SINGLE FAMILY RESIDENTIAL
ZONING DISTRICT. APPEAL AND APPLICATION OF DOUG
AND LORRI WATSON. FILE NO. PLN2001-40.
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 City Council does find as follows with
respect to application PLN2001-40:
1. The proposed project is consistent with the Single-Family Residential and Parking and
Loading Zoning Ordinances, with the approval of a variance to allow a 19-foot, six-inch
setback to the garage.
2. The strict interpretation of the 25-foot setback for a garage creates a hardship for this
particular lot.
3. The proposed project IS consistent with the Low Density Residential General Plan
Designation.
4. Granting of the variance does not create a pedestrian or vehicular safety problem due to the
effective setback of25 feet from the public street right-of-way.
5. Approval of the variance would not be a granting of a special privilege that is contrary to the
intent or purpose of the zoning regulations or the General Plan.
Based upon the foregoing findings of fact, the City Council further finds and concludes that
subject to the Conditions of Approval:
1. Strict or literal interpretation and enforcement of the required setback to the garage would
result in practical difficulty or unnecessary physical hardship inconsistent with the objectives
of the Zoning Ordinance.
2. There are exceptional or extraordinary circumstances or conditions applicable to the property
involved which do not apply generally to other single-family residential properties.
3. Strict or literal interpretation and enforcement of the garage setback requirement would
deprive the applicant of privileges enjoyed by the owners of other single-family residential
properties.
City Council Resolution Granting Appeal and Overturning Planning Commission Action
PLN2001-40 -1353 Cameo Drive (Variance for Garage Setback)
Page 2
4. The granting of the variance will not constitute a grant of special privilege inconsistent with
the limitation on other properties classified in the single-family residential zoning district.
5. Granting of the variance will not be detrimental to the public health, safety, or welfare, or
materially injurious to properties or improvements in the vicinity.
WHEREFORE, the City Council hereby resolves to uphold the appeal and approve the
applicant's request for a Variance, subject to the following Conditions of Approval.
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
PLANNING DIVISION:
1. Approved Project: Approval is granted for a Variance to allow the construction of a 709
square-foot addition to an existing single-family residence at 1353 Cameo Drive. Project
approval shall substantially comply with project plans prepared by Wiley Building Design,
that were received by the Planning Division on May 14, 2001, except as modified by the
Conditions of Approval herein.
2. Mechanical Equipment: All roof mounted and ground mounted equipment, i.e. air
conditioning units, shall be screened with architecturally compatible materials and located to
minimize any negative visual impact, subject to approval by the Community Development
Director, prior to the issuance of building permits.
3. Variance Approval Expiration: The Variance approval (PLN2001-40) for this project is valid
for a period of one (1) 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 permit shall be void.
4. 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.
5. Property Maintenance: The property is to be maintained free of any combustible trash,
debris and weeds at all times.
City Council Resolution Granting Appeal and Overturning Planning Commission Action
PLN2001-40 - 1353 Cameo Drive (Variance for Garage Setback)
Page 3
6. Storage of Boat in Garage: The boat shall be stored in the garage at all times, except for short
periods (not to exceed 24 hours) to allow for washing or trip preparation.
BUILDING DIVISION:
7. Permits Required: A building permit application shall be required for the proposed structure.
The building permit shall include Electrical/Plumbing/Mechanical fees when such work is
part of the permit. Prior to performing any work, the applicant shall make application to, and
receive from, the Building Division, all applicable construction permits.
8. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of
construction plans submitted for building permit.
9. Size of Plans: The maximum size of construction plans submitted for building permits shall
be 24 inches by 36 inches.
10. Site Plan: Application for building permit shall include an accurate site plan that identifies
property lines and proposed structures with dimensions and elevations as appropriate. The
site plan shall also include site drainage details.
11. Title 24 Energy compliance: California Title 24 Energy Standards Compliance forms CF-lR
and MF-IR shall be blue-lined on the construction plans. 8.5 by 11 calculations shall be
submitted as well.
12. 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.
13. Non-Point Source Pollution Control: 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" by 36") is available at the Building Division
service counter.
14. Approvals Required: The project requires the following agency clearances prior to issuance
of the building permit:
a. West Valley Sanitation District (378-2407)
b. Santa Clara County Fire Department (378-4010)
c. School Districts:
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)
.
City Council Resolution Granting Appeal and Overturning Planning Commission Action
PLN2001-40 - 1353 Cameo Drive (Variance for Garage Setback)
Page 4
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.
PTTRT.I(' WORKS DEP A RTMll.NT
15. TTtilitiec;. 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
compames.
16. Storm nr::lin A rp::I Fpp. Prior to the issuance of any grading or building permits for the site,
the applicant shall pay the required Storm Drain Area fee, which is $405.00.
PASSED AND ADOPTED this.l9.tlL day
,Tllnp
, 2001, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Furtado, Kennedy, Burr, Watson, Dean
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
APPROVED:
Ma
ATTEST:
tZ-
. UV~
Anne Bybee, City Clerk