PC Res 3215RESOLUTION NO. 3215
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (UP
98-14) TO ALLOW A SECONDARY LIVING UNIT WITH ATTACHED
THREE-CAR GARAGE ON PROPERTY LOCATED AT 738 FILBERT
WAY IN AN R-l-6 (SINGLE FAMILY RESIDENTIAL) ZONING
DISTRICT. APPLICATION OF GERRY GARTH HORN. FILE NO. UP
98-14.
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 UP 98-14:
1. The subject lot exceeds the minimum net lot area of 12,000 square feet required for
secondary living units.
2. The proposed unit complies with all of the development standards for secondary living units
in an R-1-6 zoning district.
3. The proposed development of the subject property complies with the policies and standards
of the San Tomas Area Neighborhood Plan.
4. The total gross floor area of the proposed unit is no more than six hundred and forty square
feet and contains no more than one bedroom.
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The proposed project is compatible with the surrounding neighborhood and incorporates
architectural features found in the San Tomas Area, including horizontal siding, simple style
windows, and a composition shingle roof.
6. The proposed project will contribute to the housing stock in the City of Campbell and serve
the housing needs of the community.
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
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.
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.
Planning Commission Resolution No. 3215
UP 98-14 - 738 Filbert Way - Secondary Living Unit
Page 2
4. The proposed residential use is compatible with uses in the area.
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 Project: Approval is granted for a Use Permit to allow a 520 square foot secondary
living unit with an attached three-car garage, on property located at 738 Filbert Way. Project
approval shall substantially comply with project plans dated as received by the Community
Development Department on November 11, 1998, and prepared by Louis Dorcich, Architect,
except as modified herein in the Conditions of Approval.
2. Park Impact Fee: The applicant shall pay a Park Impact Fee of $5,635 for the new secondary
living unit prior to issuance of a certificate of building occupancy.
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Deed Restriction: Applicant shall record a deed restriction, satisfactory to the City Attorney,
setting forth occupancy restrictions stating 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.
Building Division:
a. The applicant shall provide a modified one (1) hour separation between the garage
and living unit per UBC 302.4.
b. The applicant shall be required to obtain a West Valley Sanitation permit for
connection to the sewer system, prior to issuance of building permits.
c. The approved project must comply with all applicable building codes as determined
by the Campbell Building Official.
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Development Approval Expiration: The Use Permit approval (UP 98-14) for this project is
valid for 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. 3215
UP 98-14 - 738 Filbert Way - Secondary Living Unit
Page 3
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Landscape Plan/Tree Protection: Prior to the issuance of demolition or building permit
applicant to submit three copies of a landscaping and tree protection plan for review and
approval of the Community Development Director. Tree protection and replacement shall be
consistent with the Tree Preservation Ordinance
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 to determine compliance with adopted model
codes.
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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.
Required Access to Buildings: Portions of the structure(s) are greater than 150 feet of travel
distance along an accessible travel path from an approved fire apparatus access roadway or
driveway. Provide an approved fire apparatus roadway/driveway and approved turn-around
OR provide an approved type residential fire sprinkler system throughout all portions of the
building (Applicant has indicated an intent to install an approved residential fire sprinkler
system).
PUBLIC WORKS DEPARTMENT
10. Encroachment Permit: Prior to the construction of any improvements in the public right-of-
way an Encroachment Permit must be obtained from the City of Campbell.
11. 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.
12. 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 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.
13. 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. The current fee is $2,000 per acre or
$468.
Planning Commission Resolution No. 3215
UP 98-14 - 738 Filbert Way - Secondary Living Unit
Page 4
PASSED AND ADOPTED this 12th day of January, 1999, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Steve Piasecki, Secretary
Francois, Gibbons, Jones, Kearns, Lindstrom, Lowe
None
None ~~
None
APPROVED: /
Brad Jones, Ch~