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PC Res 3150RESOLUTION NO. 3150 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT TO ALLOW AN EXISTING 640 SQUARE FOOT SECONDARY LIVING UNIT ON PROPERTY LOCATED 1017 LUCOT WAY IN AN R-l-10 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT. APPLICATION OF MS. LINDA WALDON. FILE NO. UP 97-13. 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 97-13: 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-l-10 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. The proposed project is compatible with the surrounding neighborhood and incorporates architectural features found in the San Tomas Area, including wood siding and a simple gable roof line. 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. o 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. Planning Commission Resolution No. 3150 LIP 97-13 - 1017 Lucot Way - Secondary Living Unit Page 2 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 640 square foot secondary living unit on property located at 1017 Lucot Way. Project approval shall substantially comply with project plans dated as received by the Community Development Department on January 28, 1998 and prepared by Bruce G. Johnson, Architect, except as modified herein in the Conditions of Approval. Exterior Elevations: Prior to issuance of a certificate of occupancy for the unit, the applicant shall be required to remove the existing one-car garage door and modify the exterior siding of the unit to accommodate matching siding around the entire unit. o Landscaping: Prior to issuance of a certificate of occupancy for the unit, the applicant shall be required to provide a trellis structure along the east elevation of the building and plant landscaping in the form of clinging vines to grow onto the trellis, unless a six-foot high fence is installed along Vale Avenue to obscure the unit from the street. 4. Park Impact Fee: The applicant shall pay a Park Impact Fee of $5,635 for the secondary living unit prior to issuance of a certificate of building occupancy. o 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. 6. Building Division: The applicant shall be required to comply with all building code regulations as deemed necessary by the City's Building Official. o Development Approval Expiration: The Use Permit approval (LIP 97-13) 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. PUBLIC WORKS DEPARTMENT 8. Storm Drain Area Fee: Prior to issuance of any grading, drainage, or building permits for the site, the applicant shall pay the required the storm drain area fee of $2,000 per acre or $678. Planning Commission Resolution No. 3150 LIP 97-13 - 1017 Lucot Way- Secondary Living Unit Page 2 Underground 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 company. 10. Site Plan/Plot Plan: Prior to issuance of building permits, the applicant shall provide a revised complete site plan/plot plan which includes all information as requested by the Public Works Department. PASSED AND ADOPTED this l0th day of March, 1998, by the following roll call vote: AYES: Commissioners: NOES: ABSENT: ABSTAIN: ATTEST: Commissioners: Commissioners: Commissioners: Francois, Gibbons, Jones, Keams, Lindstrom, Meyer-Kennedy None Lowe NoneAPPROVED: ~~~ j Brad Jon~ting Chair Sharon Fierro, Acting Secretary