PC Res 3164RESOLUTION NO. 3164
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT TO
ALLOW A SECONDARY LIVING UNIT ON PROPERTY LOCATED 401
W. SUNNYOAKS AVENUE IN AN R-l-10 (SINGLE FAMILY
RESIDENTIAL) ZONING DISTRICT. APPLICATION OF MR.
MATTHEW SPENCER. FILE NO. UP 98-03.
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 98-03:
1. The subject lot exceeds the minimum lot area of 12,000 square feet required for secondary
living units.
2. The proposed unit complies with all of the development standards permitting secondary
living units in an R-l-10 zoning district with a modification as allowed by M 98-03.
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 five hundred forty-four square feet and
contains one bedroom.
o
The proposed project is compatible with the surrounding neighborhood and incorporates
architectural features found in the San Tomas Area, including a simple rectangular shape, a
simple gabled roof line and lap wood siding.
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 secondary living unit 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. 3164
UP 98-03 - 401 W. Sunnyoaks Avenue - 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 544 square foot
secondary living unit on property located at 401 W. Sunnyoaks Avenue. Project approval
shall substantially comply with project plans prepared by Matthew Spencer (M.H.S.), dated
3/27/98, 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 secondary
living unit prior to issuance of any building permit.
Deed Restriction: Applicant shall record a deed restriction, satisfactory to the City Attorney,
setting forth occupancy restrictions stating than 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.
4. Building Division: The approved project must comply with all applicable building codes as
determined by the Campbell Building Official.
o
Development Approval Expiration: The Use Permit approval (UP 98-03) 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 permits
shall be void.
PUBLIC WORKS DEPARTMENT
6. Street Improvements: Prior to issuance of building permits, the applicant shall obtain an R-1
encroachment permit to install the street trees and irrigation.
7. Storm Drain Area Fee: Prior to issuance of any building permit for the site, the applicant
shall pay the required Storm Drain Area fee. The current fee is $2,000.00 per acre or $793.00
Planning Commission Resolution No. 3164
UP 98-03 - 401 W. Sunnyoaks Avenue - Secondary Living Unit
Page 3
PASSED AND ADOPTED this 12th day of May, 1998, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Francois, Gibbons, Jones, Keams, Lowe,
Meyer-Kennedy
None
Lindstrom
None