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PC Res 3165RESOLUTION NO. 3165 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A MODIFICATION TO THE REQUIRED SETBACK BETWEEN TWO BUILDINGS TO ALLOW THE CONSTRUCTION OF A TWO-STORY ADDITION TO THE REAR OF AN EXISTING RESIDENCE ON PROPERTY LOCATED 401 W. SUNNYOAKS AVENUE IN AN R-l-10 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT. APPLICATION OF MR. MATTHEW SPENCER. FILE NO. M 98- 03. After notification and public heating, 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 M 98-03: 1. The subject lot exceeds the minimum lot area of 10,000 square feet required for the R-I-10 zone by over 4,000 feet, and thereby provides extra open space. The location of the open space on the lot is so distributed, and the height of the second building is limited to one story that the granting of the modification will not result the area between the two building being perceived as a confined space, or result in a significant loss of sunlight or privacy. 3. The proposed addition complies with all other development standards in an R-l-10 zoning district. 4. The proposed development of the subject property complies with the policies and standards of the San Tomas Area Neighborhood Plan. o The proposed project is compatible with the surrounding neighborhood and incorporates architectural features found in the San Tomas Area, including building lines, gabled roofs and horizontal siding. 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 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. 4. The proposed residential use is compatible with uses in the area. Planning Commission Resolution No. 3165 M 98-03 - 401 W. Sunnyoaks Avenue - Modified Setback 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 modification to the required setback between two buildings on the same residential lot from 19 feet to 16 feet 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. Building Division: The approved project must comply with all applicable building codes as determined by the Campbell Building Official. o Development Approval Expiration: The Modification (M98-03) 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 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, Kearns, Lowe, Meyer-Kennedy None Lindstrom None / .'~-~ APPROVED:~- / / lJ DennisI~e, Chair Steve Piasecki, Secretary