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PC Res 3184RESOLUTION NO. 3184 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 550 CHAPMAN DRIVE IN AN R-l-10 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT. APPLICATION OF BILL AND LAURIE WOODFILL. FILE NO. UP 98-05. After notification and public hearing, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the heating was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application UP 98-05: The subject lot exceeds the minimum net lot area of 12,000 square feet required for additional living units. ° The proposed unit complies with all of the development standards for additional living units in an R-l-10 zoning district. The proposed development of the subject property complies with the policies and standards of the San Tomas Area Neighborhood Plan. ° 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. o 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. 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. Planning Commission Resolution No. 3184 LIP 98-05 - 550 Chapman Drive - Bill and Laurie Woodfill 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 640 square foot additional living unit with an attached 340 square foot, one-car garage on property located at 550 Chapman Drive. Project approval shall substantially comply with project plans prepared by Bruce Johnson, AIA and dated August 14, 1998, except as modified herein in the Conditions of Approval. Park Impact Fee: The applicant shall pay a Park Impact Fee of $5,635 for the new living unit prior to issuance of a certificate of building occupancy. 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. Development Approval Expiration: The Use Permit approval (UP 98-05) 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 on or before September 22, 1999 or the Use Permit shall be void. o Tree Protection Plan: A tree protection plan prepared by a licensed arborist shall be submitted to the Planning Division providing tree protection measures during all phases of demolition, grading and construction. BUILDING DIVISION 6 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. Planning Commission Resolution No. 3184 LIP 98-05 - 550 Chapman Drive - Bill and Laurie Woodfill Page 3 C. The approved project must comply with all applicable building codes as determined by the Campbell Building Official. PASSED AND ADOPTED this 22nd day of September, 1998, by the following roll call vote: AYES: Commissioners: Francois, Gibbons, Jones, Keams, Lindstrom, Lowe, Meyer-Kennedy NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None //~?, i..,f ~ . Denms Lowe, Chmr ATTEST~~~ Steve Piasecki, Secretary