PC Res 3189RESOLUTION NO. 3189
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT TO
ALLOW THE CONSTRUCTION OF AN ADDITIONAL LIVING UNIT ON
PROPERTY LOCATED 1405 HARRIET AVENUE IN AN R-l-9 (SINGLE
FAMILY RESIDENTIAL) ZONING DISTRICT. APPLICATION OF MR.
ROD HANSELL FILE NO. UP 98-06.
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 98-06:
1. The subject lot exceeds the minimum lot area of 12,000 square feet required for additional
living units.
2. The proposed unit complies with all of the development standards permitting additional
living units in an R-l-9 and Planned Development zoning districts.
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.
5. 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.
4. The proposed residential use is compatible with uses in the area.
Planning Commission Resolution No. 3189
UP 98-06 - 1405 Harriet Avenue - Rod Hansell
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 620 square foot additional
living unit on property located at 1405 Harriet Court. Project approval shall substantially
comply with project plans prepared by Augustine Designs dated 8/6/98, except as modified
herein in the Conditions of Approval.
Building Plan Modifications: The building plans shall be modified to reflect the following
changes to carport/garage structure attached to the secondary dwelling unit:
a) Carport Dimensions: Increase the depth of the structure to 20 feet.
b) Carport Setback: The applicant shall modify the building plans be increasing the setback
of the carport from Van Dusen Lane by five feet (25 feet total required).
c) Garage Door: The applicant shall provide a garage door to fully enclose the structure.
2. 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 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.
Deed Restriction: The applicant shall record a deed restriction, satisfactory to the City
Attorney, setting forth occupancy restrictions stating that the main dwelling shall be used at
all times for a single family residence consistent with the provisions of the R-1 (Single
Family Residential) ordinance. The deed restriction shall be recorded with the Santa Clara
County Recorders Office and a copy submitted to the Community Development Department
prior to the issuance of a Certificate of Occupancy.
5. Building Division: The approved project must comply with all applicable building codes as
determined by the Campbell Building Official.
Planning Commission Resolution No. 3189
LIP 98-06 - 1405 Harriet Avenue - Rod Hansell
Page 3
Development Approval Expiration: The Use Permit approval (UP 98-06) 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.
CENTRAL FIRE DISTRICT
7. Premise Identification: Approved numbers or addresses shall be place on all new and
existing buildings in such a position as to be plainly visible and legible from the street road
fronting the property. Numbers shall contrast with their background and be minimum of four
inches in height. Particular attention shall be given to the address placement/location of the
granny unit. Since unit is accessed and is primarily oriented toward Van Dusen Lane, address
identification should reflect the Van Dusen location. Prior to the building permit application,
the new address shall be identified and reviewed with the Fire District.
PUBLIC WORKS DEPARTMENT
8. San Tomas Area Neighborhood Plan: The applicant shall comply with San
Neighborhood Plan design standards.
Tomas
Standard Street Improvements: Prior to issuance of any building permits by the City of
Campbell, the applicant shall obtain an encroachment permit from Caltrans/Santa Clara
Traffic Authority for construction of the improvements proposed within Van Dusen Lane,
such as a new driveway approach and utility services.
10. Water Meters and Sewer Clean Outs: All new water meters and sewer cleanouts shall be
installed on private property behind the public right-of-way line.
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
company.
12. Storm Drain Area Fee: Prior to issuance of any grading, drainage, or building permits for the
site, the applicant shall pay the required Storm Drain Area fee for any portion of the site not
previously paid. The current fee is $2,000.00/acre.
13. National Pollution Discharge Elimination System: Prior to issuance of any grading or
building permits, the applicant shall comply with the California Storm Water Best
Management Practices handbook prepared by the Storm Water Quality Task Force, Santa
Clara Valley Water District and the City of Campbell Municipal Code regarding storm water
pollution prevention.
Planning Commission Resolution No. 3189
UP 98-06 - 1405 Harriet Avenue - Rod Hansell
Page 4
PASSED AND ADOPTED this 13~' day of October, 1998, by the following roll call vote:
AYES: Commissioners:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
APPROVED:
ATTEST ~ _ . _ ·
Steve Piasecki, Secretary
Francois, Gibbons, Jones, Kearns, Lindstrom,
Meyer-Kennedy
None
Lowe
None
Bra~ Jones~ing Chair