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PC Res 3085 RESOLUTION NO. 3085 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING THE REINSTATEMENT OF A PREVIOUSLY-APPROVED CONDITIONAL USE PERMIT (LIP 95-08) TO ALLOW THE CONSTRUCTION OF A SECONDARY LIVING UNIT ON PROPERTY LOCATED AT 1605 VAN DUSEN LANE IN AN R-l- 9 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT. APPLICATION OF MR. VERNON SWART, ON BEHALF OF SWART DEVELOPMENT CORP. FILE NO. R 97-02 (LIP 95-08) 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 R 97-02 (LIP 95-08): t. 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 the development standards permitting secondary living units and requirements of the R-1-9 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. 5. The proposed dwelling unit is architecturally compatible with the existing dwelling and the surrounding area subject to the conditions of approval. 6. The proposed development will contribute to the housing stock in the City of Campbell and serve the housing needs of the community. 7. the Use Permit (UP 95-08) The reinstatement application is consistent with previously approved by the Planning Commission. Based on the foregoing findings of fact, the Planning concludes that: Commission further finds and The proposed project is consistent with the General Plan and zoning. The proposed project will aid in the harmonious development of the immediate area. Planning Commission Resolution No. 3085 R 97-02 - 1605 Van Dusen Lane - Vernon Swart Page 2 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 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. The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions is in accordance with the ordinance of the City of Campbell and the State of California. 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: APPROVED PROJECT Approved Project: Approval is granted for reinstatement of a previously-approved Use Permit (UP 95-08) allowing a secondary living unit on property located at 1605 Van Dusen Lane. Project approval shall substantially comply with project plans prepared by Bruce Johnson stamp-dated March 18, 1997, except as modified herein in the Conditions of Approval and as specified below: mo Landscaping: Submit a revised site plan indicating landscape details providing screening along the front building elevation without windows prior to issuance of building permits. Park Impact Fee: The applicant shall pay a park impact fee of $5,635 for the new living unit (R 97-02) prior to issuance of a certificate of building occupancy. Deed Restriction: The applicant shall pay a deed restriction satisfactory to the City Attorney, setting forth occupancy restrictions stating that not more than one 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. Encroachment Permit: Obtain approval from Caltrans for any work in the public right-of-way. Applicant shall coordinate all work with the City of Campbell Public Works Department. Planning Commission Resolution No. 3085 R 97-02 - 1605 Van Dusen Lane -Vemon Swart Page 3 Property Maintenance: The property is to be maintained free of any combustible trash, debris and weeds until the time the actual construction commences (Section 11.201 & 11.414, 1985 Ed. Uniform Fire Code.) Grading and Drainage: (A) Applicant shall provide preliminary grading and drainage plans for approval by the City Engineer. A grading plan may be required for construction purposes subject to review of the preliminary grading plan. (B) The plan should show pad and floor elevations and finished grades from Pollard Road to Van Dusen Lane. The plans should indicate if additional parking utilties are required from Van Dusen and if there are no abutters rights to Pollard Road. Underground Utilities: installed underground Municipal Code. All electrical, telephone and cable television facilities to be in accordance with Section 20.36.150 of the Campbell o Parking and Driveways: All parking and driveway areas shall be developed in compliance with the standards in Chapter 21.50 of the Campbell Municipal Code. Building/Fire Requirements: The approved project must comply with all applicable building codes as determined by the Campbell Building Official. 10. Fire Code: Provide an automatic residential fire sprinkler system throughout all portions of the building per CFC 10.201 Ex #1. Comply with Fire Code Article 9. 11. Development Approval Expiration: The approval of Reinstatement (R 97-02) for Use Permit (UP 95-08) is valid for 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 Reinstatement of the Use Permit shall be void. PASSED AND ADOPTED this 22nd day of April, 1997, by the following roll call vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: Alne, Gibbons, Meyer-Kennedy None None None APPROVED: ATTESrT :~ ~N,~ v Steve"Piasecki; Secretary Jones, Kearns, Lindstrom, Lowe, S~tsan A Keams, Chmr