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