PC Res 3102RESOLUTION NO. 3102
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
TO ALLOW A 640 SQUARE FOOT SECONDARY LIVING UNIT ON
PROPERTY LOCATED AT 574 KENNETH AVENUE IN AN R-l-10
(SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT.
APPLICATION OF BILLY AND AMY GONZALES AND GAIL SEEDS.
UP 97-05.
After notification and public heating, 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 97-05:
The subject lot exceeds the minimum lot area of 12,000 square feet required for secondary
living units.
The proposed unit complies with all of the development standards permitting secondary
living units in an R-l-10 zoning district.
o
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 a simple rectangular shape,
a simple gabled roof line and masonite "wood" siding.
o
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. 3102
LIP 97-05 - 574 Kenneth Avenue - Billy and Amy Gonzales/Gail Seeds
Page 2
4. The proposed residential use is compatible with uses in the area.
The proposed condition requiring the undergrounding of utilities is infeasible and
impractical for this project.
Further, the applicants are notified as part of this application that they are required to comply
with all applicable Codes and Ordinances of the City of Campbell and the State of California
which pertain to this application and are not herein specified. And, that this approval is granted
subject to the following Conditions of Approval.
COMMUNITY DEVELOPMENT DEPARTMENT
1. Approved Project: Approval is granted for a Use Permit to allow a 640 square foot
secondary living unit on property located at 574 Kenneth Avenue. Project approval shall
substantially comply with project plans prepared by David R. Fox and Company,
Landscape Architecture, dated as received by the Community Development Department
on July 3, 1997, except as modified herein in the Conditions of Approval.
Design: Applicant shall replace the proposed decorative vertical siding under the gabled
roof element with a horizontal siding to match the rest of the unit's exterior.
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.
o
Building Division: The approved project must comply with all applicable building codes
as determined by the Campbell Building Official.
Development Approval Expiration: The Use Permit approval (UP 97-05) 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
or the Use Permit shall be void.
CENTRAL FIRE DISTRICT
7. Flagged Lots: Flagged lots shall conform with all access and water supply requirements
in accordance with Fire Code Article 9. Contact Fire Department for applicable mean of
compliance.
Planning Commission Resolution No. 3102
LIP 97-05 - 574 Kenneth Avenue - Billy and Amy Gonzales/Gail Seeds
Page 3
PUBLIC WORKS DEPARTMENT
8. Standard Street Improvements: Prior to issuance of any building permits for site, the
applicant shall cause plans for public improvements to be prepared, pay fees, post
securities and provide insurance necessary to obtain an R-1 encroachment permit for
construction of the improvements, as required by the City Engineer. The plans shall
include the following:
· Asphaltic concrete driveway approach
Grading and Drainage Plan: Prior to issuance of any grading, drainage or building permits
for the site, the applicant shall conduct hydrology studies, as necessary, prepare
REGULAR grading and drainage plans, and pay fees required to obtain necessary grading
permits as required by the Building Division. The plans shall comply with the 1994
edition of the UBC including Chapters 18 and 33.
10.
Storm Drain Area Fee: Prior to issuance of any grading, drainage, or building permits for
the site, the applicant shall be required to pay the then current storm drain area fee. The
current fee is $2,000 per acre or $803 for the subject property.
11.
Completion of Public Street Improvements: Prior to issuance of occupancy for the site,
all public street improvements as required by the encroachment permit must be
completed and accepted by the City Engineer and the applicant must provide the one-
year maintenance security.
12.
Storm Water Management: The applicant shall comply with California Storm Water
Best Management Practices Handbook, prepared by Storm Water Quality Task Force,
Santa Clara Valley Water District.
13.
Other Utilities: Install electrical and gas facilities in conformance with the requirements
of the Pacific Gas & Electric Company. Install telephone facilities in conformance with
the requirement of Pacific Bell.
14. 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.
15. San Tomas Area Neighborhood Plan: The proposed project shall comply with the San
Tomas Area Neighborhood Plan.
16. Sanitary_ Sewer Service: Install a sanitary sewer system to serve the additional living unit
in conformance with the requirements of the West Valley Sanitation District.
Planning Commission Resolution No. 3102
LIP 97-05 - 574 Kenneth Avenue - Billy and Amy Gonzales/Gail Seeds
Page 4
17. Water Service: Install a water distribution system to serve the additional living unit in
conformance with the requirements of the San Jose Water Company.
PASSED AND ADOPTED this 8~h day of July, 1997, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
ATTEStS-
Steve Piasecki,~Secretary
Alne, Gibbons, Jones, Keams,, Meyer-Kennedy
None
Lowe, Lindstrom
APPROVED: --
4~usan A. Keams, CMir