PC Res 3124RESOLUTION NO. 3124
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT TO
ALLOW THE CONSTRUCTION OF A SECONDARY LIVING UNIT
WITH ATTACHED ONE-CAR GARAGE ON PROPERTY LOCATED AT
856 EMORY AVENUE IN AN R-1-16 (SINGLE FAMILY RESIDENTIAL)
ZONING DISTRICT. APPLICATION OF MR. MARVIN WILLIAMS.
FILE NO. UP 97-12.
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 97-12:
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-1-16 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 hipped roof line and stucco building exterior walls.
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. 3124
UP 97-12 - 856 Emory Avenue - Secondary Living Unit
Page 2
4. The proposed residential use is compatible with uses in the area.
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
COMMUNITY DEVELOPMENT DEPARTMENT
1. Approved Project: Approval is granted for a Use Permit to allow up to a 640 square foot
secondary living unit on property located at 856 Emory Street. Project approval shall
substantially comply with project plans prepared by Marvin Williams dated received
October 8, 1997 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.
o
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.
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 (LIP 97-12) 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.
PUBLIC WORKS DEPARTMENT
6. Standard Street Improvements: Prior to occupancy the applicant shall obtain an R-1
encroachment permit for construction of an AC driveway approach within the public right-
of-way.
o
Storm Drain Area Fee: Prior to issuance of any grading, drainage, or building permits for
the site, the applicant shall pay the storm drain area fee of $200 per acre, or $743.62
Planning Commission Resolution No. 3124
UP 97-12 - 856 Emory Avenue - Secondary Living Unit
Page 3
o
Underground 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 provide evidence from all utility companies that the application
as proposed can be served. Applicant shall comply with all plan submittals, permitting,
and fee requirements of the serving utility company.
Applicant shall submit a Utility Coordination Plan and Schedule for approval by the City
Engineer for installation of all utilities. The Plan shall minimize the damage to all public
facilities.
Storm Water Management: 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.
BUILDING DEPARTMENT
10. Sewer Fee: Prior to issuance of the building permit for the secondary dwelling unit, the
applicant shall pay a sewer fee of $550.
PASSED AND ADOPTED this 14th day of October, 1997, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Gibbons, Jones, Kearns, Lindstrom, Lowe, Meyer-Kennedy
None
None
None
APPROVED:
8'usan A. Keams, ChSafr
ATTEST:
'S1Yaron Fierro, Acting Secretary