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PC Res 3031RESOLUTION NO. 3031 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT TO ALLOW AN ADDITIONAL LIVING UNIT AND A VARIANCE TO EXCEED THE 14 FOOT HEIGHT LIMITATION FOR AN ADDITIONAL LIVING UNIT FOR PROPERPTY LOCATED AT 1228 HARRIET AVENUE IN AN R-1-9-H (SINGLE FAMILY RESIDENTIAL/HISTORIC OVERLAY) ZONING DISTRICT. APPLICATION OF DAVE AND DONEL ROGERS. UP 96-04/V 96-01. After notification and public hearing, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. Atter due consideration of all evidence presented, the Planning Commission did find as follows with respect to application UP 96-04/V 96-01: 1. The proposed dwelling unit is architecturally compatible with the existing historic landmark dwelling and the surrounding area. 2 The subject property exceeds the minimum lot area of 250% or 22,500 square feet for R-1-9 lots to allow an additional living unit to exceed 640 square feet. 3. The proposed additional living unit is in keeping with the intent and policies of the San Tomas Area Neighborhood Plan. 4. The proposed dwelling unit complies with all the development standards permitting additional living units and requirements of the R-l-9 Zoning District with the exception of the height provisions. 5 The two-story height of the structure is pre-determined by the Neo-classical architectural style of the unit. 6. The Variance request is reasonable and necessary in order to facilitate the preservation of the Carriage House within it's original context as part of the Littleton-Martin farm complex. - 7. The proposed site plan for the Carriage House minimizes privacy impacts to existing neighbors, is appropriately set back from the main structure and continues the building facade rhythm of the five new homes that will be constructed on the adjacent property. Planning Commission Resolution No. 3031 UP 96-04/V 96-01 -- 1228 Harriet Avenue Page 2 The proposed development will contribute to the housing stock in the City of Campbell and serve the housing needs of the community. The property provides four on-site parking spaces with the provision of the new garage structure. 10. The height of the Carriage House is original and is not a condition that is self- imposed by the applicant. 11. Not more than one dwelling unit on the property shall be rented or leased. Based upon 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; 2. The proposed project will aid in the harmonious development of the immediate area; The establishment, maintenance or operation of the use which the applicant has applied for will not be detrimental to the public 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. The proposed site is adequate in size and shape to accommodate the yard, walls, fences, parking facilities, landscaping and other development features required in order to integrate said use with uses in the surrounding area. 6. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such use would generate. Strict or literal interpretation in enforcement of the specified regulation would result in a practical difficulty or unnecessary hardship inconsistent with the objectives of the zoning ordinance. There are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property which do not apply generally to other properties classified in the same zoning district. Planning Commission Resolution No. 3031 UP 96-04/V 96-01 -- 1228 Harriet Avenue Page 3 Strict or literal interpretation in enforcement of the specified regulation will deprive the applicants of privileges enjoyed by the owners of other properties classified in the same zoning district. 10. The granting of a Variance will not constitute a special privilege inconsistent with the limitation on other properties classified in the same zoning district. 11. Granting of the Variance will not be detrimental to the public 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 vicinity. 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. Approved Project: Approval is granted for a Use Permit allowing an additional living unit on property located at 1228 Harriet Avenue and a Variance to exceed the 14- foot height limitation for the structure. Project approval shall substantially comply with project plans prepared by Dave Rogers detailing the "Carriage House" structure associated with the Littleton-Martin House. This specific structure is the only approved structure allowed for relocation and use as an additional living unit under this approval, except as modified herein in the Conditions of Approval and as specified below: A. Entry Treatment: Provide new support posts to east side entry element. Bo Landscaping: Submit a revised site plan indicating landscape details providing screening for the front yard area and along the rear property line prior to issuance of building permits. Co Garage Building: Submit elevations and building details for a two-car garage as indicated on the approved site plan. The proposed design should be architecturally compatible with the other structure on the subject property. Plans shall be referred to the Historic Preservation Board for review and approval, and subject to approval by the Community Development Director. The garage shall be constructed prior to occupancy of the additional living unit. Planning Commission Resolution No. 3031 UP 96-04/V 96-01 -- 1228 Harriet Avenue Page 4 o o o 10. Park Impact Fee: The applicant shall pay a Park Impact Fee of $5,635 for the new living unit (UP 96-04) prior to issuance of a certificate of occupancy. Deed Restrictions: Applicant shall record 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 Recorder's Office and a copy submitted to the Community Development Department prior to issuance of building permits. Storm Water Management: Comply with California Storm Water Best Management Practices Handbook, prepared by the Storm Water Quality Task Force, Santa Clara Valley Water District. Property Maintenance: The property is to be maintained free of any combustible trash, debris and weeds, unit the time that actual construction commences. (Section 11.201 & 11.414, 1985 Ed. Uniform Fire Code.) Grading and Drainage: Prior to issuance of building permits, the applicant shall provide engineered grading and drainage plans for the subject property. The plan shall include hydrology studies as necessary to demonstrate on-site grading and drainage. If a grading permit is required, the applicant shall prepare plans and pay fees required to obtain necessary grading permits. Underground Utilities: All electrical, telephone and cable television facilities to be installed underground in accordance with Section 20.36.150 of the Campbell Municipal Code. Applicant shall provide evidence from all utility companies that the application as proposed can be served. Applicant shall comply with all necessary plan submittals, permitting and fee requirements. Parking/Driveways and Driveway Access: All parking and driveway areas shall be developed in compliance with the standards in Chapter 21.50 of the Campbell Municipal Code. Single Access: The site shall have only one driveway approach from the parcel to the future public street. Building/Fire Requirements: The approved project must comply with all applicable building codes as determined by the Campbell Building Official. Fire Code Requirements: Provide on-site fire hydrant or provide an approved residential fire sprinkler system throughout all portions of the building. Planning Commission Resolution No. 3031 UP 96-04/V 96-01 -- 1228 Harriet Avenue Page 5 11. Development Approval Expiration: The Use Permit approval (UP 96-04) 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. 12. Site Construction ho Construction and Equipment: Applicant shall utilize construction equipment which adequately levels the noise in accordance with Section 18.02.030 of the City of Campbell Municipal Code. Bo Construction Hours: Hours of construction shall be limited to 8 a.m. to 5 p.m., Monday through Friday, and from 9 a.m. to 4 p.m. , Saturdays for non- owner/builder. No construction is permitted on Sundays or Holidays by non- owner/builder. Hours for construction for an owner/builder shall be limited to 6 a.m. to 7 p.m., Monday through Saturday and from 8 a.m. to 6 p.m. on Sunday. PASSED AND ADOPTED this 11m day of June, 1996, by the following roll call vote: AYES: Commissioners: Alne, Jones, Kearns, Lindstrom, Lowe, Meyer-Kennedy NOES: Commissioners: None ABSENT: Commissioners: Gibbons ABSTAIN: Commissioners: None /~ /r~ Mci Lihdstro Chair