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.
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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.
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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
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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
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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.
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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