PC Res 2980RESOLUTION NO. 2980
BEING A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF CAMPBELL APPROVING
A CONDITIONAL USE PERMIT TO ALLOW 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. BRUCE JOHNSON, ON BEHALF
OF SWART DEVELOPMENT COMPANY. FILE NO. UP 95-
08.
After notification and Public Hearing as specified by law on the
application of Mr. Bruce Johnson, on behalf of Swart Development
Company, to approve a Conditional Use Permit to allow a secondary
living unit on property located at 1605 Van Dusen Lane, and after
presentation by the Community Development Director, proponents and
opponents, the hearing was dosed.
After due consideration of all evidence presented, the Planning
Commission did find as follows with respect to File No. UP 95-08:
The Planning Commission finds as follows with regard to File No. UP 95-
08:
The subject lot exceeds the minimum lot area of 12,000 square feet
required for secondary living units.
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The proposed unit complies with all the development standards
permitting secondary living units and requirements of the R-l-9
Zoning District.
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The proposed development of the subject property complies with
the policies and standards of the San Tomas Area Neighborhood
Plan.
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The total gross floor area of the proposed unit is no more that six
hundred and forty square feet and contains no more than one
bedroom.
The proposed dwelling unit is architecturally compatible with the
existing dwelling and the surrounding area subject to the
modifications recommended by staff and the Site and Architectural
Review Committee.
Planning Commission Resolution No. 2980
UP 95-08 -- 1605 Van Dusen Lane
Adopted on lune 13, 1995
Page 2
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The proposed development will contribute to the housing stock in
the City of Campbell and serve the housing needs of the
community.
Based upon the foregoing findings of fact, the Planning Commission
further finds and concludes that:
The proposed project is consistent with the General Plan and
zoning, and;
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The proposed project will aid in the harmonious development of
the immediate area;
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.
4. The proposed residential use is compatible with uses in the area.
Further, the applicant is notified as part of this application that the
applicant is required to meet the following conditions in accordance with
the Ordinances of the City of Campbell and the State of California. The
lead department with which the applicant will work is identified on each
condition. 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 USE
1. Approved Project: Approval is granted for a Use Permit 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 dated January 24, 1995, except as modified
herein in the Conditions of Approval and as specified below:
A. Porch Treatment: Increase the width of support posts
to front porch element.
Planning Commission Resolution No. 2980
UP 95-08 -- 1605 Van Dusen Lane
Adopted on ]une 13, 1995
Page 3
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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 (UP 95-08) 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 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.
Property Maintenance: The property is to be maintained free of any
combustible trash, debris and weeds, until the time that 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 public
utilities are required from Van Dusen Lane and if there are no
abutters rights to Pollard Road.
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.
Planning Commission Resolution No. 2980
UP 95-08 -- 1605 Van Dusen Lane
Adopted on June 13, 1995
Page 4
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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.
11.
Development Approval Expiration: The Use Permit approval (UP
95-08) 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.
PASSED AND ADOPTED this 13th day of June, 1995, by the following roll
call vote:
AYES:
NOES:
ABSENT:
Commissioners:
Commissioners:
Commissioners:
Alne, Higgins, Lindstrom, Lowe,
Meyer-Kennedy, Perrine
None
Kearns
APPROVE~
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