PC Res 2997RESOLUTION NO. 2997
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 ON
PROPERTY LOCATED AT 1392 MUNRO AVENUE IN AN
R-l-9 (SINGLE FAMILY RESIDENTIAL) ZONING
DISTRICT. APPLICATION OF DAVID & JULIE MOORE.
FILE NO. UP 95-16.
After notification and Public Hearing as specified by law to approve a
Conditional Use Permit, 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 95-16:
The subject lot exceeds the minimum lot area of 12,000 square feet
required for secondary living units.
o
The proposed unit complies with all the development standards
permitting secondary living units and requirements of the R-l-9
Zoning District.
ge
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 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.
o
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:
Planning Commission Resolution No. 2997
UP 95-16 -- 1392 Munro Avenue -- Secondary Living Unit
Page 2
The proposed project is consistent with the General Plan and
zoning, and;
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.
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 1392 Munro Avenue.
Project approval shall substantially comply with project plans
prepared by Kathleen Williams dated July 7, 1995, except as modified
herein in the Conditions of Approval.
o
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.
Planning Commission Resolution No. 2997
UP 95-16 -- 1392 Munro Avenue -- Secondary Living Unit
Page 3
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10.
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.
Storm Drain Area Fee: The applicant shall pay a storm drainage area
fee prior to issuance of a Building Permit. Current amount is
$2,000.00 per acre.
Sanitary Sewer Service: Install a sanitary sewerage system to serve
all lots in conformance with the requirements of the West Valley
Sanitation District.
Water Service: Install a water distribution system to serve all lots in
conformance with the requirements of the San Jose Water
Company.
Other Utility Service: Install electrical and gas facilities in
conformance with the requirements of Pacific Gas & Electric
Company. Install telephone facilities in conformance with the
requirements of Pacific Bell. Install cable television facilities in
conformance with the requirements of TCI Cable.
Flood Control: Comply with the Santa Clara Valley Water District
requirements.
Grading and Drainage: Applicant shall provide preliminary grading
and drainage plans for approval by the Building Division. A grading
plan may be required for construction purposes subject to review of
the preliminary grading plan. The plan should show pad and floor
elevations.
Underground Utilities: Install electrical, telephone and cable
television facilities to the new structure underground in accordance
with provisions of Section 20.36.150 of the Campbell Municipal
Code and as required by the City Engineer, prior to occupancy.
Planning Commission Resolution No. 2997
UP 95-16 -- 1392 Munro Avenue -- Secondary Living Unit
Page 4
11.
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.
12.
Building/Fire Requirements: The approved project must comply
with all applicable building codes as determined by the Campbell
Building Official.
13. Fire Code: Provide an automatic residential fire sprinkler system
throughout all portions of the building per CFC 10.201 Ex #1.
14. San Tomas Area Plan: The property shall comply with San Tomas
Are Neighborhood Plan design standards.
15.
Property Maintenance: The property is to be maintained free of any
combustible trash, debris and weeds. (Section 11.201 & 11.414, 1985
Ed. Uniform Fire Code.)
16.
Uniform Building Code: (A) Comply with Uniform Building Code
(UBC) appendix Chapter 70 Excavation and Grading specifically
section 7014 and 7015 which requires no on-site water shall be
diverted to any other properties. (B) A final report by the Engineer
of record shall be submitted to the Building Division and must
comply with Section 7015 of the UBC along with the as built grading
plans.
17.
Development Approval Expiration: The Use Permit approval (UP
95-16) 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.
Planning Commission Resolution No. 2997
UP 95-16 -- 1392 Munro Avenue -- Secondary Living Unit
Page 5
PASSED AND ADOPTED this 12th day of September, 1995, by the
following roll call vote:
AYES:
Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
Alne, Higgins, Lindstrom, Lowe, Meyer-
Kennedy
None
Kearns
None
Steve Piasecki, Secretary