Variance - Maki Swim School - 2016RESOLUTION NO. 4286
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A VARIANCE (PLN2016-
69) TO APPLICABLE DEVELOPMENT STANDARDS PROVIDED IN
CAMPBELL MUNICIPAL CODE SEC. 21.08.070 (R-3 MULTIPLE-
FAMILY ZONING DISTRICT), CH. 21.18 (SITE DEVELOPMENT
STANDARDS), AND SEC. 21.36.020 (ACCESSORY
STRUCTURES) TO FORMALIZE CONSTRUCTION OF AN
UNPERMITTED SWIMMING POOL ENCLOSURE IN
ASSOCIATION WITH A LEGAL NON-CONFORMING
COMMERCIAL SWIM SCHOOL ON A SINGLE-FAMILY
RESIDENTIAL PROPERTY LOCATED AT 973 APRICOT AVENUE.
FILE NO.: PLN2016-69
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
The Planning Commission finds as follows with regard to file number PLN2016-69:
1. The project site is zoned R-3 (Multiple-Family Residential) on the City of Campbell
Zoning Map.
Z. The project site is designated High Density Residential (21-27 units/gr. acre) on the
City of Campbell General Plan Land Use diagram.
3. The project site is located on Apricot Avenue, near its intersection with Bascom
Avenue.
4. The project site is developed with a single family home at the front and a
nonconforming commercial swim school in the rear.
5. The non-conforming commercial swim school existed at time of the property's 1970
annexation into the City of Campbell.
6. Historically a temporary structure of approximately 1,400 square feet was used to cover
. the pool during the winter months. This "dome" would be erected and removed
seasonally.
7. In 2013-2014 the temporary "dome" structure was replaced with a permanent pool
enclosure of approximately 2,000 square feet.
8. The pool enclosure' constitutes an accessory structure as defined by the Campbell
Municipal Code.
9. As an accessory structure that did not increase the size of ,the swimming pool nor
increase the school's capacity, the pool enclosure did not expand or otherwise intensity
the non-conforming swim school use.
10. The proposed project is a Variance application to formalize the unpermitted
construction of the swimming pool enclosure by granting relieve to applicable
development standards, including, but not limited to, maximum lot coverage, maximum
size for an accessory structure, maximum height of an accessory structure, side and
rear setbacks, and separations between accessory structures, provided in Campbell
Planning Commission Resolution No. 4286
973 Apricot Ave. -Variance
Page 2 of 3
Municipal Code Sec. 21.08.070 (R-3 Multiple-family Zoning District), Ch. 21.18 (Site
Development Standards), and Sec. 21.36.020 (Accessory Structures).
11. Strict application of the Zoning Standards would effectively preclude creation of a new
pool enclosure, which would diminish the swim school's operations.
12. Allowed continued operation of the swim school is supported by the following General
Plan policies and strategies:
Strategy LUT-11.2a: Services Within Walking Distance: Encourage neighborhood serving
commercial and quasi-public uses, such as churches, schools, and meeting
halls to locate within walking distance of residential uses.
Policy LUT-5.3: Variety of Commercial and Office Uses: Maintain a variety of attractive and
convenient commercial and office uses that provide needed goods, services
and entertainment.
Policy LUT-13.1: Variety of Uses: Attract and maintain a variety, of uses that create an
economic balance within the City while maintaining a balance with other
community land use needs, such as housing and open space, and while
providing high quality services to the community
Policy LUT-13.1b: Business :Retention and Attraction: Develop programs to retain and attract
businesses that meet the shopping and service needs of Campbell
residents.
13. The Variance would allow for a minimum departure from applicable zoning standards
in a unique circumstance not found elsewhere in the City.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The strict or literal interpretations and enforcement of the specified regulation(s) would
result in a practical difficulty or unnecessary physical hardship inconsistent with the
objectives of this Zoning Code;
2. The strict or literal interpretations and enforcement of the specified regulation(s) would
deprive the applicant of privileges enjoyed by the owners of other properties classified
in the same zoning district;
3. There are exceptional. or extraordinary circumstances or conditions applicable to the
subject property (i.e., size, shape, topography) which do not apply generally to other
properties classified in the same zoning district;
4. The granting of the Variance will not constitute a grant of special privilege inconsistent
with the limitations on other properties classified in the same zoning district;
5. The granting of the Variance will not be detrimental to the public health, safety, or
welfare, or materially injurious to properties or improvements in the vicinity;
6. This. project is exempt from the California Environmental Quality Act (CEQA) per
Section 15302 which exempts from replacement or reconstruction of existing
structures where the new structure will be located on the same site and have
substantially the same purpose and capacity as the previous structure.
Planning Commission Resolution No. 4286
973 Apricot Ave. -Variance
Page 3 of 3
THEREFORE, BE IT RESOLVED that the Planning Commission approves a Variance
(PLN2016-69) to applicable development standards provided in Campbell Municipal Code
Sec. 21.08.070 (R-3 Multiple-family Zoning District), Ch. 21.18 (Site Development
Standards), and Sec. 21.36.020 (Accessory Structures) to formalize construction of an
unpermitted swimming pool enclosure in association with a legal non-conforming
commercial swim school on asingle-family residential property located at 973 Apricot
Avenue, subject to the attached Conditions of Approval (attached Exhibit "A").
PASSED AND ADOPTED this 26th day of April, 2016, by the following roll call vote:
AYES: Commissioners
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
Finch, Kendall, Reynolds, Rich
None
Bonhagen, Young, Dodd
None
APPROVED: ' ~~i~'~/~ ~~ / /~ G ~ ~/~
vonne Kendall, Acting hair
ATTEST:
Paul Ke moyan, Secretary
. ,
EXHIBIT A
CONDITIONS OF APPROVAL
Variance (PLN2016-69)
Where approval by the Director of Community Development, City Engineer, Public Works
Director, City Attorney or Fire Department is required, that review shall be for compliance
with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws
and regulations and accepted engineering practices for the item under review. 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.
COMMUNITY DEVELOPMENT DEPARTMENT
Approved .Project: Approval is granted for a Variance (PLN2016-69) to applicable
development standards provided in Campbell Municipal Code Sec. 21.08.070 (R-3
Multiple-family Zoning District), Ch. 21.18 (Site Development Standards), and Sec.
21.36.020 (Accessory Structures) to formalize construction of an unpermitted swimming
pool enclosure in association with a legal non-conforming commercial swim school on a
single-family residential property located at 973 Apricot Avenue. The project shall
substantially conform to the Project Plans a stamped as received by the Planning
Division on February 24, 2016, respectively, except as may be modified by the
Conditions of Approval herein.,
2. Building Permit Required: The applicant shall submit an application for a building permit
in compliance with the Title 17 (Fire Protection) and Title 18 (Building Codes and
Regulations) of the Campbell Municipal Code no later than June 7, 2016. Upon
submittal, the applicant shall diligently pursue issuance of a building permit by providing
revised plans and additional materials as required with the City, and shall secure a
building permit no later than August 2, 2016. Upon issuance of a building permit, the
applicant shall cause all necessary improvements to be completed and secure a
certificate of occupancy (permit "final") for the pool enclosure no later than August 30,
2016.
3. Expiration of Approval and Abatement of Violation: If the applicant fails to satisfy the any
of the deadline requirements of Condition No. 2, this Variance shall be deemed void.
The property owner shall therein, upon order of the Community Development Director,
remove the pool enclosure. Should the property owner fail to remove the pool enclosure,
the City shall take all necessary and appropriate action to abate the violation. Any and all
cost associated with abatement shall be liened against the property as allowed by law.
4. Acceptance of Permit and Requirements: Should the applicants fail to file a valid and
timely appeal of this permit approval (Variance) within the applicable appeal period,
pursuant to Campbell Municipal Code Sec. 21.62.030, such inaction shall be deemed to
constitute acceptance of permit approval and all associated requirements by the
applicants and property owner.
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Conrnulnity Development Department
via electronic mail
August 29, 2016
Maki Swim School
c/o Roy Watson
607 Burns Ave.
Aptos, CA 95003
Re: File No: IWQ-834 / BLD2016-00752
Address: 973 Apricot Ave
Subject: Maki Swim School
Dear Mr. Watson:
This letter serves as a reminder that pursuant to Planning Commission Resolution No. 4286, which
approved the Variance by which the swimming pool enclosure has been permitted, you have until
August 30th to secure building permit "final". If you are unable to satisfy this deadline, you are
prohibited from operating the swim school until such time that a final inspection is performed and
passed and the building permit is finaled. If you operate in violation of this prohibition, the City will
repost unsafe occupancy signs ("red-tag") on the property and issue administrative citations of up
to $1,000/day.
If you should have any question, please feel free to contact me at (408) 866-2193 or by email at
danielf%u.citvofcarnpbell.com.
Sincerely,
Daniel Fama
Senior Planner
cc: William Seligmann, City Attorney
Paul Kermoyan, Community Development Director
Bill Bruckart, Building Official
Charlotte Andreen, Code Enforcement Officer
Naz Pouya, Project Planner
Greg Stowers, 155 E. Campbell Ave, Suite 114, Campbell CA 95008
Gina Ambrose, 1027 Cherry Ave., San Jose, CA 95125
70 North First Street • Campbell, CA 95008-1423 • Tet. (408) 866-2140 • Fnx (408) 866-5140 • e-MAIL planning~cityofcampbell.com
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C'olnnnlnity Development Department
July 22, 2016
Maki Swim School
c/o Roy Watson
607 Burns Ave.
Aptos, CA 95003
Ile: File No: IWQ-834 / BLD2016-00752
Address: 973 Apricot Ave
Subject: Maki Swim School
Dear Mr. Watson:
via electronic mail
As was stated in previous correspondence, today (July 22nd) was the deadline for you to submit
complete fire sprinkler design drawings and structural engineering plans for the unpermitted
swimming pool enclosure in association with Building Permit No. BLD2016-00752. Although you
failed to satisfy this deadline, the Community Development Director will defer the reposting of
unsafe occupancy signs ("red-tag") for the weekend. If you do not submit the necessary materials by
Monday, July 25, 2016, the City will post the structure as unsafe, and illegal to use or occupy, until
such time that you are able to secure a building permit and commence construction activity (use of
the enclosure while permitted work is occurring will be at the discretion of the Building Official).
Please note that the City has continued to .work with you for nearly two years to resolve this matter
to no avail. Further delay and obfuscation will not be tolerated. The swimming pool enclosure must
either be permitted or removed in the interest of the public health and safety.
If you should have any question, please feel free to contact me at (408) 866-2193 or by email at
danielf, r.ci ofcampbelLcom.
Sincerely,
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Daniel Fama
Acting Senior Planner
cc: William Seligmann, City Attorney
Paul Kermoyan, Community Development Director
Bill Bruckart, Building Official
Charlotte Andreen, Code Enforcement Officer
Naz Pouya, Project Planner
Greg Stowers, 155 E. Campbell Ave, Suite 1 14, Campbell CA 95008
Gina Ambrose, 1027 Cherry Ave., San Jose, CA 95125
70 North First Street • Campbell, CA 95008-1423 • Tel. (408) 866-2140 • Fnx (408) 866-5140 • e-mnt[,planning@cityofcampbell.com
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via electronic mail
July 6, 2016
Maki Swim School
c/o Roy Watson
607 Burns Ave.
Aptos, CA 95003
Re: File No: IWQ-834
Address: 973 Apricot Ave
Subject: Maki Swim School
Dear Mr. Watson:
This letter is to confirm that today the Community Development Department removed the
unsafe occupancy signs ("red-tag") from the above referenced property based upon submittal
of complete construction drawings for the swimming pool enclosure and written verification
that the structure can be sprinklered.
The City anticipates issuing a building permit shortly. Once the permit is ready to issue, your
contractor is required to obtain the permit within two (2) days and begin work the next
business day. Work shall continue continuously upon commencement with regular inspection
calls until completion pursuant to a schedule that will be established by the City. If at any
time work ceases or is delayed, the City will repost the property with unsafe occupancy signs
to compel timely completion of the project.
Please note that should the revised plans be inadequate for building permit issuance and
require additional revisions, the City will repost the property with unsafe occupancy signs
until a subsequent submittal is received.
70 North First Street • Campbell, CA 95008-1423 • Te[. (408) 866-2140 • Fax (408) 866-~ 140 • E-MA~~ planning@cityofcampbell.com