Staff Report - CC (2019-02-19)
City
Council
Report
TITLE: Pre-Authorization Request (PLN2019-18) to Formally Proceed with a
General Plan Amendment Application to Change the General Plan
Land Use Designation of the Parcel Located at 202 W. Rincon
Avenue from Medium Density Residential to Low-Medium Density
Residential (Resolution/Roll Call Vote)
RECOMMENDED ACTION
Adopt a resolution denying the requested authorization to apply for a Low-Medium
density designation (6-13 du/ga), and direct the applicant to redesign the proposed
project with a minimum of nine (9) dwelling units and a maximum of 11 dwelling units,
consistent with the Medium Density designation (14-20 du/ga).
PROPOSAL
The applicant is requesting authorization to proceed with an application to amend the
General Plan land use designation of the subject property from Medium Density
Residential (14-20 dwelling units per gross acre) to Low-Medium Density Residential (6-
13 units per gross acre). The residential land use designation is requested because the
applicant is pursuing a small-lot 5-unit single-family development as further described in
this report. Such a proposal would require a General Plan Amendment, Tentative
Subdivision Map, Planned Development Permit with Site and Architectural Review, a
Tree Removal Permit, and environmental review.
BACKGROUND
The Campbell General Plan represents the City’s long term vision for the community
and is intended to guide decision-making regarding the City’s physical and economic
growth as well as services necessary to support a growing population with desired
community amenities. In this regard, the General Plan provides policies applicable to
land use and development, and organizes the City into a framework of distinct land use
designations (i.e., commercial, residential, industrial, etc.). In this particular
neighborhood, the prescribed land use designation is Medium Density Residential.
The Campbell Municipal Code (CMC) specifies that an amendment to the General Plan
may only be initiated by the City Council (CMC Section 21.60.020.A). The purpose of
the Ordinance is to provide processing and reviewing procedures whenever the public
necessity, convenience, and the general welfare require such amendment. It is also an
Item: 8
Category: PUBLIC HEARINGS AND
INTRODUCTION OF
ORDINANCES
Meeting Date: February 19, 2019
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opportunity for the Council to obtain an improved understanding of problems or issues
affecting the subject property in order to determine if a different designation is more
appropriate.
General Plan: The General Plan encourages a variety of housing options in terms of
style, size, and density that contribute positively to the surrounding neighborhood. The
General Plan also encourages residential developments that improve housing
affordability for both renters and homeowners and that accommodate the City of
Campbell’s share of regional housing needs. As such, the General Plan Land Use Map
was created to provide a diversity of housing densities that are representative of the
adjoining neighborhood character.
In reviewing this authorization request, the City Council may want to consider the
following General Plan goals, polices, and strategies which help guide the City Council
in determining if the proposed land use density is more appropriate than the designated
land use density.
Goal LUT-3: Options in ownership and rental housing in terms of style, size, and density
that contribute positively to the surrounding neighborhood.
Policy LUT-3.1: Variety of Residential Densities: Provide land use categories for
and maintenance of a variety of residential densities to offer existing and future
residents of all income levels, age groups and special needs sufficient
opportunities and choices for locating in Campbell.
Strategy LUT-3.1a: Consistency with Housing Element: Ensure
consistency with the City’s Housing Element including ensuring that there
is adequate land designated to meet Housing goals.
Goal LUT-5: Preservation and enhancement of the quality character and land use
patterns that support the neighborhood concept.
Policy LUT-5.1: Neighborhood Integrity: Recognize that the City is composed of
residential, industrial and commercial neighborhoods, each with its own individual
character; and allow change consistent with reinforcing positive neighborhood
values, while protecting the integrity of the city’s neighborhoods.
Policy LUT-5.2: Residential Neighborhoods: Maintain safe, attractive, pedestrian
friendly residential neighborhoods with identifiable centers and consistent
development patterns and a range of public and private services.
Strategy LUT-5.2d: Density Change Criteria: In considering changes to
residential densities, employ criteria such as compatibility with the
residential surroundings, privacy, noise, and changes in traffic levels on
neighboring streets and major thoroughfares.
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Strategy LUT-5.2e: Reduction of Development Intensity: Development
intensity may be reduced below the minimum on the land use diagram to
ensure the compatibility of development with its surroundings or due to
site constraints.
Goal LUT-9: A compatible land use pattern citywide.
Policy LUT-9.1: Land Use Pattern: Establish a compatible land use pattern
citywide.
Strategy LUT-9.1a: Land Use Conflict Minimization: Amend the General
Plan and Zoning map to minimize conflicts between land uses when
identified.
On February 5, 2019, the City Council considered a pre-authorization request to
increase the density on a 3-acre parcel near the Campbell/Los Gatos border. A key
factor in the Council’s decision to authorize a formal application in that case was the
need for more housing. However, the subject request before the Council is to decrease
density, thus decreasing the number of housing units in Campbell. While a lower density
would potentially have fewer negative impacts (e.g., traffic) to the neighborhood, it could
be viewed as exacerbating the housing crisis. On the other hand, one may find that
more flexibility with regard to the allowed density range should be market driven, so
long as the overall density in the City is not decreased below what the Housing Element
anticipated.
DISCUSSION
The applicant is requesting authorization to proceed with an application to amend the
General Plan land use designation of the subject property from Medium Density
Residential (14-20 du/ga) to Low-Medium Density Residential (6-13 units per gross
acre). The Medium Density land use designation has historically been in the form of
apartments, condominiums and townhomes, while the Low-Medium Density designation
is typically in the form of small lot single-family detached homes and townhomes.
Nevertheless, a development with single-family detached units could be constructed at
the prescribed density, as discussed later in this report.
The requested authorization is desired by the applicant in order to pursue a small-lot
5-unit Planned Development with a density of approximately nine (9)1 units per gross
acre; a lower density than prescribed for the subject property. The project that would
potentially be proposed if the request is granted is further illustrated in the applicant’s
proposed site plan and elevations (Attachment 3).
When considering changes to the City’s designated residential densities, the City shall
consider compatibility with adjoining land uses and conformance to the goals, policies,
and actions of the General Plan. Staff is recommending denial of the request for several
1 25,074/43,560 = .57562 gross acres. 5/.57562 = 8.686289 units per gross acre
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reasons, as discussed further in this report. Furthermore, staff has not been able to
determine that a public necessity, convenience, or general welfare finding exists that
would require such an amendment.
General Plan Consistency: As provided under the Background section of this report, the
General Plan includes goals, policies, and strategies that should be considered when an
applicant proposes a different density than the established land use designation. The
General Plan and Housing Element call for a variety of residential densities to
accommodate all income levels, age groups and special needs populations.
Furthermore, there should be adequate land designated to accommodate the City’s
share of regional housing needs and meet other housing goals.
While the subject property is not located in one of the City’s priority development areas,
or identified as an opportunity site for accommodating the City’s Regional Housing
Needs Allocation (RHNA), any units that would be built on the site will count towards
RHNA. Campbell’s RHNA share is 933 new units over the 2015-2023 planning period.
However, the Housing Element anticipated a residential build-out that is higher than the
prescribed 933 units contained in the RHNA.
In addition to the opportunity sites, the City looked at underutilized (or underdeveloped)
properties in determining residential build-out. Arguably, this property and the area’s
prescribed density was a contributing factor in determining housing production.
Reducing the prescribed density could create Housing Element compliance issues
unless other sites are re-designated to offset the loss of density on the subject property.
While the applicant could come back with a 9-unit development2 that does not require
inclusionary housing3, changing the land use designation to a lower density would
eliminate the potential for acquiring affordable units (unless volunteered by the
applicant). Nevertheless, creating smaller units under the existing land use designation
(rather than larger homes under the proposed designation) will be more affordable by
design.
In order to maintain a consistent land use designation, the City Council would need to
consider changing the land use designation of the other properties along this section of
Rincon Avenue. However, downzoning other properties along Rincon Avenue (to avoid
spot-zoning) may be objectionable to the landowners of such properties. Doing so
would also make it more difficult to achieve housing units in the moderate to lower-
income categories. One may also find that if the City continues to permit housing
developments with lower densities than anticipated by the General Plan, the City will
continue to fall short of its obligation to satisfy its RHNA.
According to the General Plan’s introduction, land for residential development has
become scarce within the City, resulting in an increased demand for homes in
2 The existing medium-density designation allows for a range of 9 – 11 units. 3 The City’s Inclusionary Ordinance requires at least 15% of the units in a development with 10 or more
units to be sold at an affordable ownership cost to lower-income and moderate-income households.
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Campbell4. Approximately 72% of the designated residential land in the City is less than
6 dwelling units per net acre (not including mixed-use development), while
approximately 8% and 9% of the land is designated low-medium density and medium
density, respectively. Another 9% is designated as high density residential and
approximately 2% is designated for mobile home parks.
Neighborhood Consistency: It is also important to consider established neighborhood
patterns and compatibility with adjoining land uses, when considering changes to the
established residential densities. The General Plan’s Land Use Element calls for a
compatible land use pattern citywide, that minimizes conflicts between land uses. The
compatibility of residential development is determined by such factors as density, lot
size, lot configuration, building scale, and building design.
Pursuant to Land Use Strategy LUT-5.2e, development intensity may be reduced below
the minimum on the land use diagram to ensure the compatibility of development with
its surroundings or due to site constraints. As discussed in this report, staff has concern
that such a change will achieve an inconsistent development pattern within the
established neighborhood.
Existing Site and Neighborhood: The approximately 1/2 acre site (cross-hatched in
the attached land use map, Attachment 5) is located on Rincon Avenue, west of
Winchester Boulevard. The site has a land use designation of medium density
residential and is surrounded by attached townhomes to the right and across the street
(medium density designation), a single-family home to the left (medium density
designation), and single-family residential detached units to the rear (low density
designation). Thus, the proposed low-medium density would be inconsistent with the
surrounding land use designations. The designated density and the actual built-out
density are illustrated in the graphics attached to this report.
Locating similarly zoned properties in relation to each other is the fundamental
approach to achieving development consistencies and preservation of neighborhood
character. As can be seen on the provided land use map, a rather large harmonious
area (illustrated in magenta) is comprised of medium-density residential units. Similarly,
the other residential densities are grouped together to achieve consistency, while the
non-residential uses are generally located along major arterials (Winchester Boulevard
and Campbell Avenue) for the convenience of customers and employees.
The graphic provided in Attachment 5 illustrates the existing densities along Rincon
Avenue. The first number indicates the actual density in dwelling units per gross acre5,
while the second number (in parenthesis) indicates the approximate year of
construction. In general, the average built-out density (notwithstanding a few anomalies
where the density falls below 6 du/ga or above 27 du/ga, represented by the lightest
and darkest colors on the map, respectively), is approximately 13 du/ga, slightly less
than the designated range of 14-20 du/ga.
4 2001 General Plan Land Use Element, page LUT-3 5 Gross density is measured to the centerline of the street.
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When considering neighborhood compatibility, the Council should be aware of the
background regarding this property. A 2016 proposal for the subject property (under
different ownership) included eight (8) dwelling units with a density of 13.9 dwelling units
per gross acre (also below the designated range of densities). However, that proposal
was opposed by several of the townhome owners to the right of the subject property,
who voiced concerns regarding privacy, shadowing/sunlight exposure, ventilation,
views, height, scale, proportion, and available street parking. Although the current
proposal has not received any opposition, as of the writing of this report, the previous
issues raised by neighbors are “design focused.” In this regard, any future proposal that
does comply with the density should be designed to minimize such impacts.
Current Proposal: If the authorization is granted and a formal application is approved6,
the Planned Development (as currently proposed) would include five (5) detached
single-family homes with attached garages (~2,500 square feet total), on lots ranging
from approximately 3,000 to 3,900 square feet in net site area (Attachment 3).
Additional details on the proposed development can be found in the Site and
Architectural Review Committee (SARC) report7 (Attachment 4).
If the authorization is not granted, the applicant could propose a project similar to the
development on Kennedy Avenue that was constructed in 2015. That development
consisted of attached townhomes and detached single-family homes with a density of
approximately 19 du/ga. Staff has provided illustrations of what two different site layouts
might look like on the subject property (Attachment 6). Staff has also provided
elevations from the Kennedy project as examples of what a 2-½ story detached or
attached housing product might look like (Attachment 6).
A project that conforms to the existing medium-density land use designation will have
different parking requirements depending on the housing type and the bedroom count
proposed (Attachment 4, page 6). For example, a nine-unit detached single-family
residential housing project would require 27 parking spaces (18 of which shall be
covered)8 under the City’s standard parking requirements. Future consideration will also
need to be given to the appropriate floor area, lot coverage, setbacks, and height for the
project, since the P-D zoning district does not have development standards9. The
average size of the homes in the Kennedy project was approximately 2,300 square feet
including a two-car garage, slightly less floor area than the subject applicant’s current
proposal. The average open space for the Kennedy project was approximately 500
square feet per unit. Alternatively, if the City preferred a detached product to be more
compatible with the single-family homes to the rear of the subject property, the applicant
6 If authorized to proceed, it does not guarantee that a formal application to amend the General Plan land
use designation would be approved, only that the request warrants further review and analysis. 7 The City’s Site and Architectural Review Committee reviewed the proposal on 1-22-19. While the SARC
was supportive of the proposed architectural design, the SARC agreed that the lower density would
require a General Plan amendment and pre-authorization from the City Council. 8 Parking standard = 3 spaces per unit (2 covered spaces plus ½ standards space plus ½ guest space) 9 Staff’s approach to the lack of specific standards is to reference the underlying General Plan equivalent
zoning which in this case is the R-2 (multiple-family) zoning district (magenta on the zoning map).
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could apply for a parking modification, similar to what was approved for the Kennedy
development10. In that case, a potential site plan would include two guest parking
spaces. The attached conceptual site plans are provided for illustration purposed only.
The applicant will need to design a plan that works within the City’s requirements.
OPTIONS
Ultimately, the Council may decide if there is a compelling reason to change the land
use designation that was determined to be appropriate when the General Plan and
Housing Element were adopted in the year 2001 and 2015, respectively.
The two options available to consider include:
1. Deny the request and direct the applicant to redesign the proposed project
with a minimum of nine (9) dwelling units and a maximum of 11 dwelling
units, consistent with the Medium Density designation (14-20 du/ga).
Staff’s recommendation is to deny the request because it would be inconsistent with
General Plan policies that call for adequate land designated to meet housing goals,
including but not limited to having a variety of housing options in terms of style, size,
and density.
2. Authorize the applicant to proceed with the proposed application to change
the General Plan land use designation to Low-Medium Density Residential (6-
13 du/ga).
If the Council finds that a public necessity, convenience, and/or general welfare of the
City warrants review of an application to change the General Plan land use density to 6
to 13 units per gross acre, the Council could authorize the request. If the City Council
authorizes the applicant to proceed, the authorization does not guarantee that the
amendments will be approved, only that the request warrants further review and
analysis as part of a formal application, as described in this report.
In addition, the City may be forced to locate other properties of similar size in order to
increase density so as to maintain the status quo in the Housing Element. This would
require noticing the State Department of Housing and Community Development in order
to avoid Housing Element compliance issues.
NEXT STEPS
If the Council authorizes the applicant to request a General Plan amendment, the
applicant will also be required to submit an application for a Tentative Subdivision Map,
P-D Permit with Site and Architectural Review, and a Tree Removal Permit.
Additionally, the proposal will require an environmental analysis pursuant to the
California Environmental Quality Act (CEQA). The overall project would be reviewed for
10 The approved parking ratio was approximately 2.2 spaces per unit.
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compatibility with the surroundings properties in terms of visual appearance, tree
removal, privacy, and noise. Additionally, any such application should be considered in
light of Housing Element goals for providing safe, attractive, pedestrian friendly
neighborhoods with options for ownership and/or rental housing and an appropriate mix
of styles, sizes, densities, and affordability levels.
OUTREACH AND PUBLIC COMMENTS
In addition to noticing the General Plan Authorization request in the newspaper and to
all property owners within 300 feet of the site, staff sent emails to surrounding residents
who had expressed concerns about the previous submittal for eight (8) units. One
member of the public11 attended the SARC meeting, voicing concerns over potential
privacy impacts of a larger development and visual impacts that would result if the
applicant were to increase the height to 35-feet. Another resident12 came into City Hall
and also voiced concerns over the potential height of a revised project.
FISCAL IMPACTS
The density, floor area, and type of housing (e.g., detached or attached) are all factors
in determining the assessed value of the homes which contributes to long term
residential property taxes. The density and the size of the homes will also dictate permit
processing application fees, park impact fees, and building permit fees.
Prepared by:
Cindy McCormick, Senior Planner
Reviewed by:
Paul Kermoyan, Community
Development Director
Approved by:
11 The concerned resident lives in the rear unit of the townhome development to the right of the subject property. 12 The concerned resident lives in a detached single-family home to the rear of the subject property.
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Brian Loventhal, City Manager
Attachment:
1. Draft Resolution to deny
2. Vicinity Map
3. Site layout and elevations
4. SARC Memo 1-18
5. Land Use Maps
6. Conceptual Layout and Elevations
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RESOLUTION NO. _________
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL DENYING SUBMITTAL OF A FORMAL APPLICATION
FOR PROCESSING AND REVIEW OF A GENERAL PLAN
AMENDMENT
WHEREAS, The purpose of the City’s General Plan is to guide decisions regarding
physical growth and development, provision of public services and facilities, and
conservation and enhancement of natural resources.; and
WHEREAS, The General Plan establishes a foundation upon which the City Council and
Commissions can base policy decisions and a basis for judging whether specific
development proposals and public projects are in harmony with community desires.; and
WHEREAS, The General Plan is intended to be a living document and, as such, will be
subject to site specific and comprehensive amendments over time.; and
WHEREAS, An amendment to the General Plan may be initiated only by the City
Council.; and
WHEREAS, The City Council has determined that there is not a public necessity,
convenience, and the general welfare that would require such amendment.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Campbell
does hereby deny submittal of a formal application to amend the General Plan land use
designation and direct the applicant to redesign the proposed project with a minimum of
nine (9) dwelling units and a maximum of 11 dwelling units, consistent with the Medium
Density designation (14-20 du/ga).
PASSED AND ADOPTED this 19th day of February 2019, by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
APPROVED:
Richard M. Waterman, Mayor
ATTEST:
Wendy Wood, City Clerk
Attachment 1
8.a
Packet Pg. 141 Attachment: Draft Resolution to deny (Pre-Authorization Request to Apply for a Lower Land Use Density)
CHERRY LN
RINCON AVE SALICE WAYCALIFORNIA STProject Location Map
Project Location: 202 W. Rincon
Application Type: Request authorization to
lower the designated density for the subject property
Planning File No.: PLN2019‐18
±0460230
Feet
Community Development Department
Planning Division
Project Site
8.b
Packet Pg. 142 Attachment: Vicinity Map (Pre-Authorization Request to Apply for a Lower Land Use Density)
8.cPacket Pg. 143Attachment: Site layout and elevations (Pre-Authorization Request to Apply for a Lower Land Use Density)
8.cPacket Pg. 144Attachment: Site layout and elevations (Pre-Authorization Request to Apply for a Lower Land Use Density)
8.cPacket Pg. 145Attachment: Site layout and elevations (Pre-Authorization Request to Apply for a Lower Land Use Density)
8.cPacket Pg. 146Attachment: Site layout and elevations (Pre-Authorization Request to Apply for a Lower Land Use Density)
8.cPacket Pg. 147Attachment: Site layout and elevations (Pre-Authorization Request to Apply for a Lower Land Use Density)
8.cPacket Pg. 148Attachment: Site layout and elevations (Pre-Authorization Request to Apply for a Lower Land Use Density)
To: Site and Architectural Review Committee Date: January 22, 2019
From: Cindy McCormick, Senior Planner
Via: Paul Kermoyan, Community Development Director
Subject: Five lot planned development subdivision with tree removal
Address: 202 W. Rincon Avenue
File No.: Planned Development Permit / Tree Removal Permit (PLN2018-25)
Tentative Subdivision Map (PLN2018-24) | CEQA Review (PLN2018-26)
PROPOSAL
The project includes an application for a Tentative Subdivision Map to subdivide the site into five (5) fee simple single-family residential parcels plus one (1) common lot, a Planned Development Permit for each of the five (5) homes, and a tree removal permit to remove one (1)
protected fruitless mulberry tree. The project requires an Initial Study under the California
Environmental Quality Act (CEQA) since land divisions of five (5) or more parcels are not
exempt. Staff has prepared a draft Mitigated Negative Declaration (MND) finding that the proposed project will not have a significant effect on the environment with the incorporation of mitigation measures.
PROJECT SITE
The project site consists of a 22,674 square foot (net site area) parcel located on Rincon Avenue, west of Winchester Boulevard (Attachment 1). Access to the subdivision would be taken from
Rincon Avenue. Abutting land uses include single-family residential detached units to the south
(R-1-6), a single family home to the east (zoned R-2), attached townhomes to the west (zoned
PD), and attached townhomes and apartment units to the north (zoned PD and C-PD). The site is
currently developed with one single-family residence and several accessory buildings that will be demolished as part of the project.
PROJECT DATA
Zoning Designation: P-D (Planned Development)
General Plan Designation: Medium Density Residential (14-20 units/gross acre) Proposed Density: 8.7 units/gross acre
Net Lot Area: 22,674 square feet
Gross Lot Area: 25,074 square feet (to center line of street)
Proposed Parking: 15 parking spaces (five 2-car garages, five guest spaces)
Minimum Parking: 15 parking spaces (10 covered, 5 uncovered)
MEMORANDUM
Community Development Department
Planning Division
8.d
Packet Pg. 149 Attachment: SARC Memo 1-18 (Pre-Authorization Request to Apply for a Lower Land Use Density)
SARC Memorandum Page 2 of 7
202 W Rincon Subdivision - PLN2018-224, -225, -226
A = common lot consisting of shared driveway and fire turn-around area
Notes: Lots 1-4 face east and Lot 5 faces north The garage setback for lots 1 – 4 is taken from the edge of the landscape buffer; which is 3 feet deep
The garage for lot 5 faces the common driveway
DISCUSSION
The property is located in the P-D (Planned Development) zoning district and is therefore subject to the P-D ordinance (CMC Section 21.12.030) which provides criteria to consider when
reviewing P-D applications. This report (starting on page 4) includes a discussion on the
proposed density (8.7 du/ga) which is below the General Plan designation of 14-20 du/ga.
Subdivision Layout: The proposed subdivision consists of five (5) detached single-family homes on fee simple lots. The proposed lots range from approximately 3,000 to 3,900 square feet in net
site area. A 20-foot wide shared driveway, located on a common lot, would provide access to
each of the five homes. While the garage for lot 1 (similar to the other homes) will face the
interior of the subdivision, the entrance to lot 1 would face Rincon Avenue.
Project Development Data
Lot Lot Size
(Sq. ft.)
Building
Height
Living Area
(Sq. ft.)
Garage
(Sq. ft.)
Total
Floor Area
Total Lot
Coverage
Landscaping
Area (Sq. ft.)
1 3,892 27 feet 2,130 360 2,490 1,480 1,900
2 3,033 27 feet 2,130 360 2,490 1,480 825
3 3,047 27 feet 2,130 360 2,490 1,480 825
4 3,116 27 feet 2,130 360 2,490 1,480 825
5 3,566 27 feet 2,180 360 2,540 1,525 1,120
A 6,020
Total: 22,674
Project Setback Data
Lot Front Garage Rear
Left Side Right Side
Proposed 1st / 2nd Proposed 1st / 2nd
1 25’4” 27’ 10’ 8’9” 8’ 9” 17’4” 25’9”
2 25’4” 27’ 10’ 11’3” 15’11” 8’9” 8’9”
3 25’6” 27’ 10’ 9’ 9’ 11’3” 16’3”
4 25’4” 27’ 10’ 9’9” 14’9” 9’ 9’
5 13’ 25’+ 5’ 5’ 9’6” 14’7” 14’7”
8.d
Packet Pg. 150 Attachment: SARC Memo 1-18 (Pre-Authorization Request to Apply for a Lower Land Use Density)
SARC Memorandum Page 3 of 7
202 W Rincon Subdivision - PLN2018-224, -225, -226
Privacy: Privacy impacts are minimized by facing bedroom egress windows towards the interior of the subdivision, thereby minimizing the size of the windows facing the closest homes to the
west. Furthermore, there are no proposed second story balconies. Fourteen (14) cypress trees will
help screen the new homes from the townhomes to the west. While the P-D zoning district does
not have setback requirements, the benchmark setback for multi-family zoning districts is 50% of
the wall height or a minimum 10 feet given the 20-foot building wall height. The home on lot 5 is located relatively close to the rear property line with the first story at five-feet from the rear
property line and the 2nd story at eight (8) to ten (10) feet from the rear property line. While the
two homes to the rear each have large trees in their back yards that help screen for privacy, the
SARC could request that the home be redesigned to accommodate a larger rear setback if privacy
impacts are a concern.
Design, Scale and Massing: Each of the five (5) detached two-story single-family homes will
have a maximum height of 27-feet, with homes ranging in size from approximately 2,490 to
2,540 square feet in area (2,180 sq. ft. living + 360 sq. ft. attached garage). The design style is
relatively traditional including the composition shingles, mix of hip and gable roofing, and stone veneer wainscoting. The subdivision has been designed such that the exterior elevations are
varied within the project, including the use of both wood (lots 2, 5) and stucco (lots 1, 2, 4)
siding and a varied palette of neutral colors (e.g., light tan, dark tan, medium grey, and olive
green) as provided in Attachment 3. Lot 1 (which faces Rincon Avenue) and lot 5 (located at the
rear of the lot) are shown below for reference. Both of these homes will be seen from the street. If the SARC thinks the colors are too similar, the SARC could request that the color of one of the
homes be switched out with one of the other homes.
Tree removal: The City’s Tree Protection Ordinance allows for removal when retention of a tree
would severely limit the use of the property in a manner not typically experienced by owners of similarly zoned and situated properties, and the applicant has demonstrated to the satisfaction of the approval authority that there are no reasonable alternatives to preserve the tree.
The applicant’s Arborist identified one (1) protected fruitless mulberry tree on the site with a 20-
inch diameter (dbh) trunk and a 35-foot canopy. The applicant’s Arborist has indicated that the tree is poorly suited for retention in a development setting due to its invasive root growth and poor condition and structure (Attachment 4). Furthermore, it is located in the center of the lot
and would be difficult to preserve given its shallow root structure which will be impacted by any
construction within 35 feet of the trunk. The applicant proposes to remove this tree (if allowed)
8.d
Packet Pg. 151 Attachment: SARC Memo 1-18 (Pre-Authorization Request to Apply for a Lower Land Use Density)
SARC Memorandum Page 4 of 7
202 W Rincon Subdivision - PLN2018-224, -225, -226
and replace it with several new trees, including three (3) 36” box flowering plum trees and 14 cypress trees, exceeding the minimum requirements of City Code.
Landscaping: In addition to the 17 new trees discussed above, the landscape plan includes
flowering shrubs and plants in front of the guest parking spaces for each home. The applicant
also intends to incorporate flowering shrubs within a 3-foot landscape buffer that runs along the eastern property line, adjacent to the driveway. Staff has advised the applicant that City Code calls for a five-foot landscape buffer; however the SARC could determine that the overall
proposed landscape plan, which includes more landscaping than required by code, is sufficient to
meet the intent of the code, given the flexibility allowed for planned developments. The plans
indicate that 6,345 square feet (28%) of landscaping is proposed where the minimum requirement would be 4,534 square feet (20%) of the lot. The applicant will also be required to comply with the City’s water efficient landscape standards.
General Plan Land Use Density: The purpose of a General Plan is to guide decisions regarding
development, public services, and preservation of a City’s environmental resources1. In this regard, Campbell’s General Plan addresses the issue of land availability to meet the City’s land use objectives and needs2. In particular, Housing Element Goal H-4 states that the City shall
“Provide adequate housing sites through appropriate land use and zoning designations to
accommodate the City’s share of regional housing needs3.” One may find that if the City
continues to allow housing development inconsistent with the expected land use densities, the City will continue to fall short of its obligation to satisfy its Regional Housing Needs Allocation
(RHNA). According to the General Plan’s introduction, land for residential development has
become scarce within the City, resulting in an increased demand for homes in Campbell4.
Approximately 72% of the designated residential land in the City is less than 6 dwelling units per
net acre (not including mixed-use development), while approximately 8% and 9% of the land is designated low-medium density and medium density, respectively. Another 9% is designated as high density residential and approximately 2% is designated for mobile home parks.
In making land use decisions, the City’s decision makers must consider which land uses will best
serve the public interest, while allowing property owners reasonable property use5. When the General Plan was created, certain designations were either lowered or raised depending on the character of the neighborhood6. When the General Plan was updated in 2001, the subject
property existed in its current state. The medium density residential classification on the land use
map for this property anticipates a range of 14 to 20 dwelling units per gross acre; generally in
the form of apartments, condominiums and townhomes. However, the applicant is proposing 8.7 units per gross acre, which is inconsistent with the prescribed density.
The General Plan includes two strategies that should be considered when an applicant proposes a
different density than the prescribed land use designation.
1 2001 General Plan Introduction, page I-4 2 2001 General Plan Introduction, page I-4 3 Housing Element 4 2001 General Plan Land Use Element, page LUT-3 5 2001 General Plan Land Use Element, page LUT-3 6 2001 General Plan Land Use Element, page LUT-3
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General Plan Land Use Strategy LUT-5.2d (Density Change Criteria) states that changes to residential densities may be considered by employing criteria such as compatibility with the
residential surroundings, privacy, noise, and changes in traffic levels on neighboring streets and
major thoroughfares. General Plan Land Use Strategy LUT-5.2e states that the “development
intensity may be reduced below the minimum on the land use diagram to ensure the
compatibility of development with its surroundings”.
These two strategies were created to help guide the City’s decision makers in determining when
a proposed land use density is more appropriate than the designated land use density.
For example, if a property owner wants to apply to amend the General Plan land use designation in order to develop a property with a lower or higher density, the City would need to find that the
requested density is more keeping with the surrounding neighborhood.
The SARC should consider both the built-out
density of the surrounding area and future redevelopment of underutilized properties. As
provided in the graphic to the left, staff’s review
of some of the surrounding properties along
Rincon Avenue reveals densities in the range of
approximately 10.4 to 18.7 du/ga, depending on when the homes were built. This area was one
of the initial neighborhoods to be annexed when
the City was incorporated in 1952.
The City should continue to develop this neighborhood, consistent with the General Plan.
Accordingly, the proposed property could be
improved with a project that complies with the
designated density, although the housing type
would change from detached units to attached units (e.g., townhomes).
When considering neighborhood compatibility, the SARC should be aware of the background
regarding this property. A 2016 proposal for the subject property (under different ownership)
included eight (8) dwelling units with a density of 13.9 dwelling units per gross acre (also below the designated range of densities). However, that proposal was opposed by several of the
townhome owners to the right of the subject property, who voiced concerns regarding privacy,
shadowing/sunlight exposure, ventilation, views, height, scale, proportion, and available street
parking. Although the current proposal has not received any opposition, as of the writing of this
report, the previous issues raised by neighbors are “design focused”. In this regard, any future proposal should be designed to minimize such impacts.
If the SARC recommends (and the Planning Commission and the City Council agree) that the
development should conform to the designated density, the applicant will need to completely
redesign the project. The applicant will need to decide if they want to propose 9, 10, or 11 units.
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Each scenario will have different parking requirements, as shown in the table below. The City’s decision makers will also need to consider the appropriate floor area allowance for the project,
since the P-D zoning district does not have floor area or lot coverage standards. Conversely, If
the decision makers believe this parcel has an incorrect General Plan designation, the City should
authorize the applicant to request an amendment to the General Plan.
Parking Standards: However the applicant decides to redesign the project, staff will need to
ensure that the parking standards are satisfied. Duplex/triplex/fourplex developments have the
lowest parking requirements, while small-lot single-family dwellings (as proposed) and multi-
family dwellings with two or more bedrooms have the highest parking requirements for the
residential types discussed. The parking requirements for multi-family developments with studios or one bedroom units fall in between the above development types.
Residential Type Parking Standard
Small-lot
Single-family dwellings
2½ spaces for each unit, 2 of which shall be covered, plus ½
space designated guest parking space for each unit.
Multi-family dwellings with
studio or one bedroom units
2 covered spaces for each unit, plus ½ space designated guest
parking space for each unit.
Multi-family dwellings with
two or more bedroom units
2½ covered spaces for each unit, plus ½ space designated guest
parking space for each unit.
Duplex/triplex/fourplex
developments 2 spaces for each unit, 1 of which shall be covered.
Floor Area / Lot Coverage Standards: The P-D zoning district does not have floor area or lot
coverage standards. However the equivalent zoning to the underlying General Plan designation
does provide a benchmark; a practice that has been implemented by the City Planning
Department and decision makers in the recent past.
The maximum lot coverage is 40%, to which the current proposal of ~33% conforms. However,
increasing the density will inevitably increase the lot coverage, save for a 2.5 story product
which would increase the height. The current height proposed is 27-feet; however the applicant
could go up to 35 feet in order to accommodate a 2.5 story structure.
In order to assist the SARC in understanding the equivalent floor area benchmarks, staff has
provided the allowed FAR under both the low-density designation and the low-medium density
designation. The low-medium density land use designation is equivalent to the R-D (two-family)
zoning district which has an allowable FAR of 45%. However, the applicant is proposing a 55%
FAR which is consistent with the medium density land use designation and the R-2 (multiple-family) zoning district.
In other words, if the applicant was permitted to change the land use density from low-medium
density (14-20 du/ga) to low-density (6-13 du/ga) to accommodate the requested 8.7 du/ga, the
benchmark FAR would be 45%, not 55%. Therefore, if the SARC is considering allowing the
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Packet Pg. 154 Attachment: SARC Memo 1-18 (Pre-Authorization Request to Apply for a Lower Land Use Density)
SARC Memorandum Page 7 of 7
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reduced density, the SARC should also consider requiring the applicant to reduce the overall floor area of the project to 45%. The applicant could achieve a lower FAR by either making the
homes smaller or building the parking underground. The City does not count below-grade
parking in the FAR calculation7. As stated previously, changing the land use density category
would require the City Council to authorize a General Plan amendment.
Inclusionary Requirements: If the applicant returns with a 9-unit development, no affordable
housing would be required. A project with 10 or more units would require that at least 15% of
the units be designated as affordable. In this case, a 10- or 11-unit development would require
two (2) affordable units, due to rounding up requirements.
OPTIONS
The SARC should review the project's proposed density, site layout (e.g., setbacks), architecture,
colors and materials, tree removal, and landscaping for compliance with the Municipal Code.
The SARC should also determine if the project as proposed meets the intent of the P-D zoning district which allows flexibility for developments that create an optimum quantity and use of open space and good design given site characteristics and the surrounding environment.
In this regard, the SARC should ask:
1) What alternative development could meet the prescribed land use?
2) How should it be designed to respond to neighborhood concerns?
2) How should it be designed to avoid detrimental impacts to the health, safety or welfare of the
neighborhood?
Attachments:
1. Location Map
2. Project Plans
3. Color Board
4. Arborist Report
7 "Floor area ratio" does not include uninhabitable attic space, basements, below-grade parking, covered porches, or
unenclosed accessory structures (e.g., trellis).
8.d
Packet Pg. 155 Attachment: SARC Memo 1-18 (Pre-Authorization Request to Apply for a Lower Land Use Density)
General Plan Land Use Map (excerpt)
Neighborhood Existing Density Map
8.e
Packet Pg. 156 Attachment: Land Use Maps (Pre-Authorization Request to Apply for a Lower Land Use Density)
Conceptual Site Layout (for ilustrative purposes only)
Example Elevations (for ilustrative purposes only)
8.f
Packet Pg. 157 Attachment: Conceptual Layout and Elevations (Pre-Authorization Request to Apply for a Lower Land Use Density)