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CC Ordinance 2264 ORDINANCE NO. 2264 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A MAJOR MODIFICATION (PLN2019- 238) TO A PREVIOUSLY-APPROVED PLANNED DEVELOPMENT PERMIT (PLN2018-178) TO ALLOW THREE ACCESSORY DWELLING UNITS (ADUS) WITHIN AN APPROVED SIX-LOT SINGLE-FAMILY RESIDENTIAL PLANNED DEVELOPMENT, FOR PROPERTIES LOCATED AT 100, 200, AND 300 HAYMARKET COURT (FORMALLY 880 AND 910 HARRIET AVE). After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents. the hearing was closed. After due consideration of all evidence presented, the City Council of the City of Campbell does ordain as follows: Environmental Finding 1. The Proposed Project falls within the scope of a previously adopted Mitigated Negative Declaration (MND) as ADUs are considered incidental to a single-family residence under State law. Evidentiary Findings 1 . The Project Site is zoned P-D (Planned Development) on the City of Campbell Zoning Map. 2. The Project Site is designated Low Density Residential (Less than 6 units/gr. acre) on the City of Campbell General Plan Land Use diagram. 3. The Project Site is three parcels located on a private street know as Haymarket Court located east of Harriet Avenue. 4. The Project Site is subject to a Planned Development Permit (PLN2018-178) approved by the City Council on December 4, 2018 by Resolution No. 12384. 5. The Proposed Project is an application to modify the previously approved Planned Development Permit (PLN2018-178) to allow 435 square-foot accessory dwelling units (ADUs) atop of the three detached garages located on Lots 4, 5, and 6 within the Project Site. 6. The proposed project constitutes a "Major Modification" to the previously approved Planned Development Permit because it "proposes to add additional square footage or substantially alter the design or specifications approved by the site plan..." as specified Campbell Municipal Code (CMC) Sec. 21.12.030.H.3.b. 7. Although CMC Section 21.23.030.D species that an ADU may exceed the applicable Floor Area Ratio (FAR) to the extent necessary to allow an accessory dwelling unit no larger than 800 square feet, the Community Development Director has determined that City Council Ordinance No. 2264 Page 2 of 3 Approving a Major Modification of a Planned Development Permit PLN2019-238 — 100, 200, 300 Haymarket Court this provision may only be exercised in association with existing homes and is therefore inapplicable for the Proposed Project. 8. The Proposed Project would increase the FAR of the affected lots beyond the 0.45 maximum specified by the San Tomas Area Neighborhood Plan (STANP), up to 0.514. 9. Notwithstanding the inapplicability CMC Section 21.23.030.D, the Proposed Project may nonetheless still exceed the maximum FAR specified by the STANP pursuant to CMS Section 21.23.100 which allows developers to seek "less restrictive standards" as means to promote ADU production, which may be approved by the City Council by ordinance. 10. The Proposed Project would be consistent with the General Plan Land Use Goal LUT- 3 and Housing Element Policy H-5.3: Goal LUT-3: Options in ownership and rental housing in terms of style, size, and density that contribute positively to the surrounding neighborhood Policy H-5.3: Secondary Dwelling Units: Provide for the infill of modestly priced rental housing by encouraging secondary units in residential neighborhoods. 11. In review of the Proposed Project, the City Council considered the site circulation, traffic congestion, and traffic safety effects of the project, including the effect of the site development plan on traffic conditions on abutting streets; the layout of the site with respect to locations and dimensions of vehicular and pedestrian entrances, exit driveways, and walkways; the arrangement and adequacy of off-street parking facilities to prevent traffic congestion; the location, arrangement, and dimensions of truck loading and unloading facilities; the circulation patterns within the boundaries of the development, and; the surfacing and lighting of the off-street parking facilities. 12. The City Council further considered the landscaping design of the proposed project, including the location, height, and material offences, walls, hedges, and screen plantings to ensure harmony with adjacent development or to conceal storage areas, utility installations, and other unsightly aspects of the development; the planting of groundcover or other surfacing to prevent dust and erosion, and the preservation of existing healthy trees. 13. The City Council further considered the proposed project's architectural and site layout, including the general silhouette and mass, including location on the site, elevations, and relation to natural plant coverage, all in relationship to the surrounding neighborhood; the exterior design in relation to adjoining structures in terms of area, bulk, height, openings, and breaks in the facade facing the street; and appropriateness and compatibility of the proposed uses in relation to the adjacent uses and the area as a whole. 14. No substantial evidence has been presented which shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. City Council Ordinance No. 2264 Page 3 of 3 Approving a Major Modification of a Planned Development Permit PLN2019-238 — 100, 200, 300 Haymarket Court Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1 . The proposed development or uses clearly would result in a more desirable environment and use of land than would be possible under any other zoning district classification; 2. The proposed development would be compatible with the general plan and will aid in the harmonious development of the immediate area; 3. The proposed development would not be detrimental to the health, safety or welfare of the neighborhood or of the city as a whole. 4. The establishment will not create a nuisance due to litter, noise, traffic, vandalism or other factors; 5. The establishment will not significantly disturb the peace and enjoyment of the nearby residential neighborhood; and 6. This project is Categorically Exempt under Section 15303 (Class 3) of the California Environmental Quality Act (CEQA) Guidelines pertaining to the construction of accessory (appurtenant) structures SECTION ONE: That this Ordinance be adopted to approve a Major Modification (PLN2019-328) to a previously-approved Planned Development Permit (PLN2018-178) to allow three accessory dwelling units (ADUs) within an approved six-lot single-family residential planned development, for properties located at 100, 200, and 300 Haymarket Court (formally 880 and 910 Harriet Ave), subject to the attached Conditions of Approval (attached Exhibit A). SECTION TWO: This Ordinance shall become effective thirty (30) days following its passage and adoption and shall be published, one time within fifteen (15) days upon passage and adoption in the Campbell Express, a newspaper of general circulation in the City of Campbell, County of Santa Clara. PASSED AND ADOPTED this 17th day of March, 2020, by the following roll call vote: AYES: COUNCILMEMBERS: Waterman. Bybee, Resnikoff, Gibbons, Landry NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None APPROVED: Susan M. Lamy, Mayor T its fefe' A TEST: Wendy Wood, City Clerk EXHIBIT A CONDITIONS OF APPROVAL Major Modification (PLN2018-328) 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 Planning Division 1. Approved Project: Approval is granted for a Major Modification (PLN2019-328) to a previously-approved Planned Development Permit (PLN2018-178) to allow three accessory dwelling units (ADUs) within an approved six-lot single-family residential planned development, for properties located at 100, 200, and 300 Haymarket Court (formally 880 and 910 Harriet Ave). The design of garage/ADU structures shall substantially conform to the Revised Project Plans, stamped as received by the Planning Division on January 28, 2020. No other changes to the original Project Plans, stamped as received by the Planning Division on September 26, 2018, and approved by City Council Resolution No. 12384, are authorized. 2. Permit Expiration: The Major Modification approved herein ("Approval") shall be valid for one (1) year from the effective date of City Council approval (expiring April 16, 2021). Within this one-year period, an application for building permit(s) must be submitted. Failure to meet this deadline or expiration of an issued building permit will result in the Approval being rendered void. 3. Previous Conditions of Approval: The conditions of approval contained herein shall be considered additional to those provided by City Council Resolution No. 12384.