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City Council Staff Report (2020-03-03) City Council Report TITLE: Public Hearing to Consider the Application of Robson Homes for 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 100-300 Haymarket Court (Formally 880 and 910 Harriet Avenue) (Ordinance/Roll Call Vote) RECOMMENDED ACTION The Planning Commission recommends that the City Council take first reading and introduce an ordinance approving a Major Modification (PLN2019-238) to a previously approved Planned Development Permit (PLN2018-178). ENVIRONMENTAL DETERMINATION The Planning Commission recommends that the City Council find the proposed Major Modification falls within the scope of the Mitigated Negative Declaration (MND) adopted for the original project since ADUs are considered incidental to a single-family residence under State law, and therefore may be considered Categorically Exempt from the California Environmental Quality Act (CEQA). BACKGROUND Property Description: The project site is a 6-lot single-family residential planned development subdivision known as Haymarket Court, which was approved by the City Council on December 4, 2018 (reference Attachment B). Applicant’s Proposal: The applicant is seeking approval of a "Major Modification"1 to the approved Planned Development Permit to allow the addition of 435 square-foot ADUs atop of the detached garages on Lots 4, 5, and 6 (reference Attachment C – Project Plans). 1 "Major Modification" specifically means a modification to a planned development permit that proposes to add additional square footage or substantially alter the design or specifications approved by the site plan shall be reviewed by the planning commission and approved by the City Council. (CMC Sec. 21.12.030.H.3.b). Item: 10 Category: PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES Meeting Date: March 3, 2020 10 Packet Pg. 138 PLN2019-238 ~ 100-300 Haymarket Ct. Page 2 of 3 DISCUSSION Planning Commission Review: The Planning Commission considered this application at its meeting of February 11, 2020 (reference Attachment D – PC Staff Report). After a short discussion, the Commission adopted Resolution No. 4457 recommending approval of the application by a 5-0-2 vote (Commissioners Ching and Ostrowski absent). FISCAL IMPACTS Construction of the three ADUs will generate additional building permit fees. However, since the ADUs are under 750 square-feet, they are exempt from park impact fees under State law. ALTERNATIVES 1.Approve the proposed project subject to additional and/or modified Conditions of Approval. 2.Continue for further review. 3.Deny the proposed project. Prepared by: Daniel Fama, Senior Planner Reviewed by: Paul Kermoyan, Community Development Director Approved by: Brian Loventhal, City Manager Attachment: 10 Packet Pg. 139 PLN2019-238 ~ 100-300 Haymarket Ct. Page 3 of 3 a.Draft Ordinance b.Location Map c.Project Plans d.PC Staff Repot 10 Packet Pg. 140 ORDINANCE NO. ____ 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 10.a Packet Pg. 141 Attachment: Draft Ordinance (PLN2019-238 ~ 100-300 Haymarket Ct.) City Council Ordinance No.____ 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. 10.a Packet Pg. 142 Attachment: Draft Ordinance (PLN2019-238 ~ 100-300 Haymarket Ct.) City Council Ordinance No.____ 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 ___ day of _____, ____, by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: APPROVED: Susan M. Landry, Mayor ATTEST: Wendy Wood, City Clerk 10.a Packet Pg. 143 Attachment: Draft Ordinance (PLN2019-238 ~ 100-300 Haymarket Ct.) 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. 10.a Packet Pg. 144 Attachment: Draft Ordinance (PLN2019-238 ~ 100-300 Haymarket Ct.) 188 This map is based on GIS Information and reflects the most current information at the time of this printing. The map is intended for reference purposes only and the City and its staff is not responsible for errors. Location Map 2,257Campbell IT, GIS Services 376 1:WGS_1984_Web_Mercator_Auxiliary_Sphere Feet 3760 Scale 10.b Packet Pg. 145 Attachment: Location Map (PLN2019-238 ~ 100-300 Haymarket Ct.) 10.cPacket Pg. 146Attachment: Project Plans (PLN2019-238 ~ 100-300 Haymarket Ct.) 10.cPacket Pg. 147Attachment: Project Plans (PLN2019-238 ~ 100-300 Haymarket Ct.) 10.cPacket Pg. 148Attachment: Project Plans (PLN2019-238 ~ 100-300 Haymarket Ct.) 10.cPacket Pg. 149Attachment: Project Plans (PLN2019-238 ~ 100-300 Haymarket Ct.) 10.cPacket Pg. 150Attachment: Project Plans (PLN2019-238 ~ 100-300 Haymarket Ct.) 10.cPacket Pg. 151Attachment: Project Plans (PLN2019-238 ~ 100-300 Haymarket Ct.) 10.cPacket Pg. 152Attachment: Project Plans (PLN2019-238 ~ 100-300 Haymarket Ct.) 10.cPacket Pg. 153Attachment: Project Plans (PLN2019-238 ~ 100-300 Haymarket Ct.) 10.cPacket Pg. 154Attachment: Project Plans (PLN2019-238 ~ 100-300 Haymarket Ct.) 10.cPacket Pg. 155Attachment: Project Plans (PLN2019-238 ~ 100-300 Haymarket Ct.) 10.cPacket Pg. 156Attachment: Project Plans (PLN2019-238 ~ 100-300 Haymarket Ct.) ITEM NO. 1 2 1 CITY OF CAMPBELL ∙ PLANNING COMMISSION Staff Report ∙ February 12, 2020 PLN2019-328 Mar, J. Public Hearing to consider the application of Robson Homes 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 100-300 Haymarket Court (formally 880 and 910 Harriet Ave) in the P-D (Planned Development) Zoning District. STAFF RECOMMENDATION That the Planning Commission take the following action: 1. Adopt a Resolution, recommending that the City Council adopt an ordinance approving a Major Modification (PLN2019-328) to a previously approved Planned Development Permit (PLN2018-178). ENVIRONMENTAL DETERMINATION In approving the original Planned Development Permit the City Council also adopted a Mitigated Negative Declaration (MND) finding that there was no substantial evidence that the project would have a significant effect on the environment. The addition of accessory dwelling units (ADUs) to the project falls within the scope of the MND since ADUs are considered incidental to a single-family residence under State law. PROJECT DATA General Plan Designation: Low Density Residential (less than 4.5 Units/Gr. Acre) Zoning: P-D (Planned Development) Area Plan: San Tomas Area Neighborhood Plan (STANP) Density: 5 Units/Gr. Acre Parking Proposed: 24 parking spaces (12 covered; 12 uncovered/guest) Parking Provided : 24 spaces (6 covered; 6 uncovered, 12 uncovered/guest) Project Data Lot 1 Lot 2 Lot 3 Lot 4 Lot 5 Lot 6 Lot Size 6,709 6,801 6,708 6,774 6,774 7,187 First Floor SF 1,398 1,398 1,398 1,507 1,489 1,507 Second Floor SF 1,232 1,230 1,232 1,121 1,142 1,121 Garage SF 386 386 386 416 416 416 ADU SF - - - 435 435 435 Total Area SF 3,016 3,014 3,016 3,479 3,482 3,479 FAR .45 .443 .45 .514 .514 .484 10.d Packet Pg. 157 Attachment: PC Staff Repot (PLN2019-238 ~ 100-300 Haymarket Ct.) Staff Report ~ Planning Commission Meeting of February 11, 2020 Page 2 of 4 PLN2019-328 ~ 100, 200, 300 Haymarket Ct. DISCUSSION Project Site: On December 4, 2018, the City Council approved a Planned Development Permit and Subdivision Map to allow a six-lot single-family residential development located along Harriet Avenue (reference Attachment 2 – Location Map). Three of the homes incorporated attached garages and the other three detached garages, as shown on the site plan, below: Proposal: With the recent adoption of the City’s new ADU Ordinance—which eliminated minimum lot sizes, reduced setbacks, and allowed 2-story ADUs—the applicant is seeking to add 435 square-foot ADUs atop of the three detached garages on Lots 4, 5, and 6 (reference Attachment 3 – Project Plans). Since the project is subject to an approved Planned Development Permit, the applicant has applied for a “Major Modification”. ANALYSIS Zoning District: The project site is located within the P-D (Planned Development) Zoning District. Addition of any new square-footage to a project approved by a Planned Development Permit requires approval by the City Council upon recommendation by the Planning Commission of a “Major Modification” 1. Upon approval of the modification request, the proposal would be consistent with the P-D Zoning District. General Plan Consistency: The General Plan land use designation for the project site is Low- Density Residential (Less than six units per gross acre). This land use designation is intended to accommodate detached single-family homes on lots that are typically 6,000 square-feet. Introduction of ADUs would be consistent with this land use designation in that they are considered an incidental component of a residential dwelling. Moreover, under State law ADUs do not increase the density of a residential project. 1 Major Modification" specifically means a modification to a planned development permit that proposes to add additional square footage or substantially alter the design or specifications approved by the site plan shall be reviewed by the planning commission and approved by the City Council. (CMC Sec. 21.12.030.H.3.b). 10.d Packet Pg. 158 Attachment: PC Staff Repot (PLN2019-238 ~ 100-300 Haymarket Ct.) Staff Report ~ Planning Commission Meeting of February 11, 2020 Page 3 of 4 PLN2019-328 ~ 100, 200, 300 Haymarket Ct. The addition of ADUs to an approved housing project would also further 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. Site Layout: The layout of the affected lots remains unchanged since the addition of the ADUs does not change the approved placement of the garages. Design: The revised garage/ADU structures are shown below. The structures generally maintain design consistency with the primary homes (reference Attachment 4 – Final Elevations), as required by the ADU Ordinance. Lot 4 Lot 5 Lot 6 Setbacks: The garage/ADU structures would all maintain a minimum 5-foot setback from side and rear property lines. This exceeds the minimum 4-foot setback required under State law. Parking: New detached ADUs require one parking stall per unit. As allowed by State law, the driveways serving the garages satisfy this parking requirement since they exceed the minimum depth and width dimensions for a parking stall. Privacy: The City’s ADU Ordinance requires that all second-story windows less than eight feet from rear and interior-side property lines be clerestory with the bottom of the glass at least six feet above the finished floor. The proposed ADUs comply with this requirement by placing the primary/egress windows interior into the lots and by use of clearstory windows on walls that abut property lines. Floor Area Ratio: The proposed ADUs would increase the FAR of the affected lots beyond the 0.45 maximum, up to 0.514. State law now stipulates that the City’s FAR and Lot Coverage standards may be exceeded in order to allow up to an 800 square-foot ADU. The intent of this provision is to provide relief to homeowners who had already maximized the development capacity of their lot to create an ADU. In this regard, the Community Development Director has determined that this provision may only be exercised in association with existing homes. If a property owner proposes an ADU in association with a new home, then the expectation is for the property to satisfy the City’s FAR and Lot Coverage requirements. However, the City’s ADU Ordinance also provides flexibility for Planned Development zoned properties by allowing a developer to ask for “less restrictive standards” as means to promote 10.d Packet Pg. 159 Attachment: PC Staff Repot (PLN2019-238 ~ 100-300 Haymarket Ct.) Staff Report ~ Planning Commission Meeting of February 11, 2020 Page 4 of 4 PLN2019-328 ~ 100, 200, 300 Haymarket Ct. ADU production. Under this provision, the increase to FAR may be permitted by the City Council, subject to the action being approved by ordinance. Since the proposed floor area increase is intended to add modestly-sized ADUs and would not otherwise affect the scale or layout of the project, the proposed FAR increase may be seen as keeping with the intent of the State’s ADU legislation. Site and Architectural Review Committee: The Site and Architectural Review Committee (SARC) reviewed this application at its meeting of January 28, 2020. The SARC was generally agreeable to the proposal only asking why the applicant could not add ADUs to the other three homes. The applicant indicated that since those homes have attached garages, introduction of ADUs would require structural revisions that cannot be accommodated at this stage. Attachments: 1. Draft Resolution 2. Location Map 3. Project Plans 4. Final Elevation Drawings Prepared by: Daniel Fama, Senior Planner Approved by: Paul Kermoyan, Community Development Director 10.d Packet Pg. 160 Attachment: PC Staff Repot (PLN2019-238 ~ 100-300 Haymarket Ct.)