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PC Res 4286RESOLUTION 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. 2. 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 Paae 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-13.1 b: 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 Paae 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 ATTEST: Finch, Kendall, Reynolds, Rich None Bonhagen, Young, Dodd None APPROVED: ' ~~i~'~/~ ~~ ~ /~ ~~~ ~/~ vonne Kendall, Acting hair 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 1. Approved Proiect: 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.