PC Res 4528RESOLUTION NO. 4528
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A VARIANCE (PLN2019-147) TO
APPLICABLE DEVELOPMENT STANDARDS INCLUDING
SETBACKS, OPEN SPACE, LOT COVERAGE, AND FLOOR AREA
RATIO, TO FACILITATE A LOT LINE ADJUSTMENT INTENDED TO
REMEDY NON -COMPLIANT CONSTRUCTION (I.E., BUILDINGS
CROSSING PROPERTY LINES) THROUGH A RECONFIGURATION
OF EXISTING PARCEL BOUNDARIES ON PROPERTY LOCATED AT
1690, 1710, 1712, AND 1718 WHITWOOD LANE IN THE R-2
(MULTIPLE -FAMILY RESIDENTIAL) ZONING DISTRICT.
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 PLN2019-147:
1. The project site is zoned R-2 (Multiple -Family Residential) on the City of Campbell
Zoning Map.
2. The project site is designated Medium Density Residential (14-20 units/gr. acre) on
the City of Campbell General Plan Land Use diagram.
3. The project site consists of four parcels on the south side of Whitwood Lane
between Bucknall Road and Winslow Court.
4. The properties are developed with four two-story apartment buildings constructed in
the early 1960s.
5. Currently two of the existing buildings are located over the property lines separating
1690, 1710, and 1712 Whitwood Lane.
6. The existing buildings appear to be original and the property lines are in their original
locations.
7. The project would be consistent with the following General Plan policies and
strategies:
Strategy 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-5.2a: Neighborhood Compatibility Promote new residential development and
substantial additions that are designed to maintain and support the existing
character and development pattern of the surrounding neighborhood, especially
in historic neighborhoods and neighborhoods with consistent design
characteristics.
Planning Commission Resolution No. 4528 Page 2 of 4
PLN2019-147 - 1690, 1710, 1712, and 1718 Whitwood Lane - Variance
8. The following noncompliant development features at each property requires
approval of a Variance:
a. 1690 Whitwood Lane:
i. Front setback (no change)
ii. Parking setback (no change)
iii. East side first floor setback (no change)
b. 1710 Whitwood Lane:
i. Front setback (no change)
ii. Parking setback (no change)
c. 1712 Whitwood Lane:
i. South side setback (no change)
d. 1718 Whitwood Lane:
I . Lot coverage (41.9% to 42.9%)
ii. Floor area ratio (0.56 to 0.57)
iii. Front setback (no change)
iv. North side setback (no change)
V. Recreational open space (no change)
9. The proposed configuration comes the closest to achieving compliance with current
zoning standards while maintaining the most logical property lines and without
requiring physical changes such as to the existing patio areas and fencing where
possible.
10. The number of existing parking spaces on each property would be maintained, but
all four of the properties are insufficient in terms of parking spaces when applying
current requirements.
11. Pursuant to CMC Section 21.28.030(E) existing parking below the current code
requirements is not classified as a nonconformity and additional parking is required
only if the use is enlarged or changed.
12. While the project would result in the minor intensification of existing noncompliant
features (lot coverage and floor area ratio) on one of the four properties, this is
preferable to the current conditions in which two buildings are located over property
lines.
13. The existing conditions present a unique situation where the alternatives to a
Variance would involve demolition of the existing structures or an application for a
Planning Commission Resolution No. 4528 Page 3 of 4
PLN2019-147 - 1690, 1710, 1712, and 1718 Whitwood Lane - Variance
Planned Development Permit to maintain the structures with flexibility in
development standards.
14. The subject properties would be consistent with the surrounding development in
terms of one apartment building on one property, as well as the development
standards applicable when the neighborhood was developed.
15. 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.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. With approval of a Variance, the subsequent Lot Line Adjustment will be consistent
with the Zoning Ordinance.
2. 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 the Zoning Code.
3. 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.
4. 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.
5. The granting of the Variance will not constitute a grant of special privileges
inconsistent with the limitations on other properties classified in the same zoning
district.
6. 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 area.
7. There is a reasonable relationship and a rough proportionality between the
Conditions of Approval and the impacts of the project.
8. There is a reasonable relationship between the use of the fees imposed upon the
project and the type of development project.
9. This project is exempt from review under the California Environmental Quality Act
(CEQA) as there is no possibility for the project to have a significant effect on the
environment under CEQA Section 15061.b.3.
THEREFORE, BE IT RESOLVED that the Planning Commission approves a Variance
(PLN2019-147) to applicable development standards including setbacks, open space,
Planning Commission Resolution No. 4528 Page 4 of 4
PLN2019-147 — 1690, 1710, 1712, and 1718 Whitwood Lane - Variance
lot coverage, and floor area ratio, to facilitate a lot line adjustment intended to remedy
non -compliant construction (i.e., buildings crossing property lines) through a
reconfiguration of existing parcel boundaries on property located at 1690, 1710, 1712,
and 1718 Whitwood Lane, subject to the attached Conditions of Approval (attached
Exhibit "A").
PASSED AND ADOPTED this 24th day of September, 2019, by the following roll call
vote:
AYES:
Commissioners: Buchbinder, Ching, Krey, and Ostrowski
NOES:
Commissioners:
ABSENT:
Commissioners: Hines and Rivlin
ABSTAIN:
Commissioners:
APPROVED:
Michael Krey, Acting Chair
ATTEST: 01
Paul Kermoyan, Secretary
CONDITIONS OF APPROVAL
Variance (PLN2019-147)
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 Variance (PLN2019-147) to applicable
development standards including setbacks, open space, lot coverage, and floor area
ratio, to facilitate a lot line adjustment intended to remedy non -compliant
construction (i.e., buildings crossing property lines) through a reconfiguration of
existing parcel boundaries on property located at 1690, 1710, 1712, and 1718
Whitwood Lane. The project shall substantially conform to the Project Plans,
stamped as received by the Community Development Department on August 19,
2019, except as may be modified by conditions of approval contained herein.
2. Approval Expiration: The Variance approval shall be valid for two years from the
date of final approval (expiring September 24, 2021). A lot line adjustment to
reconfigure the parcel boundaries per the Project Plans must be completed within
this two-year period or the Variance approval shall be void. Such a decision can be
made by staff, consistent with the City's standard practice.
3. Use and Maintenance Agreement: A use and maintenance easement and/or
agreement pertaining to the shared driveway and parking access areas between
1712 and 1718 Whitwood Lane, to the satisfaction of the Community Development
Department and City Attorney, shall be recorded concurrently with the Lot Line
Adjustment. A deposit of $5,000 shall be provided by the applicant for preparation of
the agreement by the City Attorney.
4. Compliance with Other Regulations: The applicant and/or owners shall comply with
other state, county, and city ordinances that pertain to the proposed project or a
future project.