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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.