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PC Res 4565RESOLUTION NO. 4565 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A VARIANCE (PLN2019-176) TO ALLOW A REDUCED SIDE -YARD SETBACK TO LEGALIZE AN UNPERMITTED ACCESSORY DWELLING UNIT (ADU) ON PROPERTY LOCATED AT 309 REDDING ROAD IN THE R-1-6 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT. FILE NO.: PLN2019-176. 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 numbers PLN2019-176: 1. The Project Site is zoned R-1-6 (Single Family Residential) 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 located on Redding Road, west of Bascom Avenue, outside of the boundaries of any neighborhood or area plan. 4. The Project Site is improved with a 1,215 square -foot single-family residential dwelling with a detached 802 square -foot structure consisting of a 344 square - footage garage component and a 458 square -foot accessory dwelling unit, which is constructed at a 10-inch side -yard setback. 5. County of Santa Clara Building Department permit records indicate that the primary dwelling and associated garage were moved onto the Project Site in 1974. 6. Based on Cartwright Aerial Survey imagery taken on March 12, 1976, the detached garage structure did not yet include the accessory dwelling unit. Subsequent imagery shows the expansion of the garage into a larger building that would eventually be converted to an unpermitted dwelling unit. The City does not have permit records for expansion of the garage structure nor for its conversion to a dwelling unit, rendering the structure and its use as a dwelling unlawful. 7. Pursuant to Campbell Municipal Code (CMC) 21.58.020.D a property owner has no right to use or occupancy of a property containing an illegal use or structure, or any use or structure that was not legally created. 8. Upon a complaint filed by a Campbell resident on July 11, 2018, the City initiated a code enforcement investigation and confirmed the presence and use of an unpermitted dwelling on the Project Site. 9. Since CMC Section 21.23.030.E (Table 3-1(b)) and Section 21.58.050, specifically prohibit the expansion of a converted accessory structure into an accessory dwelling unit along a non -conforming setback line, the accessory dwelling unit Planning Commission Resolution No. 4565 PLN2019-176 - 309 Redding Rd. (Variance Page 2 of 3 could not be legalized through normal permitting procedures. As such, the property owners' only administrative remedy was to apply for a Variance to allow for a substandard setback. 10. The Proposed Project is an application for a Variance (PLN2019-176) to allow a reduced side -yard setback to legalize an unpermitted accessory dwelling unit. 11. The Proposed Project would result in a building coverage of 23% and Floor Area Ratio (FAR) of 0.21. 12. The Project Site has a lot width of 55 '/2 feet, which is less than the 60-foot minimum lot width otherwise required by the R-1-6 (Single -Family Residential) Zoning District. 13. The requested Variance would allow a 3-foot, 2-inch reduction in the otherwise required 4-foot setback, which would be commensurate with the substandard lot width. 14. Allowing a setback reduction commensurate with the substandard lot width recognizes that this unusual parcel condition does not generally apply to comparably zoned properties. 15. The setback reduction is the minimum necessary deviation from the applicable development standards necessary for the property owner to enjoy use of the property in the same manner as owners of other properties classified in the same zoning district. 16. Requiring conformance with a 4-foot setback would require removal and reconstruction of the accessory dwelling unit's kitchen, including all cabinetry, dishwasher, sink, and range, resulting in a practical difficultly and unnecessary hardship. 17. Allowing the retention of the existing unpermitted structure and legal conversion to an accessory dwelling would be in keeping the intent of the Government Code 65852.2(e)(1)(A)(i) to allow creation of an accessory dwelling unit within the existing space an accessory structure. 18. Prior to lawful use of the accessory dwelling unit, the property owner must obtain a building permit and secure a certificate of occupancy, as required by the conditions of approval imposed by this Variance approval. 19. Approval of a Variance would not allow further expansion of the accessory dwelling unit consistent with the Campbell Municipal Code Section 21.23.030.E (Table 3- 1(b)) and Section 21.58.050. 20. Approval of a Variance does not relieve the property owners from all other applicable requirements of the Chapter 21.23 (Accessory Dwelling Units) of the Campbell Municipal Code. Planning Commission Resolution No. 4565 PLN2019-176 - 309 Redding Rd. (Variance Page 3 of 3 Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: Variance Findings (CMC Sec. 21.48.040): 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; and 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. Environmental Findinqs (CMC Sec. 21.38.050): 6. The project is Categorically Exempt under Section 15303, Class 3 of the California Environmental Quality Act (CEQA), pertaining to the construction of single-family dwellings. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Variance (PLN2019-176) to allow a reduced side -yard setback to legalize an unpermitted accessory dwelling unit (ADU) on property located at 309 Redding Road, subject to the attached Conditions of Approval (attached Exhibit "A"). PASSED AND ADOPTED this 14th day of July, 2020, by the following roll call vote: AYES: Commissioners: Buchbinder, Ostrowski, Hines, and Ching NOES: Commissioners: Colvill, Krey, and Rivlin ABSENT: Commissioners: ABSTAIN: Commissioners: APPROVED: V c Michael Krey, Chair ATTEST: Paul Kermoyan, Secretary CONDITIONS OF APPROVAL Variance (PLN2019-176) 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 to allow a reduced side -yard setback to legalize an unpermitted accessory dwelling unit (ADU) on property located at 309 Redding Road. The project shall substantially conform to the Project Plans, stamped as received by the Community Development Department on September 9, 2019, except as may be modified by the conditions of approval contained herein. 2. Permit Expiration/Deadline: The property owner shall submit an application for a new building permit (or make a request to the Building Official to reactive the expired permit application) to legalize the subject ADU no later than July 31, 2020. The building permit must be obtained no later than September 30, 2020. Final permit clearance and a certificate of occupancy must be granted no later than October 31, 2020. Failure to meet these deadlines will result in the Variance being rendered void and recommencement of code enforcement action. The Community Development Director may grant extensions to these deadlines in such circumstances where a delay resulted from City action or inaction. 3. Planning Final Required: Planning Division clearance is required prior to final Building Permit clearance. Construction not in substantial compliance with the approved project plans shall not be approved without prior authorization of the necessary approving body. 4. Interim Usage Restriction: The unpermitted ADU shall not be used for habitation purposes until such time that a certificate of occupancy has been granted. 5. Expansion Prohibited: The ADU may not be expanded consistent with Campbell Municipal Code Section 21.23.030.E (Table 3-1(b)) and Section 21.58.050.