CC Resolution 13051 - Approval of an Appeal 68 Page St.RESOLUTION NO. 13051
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
APPROVING AN APPEAL AND DENYING A VARIANCE TO ALLOW
CONSTRUCTION OF AN APPROXIMATELY 916 SQUARE -FOOT SINGLE-FAMILY
DWELLING AND A 642 SQUARE -FOOT ATTACHED ACCESSORY DWELLING
UNIT (ADU), WITH A SUBSTANDARD 14 % FOOT FRONT -YARD SETBACK AND 5-
FOOT STREET -SIDE SETBACK FOR PROPERTY LOCATED AT 68 PAGE STREET.
FILE NO.: PLN-2022-101
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
finds as follows with regard to file number PLN-2022-101:
Environmental Finding
The action to deny the Proposed Project is
review under the California Environmental
Resource Code Section 21080(b)(5).
Evidentiary Findings
Statutorily Exempt from environmental
Quality Act (CEQA) pursuant to Public
1. The Project Site is zoned R-1-6 (Single -Family Residential — 6,000 sq. ft. min. lot size)
on the City of Campbell Zoning Map. As specified by Campbell Municipal Code (CMC)
Section 21.08.030.A.1, the intent of the R-1 (Single -Family Residential) Zoning District
is to stabilize and protect the residential characteristics of the district and to encourage
a suitable environment for domestic home life.
2. The Project Site is designated Low Density Residential (<6 units/gr. acre) on the City
of Campbell General Plan Land Use diagram, which provides for creation of detached
single-family homes (on lots that are typically 6,000 square feet) with a resulting
allowable density of less than 6 units per acre results in a population of approximately
one to 15 people per acre.
3. The Project Site is a 3,415 square -foot residential parcel located at southeast corner
of Page Street and Maple Avenue.
4. On May 6, 2022, the Building Inspection Division issued a Building Permit (BLD-2022-
191) to allow an "interior remodel [of an existing single-family dwelling] to create total
of three (3) bathrooms, one (1) bedroom, one (1) living room, one (1) kitchen and one
(1) dining room; property line clean and back flow device are required; replace
windows and doors [and to] replace all outside wall to stucco; install pl cleanout;
backflow required."
5. On June 30, 2023, the Building Inspection Division issued a "stop work" order because
the extent of construction exceeded the scope of work identified by Building Permit
(BLD-2022-191. The extent of the unpermitted construction was to a degree that the
existing single-family residence was functionally demolished such that any
reconstruction would constitute creation of a "new dwelling using portions of the
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68 Page Street — Variance Appeal (PLN-2022-1 0 1)
original structure" pursuant to CMC Section 18.32.010, subject to all codes and
standards applicable to new construction as specified by the Campbell Municipal
Code.
6. As a "new dwelling using portions of the original structure," the provisions allowing
retention and expansion of non -conforming structures, as provided in CMC Sec.
21.58.050, do not apply since the original structure is no longer in existence. As a
result, reconstruction of the dwelling must comply with all development standards of
the R-1-6 Zoning District specified in CMC 21.08.030.E, Table 2-3 (General
Development Standards - R-1 Zoning District).
7. The Applicant, desiring to reconstruct the dwelling in the same approximate location
as the prior structure with similar substandard street -side and front -yard setbacks,
applied for a Variance on August 24, 2022.
8. The Variance application, as revised, seeks to allow construction of a single-family
dwelling, inclusive of an attached accessory dwelling unit (ADU), at a substandard
front setback back of approximately 14 Y2 feet and street -side setback of 5-feet, where
a setback of 20-feet and 12-feet, respectively, would otherwise be required.
9. The Variance application was deemed "complete" under the Permit Streamlining Act
on December 2, 2022, and therefore is subject to the Zoning Code and General Plan
in effect at that time pursuant to CMC Sec. 21.01.050.E.
10. The Variance application was considered by the Planning Commission at its meeting
of February 14, 2023, wherein, after closing of the public hearing, adopted Resolution
No. 4663, granting approval of the Variance application.
11. A timely Appeal of the Planning Commission's action to approve the Variance
application was received on February 23, 2023.
12. The City Council considered the Appeal at its meetings of March 21, 2023, continuing
the hearing to July 18, 2023, where after deliberation, the Council voted to approve
the Appeal, overturning the Planning Commission's approval, and directing staff to
return with a resolution with findings to deny the Variance.
13. After consideration of the evidenced provided in the administrative record and public
hearings, the City Council finds that the configuration of the structure proposed by the
Variance application incorporates unnecessary design elements that result in a wider
and larger residential area than would otherwise be required, particularly the inclusion
of two sets of (laundry) washers and dryers in both the primary dwelling and accessory
dwelling units, as well as separate bathrooms for each individual bedroom (in addition
to a guest bathroom in the primary dwelling unit) .
14. Furthermore, inclusion of unnecessary design elements has resulted in a self-created
hardship from which approval of a Variance would afford the Applicant with privileges
not enjoyed by owners of comparably zoned properties by allowing encroachment into
setbacks in which all other properties must abide by.
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68 Page Street - Variance Appeal (PLN-2022-1 0 1)
15. Compliance with the required front and street -side setbacks would still provide a
usable buildable envelope, especially given the availability of prefabricated homes of
similar sizes.
16. The subject parcel's narrow dimensions do not constitute a valid reason for the
requested variance. Instead, this site condition can be addressed in accordance with
the Zoning Code's provisions.
17. Approval of the Variance would be inconsistent with General Plan Goal LUT-5, and
its supporting Policy LUT-5.2 and Strategy LUT-5.2a, which encourage the City to
preserve and maintain established residential neighborhoods.
Goal LUT-5: Preservation and enhancement of the quality character and land use
patterns that support the neighborhood concept.
Policy 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.
18. The provisions of CMC Chapter 21.25 (Two -Unit Housing Developments), the City of
Campbell's local implementation of Senate Bill No. 9 (2021), may not be exercised to
allow reconstruction of the dwelling because the project would have involved
demolition a housing structure that had been occupied by a tenant in the last three
years. Occupancy of the prior dwelling by a tenant is evidenced by the property's
FY2022-2023 Santa Clara County Secured Property Tax Bill and Supplemental
Property Tax Bill, both of which indicate that the prior and current property owner did
not claim the "Homeowners Exemption," which is a minor reduction of property
valuation granted pursuant Rev. & Tax. Code § 218 for owners who reside on a
property, indicating that the property was not occupied by the property owner, but
rather by a tenant.
Based upon the foregoing findings of fact and pursuant, the City Council further finds and
concludes that:
The strict or literal interpretations and enforcement of the specified regulation(s)
would not 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 not deprive the applicant of privileges enjoyed by the owners of other
properties classified in the same zoning district;
3. There are not 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;
City Council Resolution 13051 Page 4 of 4
68 Page Street — Variance Appeal (PLN-2022-101)
4. The granting of the Variance would 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 would be detrimental to the public health, safety, or
I elfare, or materially injurious to properties or improvements in the vicinity.
THEREFORE, BE IT RESOLVED, that the City Council approves an appeal and denies
with prejudice a Variance to allow construction of an approximately 916 square -foot
single-family dwelling and a 642 square -foot attached accessory dwelling unit (ADU), with
a substandard 14 V2 foot front -yard setback and 5-foot street -side setback, for property
located at 68 Page Street, subject to the prohibition of the same or substantially similar
development proposal being submitted within twelve months pursuant to Campbell
Municipal Code Section 21.56.080.
PASSED AND ADOPTED, this 19th day of September, 2023, by the following roll call
vote:
AYES:
Councilmembers: Lopez, Scozzola, Landry, Bybee
NOES:
Councilmembers: Furtado
ABSENT:
Councilmembers: None
ABSTAIN:
Councilmembers: None
APPROVED:
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Anne Bybee, Mayor
ATTEST:
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'Andrea Sa rs, City Clerk