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PC Res 4676RESOLUTION NO. 4676 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A ZONING EXCEPTION TO ALLOW AN APPROXIMATELY 666 SQUARE-FOOT EXPANSION (INCLUSIVE OF A 557 SQUARE-FOOT GARAGE ADDITION AND 109 SQUARE-FOOT LIVING AREA ADDITION) OF AN EXISTING ACCESSORY DWELLING UNIT ("CARRIAGE HOUSE") PREVIOUSLY APPROVED BY A CONDITIONAL USE PERMIT (UP 96-04), ON A LANDMARK PROPERTY LISTED ON THE CAMPBELL HISTORIC RESOURCE INVENTORY (HRI), COMMONLY KNOWN AS THE LITTLETON-MARTIN HOUSE, LOCATED AT 1690 LITTLETON PLACE IN THE R-1-9-H (SINGLE-FAMILY RESIDENTIAL / HISTORIC OVERLAY) COMBINING ZONING DISTRICT), INCLUDING EXCEEDANCE OF THE MAXIMUM ALLOWABLE SIZE FOR AN ACCESSORY DWELLING UNIT, AN EXCEPTION TO THE EXPANSION PROHIBITION FOR LEGAL NON-CONFORMING STRUCTURES, AND EXCEPTIONS TO THE SPECIAL PROVISIONS FOR ACCESSORY DWELLING UNITS LOCATED ON HISTORIC PROPERTIES. FILE NO.: PLN-2022-158 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 PLN-2022-158: 1. The Project Site is zoned R-1-9-H (Single-Family Residential / Historic Overlay) Combining Zoning District), on the City of Campbell Zoning Map and within the boundaries of the San Tomas Area Neighborhood Plan (STANP). 2. The Project Site is designated Low Density Residential (<4.5 units/gr. acre) on the City of Campbell General Plan Land Use diagram. 3. The Project Site is an approximately 26,000 square-foot parcel located along Littleton Place, a small cul-de-sac off Harriet Avenue, between Westmont and Hacienda Avenues. 4. The Project Site is developed with a single-family residence in a neo-classical style constructed circa 1905, commonly known as the Littleton-Martin House, a designated Landmark on the City of Campbell Historic Preservation Inventory. 5. The Landmark designation was granted by the City Council on February 19, 1991, through adoption of Ordinance No. 1831. This designation was limited to the principal structure—the Littleton-Martin House—and did not extend to the "carriage house", barn, or grounds. 6. On June 11, 1996, the Planning Commission adopted Resolution No. 3031 approving a Conditional Use Permit to allow use of the "carriage house" as an "additional living unit" (Accessory Dwelling Unit). Planning Commission Resolution No. 4676 Page 2 of 4 PLN-2022-158 ~ 1690 Littleton Pl. – Zoning Exception 7. Due to changes to the City's Accessory Dwelling Unit (ADU) requirement made in 2016 and 2019, the "carriage house" ADU was rendered a non-conforming structure because it now exceeds the current living area maximum of 1,200 square- feet (CMC Sec. 21.23.030.G) and with regard to the placement, height, and design requirements for ADUs on historic properties (CMC Sec. 21.23.060), respectively. As a result, any additional living area or attachment of a garage, no matter the size, is prohibited under the Zoning Code's non-conforming provisions (CMC Sec. 21.58.050.D.1). 8. The Proposed Project is an application for a Zoning Exception to allow an approximately 666 square-foot expansion (inclusive of a 557 square-foot garage addition and 109 square-foot living area addition) of the "carriage house" ADU, including exceedance of the maximum allowable size for an accessory dwelling unit, an exception to the expansion prohibition for legal non-conforming structures, and exceptions to the special provisions for accessory dwelling units located on historic properties. 9. The Proposed Project does not include a Tier 1 Historic Resource Alteration Permit because the alteration to the "carriage house" does not directly affect the "historic resource," which per Ordinance No. 1831 is limited to the principal structure only. 10. The Proposed Project is limited in such a way that construction of a garage as a detached structure cannot reasonably be achieved in a manner consistent with the applicable zoning standards without impairing the landmark structure in that the subject property is encumbered by a 15-foot storm-drain easement that crosses the extent of the property; the Zoning Code precludes placement of accessory structures in the front half of the lot and/or in front of the main house, requiring such structures to be placed behind (or to the side of) the main house and on the rear half of the lot; placement of a detached garage behind the house would obscure the view of the structure's principal frontage by restricting the ability of a viewer to see structure head-on, diminishing the historic integrity of the landmark structure in a manner that could be seen as inconsistent with The Secretary of the Interior's Standard; and a large "protected" Oak tree at the southwest corner of the property restricts construction activity due to the need to avoid the critical root zone of the tree. 11. The proposed project would be consistent with the following General Plan policies: Policy LUT-8.1: Historic Buildings, Landmarks and Districts and Cultural Resources: Preserve, rehabilitate or restore the City’s historic buildings, landmarks, districts and cultural resources and retain the architectural integrity of established building patterns within historic residential neighborhoods to preserve the cultural heritage of the community. Policy CNR-1.1: Historic Resource Preservation: Ensure that the City and its citizens preserve historic resources as much as possible. Strategy LUT-9.3j: Landmark Preservation: Encourage preservation of existing landmark features on buildings and on building sites. Planning Commission Resolution No. 4676 Page 3 of 4 PLN-2022-158 ~ 1690 Littleton Pl. – Zoning Exception 12. Approval of a Zoning Exception does not relieve the property owners from the requirements of the Chapter 21.23 (Accessory Dwelling Units) of the Campbell Municipal Code. 13. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. 14. No substantial evidence has been presented which shows that the Proposed 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. The zoning exception will facilitate development and use of a historic resource in a manner that is more consistent with its historic character than would be possible under strict compliance with the Zoning Ordinance; 2. The zoning exception will not adversely impact property or public rights-of-way in the surrounding neighborhood or within a historic district; 3. The zoning exception will not negatively impact the integrity or historic characteristics of the historic resource; 4. The zoning exception is the minimum departure from the requirements of the Zoning Ordinance; 5. The zoning exception is in conformance with the General Plan, adopted area plan, and applicable design guidelines; and 6. This project is is Categorically Exempt under Section 15331, Class 31 of the California Environment Quality Act (CEQA), pertaining to projects involving the maintenance, rehabilitation, restoration, preservation, or reconstruction of historical resources, provided that the activity is consistent with The Secretary of the Interior's Standards for the Treatment of Historic Properties. THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval of a Zoning Exception to allow an approximately 666 square-foot expansion (inclusive of a 557 square-foot garage addition and 109 square-foot living area addition) of an existing accessory dwelling unit ("carriage house") previously approved by a Conditional Use Permit (UP 96-04), on a Landmark Property listed on the Campbell Historic Resource Inventory (HRI), commonly known as the Littleton-Martin House, located at 1690 Littleton Place in the R-1-9-H (Single-Family Residential / Historic Overlay) Combining Zoning District), including exceedance of the maximum allowable size for an accessory dwelling unit, an exception to the expansion prohibition for legal non- conforming structures, and exceptions to the special provisions for accessory dwelling units located on historic properties, subject to the attached Recommended Conditions of Approval (attached Exhibit “A”). Planning Commission Resolution No. 4676 Page 4 of 4 PLN-2022-158 ~ 1690 Littleton Pl. – Zoning Exception PASSED AND ADOPTED this 25th day of April, 2023, by the following roll call vote: AYES: Commissioners: Ching, Buchbinder, Kamkar, Krey, Ostrowski, Zisser, Fields NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: APPROVED: Adam Buchbinder, Chair ATTEST: Rob Eastwood, Secretary RECOMMENDED CONDITIONS OF APPROVAL Zoning Exception PLN-2022-158 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 Zoning Exception to allow an approximately 666 square-foot expansion (inclusive of a 557 square-foot garage addition and 109 square-foot living area addition) of an existing accessory dwelling unit ("carriage house") previously approved by a Conditional Use Permit (UP 96-04), on a Landmark Property listed on the Campbell Historic Resource Inventory (HRI), commonly known as the Littleton-Martin House, located at 1690 Littleton Place, including exceedance of the maximum allowable size for an accessory dwelling unit, an exception to the expansion prohibition for legal non-conforming structures, and exceptions to the special provisions for accessory dwelling units located on historic properties. The project shall substantially conform to the Project Plans included as Attachment 'G' in the Planning Commission Staff Report dated April 25, 2023, except as may be modified by conditions of approval contained herein. 2. Permit Expiration: The Zoning Exception ("Approval") shall be valid for one (1) year from the effective date of City Council approval (expiring May 16, 2024). Within this one-year period a Building Permit for the project must be issued pursuant to CMC Sec. 21.56.030.B.1. Failure to meet this deadline or expiration of an issued Building Permit shall result in the Approval being rendered void. 3. Minor Revisions: Architectural refinements and other minor revisions to the Approved Project Plans may be administratively approved by the Community Development Director pursuant to CMC Sec. 21.56.060. 4. Rough Framing and Planning Final Required: Planning Division clearance is required prior to rough framing and 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. 5. Deed Restriction: Prior to issuance of a building permit, the property owner shall sign a new deed restriction in conformance with Chapter 21.23 (Accessory Dwelling Units) of the Campbell Municipal Code. Exhibit A - Conditions of Approval Page 2 of 3 PLN-2022-158 ~ 1690 Littleton Pl. 6. Fences/Walls: Except as noted below, any newly proposed fencing and/or walls shall comply with Campbell Municipal Code Section 21.18.060 and shall be submitted for review and approval by the Community Development Department. 7. Water Efficient Landscape Standards: As a new construction project with a total project landscape area equal to or less than 2,500 square feet, this project is subject to the updated California Model Water Efficient Landscape Ordinance (MWELO) and may comply with the Prescriptive Compliance Option in Appendix D. This document is available on the City of Campbell's website at: http://www.cityofcampbell.com/DocumentCenter/View/176 or on the Planning Division’s Zoning and Land Use webpage through www.cityofcampbell.com. The building permit application submittal shall demonstrate compliance with the applicable MWELO and landscaping requirements and shall include the following: a. Planting and Irrigation Plans that meet all requirements of the Prescriptive Compliance Option in Appendix D. b. A completed Landscape Information Form. c. A note on the Cover Sheet in minimum 1/2” high lettering stating “Planning Final Required. The new landscaping indicated on the plans must be installed prior to final inspection. Changes to the landscaping plan require Planning approval.” Note: If the project landscape area increases during the course of the project, additional requirements will apply. 8. On-Site Lighting: On-site lighting shall be shielded away from adjacent properties and directed on site. The design and type of lighting fixtures and lighting intensity of any proposed exterior lighting for the project shall be reviewed and approved by the Community Development Director prior to installation of the lighting for compliance with all applicable Conditions of Approval, ordinances, laws and regulations. Lighting fixtures shall be of a decorative design to be compatible with the residential development and shall incorporate energy saving features. 9. Contractor Contact Information Posting: The project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street prior to the issuance of building permits. 10. Construction Activities: The applicant shall abide by the following requirements during construction: a. The project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street prior to the issuance of building permits. b. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00 p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take place on Sundays or holidays unless an exception is granted by the Building Official. Exhibit A - Conditions of Approval Page 3 of 3 PLN-2022-158 ~ 1690 Littleton Pl. c. All construction equipment with internal combustion engines used on the project site shall be properly muffled and maintained in good working condition. d. Unnecessary idling of internal combustion engines shall be strictly prohibited. e. All stationary noise-generating construction equipment, such as air compressors and portable power generators, shall be located as far as possible from noise-sensitive receptors such as existing residences and businesses. f. Use standard dust and erosion control measures that comply with the adopted Best Management Practices for the City of Campbell. Building Division: 11. Permit Required: A building permit application shall be required for the proposed project. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 12. Conditions of Approval: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 13. Construction Fencing: This project shall be properly enclosed with construction fencing to prevent unauthorized access to the site during construction. The construction site shall be secured to prevent vandalism and/or theft during hours when no work is being done. All protected trees shall be fenced to prevent damage to root systems.