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CC Resolution 13103 - Request for Zoning Exception to Allow Construction of Single-Car Garage Alice Avenue RESOLUTION NO. 13103 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A ZONING EXCEPTION TO ALLOW THE CONSTRUCTION OF APPROXIMATELY 323 SQUARE FOOT SINGLE-CAR GARAGE WITH A REDUCED SETBACK TO THE PUBLIC RIGHT WAY (ALLEY), ON PROPERTY LOCATED AT 20 ALICE AVENUE WITHIN THE ALICE AVENUE HISTORIC DISTRICT, COMMONLY KNOWN AS THE MARY FABLINGER HOUSE IN THE R-1-6-H (SINGLE-FAMILY RESIDENTIAL/HISTORIC OVERLAY) COMBINING ZONING DISTRICT. FILE NO.: PLN-2023-127 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 City Council finds as follows with regard to the recommended approval of a Zoning Exception: 1. The project site is a 7,373 square-foot parcel located on the south side of Alice Avenue, between Winchester Boulevard and South First Street, within the Alice Avenue Historic District. 2. The Project Site is zoned R-1-6-H (Single-Family Residential/Historic Overlay Combining Zoning District) as shown on the Campbell Zoning Map. 3. The Project Site is designated Low-Density Residential (<7.5 units/gr. Acre) as shown on the City of Campbell General Plan Land Use diagram. 4. The Subject Property is currently developed with a single-family residence in a vernacular style constructed around 1939, commonly known as the Mary Fablinger House along with an existing detached garage. The property is located within the Alice Avenue Historic District which was recognized during the mid-I980s survey, and designated as a historic district under Ordinance 1640, by the City Council. 5. The Proposed Project does not include a Tier 1 Historic Resource Alteration Permit because the construction of a garage attached to a new ADU does not directly "alter" the historic residence, as specified by CMC Sec. 21.33.080. Moreover, the existing detached garage to be demolished is not described as an element of the "historic resource" of this particular property as established by the DPR form such that it may be demolished without consideration of a Historic Resource Alteration Permit. 6. The Proposed Project is an application for a Zoning Exception to demolish an existing detached garage and to build a new 573 square foot Accessory Dwelling Unit (ADU) with an attached 323 square foot single-car garage. This construction proposes a reduced setback from the rear alley, which serves as the public right-of- way. 7. The provision for a Zoning Exception is articulated within the "Incentives for preserving Historic Resources" framework as stipulated in the Historic Preservation City Council Resolution 13103 Page 2 of 4 PLN-2023-127 — 20 Alice Ave. — Zoning Exception Ordinance, particularly in CMC Sec. 21.33.150. This permit serves to offer flexibility regarding the Zoning Ordinance to ensure that the historical integrity of a recognized historic asset is maintained, thereby reducing potential adverse effects on its historical significance. 8. The Proposed Project is compliant with Zoning Code CMC Section 21.36.020 and supports the City's Historic Design Guidelines by maintaining the property's historic integrity. The location is the only viable option due to an existing PG&E power pole and guy wire and the presence of a large Walnut tree, which the City aims to preserve according to General Plan Policy CD-2.3 and CMC Section 21.32.010. 9. The Proposed Project is consistent with the historical layout of the Alice Avenue Historic District, maintaining the area's aesthetic and adhering to established patterns of alley-accessed garages behind primary dwellings, without impacting the district's character. 10. The Proposed Project, with its 9-foot garage setback and use of a 16-foot alleyway, provides a total 25-foot backup distance, aligning with the safety intent outlined in CMC Section 21.28.090.B.1. The alley's limited local use, narrow width for one-way traffic, and slow speeds justifies the proposed reduced backup distance and further supports the project's adherence to safety standards. 11. The Proposed Project would be consistent with the following General Plan policies and strategies: Policy LU-2.5: Promote new development and 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. Action CD-1.d: Implement the Historical Design Guidelines for Residential Buildings to ensure that improvements and additions to historic buildings are compatible with existing historic architecture and conform to historically established building forms, character and setbacks of the neighborhood. Policy COS-5.3: Use the preservation standards outlined in the city's Historic Design Guidelines for Residential Buildings and the current Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Policy CD-1.6: 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 CD-2.3: Emphasize landscaping as a fundamental design component, retaining mature landscaping when appropriate, to reinforce a sense of the natural environment and to maintain an established appearance. City Council Resolution 13103 Page 3 of 4 PLN-2023-127 — 20 Alice Ave. — Zoning Exception 12. Approval of a Zoning Exception does not relieve the property owners from the requirements of 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. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 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 City Council 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 Categorically Exempt under Section 15331, Class 31 of the California Environmental 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 City Council approves a Zoning Exception (PLN-2023-127) to demolish an existing detached garage and to construct a new detached 323 square foot single-car garage with a reduced setback from the rear alley, which serves as the public right-of-way, on property with an existing single-family dwelling within the Alice Avenue Historic District, commonly known as the Mary Fablinger House, for property located at 20 Alice Avenue, subject to the attached Conditions of Approval (attached Exhibit A). City Council Resolution 13103 Page 4 of 4 PLN-2023-127 — 20 Alice Ave. — Zoning Exception PASSED AND ADOPTED this 22nd day of January, 2024, by the following roll call vote: AYES: Councilmembers: Bybee, Scozzola, Lopez, Landry NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None RECUSE: Councilmembers: Furtado APPROV 6x ' Susan M. Landry, Mayor ATTEST: theka //941-4 Andrea Sa aders, City Clerk CONDITIONS OF APPROVAL PLN-2023-127 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 (PLN-2022-145) to allow the construction of approximately 323 square foot single-car garage with a reduced setback to the public right way (alley), on property located at 20 Alice Avenue commonly known as the Mary Fablinger House, within the Alice Avenue Historic District. The project shall substantially conform to the Project Plans included as Attachment D in the January 22, 2023 City Council Staff Report, except as may be modified by conditions of approval contained herein. 2. Permit Expiration: Approval of the Zoning Exception ("Approval") shall be valid for one (1) year from the effective date of the City Council action. Within this one-year period a building permit must be issued. Failure to meet this deadline or expiration of an issued building permit will result in the Approval being rendered void 3. DPR Form: Prior to planning final inspection, an updated Department of Parks and Recreation (DPR) 523 Form, prepared by a qualified professional, reflecting the approved project and prior additions and alterations, shall be submitted and accepted by the Community Development Director. 4. Planning Final Required: Planning Division clearance is required prior to Building Permit final. Construction not in substantial compliance with the approved project plans shall not be approved without prior authorization of the necessary approving body. 5. Timely Completion: Once under construction it shall be the obligation of the property owner and contractor to demonstrate continued progress on the project. In the event the building permit expires, the City may impose fines or exercise administrative remedies to compel timely completion of work. 6. Additional Alterations: 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. 7. 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. Exhibit A— Conditions of Approval — 20 Alice Avenue Page 2 of 2 PLN-2023-127 —Zoning Exception 8. Accessory Dwelling Unit: The proposed statewide exemption accessory dwelling unit permitted under this section shall not be allowed to expand the living area beyond 800 square feet. 9. 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. 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 10.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. 11.Conditions of Approval: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 12.Construction Fencing: The property 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 in compliance with the Standards for Tree Protection During Construction.