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.