PC Res 3825
RESOLUTION NO. 3825
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL DENYING AN APPEAL AND UPHOLDING THE
COMMUNITY DEVELOPMENT DIRECTOR'S OFFICIAL
INTERPRETATION OF THE ZONING CODE PERTAINING TO A USE
IN OPERATION AT 889 SCOTT COURT IN AN R-1-6 (SINGLE-
FAMILY RESIDENTIAL) ZONING DISTRICT FINDING THAT THE
PROPERTY LEASED BY SUPPORT SYSTEMS HOMES
SUBSTANCE ABUSE AND TREATMENT PROGRAMS IS BEING
USED AS A RESIDENTIAL SERVICE FACILITY, LARGE AND
THEREFORE IS SUBJECT TO THE REGULATIONS PRESCRIBED
BY THE ZONING CODE PERTAINING TO RESIDENTIAL SERVICE
FACILITIES.
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 Planning Commission did find as
follows with respect to the use in operation at 889 Scott Court:
1. The home at 889 Scott Court is being leased by Support System Homes Substance
Abuse and Treatment Program, which for compensation, provides a "sober living
environment" to its clients.
2. Clients seeking boarding at 899 Scott Court do so for reasons of mental and
physical recovery from alcohol and/or narcotic addiction.
3. Eleven (11) non-related adults currently reside at the subject residence and are
seeking treatment through Support Systems' program.
4. As a condition of residency, clients must attend classes or counseling sessions
provided by Support Systems.
5. Clients have either volunteered to enter the program or have been assigned to the
program via the District Attorney's Office.
6. The facility operated by Support System Homes is not licensed by any State
agency.
7. A Residential Care Home requires a license furnished by the State of California.
8. The Campbell Municipal Code recognizes the protected nature of a Single Housing
I
Keeping Unit, defined as the functional equivalent of a traditional family.
Planning Commission Resolution No. 3825
Denying an Appeal and Upholding the Director's Interpretation of the Use at 889 Scott
Court as a Residential Service Facility, Large
Page 2
9. In the interest of protecting the peace and tranquility of its neighborhoods, the City of
Campbell limits the intensity of Residential Service Facilities in the R-1-6 (Single
Family) Zoning District to small, defined as serving six or fewer persons, and does
not list Residential Service Facility, Large (serving seven or more persons), as either
a permitted or conditional use in the R-1-6 (Single Family) Zoning District
Based on the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The residents of 899 Scott Court do not constitute the functional equivalent of a
traditional family by virtue of their transient nature as clients receiving a service
provided by Support System Homes; therefore
2. The use at 899 Scott Court does not satisfy the definition of a Single Housing
Keeping Unit.
3. Support System Homes does not possess a license provided by the State of
California for the use in operation at 899 Scott Court; therefore
4. The use at 899 Scott Court does not satisfy the definition of a Residential Care
Home.
5. With respect to the body of evidence provided, the use in operation at 899 Scott
Court does satisfy the definition of a Residential Service Facility, Large; therefore
6. The use is inconsistent with applicable Zoning and continued operation of the
Residential Service Facility at its current intensity will significantly disturb the peace
and enjoyment of the surrounding residential neighborhood.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission denies the
appeal and upholds the Community Development Directors Official Interpretation of the
Zoning Code finding that a use in operation at 889 Scott Court is a Residential Service
Facility, Large and therefore is subject to the regulations prescribed by the Zoning Code
pertaining to Residential Service Facilities.
Planning Commission Resolution No. 3825
Denying an Appeal and Upholding the Director's Interpretation of the Use at 889 Scott
Court as a Residential Service Facility, Large
Page 2
PASSED AND ADOPTED this 14th day of August, 2007, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Alderete, Ebner, Francois, Gibbons and Roseberry
None
Doorley
Rocha
APPROVED:
Bob Roseberry, Acti
hair
ATTEST:
ting Secretary