PC Res 3909
RESOLUTION NO. 3909
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL DENYING AN APPEAL (PLN2008-125) OF AN
ADMINISTRATION ACTION OF THE COMMUNITY DEVELOPMENT
DIRECTOR UPHOLDING THE ACTION TO DENY FRONT YARD
PAVING IN EXCESS OF 50 PERCENT FOR A RESIDENCE ON
PROPERTY OWNED BY MARKO AND BOZANA DUCHICH LOCATED
AT 855 EMORY AVENUE IN AN R-1-16 (SINGLE FAMILY
RESIDENTIAL) ZONING DISTRICT. APPLICATION OF MARKO AND
BOZANA DUCHICH. FILE NO: PLN2008-125.
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 application PLN2008-125.
1. The subject property is designated in the General Plan Land Use Element as Low
Density Residential (less than 3.5 units per gross acre).
2. The subject property is located in the R-1-16 (Single-Family Residential) zoning district.
3. The subject property is located in the San Tomas Area and is subject to the San
Tomas Area Neighborhood Plan.
4. The subject property is located on the west side of Emory Avenue, between Waldo and
Sunnyoaks Avenues.
5. The site is adjacent to a Water District recharge facility to the west (percolation ponds)
and single-family residences to the north, south, and east.
6. The property is currently developed with a two-story, single-family residence with
attached garage built pursuant to Planning Commission Resolution No. 3724
(PLN2006-22), and a secondary dwelling unit with attached garage built in accordance
with Building Permit BLD2006-1343.
7. The Site Plan approved pursuant to Planning Commission Resolution No. 3724
indicated front yard paving including a 12-foot wide driveway and a walkway to the front
entrance.
8. The Site Plan approved by BLD2006-971 (for construction of the existing two-story,
single-family residence) conformed to the Site Plan (PLN2006-22) approved pursuant
to Planning Commission Resolution No. 3724.
Planning Commission Resolution No. 3909
PLN2008-125 - 855 Emory Avenue - Deny Appeal of Administrative Action
Page 2
9. The front yard configuration (circular driveway) of the subject property is not consistent
with the approved plans described herein.
10.According to accepted conceptual and construction drawings described herein, the
subject property has a street frontage of 100 linear feet.
11. The San Tomas Area Neighborhood Plan specifies a 25 foot front-yard setback for
properties in the R-1-16 zoning district.
12. The subject property has a 2,500 square foot front yard setback area.
13. Pursuant to the Campbell Municipal Code and the San Tomas Area Plan, a maximum
of 1,250 square feet of the front yard setback area may be paved.
14. Documentation provided by the appellants indicates approximately 1,450 square feet
(58%) of the front yard setback area is paved. This represents an approximately 200
square foot, or 16%, increase in allowable front-yard setback paving.
15. Chapter 21.18.070 of the Campbell Municipal Code specifies:
Paving shall not amount to more than fifty percent of the required front yard setback
area. Increases in the amount of allowable paving may be approved by the
community development director if necessary to provide safe ingress and egress for
the site.
16. San Tomas Area Neighborhood Plan Land Use Policy 'H' specifies:
A minimum of 50% of the required front yard setback area must remain unpaved.
Increases in the amount of allowable paving may be approved by the Community
Development Director if necessary to provide safe ingress and egress from the site.
17. The Planning Division received a letter from the appellants dated August 5, 2008,
requesting the Community Development Director allow an increase allowable paving
area.
18. The Community Development Director, after review of the request and site conditions
of the subject property, found that an increase in allowable paving area was not
necessary to provide safe ingress and egress for the site. The appellants' request was
denied by letter dated August 12, 2008.
19. Based on the General Plan, Emory Avenue is a local street. Since this street does not
carry a significant amount of speeding or cut-through traffic, Emory Avenue is not
designated as a special enforcement zone per the City's Neighborhood Traffic
Management Program.
Planning Commission Resolution No. 3909
PLN2008-125 - 855 Emory Avenue - Deny Appeal of Administrative Action
Page 3
20. The appellants have submitted photographs allegedly depicting unsafe ingress and
egress conditions.
21. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 of
the California Environmental Quality Act (CEQA).
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The documents provided by the applicant do not depict unsafe ingress and egress site
conditions.
2. An increase in the amount of allowable paving over 50% is not necessary to provide
safe ingress and egress for the site.
3. The proposal is not consistent with the City of Campbell General Plan and Zoning
Ordinance.
4. The proposal will not aid in the harmonious development of the immediate area.
5. The proposal will be detrimental to the health, safety or welfare of the neighborhood or
the City as a whole.
6. No substantial evidence has been presented from which a reasonable argument could
be made that shows that the proposal, as currently presented will have a significant
adverse impact on the environment.
THEREFORE, BE IT RESOLVED that the Planning Commission denies an Appeal
(PLN2008-125) and upholds the Administrative Action of the Community Development
Director to deny front yard paving in excess of 50 percent for a residence on property
owned by Marko and Bozana Duchich located at 855 Emory Avenue in an R-1-16 (Single
Family Residential) Zoning District.
PASSED AND ADOPTED this 23rd day of September, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN :
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Gibbons, Rocha and Roseberry
Gairaud
Alderete and Ebner
None
APPROVED:~b .~
Bob Roseberry, C