PC Res 3953RESOLUTION NO. 3953
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL GRANTING AN APPEAL AND
OVERTURNING THE COMMUNITY DEVELOPMENT DIRECTOR'S
ACTION TO GRANT A REASONABLE ACCOMMODATION
REQUEST (PLN2009-16) TO PERMIT A RESIDENTIAL SERVICE
FACILITY, LARGE (12 RESIDENTS) IN AN EXISTING RESIDENCE
ON PROPERTY OWNED BY RICHARD AND IRENE FRANCIS,
TRUSTEE, LOCATED AT 889 SCOTT COURT IN AN R-1-9
(SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT. APPEAL OF
MR. DAVID EISBACH. FILE NO.: PLN2009-16.
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 PLN2009-16:
1. The density of the proposed project site is 5.7 units per gross acre, which is
consistent with the General Plan land use designation of Low Density Residential
(less than 6 units per gross acre);
2. The City has adopted a housing element in substantial compliance with applicable
law that provides for its share of the regional housing need allocation for all income
categories;
3. The home consists of a 1,798 square foot two-story single-family residence, with a
lot coverage of 26.7 %, and a floor area ratio of .35;
4. The subject property is located on the north side of Scott Court at the bulb of the cul-
de-sac. The property is surrounded by single-family residences to the south, east,
and west and duplexes on the north;
5. The project provides a supervised living arrangement for persons suffering from
addiction to drugs or alcohol, and is certified by the Santa Clara County District
Attorney's Office;
6. In return for monetary compensation, the applicant provides services to the residents
that include:
a. Supervisory personnel conducting inspections of the Facility and its residents at
least one (1) to two (2) times per week;
Planning Commission Resolution No. 3953
PLN2009-16 - 889 Scott Court -Grant Appeal & Overturn Director's Approval of a
Reasonable Accommodation Request -Residential Service Facility, Large (12 Residents)
Page 2
b. Having a house manager who, among other things, refers residents to employment
agencies, education, support groups, job training, and other services, as well as
supervises the residents, maintains house rules, and ejects residents for bad
behavior.
c. Providing supervisory personnel twenty-four hours a day.
7. The house managers are compensated for their services with free rent;
8. The residents must be in treatment; they and their visitors must sign in and out of the
Facility; they cannot talk on a cellular telephone in front of the Facility; and they cannot
be in the Facility during the day without a manager present;
9. The residents are subject to inspections by the District Attorney's Office without notice;
10. There is a high turnover amongst the residents, estimated to be two (2) to three (3)
residents every three (3) or four (4) months;
11.The neighbors have complained that the use is responsible for heavy traffic, speeding
and parking impacts on the neighborhood, as well as littering;
12. The evidence does not credibly demonstrate that the requested accommodation is
necessary to make it economically viable to provide persons with addictions to drugs
or alcohol with an equal opportunity to housing in asingle-family district;
13.A Residential Service Facility, Large (more than 6 residents) can be established in
any residential zoning district other than an R-1 district with a conditional use permit;
14. The needs of the residents could be accommodated by two separate homes of six
(6) residents or less in an R-1 zoning district under the existing zoning regulation as
a matter of right;
15. The City has adopted a revised housing element in accordance with California
Government Code Section 65588 that is in substantial compliance with Article 10.6
of Chapter 3 of Title 7 of the California Government Code;
16. Residential Service Facilities, Large and Small, are currently available in Campbell
residential zones.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The evidence does not demonstrate that the requested accommodation is necessary
to afford persons with addictions to drugs or alcohol with an equal opportunity to
housing of their choice in asingle-family neighborhood;
Planning Commission Resolution No. 3953
PLN2009-16 - 889 Scott Court -Grant Appeal & Overturn Director's Approval of a
Reasonable Accommodation Request -Residential Service Facility, Large (12 Residents)
Page 3
2. The proposed accommodation would fundamentally alter the single-family character
of the neighborhood contrary to the existing zoning and general plan land use
designation;
3. The development project as proposed would have a specific, adverse impact upon
the public health or safety, and there is no feasible method to satisfactorily mitigate
or avoid the specific adverse impact without rendering the development unaffordable
to low- and moderate-income households.
4. There would be a high potential for increased costs to the City should this facility be
increased from the Small to the Large facility.
THEREFORE, BE IT RESOLVED that the Planning Commission grants an Appeal and
overturns the Reasonable Accommodation Request recently approved by the Community
Development Director permitting a Residential Service Facility, Large (12 residents) in an
existing residence on property owned by Richard and Irene Francis, Trustee, located at
889 Scott Court in an R-1-6 (Single Family Residential) Zoning District.
PASSED AND ADOPTED this 11th day of August, 2009, by the following roll call vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
Alderete, Ebner, Gairaud, Gibbons and Roseberry
None
Alster and
None
Rocha
APPROVED:
ATTEST: C,
Paul Kerm an, Secretary