PC Res 3965RESOLUTION NO. 3965
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL GRANTING A VARIANCE (PLN2009-83) TO
ALLOW THE CONSTRUCTION OF A NEW COMMERCIAL BUILDING
WITH A REDUCED SIDE SETBACK ON PROPERTY OWNED BY MR.
JOHN KIRKORIAN LOCATED AT 175 CRISTICH LANE IN THE M-1-S
(LIGHT INDUSTRIAL) ZONING DISTRICT. APPLICATION OF MR.
FREDDY SEEN, ON BEHALF OF BANDUCCI ASSOCIATES
ARCHITECTS, INC. FILE NO. PLN2009-83 .
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 PLN2009-83.
1. The proposed project consists of a new 9,038 square foot single-story commercial
building with a reduced side setback.
2. The proposed Floor Area Ratio (FAR) is .37, where a maximum of .40 is allowable.
3. The proposed project would require approval of a Variance to allow the construction of
a new commercial building with a 6 inch side setback where a 13 foot, 9 inch setback
would be required.
4. There are no alternative locations on the subject parcel that could accommodate the
commercial building as designed and meet the required setbacks and site development
standards.
5. The subject property is proposed to be developed comparably with other
commercial/industrial properties located in the M-1 (Light Industrial) Zoning District.
Therefore, there are exceptional or extraordinary circumstances or conditions
applicable to the subject property (i.e. size, shape, topography) which do not apply
generally to other properties located in this neighborhood and classified in the same
Zoning District.
6. In general, the granting of the requested Variance would not be detrimental to the
public health, safety, or welfare or materially injurious to properties or improvements in
the area by allowing a reduced setback for a new commercial building that will be
required to meet all appropriate California Building Code regulations for a structure on
or immediately adjacent to a property line.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The strict or literal interpretations and enforcement of the specified regulation(s) would
result in a practical difficulty inconsistent with the objectives of the Zoning Code.
Planning Commission Resolution No. 3965
PLN2009-83 - 175 Cristich Lane -Variance
Page 2
2. There are exceptional or extraordinary circumstances or conditions applicable to the
subject property (i.e. size, shape, topography) which do not apply generally to other
properties classified in the same zoning district.
3. The strict or literal interpretations and enforcement of the specified regulation(s) would
deprive the applicant of privileges enjoyed by the owners of other properties classified
in the same zoning district.
4. The granting of the Variance will not constitute a grant of special privileges inconsistent
with the limitations on other properties classified in the same zoning district.
5. The granting of the Variance will not be detrimental to the public health, safety, or
welfare, or materially injurious to properties or improvements in the area.
THEREFORE, BE IT RESOLVED that the Planning Commission grants a Variance
(PLN2009-83) to allow the construction of a new commercial building with a reduced side
setback on property owned by Mr. John Kirkorian located at 175 Cristich Lane in the M-1-
S (Light Industrial) Zoning District.
The applicant is hereby notified, as part of this application, that (s)he is required to meet
the following conditions in accordance with the ordinances of the City of Campbell and the
State of California. The lead department with which the applicant will work is identified on
each condition where necessary. 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 items under review. Additionally, the applicant is hereby
notified that (s)he 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:
Declaration of Acceptance of All Conditions: Within thirty (30) days of Planning
Commission approval, the applicant and property owner shall sign the final, approved
set of Conditions of Approval. Until said Conditions are signed, the proposed Use
Permit shall not be valid for any permits sought from the City.
Planning Commission Resolution No. 3965
PLN2009-83 - 175 Cristich Lane -Variance
Page 3
Ackno ged & Accepted:
I o%!~i
Freddy Seen Date
John Kirkoria Date
2. Approved Project: Approval is granted for a Variance (PLN2009-83) to allow the
construction of a new commercial building with a reduced side setback allow two as-
built accessory structures to remain located within the front half of the subject property.
The project shall substantially conform to the project plans and project description
received by the Planning Division on August 10, 2009, and June 9, 2009, respectively,
except as may be modified by the Conditions of Approval contained herein.
3. Setbacks: The proposed commercial building shall be constructed with the minimum
setback from the northern property line as required for masonry buildings on or
adjacent to the property line in compliance with the California Building Code.
4. Conditions of Approval: All of the Conditions of Approval for PLN2009-82 are adopted
by reference.
PASSED AND ADOPTED this 13th day of October, 2009, by the following roll call vote:
AYES: Commissioners: Alster, Cristina, Gibbons, Reynolds, Rocha and
Roseberry
NOES: Commissioners: None
ABSENT: Commissioners: Ebner
ABSTAIN: Commissioners: None
APPROVED.
li eth Gibbons, Acting Chair
;~
ATTEST:
' k Heinri hs, Secretary