Resolution/ 2121 Sheraton Drive Page 1 of 4
RESOLUTION NO. XX-XX
A RESOLUTION OF OF THE CITY OF SANTA CLARA ,
CALIFORNIA TO SUSTAIN AN APPEAL, OVER TURN THE
PLANNING COMMISSION APPROVAL, AND DENY A
VARIANCE TO MAINTAIN A 68 SQUARE F OOT A CCESORY
BUILDING IN THE REAR YARD OF A SINGLE -FAMILY
RESIDENCE AT THE SITE LOCATED AT 2121 SHERATON
DRIVE, SANTA CLARA
PLN22-00441 (Variance)
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
WHEREAS, on August 3, 2022, Jim Horner (“Applicant”) filed an application for a V ariance to allow for a 68 square foot accessory building located in the rear of a single-family residential lot located at 2121 Sheraton Drive, Santa Clara (“Project Site”); WHEREAS, the Project Site is currently zoned as R1-6L, Single-family Residential Zoning District; WHEREAS, the applicant is requesting to maintain and complete a partially built accessory structure within the rear accessory building setback, and within the minimum accessory structure setback from a main building. The accessory structure was requested to be maintained at its current footprint of 68 square feet and have no plumbing, as shown on the Development Plans, attached as Exhibit “Development Plans”;
WHEREAS, the Project is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Section 15270 of the CEQA Guidelines , in that “CEQA does not apply to projects which a public agency rejects or disapproves”;
WHEREAS, the subject property conforms to zoning code standards except for a substandard rear lot width of 44-feet where 60 feet is the minimum lot width in the Single- family Residential Zoning District (R1 -6L); the 106 foot front lot width of the subject property exceeds the zoning code standards, as does the lot size of 7,000 square feet, where only 6,000 square feet is required;
WHEREAS, a duly noticed public hearing was held before the Planning Commission on November 9, 2022 to consider the application, a t the conclusion of which, the Planning Resolution/ 2121 Sheraton Drive Page 2 of 4
Commission voted to approve the variance (7-0-0), after making verbal findings after the close of the public hearing. The Commission directed staff to prepare a Resolution reflecting those findings to be voted on at the next Planning Commission meeting scheduled for December 7th, 2022.
WHEREAS, on December 7th, 2022, the Planning Commission voted unanimously to adopt the Resolution to Approve the Variance for the Project at 2121 Sheraton Drive (5-0-0); WHEREAS, on December 8th, 2022 Annekathrin Chatterjee (“the appellant”) formally appealed the Planning Commission’s action to adopt a resolution to approve the variance on December 7th, 2022;
WHEREAS, on January 20, 2023, the notice of the January 31 public hearing for this item was posted within 300 feet of the Project Site and was mailed to property owners within a 300- foot radius of the Project Site; and,
WHEREAS, the City Council held a duly noticed public hearing to review the appeal at the meeting of January 31, 2023, at which time the Council invited and considered any and all verbal and written testimony offered in favor of and in opposition to the Project.
NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. That the City Council hereby finds that the above Recitals are true and correct and by this reference makes them a part hereof.
2. That the City Council hereby sustains the Appellant’s appeal and overturns the Planning Commission’s December 7, 2022 decision to approve a Resolution for a variance, and denies the project.
3. That pursuant to SCCC Section 18.108.040, the City Council hereby makes the following findings with respect to the variance:
Resolution/ 2121 Sheraton Drive Page 3 of 4
A. That there are no unusual conditions applying to the land or building which do not apply generally in the same district , because the shape, dimensions, and size of the lot are not unusual for the R1-6L zone.
B. That the granting of the Variance is not necessary for the preservation and enjoyment of substantial property rights of the Property Owner, because the Owner could locate an accessory structure in an alternate location on the lot and still comply with Code requirements. //
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Resolution/ 2121 Sheraton Drive Page 4 of 4
4. Effective date. This resolution shall become effective immediately.
I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED
AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 31st DAY OF JANURARY 2023, BY THE FOLLOWING VOTE:
AYES: COUNCILORS:
NOES: COUNCILORS:
ABSENT: COUNCILORS:
ABSTAINED: COUNCILORS:
ATTEST: ___________________________________
NORA PIMENTEL, MMC
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
Attachments Incorporated by Reference:
1. Conditions of Approval
2. Development Plans