Tentative Parcel Map - 2016MEMORANDUM CITY OF CAMPBELL
City Clerk's ®ffice
To: Stephen Rose, Associate Planner pate; September 6, 2016
Fr®m: Andrea Sanders, Deputy City Clerk
Subject: Planning Commission Appeal at 44 EI Caminito Avenue
At its regular meeting of September 6, 2016 City Council adopted resolution 12039
denying the appeal and upholding the Planning Commission approval of a Tentative
Parcel Map (PLN2016-46) to allow atwo-lot single-family residential subdivision.
A certified copy of resolution 12039 pis attached for your records.
1
y J ,,
RESOLUTION NO: 12039
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL DENYING. AN APPEAL AND UPHOLDING APPROVAL
OF A TENTATIVE PARCEL MAP {PLN2016-46) TO ALLOW ATWO-
LOT SINGLE-FAMILY RESIDENTIAL SUBDIVISION ON PROPERTY
LOCATED AT 44 EL CAMINITO AVENUE. FILE NO: PLN2016-46.
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
The City Council finds as follows with regard to File No. PLN2016-46:
Environmental Finding
1. The project is Categorically Exempt under Section 15315, Class 15, of the California
Environmental Quality Act (CEQA) pertaining to the division of .property in urbanized
areas into four or fewer parcels when the division. is in conformance with the City's
General Plan and Zoning Code.
Evidentiary Findings
1. The project site is within the R-1-6 (Single-Family Residential) Zoning District.
2. The project 'site has a Low Density Residential (less than 6 units/gr. ac.) General
Plan designation.
3. The proposed project is an application for a Tentative Parcel Map to allow a
subdivision resulting in two single-family residential lots.
4. The proposed subdivision would result in two lots consistent with the applicable
provisions of the Zoning and Subdivision and Land Development Codes, including
minimum lot size, minimum width dimension, and minimum access way.
5. The proposed Tentative Parcel Map will result in densities of 5.73 and 3.60 units per
gross acre for 'the new Parcel 1 and Parcel 2, respectively, which is consistent with
the General Plan.
6. The Campbell Subdivision and Land Development Code designates the Planning
Director (Community Development Director) as the decision-making authority for
Tentative Parcel Maps.
7. Administrative decisions of the Community Development Director are considered
pursuant to the administrative decision processes prescribed by CMC Chapter 21.71
of the Campbell Municipal Code.
8. The administrative decision process allows the Community Development Director to
refer any request to the Planning Commission for a decision pursuant to CMC
SectlOn 21.38.020. THE FOREGOINQ INSTRUMENT Is A TRUE
AND CORRECT COPY OF THE ORIGINAL
ON FILE IN THIS OFFICE
ATTEST: WENDY WOOD, CRY CLERK
OF AMP C
BY
DATED ~ ~ , ~
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City Council Resolution .Page 2 of 4
Denying an Appeal
44 EI Caminito Avenue - PLN2016-46
9. The Community Development Director decided to refer this permit to -the Planning
Commission for a decision in response to public concerns and requests for a public
hearing.
10. The neighborhood (which includes EI Caminito, Cherry, Catalpa, & California) is
predominantly comprised of one and two-story residences, and the closest two-story
home on EI Caminito Avenue is approximately; 28-feet in height, and is considered a
well-established height for two-story single-family development in the City of
Campbell.
11. The imposition of a 28-foot (2-story) restriction on the front lot (Lot 1) correlates to the
height of the closest two-story home on EI Caminito Avenue, ~ and is necessary to
protect the best interests of the surrounding properties and supports the existing
character, integrity and development pattern of the surrounding neighborhood.
12. Construction of a two-story home on the rear lot would create undesirable privacy.
impacts on the adjoining parcels, as a two story home would overlook existing rear
yards of the adjoining homes, and impinge on the solar exposure of the adjacent
western property.
13. The imposition of an 18-foot height limit for the rear/flag lot (Lot 2) is necessary to
protect the best interests and integrity of the surrounding properties or neighborhood
by serving to mitigate the potential for privacy impacts and retain solar exposure for
the adjacent western property.
14. The majority of homes on EI Caminito have a roughly 25-foot front setback and the
applicant is proposing 26-foot front. setback and the immediately adjacent homes have
greater than average front setbacks.
15. By requiring a 26-foot front setback for the front lot (Lot 1), the project would promote
Strategy LUT-5:2a by `maintaining and supporting the existing character and
development pattern of the neighborhood' considering that the average setback for EI
Caminito Avenue is closer to 29-feet, and a 26-foot setback .would provide additional
distance to be more in line with the immediately adjacent homes.
16. The imposition of development restriction to require the retention of the two deodar
cedar trees for the front lot (Lot 1) is consistent with Policy LUT-5.2 in that it serves to
`maintain a safe, attractive, pedestrian friendly neighborhood' and Strategy LUT-10.a
by promoting a site design and layout that `,retains natural features. such as mature
trees'.
17. Development restrictions on the parcel map have been included as Conditions of
Approval which are necessary to protect the best interests of the surrounding
property or neighborhood (CMC 20.16.030) and mitigate clear and significant impacts
which would otherwise be inconsistent with specific goals, strategies or policies
I
City Council Resolution Page 3 of 4
Denying an Appeal
44 EI Caminito Avenue - PLN2016-46
contained within the City of Campbell General Plan and/or the City of Campbell
Municipal Code. _
Based on the foregoing findings of fact, the Plan-Wing Commission further finds and
concludes that:
18. The proposed Tentative Parcel Map does not impair the balance between the
housing -needs of the region and the public service needs of its residents and
available fiscal and environmental resources.
19. The design of the Tentative Parcel Map provides, to the extent feasible, for future
passive or natural heating and cooling opportunities.
20. The proposed development will aid in the harmonious development of the immediate
area.
21. There is a reasonable relationship between the use of the fees imposed upon the
project and the type of development project.
22. No substantial evidence has. been presented from which a reasonable argument
could be made that-shows that the project, as currently presented and subject to the
required conditions of approval, will have a significant adverse impact on the
environment.
23. The applicant's proposal, as conditioned, would be consistent with the following
goals, policies, and strategies of the City of Campbell General Plan:
Goal LUT-5: Preservation and enhancement of the quality character and land use
patterns that support the neighborhood concept.
Policy LUT-5.1: Neighborhood Integrity: Recognize that the City is composed of
residential, industrial and commercial neighborhoods, each with its own individual
character; and allow change consistent with reinforcing positive neighborhood
values, while protecting the integrity of the city's neighborhoods.
Policy LUT-5.2: Residential Neighborhoods: Maintain safe; attractive, pedestrian ,
friendly residential neighborhoods with identifiable centers and consistent
development patterns and a range of public and private services.
Strategy LUT-5.2a: Neighborhood Compatibility: Promote new residential
development and substantial additions that are designed to maintain and support
the existing character and development pattern of the surrounding neighborhood,
especially in historic neighborhoods and neighborhoods with consistent design
characteristics.
Policy LUT=10.1 a: Natural Feature Retention: Encourage site design that
incorporates or otherwise retains natural features such as mature trees, terrain,
vegetation, wildlife and creeks.
• •
City Council Resolution Page 4 of 4
Denying an Appeal
44 EI Caminito Avenue - PLN2016-46
24. The conditions of approval imposed on the project are reasonable and necessary
under the circumstances to maintain the character of the neighborhood and protect
the best interests of the surrounding properties and neighborhood.
25. The project is Categorically Exempt under Section 15315, Class 15, of the California
Environmental Quality Act (CEQA).
THEREFORE, BE IT RESOLVED that the City Council denies the appeal and upholds
approval a Tentative Parcel Map (PLN2016-46), subject to the attached Conditions of
Approval (attached Exhibit A).
PASSED AND ADOPTED this 6th day of September, 2016, by the following roll call vote:
AYES: COUNCILMEMBERS: Resnikoff, Gibbons, Baker
NOES: COUNCILMEMBERS: Kotowski
ABSENT: COUNCILMEMBERS: Cristina
ABSTAIN: ' COUNCILMEMBERS: None
APPROVED: 1 ~
J on T. Baker; Mayor
ATTEST: q
Wendy od, City Clerk