Parcel Map - 2000 CITY oF CAMPBELL
Community Development Department - Current Planning
March 26, 2002
Mr. Stephen Burch
61 Virginia Avenue
Campbell, CA 95008
Re:
Extension of Tentative Map Approval
PLN2000-18
723 El Patio Drive
Dear Mr. Burch:
The Community Development Department is in receipt of your letter dated March 12, 2002,
wherein you request an extension of your tentative map approval. Tentative map approvals are
valid for two years from the date of approval. The city's approval of this map was granted on
June 6, 2000 by the City Council. This approval will expire on June 6, 2002.
If you wish to request an extension of this approval you must submit the attached application
form with corresponding application fees and exhibits.
If you should have any questions regarding the application process, please do not hesitate to
contact me at (408) 866-2144.
Sincerely,
Tim J. Haley
Associate Planner
encl: Extension of Approval Application
cc:
Lynn Penoyer, Land Development Manager
Geoff Bradley, Senior Planner
70 North First Street · Campbell, California 95OO8-t436 - TEL 408.866.2140 . F.&X 408.866.8381 · TDD 408.866.2790
Stephen Butch
61 Virginia Ave.
Campbell, Ca. 95008
03/12/02
City of Campbell
Planning Department
70 North 1 ~t Street
Campbell, Ca. 95008
Re: 723 E1 Patio Drive, Campbell, Ca.
RECEIVED
CITY OF' e, AUP8ELL'
PtJ tt[iG DEPT. /
I am writing in advance to request an extension on my project PLN 2000-00018.
My project isn't due to expire until 06/2002, But I have had trouble getting my plans
through Public Works Dept. and am worried that this process will take me past my
expiration date. I believe this is allowed under the Subdivision Map Act.
I would also like to thank you in advance for your help with this.
Respectfully, Stephen Burch
RESOLUTION NO. 9688
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL DENYING THE APPEAL AND UPHOLDING THE
PLANNING COMMISSION DECISION APPROVING A
TENTATIVE PARCEL MAP (PLN2000-18) TO CREATE TWO
PARCELS ON PROPERTY LOCATED AT 723 EL PATIO DRIVE
1N AN R-l-6 (SINGLE FAMILY RESIDENTIAL) ZONING
DISTRICT. APPLICATION OF MR. STEVE BURCH. FILE NO.
PLN2000-18.
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 City Council did find as follows
with respect to application PLN2000-18.
o
The proposed density of 5.2 units per gross acre does not exceed the maximum density
of the Low Density Residential designation (less than 6 units per gross acre) shown on
the Land Use Element of the General Plan, and thus is not in conflict with the
allowable density permitted under the General Plan.
The proposed map is consistent with the development standards of the R-l-6 Zoning
District.
The proposed subdivision layout allows for access to sunlight.
The recommended conditions of approval and related street improvements are
consistent with other subdivision map approvals.
Based on the foregoing findings of fact, the City Council further finds and concludes that,
subject to the imposed conditions:
°
o
The proposed subdivision is consistent with the General Plan.
The proposed subdivision does not impair the balance between the housing needs of the
region and the public service needs of the residents and available fiscal and
environmental resources;
The site is physically suitable for the proposed density and type of development.
The design of the subdivision provides, to the extent feasible, for future passive or
natural heating or cooling opportunities.
The proposed project, will aid in the harmonious development of the immediate area.
City Council Resolution Dc...~ing an Appeal & Upholding Planning c~rnmission Decision
PLN2000-18 - 723 E1 Patio Drive - Steve Burch
Page 2
The applicant is hereby notified, as part of this application, that he/she is required to meet the
following conditions in accordance with the ordinance 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. Additionally, the applicant is hereby notified that he/she is required
to comply with all applicable Codes or Ordinances of the City of Campbell an.d the State of
California that pertain to this development and are not herein specified:
COMMUNITY DEVELOPMENT
1. Approved Project: Approval is granted for a Tentative Parcel Map allowing the creation
of two (2) lots on property located at 723 E1 Patio Drive. The plans shall substantially
conform to the map prepared by:
Tentative Parcel Map: Westfall Engineers, Inc. dated March 2000, except as may be
modified by the Conditions of Approval herein. (Planning)
Landscaping: Applicant shall submit four (4) sets of a tree inventory and retention plan
prepared by a licensed arborist indicating type, size, condition and disposition of all trees
with trunk diameters greater than 12 "at 4 feet above adjacent grade. The tree retention
and protection plan must be approved, prior to any grading or demolition on the site. The
Plan is to be reviewed and approved by the Community Development Department.
(Planning)
o
Property Maintenance: The property shall be maintained free of any combustible trash,
debris and weeds, until the time that actual construction commences. (Planning)
Utility Boxes and Back-Flow Preventers: The applicant shall submit a plan to the
Community Development Department, prior to installation of PG&E utility (transformer)
boxes and S.J. Water back-flow preventers, indicating the location of the boxes and
screening (if boxes are above ground) for approval of the Community Development
Director. (Planning)
o
Future Creek Trail Easement: The applicant shall provide a 20-foot easement across the
southerly portion of the proposed parcels to accommodate a future extension of the Los
Gatos Creek Trail system along the westerly side of Los Gatos Creek. Easement to be
provided prior to recordation of map. (Planning)
PUBLIC WORKS DEPARTMENT
6. Parcel Map: Prior to vacation of the public right-of-way, the applicant shall submit a Parcel
Map for recordation upon approval by the City. The current plan check fee is $1,125.00
plus $25 per parcel.
o
Preliminary Title Report: The applicant shall provide a current Preliminary Title Report for
the subject property and other properties as necessary. The City may accept other
documentation, in lieu of Preliminary Title Reports.
City Council Resolution Dc ~ lng an Appeal & Upholding Planning
PLN2000-18 - 723 E1 Patio Drive- Steve Burch
Page 3
remission Decision
o
°
10.
11.
12.
13.
14.
15.
Monuments: Prior to recording Parcel Map, the applicant shall set all Monuments as shown
on the Parcel Map.
Street Improvements: Prior to vacation of the public right-of-way and recordation of the
Parcel Map, the applicant shall execute a street improvement agreement and shall cause
plans for public Street Improvements to be prepared by a registered civil engineer, pay fees,
post security and provide insurance necessary to obtain an encroachment permit for
construction of the public improvements, as required by the City Engineer. The plans shall
include the following:
· Construction of the improvements and related work as generally shown on the
approved Tentative Parcel Map and described herein, including curb, gutter, sidewalk,
streetlight, street trees, ADA compliant driveway approaches, reconstruction of
pavement, variable thickness AC pavement, storm drain improvements, and conforms
to existing public and private improvements.
· Relocation, protection, and construction of utilities as necessary.
Water Meter(s) and Sewer Cleanout(s): Existing and proposed Water Meter(s) and Sewer
Cleanout(s) shall be installed on private property behind the public right-of-way line.
Soils Report: The applicant shall provide a Soils Report prepared by a regis{ered
geotechnical or civil engineer, upon submittal of the street improvement plans.
Utilities: All new on-site Utilities shall be installed underground per Section 20.36.150 of
the Campbell Municipal Code for any new or remodeled buildings or additions. The
applicant shall comply with all plan submittals, permitting, and fee requirements of the
serving utility companies.
Utility Installation Plan: Prior to issuance of building permits for the site, the applicant
shall submit a Utility Installation Coordination Plan and Schedule for approval by the City
Engineer for installation of street improvements and/or abandonment of all utilities.
Streets, which have been resurfaced within the previous 5 years, will require boring and
jacking for all new utility installations. The applicant shall also prepare pavement
restoration plans for approval by the City Engineer prior to any utility installation or
abandonment.
Storm Drain Area Fee: Prior to recordation of the Parcel Map, the applicant shall pay the
required Storm Drain Area fee which is $2,000 per acre.
Santa Clara Valley Water District (SCVWD): Prior to vacation of the public right-of-way
and recordation of the Parcel Map, the applicant shall obtain clearance from the SCVWD.
Any easements and permits required by the SCVWD shall be provided or obtained prior to
map recordation.
City Council Resolution De,.: ~ng an Appeal & Upholding Planning Lummission Decision
PLN2000-18 - 723 El Patio Drive - Steve Burch
Page 4
16.
Storm Writer Pollution Prevention Meam~re~, Prior to issuance of any grading or building
permits, the applicant shall comply with the National Pollution Discharge Elimination
System (NPDES) permitting requirements and the California Storm Water Best
Management Practices handbook prepared by the Storm Water Quality Task Force, Santa
Clara. Valley Water District and the City of Campbell Municipal Code regarding Storm
Water Pollution Prevention.
17. Demolition' Prior to recording of the Parcel Map the applicant shall obtain a Demolition
permit to remove non-conforming structures.
18.
l,ot l,ine Adjustment- Prior to vacation of the public right-of-way, the applicant shall
submit a Lot Line Adjustment application for approval by the City Engineer concerning
APN 279-45-3. The current application processing fee is $577.50.
19.
l,egal De~crlption and Plats' The applicant shall cause all Legal Descriptions and Plats to
be prepared as necessary in connection with disposition of the properties related to the
vacation of public right-of-way.
COMMUNITY DEVELOPMENT DEPARTMENT
20. Park Dedication/Impact Fee: The applicant shall pay the in lieu of park dedication fee of
$8,242.50 at the time of map recordation for the newly created lot. Additionally, the
applicant is advised that at the time of building occupancy, a park impact fee of $10,990 is
required for any newly constructed units less any applicable credits provided by the Park
Impact Fee ordinance.
21.
Noise Analy~i~- The applicant shall have a noise analysis of the project site prepared by an
acoustical engineer to be reviewed and approved by the Community Development Director.
The recommended noise attenuation measures of the acoustical engineer shall be
incorporated into site development improvements. These improvements may include the
construction of a sound wall or upgrades in building construction to attenuate noise.
PASSED AND ADOPTED this 6th day of
vote:
June
,2000, by the following roll call
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Anne Bybee, City Clerk
COUNCILMEMBERS: Dougherty, Furtado, Watson, Dean, Kennedy
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: No~,~, ,i~~ ~ ~ . _//.~
APPR~F~D: .~ '.. ' ..
/? /-) - ~. Kennedy, Mayor
~ FOREOOING iNBT~UM.~I'4T IS A
~ OORR~E.------------------~' COPY OF -ii.lE
Ogl FILE IH THtB OFFIG~.
MPBELL, CALl FO~IA
Council
Report
ITEM NO:
CATEGORY:
MEETING DATE:
Public Hearing
June 6, 2000
TITLE
Appeal of a Planning Commission decision approving a Tentative Parcel Map (PLN 2000-18) to
allow the creation of two single-family flag lots - 723 El Patio Drive.
CITY COUNCIL ACTION:
The City Council may take one of the following actions:
1. Adopt a Resolution upholding the Planning Commission approval of (PLN 2000-18) and
denying the appeal;
2. Adopt a Resolution upholding the appeal and denying application (PLN 2000-18);
3. Adopt a Resolution upholding the Planning Commission approval of (PLN 2000-18) and
direct staffto pursue the completion of the cul-de-sac; or,
4. Conth~ue the item for further review.
BACKGROUND
Planning Commission Meeting: On April 25, 2000, the Planning Commission, by a 7-0-O:~ote,
approved a Tentative Parcel Map to allow the creation of two flag lots on the north side of El
Patio Drive at its easterly terminus that incorporated excess street right-of-way identified by the
City Council in October of 1998. The proposed map allowed the creation of two flag lots that
incorporated a portion of' the existing street right-of-way that has been ident~ed as excess. The
proposed subdivision was conditioned to require the installation of curb, gutter and sidewalks
along the frontage of the proposed lots and the construction of a portion of a new cul-de-sac at
this terminus of E1 Patio Drive.
Appeal:
On ,Ma, y 5, 2000, the City received a letter from Mr. Robert Hardy appealing the Planning
Commisgion's approval of the tentative parcel map in that the completion of the cul-de-sac is E9t
inelu~0~ in the conditions of' approval. The conditions of' approval do not require completioq ~f
th~ Cui"-de-sac and will leave a portion of the cud-de-sac unfinished adjacent to his property.
Hardy owns the residential property on the south side of E1 Patio Drive which cuttemly does not
have street improvements along its frontage. The existing street right-of-way adjacent to Mr.
Hardy's property has historically been used as a garden.
Mr. Hardy objects to the map approval in that the conditions of approval would require the
construction of a partial cul-de-sac at this location thus encouraging additional traffic adjacent to
his property. Mr. Hardy's appeal cites that the new improvements will encourage the following:
City Council Report - June 6, 2000
Appeal of PLN 2000-18 - 723 E1 Patio Drive
PaFe 2
1. Encourage vagrants to access the Creek over his property;
2. Adversely impacts his property by further exposing his garage and property to turn around
traffic and parking;
3. Removes the existing land buffer without replacing it with a curb; and
4. Leaves the cul-de-sac unfinished and unsightly.
Although it would be desirable to construct street improvements along the frontage of Mr.
Hardy's property and complete the cul-de-sac, it is difficult to establish a sufficient benefit to the
tentative parcel map project and subdivider. If the City Council determines that additional street
improvements should be constructed at this time, the City could enter into an agreement with the
subdivider that would provide for the City's reimbursement of all additional costs incurred by the
applicant. A notice of improvement obligation could be recorded against the Hardy property
requiring repayment of those costs upon sale or substantial redevelopment.
The Planning Commission at its hearing referred the matter of completing the cul-de-sac to the
Public Works Department staff. Staff has prepared the attached memorandum responding to the
street improvement issue and Mr. Hardy's appeal.
A copy of Mr. Hardy's appeal letter and his letter addressed to the Planning Commission are
attached for your review.
The alternative actions are listed under "City Council Actions" above.
FISCAL IMPACTS
If the City Council directs staff to proceed with the construction of the remaining portion of the
cul-de-sac, the cost to the General Fund would be $10,000 to $15,000. If a Notice of
Improvement Obligation were recorded on Mr. Hardy's property, the General Fund would be
reimbursed upon sale or substantial redevelopment of his property.
Attachments:
1. Draf~ City Council Resolution upholding the Planning Comminsion's approval of PLN 2000-18 and
denying the appeal.
2. Drat~ City Council Resolution upholding the appeal and denying the Planning Commission's approval
of ?LN 2000-18.
3. Letter of Appeal submit~:l by Mr. Hardy and his Let~ of Request to the Planning Commission.
4. Planning Commi-~sion Resolution 3272
5. Planning Commission Meeting Minutes of April 25, 2000
6. Public Works Memorandum Dated May 23, 2000 discussing street improvement issue.
7. Staff Report for Planning Comminsion Meeting of April 25, 2000
8. Exhibits
9. Location Map
City Council Report - Sune 6, 2000
Appea! of PLN 2000-18 - 723 E1 Patio Drive
Page 3
Prepared by:
Reviewed by:
Tim J. H ea~), Associate Planner
Approved by: ~
Fierro, Community Development Director
.C
Attachment #6
MEMORANDUM
CITY OF CAMPBELL PUBLIC WORKS DEPARTMENT
TO:
Tim Haley, Associate Planner
DATE: May 24, 2000
FROM: Bill Helms, Land Development Manager
SUBJECT: Appeal of Conditions of Approval PLN 2000-18
In summer of 1998, applications were received from Mr. Steve Burch of 723 E1 Patio Drive at the east
end of E1 Patio Drive and from Mr. And Mrs. Gallo of 580 E1 Patio Drive at the west end of the street
for vacation of excess street right of way at both ends of the street. On October 6,1998, the City
Council authorized staff to determine public street needs and to work with the applicants to initiate
those vacation proceedings.
Mr.Burch subsequently submitted an application ( PLN 2000-18) for a Parcel Map to create two
parcels from his existing lot at 723 E1 Patio and a portion of the excess public right of way that would
be vacated. Among the conditions of approval attached to the Parcel Map application for the creation
of the two lots were the following conditions related to street improvements:
Street Improvements: Prior to vacation of the public right of way and recordation of the Parcel Map,
the applicant shall execute a street improvement agreement and shall cause plans for public street
improvements to be prepared by a registered civil engineer, pay fees, post security and provide
insurance necessary to obtain an encroachment permit for construction of the public improvements, as
required by the City Engineer. The plans shall include the following:
· Construction of the improvements and related work as generally shown on the approved
Tentative Parcel Map and described herein, including curb, gutter, sidewalk, streetlight,
street trees, ADA compliant driveway approaches, reconstruction of pavement, variable
thickness AC pavement, storm drain improvements, and conforms to existing public and
private improvements.
· Relocation, protection, and construction of utilities as necessary
The required street improvements, as shown on the Tentative
curb,gutter,sidewalk and a full 1/2 street pavement section across:
· The frontage of the Shore property at 705 E1 Patio because
reconfigured to provide right of way for the required cul de sac.
· The frontages of both new lots
· The balance of the circular portion of the cul de sac.
Parcel Map, include
their frontage must be
In addition, a small transitional section of street pavement to connect from the end of the new curb,
gutter, and sidewalk to the edge of the existing pavement is required. Construction of these
improvements by the applicant will provide satisfactory access to the new lots and the reconfigured lot
at 705 E1 Patio. These requirements are consistent with development requirements in other areas.
Mr. Hardy, owner of the property at the southeast corner of E1 Patio and Poplar Avenue, has requested
that the new street improvements also be constructed across the E1 Patio frontage of his property as a
condition of the Burch Parcel Map because the Hardy property would be adversely impacted by:
· Not having the improvements completed on the entire length of the street from Poplar Avenue
to the end of the cul de sac by further exposing the garage and property to turn around traffic
and parking.
· Removing the existing land buffer along some frontage of his property and not replacing it
with a curb
· Leaving the project unfinished and unsightly
Although it would be desirable to construct street improvements along the E1 Patio frontage of the
Hardy parcel in connection with future development activity on that parcel, it would be difficult to
establish sufficient benefit to the Burch Parcel Map project to require any additional street
improvements construction at this time.
If the City Council determines that additional street improvement should be constructed at this
time, the City could enter into an agreement with the applicant that would provide for City
reimbursement of all additional costs incurred by the applicant. A notice of improvement
obligation could be recorded against the Hardy property requiring repayment of those costs upon
sale or substantial redevelopment.
Cc
Sharon Fierro, Community Development Director
Bob Kass, Public Works Director
Planning Commission
City of Caml~beil, CA
Re: PLN2000-18 Burct~ S
CiH Hall Council Chambers
April 25. 2000
Dear Plmming Cmmnission.
I, Robert Hardy and my brothers, David Hardy and Richard S. Hardy are the owners of the r~ll property
and improvements including lots 8 and 9 o£"Tract No. 2 -Rancho Del Patio". commonly know as 182 N.
Poplar, Campbell. My parents, Dick mid Margaret Hardy, purc 'lmsed the property from file Ai~ksley
Corporation m 1976. My brother and I acqmred title to the property alter my father's death m September
of 1998.
We urge I/mt the Planmng Co~mmssion reject the staff recommendation as proposed in the staffm~rt of
item no. 1 concerning 723 El Patio Drive unless the following modifi~tions concenting our property can
be made to mitigate the adverse impact that this project -lms on our propert?-.
Finish the proposed improvements to complete the cul-de-sac including curb. gutter and sidewalk
that is adjacent to our property. Completing the furore curb, gutter and s/dewalk nov,' would make
the most sense esthetically. Also. a substantial proportion of the land proposed for pavement
reconsu-u~don that borders our property ~ been used by my thnuly/hr over 24 years as a rose
garden and has served as a buffer and protection Rom the public encroaching ul~on our properly.
(S~ attached tentative map outlining ex/sting land that serves as a buffer to our propert?-.)
Vacate a portion of the existing access street fight of way to our property, to relocate the garden
zmd/or to provide rear access to our property, including mi appropriately placed driveway cutoul_
(See attaclied tentative map outlining a triangular piece of excess public street nght-o£-wa~v that
would vacate a portion ore,x/sting street right-of-way to our property for rear access.)
Although we are happy with the status quo, my brofl~ers and i believe these modilkmtions to the proposed
project would serve our needs as property o~v~ers as well as the needs of the neighborhood.
Sincerely,
CITY OF CAMPBELL
Community Development Department · Current Planning
April 27, 2000
Steve & Rosemary Burch
61 Virginia Avenue
Campbell, CA 95008
Rodney Osorio
723 E1 Patio Drive
Campbell, CA 95008
Re: PLN2000-18 - 723 E1 Patio Drive
Dear Applicants:
Please be advised that the Planning Commission, at its meeting of April 25, 2000, adopted
Resolution No. 3272 approving a Tentative Parcel Map to create two parcels on the above-
reference property.
This approval is effective in ten days, unless appealed in writing to the City Clerk. The time
within which judicial review of this decision must be sought is governed by California Code of
Civil Procedure, Section 1094.6.
If you have any questions, do not hesitate to contact me at (408) 866-2144.
Tim J. Haley
Associate Planner
CC:
Harold Housley, Public Works Department
Frank Mills, Building Division
Wayne Hokanson, Santa Clara County Fire Department
Jitka Cymbal, Westfall Engineers, 14583 Big Basin Way, Saratoga, CA 95070
70 North First Street - Campbell, California 95OO8.1423 · T~L 408.866.2140 · F^X 408.866.8381 · TDD 408.866.2790
RESOLUTION NO. 3272
BEING A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CAMPBELL APPROVING A PARCEL MAP
(PLN2000-18) TO CREATE TWO PARCELS ON PROPERTY
LOCATED AT 723 EL PATIO DRIVE IN AN R-I-6 (SINGLE
FAMILY RESIDENTIAL) ZONING DISTRICT. APPLICATION
OF MR. STEVE BURCH. FILE NO. PLN2000-18.
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 PLN2000-18.
The proposed density of 5.2 units per gross acre does not exceed the maximum
density of the Low Density Residential designation (less than 6 units per gross acre)
shown on the Land Use Element of the General Plan, and thus is not in conflict with
the allowable density permitted under the General Plan.
The proposed map is consistent with the development standards of the R-l-6
Zoning District.
3. The proposed subdivision layout allows for access to sunlight.
Based on the foregoing findings of fact. the Planning Commission further finds and
concludes that. subject to the imposed conditions:
1. The proposed subdivision is consistent with the General Plan.
The proposed subdivision does not impair the balance between the housing needs of
the region and the public service needs of the residents and available fiscal and
environmental resources;
3. The site is physically suitable for the proposed density and type of development.
The design of the subdivision provides, to the extent feasible, for future passive or
natural heating or cooling opportunities.
The proposed project, will aid in the harmonious development of the immediate
area.
Planning Commission Resot,.,on No. 3272
PLN2000-18 - 723 El Patio Drive - Steve Burch
Page 2
The applicant is hereby notified, as part of this application, that he/she is required to meet the
following conditions in accordance with the ordinance 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. Additionally, the applicant is hereby notified that he/she 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
1. Approved Proiect: Approval is granted for a Tentative Parcel Map allowing the creation
of two (2) lots on property located at 723 E1 Patio Drive. The plans shall substantially'
conform to the map prepared by:
Tentative Parcel Map: Westfall Engineers, Inc. dated March 2000, except as may be
modified by the Conditions of Approval herein. (Planning)
Landscaping: Applicant shall submit four (4) sets of a tree inventory and retention plan
prepared by a licensed arborist indicating type, size, condition and disposition of all trees
with trunk diameters greater than 12" at 4 feet above adjacent grade. The tree retention
and protection plan must be approved, prior to any grading or demolition on the site. The
Plan is to be reviewed and approved by the Community Development Department.
(Planning)
Property Maintenance: The property shall be maintained free of any combustible trash,
debris and weeds, until the time that actual construction commences. (Planning)
Utility Boxes and Back-Flow Preventers: The applicant shall submit a plan to the
Community Development Department, prior to installation of PG&E utility (transformer!
boxes and S.J. Water back-flow preventers, indicating the location of the boxes and
screening (if boxes are above ground) for approval of the Community Dexrelopment
Director. (Planning)
Future Creek Trail Easement: The applicant shall provide a 20-foot easement across the
southerly portion of the proposed parcels to accommodate a future extension of the Los
Gatos Creek Trail system along the westerly side of Los Gatos Creek. Easement to be
provided prior to recordation of map. (Planning)
PUBLIC WORKS DEPARTMENT
6. Parcel Map: Prior to vacation of the public right-of-way, the applicant shall submit a Parcel
Map for recordation upon approval by the City. The current plan check fee is S1,125.00
plus $25 per parcel.
Preliminary Title Report: The applicant shall provide a current Preliminary Tide Report for
the subject property and other properties as necessary. The City may accept other
documentation, in lieu of Preliminary Title Reports.
Planning Commission Reso,~,,on No. 3272
PLN2000-18 - 723 E1 Patio Drive - Steve Burch
Page 3
10.
12.
13.
14.
15.
16.
Monuments: Prior to recording Parcel Map, the applicant shall set all Monuments as shown
on the Parcel Map.
Street Improvements: Prior to vacation of the public right-of-way and recordation of the
Parcel Map, the applicant shall execute a street improvement agreement and shall cause
plans for public Street Improvements to be prepared by a registered civil engineer, pay fees,
post security and provide insurance necessary to obtain an encroachment permit for
construction of the public improvements, as required by the City Engineer. The plans shall
include the following:
· Construction of the improvements and related work as generally shown on the
approved Tentative Parcel Map and described herein, including curb, gutter, sidewalk,
streetlight, street trees, ADA compliant driveway approaches, reconstruction of
pavement, variable thickness AC pavement, storm drain improvements, and conforms
to existing public and private improvements.
· Relocation, protection, and construction of utilities as necessary.
Water Meter(s) and Sewer Cleanout(s): Existing and proposed Water Meter(s) and Sewer
Cleanout(s') shall be installed on private property behind the public right-of-way line.
Soils Report: The applicant shall provide a Soils Report prepared by a registered
geotechnical or civil engineer, upon submittal of the street improvement plans.
Utilities: All new on-site Utilities shall be installed underground per Section 20.36.150 of
the Campbell Municipal Code for any new or remodeled buildings or additions. The
applicant shall comply with all plan submittals, permitting, and fee requirements of the
serving utility companies.
Utility Installation Plan: Prior to issuance of building permits for the site. the applicant
shall submit a Utility Installation Coordination Plan and Schedule for approval b,~ the City'
Engineer for installation of street improvements and/or abandonment of all utilities. Streets.
which have been resurfaced within the previous 5 years, will require boring and jacking for
all new utility installations. The applicant shall also prepare pavement restoration plans for
approval by the City Engineer prior to any utility installation or abandonment.
Storm Drain Area Fee: Prior to recordation of the Parcel Map. the applicant shall pay the
required Storm Drain Area fee which is $2,000 per acre.
Santa Clara Valley Water District (SCVWD'~: Prior to vacation of the public right-of-way
and recordation of the Parcel Map, the applicant shall obtain clearance from the SCVWD.
Any easements and permits required by the SCVWD shall be provided or obtained prior to
map recordation.
Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building
permits, the applicant shall comply with the National Pollution Discharge Elimination
System (NPDES) permitting requirements and the California Storm Water Best
Planning Commission Reso .... on No. 3272
PLN2000-18 - 723 E1 Patio Drive - Steve Butch
Page 4
17.
18.
19.
Management Practices handbook prepared by the Storm Water Quality Task Force, Santa
Clara Valley Water District and the City of Campbell Municipal Code regarding Storm
Water Pollution Prevention.
Demolition: Prior to recording of the Parcel Map the applicant shall obtain a Demolition
permit to remove non-conforming structures.
Lot Line Adjustment: Prior to vacation of the public right-of-way, the applicant shall
submit a Lot Line Adjustment application for approval by the City Engineer concerning
APN 279-45-3. The current application processing fee is $577.50.
Le.aal Description and Plats: The applicant shall cause all Legal Descriptions and Plats to
be prepared as necessary in connection with disposition of the properties related to the
vacation of public right-of-way
COMMUNITY DEVELOPMENT DEPARTMENT
20. Park Dedication/Impact Fee: The applicant shall pay the in lieu of park dedication fee of
S8,242.50 at the time of map recordation for the newly created lot. Additionally, the
applicant is advised that at the time of building occupancy, a park impact fee of $10,990 is
required for any newly constructed units less any applicable credits provided by the Park
Impact Fee ordinance.
2t.
Noise Analysis: The applicant shall have a noise analysis of the project site prepared by an
acoustical engineer to be reviewed and approved by the Community Development Director.
The recommended noise attenuation measures of the acoustical engineer shall be
incorporated into site development improvements. These improvements may include the
construction of a sound wall or upgrades in building construction to attenuate noise.
PASSED AND ADOPTED this 25th day of April. 2000, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Commissioners: Francois,-Gibbons, Hernandez, Jones, Kearns, Lindstrom,
Lowe
Commissioners: None
Commissioners: None
Commissioners: None
/
APPROVED: (_~/~' 4---~ ,~_,~-/~
JEliza~eth Gibbons, Chair
Sharon Fierro, Secretary
Planning Commission Minutes of April 25, 2000 Page 2
ORAL REQUESTS
There were no oral requests.
PUBLIC HEARING
Chairperson Gibbons read Agenda Item No. 1 into the record.
1. PLN2000-18
Burch, S.
Public Hearing to consider the application of Mr. Steve Burch for
approval of a Tentative Parcel Map (PLN2000-18) create two single-
family parcels on property located at 723 El Patio Drive in an R-l-6
(Single Family Residential) Zoning District. This project is
Categorically Exempt. Planning Commission decision final, unless
appealed in writing to the City Clerk within 10 days.
Mr. Tim J. Haley, Associate Planner, presented the staff report as follows:
· Advised that the applicant is seeking approval of a Tentative Parcel Map to create two flag
lots.
· Informed that in 1998, Council authorized staff to work out a street vacation on this cul de
sac.
The subject property is located on the North side of E1 Patio.
· The two lots will be 6,990 and 6,760 square feet respectively.
· The Zoning Ordinance permits flag lots if they are at least 6,600 square feet.
· Advised that the Community Development Director can approve a single flag lot but as this
project includes two flag lots, Planning Commission must approve the application.
· This project is consistent with the R-l-6 Zoning and General Plan Designation (less than six
units per gross acre). The property is being developed at a density of 5.2 units per gross acre.
· Said that a communication item was distributed from a neighbor across the street.
Commissioner Kearns asked for clarification as to what this neighbor is asking.
Mr. Tim J. Haley:
· Advised that the neighbor, Mr. Hardy, has a garage at his property line and has also been.
utilizing some of the space that will become the cul de sac for a garden for a number of
years.
· Said that Mr. Hardy is asking to have the street improvements for the entire cul de sac
installed rather than just the portion in front of the applicant's property.
· Informed the Commission that the Public Works Department says that this applicant should
not have to pay the costs to install the improvements in front of another person's property.
Commissioner Keams asked about the Condition of Approval No. 5, which requires access to the
Los Gatos Creek Trail.
Mr. Tim J. Haley advised that the trail access would follow an easement that allows the Water
District access to their equipment. Added that at the present time, it is not practical to extend the
Creek Trail in this area due to the sloping grade of the land.
Planning Commission Minutes of April 25, 2000 Page 3
Chairperson Gibbons asked if any of the cul de sac improvements are installed at this time.
Mr. Tim J. Haley replied that none of the cul de sac improvements are installed currently.
Chairperson Gibbons asked .what portion of the cul de sac would be installed as a Condition of
Approval.
Mr. Tim J. Haley answered about two-thirds of the cul de sac would be required to be installed
by the applicant.
Chairperson Gibbons asked for clarification as to the location of the easement.
Mr. Tim J. Haley replied that the easement is at the southern property line of Parcel 2.
Commissioner Hernandez asked how much of the cul de sac would not be improved.
Mr. Tim J. Haley replied approximately 60 to 70 feet.
Commissioner Lowe asked why the garage on the neighboring property is not meeting setbacks.
Mr. Tim J. Haley advised that the garage was constructed in the 1930's or 1940's.
Chairperson Gibbons stated that it appears that the Public Works Department has no objection to
the cul de sac not being completed at this time.
Commissioner Lowe asked about the neighbor's garden location.
Mr. Tim J. Haley advised that the garden is located within the public right-of-way.
Chairperson Gibbons clarified that the area has been unused for many years.
Chairperson Gibbons advised that there is no Site and Architectural Review Committee report, as
this project was not reviewed by SARC.
Chairperson Gibbons opened the Public Hearing for Agenda Item No. 1.
Mr. Robert Hardy, 182 N. Poplar Avenue:
· Thanked the Commission for the opportunity to address this project.
· Thanked Tim Haley and Harold Housley for their assistance.
· Advised that he and his brothers never received notice of Council's action in 1998 to vacate
the public right-of-way.
· Stated that the applicant, Steve Burch, is the one who notified him in January 2000.
· Said that he and his brothers inherited this property from their father.
Planning Commission Minutes of April 25, 2000 Page 4
· Advised of a problem with vagrants trying to access the Creek using their property.
· Said that it adversely impacts his property not to have the improvements completed on the
entire cul de sac, including the fact that his garage would be more exposed to traffic.
· Said that until just recently he was no aware that this proposal did not include complete
improvements of the cul de sac.
· Asked who would be responsible for the costs of the improvements.
· Questioned whether it was ever a requirement to have the entire cul de sac improved. Added
that Public Works has said that completing the improvements was never a condition for this
project.
Commissioner Hemandez asked Mr. Hardy where his property is in relation to the project site.
Mr. Robert Hardy replied that his property is located to the south of the garage that is depicted on
the exhibit. They have a three-bedroom home there.
Commissioner Hernandez asked about Mr. Hardy installing a fence.
Mr. Robert Hardy replied that he would like to see a fence installed to keep people off of his
property but that the Water District has an easement.
Mr. Fred Ziegler, 203 Poplar, asked if there is any parking along the cul de sac.
Mr. Tim J. Haley stated that with the driveway cutouts, available parking on the cul de sac would
be limited.
Chairperson Gibbons asked when the improvements would occur for the remainder of the cul de
sac.
Ms. Sharon Fierro, Community Development Director, replied that there are no plans nor a
schedule for this work to be completed.
Commissioner Lowe asked why.
Ms. Sharon Fierro clarified that these improvements in front of Mr. Hardy's property are not the
responsibility of Mr. Burch.
Commissioner Lowe stated that it is an obligation of the City.
Ms. Sharon Fierro advised that as properties are improved and/or developed the improvements
are installed at the expense of the property owner doing the developing.
Commissioner Lindstrom asked about the improvements that are being installed for one
neighboring property by Mr. Burch.
Planning Commission Minutes of April 25, 2000 Page 5
Mr. Tim J. Haley advised that Mr. Burch is connecting his improvements to existing
improvements at the comer, including in front of a neighbor's property, however there is a trade
off with that neighbor as far as vacation of property in trade off for the installation of the
improvements.
Mr. Steve Burch, Applicant, 743 E1 Patio:
· Said that he has been working for a year and a half to meet City'requirements.
· Advised that he has not seen Mr. Hardy's letter nor know of Mr. Hardy's concerns until this
evening.
· Said that a overlay of pavement would be installed along Mr. Hardy's property.
· Concurred with Mr. Hardy's complaint about a transient problem as they seek access to the
Creek.
Commissioner Lowe asked Mr. Burch if a home would be constructed on the second lot.
Mr. Steve Burch replied that he hoped to build a home on the second lot, perhaps for his family
to move into.
Chairperson Gibbons questioned the lot size with the easement. Would it meet the 6,800 square
foot minimum.
Ms. Sharon Fierro replied that easements are not subtracted from a lot's size.
Mr. Robert Hardy questioned whether there would be no improvements or the pavement overlay
as Mr. Burch mentioned.
Chairperson Gibbons stated that as she understands it no improvements are planned.
Chairperson Gibbons closed the Public Hearing for Agenda Item No. 1.
Motion:
Upon motion of Commissioner Lindstrom, seconded by Commissioner
Francois, the Planning Commission adopted Resolution No. 3272
approving a Tentative Parcel Map (PLN2000-18) create two single-
family parcels on property located at 723 El Patio Drive in an R-1-6
(Single Family Residential) Zoning District, by the following roll call
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Francois, Hernandez, Gibbons, Jones, Kearns, Lindstrom,
Lowe
None
None
None
Motion:
Upon motion of Commissioner Lowe, seconded by Commissioner
Francois, the Planning Commission took minute action to ask that the
Planning Commission Minutes of April 25, 2000 Page 6
Public Works Department explore finishing the improvements in the
triangle area of the cul de sac on El Patio and requested that staff bring
a report back to the Commission, by the following roll call vote:
AYES: Francois, Hernandez, Gibbons, Jones, Kearns, Lindstrom,
Lowe
NOES: None
ABSENT: None
ABSTAIN: None
Chairperson Gibbons advised that this item is final in 10 days unless appealed in writing to the
City Clerk.
Chairperson Gibbons read Agenda Item No. 2 into the record.
PLN2000-28
Netzel, J.
Public Hearing to consider the application of Mr. Jim Netzel for
approval of a Site and Architectural Application (PLN2000-28) to
allow the construction of a new single family residence on property
located at 1667 Walters Avenue in an R-l-9 (Single Family
Residential) Zoning District. This project is Categorically Exempt.
Planning Commission decision final, unless appealed in writing to the
City Clerk within 10 days.
Mr. Tim J. Haley, Associate Planner, presented the staff report as follows:
· Advised that the applicant is seeking approval for a new two-story, 3,200 square foot, single-
family residence on the north side of Walters Avenue, close to Harriet Avenue. The structure
will be a Craftsman style residence.
· The zoning is R-l-9. Since this property is only 7,185 square feet, it is considered legal non-
conforming and can be developed using the R-l-6 Standards.
· This proposed residence complies with the requirements of the San Tomas Area
Neighborhood Plan and with all required development and design standards.
· Staff recommends that the Commission adopt a Resolution approving this application.
Chairperson Gibbons asked about the Condition which requires deferred street improvements.
Mr. Tim J. Haley advised that the Public Works Department is recommending deferred
improvements. The improvements required are a rolled curb.
Commissioner Francois presented the Site and Architectural Review Committee meeting as
follows:
· This project was reviewed by SARC on April 11, 2000.
· SARC was supportive with the requirement for minor decorative items on the garage door.
Windows have been added.
ITEM NO. I
STAFF REPORT - PLANNING COMMISSION MEETING OF
April 25, 2000
PLN 2000-18
Burch, S.
Public Hearing to consider the application of Stephen Burch for approval of a
Tentative Parcel Map (PLN 2000-18) to create two single family parcels on
property located at 723 El Patio Drive in an R-l-6 (Single Family Residential)
Zoning District.
STAFF RECOMMENDATION
That the Planning Commission take the following action:
Approve the proposed Tentative Parcel Map, incorporating the attached findings,
and subject to the attached Conditions of Approval.
ENVIRONMENTAL DETERMINATION
This project is categorically exempt under Class 15 of the California Environmental
Quality Act provisions. Class 15 consists of the division of property in urbanized areas
zoned for residential use into four or fewer parcels when the division is in conformance
with the General Plan and Zoning.
PROJECT DATA
Net Site Area:
16,170 (.36 acres) includes flag access drives and street
vacation
Proposed Lots:
Average Net Lot Size:
Density:
2
6,875 square feet
5.2 units per gross area
Lot Summary:
Net lot area 6,990 sq. ft. 6,760 sq. ft.
Net lot area including 8,770 sq. ft. 7,400 sq. ft.
access driveway
Staff Report - _Planning Commission of April 25, 2000
PLN 2000-18(PM) - 723 E1 Patio Drive
Page 2
DISCUSSION
Background: The City Council in October of 1998 authorized staff to initiate vacation of
excess public street tight-of way along the street frontage of the project site. Currently, E1
Patio Drive has an easterly terminus at the Highway 17 right-of-way. The Public Works
Department has identified this street tight-of-way as excess.
A significant portion of the recommended excess street right of way will be transferred
to Santa Clara Valley Water District for flood control, creek bank and creek maintenance
purposes. The current street right-of-way includes portions of the Los Gatos Creek
embankment and the Los Gatos Creek channel.
The subject property consists of one lot on the north side of the easterly end of E1 Patio
Drive. The site is currently developed with a single family residence and various
accessory buildings at the northerly side of the property and measures approximately
13,005 square feet in area. The project site with the addition of the excess street right-of-
way measures approximately 16,170 square feet. This request is being referred to the
Planning Commission in that both proposed lots would be characterized as flag lots.
Typically, the Community Development Director would consider a tentative parcel map
at an administrative heating, if it involved a standard lot and a flag lot.
Applicant's Proposal: The applicant is seeking approval of a Tentative Parcel Map to
create two flag lots on the property located at 723 E1 Patio Drive. The proposed map
utilizes a portion of the street right-of-way for access purposes.
Staff is recommending a condition of approval that requires that an easement be recorded
across the southerly portion of this property to ensure Santa Clara County Valley Water
District access and to accommodate a future extension of the creek trail path system
along the westerly side of Los Gatos Creek.
GENERAL PLAN AND ZONING CONSISTENCY
General Plan Designation: The site has a General Plan designation of Low Density
Residential (less than 6 dwelling units per gross acre). The proposed map results in a
density of 5.2 units per gross acre and therefore is consistent with the General Plan
density range.
Zoning Designation: The subject property is zoned R-1-6 (Single family residential), and
requires a minimum lot area of 6,000 square feet, and a minimum lot width of 60 feet for
single-family houses. Flag lots require a minimum lot area of 6,600 square feet exclusive
of a 15' wide access drive. The two proposed lots satisfy the area, width and frontage
standards of the R- 1-6 Zoning District.
Staff Report - _Planning Commission of April 25, 2000
PLN 2000-18(PM) - 723 E1 Patio Drive
Page 3
ANALYSIS
Subdivision Design: The applicant proposes to subdivide the existing lot into two flag
lots. Both lots would take access from a newly constructed cul-de-sac at this location.
The applicant is required to construct the cul-de-sac in conjunction with this map
approval.
Sound Attenuation: The project site is located within 21 feet of the Highway 17 right-of-
way and consequently is subjected to significant traffic noise. A condition of approval is
recommended that the applicant provide an acoustical analysis of the site to ensure
appropriate sound attenuation through the construction of a sound wall or building
construction type.
Attachments:
1. Findings
2. Conditions of Approval
3. City Council Report- Right-of Way Vacation- October 6,1998
4. Location Map
5. Tentative Parcel Map
Submitted by:
Approved by:
Sharon Fierro, Interim Community Development Director
Attachment No. 1
FINDINGS FOR APPROVAL OF FILE NO. PLN 2000-18(PM)
SITE ADDRESS: 723 El Patio Drive
PLANNING COMMISSION: April 25, 2000
FINDINGS FOR APPROVAL OF A
TENTATIVE PARCEL MAP
The Planning Commission finds as follows with regard to project number PLN 2000-18:
The proposed density of 5.2 units per gross acre does not exceed the maximum
density of the Low Density Residential designation (less than 6 units per gross acre)
shown on the Land Use Element of the General Plan, and thus is not in conflict
with the allowable density permitted under the General Plan.
The proposed map is consistent with the development standards of the R-l-6
Zoning District.
3. The proposed subdivision layout allows for access to sunlight.
Based on the foregoing findings of fact, the Planning Commission further finds and
concludes that, subject to the imposed conditions:
1. The proposed subdivision is consistent with the General Plan.
2. The proposed subdivision does not impair the balance between the housing needs of
the region and the public service needs of the residents and available fiscal and
environmental resources;
3. The site is physically suitable for the proposed density and type of development.
4. The design of the subdivision provides, to the extent feasible, for future passive or
natural heating or cooling opportunities.
5. The proposed project, will aid in the harmonious development of the immediate
area.
Attachment No. 2
CONDITIONS OF APPROVAL FOR FILE NO. PLN 2000-18
SITE ADDRESS: 723 El Patio Drive
APPLICANT: Stephen Burch
Planning Commission: April 25, 2000
The applicant is hereby notified, as part of this application, that he/she is required to meet
the following conditions in accordance with the Ordinances of the City of Campbell and
the State of California. Additionally, the applicant is hereby notified that he/she 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
1. Approved Project: Approval is granted for a Tentative Parcel Map allowing the creation
of two (2) lots on property located at 723 E1 Patio Drive. The plans shall substantially
conform to the map prepared by:
Tentative Parcel Map: Westfall Engineers, Inc. dated March 2000 and received April 14,
2000, except as may be modified by the Conditions of Approval herein. (Planning)
Landscaping: Applicant shall submit four (4) sets of a tree inventory and retention plan
prepared by a licensed arborist indicating type, size, condition and disposition of all trees
with trunk diameters greater than 12 "at 4 feet above adjacent grade. The tree retention
and protection plan must be approved, prior to any grading or demolition on the site. The
Plan is to be reviewed and approved by the Community Development Department.
(Planning)
o
Property Maintenance: The property shall be maintained free of any combustible trash,
debris and weeds, until the time that actual construction commences. (Planning)
Utility Boxes and Back-Flow Preventers: The applicant shall submit a plan to the
Community Development Department, prior to installation of PG&E utility (transformer)
boxes and S.J. Water back-flow preventers, indicating the location of the boxes and
screening (if boxes are above ground) for approval of the Community Development
Director. (Planning)
o
Future Creek Trail Easement: The applicant shall provide a 20-foot easement across the
southerly portion of the proposed parcels to accommodate a future extension of the Los
Gatos Creek Trail system along the westerly side of Los Gatos Creek. Easement to be
provided prior to recordation of map. (Planning)
PUBLIC WORKS DEPARTMENT
6. Parcel Map: Prior to vacation of the public right-of-way, the applicant shall submit a Parcel
Map for recordation upon approval by the City. The current plan check fee is $1,125.00
plus $25 per parcel.
Conditions of Approval- Planning Commission
PLN 2000-18(PM) - 723 E1 Patio Drive
Page 2
of April 25, 2000
o
10.
11.
12.
13.
14.
Preliminary Title Report: The applicant shall provide a current Preliminary Title Report for
the subject property and other properties as necessary. The City may accept other
documentation, in lieu of Preliminary Title Reports.
Monuments: Prior to recording Parcel Map, the applicant shall set all Monuments as shown
on the Parcel Map.
Street Improvements: Prior to vacation of the public right-of-way and recordation of the
Parcel Map, the applicant shall execute a street improvement agreement and shall cause
plans for public Street Improvements to be prepared by a registered civil engineer, pay fees,
post security and provide insurance necessary to obtain an encroachment permit for
construction of the public improvements, as required by the City Engineer. The plans shall
include the following:
· Construction of the improvements and related work as generally shown on the
approved Tentative Parcel Map and described herein, including curb, gutter, sidewalk,
streetlight, street trees, ADA compliant driveway approaches, reconstruction of
pavement, variable thickness AC pavement, storm drain improvements, and conforms
to existing public and private improvements.
· Relocation, protection, and construction of utilities as necessary.
Water Meter(s) and Sewer Cleanout(s): Existing and proposed Water Meter(s) and Sewer
Cleanout(s) shall be installed on private property behind the public right-of-way line.
Soils Report: The applicant shall provide a Soils Report prepared by a registered
geotechnical or civil engineer, upon submittal of the street improvement plans.
Utilities: All new on-site Utilities shall be installed underground per Section 20.36.150 of
the Campbell Municipal Code for any new or remodeled buildings or additions. The
applicant shall comply with all plan submittals, permitting, and fee requirements of the
serving utility companies.
Utility Installation Plan: Prior to issuance of building permits for the site, the applicant
shall submit a Utility Installation Coordination Plan and Schedule for approval by the City
Engineer for installation of street improvements and/or abandonment of all utilities. Streets
which have been resurfaced within the previous 5 years will require boring and jacking for
all new utility installations. The applicant shall also prepare pavement restoration plans for
approval by the City Engineer prior to any utility installation or abandonment.
Storm Drain Area Fee: Prior to recordation of the Parcel Map, the applicant shall pay the
required Storm Drain Area fee which is $2,000 per acre.
Conditions of Approval- Planning Commission of April 25, 2000
PLN 2000-18(PM) - 723 E1 Patio Drive
Page 3
15.
Santa Clara Valley Water District (SCVWD): Prior to vacation of the public right-of-way
and recordation of the Parcel Map, the applicant shall obtain clearance from the SCVWD.
Any easements and permits required by the SCVWD shall be provided or obtained prior to
map recordation.
16.
Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building
permits, the applicant shall comply with the National Pollution Discharge Elimination
System (NPDES) permitting requirements and the California Storm Water Best
Management Practices handbook prepared by the Storm Water Quality Task Force, Santa
Clara Valley Water District and the City of Campbell Municipal Code regarding Storm
Water Pollution Prevention.
17. Demolition: Prior to recording of the Parcel Map the applicant shall obtain a Demolition
permit to remove non-conforming structures.
18.
Lot Line Adjustment: Prior to vacation of the public right-of-way, the applicant shall
submit a Lot Line Adjustment application for approval by the City Engineer concerning
APN 279-45-3. The current application processing fee is $577.50.
19.
Legal Description and Plats: The applicant shall cause all Legal Descriptions and Plats to
be prepared as necessary in connection with disposition of the properties related to the
vacation of public right-of-way
COMMUNITY DEVELOPMENT DEPARTMENT
20.
Park Dedication/Impact Fee: The applicant shall pay the in lieu of park dedication fee of
$8,242.50 at the time of map recordation for the newly created lot. Additionally, the
applicant is advised that at the time of building occupancy, a park impact fee of $10,990 is
required for any newly constructed units less any applicable credits provided by the Park
Impact Fee ordinance.
21.
Noise Analysis: The applicant shall have a noise analysis of the project site prepared by an
acoustical engineer to be reviewed and approved by the Community Development Director.
The recommended noise attenuation measures of the acoustical engineer shall be
incorporated into site development improvements. These improvements may include the
construction of a sound wall or upgrades in building construction to attenuate noise.
~~/~llie'y~Trc~n~s;c~r;ation Authority
March 14, 2000
RECEIVED
City of Campbell
Community Development Department
Current Planning
70 North First Street
Campbell, CA 95008-1423
1'4AR 1 5 2000
CITY OF CAMPBELL
PLANNING DEPT,
Attention: Tim J. Haley, Associate Planner
Subject: File No. PLN: 2000-18 / Lands of Burch
Dear Mr. Haley:
Santa Clara Valley Transportation Authority (VTA) staff have reviewed the application
for a tentative parcel map to create a two lot subdivision located at 723 E1 Patio Drive
near Poplar Avenue. While the developer should be aware of the parcel's proximity to
the future Vasona Light Rail Transit (LRT) Corridor, we have no comments at this time.
If you have any questions, please call Christina Jaworski of my staff at (408) 321-5751.
Sincerely, _ ,/~
Roy~Molse~
Senior Environmental Analyst
RM:CTJ:kh
cc: Derek Kantar, VTA Environmental Program Manager
3331 North First Street · San Jose, CA 95134-1906 · Administration 408.321.5555 · Customer Service 408.321.2300
CITY OF CAMPBELL
Community Development Department · Current Planning
April 13, 2000
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Planning Commission of the City of Campbell has set the time of
7:30 p.m., or shortly thereafter, on Tuesday, April 25, 2000, in the City Hall Council Chambers,
70 North First Street, Campbell, California, for a Public Hearing to consider the application of
Mr. Steve Butch for approval of a Tentative Parcel Map (PLN2000-18) create two single-family
parcels on property located at 723 El Patio Drive in an R-1-6 (Single Family Residential) Zoning
District. This project is Categorically Exempt.
Interested persons may appear and be heard at this hearing. Please be advised that if you
challenge the nature of the above project in court, you may be limited to raising only those issues
you or someone else raised at the Public Hearing described in this Notice, or in written
correspondence delivered to the City of Campbell Planning Commission at, or prior to, the
Public Hearing. Questions may be addressed to the Community Development Department at
(408) 866-2140
Decisions of the Planning Commission may be appealed to the City Council. Appeals must be
submitted to the City Clerk in writing within 10 calendar days of an action by the Commission.
In compliance with the Americans with Disabilities Act, listening assistive devices are available
for all meetings held in the Council Chambers. If you require accommodation, please contact the
Community Development Department at (408) 866-2140, at least one week in advance of the
meeting.
PLANNING COMMISSION
CITY OF CAMPBELL
PLEASE NOTE:
When calling about this Notice,
please refer to File No. PLN2000-18
Address: 723 E1 Patio Drive
SHARON FIERRO
SECRETARY
70 North First Street · Campbell, California 95008.1423 . TEL 408.866.2140 . FaX 408.866.8381 - TDD 408.866.2790
O.~CHAgO'
CITY OF CAMPBELL
Community Development Department
February 14, 2000
Subject:
PLN: 2000 -18
Tentative Parcel Map- Lands of Burch
723 E1 Patio Drive
APN: 279-45-002
Dear Referral Agencies:
The Community Development Department has received the above referenced tentative parcel map to
create a two lot subdivision on property located at 723 E1 Patio Drive in conjunction with a future
street vacation.
Your review and comments would be appreciated on this matter, please forward comments or
conditions to the Community Development Department by March 14~ 2000.
If you should have any questions regarding this referral, please do not hesitate to contact the
undersigned at (408) 866-2143.
Sincerely, _
Tim J. Haley
Associate Planner
enclosure: Tentative Parcel Map
Distribution:
Health Department
United States Post Office
Campbell Union School District
PG&E
Pac Bell
San Jose Water Company
West Valley Sanitation District
Valley Transportation Agency
Santa Clara Valley Water District
70 North First Street . Campbell, California 95OO8.1423 - TEL 408.866.2130 · }:^X 408.866.8381 - TDD 408.866.2790
CITY OF CAMPBELL
Community Development Department · Current Planning
December 21, 1999
Mr. Stephen Burch
61 Virginia Avenue
Campbell, CA 95008
Re: (PA 99-61)
723 E1 Patio Drive
Dear Mr. Burch:
Thank you for your submittal of a preliminary application for a tentative parcel map and
street vacation to allow the creation of two lots at the above referenced site. The subject
property is zoned R-1-6(Single Family Residential). The general concept of two parcels is
acceptable, if the following items are addressed:
1. The flag portion of each parcel must be a minimum of 6,600 square feet in area
exclusive of the access driveway. The minimum width of the access driveway must
be 15 feet wide and must have fee title access to the public right-of-way. Please have
your engineer illustrate this information on the tentative map.
2. It is recommended that you work with the Public Works Department in an effort to
vacate the southerly portion of the road right-of-way to the adjacent owner of
assessor parcel number 279-46-7. In the event that this property owner does not wish
to accept this vacation, then the vacation of this property to Santa Clara Valley Water
District is considered acceptable.
3. A tree inventory and preservation plan needs to be submitted with the tentative
parcel map. This plan will need to address the type, size and health of trees and their
disposition.
4. A noise analysis of the site shall be prepared in conjunction with the tentative parcel
map by an acoustical engineer that would recommend sound walls or noise
mitigation measures to ensure that the proposed residential uses meet Campbell's
Noise Standards for residential uses.
5. A payment of a park impact fee of $10,990 will be due at the time of building
occupancy for the new residential dwelling. Seventy-five percent of this amount is
due at the time of map recordation and
6. Existing buildings on the project site that are to remain will need to satisfy setback
requirements of the R- 1-6 Zoning District.
70 North First Street · Campbell, California 95008.1423 · TEL 408.866.2140 - FAX 408.866.8381 · TDD 408.866.2790
Pre-application PA 99-61
723 E1 Patio Drive
page 2
In that this proposed subdivision involves the creation of two flag lots, the consideration of
the map will need to be considered by the Planning Commission at a Public Hearing. The
Community Development Director may consider the creation of only one flag lot at an
Administrative Public Hearing.
Please find enclosed comments from the Public Works Department and the Fire District. The
Fire Department comments will have implications on water supply and vehicle access if a
waiver is not granted.
It would be helpful to schedule a meeting to go over the items discussed above, please do not
hesitate to contact the undersigned at 866-2144.
Tim J. Haler, t_./
Associate Planner
enclosures:
Public Works Memorandum dated November 15, 1999
Fire Department Comments dated November 1, 1999
CC:
Sharon Fierro, Interim CommUnity Development Director
Harold Housley, Land Development Engineer
Wayne Hokanson, Santa Clara County Fire Department
Westfall Engineers, Inc., Victoria Village, Big Basin Way
CITY OF CAMPBELL
Public Works Department
June 4, 1999
Karen Shore
244 Bonita Road
Portola Valley, CA 94028
Re: 705 - 723 E1 Patio Drive, Campbell
Dear Ms. Shore:
It is understood that you are the owner of 705 E1 Patio Drive in Campbell. The City of
Campbell is considering a proposal to construct a cul-de-sac in front of your property as
generally shown on the enclosed map. In order to construct the cul-de-sac, we would need
your cooperation regarding right-of-way dedication (see map). The construction cost of the
cul-de-sac would be primarily the responsibility of the abutting land owner to the east who
owns 723 E1 Patio.
As shown on the map, you would be required to dedicate a sufficient property frontage to
construct the cul-de-sac. In exchange, the City would vacate a portion of the existing right-of-
way to you.
Please give me a call at (408) 866-2158 and I woul.d be happy to discuss this matter in more
detail.
Sin.;erely/ ., .// ,,
~/13eveloprn~er~t Engineer
cc:
Steve Birch, 61 Virginia Avenue, Campbell
Bill Helms, Environmental Programs Manager
h:\landdev\723patio(mp)
CITY OF CAMPBELL
Public Works Department
January 19, 1999
Mr. Steve Burch
61 Virginia Avenue
Campbell, CA 95008
Subject: Application For Vacation Of Excess Right Of Way - 723 E1 Patio Drive
Dear Mr. Butch:
As you know, we have attempted to contact all utility companies and other agencies
that currently may have an interest in the E1 Patio Drive public street right of way
which you have requested the City to vacate. Responses received from the responding
utility companies are attached for your reference. It appears that the property could be
vacated as requested, providing the public utility easements that are necessary be
maintained or created.
In order to move forward with your request to vacate the excess public street right of
way, the City will need assurance that the proposed cul-de-sac at this location can
feasibly be constructed. Prior to consideration of the vacation, improvement plans for
the future cul-de-sac would need to be prepared by a licensed civil engineer and
presented to the City for review and ultimate approval. The improvement plans will
need to include the following items:
existing improvements
· existing utilities
· existing property lines and easements
· top of bank location and elevations
· proposed improvements including:
· new asphalt paving (a soils report will be required to determine the
appropriate pavement design)
· City standard 5' marginal sidewalk
· City standard curb and gutter including flow line elevations
· new City standard driveway approaches
· cul-de-sac with face of curb radius = 30', property line radius of 35'
· grading and drainage plan,' including storm drainage improvements
· conforms to existing improvements
: · existing and proposed street light(s)
70 North First Street · Campbell, California 95008.1423 · TEL 408.866.2150 · FAX 408.:376.0958 · 'mD 408.866.2790
Steve Burch
January 19, 1999
Page 2
approval from the Santa Clara Valley Water District for the
improvements proposed (required for any proposed construction
within 50' of their facilities)
Once we have reviewed the improvement plans and are confident that the cul-de-sac
can be constructed, you will need to have a licensed land surveyor prepare the legal
descriptions and plats indicating which portions of the right of way to be vacated will
be-quit claimed and to which adjacent properties the excess right of way should revert.
The plats and descriptions should also indicate what easements will be maintained or
created over the right of way to be vacated.
Following the review and approval of the improvement plans and the plats and
descriptions, we will move forward with a request for the City Council to consider a
summary vacation of this excess public street right of way.
Please be aware that construction of the cul-de-sac improvements across the 723 E1
Patio frontage would most likely be required as a condition of approval upon any future
development or map approvals.
If you have any questions regarding the above, please feel free to contact Harold
Housley or me at 866-2150.
Sincerely,
Michelle Quinney
City Engineer
Harold Housley
File: 723 E1 Patio Dr.
J:\MQ\LD\ELPATIOVACATIONS\723 - Impvmnt plans
San Jose
Water
Company
374West Santa Clara St.
San Jose, CA 95196-0001
Phone 408 279-7808
Fax408 279-7934
Ms. Michelle Quinney, City Engineer
City of Campbell
70 Ndrth First Street
Campbell, CA 95008-1423
Reference:
ENGINEERING & OPEF~ATIONS
1221 S. Bascom Ave., S.J. 95128
Facsimile: 408-292-5812
Writer's Dial: 408-279-7873
January 7, 1999
RECEIVED
JAN 1 I f999
PUB~.~¢ WOR
NI~?RA?JOi~I
Vacation of a portions of E1 Patio Drive adjacent to
APN 279-45-002 & 279-44-001
Dear Ms. Quinney:
This letter is being written in response to your request dated November 5, 1998 for
comments regarding the proposal to vacate portions of E1 Patio Drive (Page Street).
San Jose Water Company has facilities that need to be retained in both portions as
indicated on the enclosure. If a cul-de-sac is constructed at the easterly end of E1 Patio Drive, the
requesting party should pay to have the facilities that will remain on private property retired and
abandoned and to relocate service connections and consumer's piping appropriately. If a
cul-de-sac is constructed at the westerly end of E1 Patio Drive, a Public Utility Easement must be
retained to accommodate the existihg water main and the requesting, party should construct an all
weather roadway along this easement to provide for pei'manent access and maintenance'.
Your continued notification of the stares of these proposed vacations is appreciated. If
you require further information, please contact this office.
Sincerely,"
Wayri'e.S...Warren
New Business Supervisor
WSW/ems
Enclosure (portion of SJWC Plat Map)
cc: Harold Houslcy, CiD' of Campbell (w/enclosure)
Pacific Gas and
Electric Company
South Coast Area, Land Right~ Office
111 Almaden Boulevard Suite 814
San Jose, California 95113
December 19, 1998
CITY OF CAMPBELL
Michelle Quinney
70 North 1 st Street
Campbell, CA 95008
Vacation of Por of E1 Patio Drive
Your File No 723 El Patio Drive
PG&E File No 054!L6-2951
RECEIVED
DEC 2 2 1998
PUBLIC WORKS
ADMINISTRA?ION
Ms. Quinney:
Thank you for submitting a copy of the proposed street vacation for our review as
referenced above.
PG&E has now concluded its review process and has determined that we still maintain
gas main and a gas service lines within the subject location. PG&E will consent to this
request subject to a utility reservation through the city's resolution to'protect our existing
facilities. As a condition of this approval, a copy of the passed resolution should be sent
to our office when it becomes finalized.
Any proposed development plans should provide for unrestricted utility access and
prevent easement encroachments that might impair the safe and reliable maintenance and
operation of PG&E's facilities.
Some examples of activities which could hav6 an impact upon our facilities' include
permanent/temporary changes in grade over or under our facilities; construction of
structures within or adjacent to PG&E's easements; and planting of certain types of
vegetation over or underneath our gas and electric facilities respectively.
Developers will be responsible for the costs associated with the relocation of existing
PG&E facilities if any, to accommodate their proposed development. Because facilities
relocation's require long lead times and are not always feasible, developers should be
encouraged to consult with PG&E as early in their planning stages as possible.
Please feel free to contact me at 408.282.7546, if you have any questions in regards to
this matter.
Thank you.
,' ., . ~..? ,?~'.~.
?::'
Nicholas C. ~ell~o
Lead L~d Tec~ici~
TCI
RECeiVED
{998
11/11/98
Harold Housely
City of Campbell -
Public Works Dept.
70 North 1't Street
Campbell, CA 95008
Subject:
Proposed Vacation of excess public street right of way on E1 Patio Drive.
Dear Mr. Housley:
I have reviewed the parcel map provided by Michelle Quinney, city Engineer, for the purpose
of a Proposed Vacation for the City of Campbell.
TCI Cablevision of San Jose has no comments or objection to the proposed development
indicated on the parcel map. TCI currently has service facilities within the area, and it does
not appear that there should be any problem to provide CATV facilities to this parcel.
Sincerely,
.L/
David Le
Engineering and Design Dept.
TCI of California
San Jose System Office
1900 So. Tenth Street
P.O. Box 114
San Jose, CA 95103-0114
(408) 918-3200
FAX (408) 294-7280
Bay Loop Engineering
PWC/CT/I'a6ff Coordinator
34758 North First Street, Room 250
San Jose. California 95'134
November 10, 1998
Harold Housley, Land Development Engineer
City of Campbell
Public Works Department
70 N.First Street
Campbell, CA 95008-1423
PACIFIC la,~ BELL ·
A Pacific Telesis Company
RE: PFoposed Vacation Of Excess Street Right Of Way - El Patio Drive
Dear Mr. Housley:
This is in response to a request from City of Campbell, letter dated Nov. 5, 1998, requesting
consent from Pacific Bell, to allow the vacation of the above mentioned street in the County of
Santa, State of California.
We do not have any facilities in the area. Pacific Bell has no objection to the vacation process.
Should have any questions, please call me on (408) 493-7068.
Sincerely,
Alex Ovalle
Public Works Coordinator-Pacific Bell
PWC 98001
October 15, 1998
Santa Clara Valley Water District
5750 ALMADEN EXPRESSWAY
SAN JOSE, CA 95118-3686
TELEPHONE (408) 265-2600
FACSIMILE (408} 266-0271
www.scvwd.dst.ca.us
AN EQUAL OPPORTUNITY EMPLOYER
Mr. Stephen Burch
61 Virginia Avenue
Campbell, CA 95008
Dear Mr. Burch:
Subject: Lot Split at 722 El Patio Way
The Santa Clara Valley Water District (District) has reviewed your request dated May 19, 1998, for
information regarding the potential vacation of a portion of El Patio Way adjacent to 722 El Patio Way.
The District owns the parcel east of this site. The District's Central Pipeline a 66-inch diameter raw
water pipeline is located within the adjacent property. The pipe crosses the creek and follows Route 17
for some distance. This pipe delivers water to the District's Rinconada Water Treatment Plant in Los
Gatos. The small building on the adjacent parcel contains equipment for this pipeline which allows water
to be released into the creek should the pipe need to be drained. The District will continue to need
vehicular access to this site.
A review of topographic maps indicate that the creek bank extends approximately to the center of El Patio
Way. The District would accept ownership of the portion of the street right of way that includes the creek
and approximately 20 feet along the top of bank.
In addition, right of way over the area of the existing driveway access to our valve building must be
provided to the District. Enclosed is a copy of our topographic map showing the creek area and driveway
access area that the District will request a continued interest in retaining or acquiring land rights.
I can be reached at 265-2607, extension 2253.
Sincerely,
/' /--) ...~- - ..
/
Sue A. Tippets, P. E.
Supervising Engineer
Community Projects Review Unit
Enclosure
CC:
Mr. Harold Housley (w/enc), Public Works Department ,City of Campbell,
70 North First Street, Campbell, CA 95008
~I~ recycled paper
Santa ClaraValley Water District 6
5750 ALMADEN EXPRESSWAY
SAN JOSE. CA 95118-3686
TELEPHONE (408) 265-2600
FACSIMILE (408) 266-0271
www.scvwd.dst.ca.us
AN EQUAL OPPORTUNITY EMPLOYER
October 9, 1998
Mr. Steve Piasecki
Community Development Director
Community Development Department
City of Campbell
70 North First Street
Campbell, CA 95008-1423
OCT 15 1998
CITY OF CAMPBELL
Dear Mr. Piasecki:
Subject: Poplar Creek
The Santa Clara Valley Water District (District) has reviewed the site plan for the subject project to
subdivide 1 parcel into 6 lots for single-family homes located on the east side of Poplar Avenue,
approximately 400 feet north of Campbell Avenue.
Current Federal Emergency Management Agency maps show the majority of the site is within Zone C, an
area of minimal flooding. The easterly portion of the site adjacent to Los CJatos Creek is in Zone A, an area
subject to the 100-year flood where base flood elevations and flood hazard factors are not determined. To
comply with federal flood insurance regulations, the lowest floor and highest adjacent grade of any building
must be.above the 1 percent water surface elevation.
The District performed an analysis several years ago to determine water surface elevations on Los Gatos
Creek in the event ofa 1 percent flood. The depth of flow in the creek at this site varies from about 11 to
14 feet with velocities ranging from 4 to 11 feet per second. Flood flows would remain within the creek
banks. The banks are subject to erosion which could range from a mild progressive sloughing of the banks
to a severe rapidly occurring blow out of the type that occurred recently downstream of Campbell Avenue.
The site plan shows a sketch of the limits of the creek, however, there are 2 tops of bank shown on the west
side of the creek. A revised plan should be sent with a topographical map clearly delineating the top of
bank and toe of bank.
The site plan shows proposed houses on the top of .the creek bank. Any structures should be located
outside the 2:1 (2 horizontal to 1 vertical) slope setback from the toe of the creek as they may be subject
C~ recycled paper
Mr. Steve Piasecki
2 October 9, 1998
to damage from erosion or bank failure of the creek. The slope stability setback requirement can be
assessed with additional information. A topographical map and surveyed cross sections of the creek should
be provided in order to accurately determine the 2:1 slope stability limits. Sketches provided by the project
proponent indicate that the banks are slightly steeper than a 2 to 1 slope. The plans show the houses placed
within the 2:1 slope stability setback area, with the rear wall on the hinge point of the creek bank.
The District discourages this type of land development planning for several reasons:
Creek banks are inherently unstable and subject to the erosive forces of nature. Should a massive
failure occur at the site, the homes may be subject to damage, and the safety of the homeowners
jeopardized. Creek bank repairs are also a very costly obligation to impose on a homeowner.
The District suggests that the proposed homes be located a distance from the top of bank to allow
room for creek bank reconstruction or slope stabilization activities should they be necessary in the
futui'e. Increasingly, environmental concerns require that bank repairs use bioengineering methods.
These methods require the planting of vegetation and typically need a flatter slope to be successful.
The issuance of permits by the District and other regulatory agencies for construction ofhardscape
erosion repairs will become increasingly difficult in the future. We will not approve construction
that does not adequately provide for nor address the potential failure and repair of the creek bank.
In the event of a failure, the District will not repair the creek bank. Such a position, nonetheless
places the District, as the agency responsible for flood control and jurisdiction on the creek, in an
awkward position with future property owners.
The placement of building walls at the top of bank limits the owners access around the building and
their ability to maintain the rear wall. In addition, there would be no back yards associated with
these homes. We suggest that rear yard setbacks as appropriate for city lots, be imposed from the
top of the creek bank after considering the two to one slope stability setback.
The encroachment of buildings to the top of bank squeezes the creek resource eliminating any
potential for enhancement or reestablishment of a riparian corridor or creekside public access.
As the site is located adjacent to a riparian comdor, a qualified biologist should be consulted to establish
the location of the riparian edge and to advise on an appropriate setback area to preserve/create the "edge
effect" attribute of the riparian habitat, buffer the impacts of development, and provide avenues for wildlife
dispersal. Riparian habitat values can be reduced when buildings, impervious surfaces, and omamental
landscape areas are located directly adjacent to the corridor. Impacts may include: disturbance to wildlife
breeding and/or foraging from excessive noise and/or night lighting, loss of edge habitat that reduces the
value of the corridor for many wildlife species, and the introduction of non-native plant and ammal species
that reduce riparian habitat quality.
The project proponent has inquired about placing gabion baskets on the slope to provide erosion protection.
While this will address creek bank erosion, the hardscape damages the natural character of the bank, and
precludes establishment of riparian vegetation. Installation of these materials will require approval and
permits from the Army Corp of Engineers, the California Department ofFish and Game, and the Regional
Water Quality Control Board.
Mr. Steve Piasecki 3 October 9, 1998
We do not believe approval of the location of these homes at the top of the creek bank is a prudent land
development decision, and we strongly urge the City of Can~pbell to condition the project with a creek bank
setback.
Any questions may be referred to Ms. Yvonne Arroyo at (408) 265-2607, extension 2319.
Sincerely,
Sue A. Tippets, P. E.
Supervising Engineer
Community Projects Review Unit
Mr. Donald E. Banta ~
Donald E. Banta& Associates, Incorporated
415 Meridian Avenue
San Jose, CA 95126
Mr. Dennis Chargin
2258 Fairvalley Court
San Jose, CA 95125
Council
Report
Item No.:
Category: Consent Calendar
Date: October 6, 1998
Title:
Initiation of Excess Right-of-Way Vacation - E1 Patio Drive
REC O.-N~-MEN'DA TION
That the City Council authorize staff to in/tiate vacation of excess public street right-of-way on
El Patio Drive.
BACKGROUND
In June of this year, the City received an application for vacation of excess public street right-
of-way from Mr. Steve Burch of 723 E1 Patio Drive. Mr. Burch owns the property at the
easterly end of El Patio Drive. Mr. Burch has submitted a conceptual plan that indicates a cuI-
de-sac could be constructed within the existing public street right-of-way, leaving a large
portion of public street right-of-way not needed for future public street purposes. Mr. Burch
is requesting that the City vacate all public street right-of-way in excess of what would be
required to construct the future cul-de-sac at this location. The proposed cul-de-sac and area
proposed for vacation is shown on the attached plan.
In July of this year, the City also received a conceptual plan on behalf of the property owners
at 580 E1 Patio Drive, Mr. and Mrs. Gallo. This property is located at the westerly end of E1
Patio Drive and this plan also indicates that a cul-de-sac could be constructed at the west end
of El Patio Drive upon the City obtaining a small dedication of property from the owners of
580 E1 Patio Drive. The Gallo's are also requesting that the City vacate all street right-of way
that would not be necessary for the construction of a future cul-de-sac at this location. The
proposed cul-de-sac and area proposed for vacation is also shown on the attached plan.
DISCUSSION
The E1 Patio Drive public street right-of-way was originally dedicated for public street use on
the Rancho Del Patio Tract Map which was Tract No. 2, prepared in 193.I. The public street
right-of-way on the westerly end of El Patio Drive was dedicated to accommodate a future
extension of Page Street from Campbell Avenue to El Patio Drive and the Rancho Del Patio
subdivision. In January of 1990, a tentative tract map (Tract No. 8357) and a planned
development permit were approved by City Council for the development of 32 townhomes on
the west side of Page Street, south of the Rancho Del Patio Tract. With the approval of this
development, it was determined that a future extension of Page Street to El Patio was not
desirable. The subsequent construction of this development has eliminated the potential of any
future connection between Page Street and El Patio Drive and has therefore created this excess
public right-of-way.
Initiation of Excess Public Right-of-Way Vacation: Page 2
October 6, 1998
The excess public street right-of-way on the easterly end of E1 Patio Drive was most likely
dedicated to allow a future connection of E1 Patio Drive along the westerly side of Los Gatos
Creek, possibly to Hamilton Avenue. The construction of Highway 17 has eliminated this
potential and has created this portion of excess public right-of-way.
Since both of these excess rights-of-way were dedicated for public street purposes on Tract
No. 2 and the City did not purchase this property for public purposes, any vacation of excess
right-of-way would result in the excess right-of-way reverting to the adjacent property owners
of the Tract that originally offered the property for dedication.
Staff has reviewed the conceptual plans for the cul-de-sacs and is supportive of cul-de-sacs at
these locations. Staff would recommend that in connection with the vacation of excess public
right-of-way at the 580 El Patio Drive location, the City also adopt a plan line for the future
cul-de-sacs since a dedication would be required from this property in order to construct the
required cuI-de-sac.
Both property owners who have requested the vacation of the excess public street right-of-way
have indicated a desire to use the additional property to pursue future development of their
properties. Should these property owners decide to pursue future development such as a lot
split on the property, the City would require the property owner to install the actual cul-de-sac
improvements as a condition of approval for the lot split or development permit.
A number of issues would need to be investigated and/or resolved before any formal action
could be taken on the vacations including:
· The impact of the right-of-way vacation on utility facilities and easements currently within
the public street right-of-way.
· A determination regarding what portions of each excess right of way would revert to each
of the adjacent property owners.
· Legal plats and descriptions of the proposed public street vacations, plan lines, and
required easements would need to be prepared by a licensed Land Surveyor at the
applicant's expense and submitted to the City for review and use in the summary vacation
and plan line procedures.
Before proceeding with the work involved, staff felt it is important to review the issue with the
Council to determine if the concept of vacating the excess public street right of way at this
location is generally acceptable. Should Council authorize staff to proceed, work would begin
to resolve the issues listed above. If the proposed vacation is acceptable to all agencies and the
adjacent property owners, staff would return to Council with a request for summary vacation.
Initiation of Excess Public Right-of-Way Vacation: Page 3
October 6, 1998
FISCAL IMPACT
There are no fiscal impacts associated with this action. The applicants would be required to
provide all necessary documents for the vacation process and plan line process.
ALTEI~NATIVES
Do not authorize the staff to proceed with the vacation process. This is not recommended
since the area is currently a City maintenance responsibility. Returning any excess public
street right-of-way to the adjacent property owners would remove the maintenance
responsibilities for this area from the City to the adjacent property owner.
Prepared by:
Reviewed by:
Approved by:
Attachment:
City Eng~.~eer (J
rector
Proposed Vacation of Excess Public Street Right-of-Way
CC:
Mr. and Mrs. Gallo, 580 E1 Patio Dr., Campbell
Mr. Burch, 723 El Patio Dr., Campbell
J:M Q\LD\VACATE\ELPATIO