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Parcel Map - 2004 If -- -1 J MEMORANDUM To: Melinda Denis PI er I, Community Development Department From: Date: Subject: Appeal of Planning Commission decision - 1045 Hazel Avenue At the regular meeting of July 20, 2004, the City Council held a public hearing to hear an Appeal by Mr. Paul Boyer, of a Planning Commission decision approving the application of Mr. Donald Call for a Tentative Parcel Map to allow the division of a parcel into two residential lots on property owned by Mr. Call, located at 1045 Hazel Avenue in an R-I-6 (Single family residential, 6,000 square foot minimum lot size) Zoning District. The City Council took action adopting Resolution No. 10373 denying the Appeal and upholding the Planning Commission approval of a Tentative Parcel Map (PLN 2004-15) to allow the division of a parcel into two residential lots on property owned by Mr. Donald Call located at 1045 Hazel Avenue in an R-I-6 (Single Family Residential) Zoning District. A certified copy of this Resolution is attached for your records, together with a copy of the letter written to Mr. Boyer in follow-up to the City Council's action. -- o \'. CJ\ A. ~4.'~'''.o~(\'I .... r U !"" . , -' .. '$>... c'''- Ol/CH A v.\>' - \\\~ y- CITY OF CAMPBELL City Clerk's Office July 22, 2004 Mr. Paul Boyer 757 Ecker Court Campbell, CA 95008 Dear Mr. Boyer: At the regular meeting of July 20, 2004, the Campbell City Council held a public hearing to consider your Appeal of a Planning Commission decision approving the application of Mr. Donald Call for a Tentative Parcel Map, to allow the division of a parcel into two residential lots on property owned by Mr. Donald Call, located at 1045 Hazel Avenue in an R-I-6 (Single Family Residential, 6,000 square foot minimum lot size Zoning District). After hearing public testimony and following City Council discussion and deliberation, the City Council took the following action: Adopted Resolution No. 10373 denying an Appeal and upholding the Planning Commission approval of a Tentative Parcel Map (pLN 2004-15) to allow the division of a parcel into two residential lots on property owned by Mr. Donald Call located at 1045 Hazel Avenue in an R-I-6 (Single Family Residential) Zoning District. A certified copy of this Resolution is enclosed for your records. Please note that the time within which judicial review of this action must be sought is governed by Section 1094.6 of the California Code of Civil Procedure, unless another statute (such as California Government Code Section 65009 or some other applicable provision of law) sets forth a more specific time period. Continued .. 70 North First Street . Campbell, California 95008.1423 . TEL 408.866.2117 . FAX 408.374.6889 . TOD 408.866.2790 - Page 2 Should you have any questions in regard to the City Council's action, please do not hesitate to contact this office (408) 866-2117 or Melinda Denis, Planner I, Community Development Department. Sincerely, Anne Bybee City Clerk Enc. cc. Mr. Donald Call Melinda Denis, Planner I - RESOLUTION NO. 10373 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION APPROVAL OF A TENTATIVE PARCEL MAP (pLN2004-15) TO ALLOW THE DIVISION OF A PARCEL INTO TWO RESIDENTIAL LOTS ON PROPERTY OWNED BY MR. DONALD CALL LOCATED AT 1045 HAZEL AVENUE IN AN R-I-6 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT. APPLICATION OF MR. DONALD CALL. FILE NO. PLN2004-15. 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 PLN2004-15: 1. The proposed project has a density of 5.3 units per gross acre, which is consistent with the General Plan land use designation of Low Density Residential (less than 6 units per gross acre). 2. The proposed map is consistent with the development standards (including lot size and minimum lot width) of the R-I-6 Zoning District and the San Tomas Area Neighborhood Plan. 3. The shape and orientation of the lots facilitates solar access. 4. Each new lot created has adequate access to a public right-of-way. 5. The tentative parcel map has been distributed to local agencies, including Pacific Gas and Electric, West Valley Sanitation District, Santa Clara Valley Transportation Authority, and the Santa Clara Valley Water District. None of these agencies raised any concerns about providing services to the parcels. 6. The project qualifies as a Categorically Exempt project per Section 15315, Class 15 (Minor Land Divisions) of the California Environmental Quality Act (CEQA). Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. The proposed tentative parcel map is consistent with the General Plan and Zoning Ordinance. 2. 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. 3. The design of the tentative parcel map provides, to the extent feasible, for future passive or natural heating and cooling opportunities. 4. The proposed development will aid in the harmonious development of the immediate area. City Cpuncil Resolution Denying Appeal and Upholding PC Approval ofPLN2004-15 1045 Hazel Avenue -- Tentative Parcel Map Page 2 5. 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. 6. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. NOW, THEREFORE, BE IT RESOLVED that the City Council denies an appeal and upholds the Planning Commission's approval of a Tentative Parcel Map (pLN2004-15) to allow the division of a parcel into two residential lots on property owned by Mr. Donald Call located at 1045 Hazel Avenue, subject to the following conditions: Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review. 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 DEPARTMENT Plannin!!: Division I. Approved Proiect: Approval is granted for a Tentative Parcel Map to allow the division of a parcel into two residential parcels on property located at 1045 Hazel Avenue. The Tentative Parcel Map shall substantially conform to the revised Tentative Parcel Map prepared by Jim Diggins, DeBolt Civil Engineering received on April 21, 2004, except as modified by the Conditions of Approval herein. Tentative map approval is valid for a period of two years from the date of approval and shall expire unless an extension of approval is granted. 2. Final Parcel Map: This Tentative Parcel Map approval is contingent upon approval of the final parcel map to divide the subject property. The final parcel map shall be approved and recorded prior to issuance of building permits. 3. Park Impact Fee: A park impact fee of $10,990 for one new unit developed at a density range of less than 6 units per gross acre, or the fee in effect at the time of occupancy, is due upon development of the site. Prior to recordation of the fmal parcel map, 75% of this fee is due. The remaining 25% is due prior to issuance of a certificate of building occupancy. 4. Tree Preservation: Prior to final map approval, the applicant shall submit a tree inventory and preservation plan for review and approval by the Community Development Director. A mitigation plan shall be included with the tree report for all trees over twelve inches in diameter that will be removed. Any trees designated for removal shall be replaced with a similar 24" box tree at a I: I ratio. If the infill of the lots sufficiently changes the existing City Council Resolution Denying Appeal and Upholding PC Approval ofPLN2004-15 1045 Hazel Avenue -- Tentative Parcel Map Page 3 grade of the lots, tree protection measures must be identified in the report to preserve existing trees during and after grading and construction. 5. Deed Restriction: Applicant shall record a deed restriction that stipulates that the rear lot (parcel B) shall receive Site and Architectural Review approval by the Planning Commission prior to construction of a new home. 6. ProDerty Maintenance: The property is to be maintained free of any combustible trash, debris and weeds until the time that actual construction commences. All existing structures shall be secured by having windows boarded up and doors sealed shut, or be demolished or removed from the property. PUBLIC WORKS DEPARTMENT 7. Parcel Map: Prior to issuance of any building permits for the project, the applicant shall submit a parcel map for recordation upon approval by the City. The current plan check fee is $2,400 plus $35 per parcel. 8. Preliminary Title Report: Upon submittal of the tentative map, the applicant shall provide a current Preliminary Title Report. 9. Right-of-Way for Public Street Pw:poses: Upon recordation of the parcel map, the applicant shall cause additional right-of-way to be granted for public street purposes along the Hazel Avenue frontage to accommodate a 30-foot half street. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 10. Monumentation for Parcel Map: Prior to recordation of the parcel map, the applicant shall provide security for setting all monuments shown on the map. 11. Street Improvements: Prior to recordation of the parcel map, the applicant shall execute a street improvement agreement, cause plans for public street improvements to be prepared by a registered civil engineer, pay various fees and deposits, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City Engineer. The plans shall include the following: a. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway approaches. Each parcel is to have a separate driveway approach. b. Installation of City approved street trees at 40 feet on center. c. Installation of streetlights, conduits, conductors and related facilities in accordance with the City of Campbell's Street Lighting Policies. City Council Resolution Denying Appeal and Upholding PC Approval of PLN2004-15 1045 Hazel Avenue -- Tentative Parcel Map Page 4 d. Installation of full pavement section to conform to existing pavement, as required by the City Engineer. e. Construction of traffic control, stripes and signs. f. Construction of conforms to existing public and private improvements, as necessary. 12. Occupancy: Prior to allowing occupancy for any and/or all buildings, the applicant shall have the required Street Improvements installed and accepted by the City. 13. Water Meter(s) and Sewer Cleanout(s): Proposed water meter(s) and sewer cleanout(s) shall be installed on private property behind the public right-of-way line. 14. Soils Report: Prior to issuance of any grading or building permits for the site, applicant shall provide a soils report prepared by a registered geotechnical or civil engineer. 15. 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. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. 16. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. Streets that have been resurfaced within the previous five years will require boring and jacking for all new utility installations. Applicant shall also prepare pavement restoration plans for approval by the City Engineer prior to any utility installation or abandonment. 17. Grading and Drainage Plan: Prior to issuance of any grading or building permits for the site, the applicant shall conduct hydrology studies based on a ten-year storm frequency, prepare an engineered grading and drainage plan, and pay fees required to obtain necessary grading permits. The plans shall comply with the 1998 edition of the California Building Code including Chapters 10, 11, 18,33, and Appendix Chapter 33. 18. Storm Drain Area Fee: Prior to recordation of the parcel map, the applicant shall pay the required Storm Drain Area fee of $2,000.00 per net acre, which is $647.00. 19. Santa Clara Valley Water District (SCVWD): Prior to issuance of any permits for grading, landscaping, or building or the recordation of the parcel map, the applicant shall obtain a clearance from the SCVWD. (see SCVWD April 8, 2004 letter) 20. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and City Council Resolution Denying Appeal and Upholding PC Approval ofPLN2004-15 1045 Hazel Avenue -- Tentative Parcel Map Page 5 the Campbell Municipal Code regarding stormwater pollution prevention. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay. Resources to achieve these objectives include Stormwater Best Management Practices Handbook for New Development and Redevelopment ("CA BMP Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for Storm water Quality Protection ("Start at the Source") by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Stormwater Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. 21. Demolition: Prior to recording of the parcel map the applicant shall obtain a demolition permit and remove any nonconforming structures. PASSED AND ADOPTED this 20th day of call vote: July , 2004, by the following roll AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Watson, Dean, Kennedy, Burr None Furtado None APPROyEi; ~(r-~ Donald R. Burr, Mayor ATTEST: ~ Anne Bybee, City Clerk ... ~OINO ~ l'S A lNIi /fIG ~ copy Of 1Hl ON..&nl 011 I'U.I IN THI6 OFfICE. : ANNE BYBlte. CITY a.-. 0I1'r CA(II'CAIIA Ur.~ o .--. CL lI1A lU l( V:::-S City Clerk Bybee read the Clerk's Statement verifying public hearing notification and stated that no protests were received. Land Development/Environmental Programs Manager Penoyer read a Statement as to the nature of the Project. Mayor Burr asked if anyone in the audience wished to be heard. There being no one wishing to speak, Mayor Burr closed the public hearing. MIS: Watson/Kennedy - that the City Council adopt Resolution 10372 approving the Engineer's Report, ordering the improvements, and confirming the diagram and assessments for the City of Campbell Lighting and Landscaping District LLA- 1 for Fiscal Year 2004-05. Motion adopted by the following roll call vote: AYES Councilmembers: Watson, Dean, Kennedy, Burr NOES Councilmembers: None ABSENT: Counciimembers: Furtado 18. Appeal of Planning Commission Decision Approving Application of Mr. Donald Call for a Tentative Parcel Map (pLN2004-15) to allow the division of a parcel into two residential lots on property located at 1045 Hazel Avenue in an R-I-6 (Single Family Residential, 6,000 square foot minimum lot size) Zoning District (Resolution/Roll Call Vote) This is the time and place for a Public Hearing to consider an Appeal of the Planning Commission decision approving the application of Mr. Donald Call for a Tentative Parcel Map (PLN2004-15) to allow the division of a parcel into two residential lots on property located at 1045 Hazel Avenue in an R-1-6 (Single Family Residential, 6,000 square foot minimum lot size) Zoning District. Community Development Director Fierro - Staff Report dated July 20, 2004. Mayor Burr declared the public hearing open and asked if anyone wished to be heard. Paul Boyer, 757 Ecker Court, Campbell, appeared before the City Council and spoke against the project. Dan Call, 1045 Hazel A venue, Campbell, appeared before the City Council and spoke in support of the project. Don Call, 1045 Hazel Avenue, Campbell, appeared before the City Council and spoke in support of the project. Minutes of 7/20/2004 City Council Meeting 5 Jin Yu, 1071 Hazel Avenue, Campbell, appeared before the City Council and spoke in support of the project. Judy Noyes, 1035 Hazel A venue, Campbell, appeared before the City Council and spoke in support of the project. Darren Voges, 725 Craig Avenue, Campbell, appeared before the City Council and spoke against the project. Bill Noyes, 1035 Hazel Avenue, Campbell, appeared before the City Council and spoke in support of the project. Sheila Call, 1045 Hazel Avenue, Campbell, appeared before the City Council and spoke in support of the project. Lorin Thompson, 1015 Hazel Avenue, Campbell, appeared before the City Council and spoke against the project. Trevor Cameron, 1050 Hazel Avenue, Campbell, appeared before the City Council and spoke in support of the project. Cathy Johnsgard, 721 Ecker Court, Campbell, appeared before the City Council and spoke against the project. Mark Johnsgard, 721 Ecker Court, Campbell, appeared before the City Council and spoke against the project. There being no one else wishing to speak, Mayor Burr closed the public hearing. Following Council discussion, MIS: Dean/Kennedy - that the City Council adopt Resolution 10373 denying an Appeal and upholding the Planning Commission approval of a Tentative Parcel Map (pLN2004-15) to allow the division of a parcel into two residential lots, incorporating Findings and Conditions of Approval. Motion adopted by the following roll call vote: AYES Councilmembers: Watson, Dean, Kennedy, Burr NOES Councilmembers: None ABSENT: Councilmembers: Furtado UNFINISHED BUSINESS There were no agendized items. Minutes of 7/20/2004 City Council Meeting 6 ( Ill' (1/ Cll/JIII/x!1 City Council. Report ITEM NO: CATEGORY: MEETING DATE: 18. Public Hearing July 20,2004 TITLE Appeal of a Planning Commission decision approving the application of Mr. Donald C~ll for a Tentative Parcel Map to allow the division of a parcel into two residential lots on property owned by Mr. Donald Call, located at 1045 Hazel Avenue in an R- 1-6 (Single Family Residential, 6,000 square foot minimum lot size) Zoning District CITY COUNCIL ACTION The City Council may take one of the following actions regarding the appeal: I. Adopt a Resolution, incorporating the attached findings, approving an appeal and overturning the Planning Commission approval of a Tentative Parcel Map (PLN2004-15) to allow the division of a parcel into two residential lots; or 2. Adopt a Resolution, incorporating the attached findings and conditions of Approval, denying an appeal and upholding the Planning Commission approval of a Tentative Parcel Map (pLN2004-15) to allow the division of a parcel into two residential lots; or 3. Continue the item for additional information or refer the project back to the Planning Commission. ENVIRONMENTAL DETERMINATION The Planning Commission found that this 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; therefore, no environmental action is required. BACKGROUND The applicant, Mr. Donald Call, is requesting approval of a tentative parcel map to allow the division of a parcel into two (2) residential lots at 1045 Hazel Avenue. The proposed lot configuration consists of one standard lot (Parcel A) facing Hazel Avenue and one rear flag-lot (Parcel B). The property owner intends to retain the existing single-family residence except for a portion on the left side that would be removed to comply with the setback requirements, remove the existing detached garage, and construct a new attached garage on Parcel A. The property owner intends to construct a new single-family residence on Parcel B in the future. Construction of the new residence would not normally require approval of a Site and Architectural Review Permit by the City Council Report PLN2004-000 15 - 1045 Hazel Avenue Tentative Parcel Map Page 2 Planning Commission as the property is zoned R-I-6. However, due to the flag lot location and neighbor interest, staff will refer the house to the Planning Commission. The subject property consists of a parcel of land with an existing single-family residence and detached garage that was constructed in approximately 1952. The subject property is located on the north side of Hazel Avenue, west of Craig Avenue and east of Pecan Way. The project is surrounded by single-family residential on the north, south, east, and west. Subdivision Design: The front lot is required to be a minimum of 6,000 square feet with a minimum lot width of 60 feet. The rear lot is required to be a minimum of 6,600 square feet, exclusive of the required 15-foot wide access driveway. The proposed Tentative Parcel Map indicates Parcel A (front lot) is 6,065 square feet, Parcel B (rear lot) is 6,634 square feet, and the access driveway for Parcel B is 1,432 square feet with a minimum width of 15 feet. The proposed parcel map meets the minimum lot size and satisfies the minimum lot width requirements of the R-I-6 Zoning District, the Subdivision and Land Development Ordinance, and the San Tomas Area Neighborhood Plan (STANP). Street hnprovements: The subject property is subject to the street standards of the San Tomas Area Neighborhood Plan (ST ANP). The ST ANP requires curbs, gutters, sidewalks, and streetlights on Hazel Avenue. The applicant will be required to install street improvements in front ofthe subject property. Administrative Public Hearing: An Administrative Public Hearing was held on May 24, 2004 to consider the proposed project. Topics discussed at the hearing included fencing, landscaping, privacy impacts, noise, and neighborhood compatibility. Due to the number of concerns raised at the hearing, the Director referred the application to the Planning Commission. Planning Commission Meeting: The Planning Commission, at its meeting of June 22, 2004, approved the project by a 6-1 vote to approve a Tentative Parcel Map to allow the division of a parcel into two residential lots. Several members of the public spoke for and against the project. Appeal: On July 2, 2004, the City Clerk received a letter of appeal from Mr. Paul Boyer, appealing the Planning Commission's decision to approve the Tentative Parcel Map (pLN2004- 15). A copy of the appeal letter is attached and outlines the reasons for the appeal (see Attachment No.6). ALTERNATIVES 1. Deny the proposed project. 2. Approve the proposed project. 3. Continue for further review. City Council Report PLN2004-000 15 - 1045 Hazel Avenue Tentative Parcel Map Page 3 FISCAL IMPACTS None Attachments: I. Draft City Council Resolution approving an appeal and overturning the Planning Commission approval of Tentative Parcel Map (PLN2004-15). 2. Draft City Council Resolution denying an appeal and upholding the Planning Commission approval of Tentative Parcel Map (pLN2004-15). 3. Planning Commission Staff Report of June 22,2004 4. Planning Commission Resolution No. 3576 5. Planning Commission Meeting Minutes of June 22, 2004 6. Appeal letter from Mr. Paul Boyer Reviewed by: ~~ Melinda M. Denis, Planner I ?~~ Prepared by: Approved by: Sharon . ITO, Community Development Director ,,\,...O'(.C%"'O<9 !:: ~ U r- o 0 ... .>. ~.. .:: . (" O"CH"''''O' PLN2004-15 (TP) Call, D. '- Attachment #3 CITY OF CAMPBELL' PLANNING COMMISSION Staff Report. June 22, 2004 Public Hearing to consider the application of Mr. Donald Call to allow a Tentative Parcel Map to allow the division of a parcel into two residential lots on property located at 1045 Hazel Avenue in a R-I-6 Single Family Residential (6,000 square foot minimum lot size) Zoning District. STAFF RECOMMENDATION That the Planning Commission take the following action: I. Approve the Tentative Parcel Map (PLN 2004-00015) to allow the division of a parcel into two (2) residential lots, incorporating the attached findings and subject to the attached Conditions of Approval. ENVIRONMENTAL DETERMINATION This 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; therefore, no environmental action is required. PROJECT DATA Gross Lot Area: Net Lot Area: Project Density: Parcel A (front lot): Parcel B (rear lot): Access Driveway: Total: Adjacent Land Uses North: South: East: West: 16,487 square feet (.38 acres) 14,131 square feet (.32 acres) 5.3 units per gross acre 6,065 square feet 6,634 square feet 1,432 square feet 14,131 square feet Single Family Residential Single Family Residential Single Family Residential Single Family Residential Staff Report - Planning CUutlllission Meeting of June 22, 2004 PLN2004-000 15 - 1045 Hazel Avenue Page 2 of4 DISCUSSION Applicant's Proposal: The applicant, Mr. Donald Call, is requesting approval of a tentative parcel map (PLN 2004-00015) to allow the division of a parcel into two (2) residential lots at 1045 Hazel Avenue. The proposed lot configuration consists of one standard lot (parcel A) facing Hazel Avenue and one rear flag-lot (parcel B). The property owner intends to retain the existing single-family residence except for a portion on the left side that would be removed to comply with the setback requirements, remove the existing detached garage, and construct a new attached garage on Parcel B. The property owner intends to construct a new single-family residence on Parcel B in the future. Construction of the new residence would not normally require approval of a Site and Architectural Review Permit by the Planning Commission as the property is zoned R-I-6. However, due to the flag lot location and neighbor interest, staff will refer the house to the Planning Commission. Background: The subject property consists of a parcel of land with an existing single-family residence and detached garage that was constructed in approximately 1952. The Community Development Director may approve or deny an application to subdivide lands into four or fewer lots at an Administrative Public Hearing. An Administrative Public Hearing was held on May 24, 2004 to consider the proposed project. Topics discussed at the hearing included fencing, landscaping, privacy impacts, noise, and neighborhood compatibility. Due to the number of concerns raised at the hearing, the Director referred this application to the Planning Commission. Proiect Description: The subject property is located on the north side of Hazel Avenue, west of Craig Avenue and east of Pecan Way. The project is surrounded by single-family residential on the north, south, east, and west. ANALYSIS General Plan Designation: The General Plan land use designation for the project site is Low Density Residential (less than 6 units per gross acre). The proposed map will create two residential lots at a density of 4.7 units per gross acre, which is consistent with the General Plan land use designation. Zoning Designation: The subject property is zoned R-I-6 (Single Family Residential, 6,000 square foot minimum lot size). The R-1-6 Zoning District requires a minimum net lot area of 6,000 square feet, and a minimum lot width of 60 feet for standard lots. Flag lots require a minimum lot area of 6,600 square feet exclusive of a 15- foot wide access way. The two proposed lots satisfy the area, width and frontage standards of the R-1-6 Zoning District and the San Tomas Area Neighborhood Plan. San Tomas Neighborhood: The project site is located in the San Tomas Neighborhood and is subject to the San Tomas Area Neighborhood Plan (STANP). Staff finds that the proposal is consistent with the development standards of the ST ANP. Staff Report - Planning COh...nission Meeting of June 22,2004 PLN2004-000 15 - 1045 Hazel Avenue Page 3 of 4 Subdivision Design: The proposed parcel map creates one standard lot and one flag lot situated at the rear of the site. Section 20.16.030 of the Campbell Municipal Code requires the front and rear lot to meet all requirements of the zoning district within which it is located. However, the rear lot shall have an additional area, which exceeds the lot area requirement by ten percent, exclusive of any access to a public street. Access to the public street for a rear lot shall not be over an easement but over land under the same ownership as that of the rear lot and such access shall have a minimum width of 15 feet. The front lot is required to be a minimum of 6,000 square feet with a minimum lot width of 60 feet. The rear lot is required to be a minimum of 6,600 square feet, exclusive of the required 15- foot wide access driveway. The proposed Tentative Parcel Map indicates Parcel A (front lot) is 6,065 square feet, Parcel B (rear lot) is 6,634 square feet, and the access driveway for Parcel B is 1,432 square feet with a minimum width of 15 feet. The proposed parcel map net lot area for meets the minimum lot size and satisfies the minimum lot width requirements of the R-I-6 Zoning District and the Subdivision and Land Development Ordinance. Street Improvements: The subject property is subject to the street standards of the San Tomas Area Neighborhood Plan (ST ANP). The ST ANP requires curbs, gutters, sidewalks, and streetlights on Hazel A venue. The applicant will be required to install street improvements in front of the subject property. Tree Preservation: The subject property contains several mature trees including oak, cypress, black walnut, and palm trees. There are no immediate plans to remove the trees as a result of the subdivision, except for a 12" Cypress tree that would be removed for the street improvements. During the development review process, the site will be subject to the requirements of the City's Tree Protection Regulations, the San Tomas Area Neighborhood Plan, and Water Efficient Landscape Guidelines. Staff is recommending a Condition of Approval requiring the submittal of a tree inventory and preservation plan prepared by a Licensed Arborist to the Community Development Director prior to the recordation of the final map. Site and Architectural Review Committee: The Site and Architectural Review Committee did not review this application, as there are no architectural plans proposed at this time. Attachments: 1. Recommended Findings for PLN2004-00015 (Tentative Parcel Map) 2. Conditions of Approval for PLN2004-00015 (Tentative Parcel Map) 3. Tentative Parcel Map (Exhibit) 4. Letter from Santa Clara Valley Water District, 04/08/04 5. Letter from Bill Noyes, 06/10/04 6. Letter from Jean Cummings, 06/15/04 7. Neighborhood Petition, 06/15/04 8. Letter from Paul and Sandra Boyer, 06/15/04 9. Location Map Staff Report - Planning Cc,__.!nission Meeting of June 22,2004 PLN2004-000 15 - 1045 Hazel Avenue Prepared by: Approved by: v~Y}ad elinda M. Denis, Planner I Page 4 of 4 FINDINGS FOR RECOMMENDING APPROVAL OF PLN2004-00015 (TENTATIVE PARCEL MAP) SITE ADDRESS: APPLICANT: DATE: 1045 Hazel Avenue Donald Call June 22,2004 Findings for Recommending Approval of a Tentative Parcel Map to allow the division of a parcel into two parcels on property located at 1045 Hazel Avenue. The Community Development finds as follows with regard to File No. PLN2004-000 15: , 1. The proposed project has a density of 5.3 units per gross acre, which is consistent with the General Plan land use designation of Low Density Residential (less than 6 units per gross acre). 2. The proposed map is consistent with the development standards (including lot size and minimum lot width) of the R-I-6 Zoning District and the San Tomas Area Neighborhood Plan. 3. The shape and orientation of the lots facilitates solar access. 4. Each new lot created has adequate access to a public right-of-way. 5. The tentative parcel map has been distributed to local agencies, including Pacific Gas and Electric, West Valley Sanitation District, Santa Clara Valley Transportation Authority, and the Santa Clara Valley Water District. None of these agencies raised any concerns about providing services to the parcels. 6. The project qualifies as a Categorically Exempt project per Section 15315, Class 15 (Minor Land Divisions) of the California Environmental Quality Act (CEQA). Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: I. The proposed tentative parcel map is consistent with the General Plan and Zoning Ordinance. 2. 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 enviroIlinental resources. 3. The design of the tentative parcel map provides, to the extent feasible, for future passive or natural heating and cooling opportunities. 4. The proposed development will aid in the harmonious development of the immediate area. 5. 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. 6. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. RECOMMENDED CONDITIONS OF APPROVAL FOR FILE NO. PLN2004-00015 (TENTATIVE PARCEL MAP) SITE ADDRESS: APPLICANT: DATE: 1045 Hazel Avenue Donald Call June 22, 2004 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. 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 DEPARTMENT Plannine: Division I. Approved Proiect: Approval is granted for a Tentative Parcel Map to allow the division of a parcel into two residential parcels on property located at 1045 Hazel Avenue. The Tentative Parcel Map shall substantially conform to the revised Tentative Parcel Map prepared by Jim Diggins, DeBolt Civil Engineering received on April 21, 2004, except as modified by the Conditions of Approval herein. Tentative map approval is valid for a period of two years from the date of approval and shall expire unless an extension of approval is granted. 2. Final Parcel Map: This Tentative Parcel Map approval is contingent upon approval of the final parcel map to divide the subject property. The final parcel map shall be approved and recorded prior to issuance of building permits. 3. Park hnpact Fee: A park impact fee of $10,990 for one new unit developed at a density range of less than 6 units per gross acre, or the fee in effect at the time of occupancy, is due upon development of the site. Prior to recordation of the final parcel map, 75% of this fee is due. The remaining 25% is due prior to issuance of a certificate of building occupancy. 4. Tree Preservation: Prior to final map approval, the applicant shall submit a tree inventory and preservation plan for review and approval by the Community Development Director. A mitigation plan shall be included with the tree report for all trees over twelve inches in diameter that will be removed. Any trees designated for removal shall be replaced with a similar 24" box tree at a I: I ratio. If the infill of the lots sufficiently changes the existing grade of the lots, tree protection measures must be identified in the report to preserve existing trees during and after grading and construction. 5. Deed Restriction: Applicant shall record a deed restriction that stipulates that the rear lot (Parcel B) shall receive Site and Architectural Review approval by the Planning Commission prior to construction of a new home. .-.... Page 2 of3 6. Property Maintenance: The property is to be maintained free of any combustible trash, debris and weeds until the time that actual construction commences. All existing structures shall be secured by having windows boarded up and doors sealed shut, or be demolished or removed from the property. PUBLIC WORKS DEPARTMENT 7. Parcel Map: Prior to issuance of any building permits for the project, the applicant shall submit a parcel map for recordation upon approval by the City. The current plan check fee is $2,400 plus $35 per parcel. 8. Preliminary Title Report: Upon submittal of the tentative map, the applicant shall provide a current Preliminary Title Report. 9. Right-of-Wav for Public Street Purposes: Upon recordation of the parcel map, the applicant shall cause additional right-of-way to be granted for public street purposes along the Hazel Avenue frontage to accommodate a 30 foot half street. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 10. Monumentation for Parcel Map: Prior to recordation of the parcel map, the applicant shall provide security for setting all monuments shown on the map. II. Street Improvements: Prior to recordation of the parcel map, the applicant shall execute a street improvement agreement, cause plans for public street improvements to be prepared by a registered civil engineer, pay various fees and deposits, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City Engineer. The plans shall include the following: a. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway approaches. Each parcel is to have a separate driveway approach. b. Installation of City approved street trees at 40 feet on center. c. Installation of streetlights, conduits, conductors and related facilities in accordance with the City of Campbell's Street Lighting Policies. d. Installation of full pavement section to conform to existing pavement, as required by the City Engineer. e. Construction of traffic control, stripes and signs. f. Construction of conforms to existing public and private improvements, as necessary. 12. Occupancy: Prior to allowing occupancy for any and/or all buildings, the applicant shall have the required Street Improvements installed and accepted by the City. 13. Water Meter(s) and Sewer Cleanout(s): Proposed water meter(s) and sewer cleanout(s) shall be installed on private property behind the public right-of-way line. ~ Page 3 of3 14. Soils Report: Prior to issuance of any grading or building permits for the site, applicant shall provide a soils report prepared by a registered geotechnical or civil engineer. 15. 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. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. 16. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. Streets that have been resurfaced within the previous five years will require boring and jacking for all new utility installations. Applicant shall also prepare pavement restoration plans for approval by the City Engineer prior to any utility installation or abandonment. . 17. Grading and Drainage Plan: Prior to issuance of any grading or building permits for the site, the applicant shall conduct hydrology studies based on a ten-year storm frequency, prepare an engineered grading and drainage plan, and pay fees required to obtain necessary grading permits. The plans shall comply with the 1998 edition of the California Building Code including Chapters 10, 11, 18,33, and Appendix Chapter 33. 18. Storm Drain Area Fee: Prior to recordation of the parcel map, the applicant shall pay the required Storm Drain Area fee of$2,000.00 per net acre, which is $647.00. 19. Santa Clara Vallev Water District (SCVWD): Prior to issuance of any permits for grading, landscaping, or building or the recordation of the parcel map, the applicant shall obtain a clearance from the SCVWD. (see SCVWD April 8, 2004 letter) 20. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding stormwater pollution prevention. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay. Resources to achieve these objectives include Storm water Best Management Practices Handbook for New Development and Redevelopment ("CA BMP Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for Storm water Quality Protection ("Start at the Source") by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Storm water Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. , 21. Demolition: Prior to recording of the parcel map the applicant shall obtain a demolition permit and remove any nonconforming structures.