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October 4, 2007 c;t~ clerks off;~e
Mr. Marvin Bamburg, AIA
1176 Lincoln Avenue
San Jose, CA 95125
Dear Mr. Bamburg:
At the regular meeting of October 2, 2007, the Campbell City Council gave second reading to
the following Ordinances:
1. Ordinance 2090 approving a General Plan Amendment from Professional Office to
Low Density Residential (PLN2007-100) for the southerly .22 acre portion of a .62
acre parcel for property located at 1670 Grace Avenue.
2. Ordinance 2091 approving a Zone Change (PLN2007-101) from P-O (Professional
Office) to R-1-6 (Single Family Residential) for the southerly .22 acre portion of a .62
acre parcel on property owned by the Tersini Family, LP and located at 1670 Grace
Avenue.
A certified copy of Ordinance 2090 and 2091 are enclosed for your record. Both ordinances
will become effective thirty (30) days from date of adoption.
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.
Should you have any questions in regard to the City Council's action, please do not hesitate
to contact this office (866-2117) or Tim Haley, Associate Planner, Community Development
Department.
Sincerely,
-, ~
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`"Anne Bybee
City Clerk
cc: Tersini Family, LP, c/o LMT Properties, 1830 Hamilton Avenue, San Jose, CA 95125
~'"~'m Haley, Associate Planner, Community Development Department
ORDINANCE NO. 2090
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CAMPBELL APPROVING AN AMENDMENT TO THE
CAMPBELL GENERAL PLAN LAND USE MAP WITH A
GENERAL PLAN AMENDMENT (PLN2007-100) FOR THE
SOUTHERLY .22 ACRE PORTION OF A .62 ACRE PARCEL
FROM PROFESSIONAL OFFICE TO LOW-DENSITY
RESIDENTIAL (LESS THAN 6 UNITS PER GROSS ACRE)
FOR PROPERTY OWNED BY TERSINI FAMILY, LP,
LOCATED AT 1670 GRACE AVENUE.
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 of the City of
Campbell does ordain as follows:
SECTION ONE: That this Ordinance be adopted to approve an amendment to
the Campbell General Plan Land Use Map for the southerly .22 acre portion of a
.62 acre parcel from Professional Office to Low-Density Residential (Less than 6
units per gross acre) for property owned by Tersini Family, LP, located at 1670
Grace Avenue (attached Exhibit A).
SECTION TWO: This Ordinance shall become effective thirty (30) days following
its passage and adoption and shall be published, one time within fifteen (15)
days upon passage and adoption in the Campbell Express, a newspaper of
general circulation in the City of Campbell, County of Santa Clara.
PASSED AND ADOPTED this
following roll call vote:
day of
2007, by the
AYES: COUNCILMEMBERS: xennedy, Hernandez, Low, surr, F'urtado
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
APPROVED:
Daniel E. Furtado, yor
ATTEST:
nne Bybee, City Clerk
,. ~r,~ ~s~~,.;;t
.__, G`7TV Ct.ERi~ q7Y
2nd October
ORDINANCE NO. 2091
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CAMPBELL APPROVING A ZONE CHANGE
(PLN2007-101) FROM P-O (PROFESSIONAL OFFICE) TO
R-1-6 (SINGLE FAMILY RESIDENTIAL) FOR THE
SOUTHERLY .22 ACRE PORTION OF A .62 ACRE PARCEL
ON PROPERTY OWNED BY TERSINI FAMILY, LP,
LOCATED AT 1670 GRACE AVENUE.
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 of the City of
Campbell does ordain as follows:
SECTION ONE: That this Ordinance be adopted to approve a Zone Change from P-O
(Professional Office) to R-1-6 (Single Family Residential) for property located at 1670
Grace Avenue (attached Exhibit A).
SECTION TWO: This Ordinance shall become effective thirty (30) days following its
passage and adoption and shall be published, one time within fifteen (15) days upon
passage and adoption in the Campbell Express, a newspaper of general circulation in
the City of Campbell, County of Santa Clara.
PASSED AND ADOPTED this 2nd
call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
day of October , 2007, by the following roll
Kennedy, Hernandez, Low, Burr, Furtado
None
None
None
APPROVED
ATTEST:
Anne Bybee, City Clerk
Daniel E. Fu ado, Ma or
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CITY of CAMPBELL
City Clerk's Office
September 20, 2007
Mr. Marvin Bamburg, AIA
1176 Lincoln Avenue
San Jose, CA 95125
Dear Mr. Bamburg:
At the regular meeting of September 18, 2007, the City Council held a public hearing to
consider your application, on behalf of the Tersini Family, LP, for a General Plan Amendment
(PLN 2007-100) to the Land Use Element of the General Plan for the southerly .22 acre
portion of a .62 acre parcel from Professional Office to Low-Density Residential (less than 6
units per gross acre); a Zone Change (PLN 2007-101) from P-O (Professional Office) to R-1-6
(Single Family Residential); and a Tentative Parcel Map (PLN 2007-102) to subdivide the
property into two lots, on property owned by the Tersini Family, LP, located at 1670 Grace
Avenue.
After hearing public input, and following City Council discussion and deliberation, the
Campbell City Council took action as follows:
Adopted Resolution No. 10814 adopting a Negative Declaration for the project
proposed for 1670 Grace Avenue. A certified copy of this Resolution is attached for
your records.
2. Gave first reading to Ordinance No. 2090 approving an amendment to the Campbell
General Plan Land Use Map with a General Plan Amendment (PLN 2007-100) for the
southerly .22 acre portion of a .62 acre parcel from Professional Office to Low-Density
Residential (less than 6 units per gross acre) for property located at 1670 Grace
Avenue, incorporating Findings and subject to the Conditions of Approval. Second
reading and final adoption of this Ordinance will be scheduled for the regular City
Council meeting of October 2, 2007. A certified copy of the Ordinance will be
forwarded. to you after this meeting.
Continued ...
70 North First Street Campbell, California 9 5008-1 4 36 ~ Tee 408.866.21 17 Fnx 408.374.6889 TAD 408.866.2790
Page 2 - 1670 Grace Avenue -Tersini Family, LP ...
3. Gave first reading to Ordinance No. 2091 approving a Zone Change (PLN 2007-101)
from P-O (Professional Office) to R-1-6 (Single Family Residential) for the southerly
.22 acre portion of a .62 acre parcel on property owned by the Tersini Family, LP and
located at 1670 Grace Avenue, incorporating Findings and subject to the Conditions of
Approval. Second reading and final adoption of this Ordinance will be scheduled for
the regular City Council meeting of October 2, 2007. A certified copy of the
Ordinance will be forwarded to you after this meeting.
4. Adopted Resolution No. 10815 approving a Tentative Parcel Map (PLN 2007-102) to
subdivide a .62 acre parcel into two lots on property owned by Tersini Family, LP,
located at 1670 Grace Avenue, incorporating Findings and subject to the Conditions of
Approval. A certified copy of this Resolution is attached 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.
Should you have any questions in regard to the City Council's action, please do not hesitate to
contact this office (866-2117) or Tim Haley, Associate Planner, Community Development
Department.
Sincerely,
~~ ~~~
,-
`Anne Bybee
City Clerk
cc. Tersini Family, LP, c/o LMT Properties, 1830 Hamilton Ave., San Jose, CA 95125
Tim Haley, Associate Planner, Community Development Department
MEMORANDUM
To: Tim Haley
Associate Planner, Community Development Dept.
From: Anne Bybee
City Clerk
Date: September 19, 2007
Subject: General Plan Amendment, Zone Change, and Tentative Subdivision Map
- 16 70 Grace Avenue -Ter sini Family, LP
At the regular meeting of September 18, 2007 the City Council held a public hearing to
consider the application of Mr. Marvin Bamburg for a General Plan Amendment (PLN
2007-100) to the Land Use Element of the General Plan for the southerly .22 acre
portion of a .62 acre parcel from Professional Office to Low-Density Residential (less
than 6 units per gross acre); a Zone Change (PLN 2007-101) from P-O (Professional
Office) to R-1-6 (Single Family Residential) and a Tentative Parcel Map (PLN 2007-
102) to subdivide the property into two lots, on property owned by Tersini Family, LP,
located at 1670 Grace Avenue.
After hearing public input and following City Council discussion and deliberation, the
City Council took action as follows:
Adopted Resolution No. 10814 adopting a Negative Declaration for the project
proposed for 1670 Grace Avenue.
2. Gave first reading to Ordinance No. 2090 approving an amendment to the
Campbell General Plan Land Use Map with a General Plan Amendment (PLN
2007-100) for the southerly .22 acre portion of a .62 acre parcel from
Professional Office to Low-Density residential (less than 6 units per gross acre)
for property located at 1670 Grace Avenue. Second reading of Ordinance 2090
will be scheduled for the regular City Council meeting of October 2, 2007.
3. Gave first reading to Ordinance No. 2091 approving a Zone Change (PLN
2007-101) from P-O (Professional Office) to R-1-6 (Single Family Residential)
for the southerly .22 acre portion of a .62 acre parcel on property owned by
Tersini Family, LP and located at 1670 Grace Avenue. Second reading of
Ordinance 2091 will be scheduled for the regular City Council meeting of
October 2, 2007.
Continued - Page 2 - 1670 Grace Avenue - T ersini Family, LP
4. Adopted Resolution No. 10815 approving a Tentative Parcel Map (PLN 2007-
102) to subdivide a .62 acre parcel into two lots on property owned by Tersini
Family, LP, located at 1670 Grace Avenue in a P-O (Professional Office)
Zoning District.
Please find certified copy of Resolution 10814 and 10815 attached for your records,
together with a copy of the letter written to Mr. Bamburg in follow up to the City
Council's action.
Certified copies of the above mentioned Ordinances will be forwarded to you following
the regular City Council meeting of October 2, 2007.
Attachment:
RESOLUTION NO. losl4
BEING A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CAMPBELL ADOPTING A NEGATIVE
DECLARATION FOR THE PROJECT PROPOSED FOR
1670 GRACE AVENUE. APPLICATION OF MR. MARVIN
BAMBURG. FILE NO.: PLN2007-100/101/102
After notification and public hearing, as specified by law, and after presentation
by the Community Development Director, proponents and opponents, the City
Council did determine that the adoption of a Negative Declaration provides full
and adequate environmental review for Approval of a General Plan Amendment
(PLN2007-100), Zone Change (PLN2007-101) and Tentative Parcel Map
(PLN2007-102) to subdivide the property into two lots.
The City Council finds as follows:
An Initial Study has been prepared for this Project, which provides
documentation for the factual basis for concluding that a Negative Declaration
may be adopted since no substantial evidence exists, in light of the whole
record, that the project may have a significant effect on the environment. The
project consists of the creation of asingle-family lot of .22 acres.
2. A Negative Declaration that describes the reasons that the Project will not
have a significant effect on the environment and therefore does not require
the preparation of an Environmental Impact Report was prepared pursuant to
Section 15071 of the California Environmental Quality Act Guidelines.
3. There are no responsible agencies or trustee agencies responsible for
resources affected by this project.
4. The City of Campbell provided a Notice of Intent to adopt a Negative
Declaration to the public via the Campbell Express and the County Clerk.
5. The City of Campbell provided a 20-day public review period of the Mitigated
Negative Declaration pursuant to Section 15073 of the California
Environmental Quality Act Guidelines. The 20-day public review period for the
draft Mitigated Negative Declaration was between August 6, 2007 and August
26, 2007. No comments were received.
6. The mitigation measures address potential short-term air quality impacts
associated with construction, paleontological or archaeological resources that
might be encountered during project construction, strong seismic ground
shaking associated with potential geologic conditions, and potential noise
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City Council Resolution
PLN2007-100/101/102 - 1670 Grace Avenue - Adopting a Negative Declaration
Page 2
impacts during at project construction, potential noise and vibration due to
Light Rail right-of-way. The mitigation measures are included as Conditions of
Approval of the Planned Development Permit and Tentative Subdivision Map.
7. The Planning Commission hereby finds and determines that the Negative
Declaration reflects the independent judgment of the Planning Commission.
Based upon the foregoing findings of fact, the City Council further finds and
concludes that:
1. 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.
2. The Custodian of the Record for this Mitigated Negative Declaration and
Initial Study is the City Clerk of the City of Campbell, located at 70 North First
Street, Campbell, California.
PASSED AND ADOPTED this lath day of september 2007, by the
following roll call vote:
AYES: COUNCILMEMBERS: xennedy, xernandez, Low, Burr, Furtado
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
APPROVED:
Daniel E. Furtado, Mayor
ATTEST:
A ne Bybee, City Clerk
RESOLUTION NO. 10815
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING A TENTATIVE PARCEL MAP (PLN2007-
102) TO SUBDIVIDE A .62 ACRE- PARCEL INTO TWO LOTS ON
PROPERTY OWNED BY TERSINI FAMILY, LP, LOCATED AT 1670
GRACE AVENUE IN A P-O (PROFESSIONAL OFFICE) ZONING
DISTRICT. APPLICATION OF MR. MARVIN BAMBURG. FILE NO:
PLN2007-102.
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
The City Council finds as follows with regard to File No. PLN2007-102:
1. The proposed creation of a residential lot at a density of 3.9 units per gross acre is
consistent with the Low Density Residential (less than 6 units per gross acre)
General Plan land use designation for the property.
2. The proposed Tentative Parcel Map is consistent with the R-1-6 Zoning Ordinance
standards.
3. The Tentative Parcel Map has been distributed to local agencies, including Pacific
Gas and Electric, and West Valley Sanitation District. None of these agencies raised
any concerns about providing services to the proposed lots.
4. The proposed project, to the extent feasible, includes provisions for access to
natural air and light for all of the units.
5. A Negative Declaration has been prepared for this project concluding that there are
no significant unmitigated impacts associated with this project, pursuant to 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 of the City.
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.
THEREFORE, BE IT RESOLVED that the City Council approves a Tentative Parcel
Map (PLN2007-102) to subdivide a .62 acre parcel into two lots on property owned by
Tersini Family, LP, located at 1670 Grace Avenue IN a P-O Professional Office
Zoning District. rFf_ a:~.~:~::et;~~: s:~«;'~„~..:aap ;:~ ~a r,~~
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City Council Resoiutior~
PLN2007-10~ - 1670 Grace .venue -Tentative Farce! Map
Page 2
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
Planning Division:
1. Approved Project: Approval for a Tentative Parcel Map to create one residential lot
(.22 acres) and one professional office lot (.4 acres) on properties located at 1830
Hamilton Avenue and 1670 Grace Avenue. The site design and subdivision design
shall substantially conform to the project exhibits listed below, except as may be
modified by the conditions of approval herein:
a. Tentative Parcel Map prepared by Nelsen Engineering, dated January 2006.
2. Approval Expiration: The Tentative Parcel Map approval is valid for a period of two
years from the date of final approval, unless an extension is granted prior to the
expiration date.
PUBLIC WORKS
3. Parcel Map: Prior to issuance of any grading or building permits for the project, the
applicant shall submit a parcel map for recordation upon approval by the City, pay
various fees/deposits and submit the map in a digital format acceptable to the City.
4. Preliminary Title Report: Upon submittal of the parcel map, the applicant shall
provide a current (within the past 6 months) Preliminary Title Report.
5. Monumentation for Parcel Map: Prior to recordation of the parcel map, the applicant
shall provide a cash deposit for setting all monuments shown on the map.
Monuments shall be set per section 20.76.010 of the Campbell Municipal Code.
6. Storm Drain Area Fee: Prior to recordation of the parcel map, the applicant shall
pay the required Storm Drain Area fee, currently set at $2,650 per net acre, which is
$1,643.
7. Deferred Street Improvement Agreement: Prior to recordation of the parcel map, the
owner shall execute a deferred street improvement agreement for construction of
standard street improvements along the E. Hamilton Avenue frontage. These
improvements shall include, but are not limited to, removal and replacement of curb,
%Itj% CUuncli RESOIUtiUt"~
P! N200?-10? - 1676 Grace /wenu~ -Tentative Parcel Niap
Fage 3
gutter, sidewalk and installation of street trees and necessary conforms to existing
improvements. Due to the characteristic of this neighborhood, the required
streetscape standards along the E. Hamilton Avenue frontage are not
recommended. Staff recommends deferring the E. Hamilton Avenue street
improvements until staff can evaluate an appropriate streetscape alternative.
Additionally, the applicant would be required to install alternative streetscape
improvements along the E. Hamilton Avenue frontage should the existing
commercial site (1830 & 1836 E. Hamilton Ave.) require any building permit, use
permit, planned development permit, or architectural site approval from the City.
8. 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, unless otherwise approved
by the City Engineer:
Grace Avenue
a. Show location of all existing utilities within the new and existing public right of
way.
b. Relocation of all existing utilities including utility boxes, covers, poles, etc. outside
of sidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk
area.
c. Removal of existing sidewalk, curb and gutter at 1670 Grace.
d. Removal, or modification approved by the City Engineer, of existing driveway
along the Grace Avenue frontage of 1836 E. Hamilton Avenue.
e. Installation of City approved street trees at 20 feet on center.
f. Installation of City standard curb, gutter, and sidewalk and ADA compliant
driveway approaches.
g. Installation of streetlights, conduits, conductors and related facilities in
accordance with the City of Campbell's Street Lighting Policies, unless otherwise
approved by the City Engineer.
h. Installation of traffic control, stripes and signs.
i. Construction of conforms to existing public and private improvements, as
necessary.
j. Submit final plans in a digital format acceptable to the City
9. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and
sewer cleanout(s) shall be relocated or installed on private property behind the
public right-of-way line.
Gity ~ouncii Resolution
PLN2007-10~ - 1670 Grace Avenue -Tentative Parce( Map
Page 4
10.Additional Street Improvements: Should it be discovered after the approval process
that new utility main lines, extra utility work or other work is required to service the
development, and should those facilities or other work affect any public
improvements, the City may add conditions to the development/project/permit, at the
discretion of the City Engineer, to restore pavement or other public improvements to
the satisfaction of the City.
PASSED AND ADOPTED this day of
call vote:
2007, by the following roll
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
APPROVED:
Daniel E. Furt do, Mayor
d~
ATTEST: ~
Anne Bybee, City Clerk