Mod to Conditions for PM - 2007To: Paul Kermoyan, Planning Manager Date: January 8, 2010
From: Anne Bybee, City Clerk
Subject: Exception to Street Improvement Requirements (PLN2009-129) on Property
Located at 1670 Grace Avenue and 1830 E. Hamilton Avenue
At its regular meeting of January 5, 2010, the City Council adopted Resolution 11111,
incorporating Findings, and approving a Modification to a previously approved Tentative
Parcel Map (PLN2007-102) for an exception to a street improvement requirement to
enter into a deferred street improvement agreement for the frontages of 1830 E.
Hamilton Avenue. A certified copy of Resolution 11111 is attached, in addition to a
copy of a letter notifying the applicant of the City Council's action.
City Cierk's Office
January 8, 2010
Ms. Lucille Tersigni
Tersigni Family LP
1830 Hamilton Avenue
San Jose, CA 95125
Dear Ms. Tersigni:
At its regular meeting of January 5, 2010, thef TerspbelFamt ly, LPn forhandexceptioln
hearing to consider your application, on behalf o g roved Tentative
to street improvement requirements (PLN2009-129) to a previously app
Parcel Map (PLN2007-102) that allows a two loUeua ddv1830 E H m t n Avendue ratan
Tersigni Family LP located at 1670 Grace Aven
R-1-6 (Single-Family Residential) and a P-O (Professional Office) Zone District.
After due consideration, the City Council adopted Reso0ved Tentat venParpel Map
Findings, and approving a Modification to a previously app
(PLN2007-102) for an exception to a stfoee~~e Pont ges of 830 EeHamilton Aven~e
deferred street improvement agreement
A certified copy of Resolution 11111 is attached for your record.
Please be advised the time within which judici Code of CivihlProcedure,uun ess another
governed by Section 1094.6 of the California
statute (such as California Government Code Section 65009 or some other applicable
provision of law) sets forth a more specific time period.
Please do not hesitate to contact this office (866-2117) or the Community Development
Department (866-2140), should you have any questions regarding the City Council's
action.
Sincerely,
Anne Bybee
City Clerk
RESOLUTION NO. 11111
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL GRANTING AN EXCEPTION TO ALLOW A
DEFERRED STREET IMPROVEMENT AGREEMENT (PLN2009-
129) FORA PREVIOUSLY APPROVED TENTATIVE PARCEL
MAP (PLN2007-102) THAT ALLOWED A TWO LOT SUBDIVISION
ON PROPERTY OWNED BY THE TERSIGNI FAMILY LP
LOCATED AT 1670 GRACE AVENUE AND 1830 HAMILTON
AVENUE IN AN R-1-6 (SINGLE-FAMILY RESIDENTIAL) AND P-O
(PROFESSIONAL OFFICE) ZONING DISTRICT. APPLICATION
OF MS. LUCILLE TERSIGNI, ON BEHALF OF THE TERSIGNI
FAMILY LP. FILE NO. PLN2009-129.
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 PLN2009-129.
Environmental Findin
1. The project qualifies as a Categorically Exempt project per Section 15315 of the
California Environment Quality Act (CEQA), pertaining to minor land subdivisions.
Evidentiary Findings
2. The City Council adopted Resolutions No. 10815 approving a Tentative Parcel Map
(PLN 2007-102), allowing the creation of two lots. A .4 acre site accommodating two
existing office buildings along Hamilton Avenue and a .22 acre residential lot taking
access from Grace Ave.
3. The applicant intends to retain the existing single story office buildings and parking lot
on the northerly .4 acre portion of the site. No changes are proposed on the northern
portion of the property that is designated as Professional Office.
4. The subject property is classified by the City of Campbell Zoning Map as P-O
(Professional Office) and R-1-6 (Single-family Residential).
5. The project site abuts single residential uses to the west and south, and office uses to
the east and north.
THE FOREGOING INSTfSiIMENT fS A TRUE
AND CORRECT COFY O' TH'_ ORIGINAL
ON FILE IN THIS OFFICE.
ATTEST: ANNE BYBEE CfTv CLERK
CIWOF CAMPEEtYCA
BY ~ /`~/ r,~/ s~
City Council Resolution
PLN2009-129 - 1670 Grace Avenue & 1830 Hamilton Avenue
Granting an Exception to allow a Deferred Street Improvement Agreement
Page 2
Exception Findings (CMC ~ 11.24.180)
6. That there are special circumstances and conditions affecting subject property. The
applicant is seeking approval of a Tentative Parcel Map to allow the reconstruction of a
residence on the southerly .22 acre portion of the parcel. The current parcel was
created by combining three parcels in 1989 in anticipation of constructing a two story
office building on the .62 acre site which was never built. The parcel is approved for
the proposed subdivision of two lots with asingle-family residence on one lot and a
commercial development on the second. Public street improvements will be required
for redevelopment of the residential property (which will occur shortly) and street
improvements will remain required on the commercially developed parcel, per City
Ordinance, once a development application is submitted to develop that site; and
7. The exception is necessary for the preservation and enjoyment of a substantial
property right of the developer in that the purpose of Chapter 11.24 is to require public
improvements once an application is submitted for development of the parcel; and,
8. The granting of the exception will not be detrimental to the public welfare, or injurious
to other property in the territory in which said property is situated in that the applicant
will be required to install street improvements along the frontage of the residential
parcel on Grace consistent with the City's Ordinance. Future development of the
commercial property along Hamilton Avenue will be required, per Ordinance, once that
site is developed. Because both properties will comply with the intent of the City's
Ordinance pertaining to street improvement requirements, granting the exception will
not be detrimental to the public welfare or injurious to other properties.
Based upon the foregoing findings of fact and pursuant to CMC § 11.24.180 B, the City
Council further recommends that:
1. Granting an exception shall secure substantially the objectives of the regulations to
which exceptions are requested, and shall act to protect the public health, safety,
convenience and general welfare in that the required public street improvements will
accompany future site development of each parcel;
2. The authorization of any exception under the provisions of this section, the planning
commission shall report to the city council its findings with respect thereto, and all facts
in connection therewith, and shall specifically and fully set forth the exceptions
recommended and the conditions designated.
THEREFORE, BE IT RESOLVED that the City Council grants an exception to allow a
deferred street improvement agreement (PLN2009-129) for a previously approved
Tentative Parcel Map (PLN2007-102) that allowed a two lot subdivision on property owned
by the Tersigni Family LP located at 1670 Grace Avenue and 1830 Hamilton Avenue in
an R-1-6 (Single Family Residential) and P-O (Professional Office) Zoning District.
City Council Resolution
PLN2009-129 - 1670 Grace Avenue & 1830 Hamilton Avenue
Granting an Exception to allow a Deferred Street Improvement Agreement
Page 3
PASSED AND ADOPTED this 5th day of January , 2010, by the following roll
call vote:
AYES: COUNCILMEMBERS: xotowski, xennedy, Furtado, Baker, Low
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None -,
-- -
APPROVED:
,,-; Evan Low, Mayor
f,
< ~ 'y~
ATTEST: L~"`~.' .r ,;'~--
Anne Bybee, City Clerk