PC Res 4105RESOLUTION NO. 4105
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A TENTATIVE PARCEL
MAP AND A VARIANCE (PLN2013-47) FOR ATWO-LOT SINGLE-
FAMILY RESIDENTIAL SUBDIVISION ON PROPERTY LOCATED
AT 1315 BURROWS ROAD.
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 PLN2013-47:
The project site is a 31,364 square-foot single-family residential parcel developed with
a 1,164 square-foot single-family residence.
2. The project site is zoned R-1-10 (Single-Family Residential), subject to the San Tomas
Area Neighborhood Plan, with a Low Density Residential (less than 3.5 units/gr. acre)
General Plan Land Use designation.
3. The project is a Tentative Parcel Map to allow atwo-lot single-family residential
subdivision in a "flag-lot" configuration with a Variance to allow a reduction in the
minimum access width as required by CMC 20.16.030(3) and public frontage widths as
required by CMC 21.08.030.E, Table 2-3.
4. The project would result in the creation of two 15,682 square-foot parcels that conform
to the minimum lot size and minimum lot width of the R-1-10 Zoning District.
5. The project site has a width of 92.37-feet which is 2.63-feet too narrow to allow a
subdivision in compliance with both the minimum 80-foot lot width and the minimum 15-
foot access way and public frontage requirements.
6. The relative narrowness of the project site represents an exceptional or extraordinary
circumstance because it precludes a minor subdivision of the property.
7. The inability to subdivide the project site restricts the economic enjoyment of the
property, resulting in an unnecessary hardship.
8. 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 proposed lots. Specific comments from local
agencies have been incorporated as Conditions of Approval.
Planning Commission Resolution No.4105
PLN2013-47 - 1315 Burrows Road -Tentative Parcel Map and a Variance
Page 2
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The proposed Tentative Parcel Map is consistent with the General Plan.
2. With approval of a Variance, the proposed Tentative Parcel Map is consistent with the
Zoning and Subdivision Ordinances.
3. The proposed development will aid in the harmonious development of the immediate
area.
4. There is a reasonable relationship between the use of the fees imposed upon the
project and the type of development project.
5. The strict or literal interpretations and enforcement of the specified regulation(s) would
result in a practical difficulty inconsistent with the objectives of the Zoning Code.
6. There are exceptional or extraordinary circumstances or conditions applicable to the
subject property (i.e. size, shape, topography) which do not apply generally to other
properties classified in the same zoning district.
7. The strict or literal interpretations and enforcement of the specified regulation(s) would
deprive the applicant of privileges enjoyed by the owners of other properties classified
in the same zoning district.
8. The granting of the Variance will not constitute a grant of special privileges inconsistent
with the limitations on other properties classified in the same zoning district.
9. The granting of the Variance will not be detrimental to the public health, safety, or
welfare, or materially injurious to properties or improvements in the area.
THEREFORE, BE IT RESOLVED that the Planning Commission approves a Tentative
Parcel Map and Variance (PLN2013-47) for atwo-lot single-family residential subdivision
on property located at 1315 Burrows Road.
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.
Planning Commission Resolution No.4105
PLN2013-47 - 1315 Burrows Road -Tentative Parcel Map and a Variance
Page 3
COMMUNITY DEVELOPMENT DEPARTMENT
1. Approved Project: Approval is granted for a Tentative Parcel Map and a Variance
(PLN2013-47) to allow the division of one residential parcel into two, with a
substandard access way to the rear lot, on property located at 1315 Burrows Road.
The Final Parcel Map shall substantially conform to the revised Tentative Parcel Map
prepared SANDIS and dated as received by the Planning Division on April 17, 2013,
except as may be modified by the conditions of approval herein and the following
revision(s):
a. Elimination of the 2.37-foot wide 'Driveway Easement for Ingress and Egress'
2. Parcel Map Expiration: The Tentative Parcel Map and Variance application approval is
valid for a period of two (2) years from the effective date of approval. By this time the
Final Map must be recorded.
3. Park Impact Fee: A park impact fee is due upon development of the site, based on the
development density of less than 6 units per gross acre. 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. The fee is currently set at $16,770 per lot, less a
credit for the existing single-family residence. This fee is subject to change and the fee
in effect at the time of payment shall be the fee due.
4. Site and Architectural Review Permit Required: In compliance with the San Tomas
Area Neighborhood Plan, construction of a new residence on Parcel 2 (rear lot) shall
require approval of a Site and Architectural Review Permit.
5. Undergrounding of Utilities: In compliance with CMC 21.18.140, all existing overhead
utilities (electrical, telephone, cable, etc.) serving the existing residence shall be
replaced with underground service, prior to Parcel Map recordation. Applicant shall
comply with all plan submittals, permitting, and fee requirements of the serving utility
companies.
6. Other Agency Requirements: If additional requirements from local agencies are
received prior to application of the Final Parcel Map, they shall be considered required
for submittal.
7. Landscaping Restriction: Concurrent with recordation of the Parcel Map, the applicant
shall record a deed restriction for Parcel 1 that shall require a portion of land parallel to
the access way of Parcel 2 to remain landscaped and unfenced in perpetuity. The
width of this portion of land shall be 2.63 feet towards the rear of the property,
increasing to 5 feet at the point where the access way is reduced width to 10-feet. The
applicant shall prepare an exhibit depicting the landscaping area that will be attached
to the deed restriction.
Planning Commission Resolution No.4105
PLN2013-47 - 1315 Burrows Road -Tentative Parcel Map and a Variance
Page 4
8. Front Yard Landscaping and Driveway: Prior to the recordation of the Parcel Map, the
following improvements shall be installed for the existing residence on new Parcel 1:
(1) front yard landscaping in compliance with CMC 21.26; (2) a solid paved (concrete
or pavers) "horseshoe" driveway in compliance with CMC 21.28; and (3) landscaping
and fencing in compliance with Condition of Approval No. 7. The applicant shall
prepare a landscaping and paving plan for review and approval of the Community
Development Director prior to installation.
9. Future Lot-Line Adjustment: If a new house is constructed on new Parcel 1, owners of
new Parcel 1 and Parcel 2 shall jointly execute alot-line adjustment to increase the 10-
foot portion of the access way to 12.37 feet in width. The owner of Parcel 2 shall bear
no responsibility to provide remuneration to the owner of Parcel 1 for the transfer of
property. A notice of obligation documenting this requirement shall be recorded on both
parcels concurrent with recordation of the Parcel Map.
10. Future Improvement Obligation: If a new house is constructed on new Parcel 1, the
owner shall be required to remove and replace the existing driveway approach as
necessary to provide direct vehicular access into Parcel 2. Relocation of the existing
storm drain inlet and all associated improvements as determined by the Public Works
Department shall also be required. A deed restriction documenting this requirement
shall be recorded with new Parcel 1 concurrent with recordation of the Parcel Map.
PUBLIC WORKS DEPARTMENT
11. 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.
12. Preliminary Title Report: Upon submittal of the parcel map, the applicant shall provide
a current (within the past 6 months) Preliminary Title Report.
13. 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.
14. Storm Drain Area Fee: Prior to recordation of the parcel map, the applicant shall pay
the required Storm Drain Area fee, currently set at $2,120 per net acre, which is
$1,562.
15. Street Improvements: The Tentative Parcel Map submitted April 17, 2013, dated
February 11, 2013, showing revision number three dated April 17, 2013, identifies a
"driveway easement for ingress and egress" over Parcel 1 for the benefit of Parcel 2.
This easement flares at the easterly property boundary of Parcel 1. Outlined below are
two sets of street improvement conditions that pertain to whether this proposed
easement would or would not be approved by the decision making body.
Planning Commission Resolution No.4105
PLN2013-47 - 1315 Burrows Road -Tentative Parcel Map and a Variance
Page 5
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:
a. Show location of all existing utilities within the new and existing public right of way.
b. Installation of asphalt concrete overlay per street pavement restoration plan for
utility installation and/or abandonment, as required by the City Engineer.
c. Construction of conforms to existing public and private improvements, as
necessary.
16. Maintenance of Landscaping: Owner(s), current and future, are required to maintain
the landscaped park strip and tree wells in the public right of way. This includes, but is
not limited to: trees, lawn, plantings, irrigation, etc. Trees shall not be pruned in a
manner that would not allow the tree to grow to a mature height.
17. 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.
18. Stormwater Pollution Prevention Measures: Prior to issuance of any encroachment
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 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 Stormwater 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.
WEST VALLEY SANITATION DISTRICT
19. Existing Sewer Lateral: The existing sewer later to the existing structure shall be
abandoned. Two new sewer laterals, one serving each of the new parcels, shall be
constructed per WVSD standards.
Planning Commission Resolution No.4105
PLN2013-47 - 1315 Burrows Road -Tentative Parcel Map and a Variance
Page 6
20. Fees Due: All pertinent fees shall be paid to the WVSD prior to recordation of the Final
Map.
PASSED AND ADOPTED this 11 t" day of June, 2013, by the following roll call vote:
AYES: Commissioners: Brennan, Finch, Resnikoff, Reynolds and Roseberry
NOES: Commissioners: None
ABSENT: Commissioners Gibbons and Razumich
ABSTAIN: Commissioners: None
ATTEST:
APPROVED
-~/~
Philip C. Reynolds, Ch 'r