PC Res 4305RESOLUTION NO. 4305
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A TENTATIVE PARCEL
MAP (PLN2016-46) TO ALLOW A TWO-LOT SINGLE-FAMILY
RESIDENTIAL SUBDIVISION ON PROPERTY LOCATED AT 44 EL
CAMINITO 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.
The Planning Commission finds as follows with regard to file number PLN2016-46:
Environmental Finding
1. The 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.
Evidentiary Findings
1. The project site is within the R-1-6 (Single-Family Residential) Zoning District.
2. The project site has a Low Density Residential (less than 6 units/gr. ac.) General Plan
designation.
3. The proposed project is an application for a Tentative Parcel Map to allow a subdivision
resulting in two single-family residential lots.
4. The proposed subdivision would result in two lots consistent with the applicable
provisions of the Zoning and Subdivision and Land Development Codes, including
minimum lot size, minimum width dimension, and minimum access way.
5. The proposed Tentative Parcel Map will result in densities of 5.73 and 3.60 units per
gross acre for the new Parcel 1 and Parcel 2, respectively, which is consistent with the
General Plan.
6. The Campbell Subdivision and Land Development Code designates the Planning
Director (Community Development Director) as the decision-making authority for
Tentative Parcel Maps.
7. Administrative decisions of the Community Development Director are considered
pursuant to the administrative decision processes prescribed by CMC Chapter 21.71 of
the Campbell Municipal Code.
8. The administrative decision process allows the Community Development Director to
refer any request to the Planning Commission for a decision pursuant to CMC Section
21.38.020.
Planning Commission Resolution No. 4305
PLN2016-46 - 44 EI Caminito Ave -Tentative Parcel Map
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9. The Community Development Director decided to refer this permit to the Planning
Commission for a decision in response to public concerns and requests for a public
hearing.
10. The neighborhood (which includes EI Caminito, Cherry, Catalpa, & California) is
predominantly comprised of one and two-story residences, and the closest two-story
home on EI Caminito Avenue is approximately 28-feet in height, and is considered a
well-established height for two-story single-family development in the City of Campbell.
11. The imposition of a 28-foot (2-story) restriction on the front lot (Lot 1) correlates to the
height of the closest two-story home on EI Caminito Avenue, and is necessary to protect
the best interests of the surrounding properties and supports the existing character,
integrity and development pattern of the surrounding neighborhood.
12. Construction of a two-story home on the rear lot would create undesirable privacy
impacts on the adjoining parcels, as a two story home would overlook existing rear yards
of the adjoining homes, and impinge on the solar exposure of the adjacent western
property.
13. The imposition of an 18-foot height limit for the rear/flag lot (Lot 2) is necessary to
protect the best interests and integrity of the surrounding properties or neighborhood by
serving to mitigate the potential for privacy impacts and retain solar exposure for the
adjacent western property.
14. The majority of homes on EI Caminito have a roughly 25-foot front setback and the
applicant is proposing 26-foot front setback and the immediately adjacent homes have
greater than average front setbacks.
15. By requiring a 26-foot front setback for the front lot (Lot 1), the project would promote
Strategy LUT-5.2a by `maintaining and supporting the existing character and
development pattern of the neighborhood' considering that the average setback for EI
Caminito Avenue is closer to 29-feet, and a 26-foot setback would provide additional
distance to be more in line with the immediately adjacent homes.
16. The imposition of development restriction to require the retention of the two deodar
cedar trees for the front lot (Lot 1) is consistent with Policy LUT-5.2 in that it serves to
`maintain a safe, attractive, pedestrian friendly neighborhood' and Strategy LUT-10.a by
promoting a site design and layout that `retains natural features such as mature trees'.
17. Development restrictions on the parcel map have been included as Conditions of
Approval which are necessary to protect the best interests of the surrounding property
or neighborhood (CMC 20.16.030) and mitigate clear and significant impacts which
would otherwise be inconsistent with specific goals, strategies or policies contained
within the City of Campbell General Plan and/or the City of Campbell Municipal Code.
Planning Commission Resolution No. 4305
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Based on the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. 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.
2. The design of the Tentative Parcel Map provides, to the extent feasible, for future
passive or natural heating and cooling opportunities.
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. 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. The applicant's proposal, as conditioned, would be consistent with the following goals,
policies, and strategies of the City of Campbell General Plan:
Goal LUT-5: Preservation and enhancement of the quality character and land use
patterns that support the neighborhood concept.
Policy LUT-5.1: Neighborhood Integrity: Recognize that the City is composed of
residential, industrial and commercial neighborhoods, each with its own individual
character; and allow change consistent with reinforcing positive neighborhood
values, while protecting the integrity of the city's neighborhoods.
Policy LUT-5.2: Residential Neighborhoods: Maintain safe, attractive, pedestrian
friendly residential neighborhoods with identifiable centers and consistent
development patterns and a range of public and private services.
Strategy LUT-5.2a: Neighborhood Compatibility: Promote new residential
development and substantial additions that are designed to maintain and support
the existing character and development pattern of the surrounding neighborhood,
especially in historic neighborhoods and neighborhoods with consistent design
characteristics.
Policy LUT-10.1 a: Natural Feature Retention: Encourage site design that
incorporates or otherwise retains natural features such as mature trees, terrain,
vegetation, wildlife and creeks.
7. The conditions of approval imposed on the project are reasonable and necessary
under the circumstances to maintain the character of the neighborhood and protect the
best interests of the surrounding properties and neighborhood.
Planning Commission Resolution No. 4305
PLN2016-46 - 44 EI Caminito Ave -Tentative Parcel Map
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8. The project is Categorically Exempt under Section 15315, Class 15, of the California
Environmental Quality Act (CEQA).
THEREFORE, BE IT RESOLVED that the Planning Commission approves a Tentative
Parcel Map (PLN2016-46) to allow atwo-lot single-family residential subdivision on
property located at 44 EI Caminito Avenue, subject to the attached Conditions of
Approval (attached Exhibit "A").
PASSED AND ADOPTED this 28th day of June, 2016, by the following roll call vote:
AYES: Commissioners
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
Bonhagen, Finch, Kendall, Rich and Young
Dodd and Reynolds
None
None
APPROVED:
',
Cynthi 'Dodd, Chair
ATTEST: - `- '`
Paul Kermoyan, Secretary
EXHIBIT A
CONDITIONS OF APPROVAL
Tentative Parcel Map (PLN2016-46)
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:
Tentative Parcel Map Project: Approval is granted for a Tentative Parcel Map (PLN2016-
46) to allow the division of one residential parcel into two standard residential parcels on
property located at 44 EI Caminito Avenue. The Final Parcel Map shall substantially
conform to the Revised Parcel Map prepared by Donald R. Peoples (Engineer C29588,
S2464), dated as received by the Planning Division on March 17, 2016.
2. Parcel Map Expiration: The Parcel Map 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. Fencing Plan: The building permit plans for the new residences shall include a detailed
"fencing plan" indicating placement of new fencing around the property.
4. Park Impact Fee: A Park Impact Fee per unit is due upon development of the site.
Credit will be given for the existing single-family residence. 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. Presently, the park impact fee is $17,447 per unit.
Should this fee change prior to final map submittal, the new fee will apply.
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 of the Final Parcel Map.
6. Development Restrictions: The following restrictions shall apply to the future
development of the properties approved herein:
a. Front Lot (Lot 1):
1. Front Setback: A 26-foot minimum front setback shall be required
from back of sidewalk, or 25'/Z feet back from the front property line,
whichever is more restrictive.
2. Height: Future development shall be restricted to 28-feet and two-
stories.
3. Deodar Cedar Trees: The two large deodar cedar trees located in the
front yard of Lot 1 shall be retained in accordance with the City's Tree
Protection Ordinance. Removal of either or both trees shall require
review and approval by the Planning Commission. Dead trees may be
Exhibit A -Conditions of Approval ~ 44 EI Caminito Ave
File No. PLN2016-46 -Tentative Parcel Map -Lot Split
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removed with a dead tree removal permit, and shall not require
Planning Commission review or approval.
b. Rear/Flap Lot (Lot 2):
1. Height: Future development shall be restricted to 18-feet and one-
story.
PUBLIC WORKS DEPARTMENT
7. 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.
8. Vacation of Public Easement: Tract Map No. 179 which created this lot also created a
25 foot "Building Line" to enforce building setbacks when this property was still in the
County. If it is the applicant's intent to take advantage of the less restrictive R-1-6, 20
foot front setback, then the existing Building Line needs to be vacated /abandoned by
City Council. Prior to issuance of any grading or building permits for the site, the
applicant would need to fully complete the street vacation process, including approval by
the City Council.
9. Monumentation for Parcel Map: Prior to recordation of the Parcel Map, the applicant
shall provide a cash deposit (100% of the monument estimate) for setting all monuments
shown on the map. Monuments shall be set per section 20.76.010 of the Campbell
Municipal Code including but not limited to setting permanent pipe monuments (three-
fourths inch galvanized steel pipe two feet long approximately six inches below finished
grade) at each boundary of all lot corners within a subdivision, along the exterior
boundary lines at intervals of approximately five hundred feet and at all beginning of
curves and ending of curves on property lines, and monument boxes at intersections of
all street monument line tangents.
0. Demolition: Prior to recordation of the Parcel Map, the applicant shall obtain a
demolition permit and remove any nonconforming structures.
11. Soils Report: Upon submittal of the Parcel Map, applicant shall provide a soils report
prepared by a registered geotechnical or civil engineer.
12. Grading and Drainage Plan: Prior to recordation of the Parcel Map, 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.
Prior to occupancy, the design engineer shall provide written certification that the
development has been built per the engineered grading and drainage plans.
13. Storm Drain Area Fee: Prior to recordation of the Parcel Map, the applicant shall pay
the required Storm Drain Area fee, currently set at $2,120.00 per net acre, which is
$721.00.
14. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or
building permits, the applicant shall comply with the National Pollution Discharge
Exhibit A -Conditions of Approval ~ 44 EI Caminito Ave
File No. PLN2016-46 -Tentative Parcel Map -Lot Split
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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.
I5. Tree Removals: To accommodate the required street improvements one street tree will
be removed as part of this project. Anew street tree will be installed to replace the tree
removed.
16. Utilities: Utility locations shall not cause damage to any existing street trees. Where
there are utility conflicts due to established tree roots or where a new tree will be
installed, alternate locations for utilities shall be explored. Include utility trench details
where necessary.
17. Water Meters and Sewer Cleanouts: Existing and proposed water meters and sewer
cleanouts shall be relocated or installed on private property behind the public right-of-
way line.
18. Utility Coordination Plan: Prior to recordation of the Parcel Map, the applicant shall
submit a utility coordination plan and schedule for approval by the City Engineer for
installation and/or abandonment of all utilities. The plan shall clearly show the location
and size of all existing utilities and the associated main lines; indicate which utilities and
services are to remain; which utilities and services are to be abandoned, and where new
utilities and services will be installed. Joint trenches for new utilities shall be used
whenever possible.
19. Pavement Restoration: Based on the utility coordination plan, the applicant shall
prepare a pavement restoration plan for approval by the City Engineer prior to any utility
installation or abandonment. Streets that have been reconstructed or overlaid within the
previous five years will require boring and jacking for all new utility installations. EI
Caminito Avenue has not been reconstructed or overlaid in the last 5 years. The
pavement restoration plan shall indicate how the street pavement shall be restored
following the installation or abandonment of all utilities necessary for the project.
20. Street Improvement Agreements /Plans /Encroachment Permit /Fees /Deposits 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
Exhibit A -Conditions of Approval ~ 44 EI Caminito Ave
File No. PLN2016-46 -Tentative Parcel Map -Lot Split
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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. Removal of existing driveway approach and necessary sidewalk, curb and gutter.
c. Installation of City approved street trees at 30 feet on center.
d. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway
approach. Installation of engineered structural pavement section to centerline, as
required by the City Engineer.
e. Installation of asphalt concrete overlay per street pavement restoration plan for
utility installation and/or abandonment, as required by the City Engineer.
f. Installation of service laterals for water, sanitary and storm drain utilities.
g. Installation of traffic control, stripes and signs.
h. Construction of conforms to existing public and private improvements, as
necessary.
Submit final plans in a digital format acceptable to the City.
21. Street Improvements Completed for Occupancy and Building Permit Final: Prior to
allowing occupancy of the last unit, the applicant shall have the required street
improvements and pavement restoration installed and accepted by the City, and the
design engineer shall submit as-built drawings to the City.
22. 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.
23. Utility Encroachment Permit(s): Separate City encroachment permits for the installation
of utilities to serve the development will be required (including water, sewer, gas,
electric, etc.). Applicant shall apply for and pay all necessary fees for utility
encroachment permits for sanitary sewer, gas, water, electric and all other utility work.
24. 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.
FIRE DEPARTMENT
25. Limited Review: Review of this Development propose is limited to acceptability of site
access and water supply as they pertain to fire department operations, and shall not be
Exhibit A -Conditions of Approval ~ 44 EI Caminito Ave
File No. PLN2016-46 -Tentative Parcel Map -Lot Split
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construed as a substitute for formal plan review to determine compliance with adopted
model codes. Prior to performing any work the applicant shall make application to, and
receive from, the Building Department all applicable construction permits.