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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 Page 2 of 4 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 PLN2016-46 - 44 EI Caminito Ave -Tentative Parcel Map Paae 3 of 4 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 Page 4 of 4 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 Pape 2 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 Page 3 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 Page 4 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 Paoe 5 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.