CC Resolution 12039RESOLUTION NO: 12039
BEING.A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL DENYING AN APPEAL AND UPHOLDING APPROVAL
OF A TENTATIVE PARCEL MAP (PLN2016-46) TO ALLOW ATWO-
LOT SINGLE-FAMILY RESIDENTIAL SUBDIVISION ON PROPERTY
LOCATED AT 44 EL CAININITO AVENUE. FILE NO: PLN2016-46.
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. 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.
City Council Resolution Page 2 of 4
Denying an Appeal
44 EI Caminito Avenue - PLN2016-46
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 othervvise be inconsistent with specific goals, strategies or policies
City Council Resolution Page 3 of 4
Denying an Appeal
44 EI Caminito Avenue - PLN2016-46
contained within the City of Campbell General Plan and/or the City of Campbell
Municipal Code.
Based on the foregoing findings of fact, the Planning Commission further finds and
concludes that:
18. 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.
19. The design of the Tentative Parcel Map provides, to the extent feasible, for future
passive or natural heating and cooling opportunities.
20. The proposed development will aid in the harmonious development of the immediate
area.
21. There is a reasonable relationship between the use of the fees imposed upon the
project and the type of development project.
22. 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.
23. 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
developmenYpatterns 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=10.1a: Natural Feature Retention: Encourage site design that
incorporates or otherwise retains natural features such as mature trees, terrain,
vegetation, wildlife and creeks.
City Council Resolution
Denying an Appeal
44 EI Caminito Avenue - PLN2016-46
Page 4 of 4
24. 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.
25. The project is Categorically Exempt under Section 15315, Class 15, of the California
Environmental Quality Act (CEQA).
THEREFORE, BE IT RESOLVED that the City Council denies the appeal and upholds
approval a Tentative Parcel Map (PLN2016-46), subject to the attached Conditions of
Approval (attached Exhibit A).
PASSED AND ADOPTED this 6th day of September, 2016, by the following roll call vote:
AYES: COUNCILMEMBERS: Resnikoff, Gibbons, Baker
NOES: COUNCILMEMBERS: Kotowski
ABSENT: COUNCILMEMBERS: Cristina
ABSTAIN: COUNCILMEMBERS: None
APPROVED: ~ - / ~,~1~-
J~son T. Baker, Mayor
ATTEST:
Wendy od, City Clerk
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 helshe 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. 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.
5. 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. Design Guidelines: Both lots (Front Lot -Lot 1 & Rear/Flag Lot -Lot 2)
shall be subject to the City of Campbell's Design Guidelines for Single
Family Homes.
b. 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.
Conditions of Approval
Tentative Parcel Map - 44 EI Caminito Avenue
PLN2016-46
Page 2 of 5
2. Height: Future development shall be restricted to 28-feet and two-
staries.
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 removed with a dead tree removal permit, and
shall not require Planning Commission review or approval.
4. Second Story Balcony: No second-story balconies shall be
allowed.
5. Garage: The front unit shall be required to provide an integrated
garage (not detached). No carport shall be allowed.
6. Privacy: The design of the front unit shall take measures to protect
the privacy of neighboring properties (e.g. obscuring second-story
windows which overlook adjoining properties, raising window sill
heights).
c. Rear/Flag Lot (Lot 2):
1. Height: Future development shall be restricted to 18-feet and one-
story.
PUBLIC WORKS DEPARTMENT
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.
10. Demolition: Prior to recordation of the Parcel Map, the applicant shall obtain a
demolition permit and remove any nonconforming structures.
Conditions of Approval
Tentative Parcel Map - 44 EI Caminito Avenue
PLN2016-46
Page 3 of 5
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
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 Manuat 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.
15. 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
Conditions of Approval
Tentative Parcel Map - 44 EI Caminito Avenue
PLN2016-46
Page 4 of 5
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 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.
i. 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
Conditions of Approval
Tentative Parcel Map - 44 EI Caminito Avenue
' PLN2016-46
Page 5 of 5
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 DEPARTMEPVT
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 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.