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PC Res 3666 RESOLUTION NO. 3666 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL DENYING AN APPEAL AND UPHOLDING THE ADMINISTRATIVE TENTATIVE PARCEL MAP APPROVAL (PLN2005-50) TO ALLOW THE DIVISION OF ONE LOT INTO TWO RESIDENTIAL LOTS ON PROPERTY OWNED BY MR. BASHEER AHMED LOCATED AT 1690 WESTMONT AVENUE IN AN R-1-9 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT. FILE NO. PLN2005-50. 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 PLN2005-50: 1. The proposed Tentative Parcel Map will result in a density of 3.4 units per gross acre, which is consistent with the General Plan land use designation of Low Density Residential (less than 4.5 units per gross acre). 2. The proposed Tentative Parcel Map is consistent with the development standards (including lot size and minimum lot width) of the R-1-9 Zoning District and the San Tomas Area Neighborhood Plan. 3. The proposed lot configuration consists of one standard lot (Parcel 1) having frontage along Westmont Avenue and one rear flag-lot (Parcel 2). 4. The proposed subdivision layout allows access to natural air and light. 5. Each new lot created has adequate access to a public right-of-way. 6. 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 lots. 7. The project qualifies as a Categorically Exempt project per Section 15315, Class 15 (Minor Land Divisions) of the California Environmental Quality Act (CEQA). 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 City's General Plan and Zoning Ordinance. 2. The proposed Tentative Parcel Map is consistent with the City's Subdivision and Land Development Ordinance. Planning Commission Resolution No. 3666 PLN2005-50 -- 1690 Westmont Avenue Denying an Appeal and Upholding the Administrative Tentative Parcel Map Approval Page 2 3. 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. 4. The design of the Tentative Parcel Map provides, to the extent feasible, for future passive or natural heating and cooling opportunities. 5. The proposed development will aid in the harmonious development of the immediate area. 6. 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. 7. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. 8. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. THEREFORE, BE IT RESOLVED that the Planning Commission denies an appeal and upholds the Administrative Tentative Parcel Map Approval (PLN2005-50) to allow the division of one lot into two residential lots on property owned by Mr. Basheer Ahmed located at 1690 Westmont Avenue in an R-1-9 (Single Family Residential) Zoning District, subject to the following conditions: 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: 1. Approved Project: Approval is granted for a Tentative Parcel Map to allow the division of one lot into two residential lots on property located at 1690 Westmont Avenue. The Final Parcel Map shall substantially conform to the Tentative Parcel Map prepared by Dunbar and Craig and dated as received by the Planning Division on May 31,2005, except as may be modified by the conditions of approval herein. Planning Commission Resolution No. 3666 PLN2005-50 -- 1690 Westmont Avenue Denying an Appeal and Upholding the Administrative Tentative Parcel Map Approval Page 3 2. Approval Expiration: The Tentative Parcel Map approval is valid for a period of two years from the date of approval, unless an extension is granted prior to the expiration date. 3. Park Impact Fee: A park impact fee, based on a density range of less than six units per gross acre, is due upon development of the site. Credit shall be given for any existing single-family residence to be demolished. Prior to recordation of the Parcel Map, 75% of this fee is due. The remaining 25% is due prior to issuance of a certificate of building occupancy. 4. Demolition of Structures: Prior to recordation of the Parcel Map the applicant shall obtain a building permit for the demolition of all non-conforming structures. 5. Property Maintenance: The property is to be maintained free of any combustible trash, debris and weeds until the time that actual construction commences. All existing structures shall be secured by having windows boarded up and doors sealed shut, or demolished or removed from the property. 6. Trees: No trees are approved to be removed as part of this project. Any trees proposed for removal as part of future site improvements are subject to the provisions of the City's Tree Protection Regulations. Any protected trees to be removed shall be replaced in accordance with the requirements of the Tree Protection Regulations. 7. Tree Protection Plan: The applicant shall submit a tree protection plan for all protected trees to be retained on site and shall contain specific information about the preservation of the trees during any grading or building on site. Such tree protection measures shall be installed prior to any demolition, grading, or building on the project site. No construction or trenching shall take place within the drip line of trees and a fence constructed of temporary cyclone fencing or wire mesh securely attached to poles driven into the ground shall be installed around the dripline of the tree. All trimming or branch removal from protected trees shall be completed by a certified arborist. The tree protection plan shall be submitted to the Planning Division for review and approval by the Community Development Director prior to the issuance of building permits. PUBLIC WORKS DEPARTMENT 8. Preliminary Title Report: Upon submittal of the parcel map, the applicant shall provide a current (within the past 6 months) Preliminary Title Report. 9. RiQht-of-Way for Public Street Purposes: Upon recordation of the parcel map, the applicant shall fully complete the process to cause additional right-of-way to be granted in fee for public street purposes along the Westmont Avenue frontage to Planning Commission Resolution No. 3666 PLN2005-50 -- 1690 Westmont Avenue Denying an Appeal and Upholding the Administrative Tentative Parcel Map Approval Page 4 accommodate 20 foot half street width from monument line to property line. The applicant shall submit the necessary documents for approval by the City Engineer, process the submittal with City staffs comments and fully complete the right-of-way process. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 10. Monumentation for Parcel Map: Prior to recordation of the parcel map, the applicant shall provide security for setting all monuments shown on the map. Monuments shall be set per section 20.76.010 of the Campbell Municipal Code. 11. Work in the Public RiQht-of-Way: Prior to doing any work in the public right-of-way, the applicant shall obtain an encroachment permit, provide plans, pay fees and deposits, post security, and provide insurance. 12. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer cleanout(s) shall be relocated or installed on private property behind the public right-of-way line. 13. Utilities: All on-site utilities shall be installed underground per Section 21.18.140 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. 14. 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. 15. Pavement Restoration: 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 pavement restoration, as required by the City Engineer. 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. Westmont Avenue was reconstructed in 2004. 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. Planning Commission Resolution No. 3666 PLN2005-50 -- 1690 Westmont Avenue Denying an Appeal and Upholding the Administrative Tentative Parcel Map Approval Page 5 16. Storm Drain Area Fee: Prior to recordation of the parcel map, the applicant shall pay the required Storm Drain Area fee, currently set at $2,060 per net acre, which is $1,216. 17. Demolition: Prior to recording of the parcel map the applicant shall obtain a demolition permit and remove any nonconforming structures. 18. Reimbursements: Prior to recordation of the parcel map, the applicant shall reimburse the City for previously constructed public improvements in the amount of $5,902. NOES: ABSENT: ABSTAIN: Alderete, Doorley, Francois, Gibbons, Rocha and Roseberry None Ebner None /" ,¿., ' APPROVED:~& ~¿ f:} t S~ A TTEST:,~ ,,-~Iiza eth Gibbons, Chair Sharon Fierro, Secretary Commissioners: AYES: Commissioners: Commissioners: Commissioners: