PC Res 3970RESOLUTION NO. 3970
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE PLANNING COMMISSION OF THE CITY OF CAMPBELL
RECOMMENDING THAT THE CITY COUNCIL GRANT AN
EXCEPTION TO ALLOW A DEFERRED STREET IMPROVEMENT
AGREEMENT (PLN2009-129) FOR A PREVIOUSLY APPROVED
TENTATIVE PARCEL MAP (PLN2007-102) THAT ALLOWED A
TWO LOT SUBDIVISION ON PROPERTY OWNED BY THE
TERSIGNI FAMILY LP LOCATED AT 1670 GRACE AVENUE AND
1830 HAMILTON AVENUE IN AN R-1-6 (SINGLE-FAMILY
RESIDENTIAL) AND P-O (PROFESSIONAL OFFICE) ZONING
DISTRICT. APPLICATION OF MS. LUCILLE TERSIGNI, ON
BEHALF OF THE TERSIGNI FAMILY LP. FILE NO. PLN2009-
129.
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 PLN2009-129.
Environmental Finding
The project qualifies as a Categorically Exempt project per Section 15315 of the
California Environment Quality Act (CEQA), pertaining to minor land subdivisions.
Evidentiary Findings
2. The City Council adopted Resolutions No. 10815 approving a Tentative Parcel Map
(PLN 2007-102), allowing the creation of two lots. A .4 acre site accommodating two
existing office buildings along Hamilton Avenue and a .22 acre residential lot taking
access from Grace Ave.
3. The applicant intends to retain the existing single story office buildings and parking lot
on the northerly .4 acre portion of the site. No changes are proposed on the northern
portion of the property that is designated as Professional Office.
4. The subject property is classified by the City of Campbell Zoning Map as P-O
(Professional Office) and R-1-6 (Single-family Residential).
5. The project site abuts single residential uses to the west and south, and office uses to
the east and north.
Planning Commission Resolution No. 3970
PLN2009-129 - 1670 Grace Avenue & 1830 Hamilton Avenue
Recommending an Exception to allow a Deferred Street Improvement Agreement
Page 2
Exception Findings (CMC ~ 11.24.180)
6. That there are special circumstances and conditions affecting subject property. The
applicant is seeking approval of a Tentative Parcel Map to allow the reconstruction of a
residence on the southerly .22 acre portion of the parcel. The current parcel was
created by combining three parcels in 1989 in anticipation of constructing a two story
office building on the .62 acre site which was never built. The parcel is approved for
the proposed subdivision of two lots with asingle-family residence on one lot and a
commercial development on the second. Public street improvements will be required
for redevelopment of the residential property (which will occur shortly) and street
improvements will remain required on the commercially developed parcel, per City
Ordinance, once a development application is submitted to develop that site; and
7. The exception is necessary for the preservation and enjoyment of a substantial
property right of the developer in that the purpose of Chapter 11.24 is to require public
improvements once an application is submitted for development of the parcel; and,
8. The granting of the exception will not be detrimental to the public welfare, or injurious
to other property in the territory in which said property is situated in that the applicant
will be required to install street improvements along the frontage of the residential
parcel on Grace consistent with the City's Ordinance. Future development of the
commercial property along Hamilton Avenue will be required, per Ordinance, once that
site is developed. Because both properties will comply with the intent of the City's
Ordinance pertaining to street improvement requirements, granting the exception will
not be detrimental to the public welfare or injurious to other properties.
Based upon the foregoing findings of fact and pursuant to CMC § 11.24.180 B, the
Planning Commission further recommends that:
1. Granting an exception shall secure substantially the objectives of the regulations to
which exceptions are requested, and shall act to protect the public health, safety,
convenience and general welfare in that the required public street improvements will
accompany future site development of each parcel;
2. The authorization of any exception under the provisions of this section, the planning
commission shall report to the city council its findings with respect thereto, and all facts
in connection therewith, and shall specifically and fully set forth the exceptions.
recommended and the conditions designated.
THEREFORE, BE IT RESOLVED that the Planning Commission recommends that the
City Council grant an exception to allow a deferred street improvement agreement
(PLN2009-129) for a previously approved Tentative Parcel Map (PLN2007-102) that
allowed a two lot subdivision on property owned by the Tersigni Family LP located at 1670
Grace Avenue and 1830 Hamilton Avenue in an R-1-6 (Single Family Residential) and
P-O (Professional Office) Zoning District.
Planning Commission Resolution No. 3970
PLN2009-129 - 1670 Grace Avenue & 1830 Hamilton Avenue
Recommending an Exception to allow a Deferred Street Improvement Agreement
Page 3
PASSED AND ADOPTED this 24th day of November, 2009, by the following roll call vote:
AYES: Commissioners: Alster, Cristina, Ebner, Gibbons, Reynolds and
Roseberry
NOES: Commissioners: None
ABSENT: Commissioners: Rocha
ABSTAIN: Commissioners: None
APPROVED:
ATTEST:
Kirk Heinric s, Secretary