Tentative Subdivision - 2002July 27,2005
Ms. Gina Bixby
Department of Real Estate
2201 Broadway
P.O. Box 187005
Sacramento, CA 95818-7005
Re: DRE File Number: 119610SA-FOO
Subdivision Name: Shelley Townhomes
Tract Number: 9670
County: Santa Clara
Dear Ms. Bixby:
The Planning Division of the City of Campbell had done a final inspection of the common area
improvements associated with the above described subdivision and has found the improvements
to be complete and consistent with the approved plans. .
Should you have any questions regarding this determination, please contact me at (408) 866-
2144 or via e-mail attimh@cityofcampbell.com.
Sincerely
~~
Tim Haley
Associate Planner
cc: File 206 Shelley Avenue.
70 North First Street. Campbell, California 95008-1436 . TEL 408.866.2140 . FAX 408.871.5140 . TOD 408.866.2790
STATE OF CALIFORNIA. BUSINESS, TRANSPORTA'rION AND HOUSING AGENCY
DEPARTMENT OF REAL ES-TATE
2201 BROADWAY
P.O. BOX 187005
SACRAMENTO, CA 95818-7005
(916) 227-0813
A 71",' elt'( f/ 3 ix6y
ARNOLO SCHWARZENEGGEA, Governor
April 20, 2005
Sandia Consulting
ALCIMtNO
312 CHRISTOPHER AVE
CAMPBElL, CA 9500&
RE: Budget Assignment Notice
.. b/fE-File Nu"i'6er: .. fi%IOSX~FOO'
Subdivision Name: SHELLEY TOWNHOMES
Tract Number; 9670
County: SANTA CLAR,A
Dear Sandia Consult;ng :
{i
The J:eferenced subdivision public report application- received on 04/1412005 appears to be substantially complete.
On this date, the duplicate budget package has been assigned to Ronald Southard of the Budget Review Section for
review. Y O\l should receive-~ qualitative budget deflCie.ocynotiee wfthin6(} days from the date that your public
report application was deemed substantially complete.
If any of the documents submitted are not appropriate to this project, the file may be disqualified as substantially
complete. In that case, you may r~eive fnrther.notification thzrtthe-mandatcd time trames for issuance of a
qualitative deficiency notice wilt nOlbeginuntil the appropriate document.c; are submitteA,
If there are any questions regarding your application, do not hesitate to contact our office.
Sincerely,
~
Louis C. Hauger
Managing Deputy Commissioner III
Budget Review Section
cc: Midway AssociatesLLC
MeL
RE 6078 (New 11/99)
June 20, 2002
Ms. Vivian Bracher
Mr. Robert Dubcich
19542 Chardonnay Court
Saratoga, CA 95070
Dear Ms. Bracher and Mr. Dubcich:
At the regular meeting of June 18, 2002, the City Council held a Public Hearing to consider
your application for a Tentative Subdivision Map (PLN 2002-31) to create six townhome lots
and one common lot on property located at 206 Shelley A venue in a Planned Development
Zoning District.
After due discussion and consideration, the City Council took the following action:
1. Adopted Resolution No. 10050 approving a Tentative Subdivision Map (PLN 2002-31)
to create six (6) townhome lots and one common lot on property located at 206 Shelley
Avenue in a Planned Development Zoning District, incorporating findings and subject
to the Conditions of Approval.
A certified copy of this Resolution is attached for your records.
Please do not hesitate to contact this office (866-2117) or Tim Haley, Associate Planner,
should you have any questions in regard to the City Council's action.
~incerely ,
tJ j-' ~, \. /
6,u:..t.1\; .,II..{.,'r~5-1-'7 ~ " 'A
Je ~ -zt. .. CJ."\ c\.(~
, I \ ,::) ~ _)
(I cW Anne Bybee -
/ City Clerk
\~/
Enc.
cc. Carroll Engineering, 1101 S. Winchester Blvd., Ste. H184, San Jose 95128-3903
Tim Haley, Associate Planner
70 North First Street. Campbeli, California 95008.1423 . TEL 408.866.2117 . FAX 408.374.6889 . TI)D 408 866.:27'l()
MEMORANDUM
From:
Tim Haley
Associate Planner, Comm. Develop. Dept.
~emSley
~uty City Clerk
June 20, 2002
To:
Date:
Subject:
Application of Ms. Vivian Bracher and Mr. Robert Dubcich for a
Tentative Subdivision Map (PLN 2002-31) to create six townhome lots
and one common lot on property located at 206 Shelley A venue in a PD
(Planned Development) Zoning District
After a public hearing held at the regular meeting of June 18, 2002, the City Council
adopted Resolution No. 10050 approving the application of Ms. Vivian Bracher and
Mr. Robert Dubcich for a Tentative Subdivision Map (PLN 2002-31) to allow a
subdivision to create six townhome lots and one common lot, on property located at 206
Shelley A venue in a PD (Planned Development) Zoning District, incorporating findings
and subject to the Conditions of Approval.
A certified copy of this Resolution is attached for your records, together with a copy of
the letter sent to the applicants in follow-up to the City Council's action.
}"-
--~)'
f.
13. Application of Ms. Vivian Bracher and Mr. Robert Dubcich for a Tentative
Subdivision Map (pLN2002-31) to create six townhome lots and one common lot on
property owned by Ms. Vivian Bracher and Mr. Robert Dubcich located at 206
Shelley A venue in a PD (planned Development) Zoning District (Resolution/Roll
Call Vote)
This is the time and place for a public hearing to consider the application of Ms. Vivian
Bracher and Mr. Robert Dubcich for a Tentative Subdivision Map (PLN2002-31) to
create six townhome lots and one common lot on property owned by Ms. Vivian
Bracher and Mr. Robert Dubcich located at 206 Shelley A venue in a PD (Planned
Development) Zoning District.
Community Development Director Fierro - Staff Report dated June 18, 2002.
Mayor Watson declared the public hearing open and asked if anyone in the audience
wished to be heard.
There being no one wishing to speak, Mayor Watson closed the public hearing.
M/S: Burr/Dean - that the City Council adopt Resolution 10050 approving a
Tentative Subdivision Map (PLN2002-31) to create six townhome lots and one
common lot on property owned by Ms. Vivian Bracher and Mr. Robert Dubcich at
206 Shelley A venue in a PD (Planned Development) Zoning District, subject to
Conditions of Approval. Motion adopted by the following roll call vote:
AYES: Councilmembers: Dean, Burr, Kennedy, Furtado, Watson
NOES: Councilmembers: None
UNFINISHED BUSINESS
There were no agendized items.
NEW BUSINESS
There were no agendized items.
COUNCIL COMMITTEE REPORTS
14. City Councilmember Reports
--Councilmember Kennedy distributed Summary Notes from the June 6, 2002 VTA
Board of Directors Meeting.
Minutes of June 18, 2002 City Council Meeting
6
TITLE
Application of Ms. Vivian Bracher and Mr. Robert Dubcich for a Tentative
Subdivision Map (PLN 2002-31) to create six townhome lots and one
common lot on property located at 206 Shelley A venue in a P-D (planned
Development) Zoning District.
CITY COUNCIL ACTION
The Planning Commission recommends that the City Council take the following action:
1. Adopt a Resolution, incorporating the attached findings, approving a Tentative Subdivision
Map (PLN 2002-31) to allow a subdivision to create six townhome lots and one common lot.
subject to the attached Conditions of Approval.
ENVIRONMENT AL DETERMINATION
A Negative Declaration for this project was granted by the City Council on July 3, 2001. There
have been no changes in circumstances that warrant further environmental review, consequently
no further environmental review or action is recommended.
BACKGROUND
The City Council on July 3.2001, introduced Ordinance No. 2008 approving a Zone Change on
the project site from R-M-S to P-D Planned Development and adopted Resolution No. 9889
approving a Planned Development Pennit to allow the construction of a six (6) unit townhouse
development on property located at 206 Shelley Avenue. Condition No's. 26 and 27 of the
Planned Development Permit approval required the applicant to file and process a tract map.
Applicant's Proposal: The applicant, Carroll Engineering, on behalf of Vivian Bracher and
Robert Dubcich, is requesting approval of a tentative subdivision map (PLN 2002-31) to allow
the creation of six (6) townhouse lots and one common lot at 206 Shelley Avenue. The subject
property is located on the south side of Shelley Avenue, one parcel west of South Bascom
A venue on the border of Campbell and San Jose.
..
ANALYSIS
General Plan Designation: The General Plan land use designation for the project site is Low-
Medium Density Residential (6-13 units per gross acre). The proposed map will create six
townhome lots at a density of 11.1 units per gross acre, which is within the density range allowed
for the site. Therefore, the proposed project is consistent with the Genera] Plan.
Zoning Designation: The zoning designation for the project site is P-D (planned Development)
The proposed map allows the creation of six town home lots and a common lot for access and
landscaping consistent with the approved Planned Development Permit. The map is consistent
City Council Report
PLN 2002-31 - 206 Shelley Avenue
Tentative Subdivision Map
Page 2
with the Planned Development Pennit approved on July 3, 2001 and with the California
Subdivision Map Act and the Campbell Subdivision Ordinance.
Planning Commission Action: The Planning Commission, at its meeting of May 28, 2002,
adopted Resolution No. 3435, recommending approval of the Tentative Subdivision Map.
AL TERNA TIVES
1. Approve the proposed map subject to additional and/or modified Conditions of Approval.
2. Deny the proposed map.
3. Continue for further review.
FISCAL IMPACTS
None.
Attachments:
Prepared by:
1. Draft City Council Resolution - Tentative Subdivision Map (Attachment #1)
2. Planning Commission Resolution and Meeting Minutes (Attachment #2)
3. Planning Commission Staff Report (Attachment #3)
4. City Council Resolution # 9889 and City Council Minutes - July 3, 2001 (Attachment #4)
5. Reduced Exhibits (Attachment #5)
6. Location Map (Attachment #6)
~~
Tim Haley, Associate Planner
~~1~~~ y~
Reviewed by:
Approved by:
ity Development Director
Planning Commission Mim..~3 of May 28, 2002
Page 5
A YES:
NOES:
ABSENT:
ABSTAIN:
Alderete, Doorley, Francois, Gibbons and Jones
None
Hernandez
None
Chair Francois advised that this action is final in 10 calendar days, unless appealed in writing
to the City Clerk.
***
Chair Francois read Agenda Item No.3 into the record.
3. PLN2002-31
BracherlDubcich
Public Hearing to consider the application of Ms. Vivian Bracher and
Mr. Robert Dubcich for a Tentative Subdivision Map (pLN2oo2-31)
to create six townhome lots and one common lot on property owned
by Ms. Vivian Bracher and Mr. Robert Dubcich located at 206
Shelley A venue in a P-D (planned Development) Zoning District. A
Negative Declaration was previously approved for this project.
Tentative City Council Meeting Date: June 18, 2002. Project
Planner: Tim J. Haley, Associate Planner
Mr. Tim J. Haley, Associate Planner, presented the staff report as follows:
· Informed that this application is for a Tentative Subdivision Map, which was required as a
Condition of Approval with the Planned Development Permit Approval for six townhome
units.
· Added that the Tentative Subdivision Map would create six townhome lot and one
common lot.
· Said that the property would be developed at ILl units per gross acre, which is in the
midrange of the allowable density of 6 to 13 units per gross acre.
. Recommended adoption of a Resolution recommending approval of this Tentative
Subdivision Map.
Chair Francois opened the Public Hearing for Agenda Item No.3.
Chair Francois closed the Public Hearing for Agenda Item No.3.
Motion:
Upon motion of Commissioner Gibbons, seconded by Commissioner
Alderete, the Planning Commission adopted Resolution No. 3435
recommending approval of a Tentative Subdivision Map (pLN2002-31) to
create six townhome lots and one common lot on property owned by Ms.
Vivian Bracher and Mr. Robert Dubcich located at 206 Shelley Avenue, by
the following roll call vote:
A YES: Alderete, Doorley, Francois, Gibbons and Jones
NOES: None
ABSENT: Hernandez
ABSTAIN: None
Planning Commission Minutts of May 28, 2002
Page 6
Chair Francois advised that Council would consider this item for final action on June 18,2002.
***
REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
The written report of Ms. Sharon Fierro, Community Development Director, was accepted as
presented with the following additions:
· Announced that Council has authorized a Request for Proposals for Winchester Boulevard,
South of Campbell Avenue and other Design Guidelines. Work will start on this project at
the end of the year.
· Added that the Commission will hold a Study Session on June 17, 2002, regarding the
Zoning Code Update. Staff will distribute a briefing book early enough for the
Commissioners to provide guidance on which areas require further review.
. Informed that Council approved the project at 154 Sunnyside Avenue and approved the
FY02/03 Operating and Capital Improvement Budget. The budget included funds for a
paid architectural advisor that will become an advocate for the San Tomas Area
Neighborhood Plan.
· Council with regret accepted the resignation of Commissioner Leonard.
· Informed the Commission that the next agenda will include three items.
· Offered to distribute the Department of Finance report that explains its population figures.
Commissioner Doorley asked for an update on the Russian Deli Cafe on Winchester and the
illegal outdoor seating for Baja Fresh Restaurant on S. Bascom A venue.
Senior Planner Geoff I. Bradley advised that he gave the owner of the Russian Deli Cafe until
the end of May to get the required landscaping planted. He added that Baja Fresh had 40
outdoor seats in violation of their Use Permit. An agreement was reached that if Baja Fresh
made good faith efforts to comply with their Conditions of Approval, they would be permitted
to have eight seats, four tables and two umbrellas for use as a temporary outdoor waiting area
until they can complete the required improvements necessary for the permanent outdoor
seating area.
Chair Francois asked if the rumor of the sale of the Russian Deli Cafe is true.
Senior Planner Geoff I. Bradley replied that he believed a sale is pending.
Chair Francois asked for an update on the Prometheus project and the Gilman project.
Director Sharon Fierro replied that she just recently spoke with the hotel developer for the
Prometheus site who advised that in the current market banks will not fully finance loans to
construct hotels. She added that that the Gilman project was recently resubmitted.
Chair Francois asked if the Loft project is dead.
Director Sharon Fierro replied that the parking structure is too expensive, which results in the
living units being too expensive to be viable. However, another developer has expressed
interest in assuming this project.
~.~O<f. . CAI'l1/->(9
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.OI?CHA.""'O-
CITY OF CAMPBELL
Community Development Department - Current Planning
May 29, 2002
Vivian BracherIRobert Dubcich
19542 Chardonnay Court
Saratoga, CA 95070
Re: PLN2002-31- Tentative Subdivision Map - 206 Shelley Avenue
Dear Applicants:
Please be advised that the Planning Commission, at its meeting of May 28, 2002, adopted
Resolution No. 3435 recommending approval of a Tentative Subdivision Map (PLN2002-32) to
create six townhome lots and one common lot on the above-referenced property.
This project is tentatively set for consideration by the City Council at its meeting of June 18,
2002. Uyou have any questions, please do not hesitate to contact me at (408) 866-2140.
S:f;
TimJ.Haley ~
Associate Planner
cc: Carroll Engineering
1101 S. Winchester Blvd., #H-184
San Jose, CA 95128
70 North First Street . Campbell, California 95008-1436 . TEL 408.866.2140 . FAX 408.866.838\ . TOD 408.866.2790
RESOLUTION NO. 3435
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBElL RECOMMENDING APPROVAL OF A
TENTATIVE SUBDMSION MAP (pLN2002-31) TO CREATE SIX
TOWNHOME LOTS AND ONE COMMON LOT ON PROPERTY
OWNED BY MS. VNIAN BRACHER AND MR. ROBERT
DUBCICH AT 206 SHELLEY A VENUE IN A P-D (pLANNED
DEVELOPMENT) ZONING DISTRICT. APPUCA nON OF MS.
VIVIAN BRACHER AND MR. ROBERT DUBCICH. Fll..E NO.
PLN2002-31.
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 PLN2002-31:
I. The proposed creation of six residential parcels and a common lot is consistent with the
General Plan.
2. The proposed Tentative Subdivision Map is consistent with the Planned Development
Zoning Ordinance.
3. The shape and orientation of the lots facilitates solar access.
4. The tentative subdivision map has been distributed to local agencies, including Pacific Gas
and Electric, AT&T Broadband, 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 parcels.
5. The project is not located in a particularly sensitive environment; and no substantial evidence
has been presented to suggest that there is a reasonably possibility that significant
environmental impacts would result from the project due to unusual circumstances or from
the cumulative impacts of successive projects of the same type in the same place.
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The proposed tentative subdivision map is consistent with the General Plan.
2. The proposed tentative subdivision 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.
3. The design of the tentative subdivision map provides, to the extent feasible, for future passive
or natural heating and cooling opportunities.
Planning Commission Reso. ..ion No. 3435
PLN2002-31- 206 Shelley Avenue - Tentative Subdivision Map
Page 2
4. The development and uses would be compatible with the General Plan of the City and will
aid in the harmonious development of the immediate area.
5. There is a reasonable relationship and a rough proportionality between the Conditions of
Approval and the impacts of the project.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval
of a Tentative Subdivision Map (PLN2002-31) to create six townhome lots and one common lot
on property owned by Ms. Vivian Bracher and Mr. Robert Dubcich at 206 Shelley Avenue,
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.
CO~TYDEVELOPMENTDEPARTMENT
Plannine: Division
1. Approved Proiect: Approval is granted to construct six (6) townhome lots and a common lot.
The lot design shall substantially conform to the project exhibits listed below, except as may
be modified by the Conditions of Approval herein:
a. Tentative Subdivision Map prepared by Carroll Engineering, Engineering and Surveyors
dated December 19, 2001.
2. Covenants, Codes and Restrictions (CC&Rs): The applicant shall be required to submit for
review and approval by the City Attorney and Community Development Director a copy of
the CC&Rs which shall provide for the formation of a homeowner's association to ensure the
long-term maintenance of the access driveway and associated landscaping.
3. Park Impact Fee: A park impact fee of $7,035 per unit is due upon development of the site.
Credit in the amount of $10,990 will be given for the prior single-family residence removed
on the lot (Demolition Permit issued January 22, 2001), if less than two years from the date
of fee payment. Prior to recordation of the final subdivision map, 75% of this fee is due.
The remaining 25% is due prior to issuance of a certificate of building occupancy.
Planning Commission ReSOlu110n No. 3435
PLN2002-31- 206 Shelley Avenue - Tentative Subdivision Map
Page 3
PUBLIC WORKS DEPARTMENT
4. Final Map: Prior to issuance of any grading or building permits for the project, the applicant
shall submit a Final Map for review by the City and recordation, upon approval by the City
Council. The current plan check fee is $1,570.00 plus $25 per lot.
5. Preliminary Title Report: Prior to recordation of the Tract Map, the applicant shall provide a
current Preliminary Title Report.
6. Right-of-Wav for Public Street Purooses: Upon recordation of the Final Map, the applicant
shall cause additional right-of-way to be granted for public street purposes along the Shelley
A venue frontage to accommodate a 30-foot half street for a total width of 60 feet. The
applicant shall cause all documents to be prepared by a registered civil engineerlland
surveyor, as necessary, for the City's review and recordation.
7. Public Service Easement and Sidewalk Easement: Upon recordation of the final map, the
applicant shall grant a lO-foot public service easement and sidewalk easement on private
property contiguous with the public right-of-way along the Shelley A venue frontage. The
applicant shall cause all documents to be prepared by a registered civil engineerlland
surveyor, as necessary, for the City's review and recordation.
8. Private Easements: Upon recordation of the final map, the applicant shall cause private
easements to be recorded for private utilities, private storm drains, reciprocal ingress and
egress, emergency vehicles, etc.
9. Monumentation for Final Map: Prior to recordation of the final map, the applicant shall
provide security for setting all monuments shown on the map.
10. Street Improvements: Upon recordation of the final map, the applicant shall execute a street
improvement agreement and shall 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 fee for a non-utility
encroachment permit application is currently $255.00. The plans shall include the following:
a. Removal of existing driveway approach;
b. Removal of existing curb, gutter and sidewalk, as necessary;
c. Construction of new curb, gutter, sidewalk and ADA compliant driveway approach;
d. Reconstruction of one-half street pavement section;
e. Construction of street trees, tree wells and irrigation at 40 feet on center;
f. Construction of traffic control, stripes and signs;
g. Installation of streetlights, conduits, conductors and related facilities in accordance with
the City of Campbell's Street Lighting Policies;
h. Construction of off-site storm drainage facilities;
Planning Commission Rest, ~.ion No. 3435
PLN2002-31 - 206 Shelley Avenue - Tentative Subdivision Map
Page 4
i. Clearance from the City of San Jose, as necessary;
j. Construction of conforms to existing public and private improvements, as necessary.
11. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer
cleanout(s) shall be installed on private property behind the public right-of-way line.
12. Soils Report: Prior to issuance of any grading or building permits for the site, applicant shall
provide a soils report prepared by a registered geotechnical or civil engineer.
13. Utilities: All new on-site utilities shall be installed underground per Section 20.36.150 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. Utilitv Installation Plan: Prior to issuance of building permits for the site, the applicant shall
submit a utility installation coordination plan and schedule for approval by the City Engineer
for installation of street improvements and/or abandonment of all utilities. Streets which
have been resurfaced within the previous 5 years will require boring and jacking for all new
utility installations. Applicant shall also prepare pavement restoration plans for approval by
the City Engineer prior to any utility installation or abandonment.
15. Grading and Drainage Plan: Prior to issuance of any grading or building permits for the site,
the applicant shall conduct hydrology studies based on a 10 year storm frequency, prepare an
engineered grading and drainage plan, and pay fees required to obtain necessary grading
permits. The plans shall comply with the 1998 edition of the California Building Code
including Chapters 10, 11, 18,33, and Appendix Chapter 33.
16. Storm Drain Area Fee: Prior to recordation of the final map, the applicant shall pay the
required Storm Drain Area fee, which is $960.00.
17. Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building
permits, the applicant shall comply with the National Pollution Discharge Elimination
System (NPDES) permitting requirements and the California Storm Water Best Management
Practices Handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley
Water District and the City of Campbell Municipal Code regarding storm water pollution
prevention.
The City will provide the applicant with information to assist in complying with this
condition of approval. The primary objective is to improve the quality and reduce the
quantity of storm water runoff to the Bay.
Planning Commission Resolution No. 3435
PLN2002-31 - 206 Shelley Avenue - Tentative Subdivision Map
Page 5
PASSED AND ADOPTED this 28th day of May, 2002, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Alderete, Doorley, Francois, Gibbons and Jones
None
Hernandez
None
APPRO --::-- --1 ~ ~t/)
VI@.: TO~ :ncois, Chair
/d~~
Sharon Fierro, Secretary
.-
ITEM NO.3
CAMPBELL
~
STAFF REPORT. PLANNING COMMISSION MEETING OF
May 28, 2002
PLN2002.31 (TS)
Carroll
Engineering
Public Hearing to consider the application of Carroll Engineering, on behalf
of Ms. Vivian Bracher and Mr. Robert Dubcich, to allow approval of a
tentative subdivision creating six townhome lots and one common lot on
property located at 206 Shelley A venue in a P-D (Planned Development)
Zoning District.
STAFF RECOMMENDATION
That the Planning Commission takes the following actions:
1. Recommend that the City Council grant a Negative Declaration for this project based
upon the attached findings;
2. Adopt a Resolution incorporating the attached findings, recommending that the City Council
approve the Tentative Subdivision Map (PLN 2002-31), subject to the attached Conditions of
Approval.
ENVIRONMENTAL DETERMINATION
In accordance with California Environmental Quality Act (CEQA), the City conducted an Initial
Study for this project. The results of the study determined that no significant impacts would be
created as a result of this project. Based upon the information provided in the environmental
assessment, Staff recommends that the Planning Commission recommend that the City Council
adopt the Negative Declaration prepared for this project. The Initial Study and the findings in
support of the Negative Declaration are included as an attachment to this report.
PROJECT DATA
Gross Lot Area:
Net Lot Area:
Project Density:
.54 acres
.48 acres
23,480 square feet
20,790 square feet
11.1 units per gross acre
Adjacent Land Uses
North: Residential townhouse development
South: Commercial Center
East: Two Story Office Building
West: Residential townhouse development
--..
Staff Report - Planning Cormm~"lon Meeting of May 28, 2002
PLN2002-31 - 206 Shelley A venue - Tentative Subdivision Map
.~.~~.~..~........,...........................,..,......,.....................................,....,.,...,..,.....................................,....................,..,.....,........................................,.........,.......................................................................................
DISCUSSION
Background: The City Council on July 3, 2001, introduced Ordinance No. 2008 approving a
Zone Change on the project site from R-M-S to P-D Planned Development and adopted
Resolution No. 9889 approving a Planned Development Permit to allow the construction of a six
(6) unit townhouse development on property located at 206 Shelley Avenue. Condition No. 26
and 27 of the Planned Development Permit approval required the applicant to file and process a
tract map.
Applicant's Proposal: The applicant, Carroll Engineering, is requesting approval of a tentative
subdivision map (PLN 2002-31) to allow the creation of six (6) townhouse lots and one common
lot at 206 Shelley A venue. The subject property is located on the south side of Shelley A venue,
one parcel west of South Bascom Avenue on the border of Campbell and San Jose.
ANALYSIS
General Plan Designation: The General Plan land use designation for the project site is Low-
Medium Density Residential (6-13 units per gross acre). The proposed map will create six
townhome lots at a density of 11.1 units per gross acre, which is within the density range allowed
for the site. Therefore, the proposed project is consistent with the General Plan.
Zoning Designation: The zoning designation for the project site is P-D (Planned Development)
The proposed map allows the creation of six townhome lots and a common lot for access and
landscaping consistent with the approved Planned Development Permit.
Site and Architectural Review Committee: The Site and Architectural Review Committee did not
review the proposed map.
Attachments:
1. Recommended Findings for PLN2002-31 (Tentative Subdivision Map)
2. Conditions of Approval for PLN2001-31 (Tentative Subdivision Map)
3. Reduced Map (Exhibit)
4. City Council Resolution
5. Initial StudylEnvironmental Documentation
6. Location Map
Prepared by:
~~~
Tim Haley, Associate Planner
Approved by:
Geoff I. Bradley, Senior Planner
Attachment #1
FINDINGS FOR APPROVAL OF PLN2002-31 (Tentative Subdivision Map)
SITE ADDRESS:
APPUCANT:
P.C. MEETING:
206 Shelley A venue
Carroll Engineering
May 28, 2002
Findings for Approval of a Tentative Subdivision Map to allow the creation of six town home lots
and a common lot on property located at 206 Shelley A venue.
The Planning Commission finds as follows with regard to File No. PLN2002-31:
1. The proposed creation of six residential parcels and a common lot is consistent with the
General Plan.
2. The proposed Tentative Subdivision Map is consistent with the Planned Development Zoning
Ordinance.
3. The shape and orientation of the lots facilitates solar access.
4. The tentative subdivision map has been distributed to local agencies, including Pacific Gas
and Electric, AT&T Broadband, 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 parcels.
5. The project is not located in a particularly sensitive environment; and no substantial evidence
has been presented to suggest that there is a reasonably possibility that significant
environmental impacts would result from the project due to unusual circumstances or from
the cumulative impacts of successive projects of the same type in the same place.
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The proposed tentative subdivision map is consistent with the General Plan.
2. The proposed tentative subdivision 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.
3. The design of the tentative subdivision map provides, to the extent feasible, for future passive
or natural heating and cooling opportunities.
4. The development and uses would be compatible with the General Plan of the City and will
aid in the harmonious development of the immediate area.
5. There is a reasonable relationship and a rough proportionality between the Conditions of
Approval and the impacts of the project.
Attachment #2
CONDITIONS OF APPROVAL FOR PLN2002-31 (TENTATIVE SUBDIVISION MAP)
SITE ADDRESS:
APPUCANT:
P.C. MEETING:
206 Shelley A venue
Carroll Engineering
May 28, 2002
The applicant is hereby notified, as part of this application, that he/she is required to meet the
following conditions in accordance with the ordinances of the City of Campbell and the State of
California. The lead department with which the applicant will work is identified on each
condition where necessary. 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
Plannine: Division
1. Approved Proiect: Approval is granted to construct six (6) town home lots and a common lot.
The lot design shall substantially conform to the project exhibits listed below, except as may
be modified by the Conditions of Approval herein:
a. Tentative Subdivision Map prepared by Carroll Engineering, Engineering and Surveyors
dated December 19, 2001.
2. Covenants, Codes and Restrictions (CC&Rs): The applicant shall be required to submit for
review and approval by the City Attorney and Community Development Director a copy of
the CC&Rs which shall provide for the formation of a homeowner's association to ensure the
long-term maintenance of the access driveway and associated landscaping.
3. Park Impact Fee: A park impact fee of $7,035 per unit is due upon development of the site.
Credit in the amount of $10,990 will be given for the prior single-family residence removed
on the lot (Demolition Permit issued January 22, 2001), if less than two years from the date
of fee payment. Prior to recordation of the final subdivision map, 75% of this fee is due. The
remaining 25% is due prior to issuance of a certificate of building occupancy.
PUBLIC WORKS DEPARTMENT
4. Final Map: Prior to issuance of any grading or building permits for the project, the applicant
shall submit a Final Map for review by the City and recordation, upon approval by the City
Council. The current plan check fee is $1,570.00 plus $25 per lot.
5. Preliminary Title Report: Prior to recordation of the Tract Map, the applicant shall provide a
current Preliminary Title Report.
Conditions of Approval for PL1'l2002-31 (Tentative Subdivision Map)
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6. Right-of-Wav for Public Street Purposes: Upon recordation of the Final Map, the applicant
shall cause additional right-of-way to be granted for public street purposes along the Shelley
Avenue frontage to accommodate a 30-foot half street for a total width of 60 feet. 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.
7. Public Service Easement and Sidewalk Easement: Upon recordation of the final map, the
applicant shall grant a lO-foot public service easement and sidewalk easement on private
property contiguous with the public right-of-way along the Shelley A venue frontage. 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.
8. Private Easements: Upon recordation of the final map, the applicant shall cause private
easements to be recorded for private utilities, private storm drains, reciprocal ingress and
egress, emergency vehicles, etc.
9. Monumentation for Final Map: Prior to recordation of the final map, the applicant shall
provide security for setting all monuments shown on the map.
11. Street Improvements: Upon recordation of the final map, the applicant shall execute a street
improvement agreement and shall 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 fee for a non-utility
encroachment permit application is currently $255.00. The plans shall include the following:
a. Removal of existing driveway approach;
b. Removal of existing curb, gutter and sidewalk, as necessary;
c. Construction of new curb, gutter, sidewalk and ADA compliant driveway approach;
d. Reconstruction of one-half street pavement section;
e. Construction of street trees, tree wells and irrigation at 40 feet on center;
f. Construction of traffic control, stripes and signs;
g. Installation of streetlights, conduits, conductors and related facilities in accordance with
the City of Campbell's Street Lighting Policies;
h. Construction of off-site storm drainage facilities;
i. Clearance from the City of San Jose, as necessary;
j. Construction of conforms to existing public and private improvements, as necessary.
12. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer
cleanout(s) shall be installed on private property behind the public right-of-way line.
13. Soils Report: Prior to issuance of any grading or building permits for the site, applicant shall
provide a soils report prepared by a registered geotechnical or civil engineer.
Conditions of Approval for PL1'l2002-31 (Tentative Subdivision Map)
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14. Utilities: All new on-site utilities shall be installed underground per Section 20.36.150 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
compames.
15. Utili tv Installation Plan: Prior to issuance of building permits for the site, the applicant shall
submit a utility installation coordination plan and schedule for approval by the City Engineer
for installation of street improvements and/or abandonment of all utilities. Streets which
have been resurfaced within the previous 5 years will require boring and jacking for all new
utility installations. Applicant shall also prepare pavement restoration plans for approval by
the City Engineer prior to any utility installation or abandonment.
16. Grading and Drainage Plan: Prior to issuance of any grading or building permits for the site,
the applicant shall conduct hydrology studies based on a 10 year storm frequency, prepare an
engineered grading and drainage plan, and pay fees required to obtain necessary grading
permits. The plans shall comply with the 1998 edition of the California Building Code
including Chapters 10, 11, 18,33, and Appendix Chapter 33.
17. Storm Drain Area Fee: Prior to recordation of the final map, the applicant shall pay the
required Storm Drain Area fee, which is $960.00.
18. Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building
permits, the applicant shall comply with the National Pollution Discharge Elimination
System (NPDES) permitting requirements and the California Storm Water Best Management
Practices Handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley
Water District and the City of Campbell Municipal Code regarding storm water pollution
prevention.
The City will provide the applicant with information to assist in complying with this
condition of approval. The primary objective is to improve the quality and reduce the
quantity of storm water runoff to the Bay.