PC Res 4055RESOLUTION N0.4055
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL RECOMMENDING APPROVAL OF A
TENTATIVE PARCEL MAP (PLN3011-167) TO SUBDIVIDE THE
PARCEL INTO TWO LOTS ON PROPERTY LOCATED AT 1075
FLORENCE WAY IN THE M-1 (LIGHT INDUSTRIAL) ZONING
DISTRICT. FILE NO.: PLN2011-167.
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 PLN2011-167:
Environmental Finding
1. The project qualifies as Categorically Exempt under Section 15332, Class 32, of the
California Environmental Quality Act (CEQA), pertaining to infill development and under
Section 15315, Class 15, pertaining to the division of property in urbanized areas into
four or fewer parcels.
Evidentiary Findings
1. The proposed Tentative Parcel Map will result in the creation of two lots were one lot is
currently located.
2. The proposed Tentative Parcel Map is consistent with the development standards of the
P-D zone district.
3. The proposal is consistent with all applicable requirements for a Tentative Parcel as
specified by Campbell Municipal Code Section 20.16.035, specific to developments
within the P-D zoning district.
4. Each new lot created has adequate access to a public right-of-way utilizing an existing
private ingress/egress easement allowable through development under P-D zoning.
5. 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 concern about
providing services to the lots, as conditioned.
Based on the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The proposed Tentative Parcel Map is consistent with the proposed General Plan and
Zoning Ordinance of the City.
Planning Commission Resolution No. 4055
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2. 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.
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.
THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval of
a Tentative Parcel Map (PLN2011-167) to subdivide a parcel into two lots an property
located at 1075 Florence Way.
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. Where approval by the Community Development Director, 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:
Approved Project: Approval is granted for a Tentative Parcel Map (PLN2011-167) to
subdivide the subject parcel into two lots in conjunction with a Zoning Change
(PLN2011-166), Planned Development Permit (PLN2011-168), and Parking Modification
Permit (PLN2012-69) on property located at 1075 Florence Way. The Final Map shall
substantially conform to the Tentative Parcel Map prepared by Sierra West Land
Surveying, Inc. and dated as received by the Planning Division on March 29, 2012,
except as may be modified by the Conditions of Approval herein.
2. Approval Expiration: The Tentative Parcel Map approval is valid for a period of two
years from the date of final City Council approval unless an extension is granted prior to
the expiration date. Recordation of a Final Map must occur within this two-year period.
3. Planned Development Permit: The Tentative Parcel Map is contingent upon the Planned
Development Permit (PLN2011-168). A Final Map may not be recorded if the Planned
Development Permit expires or is revoked by the City Council.
Planning Commission Resolution No. 4055
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4. Reciprocal Ingress/Egress Easement and Ongoing Maintenance: The applicant shall
prepare for review and approval by the City a reciprocal ingress/egress easement and
ongoing maintenance agreement to be recorded against the existing and proposed
parcels to ensure adequate vehicular and pedestrian access and ongoing maintenance
responsibilities.
5. Site Grading: The applicant shall limit the amount of on-site grading to the minimum
necessary to achieve proper site drainage. An increase of on-site grading that creates a
grade differential between properties that requires a retaining wall in excess of one foot
is prohibited.
6. Pad Certification: Following site grading and prior to preparation of individual building
pad forms, the following improvements shall be certified by a licensed land surveyor and
reviewed by the Community Development Director to determine consistency with the
Planning Commission approved plan (grade, pad and drainage).
7. Demolition of Structures: Prior to recordation of the Subdivision Map the applicant shall
obtain a building permit for the demolition of all non-conforming structures.
8. Property Maintenance: The property is to be maintained free of any combustible trash,
debris and weeds until the time that actual construction commences.
9. Fences/Walls: Any newly proposed fencing and/or walls shall comply with Section
21.18.060 of the Campbell Municipal Code and shall be submitted for review and
approval by the Community Development Department.
10. Compliance with Other Regulations: The applicant shall comply with other state, county,
and city ordinances that pertain to the proposed project and where they are conducted.
PUBLIC WORKS DEPARTMENT
11. 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 digital format acceptable to the City.
12. Preliminary Title Report: Upon submittal of the tract map, the applicant shall provide a
current (within the past 6 months) Preliminary Title Report.
13. Right-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 Sunnyoaks Avenue frontage to accommodate
10 feet of right of way from face of curb to back of walk, unless otherwise approved by
the City Engineer. The applicant shall submit the necessary documents for approval by
the City Engineer, process the submittal with City staff's 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.
Planning Commission Resolution No. 4055
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14. Public Service Easement: Upon recordation of the parcel map, the applicant shall grant
a five foot public service easement on private property contiguous with the public right-
of-way along the Sunnyoaks Avenue frontage, unless otherwise approved by the City
Engineer. 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.
15. Private Easements: Upon recordation of the parcel map, the applicant shall cause
private easements to be recorded for private utilities, private storm drains, reciprocal
ingress and egress, emergency vehicles, etc.
16. Demolition: Prior to recording of the parcel map, the applicant shall obtain a Demolition
Permit and remove any nonconforming structures.
17. Monumentation for Parcel Map: Prior to recordation of the parcel map, the applicant
shall provide a cash deposit for setting all monuments shown on the map. Monuments
shall be set per section 20.76.010 of the Campbell Municipal Code.
18. 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.
19. 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 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.
20. Storm Drain Area Fee: Prior to recordation of the parcel map, the applicant shall pay the
required Storm Drain Area fee currently set at $2,650.00 per net acre, which is
$2,180.00.
21. Deferred Street Improvement Agreement: Prior to recordation of the parcel map, the
owner shall execute a deferred street improvement agreement for construction of
standard street improvements. Unless otherwise approved by the City Engineer, these
improvements shall include, but are not limited to, removal of existing driveway, related
sidewalk and curb and gutter and installation of an ADA compliant driveway, sidewalk,
and curb and gutter, necessary drainage facilities and necessary conforms to existing
improvements.
22. Utilities: All new 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.
23. Underground Street Frontage Utilities: All overhead utility lines along the project's public
street frontages shall be installed underground per Section 21.18.140 of the Campbell
Municipal Code. Applicant shall comply with all utility applications, plan submittals,
Planning Commission Resolution No. 4055
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permitting, and fee requirements of the serving utility companies. In lieu of immediate
undergrounding of the public street frontage, the City Engineer may allow the applicant
to execute an agreement to participate in an underground utility program, should the City
establish such a program within the next seven years. The owner shall post required
security with the City to insure participation in the underground utility program.
24. 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.
25. Utility Coordination Plan: Prior to issuance of building permits for the site, 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.
26. 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.
Sunnyoaks Avenue has not been resurfaced during the last five 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.
27. Street Improvements: 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. Relocation of all existing facilities, including utility boxes, covers, poles, etc. outside
the sidewalk area. No utility boxes, covers, poles, etc. will be allowed in the sidewalk
area.
c. Installation of City approved street trees, tree wells, and irrigation.
d. Installation of City standard curb, gutter, sidewalk.
e. Installation of street lights, conduits, conductors, and related facilities in accordance
with the City of Campbell's Street Lighting Policies.
f. Installation of traffic controls, stripes, and signs.
g. Construction of conforms to existing public and private improvements as necessary.
h. Submit final plans in a digital format acceptable to the City.
Planning Commission Resolution No. 4055
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28. Maintenance of Landscaping: Current and future owner(s), 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.
29. Utility Encroachment Permit: Separate 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 permits for sanitary sewer, gas, water,
electric, and all other utility work.
30.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 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.
31. 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. Specifically
the project must include source control, site design and treatment measures to achieve
compliance with Provision C.3. of the NPDES Permit. Measures may include, but are not
limited to, minimization of impervious surface area, vegetated swales, infiltration areas,
and treatment devices. 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.
Upon submission of the tentative vesting map, the applicant shall calculate and submit t
the City the amount of impervious surface created by the development including the
types of stormwater controls to be used. The applicant shall submit preliminary sizing
and design showing stormwater controls meet the City's requirements.
Prior to recordation of the parcel map:
a. The applicant's designer or engineer shall submit the required certification indicating
that sizing, selection, and design of treatment BMP's for the project site has been
completed to meet the requirements of the City of Campbell's NPDES permit, No. 01-
119, Provision C.3.
Planning Commission Resolution No. 4055
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b. The applicant shall sign the "Covenants for the Operation and Maintenance of
Stormwater Facilities" and submit a Stormwater Management Plan.
Prior to occupancy:
a. A qualified BMP certifier is required to inspect the stormwater management facilities,
submit a complete set of as-built drawings to Public Works Engineering, and certify
on these drawings that:
1. The stormwater management facilities were constructed in compliance with the
approved plans.
2. The as-built drawings show all pertinent constructed dimensions, elevations,
shapes, and materials.
3. All variations in construction from the approved design plan have been identified,
including omissions to and additions from the approved plan.
4. Any changes are in conformance with local, state, or federal regulations.
b. The applicant shall provide security for the operation and maintenance of stormwater
pollution prevention measures installed or provided as a part of this project.
The applicant shall also comply with any other or new conditions as required by the City
of Campbell's most current NPDES permit.
32.Occupancy and Building Permit Final: Prior to allowing occupancy and/or final building
permit signoff for any and/or all buildings, the applicant shall have the required street
improvements installed and accepted by the City, and the design engineer shall submit
as-built drawings to the City.
PASSED AND ADOPTED this 10t"day of April, 2012, by the following roll call vote:
AYES: Commissioners
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
Brennan, Gibbons, Resnikoff, Reynolds and Roseberry
None
Alster and Ebner
None
APPROVED:
l
ATTEST:
Kirk ric s, Secretary
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Philip C. Re olds, cti C air