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PC Res 3550 RESOLUTION NO. 3550 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A TENTATIVE PARCEL MAP (PLN2003-150) TO CREATE FOUR LOTS AND A COMMON DRIVE ON PROPERTY OWNED BY MR. QUE NADER LOCATED AT 549 W. RINCON AVENUE IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICA nON OF MR. QUE NADER. FILE NO. PLN2003-150. 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 PLN2003-150: 1. The proposed creation of four residential lots and one common lot is consistent with the Medium Density Residential (14-20 units per gross acre) General Plan land use designation for the property. 2. The proposed Tentative Parcel Map is consistent with the Planned Development Zoning Ordinance. 3. The provisions of the Covenants Conditions and Restrictions are necessary to ensure the long-term maintenance of the common access driveway and landscaping. 4. 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 proposed lots. 5. The project qualifies as Categorically Exempt under Section 15315, Class 15 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 General Plan and Zoning Ordinance of the City. 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 design of the Tentative Parcel Map provides, to the extent feasible, for future passive or natural heating and cooling opportunities. ~ .... t' Planning Commission Resolution No. 3550 PLN2003-150 - 549 W. Rincon Avenue -- Tentative Parcel Map Page 2 4. The development and uses will 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. 6. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 7. 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. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval of a Tentative Parcel Map (PLN2003-150) to create four lots and a common drive on property owned by Mr. Que Nader located at 549 W. Rincon 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. COMMUNITY DEVELOPMENT DEPARTMENT Plannin!! Division I. Approved Project: Approval is granted for a Tentative Subdivision Map to create five residential lots and one common lot at 213 W. Rincon Avenue. The Subdivision Map shall substantially conform to the Tentative Subdivision Map prepared by SMP Company, Civil Engineer and dated November 17, 2003, except as may be modified by the conditions of approval herein. 2. Approval Expiration: The Tentative Subdivision 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. 3. Subdivision Map: The Planned Development Permit approval is contingent upon recordation of the Subdivision Map to divide the subject property. The Final Map shall be recorded prior to the issuance of building permits. 4. Covenants. Codes and Restrictions (CC&Rs): Prior to recordation of the Subdivision Map and CC&R's, the applicant shall submit for review and approval by the City Attorney and ~. . ... t' Planning Commission Resolution No. 3550 PLN2003-150 - 549 W. Rincon Avenue -- Tentative Parcel Map Page 3 Community Development Director a copy of the draft CC&Rs which shall include the following: a. The formation of a homeowner's association to ensure the long-term maintenance of the buildings and property. b. Continued architectural controls to ensure the architectural integrity of the project. c. Definition of common areas to be maintained and provision of maintenance for these areas, including the common access driveway. d. Provision of a funding mechanism to ensure maintenance and upkeep of common areas and shared building walls and roofs to be repaired, repainted, and/or replaced as necessary. e. Provision for the availability of an interior garage space for the parking of two vehicles at all times. f. Provision to prohibit the use of parking spaces for storage purposes, including boats, trailers, and recreational vehicles. g. The on-site sewer shall be privately maintained. 5. 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 existing single-family residence. 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. 6. 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 be demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). PUBLIC WORKS DEPARTMENT 7. Tentative Map: The applicant shall submit a tentative map for review by the City. The current application processing fee is $4,170.00. 8. 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 $3,200 plus $35 per parcel. 9. Preliminary Title Report: Upon submittal of the tentative map, the applicant shall provide a current Preliminary Title Report. l' Planning Commission Resolution No. 3550 PLN2003-150 - 549 W. Rincon Avenue -- Tentative Parcel Map Page 4 10. 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. 11. Monumentation for Final Map: Prior to recordation of the final map, the applicant shall provide security for setting all monuments shown on the map. 12. Street Improvements: Upon recordation of the final 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: a. Removal of curb, gutter, sidewalk and driveway approach. b. Installation of curb, gutter, sidewalk and ADA compliant driveway approach. c. Construction of conforms to existing public and private improvements, as necessary. 13. Occupancy: Prior to allowing occupancy for any and/or all buildings, the applicant shall have the required Street Improvements installed and accepted by the City. 14. Water Meter(s) and Sewer Cleanout(s): Proposed water meter(s) and sewer cleanout(s) shall be installed on private property behind the public right-of-way line. 15. 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. 16. 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. 17. 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. Streets that have been resurfaced within the previous five 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. 18. 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. The plans shall comply with the 1998 edition of the California Building Code including Chapters 10, II, 18,33, and Appendix Chapter 33. l' Planning Commission Resolution No. 3550 PLN2003-150 - 549 W. Rincon Avenue -- Tentative Parcel Map Page 5 19. Storm Drain Area Fee: Prior to recordation of the final map, the applicant shall pay the required Storm Drain Area fee of $2,250.00 per net acre, which is $825.00. 20. 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 Manual for Storm water 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. 21. Covenants. Conditions. and Restrictions: Provide copies of CC&Rs for review by the City prior to recordation of the final map and CC&Rs. 22. Demolition: Prior to recording of the final map the applicant shall obtain a demolition permit and remove any nonconforming structures. PASSED AND ADOPTED this 23rd day of March, 2004, by the following roll call vote: AYES: Commissioners: Alderete, Doorley, Francois, Gibbons, Hernandez, Rocha and Roseberry NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None APPROVED: ATTEST: Á ~ /' Sharon Fierro, Secretary ~ . ... l'