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PC Res 4181RESOLUTION NO. 4181 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP (PLN2013-135) TO CREATE FOUR RESIDENTIAL LOTS AND ONE COMMON LOT ON PROPERTY LOCATED AT 705 W. HACIENDA AVENUE. After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. The Planning Commission finds as follows with regard to File No. PLN2013-135: Environmental Finding 1. This project is Categorically Exempt under Section 15303, Class 3 (b) of the California Environmental Quality Act (CEQA) pertaining to the construction of four dwelling units and Section 15315, Class 15, of the California Environmental Quality Act (CEQA) pertaining to the division of property in urbanized areas into four or fewer developable parcels when the division is in conformance with the City's General Plan and Zoning Code. Evidentiary Findings 1. The proposed project ("project") includes a Planned Development Permit (PLN2013- 134) to allow the construction of four duet-style townhomes, a Tentative Subdivision Map (PLN2013-135) to create four residential lots and one common lot, Tree Removal Permit (PLN2014-103) to allow for the removal of fifteen trees, and Parking Modification Permit (PLN2014-194) to allow for two uncovered parking spaces to be provided in lieu of two covered parking spaces, on property located at 705 W. Hacienda Avenue). 2. The project site is a .34 net acre property. 3. The project site is generally located on the north side of W. Hacienda Avenue, between Virginia Avenue to the west and Capri Drive to the east. 4. The project site is zoned P-D (Planned Development). 5. The project site is designated Low to Medium Density Residential (6-13 units/Gr. Acre). The entire project site is within the boundaries of the San Tomas Area Neighborhood Plan. 6. The proposed Tentative Subdivision Map may be approved concurrently, and subject to, a Planned Development Permit, Tree Removal Permit, and Parking Modification Permit . Planning Commission Resolution No. 4181 Recommeding a Tentative Subdivision Map File No.: PLN2013-135 Page 2 7. The proposed Tentative Subdivision Map will allow creation of privately held parcels for fee title ownership as well as common parcels to be improved with private roadways, pedestrian pathways, guest parking spaces, and landscaping. 8. The proposed residential land use, at a density of 9.43 units/gr. acre, is consistent with the allowable land use and maximum density permitted by the Low to Medium Density Residential (6-13 units/gr. acre) General Plan land use designation. 9. The Tentative Subdivision 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. Specific comments from local agencies have been incorporated as Conditions of Approval. 10. The provisions of the Covenants, Conditions and Restrictions are necessary to ensure the long-term property maintenance and continued architectural integrity of the project. 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 and Zoning Ordinance of the City. 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 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. Planning Commission Resolution No. 4181 Recommeding a Tentative Subdivision Map File No.: PLN2013-135 Page 3 THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval of a Tentative Subdivision Map (PLN2013-135) to create four residential lots and one common lot, subject to the attached recommended Conditions of Approval (attached Exhibit A). PASSED AND ADOPTED this 9th day of December, 2014, by the following roll call vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners ABSTAIN: Commissioners: ATTEST: Finch, Dodd, Kendall, Reynolds, Rich and Young None None None APPROVED: Pamela Fin air Paul Kerrhls~an, Secretary EXHIBIT A RECOMMENDED CONDITIONS OF APPROVAL Tentative Subdivision Map (PLN2013-135) 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 Subdivision Map (PLN2013-135) to create four residential lots and one common lot, in conjunction with, and subject to a Planned Development Permit (PLN2013-134) to allow the construction of four duet- style townhomes, Tree Removal Permit (PLN2014-103) to allow for the removal of fifteen trees, and Parking Modification Permit (PLN2014-194) to allow for two uncovered parking spaces to be provided in lieu of two covered parking spaces, on property located at 705 W. Hacienda Avenue The Tract Map shall substantially conform to the Tentative Subdivision Map (and associated civil sheets), included within the Project Plans (Sheet TM), dated as received by the Planning Division on September 23, 2014, except as may be modified by the Conditions of Approval herein and as necessary to maintain consistency with the Condition of the Planned Development Permit. 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. Recordation of a Tract Map must occur within this two-year period. 3. Indemnity: If determined necessary by the Community Development Director, the applicant shall enter into an agreement satisfactory to the City Attorney to indemnify and defend the City of Campbell, its officers, officials, employees, and agents from any and all actions, liabilities, losses, and torts, including attorney's fees arising out of or connected unto any challenge to the decision of the City Council on this application. Such agreement shall be executed within the 30 days of the Community Development Director's decision to require it. 4. Planned Development Permit: The Tentative Subdivision Map is contingent upon approval of the Planned Development Permit (PLN2013-134). A Tract Map may not be recorded if the Planned Development Permit expires or is revoked by the City Council. 5. Park Impact Fee: A park impact fee is due upon development of the site, based on the development density of 6 to 13 units per gross acre, less credit for the one legally constructed unit. Prior to recordation of the Tract Map, 75% of this fee is due. The Recommended Conditions of Approval Planned Development Permit - PLN2013-134 Paae 2 remaining 25% is due prior to issuance of a certificate of building occupancy. The fee is currently set at $10,185 per unit. This fee is subject to change and the fee in effect at the time of payment shall be the fee due. 6. Demolition of Structures: Prior to recordation of the Tract Map the applicant shall obtain a demolition permit for the demolition of all existing structures. The following measures shall be implemented during the demolition process: • The project applicant shall ensure that construction plans include the BAAQMD Best Management Practices for fugitive dust control. The following will be required for all construction activities within the project area. These measures will reduce fugitive dust emissions primarily during soil movement, grading and demolition activities, but also during vehicle and equipment movement on unpaved project sites: a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. b. All haul trucks transporting soil, sand, or other loose material off-site shall be covered. c. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. d. All vehicle speeds on unpaved roads shall be limited to 15 mph. e. All streets, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. f. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne tox.ics control measure Title 13, Section 2485 of CCR). Clear signage shall be provided for construction workers at all access points. g. All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. h. A publicly visible sign shall be posted with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. BAAQMD's phone number shall also be visible to ensure compliance with applicable regulations. 7. 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. Recommended Conditions of Approval Planned Development Permit - PLN2013-134 Page 3 8. Covenants, Codes and Restrictions (CC&R's): Prior to issuance of recordation of the Tract Map, the applicant shall submit for review and approval by the City a copy of the draft CC&R's which shall include the following: a. Formation of a Homeowner's Association to ensure the long-term maintenance of 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. d. Provision which shall define the rights of use, allowable landscape or open space improvements. e. Provision of a funding mechanism to ensure maintenance and upkeep of common areas. f. Provision to provide ongoing maintenance of the required private roadways, fences and landscaping as necessary. Graffiti shall be removed from fences within a reasonable period of time. g. Provision that requires ongoing maintenance of the landscaped park strip and trees 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. h. Provision for regular monitoring and maintenance of the stormwater system, in accordance with the manufacturer's recommendations. i. Provision for regular monitoring and maintenance of the private sanitary system as described by the designing engineering, and as approved by the City Engineer. j. Provision to prohibit the use of outside parking spaces for storage purposes, including boats, trailers, and recreational vehicles. k. Provision to prohibit vehicle washing, and vehicle repair and maintenance activities in the project site, including, but not limited to garages and common parking areas. I. Provision that requires that all landscaping be maintained as depicted on the final landscaping plan. m. Provision guaranteeing equal access to all common facilities and amenities by all residents (renters and homeowners) of the project. n. Provision requiring garages to remain free and clear to allow for parking of vehicles. Public Works Department 9. Response Letter: Upon submittal of the Final Map, the Street Improvement Plans and the Grading and Drainage Plans, the applicant shall provide an itemized response letter verifying that all the Public Works Conditions of Approval have been met or addressed. Recommended Conditions of Approval Planned Development Permit - PLN2013-134 Page 4 10. Tentative Map: The applicant shall submit a complete and accurate tentative map in accordance with the Planning Division's checklist. 11. Final (Tract) 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, pay various fees/deposits and submit the map in a digital format acceptable to the City. 12. Covenants, Conditions, and Restrictions: Provide copies of CC&Rs for review by the City prior to recordation of the Final Map and CC&Rs. Maintenance of the drainage system and the pervious AC driveway shall be part of the CC&Rs -- See Condition 24. Stormwater Pollution Prevention Measures. 13. Preliminary Title Report: Upon submittal of the Final Map, the applicant shall provide a current (within the past 6 months) Preliminary Title Report. 14. Right-of-Way for Public Street Purposes: Upon recordation of the Final Map, the applicant shall grant in fee an additional 25 feet of right-of-way for public street purposes along the Hacienda Avenue frontage as shown on the Tentative Map. 15. Public Service Easement: Upon recordation of the Final Map, the applicant shall grant a 10 foot public service easement (as shown on the Tentative Map) on private property contiguous with the public right-of-way along the Hacienda Avenue frontage, unless otherwise approved by the City Engineer. 16. 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. 17. Demolition: Prior to recordation of the Final Map the applicant shall obtain a demolition permit and remove any nonconforming structures. 18. Monumentation for Final Map: Prior to recordation of the Final 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 including but not limited to setting permanent pipe monuments (three-fourths inch galvanized steel pipe two feet long approximately six inches below finished grade) at each boundary of all lot corners within a subdivision, along the exterior boundary lines at intervals of approximately five hundred feet and at all beginning of curves and ending of curves on property lines, and monument boxes at intersections of all street monument line tangents. 19. Soils Report: Upon submittal of the Final Map, applicant shall provide a soils report prepared by a registered geotechnical or civil engineer. 20. Grading and Drainage Plan: Prior to recordation of the Final Map, 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 Recommended Conditions of Approval Planned Development Permit - PLN2013-134 Page 5 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. 21. Storm Drain Area Fee: Prior to recordation of the Final Map, the applicant shall pay the required Storm Drain Area fee, currently set at $2,385 per net acre, which is $822 (set for multi family land use). 22. 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. 23. Utility locations shall not cause damage to any existing street trees. Where there are utility conflicts due to established tree roots or where a new tree will be installed, alternate locations for utilities shall be explored. Include utility trench details where necessary. 24. Water Metert'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. One the construction of the Hacienda Green Streets project is complete, the applicant will be required to bore and jack all new utility installations. 27. Street Improvement Agreements /Plans /Encroachment Permit /Fees /Deposits Prior to 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 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. Recommended Conditions of Approval Planned Development Permit - PLN2013-134 Page 6 b. Relocation of all existing utilities including utility boxes, covers, poles, etc. outside of sidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk area. c. Removal of existing driveway approach and necessary sidewalk, curb and gutter. d. Modification of newly constructed Bio-treatment facilities to accommodate new driveway location and closure of old driveway. e. Installation of City approved street trees. f. Installation of asphalt concrete overlay per street pavement restoration plan for utility installation and/or abandonment, as required by the City Engineer. g. Construction of conforms to existing public and private improvements, as necessary. Submit final plans in a digital format acceptable to the City. 28. Street Improvements Completed for 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 and pavement restoration installed and accepted by the City, and the design engineer shall submit as-built drawings to the City. 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 any 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. 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: Recommended Conditions of Approval Planned Development Permit - PLN2013-134 Paae 7 A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. While this project has been determined to not be a "Regulated Project" for compliance with section C.3 of the Municipal Regional Permit, primarily as a result of using a pervious AC driveway, the owners of this project will be required through the CC&R's or a Deed Restriction to maintain the driveway as pervious area in perpetuity. 32. Coordination with Capital Improvement/Other Projects: The applicant shall coordinate project with City's Hacienda Green Street Project, currently under construction. 33. Reimbursements: Prior to recordation of the Final Map, the applicant shall pay the City of Campbell $32,443 for the construction of the property frontage improvements with the City's Hacienda Green Streets Project. 34. Plan Lines: Prior to issuance of any grading or building permits for the site, the applicant shall provide a plan layout showing the correct distance from the street centerline to the property line, dimensions of sidewalk and other relevant information in the public right of way. West Valley Sanitation 35. Sewer connection: The applicant will be required to abandon all existing sewer connections and construct a new privately maintained sewer system for the development. This private sewer system must be designed and constructed to the district's public sewer standard. Pursuant to district ordinance, code Section 10.130 the applicant is required to pay all applicable fees prior to the issuance of a "Non- interference" letter for the recordation of the final map.