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PC Res 3576 RESOLUTION NO. 3576 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A TENTATIVE PARCEL MAP (PLN2004-15) TO ALLOW THE DNISION OF A PARCEL INTO TWO RESIDENTIAL LOTS ON PROPERTY OWNED BY MR. DONALD CALL LOCATED AT 1045 HAZEL AVENUE IN AN R-I-6 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT. APPLICATION OF MR. DONALD CALL. FILE NO. PLN2004-15. 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 PLN2004-15: 1. The proposed project has a density of 5.3 units per gross acre, which is consistent with the General Plan land use designation of Low Density Residential (less than 6 units per gross acre). 2. The proposed map is consistent with the development standards (including lot size and minimum lot width) of the R-I-6 Zoning District and the San Tomas Area Neighborhood Plan. 3. The shape and orientation of the lots facilitates solar access. 4. Each new lot created has adequate access to a public right-of-way. 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 any concerns about providing services to the parcels. 6. The project qualifies as a Categorically Exempt project per Section 15315, Class 15 (Minor Land Divisions) 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. 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. 4. The proposed development will aid in the harmonious development of the immediate area. Planning Commission Resolution No. 3576 PLN2004-15 - 1045 Hazel Avenue -- Tentative Parcel Map Page 2 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. 6. 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 approves a Tentative Parcel Map (PLN2004-15) to allow the division of a parcel into two residential lots on property owned by Mr. Donald Call located at 1045 Hazel 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 Plannine: Division 1. Approved Proiect: Approval is granted for a Tentative Parcel Map to allow the division of a parcel into two residential parcels on property located at 1045 Hazel Avenue. The Tentative Parcel Map shall substantially conform to the revised Tentative Parcel Map prepared by Jim Diggins, DeBolt Civil Engineering received on April 21, 2004, except as modified by the Conditions of Approval herein. Tentative map approval is valid for a period of two years from the date of approval and shall expire unless an extension of approval is granted. 2. Final Parcel Map: This Tentative Parcel Map approval is contingent upon approval of the final parcel map to divide the subject property. The final parcel map shall be approved and recorded prior to issuance of building permits. 3. Park Impact Fee: A park impact fee of $10,990 for one new unit developed at a density range of less than 6 units per gross acre, or the fee in effect at the time of occupancy, is due upon development of the site. Prior to recordation of the final parcel map, 75% of this fee is due. The remaining 25% is due prior to issuance of a certificate of building occupancy. 4. Tree Preservation: Prior to final map approval, the applicant shall submit a tree inventory and preservation plan for review and approval by the Community Development Director. A mitigation plan shall be included with the tree report for all trees over twelve inches in diameter that will be removed. Any trees designated for removal shall be replaced with a similar 24" box tree at a 1: 1 ratio. If the infill of the lots sufficiently changes the existing grade of the lots, tree protection measures must be identified in the report to preserve existing trees during and after grading and construction. Planning Commission Resolution No. 3576 PLN2004-15 - 1045 Hazel Avenue -- Tentative Parcel Map Page 3 5. Deed Restriction: Applicant shall record a deed restriction that stipulates that the rear lot (Parcel B) shall receive Site and Architectural Review approval by the Planning Commission prior to construction of a new home. 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. PUBLIC WORKS DEPARTMENT 7. Parcel Map: Prior to issuance of any building permits for the project, the applicant shall submit a parcel map for recordation upon approval by the City. The current plan check fee is $2,400 plus $35 per parcel. 8. Preliminary Title Report: Upon submittal of the tentative map, the applicant shall provide a current Preliminary Title Report. 9. Right-of-Way for Public Street Purposes: Upon recordation of the parcel map, the applicant shall cause additional right-of-way to be granted for public street purposes along the Hazel Avenue frontage to accommodate a 30-foot half street. 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. 10. Monumentation for Parcel Map: Prior to recordation of the parcel map, the applicant shall provide security for setting all monuments shown on the map. 11. 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: a. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway approaches. Each parcel is to have a separate driveway approach. b. Installation of City approved street trees at 40 feet on center. c. Installation of streetlights, conduits, conductors and related facilities in accordance with the City of Campbell's Street Lighting Policies. d. Installation of full pavement section to conform to existing pavement, as required by the City Engineer. Planning Commission Resolution No. 3576 PLN2004-15 - 1045 Hazel Avenue -- Tentative Parcel Map Page 4 e. Construction of traffic control, stripes and signs. f. Construction of conforms to existing public and private improvements, as necessary. 12. 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. 13. 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. 14. 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. 15. 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. 16. 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. 17. 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, 11, 18,33, and Appendix Chapter 33. 18. Storm Drain Area Fee: Prior to recordation of the parcel map, the applicant shall pay the required Storm Drain Area fee of $2,000.00 per net acre, which is $647.00. 19. Santa Clara Valley Water District (SCVWD): Prior to issuance of any permits for grading, landscaping, or building or the recordation of the parcel map, the applicant shall obtain a clearance from the SCVWD. (see SCVWD April 8, 2004 letter) 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. Planning Commission Resolution No. 3576 PLN2004-15 - 1045 Hazel Avenue -- Tentative Parcel Map Page 5 Resources to achieve these objectives include Storm water 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 Storm water Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. 21. Demolition: Prior to recording of the parcel map the applicant shall obtain a demolition permit and remove any nonconforming structures. PASSED AND ADOPTED this 22nd day of June, 2004, by the following roll call vote: AYES: Commissioners: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Alderete, Francois, Gibbons, Hernandez, Rocha and Roseberry Doorley None None APPROVED: ATTEST: ,~~ Sharon Fierro, Secretary