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PC Res 4249RESOLUTION NO. 4249 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A TENTATIVE PARCEL MAP (PLN2015-36) FOR THE PROJECT LOCATED AT 1685 BUCKNALL ROAD. 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 the recommended approval of a Tentative Parcel Map (PLN2015-36): Environmental Finding 1. An Initial Study has been prepared for the Residential Development project located at 1685 Bucknall Road, and provides documentation for the factual basis for concluding that a Negative Declaration may be adopted since no substantial evidence exists, in light of the whole record, that the project may have a significant effect on the environment. The project consists of the development of three residential units. Evidentiary Findings 1. The proposed project ("project") includes a Planned Development Permit (PLN2015- 35) to allow the construction of three (3), two-story, detached single-family townhomes; Tentative Parcel Map (PLN2015-36) to subdivide a parcel into four parcels including one commons lot, Zoning Map Amendment (PLN2015-37) to allow a PD zoning designation, and a Tree Removal Permit (PLN2015-38) on property located at 1685 Bucknall Road. 2. The project site is a .28 net acre property. 3. The project site is generally located on the north side of Bucknall Road, between Rachel Court to the west and Delta Court to the east. 4. The project site is current zoned R-2 (Multi-family Residential) but the applicant has applied for a F'-D (Planned Development) Zoning Map Amendment (PLN2015-37). 5. The project site has a General Plan Land Use Designation of Medium Density Residential (14-20 units/Gr. Acre). 6. The proposed Tentative Parcel Map (PLN2015-36) may be approved concurrently, and subject to a Planned Development Permit (PLN2015-35), Zoning Map Amendment (PLN2015-37), and Tree Removal Permit (PLN2015-38). 7. The proposed Tentative Parcel 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. Planning Commission Resolution No. 4249 Findings Recommending Approval of a Tentative Parcel Map (PLN2015-36) Page 2 of 3 8. The proposed residential land use, at a density of 9.2 units/gr. acre, is consistent with the allowable land use and maximum density permitted by the Medium Density Residential (14-20 units/gr. acre) General Plan land use designation. 9. 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. As of the writing of this staff report, none of these agencies raised any concerns about providing services to the proposed lots. 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 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. 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. THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval of a Tentative Parcel Map (PLN2015-36) for the Project located at 1685 Bucknall Road, subject to the attached Conditions of Approval (attached Exhibit "A"). Planning Commission Resolution No. 4249 Findings Recommending Approval of a Tentative Parcel Map (PLN2015-36) Page 3 of 3 PASSED AND ADOPTED this 27th day of October, 2015, by the following roll call vote: AYES: Commissioners: Bonhagen, Dodd, Finch, Kendall, Reynolds, Rich, and Young NOES: Commissioners: None ABSENT: Commissioners None ABSTAIN: Commissioners: None APPROVED: Pamela Finch, a~ ATTEST: Paul Kermoyan, Secretary EXHIBIT A RECOMMENDED CONDITIONS OF APPROVAL Tentative Parcel Map (PLN2015-36) Where approval k>y the Director of Community Development, City Engineer, Public Works Director, City Attarney 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 Parcel Map (PLN2015-36) to subdivide a parcel into four parcels including one common lot, subject to approval of a Zoning Map Amendment (PLN2015-37) to allow a PD zoning designation, on property located at 1685 Bucknall Road. The project shall substantially conform to the Tentative Parcel Map dated July 13, 2015 except as may be modified by the Conditions of Approval herein. 2. Tract Map: The Planned Development Permit approval is contingent upon recordation of the Tract Map to divide the subject property. The Tract Map shall be recorded prior to the issuance of building or grading permits. 3. Equal Access: As codified within the project's CC&Rs, the Home Owners Association shall maintain equal access to all common facilities and amenities for all residents (renters and homeowners) of the project. 4. Utility Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to installation of the underground PG&E utility (transformer) boxes and San Jose Water Company back-flow preventers, indicating the location of the boxes for approval by the Community Development Director. 5. 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 approved plan (grade, pad and drainage). 6. Residential Address Identification: The applicant shall submit a detail sheet showing uniform residential address identification material type and location on the building wall for review and approval by the Community Development prior to the issuance of Building Permits. In order to obtain approval, numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Additionally, number material and color is required to contrast with their background. Recommended Conditions of Approval Tentative Parcel Map (PLN2015-36) Page 2 of 7 7. Property Maintenance: The property is to be maintained free of any combustible trash, debris, and weeds until the time that actual construction commences. Any vacant existing structures shall be secured, by having windows boarded up and doors sealed shut, or be demolished or removed from the property (California Fire Code, 2013 Edition). 8. Stormwater and Grading Requirements: The project shall comply with City stormwater and grading requirements (CMC Sec. 20.80.020, 21.16.100, and 14.02), as more specifically itemized in the Public Works Department Conditions of Approval for the Tentative Parcel Map. 9. Cultural Resources: If archaeological or paleontological resources are encountered during excavation or construction, construction personnel shall be instructed to immediately suspend all activity in the immediate vicinity of the suspected resources and the City and a licensed archeologist or paleontologist shall be contacted to evaluate the situation. A licensed archeologist or paleontologist shall be retained to inspect the discovery and make any necessary recommendations to evaluate the find under current CEQA guidelines prior to the submittal of a resource mitigation plan and monitoring program to the City for review and approval prior to the continuation of any on-site construction activity. 10. Human Remains: In the event a human burial or skeletal element is identified during excavation or construction, work in that location shall stop immediately until the find can be properly treated in compliance with § 7050.5 of the California Health and Safety Code and § 5097.94 of the California Public Resources Code. The City and the Santa Clara County Coroner's office shall be notified. If deemed prehistoric, the Coroner's office would notify the Native American Heritage Commission who would identify a "Most Likely Descendant (MLD)." The archeological consultant and MLD, in conjunction with the project sponsor, shall formulate an appropriate treatment plan for the find, which might include, but not be limited to, respectful scientific recording and removal, being left in place, removal and reburial on site, or elsewhere. Associated grave goods are to be treated in the same manner. 11. Construction Activity: The following standards shall apply to construction of the project: • 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. Recommended Conditions of Approval Tentative Parcel Map (PLN2015-36) Page 3 of 7 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. 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 toxics 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. • Construction Hours (CMC 18.04.052): Construction activity shall be limited to the hours of eight a.m. and five p.m. daily, Monday through Friday. Saturday hours of construction shall be nine a.m. and four p.m. There shall be no construction activity on Sundays or National Holidays. Construction Noise (CMC 18.04.052): No loud environmentally disruptive noise over fifty dbs., such as air compressors without mufflers, continuously running motors or generators, loud playing musical instruments or radios will be allowed during the authorized hours of construction, Monday through Saturday, where such noise may be a nuisance to adjacent residential neighbors. Such nuisances shall be discontinued. • Contractor Contact Information Posting: The project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street prior to issuance of building permits. PUBLIC WORKS DEPARTMENT 12. 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 a digital format acceptable to the City. Recommended Conditions of Approval Tentative Parcel Map (PLN2015-36) Page 4 of 7 13. Right-of-Way for Public Street Purposes: Upon recordation of the Parcel Map, the applicant shall fully complete the process to cause any additional right-of-way to be granted in fee for public street purposes along the Bucknall Road frontage to accommodate a 30 foot half street, 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. 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 Bucknall Road 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. Monumentation for Parcel Map: Prior to recordation of the Parcel Map, the applicant shall provide a cash deposit (100% of the monument estimate) 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. 17. Demolition: Prior to recordation of the Parcel Map, the applicant shall obtain a demolition permit and remove any nonconforming structures. 18. Soils Report: Upon submittal of the Parcel Map, applicant shall provide a soils report prepared by a registered geotechnical or civil engineer. 19. Grading and Drainage Plan: Prior to recordation of the Parcel 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 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 $2,385.00 per net acre, which is $681.00. Recommended Conditions of Approval Tentative Parcel Map (PLN2015-36) Page 5 of 7 21. 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: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. 22. Tree Removals: To accommodate the required street improvements four Redwood trees will be removed as part of this project. New street trees will be installed in the future park strip to replace the trees removed. 23. 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. 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 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 recordation of the Parcel Map, 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. Bucknall Road has not been reconstructed or overlaid in the last 5 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. Recommended Conditions of Approval Tentative Parcel Map (PLN2015-36) Page 6 of 7 27. Street Improvement Agreements /Plans /Encroachment Permit /Fees /Deposits 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. Show (:ity boundary at centerline of Bucknall Road and document that any construction necessary to make utility connections to mains on the San Jose side of Bucknall Road will require encroachments permits from the City of San Jose. c. 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. d. Relocation of existing joint pole currently in the proposed pavement area. e. Relocation of existing AT&T utility box currently in the proposed curb and gutter area. f. Removal of existing driveway approach and necessary sidewalk, curb and gutter. g. Removal of temporary ramp adjacent to the eastern side of project frontage. h. Removal of existing street section to centerline. i. Installation of City approved street trees at 30 feet on center. j. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway approach. Installation of engineered structural pavement section to centerline, as required by the City Engineer. k. Installation of asphalt concrete overlay per street pavement restoration plan for utility installation and/or abandonment, as required by the City Engineer. I. Installation of streetlights, conduits, conductors and related facilities in accordance with the City of Campbell's Street Lighting Policies. m. Installation of service laterals for water, sanitary and storm drain utilities. n. Installation of traffic control, stripes and signs. o. Construction of conforms to existing public and private improvements, as necessary. p. 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 of the last unit, 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. Recommended Conditions of Approval Tentative Parcel Map (PLN2015-36) Page 7 of 7 29. Maintenance of Landscaping_ Owner(s), current and future, 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. 30. Utility Encroachment Permit(s): Separate City encroachment 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 encroachment permits for sanitary sewer, gas, water, electric and all other utility work. 31. 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.