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PC Res 4291RESOLUTION NO. 4291 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP (PLN2015-306) TO CREATE FIVE SINGLE-FAMILY LOTS AND ONE COMMONLY-OWNED LOT ON PROPERTY LOCATED AT 180 RE'DDING 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 Subdivision Map (PLN2015-306): Environmental Finding An Initial Study has been prepared for the project which provides documentation for the factual basis for concluding that a Mitigated 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 as conditioned. Evidentiary Findings The proposed project ("project") includes a proposal for a Tentative Subdivision Map to allow subdivision of the project site into five single-family residential parcels, ranging from approximately 1,197 to 1,685 square feet in area. The project also includes a common lot consisting of a single private street and driveway for the subdivision, which takes access the south side of Redding Road. Required land use entitlements for the project include a Planned Development Permit (PLN2015-305) for the approval of site configuration, architectural design and to create lots which do not have frontage on a public street, Tentative Subdivision Map (PLN2015-0306) to create five single family lots and one commonly owned lot, Zoning Map Amendment (PLN2015-0307) to change the zoning from R-M (Multiple-Family Residential) to P-D (Planned Development), Parking Modification Permit (PLN2016-068) (to allow uncovered parking in lieu of covered) and Tree Removal Permit (PLN2015-310) to allow removal of protected trees. 2. The project site consists of a single rectangular parcel (15,470 sq. ft. net / 17,270 gross sq. ft.) located on Redding Road between White Oaks Road and S. Bascom Avenue. 3. The project site is zoned R-M (Residential Multifamily) as shown on the Campbell Zoning Map and will be rezoned to P-D (Planned Development). 4. The project site is designated Low-Medium Density Residential (6-13 Units / Gr. Acre) as shown on the Campbell General Plan Map. 5. The proposed residential project, at a density of 12.6 Units/Gr. Acre, is consistent with the allowable land use and maximum density permitted by the Low-Medium Density Residential General Plan land use designation and would be allowed in the P-D Planning Commission Resolution No. 4291 PLN2015-306 -Recommending Approval of a Tentative Subdivision Map-180 Redding Rd Paae 2 of 3 (Planned Development) Zoning District with the approval of a Planned Development Permit. 6. The proposed Planned Development Permit may be approved concurrently, and subject to, a Tentative Subdivision Map, and Zoning Map Amendment. 7. The proposed Tentative Subdivision Map (PLN2015-306) may be approved concurrently, and subject to a Planned Development Permit (PLN2015-305), Zoning Map Amendment (PLN2015-307), and Tree Removal Permit (PLN2015-310). 8. The proposed Tentative Subdivision Map will allow creation of privately held parcels for fee title ownership as well as a common parcel to be improved with a private roadway, guest parking spaces, fire truck access, and landscaping. 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. 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 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. Planning Commission Resolution No. 4291 PLN2015-306 -Recommending Approval of a Tentative Subdivision Map-180 Redding Rd Paae 3 of 3 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"). PASSED AND ADOPTED this 10th day of May, 2016, by the following roll call vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners ABSTAIN: Commissioners: Dodd, Finch, Reynolds, Rich and Young None Bonhagen and Kendall None ~- 1 ~~l %!~~ APPROVED: Cyntf7(i~( Dodd, Chair ATTEST: `- Paul Ker oyan, Secretary EXHIBIT A RECOMMENDED CONDITIONS OF APPROVAL Tentative Subdivision Map (PLN2015-306) 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 (PLN2015-306) to subdivide a parcel into five developable parcels and one common lot, subject to approval of a Zoning Map Amendment (PLN2015-307) to allow a P-D zoning designation, on property located at 180 Redding Road. The project shall substantially conform to the Tentative Subdivision Map dated March 30, 2016 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. Recordation of a Tract Map must occur within this two-year period. 3. 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. 4. 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. 5. Planned Development Permit: The Tentative Subdivision Map is contingent upon approval of the Planned Development Permit (PLN2015-305). A Tract Map may not be recorded if the Planned Development Permit expires or is revoked by the City Council. 6. Park Impact Fee: A park impact fee is due upon development of the site, based on the development density ranging from 6 < 13 Units per Gross Acre (Low/Medium Density), less credit for one legally constructed unit. Prior to recordation of the Tract Map, 75% of this fee is due. The 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. Exhibit A -Recommended Conditions of Approval Tentative Subdivision Map (PLN2015-306) Page 2 of 7 7. Planning Mitigation Monitoring Fee: Prior to issuance of a demolition permit, the applicant shall pay a $1,000.00 deposit to cover the actual staff cost to ensure compliance with the mitigation monitoring. 8. 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. 9. CEQA Mitigation Measures: The following measures shall be implemented pursuant to the Mitigated Negative Declaration: Mitigation Measure AIR-1: 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. Use dust-proof chutes for loading construction debris onto trucks. b. Water or cover stockpiles of debris, soil, and other materials that can be blown by the wind. c. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard. d. Sweep daily (with water sweepers) all paved access roads, parking areas, and staging areas at the construction site. e. Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets, as directed by the City Engineer. f. Enclose, cover, water twice daily or, or apply (non-toxic) soil stabilizers to exposed stockpiles (dirt, sand, etc.). g. Install erosion control measures to prevent runoff from the project site. Mitigation Measure CUL-1: 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. Mitigation Measure GEO-1: The applicant shall comply with the recommendations in the Geotechnical Investigation, dated January 7, 2016 by Wayne L. Ting C.E. (No. C46276) of Wayne Ting & Associates Incorporated. Such recommendations shall be incorporated into the project's final engineering design to minimize the Exhibit A -Recommended Conditions of Approval Tentative Subdivision Map (PLN2015-306) Page 3 of 7 damage from seismic shaking, unsuitable fill, and other geological deficiencies. The project shall use standard engineering techniques and conform to the requirements of the International Building Code to reduce the potential for seismic damage and risk to future occupants. Mitigation Measure HAZ-1: Prior to issuance of a demolition permit, a qualified contractor shall asses the property for presence of Lead-based paint (LBP) and Asbestos containing building materials (ACBM), and if present, prepare a plan, to the satisfaction of the Building Official, to properly manage and dispose of such materials. 10. 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. 11. 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). 12. 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. 13. 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). 14. 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 Subdivision Map. 15. Construction Activity: The following standards shall apply to construction of the project: • 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. Exhibit A -Recommended Conditions of Approval Tentative Subdivision Map (PLN2015-306) Page 4 of 7 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 16. Subdivision Map: Prior to issuance of any grading or building permits for the project, the applicant shall submit a Subdivision Map for recordation upon approval by the City, pay various fees/deposits and submit the map in a digital format acceptable to the City. 17. Vacation of Public Easement: Tract Map No. 179 which created this lot also created a 25 foot "Building Line" to enforce building setbacks when this property was still in the County. If it is the applicant's intent to take advantage of the less restrictive R-1-6 20 foot front setback, then the existing Building Line needs to be vacated /abandoned by City Council. Prior to issuance of any grading or building permits for the site, the applicant would need to fully complete the street vacation process, including approval by the City Council. 18. Monumentation for Subdivision Map: Prior to recordation of the Subdivision 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. 19. Demolition: Prior to recordation of the Subdivision Map, the applicant shall obtain a demolition permit and remove any nonconforming structures. 20. Soils Report: Upon submittal of the Subdivision Map, applicant shall provide a soils report prepared by a registered geotechnical or civil engineer. 21. Grading and Drainage Plan: Prior to recordation of the Subdivision 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 Exhibit A -Recommended Conditions of Approval Tentative Subdivision Map (PLN2015-306) Page 5 of 7 certification that the development has been built per the engineered grading and drainage plans. 22. Storm Drain Area Fee: Prior to recordation of the Subdivision Map, the applicant shall pay the required Storm Drain Area fee, currently set at $2,120.00 per net acre, which is $721.00. 23. 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. 24. Tree Removals: To accommodate the required street improvements one street tree will be removed as part of this project. Anew street tree will be installed to replace the tree removed. 25. Utilities: 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. 26. Water Meters and Sewer Cleanouts: Existing and proposed water meters and sewer cleanouts shall be relocated or installed on private property behind the public right-of- way line. 27. Utility Coordination Plan: Prior to recordation of the Subdivision 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. 28. 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 Exhibit A -Recommended Conditions of Approval Tentative Subdivision Map (PLN2015-306) Page 6 of 7 previous five years will require boring and jacking for all new utility installations. EI Caminito Avenue 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. 29. Street Improvement Agreements /Plans /Encroachment Permit /Fees /Deposits Prior to recordation of the Subdivision 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. Removal of existing driveway approach and necessary sidewalk, curb and gutter. c. Installation of City approved street trees at 30 feet on center. d. 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. e. Installation of asphalt concrete overlay per street pavement restoration plan for utility installation and/or abandonment, as required by the City Engineer. f. Installation of service laterals for water, sanitary and storm drain utilities. g. Installation of traffic control, stripes and signs. h. Construction of conforms to existing public and private improvements, as necessary. i. Submit final plans in a digital format acceptable to the City. 30. 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. 31. 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. 32. 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. Exhibit A -Recommended Conditions of Approval Tentative Subdivision Map (PLN2015-306) Page7of7 33. 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.