PC Res 4325RIESOLUTIOIV NO. 4325
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A
TENTATIVE PARCEL MAP (PLN2016-19) TO CREATE TWO
SINGLE-FAMILY LOTS AND .ONE COMMONLY-OWNED LOT
ON PROPERTY LOCATED AT 12231lVALNUT DRIVE.
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 (PLN2016-019):
Environmental Finding
1. An Initial Study has been prepared for the project which provides documentation for
the factual basis for concluding that a Negative Declaration (PLN2016-278) 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
2. The proposed project ("project") includes a Tentative Parcel Map (PLN2016-019) to
create two residential lots and one common lot, Zoning Map Amendment (PLN2016-
275) to change the zoning designation from R-M (Multi-Family Residential) to P-D
(Planned Development), a Planned Development Permit (PLN2016-276) to allow the
construction of two (2) two-story detached single-family homes, a Tree Removal
Permit (PLN2016-277) to allow for the removal of one protected tree, and a Negative
Declaration (PLN2016-278).
3. The project site consists of a 10,011 square foot (net area) lot located on Walnut
Drive between Wendell Drive and Hacienda Avenue.
4. The lot is currently developed with one single-family residence that will be
demolished as part of the proposed project.
5. Abutting land uses include asingle-family residence to the south, single-family
townhomes to the north and east, and a senior living facility to the west.
6. The project site is designated Low-Medium Density Residential (6-13 Units / Gr.
Acre) as shown on the Campbell General Plan Map.
7. The proposed residential land use, at a density of approximately seven (7) 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.
Planning Commission Resolution No. 4325
PLN2016-019 -Recommending Approval of a Tentative Parcel Map-1223 Walnut Drive
Page 2 of 3
8. The project site is zoned R-M (Multi-Family Residential) as shown on the Campbell
Zoning Map and will be rezoned to P-D (Planned Development).
9. The land use entitlements for the proposed Project may be approved concurrently
where approval of the Tentative Parcel Map is subject to approval .of the Zoning Map
Amendment and Planned Development Permit.
10. There are no responsible agencies or trustee agencies responsible for resources
affected by the project.
11. On the basis of the Initial Study, and as supported by substantial evidence, the
project will not have a significant effect on the environment due to the application of
uniformly applicable development policies and incorporation of project-specific
conditions of approval.
12. The City of Campbell provided a Notice of Intent to adopt a Negative Declaration to
the public via the Campbell Express, the County Clerk, and on the City website.
13. The City of Campbell provided a 20-day public review period of the Negative.
Declaration pursuant to the California Environmental Quality Act Guidelines. The
20-day public review period began on May 25, 2016 and the public was irivited to
comment on the Draft Negative Declaration in writing and/or in person at the
Planning Commission Public Hearing on June 14th and September 13th and the City
Council public hearing on October 18, 2016. No comments have been received on
the draft Negative Declaration.
Based upon the foregoing findings of fact, the Planning Commission further finds and.
concludes that:
14. The proposed Tentative Parcel Map is consistent with the General Plan and Zoning
Ordinance of the City.
15. 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.
16. The design of the Tentative Parcel Map provides, to the extent feasible, for future
passive or natural heating and cooling opportunities.
17. 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.
18. There is a reasonable relationship and a rough proportionality between the
Conditions of Approval and the impacts of the project.
Planning Commission Resolution No. 4325
PLN2016-019 -Recommending Approval of a Tentative Parcel Map-1223 Walnut Drive
Page3of3 _
19. There is a reasonable relationship between the use of the fees imposed upon the
project and the type of development project..
20. 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 (PLN2016-019) to create two residential lots and one
common lot on property located at 1223 Walnut Drive, subject to the attached
recommended Conditions of Approval (attached Exhibit A).
PASSED AND ADOPTED this 13th day of September, 2016, by the following roll call
vote:
AYES: Commissioners: Bonhagen, Dodd, Hernandez, Reynolds Young, Kendall
NOES: Commissioners:
ABSENT: Commissioners: Rich
ABSTAIN: Commissioners:
APPROVED:
is Dodd, Chair
ATTEST:1
Paul Ker o an, Secretary
EXHIBIT A
RECOMMENDED CONDITIONS OF APPROVAL
Tentative Parcel Map (PLN2016-019)
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 Parcel Map (PLN2016-019) to
create two residential lots and one common lot, Zoning Map Amendment (PLN2016-
275) to change the zoning designation from R-M (Multi-Family Residential) to P-D
(Planned Development), a Planned Development Permit (PLN2016-276) to allow the
construction of two (2) two-story detached single-family homes, a Tree Removal
Permit (PLN2016-277) to allow for the removal of one protected tree, and a
2. Negative Declaration (PLN2016-278). The project shall substantially conform to the
Revised Project Plans & Tentative Subdivision Map dated August 9, 2016 except as
may be modified by the Conditions of Approval herein.
3. Approval Expiration: The Tentative Parcel 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.
4. Tract Map /Planned Development Permit: The Tentative Parcel Map is contingent
upon approval of the Planned Development Permit (PLN2016-276). A Tract Map
may not be recorded if the Planned Development Permit expires or is revoked by the
City Council. The Tract Map shall be recorded prior to the issuance of building or
grading permits.
5. Park Impact Fee: A park impact fee is due upon development of the site, based on
the development density of 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 $10,595 per unit. This fee is subject to change
and the fee in effect at the time of payment shall be the fee due.
6. Utility Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to
installation of any PG&E utility (transformer) boxes and/or San Jose Water Company
back-flow. preventers, indicating the location of the boxes for approval by the
Community Development Director.
Exhibit A -Recommended Conditions of Approval
1223 Walnut Drive -Tentative Parcel Map (PLN2016-019)
Page 2 of 6
7. 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).
8. 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.
9. 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).
10. 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.
11. Maintenance Agreement: Prior to issuance of recordation of the Tract Map, the
applicant shall submit for review and approval by the Public Works Department a
copy of the draft Maintenance Agreement.
12. Compliance with Other Regulations: The applicant shall comply with other state,
county, and city ordinances that pertain to the proposed project.
13. 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.
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
Exhibit A -Recommended Conditions of Approval
1223 Walnut Drive -Tentative Parcel Map (PLN2016-019)
Page 3 of 6
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
14. Response Letter: Upon submittal of the Parcel 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.
15. 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.
16. Preliminary Title Report: Upon submittal of the Parcel Map, the applicant shall
provide a current (within the past 6 months) Preliminary Title Report.
17. 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 Walnut Drive 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.
18. 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.
19. 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.
20. Demolition: Prior to recordation of the Parcel Map, the applicant shall obtain a
demolition permit and remove any nonconforming structures.
Exhibit A -Recommended Conditions of Approval
1223 Walnut Drive -Tentative Parcel Map (PLN2016-019)
Page 4 of 6
21. Soils Report: Upon submittal of the Parcel Map, applicant shall provide a soils
report prepared by a registered geotechnical or civil engineer.
22. 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.
23. 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 $572.00 (set for multi-family land use).
24. Storm Water Information: On the grading/utility plans show the amount, ~in square
footage, of:
a. Existing impervious area.
b. Proposed impervious area.
c. Proposed pervious area.
25. 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.
26. Utilities: Applicant shall comply with all plan submittals, permitting, and fee
requirements of the serving utility companies.
27. Water Meter(s) and Sewer Cleanout(~: Proposed water meters and sewer cleanout
shall be installed on private property behind the public right-of-way line, within the
five foot Public Service Easement. -
28. 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
Exhibit A -Recommended Conditions of Approval
1223 Walnut Drive -Tentative Parcel Map (PLN2016-019)
Page 5 of 6
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.
29. 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. Walnut Drive 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.
30. 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:
d. Show location of all existing utilities within the new and existing public right of
way.
e. 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.
f. Removal of existing driveway approach and necessary sidewalk, curb and
gutter.
g. Removal of existing street section to centerline.
h. Installation of City approved street trees at 30 feet on center.
i. Installation of City standard rolled curb and gutter along project frontage.
j. Installation of approximately five feet of sidewalk between the existing
sidewalk at the northerly property line and the new ADA compliant driveway
approach.
k. Installation of engineered structural pavement section to centerline, as
required by the City Engineer.
I. Installation of asphalt concrete overlay per street pavement restoration plan
for utility installation and/or abandonment, as required by the City Engineer.
m. Installation of streetlights, conduits, conductors and related facilities in
accordance with the City of Campbell's Street Lighting Policies.
n. Installation of traffic control, stripes and signs.
Exhibit A -Recommended Conditions of Approval
1223 Walnut Drive -Tentative Parcel Map (PLN2016-019)
Page 6,of 6
o. Construction of conforms to existing public and ..private improvements, as
necessary..
p. Submit final plans in a digital format acceptable to the City.
31. 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.
32. 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.
33. Utility Encroachment Permit: Separate 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 permits
for sanitary sewer, gas, water, electric and all other utility work.
34. 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 arty 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.