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CC Resolution 12064RESOLUTION NO. 12064 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A TENTATIVE PARCEL MAP (PLN2016- 019) TO CREATE TWO SINGLE-FAMILY LOTS AND ONE COMMONLY-OWNED LOT ON PROPERTY LOCATED AT 1223 WALNUT 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 City Council finds as follows with regard to the 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 a single-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. 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). City Council Resolution PLN2016-019 - Approving a Tentative Parcel Map -1223 Walnut Drive Paae 2 of 4 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 invited 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 City Council 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. 19. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. City Council Resolution PLN2016-019 - Approving a Tentative Parcel Map -1223 Walnut Drive Page 3 of 4 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 City Council approves a Tentative Parcel Map. (PLN2016-019) for the Project located at 1223 Walnut Drive, subject to the attached Conditions of Approval (attached Exhibit "A"). PASSED AND ADOPTED this 18~h day of October, 2016, by the following roll call vote: AYES: COUNCILMEMBERS: Kotowski, Resnikoff, Gibbons, Baker NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cristina ABSTAIN: COUNCILMEMBERS: None APPROVED: Ja on T. Baker, Mayor ATTEST: Wend ood, City Clerk EXHIBIT A 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 far 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 Proiect: 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. 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 Exhibit A -Conditions of Approval Tentative Parcel Map (PLN2016-019) - 1223 Walnut Drive Page 2 of 6 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 98.04.052): 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 98.04.052): 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. Exhibit A -Conditions of Approval Tentative Parcel Map (PLN2016-019) - 1223 Walnut Drive Page 3 of 6 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 Mag: 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. 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. Exhibit A -Conditions of Approval Tentative Parcel Map (PLN2016-019) - 1223 Walnut Drive Page 4 of 6 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 Sife 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(s): 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 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 Exhibit A -Conditions of Approval Tentative Parcel Map (PLN2016-019) - 1223 Walnut Drive Page 5 of 6 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.lnstallation 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. 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 Exhibit A -Conditions of Approval Tentative Parcel Map (PLN2016-019) - 1223 Walnut Drive Page 6 of 6 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 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.