PC Res 3595
RESOLUTION NO. 3595
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CAMPBELL RECOMMMENDING APPROVAL OF A TENTATIVE
SUBDIVISION MAP (PLN2004-97) TO CREATE 22 RESIDENTIAL
CONDOMINUM UNITS AND ONE COMMERCIAL UNIT ON PROPERTY
OWNED BY THE CITY OF CAMPBELL REDEVELOPMENT AGENCY
LOCATED AT 175-201 E. CAMPBELL AVENUE IN THE C-3-S (CENTRAL
BUSINESS DISTRICT) ZONING DISTRICT. APPLICATION OF MR. JEFF
WARMOTH, ON BEHALF OF CAMPBELL AVENUE ASSOCIATES. FILE
NO.: PLN2004-97.
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 PLN2004-97:
1. The creation of 22 residential condominium units and one commercial unit is consistent with
the Central Commercial General Plan land use designation.
2. The maximum density allowed under the General Plan is 27 units per gross acre. The
proposed project would result in a project density of 26 units per gross acre.
3. All condominium developments in the City are required to be located within a C-PD
(Condominium-Planned Development) Zoning District. The proposed residential condominium
project is consistent with the C-PD Zoning District.
4. The proposal for 22 residential condominium units includes three units below market rate
households units. These units will provide necessary housing within an existing urbanized
area that is fully served by utilities and public services.
5. The proposed project includes provisions for access to natural air and light for all of the
units.
6. The provisions of the Covenants, Conditions and Restrictions are necessary to ensure the
long-term property maintenance and continued architectural integrity of the project.
7. 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. None of these agencies raised any concerns about
providing services to the proj ect.
8. A Mitigated Negative Declaration has been prepared for this project concluding that there are
no significant unmitigated impacts associated with this project, pursuant to the California
Environmental Quality Act (CEQA).
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PLN2004-97- 175-201 E. Campbell Avenue-Tentative Subdivision Map
Page 2
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 ofthe 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.
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.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval
of a Tentative Subdivision Map (PLN2004-97) to create 22 residential condominium units and
one commercial unit on property owned by the City of Campbell Redevelopment Agency located
at 175-201 E. CAMPBELL AVENUE in the C-3-S (Central Business District) Zoning District.
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 to create 22
residential condominium units and one commercial unit located at 175-201 East Campbell
Planning Commission Resolution No. 3595
PLN2004-97- 175-201 E. Campbell Avenue-Tentative Subdivision Map
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Avenue. The Subdivision Map shall substantially conform to the Tentative Subdivision Map
prepared by AP Consulting Engineers and dated August 18, 2004, as received by the
Planning Division on August 19, 2004, 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.
3. Tentative Subdivision Map: The Planned Development Permit approval is contingent upon
recordation of the Final Subdivision Map to divide the subject property. The Final
Subdivision Map shall be recorded prior to the issuance of building permits.
4. Park Impact Fee: A park impact fee of $5,635 per unit is due upon development of the site.
Based on the development of 22 units, a total of $123,970 shall be paid to the City. Prior to
recordation of the Final Subdivision Map, 75% of this fee is due. The remaining 25% is due
prior to issuance of a certificate of building occupancy.
5. Property Maintenance: The property is to be maintained free of any combustible trash,
debris and weeds until the time that actual construction commences. (Section 11.201 and
11.414, 1985 Ed. Uniform Fire Code).
6. Covenants, Codes and Restrictions: The applicant shall submit a draft copy of the
Covenants, Conditions and Restrictions (CC&R's) to the Planning Division for approval by
the Community Development Director and City Attorney, prior to the recordation of the
Final Subdivision Map, which provide for:
a. Formation of a Homeowner's Association to ensure the long-term maintenance of
buildings and property.
b. Continued architectural controls to ensure the architectural integrity ofthe project.
c. Definition of common areas to be maintained and provision of maintenance for these
areas.
d. Provision of a funding mechanism to ensure maintenance and upkeep of common areas
and shared building walls and roofs to be repaired, repainted, and/or replaced as
necessary.
e. Provision to provide on-going maintenance ofthe required landscaping for the project.
f. Provision for the availability of carport spaces for the parking of vehicles at all times.
g. Provision to prohibit the use of parking spaces for storage purposes, including boats,
trailers, and recreational vehicles.
PUBLIC WORKS DEPARTMENT
7. Final Map: Prior to issuance of any grading or building permits for the project, the applicant
shall submit a final map for review by the City and recordation, upon approval by the City
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PLN2004-97- 175-201 E. Campbell Avenue-Tentative Subdivision Map
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Council. The current plan check fee is $3,200.00 plus $35 per lot.
8. Condominium Plan: Prior to allowing occupancy for any and/or all buildings, the applicant
shall submit a Condominium Plan for review by the City and recordation.
9. Preliminary Title Report: Upon submittal of the tentative map, the applicant shall provide a
current Preliminary Title Report.
10. Private Easements: Prior to recordation of the final map, the applicant shall cause private
easements to be recorded for private utilities, private storm drains, reciprocal ingress and
egress, emergency vehicles, etc.
11. Monumentation for Final Map: Prior to recordation of the final map, the applicant shall
provide security for setting all monuments shown on the map.
12. Street Improvements: Prior to recordation of the final 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:
Campbell Avenue
a. Removal of two (2) existing driveway approaches and necessary sidewalk, curb and
gutter.
b. Removal of existing curb ramp, related sidewalk, curb and gutter as necessary to
accommodate bulb out at corner of Campbell Avenue and Second Street.
c. Removal of the existing pavement structural section to centerline related to the bulb out,
or as required by the City Engineer.
d. Removal of parking spaces on Campbell Avenue per the Traffic Engineer in order to
accommodate the new bulb out.
e. Installation of City standard curb, gutter, and sidewalk.
f. Installation of pavement structural section to centerline related to the bulb out, or as
required by the City Engineer.
g. Installation of a City approved corner bulb out at the northwest corner of Campbell
Avenue and Second Street. The corner bulb out shall have decorative concrete as required
by the City.
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PLN2004-97- 175-201 E. Campbell Avenue-Tentative Subdivision Map
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h. Installation of ADA compliant curb ramp at the northwest corner of Campbell Avenue
and Second Street.
1. Removal of existing street trees and installation of City specified street trees, tree wells,
decorative tree grates and irrigation at 30 feet on center, or as required by the City
Engineer.
J. Installation and relocation of traffic control signs, stripes, posts, and related facilities, as
required by the City Engineer.
k. Protection, relocation, and/or installation of underground utilities including traffic signal,
traffic communication control box, signal interconnection conduits, street lighting
conduits, PG&E, Pac Bell, AT&T and other facilities as appropriate.
1.
Show location of all utilities within the existing public right of way.
m. Relocation of utility boxes, covers, poles, etc. outside of sidewalk area. No utility boxes,
covers, etc. will be allowed in the sidewalk.
n. Construction of conforms to existing public and private improvements, as necessary.
Second Street
a. Removal of one (1) existing driveway approach and necessary sidewalk, curb and gutter.
a. Removal of the existing pavement structural section and installation of new pavement
structural section to centerline related to the bulb out, or as required by the City
Engineer.
b. Removal of parking spaces on Second Street per the Traffic Engineer in order to
accommodate the new bulb out.
c. Installation of City standard curb, gutter, sidewalk and one (1) ADA compliant driveway
approach.
d. Removal of existing street trees and installation of City specified street trees, tree wells,
decorative tree grates and irrigation at 30 feet on center, or as required by the City
Engineer.
e. Installation and relocation of traffic control signs, stripes, posts, and related facilities, as
required by the City Engineer.
f. Protection, relocation, and/or installation of underground utilities including traffic signal,
traffic communication control box, signal interconnection conduits, street lighting
conduits, PG&E, Pac Bell, AT&T and other facilities as appropriate.
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g. Installation and relocation of streetlights, conduits, conductors and related facilities in
accordance with the City of Campbell's Street Lighting Policies.
h. Installation of City approved park bench on sidewalk.
1.
Show location of all utilities within the existing public right of way.
J. Relocation of utility boxes, covers, poles, etc. outside of sidewalk area. No utility boxes,
covers, etc. will be allowed in the sidewalk.
k. Construction of conforms to existing public and private improvements, as necessary.
13. 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.
14. 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.
15. Soils Report: Prior to recordation of the final map, the applicant shall provide a soils report
prepared by a registered geotechnical or civil engineer.
16. 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.
17. 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.
18. 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 of
abandonment. Streets that have been resurfaced within the previous five years will require
boring and jacking for all new utility installations. East Campbell Avenue and North Second
Street have not been resurfaced 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.
19. 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
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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. The applicant must create
positive drainage away from the parking structure.
20. Storm Drain Area Fee: Prior to recordation of the final map, the applicant shall pay the
required Storm Drain Area fee of$2,575.00 per net acre, which is $1,478.00.
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 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 Storm water 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.
22. Covenants, Conditions, and Restrictions: Provide copies of CC&Rs for review by the City
prior to recordation of the final map and CC&Rs.
PASSED AND ADOPTED this 26th day of October, 2004, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Doorley, Francois, Hernandez, Rocha and Roseberry
None
Alderete
Gibbons
APPROVED:
Ge
ATTEST:
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Sharon Fierro, Secretary