PC Res 3603
RESOLUTION NO. 3603
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CAMPBELL RECOMMMENDING APPROVAL OF A TENTATIVE
SUBDIVISION MAP (PLN2004-116) TO SUBDIVIDE A PARCEL ON
PROPERTY OWNED BY PANG BROTHERS INVESTMENT COMPANY
LOCATED AT 1815 S. BASCOM AVENUE IN A PD (PLANNED
DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. ANTHONY
HO, ON BEHALF OF PANG BROTHERS INVESTMENT COMPANY. FILE
NO.: PLN2004-116.
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 PLN2004-116:
1. The creation of one lot, 45 condominium "air space" units, one common residential "air
space", and one retail "air space" is consistent with the Commercial/Professional
OfficelResidential (up to 27 units per gross acre) General Plan land use designation.
2. The maximum density allowed under the General Plan is 27 units per gross acre and the
project provides 26.78 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 proposed project includes provisions for access to natural air and light for all of the
units.
5. The provisions of the Covenants, Conditions and Restrictions are necessary to ensure the
long-term property maintenance and continued architectural integrity of the project.
6. 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.
7. 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).
Based on 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.
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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 (PLN2004-116) to subdivide property owned by Pang Brothers
Investment Company located at 1815 S. Bascom Avenue in a PD (Planned Development)
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 Proiect: Approval is granted for a Tentative Subdivision Map to create one lot, 45
residential condominium "air space" units, one common residential "air space", and one
retail "air space" located at 1815 S. Bascom Avenue. The Subdivision Map shall
substantially conform to the Tentative Subdivision Map prepared by Creegan and D'Angelo
Engineers and dated as received by the Planning Division on October 20, 2004, except as
may be modified by the conditions of approval herein.
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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 45 units, a total of $253,575 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. All existing structures
shall be secured by having windows boarded up and doors sealed shut, or be demolished or
removed from the property (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 of the 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 of the required landscaping for the project;
f. Provision for the availability of interior garage space 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;
h. Provision to control and enforce parking for the residential and commercial uses.
i. Provision to ensure that the tandem parking spaces will be grouped with the standard
space in front of it and assigned to the same unit so that the tandem spaces will not have
to be shared by more than one household; and
j. Prohibition of building mounted antennae.
k. Provision to prohibit the use of residential balconies for storage purposes, temporary or
permanent.
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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
Council.
8. Condominium Plan: Prior to building occupancy, the applicant shall submit a Condominium
Plan for review by the City, process the plan with City staffs comments and fully complete
and record the condominium plan.
9. Preliminary Title Report: Upon submittal of the final map, the applicant shall provide a
current Preliminary Title Report.
10. Right-of-Way for Public Street Purposes: Prior to recordation of the final map, or shown on
the final map, the applicant shall cause additional right-of-way to be granted for public street
purposes along the S. Bascom Avenue frontage to accommodate a 10-foot park strip and a 7-
foot sidewalk. Further, the applicant shall cause additional right-of-way to be granted for
public street purposes along the Campisi Way frontage to accommodate a 10-foot sidewalk.
The applicant shall cause all documents to be prepared by a registered civil engineerlland
surveyor, as necessary, for the City's review and recordation.
11. Private Easements: Upon 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.
12. Monumentation for Final Map: Prior to recordation of the parcel map, the applicant shall
proyide security for setting all monuments shown on the map. Monuments shall be set per
section 20.76.010 of the Campbell Municipal Code.
13. 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:
Bascom Avenue
a. Show location of all existing utilities within the new and existing public right of way.
b. 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.
c. Removal of existing sidewalk, curb and gutter as determined by the City Engineer.
d. Removal of existing curb ramp at southwest corner of S. Bascom Avenue and Campisi
Way.
e. Replacement of existing underground utilities, signal interconnect conduits and
conductors, street lighting conduits and conductors, utility boxes, and protection of
PG&E, SBC, and Comcast facilities.
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f. Installation of new modified Streetscape Standards including a 7 foot sidewalk, 10 foot
landscaped park strip, curb, gutter, including City approved street trees at approximately
30 feet on center, and irrigation.
g. Installation of ADA compliant curb ramp at southwest corner of S. Bascom Avenue and
Campisi Way, as required by City Engineer.
h. Installation of traffic control, stripes and signs as determined by the City Engineer.
Construction of conforms to existing public and private improvements, as necessary.
Campisi Way
a. Show location of all existing utilities within the new and existing public right of way.
b. 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.
c. Removal of existing sidewalk, curb and gutter as determined by the City Engineer.
d. Removal of two (2) existing driveway approaches.
e. Replacement of existing underground utilities, signal interconnect conduits and
conductors, street lighting conduits and conductors, utility boxes, and protection of
PG&E, SBC, and Comcast facilities.
f. Installation of City standard 10 foot sidewalk, curb and gutter.
g. Installation of two (2) ADA compliant driyeway approaches.
h. Installation of street trees, tree wells and irrigation at 30 feet on center.
1. Construction of conforms to existing public and private improvements, as necessary.
14. 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.
15. 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.
16. 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 to the proposed new property
lines.
17. Soils Report: Prior to issuance of any grading or building permits for the site, applicant shall
provide a soils report prepared by a registered geotechnical or civil engineer.
18. 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.
19. 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
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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.
20. 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. Bascom Avenue and Campisi
Way have 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.
21. 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
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.
22. 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 $3,193.00.
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 storm water pollution prevention. Specifically the
project must include source control, site design and treatment measures to achieve
compliance with Provision c.3. of the NPDES Permit. Measures may include, but are not
limited to, minimization of impervious surface area, vegetated swales, infiltration areas, and
treatment devices. The primary objectives are to improve the quality and reduce the quantity
of storm water 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.
24. Operation and Maintenance of Stormwater Pollution Prevention Measures: Prior to
recordation of the final map, the applicant shall execute an agreement and provide security
for the operation and maintenance of storm water pollution prevention measures installed or
provided as a part ofthis project.
25. State Construction General Permit: Prior to issuance of any grading or building permits, the
applicant shall comply with the State Construction General Permit requirements including
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paying fees, filing a Notice of Intent and providing a Storm Water Pollution Preyention Plan
(SWPPP).
26. Covenants. Conditions. and Restrictions: Provide copies of CC&Rs for review by the City
prior to recordation of the final map and CC&Rs.
27. Demolition: Prior to recording of the final map the applicant shall obtain a demolition permit
and remove any nonconforming structures.
PASSED AND ADOPTED this 26th day of October, 2004, by the following roll call vote:
AYES: Commissioners: Doorley, Francois, Gibbons, Hernandez, Rocha and
Roseberry
NOES: Commissioners: None
ABSENT: Commissioners: Alderete
ABSTAIN: Commissioners: None
APPROVED:
ATTEST:
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Sharon Fierro, Secretary