PC Res 3609
RESOLUTION NO. 3609
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CAMPBELL RECOMMMENDING APPROVAL OF A TENTATIVE
SUBDIVISION MAP (PLN2004-46) TO SUBDNIDE A PARCEL INTO
EIGHT RESIDENTIAL LOTS WITH ONE COMMON LOT ON PROPERTY
OWNED BY CULLEN DEMATTEI DEVELOPMENT, INc., LOCATED AT
121-133 KENNEDY AVENUE IN A PD (PLANNED DEVELOPMENT)
ZONING DISTRICT. APPLICATION OF MR. BRUNO MARCELIC, ON
BEHALF OF CULLEN DEMATTEI DEVELOPMENT, INC. FILE NO.:
PLN2004-46.
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 PLN2004-46:
1. The proposed creation of eight residential lots and one common lot is consistent with the
Medium Density Residential (14-20 units per gross acre) General Plan land use designation
for the property.
2. The proposed Tentative Parcel Map is consistent with the Planned Development Zoning
Ordinance.
3. The provisions of the Covenants Conditions and Restrictions are necessary to ensure the
long-term maintenance of the common access driveway and landscaping.
4. The Tentative Parcel 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 proposed lots.
5. 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 upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The proposed Tentative Parcel Map is consistent with the General Plan and Zoning
Ordinance of the City.
2. 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.
Planning Commission Resolution No. 3609
PLN2004-46 - 121-133 Kennedy Avenue - Tentative Subdivision Map
Page 2
3. The design of the Tentative Parcel 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 proportionaiity 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 (PLN2004-46) to subdivide property into eight residential lots
and one common lot on property owned by Cullen DeMattei Development, Inc., located at 121-
133 Kennedy 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
Plannin!! Division
1. Approved Project: Approval is granted for a Tentative Parcel Map to create eight residential
lots and one common lot at 121-133 Kennedy Avenue. The Final Map shall substantially
conform to the Tentative Parcel Map prepared by Giuliani & Kull, Inc., Engineers, Planners,
and Surveyors, and dated as received by the Planning Division on November 4, 2004, except
as may be modified by the conditions of approval herein.
a. Applicant shall provide a common lot in addition to the eight residential lots shown on
the Tentative Parcel Map, prior to submittal of the Final Parcel Map.
2. 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.
Planning Commission Resolution No. 3609
PLN2004-46 - 121-133 Kennedy Avenue - Tentative Subdivision Map
Page 3
3. Parcel Map: The Planned Development Permit approval is contingent upon recordation of
the Final Map to divide the subject property. The Final Map shall be recorded prior to the
issuance of building permits.
4. Covenants. Codes and Restrictions (CC&Rs): Prior to recordation of the Final Map and
CC&R's, the applicant shall submit for review and approval by the City Attorney and
Community Development Director a copy of the draft CC&Rs which shall include the
following:
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 two interior garage spaces for each unit for the parking of
vehicles at all times; and
g. Provision to prohibit the use of parking spaces for storage purposes, including boats,
trailers and recreational vehicles.
5. Park Impact Fee: A park impact fee of $7,035 per unit is due upon development of the site.
Credit in the amount of $10,990 will be given for the existing single-family residence. Prior
to recordation of the Parcel Map, 75% of this fee is due. The remaining 25% is due prior to
issuance of a certificate of building occupancy.
6. 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).
PUBLIC WORKS DEPARTMENT
7. Final Parcel Map: Prior to issuance of any building permits for the project, the applicant
shall submit a final parcel map for review by the City and recordation, upon approval by the
City Council. The current plan check fee is $3,200 plus $35 per lot.
8. Right-of- W ay for Public Street Purposes: Upon recordation of the final map, the applicant
shall cause additional right of way to be grated for public street purposes along the Industrial
way frontage to accommodate a 21.5' half street width (i.e. 4 feet of dedication). 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.
Planning Commission Resolution No. 3609
PLN2004-46 - 121-133 Kennedy Avenue - Tentative Subdivision Map
Page 4
9. Public Service Easement and Sidewalk Easement: Upon recordation of the final map, the
applicant shall grant a five (5) foot public service easement and sidewalk easement on private
property contiguous with the public right of way along the Kennedy Avenue and Industrial
Way frontages. 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.
10. 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.
11. Monumentation for Parcel Map: Prior to recordation of the parcel map, the applicant shall
provide security for setting all monuments shown on the map.
12. Street Improvements: Upon 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:
Kennedy Avenue
a. Removal of existing sidewalk, driveway approach and curb & gutter.
b. Removal of existing curb ramp at corner of Kennedy Avenue and industrial Way.
c. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway
approach.
d. Installation of ADA compliant curb ramp at corner of Kennedy Avenue and Industrial
Way.
e. Preservation of existing trees behind sidewalk and installation of additional tress and
irrigation as required by City Engineer.
f. Installation of traffic control, stripes and signs.
g. Construction of conforms to existing public and private improvements, as necessary.
Industrial Way
a. Removal of existing sidewalk, curb & gutter and driveway approach.
b. Removal of existing driveway approach at 120 Sunnyside Avenue, along the Industrial
Way frontage.
c. Removal of the existing pavement structural section and installation of new pavement
structural section to centerline, or as required by the City Engineer.
d. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway
approach.
e. Installation of ADA compliant driveway approach at 120 Sunnyside Avenue, along the
Industrial way frontage.
f. Installation of trees and irrigation at 40 feet on center behind sidewalk.
g. Installation of a new streetlight, including conductor, conduits, and related facilities in
accordance with the City of Campbell's Street Lighting Policies.
h. Installation of traffic control, stripes and signs, including no parking signs along the
frontage of the development.
Planning Commission Resolution No. 3609
PLN2004-46 -121-133 Kennedy Avenue - Tentative Subdivision Map
Page 5
1. 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 installed on private property behind the public right-of-way line.
15. 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.
16. Utilities: All new on-site utilities shall be installed underground per Section 20.36.150 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. Streets that have been resurfaced within the
previous five years will require boring and jacking for all new utility installations. Applicant
shall also prepare pavement restoration plans for approval by the City Engineer prior to any
utility installation or abandonment.
18. 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.
19. Storm Drain Area Fee: Prior to recordation of the parcel map/final map, the applicant shall
pay the required Storm Drain Area fee of$2,250.00 per net acre, which is $1,282.50.
20. 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 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.
Planning Commission Resolution No. 3609
PLN2004-46 - 121-133 Kennedy Avenue - Tentative Subdivision Map
Page 6
21. Covenants. Conditions. and Restrictions: Provide copies of CC&Rs for review by the City
prior to recordation of the parcel map and CC&Rs.
22. Demolition: Prior to recording of the final map/parcel map the applicant shall obtain a
demolition permit and remove any nonconforming structures.
PASSED AND ADOPTED this 9th day of November, 2004, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Doorley, Francois, Gibbons, Hernandez and Roseberry
None
Alderete
Rocha
APPROVED:
George Doorley, Chair
ATTEST: ~ ~
/sharon Fierro, Secretary