PC Res 3655
RESOLUTION NO. 3655
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL RECOMMMENDING APPROVAL OF A
TENTATIVE SUBDIVISION MAP (PLN2004-173) TO ALLOW THE
CREATION OF FIVE RESIDENTIAL LOTS AND ONE COMMON LOT ON
PROPERTY OWNED BY MR. BEN SCHULMAN LOCATED AT 620 W.
HACIENDA AVENUE IN AN R-M (MULTIPLE FAMILY RESIDENTIAL)
ZONING DISTRICT. APPLICATION OF MR. RICHARD HARO, ON
BEHALF OF MR. BEN SCHULMAN. FILE NO.: PLN2004-173.
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 PLN2004-173:
1. The proposed creation of five residential lots and one common lot is consistent with
the Low-Medium Density Residential (6-13 units per gross acre) General Plan land
use designation for the property.
2. The proposed density of 8.62 units per gross acre is within the allowed density range
of 6-13 units per gross acre permitted in the Low-Medium Density Residential
General Plan land use designation.
3. The proposed Tentative Subdivision Map is consistent with the Planned
Development Zoning Ordinance.
4. The common lot would consist of a common access driveway, shared parking
spaces, and landscaping.
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 proposed lots.
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).
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
Planning Commission Resolution No. 3655
PLN2004-173 - 620 W. Hacienda Avenue - Tentative Subdivision Map
Page 2
1. The proposed Tentative Subdivision Map is consistent with the General Plan and
Zoning Ordinance of the 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 (PLN2004-173) to allow the creation of five
residential lots and one common lot on property owned by Mr. Ben Schulman located at
620 W. Hacienda Avenue in an R-M (Multiple Family Residential) 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 five
residential lots and one common lot at 620 W. Hacienda Avenue. The Final
Subdivision Map shall substantially conform to the Tentative Subdivision Map
prepared by BKF Engineers and stamped as received by the Planning Division on
June 8, 2005, except as may be modified by the conditions of approval herein.
Planning Commission Resolution No. 3655
PLN2004-173 - 620 W. Hacienda Avenue - Tentative Subdivision Map
Page 3
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. Final 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. 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;
b. Continued architectural controls to ensure the architectural integrity of the
project, including a provision that ensures that shared building walls and roofs
are repaired, repainted, and/or replaced as necessary;
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;
e. Provision for the availability of interior garage space for the parking of two
vehicles at all times; and
f. 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, based on a density range of six to thirteen units
per gross acre, is due upon development of the site. Credit shall be given for any
existing single-family residence to be demolished. 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. Demolition of Structures: Prior to recordation of the Final Subdivision Map the
applicant shall obtain a building permit for the demolition of all non-conforming
structures.
7. Propertv 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).
Planning Commission Resolution No. 3655
PLN2004-173 - 620 W. Hacienda Avenue - Tentative Subdivision Map
Page 4
PUBLIC WORKS DEPARTMENT
8. Final Map: Prior to issuance of any building permits for the project, the applicant
shall submit a final map for recordation upon approval by the City. The current plan
check fee is $3,200.00 plus $35 per parcel.
9. Preliminarv Title Report: Upon submittal of the final map, the applicant shall provide
a current Preliminary Title Report.
10. RiQht-of Wav for Public Street Purposes: Upon recordation of the final map, the
applicant shall cause additional right-of-way to be granted for public street purposes
for a 45 foot half street width along with a 10 foot public service easement on private
property contiguous with the public right-of-way along the Hacienda Avenue
frontage. 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.
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 final map, the applicant
shall provide security for setting all monuments shown on the map.
13. 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.
14. 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.
15. Utilities: All 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.
16. Utilitv 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.
Planning Commission Resolution No. 3655
PLN2004-173 - 620 W. Hacienda Avenue - Tentative Subdivision Map
Page 5
17. 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. This section of Hacienda Avenue has not been 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.
18. Gradina and Drainaae 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. No sheet flow will be allowed across public property.
PASSED AND ADOPTED this 14th day of June, 2005, by the following roll call vote:
AYES: Commissioners: Alderete, Doorley, Ebner, Francois, Gibbons, Rocha
and Roseberry
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
ATTE~ y~
Sharon Fierro, Secretary