CC Resolution 10315
RESOLUTION NO.
10315
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL APPROVING A TENTATIVE PARCEL MAP
(PLN2003-150) TO CREATE FOUR LOTS AND A COMMON
DRIVE ON PROPERTY OWNED BY MR. QUE NADER LOCATED
AT 549 W. RINCON AVENUE IN A P-D (PLANNED
DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR.
QUE NADER. FILE NO. PLN2003-150.
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 City Council did find as follows with
respect to application PLN2003-150:
1. The proposed creation of four 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. The project qualifies as Categorically Exempt under Section 15315, Class 15 of the
California Environmental Quality Act (CEQA).
Based upon the foregoing findings of fact, the City Council 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.
3. The design of the Tentative Parcel Map provides, to the extent feasible, for future passive or
natural heating and cooling opportunities.
City Council Resolution
PLN2003-150 - 549 W. Rincon Avenue -- Tentative Parcel Map
Page 2
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 City Council approves a Tentative Parcel
Map (PLN2003-150) to create four lots and a common drive on property owned by Mr. Que
Nader located at 549 W. Rincon Avenue, subject to the following conditions:
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
Plannin2: Division
1. Approved Project: Approval is granted for a Tentative Subdivision Map to create five
residential lots and one common lot at 213 W. Rincon Avenue. The Subdivision Map shall
substantially conform to the Tentative Subdivision Map prepared by SMP Company, Civil
Engineer and dated November 17, 2003, 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. Subdivision Map: The Planned Development Permit approval is contingent upon recordation
of the Subdivision 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 Subdivision 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:
City Council Resolution
PLN2003-150 - 549 W. Rincon Avenue -- Tentative Parcel Map
Page 3
a. The formation of a homeowner's association to ensure the long-term maintenance of the
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, including the common access driveway.
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 for the availability of an interior garage space for the parking of two vehicles at
all times.
f. Provision to prohibit the use of parking spaces for storage purposes, including boats,
trailers, and recreational vehicles.
g. The on-site sewer shall be privately maintained.
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. Tentative Map: The applicant shall submit a tentative map for review by the City. The
current application processing fee is $4,170.00.
8. 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. The current plan check fee is $3,200 plus $35 per parcel.
9. Preliminary Title Report: Upon submittal of the tentative map, the applicant shall provide a
current Preliminary Title Report.
10. 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.
City Council Resolution
PLN2003-150 - 549 W. Rincon Avenue -- Tentative Parcel Map
Page 4
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: Upon 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:
a. Removal of curb, gutter, sidewalk and driveway approach.
b. Installation of curb, gutter, sidewalk and ADA compliant driveway approach.
c. 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): 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 final map, the applicant shall pay the
required Storm Drain Area fee of $2,250.00 per net acre, which is $825.00.
City Council Resolution
PLN2003-150 - 549 W. Rincon Avenue -- Tentative Parcel Map
Page 5
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 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 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.
21. Covenants, Conditions, and Restrictions: Provide copies of CC&Rs for review by the City
prior to recordation of the final map and CC&Rs.
22. Demolition: Prior to recording of the final map the applicant shall obtain a demolition permit
and remove any nonconforming structures.
PASSED AND ADOPTED this 20th day of
vote:
April
, 2004, by the following roll call
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Furtado, Watson, Dean, Kennedy, Burr
None
None
None
ATTEST:
/~
~e Bybee, City Clerk
AP PRO ~==-~----~ ~-
Donald R. Burr, Mayor