PC Res 3661
RESOLUTION NO. 3661
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A TENTATIVE SUBDIVISION MAP
(PLN2005-48) TO ALLOW THE CREATION OF NINE RESIDENTIAL
LOTS ON PROPERTY OWNED BY CULLEN DEMA TTEI
DEVELOPMENT, INC., LOCATED AT 500 W. LATIMER AVENUE IN AN
R-1-6 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT.
APPLICATION OF MS. JENNIFER HUMMEL, ON BEHALF OF CULLEN
DEMATTEI DEVELOPMENT, INC. FILE NO.: PLN2005-48.
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 PLN2005-48:
1. The proposed creation of nine residential parcels and related street improvements is
consistent with the General Plan.
2. The proposed Tentative Subdivision Map is consistent with the R-1-6 Zoning District.
3. The shape and orientation of the lots facilitates solar access.
4. The tentative subdivision map has been distributed to local agencies, including
Pacific Gas and Electric, AT&T Broadband, 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 parcels.
5. The project is not located in a particularly sensitive environment; and no substantial
evidence has been presented to suggest that there is a reasonably possibility that
significant environmental impacts would result from the project due to unusual
circumstances or from the cumulative impacts of successive projects of the same
type in the same place.
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.
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.
Planning Commission Resolution No. 3661
PLN2005-48 - 500 W. Latimer Avenue - Tentative Subdivision Map
Page 2
4. The development and uses would 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.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves a
Tentative Subdivision Map (PLN2005-48) to allow the creation of nine residential lots on
property owned by Cullen DeMattei Development, Inc., located at 500 W. Latimer
Avenue in an R-1-6 (Single 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
Plannina Division
1. Approved Proiect: Approval is granted to create nine (9) single-family lots and a
common lot. The lot design shall substantially conform to the project exhibits listed
below, except as may be modified by the Conditions of Approval herein:
a. Tentative Subdivision Map prepared by Giuliani & Kull, Inc, Engineers, Planners
and Surveyors dated as revised June 15, 2005.
2. Approval Expiration: The Tentative Subdivision Map approval is valid for a period of
two years from the date of Planning Commission approval unless an extension is
granted prior to the expiration date.
3. Construction Mitiaation Measures: The following practices should be followed during
all phases of site preparation and construction activities:
a. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00
p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take
place on Sundays or national holidays unless an exception is granted by the
Building Official.
b. All construction equipment with internal combustion engines used on the project
site shall be properly muffled and maintained in good working condition.
c. Unnecessary idling of internal combustion engines shall be strictly prohibited.
Planning Commission Resolution No. 3661
PLN2005-48 - 500 W. Latimer Avenue - Tentative Subdivision Map
Page 3
d. All stationary noise-generating construction equipment, such as air compressors
and portable power generators, shall be located as far as possible from noise-
sensitive receptors such as existing residences and businesses.
e. Prior to the issuance of building permits, the project site shall be posted with the
name and contact number of the lead contractor in a location visible from the
public street so that the contractor can be made aware of noise complaints.
4. Park Impact Fee: A park impact fee, based on a density range of less than six 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.
5. ArchaeoloQical & Paleontoloaical Resources: If archaeological or paleontological
resources are encountered during excavation or construction, construction
personnel shall be instructed to immediately suspend all activity in the immediate
vicinity of the suspected resources and the City and a licensed archeologist or
paleontologist shall be contacted to evaluate the situation. A licensed archeologist
or paleontologist shall be retained to inspect the discovery and make any necessary
recommendations to evaluate the find under current CEQA guidelines prior to the
submittal of a resource mitigation plan and monitoring program to the City for review
and approval prior to the continuation of anyon-site construction activity.
6. Human Burial or Skeletal Element Discovery: In the event a human burial or skeletal
element is identified during excavation or construction, work in that location shall
stop immediately until the find can be properly treated. The City and the Santa Clara
County Coroner's office shall be notified. If deemed prehistoric, the Coroner's office
would notify the Native American Heritage Commission who would identify a "Most
Likely Descendant (MLD)." The archeological consultant and MLD, in conjunction
with the project sponsor, shall formulate an appropriate treatment plan for the find,
which might include, but not be limited to, respectful scientific recording and
removal, being left in place, removal and reburial on site, or elsewhere. Associated
grave goods are to be treated in the same manner.
PUBLIC WORKS DEPARTMENT
7. Final Map: The applicant shall submit a final map for review by the City and
recordation, upon approval by the City Council, pay various fees and deposits and
submit the map in a digital format acceptable to the City.
8. Preliminary Title Report: Upon submittal of the final map, the applicant shall provide
a current (within the past 6 months) Preliminary Title Report.
9. Riaht-of-Wav for Public Street Purposes: Upon recordation of the final map, the
applicant shall fully complete the process to cause additional right-of-way to be
Planning Commission Resolution No. 3661
PLN2005-48 - 500 W. Latimer Avenue - Tentative Subdivision Map
Page 4
granted in fee for public street purposes:
a. Along Latimer Avenue frontage to accommodate a 30 foot half street width.
b. To extend Llewellyn Avenue into the development to accommodate a 60 foot
street width.
c. To accommodate a cul-de-sac for Llewellyn Avenue into the development that
has a 46 foot right-of-way radius.
The applicant shall submit the necessary documents for approval by the City
Engineer, process the submittal with City staff's comments and fully complete the
right-of-way process. 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. Pedestrian Pathway/Access Easement: Upon recordation of the final map, the
applicant shall dedicate an eight foot (8') wide public access pathway as a public
recreational trail easement (PRTE) for pedestrian, bicycle and non-motorized vehicle
access from the proposed new cul-de-sac at Llewellyn Avenue to Latimer Avenue
along the east side of the project. Access shall be handicap accessible. 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. Public Service Easement: Upon recordation of the final map, the applicant shall
grant a 10' public service easement on private property contiguous with the public
right-of-way along the Llewellyn 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.
12. 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. where applicable.
13. Monumentation for Final Map: Prior to recordation of the final map, the applicant
shall provide security for setting all monuments shown on the map. Monuments shall
be set per section 20.76.010 of the Campbell Municipal Code.
14. 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:
Latimer Avenue
a. Show location of all existing utilities within the new and existing public right of
Planning Commission Resolution No. 3661
PLN2005-48 - 500 W. Latimer Avenue - Tentative Subdivision Map
Page 5
way.
b. Relocation of all existing utilities including utility boxes, covers, poles, etc. outside
of sidewalk area. No utility boxes, covers, poles, etc. will be allowed in the
sidewalk area.
c. Removal of existing street section to centerline.
d. Installation of engineered structural pavement section to centerline, as required
by the City Engineer.
e. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway
approaches.
f. Installation of drainage structures and facilities as required by the City Engineer.
g. Installation of ADA curb ramp.
h. Installation of City specified street trees, at 30 feet on center.
i. Installation of streetlights, conduits, conductors and related facilities in
accordance with the City of Campbell's Street Lighting Policies.
j. Installation of traffic control, stripes and signs.
k. Construction of conforms to existing public and private improvements, as
necessary.
Llewellyn 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. Installation of engineered structural pavement section for entire new street and
cul-de-sac, as required by the City Engineer.
d. New cul-de-sac shall have a right-of-way radius of 46 feet, where the distance
from center of cul-de-sac to face of curb is 36 feet.
e. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway
approaches.
f. Installation of drainage structures and facilities as required by the City Engineer.
g. Installation of City specified street trees, at 30 feet on center.
h. Installation of streetlights, conduits, conductors and related facilities in
accordance with the City of Campbell's Street Lighting Policies.
i. Installation of traffic control, stripes and signs.
j. Construction of conforms to existing public and private improvements, as
necessary.
Pedestrian Pathwav/Access
a. Installation of a pedestrian pathway from the new Llewellyn Avenue cul-de-sac to
Latimer Avenue. The pathway shall be designed and constructed to be ADA
compliant, constructed per City requirements and shall include appropriate
drainage, bollards, lighting and signage. The pathway shall be constructed of
concrete with decomposed granite installed on either side of the concrete
pathway as required by the City Engineer.
Planning Commission Resolution No. 3661
PLN2005-48 - 500 W. Latimer Avenue - Tentative Subdivision Map
Page 6
b. Topography of the area indicating all above and below ground utilities and other
facilities.
c. Grading and drainage plan for the construction of the pathway.
d. Signage plan indicating access to the pathway.
e. Construction details for the concrete pathway, lighting, bollards and utilities
relocation if necessary.
15. 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, and
shall have the design engineer submit as-built drawings to the City.
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 behind the
public right-of-way line.
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 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. Latimer Avenue and Llewellyn Avenue 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. GradinQ and DrainaQe 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
Planning Commission Resolution No. 3661
PLN2005-48 - 500 W. Latimer Avenue - Tentative Subdivision Map
Page 7
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.
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 stormwater 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 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
(BASMM), 1999; and Using Site Design Techniques to Meet Development
Standards for Stormwater Quality: A Companion Document to Start at the Source
("Using Site Design Techniques") by BASMM, 2003.
Prior to occupancy, a qualified BMP certifier is required to inspect the stormwater
management facilities, submit a complete set of as-built drawings to Public Works
Engineering, and certify on these drawings that:
a. The stormwater management facilities were constructed in compliance with the
approved plans.
b. The as-built drawings show all pertinent constructed dimensions, elevations,
shapes, and materials;
c. All variations in construction from the approved design plan have been identified,
including omissions to and additions from the approved plan; and
d. Any changes are in conformance with local, state, or federal regulations
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 stormwater pollution prevention
measures installed or provided as a part of this project.
25. State General Construction Activity Permit: Prior to issuance of any grading or
building permits, the applicant shall comply with the State General Construction
Planning Commission Resolution No. 3661
PLN2005-48 - 500 W. Latimer Avenue - Tentative Subdivision Map
Page 8
Activity Permit requirements including paying fees, filing a Notice of Intent and
providing a Storm Water Pollution Prevention Plan (SWPPP). The applicant shall
provide the City with a copy of the filed Notice of Intent and SWPPP.
26. Demolition: Prior to recording of the final map the applicant shall obtain a demolition
permit and remove any nonconforming structures.
FIRE DEPARTMENT
27. Fire De artment En ine Roadwa Turnaround Re uired: Provide an approved fire
department engine roadway turnaround with a minimum radius of 36 feet outside
and 23 feet inside. Installations shall conform to Fire department standard details
and specification sheet A-1. Cul-de-sac diameters shall be no less than 72 feet.
PASSED AND ADOPTED this 28th day of June, 2005, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Alderete, Doorley, Ebner, Francois and Roseberry
Gibbons and Rocha
None
None
\ .~;;~
ATTEJ~ ~
Sharon Fierro, Secretary