CC Resolution 10572
RESOLUTION NO.
10572
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING A TENTATIVE PARCEL MAP (PLN2005-48)
TO ALLOW THE CREATION OF FOUR RESIDENTIAL LOTS AND ONE
COMMON LOT ON PROPERTY OWNED BY MS. SAMEENA BAIG
LOCATED AT 68 SUNNYSIDE AVENUE IN A P-D (PLANNED
DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. JOSE A.
MARTINEZ, ON BEHALF OF MR. TONY BAIG. 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 City Council did find as follows
with respect to application PLN2005-48:
1. The proposed creation of four 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 8.5 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 Parcel Map is consistent with the Planned Development
Zoning Ordinance.
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 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.
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 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.
City Council Resolution
PLN2005-48 -- 68 Sunnyside Avenue
Approving a Tentative Parcel Map
Page 2
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.
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. 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 (PLN2005-48) to allow the creation of four residential lots and one common
lot on property owned by Ms. Sameena Baig located at 68 Sunnyside Avenue in a P-D
(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 Project: Approval is granted for a Tentative Parcel Map to create four
residential lots and one common lot at 68 Sunnyside Avenue. The Parcel Map shall
substantially conform to the Tentative Parcel Map prepared by Alvarez & Associates
and stamped as received by the Planning Division on June 29, 2005, except as may
be modified by the conditions of approval herein.
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.
City Council Resolution
PLN2005-48 -- 68 Sunnyside Avenue
Approving a Tentative Parcel Map
Page 3
3. Parcel Map: The Planned Development Permit approval is contingent upon
recordation of the Parcel Map to divide the subject property. The Parcel Map shall
be recorded prior to the issuance of building permits.
4. Covenants. Codes and Restrictions (CC&R's): Prior to recordation of the Parcel
Map, the applicant shall submit for review and approval by the City a copy of the
draft CC&R's which shall include the following:
a. Formation of a Homeowner's Association;
b.
Continued architectural controls to ensure the architectural integrity of the
project;
Definition of common areas to be maintained and provision of maintenance for
these areas;
Provision of a funding mechanism to ensure maintenance and upkeep of
common areas;
Provision for the availability of interior garage spaces for the parking of two
vehicles at all times; and
Provision to prohibit the use of outside parking spaces for storage purposes,
including boats, trailers, and recreational vehicles.
c.
d.
e.
f.
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 Parcel Map the applicant shall
obtain a building permit for the demolition of all non-conforming structures. A
demolition permit should not be issued until all other necessary development
applications are approved and have been issued for the project.
7. Photoaraphic Survey: The applicant shall prepare a photographic survey for the
Campbell Historical Museum prior to the issuance of a demolition permit.
8. Common Lot: The final Parcel Map shall include all four outdoor parking spaces
entirely in the area of the common lot.
9. 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).
City Council Resolution
PLN2005-48 -- 68 Sunnyside Avenue
Approving a Tentative Parcel Map
Page 4
PUBLIC WORKS DEPARTMENT
10. Parcel Map: Prior to issuance of any building permits for the project, the applicant
shall submit a parcel map for recordation upon approval by the City and pay the
current application processing fee.
11. Preliminary Title Report: Upon submittal of the parcel map, the applicant shall
provide a current Preliminary Title Report.
12. Public Service and Sidewalk Easement: Upon recordation of the parcel 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 Sunnyside Avenue.
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.
13. Monumentation for Parcel Map: Prior to recordation of the parcel map, the applicant
shall provide security for setting all monuments shown on the map.
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. Water Meter(s) and Sewer qeanout(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.
16. Soils Report: Prior to issuance of any grading or building permits for the site, the
applicant shall provide a soils report prepared by a registered geotechnical or civil
engineer.
17. 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.
18. 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.
19. 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
City Council Resolution
PLN2005-48 -- 68 Sunnyside Avenue
Approving a Tentative Parcel Map
Page 5
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. Sunnyside Avenue was last overlayed in FY 97/98. 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.
20. 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 and 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.
21. Storm Drain Area Fee: Prior to recordation of the parcel map, the applicant shall
pay the required Storm Drain Area fee of $2,318.00 per net acre which is $924.00.
22. 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 Stormwater Quality: A Companion Document to Start at the Source
("Using Site Design Techniques") by BASMAA, 2003.
Applicant to submit calculations to show that the impervious surface that will be
replaced or created by this development will not be over 10,000 square feet. If this
development will create or replace 10,000 square feet of impervious surface,
including roof areas, then this development must comply with requirements of the
C.3 provision of the City's NPDES Stormwater permit.
23. Demolition: Prior to recording of the parcel map the applicant shall obtain a
demolition permit and remove any nonconforming structures.
24. Street Improvements: Prior to 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
City Council Resolution
PLN2005-48 -- 68 Sunnyside Avenue
Approving a Tentative Parcel Map
Page 6
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 all existing driveway approaches and necessary sidewalk, curb and
gutter to accommodate the new improvements.
b. Installation of street trees and irrigation at 40 feet on center.
c. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway
approaches as necessary.
d. Construction of conforms to existing public and private improvements, as
necessary.
e. Installation of traffic control, stripes and signs as necessary.
PASSED AND ADOPTED this
roll call vote:
20th day of September
, 2005, by the following
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Burr, Hernandez, Furtado, Watson, Kennedy
None
None
None
ATTEST: a- J1Þ^-
Anne Bybee, City Clerk
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