CC Resolution 10604
RESOLUTION NO.
10604
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING A TENTATIVE SUBDIVISION MAP (PLN2005-
90) TO CREATE EIGHT RESIDENTIAL LOTS ON PROPERTY OWNED
BY KIRKORIAN ENTERPRISES LLC LOCATED AT 1859 BUCKNALL
ROAD AND 145 FULTON STREET IN A C-1-S (NEIGHBORHOOD
COMMERCIAL) AND R-2-S (MULTIPLE FAMILY RESIDENTIAL)
ZONING DISTRICTS. APPLICATION OF MR. MIKE MUSSANO, ON
BEHALF OF WARD-YOUNG ARCHITECTURE AND PLANNING. FILE
NO.: PLN2005-90.
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 PLN2005-90:
1. The proposed creation of 8 lots at a density of 9.3 units per gross acre 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 Tentative Subdivision 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 driveway, architectural integrity
and landscaping quality.
4. 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.
5. The proposed project, to the extent feasible, 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. 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:
City Council Resolution
PLN2005-90 -1859 Bucknall Road & 145 Fulton Street -- Tentative Subdivision
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 City Council approves a Tentative
Subdivision Map (PLN2005-90) to allow the creation of eight lots on property owned by
Kirkorian Enterprises LLC located at 1859 Bucknall Road & 145 Fulton Street in a C-
1-S (Neighborhood Commercial) and R-2-S (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 for a Tentative Subdivision Map to create 8 residential
lots on properties located at 1859 Bucknall Road & 145 Fulton Street. The site
design and subdivision design shall substantially conform to the project exhibits
listed below, except as may be modified by the conditions of approval herein:
City Council Resolution
PLN2005-90 - 1859 Bucknall Road & 145 Fulton Street -- Tentative Subdivision
Page 3
a. Tentative Subdivision Map prepared by Kenneth Nelson, RCE and Lester
Ikegami, RCE, dated October 10 & 11, 2005, including a plot plan, preliminary
grading and drainage plan.
b. The proposed Tentative Subdivision Map shall delineate a landscape easement
along the street frontage of the project and along driveways where 3 foot picket
fences are shown.
2. Approval Expiration: The Tentative Subdivision Map approval is valid for a period of
two years from the date of final approval, unless an extension is granted prior to the
expiration date.
3. Planned Development Permit Approval: Valid 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 to ensure the long-term maintenance of
landscaping, fences, driveways and special paving.
b. Continued architectural controls to ensure the architectural integrity of the
project.
c. Definition of common landscape and driveway areas to be maintained and
provisions for maintenance of these areas.
d. A funding mechanism to ensure maintenance and upkeep of common landscape
and shared driveway(s), fencing and special paving.
e. On-going maintenance of the required front yard landscaping, fencing and
special paving for the project.
f. Requirement for the availability of garage space for the parking of vehicles at all
times.
g. A prohibition on the use of parking spaces for storage purposes, including boats,
trailers, and recreational vehicles.
PUBLIC WORKS
5. 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
City Council Resolution
PLN2005-90 -1859 Bucknall Road & 145 Fulton Street -- Tentative Subdivision
Page 4
approval by the City Council and submit the map in a digital format acceptable to the
City.
6. Preliminary Title Report: Upon submittal of the tentative map, the applicant shall
provide a current Preliminary Title Report.
7. 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.
8. Monumentation for Final Map: Prior to recordation of the final map, the applicant
shall provide a cash deposit for setting all monuments shown on the map.
Monuments shall be set per section 20.76.010 of the Campbell Municipal Code.
9. 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:
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. Removal of existing driveway approach and necessary sidewalk, curb and gutter
as required by the Engineer.
d. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway
approaches and curb ramps on Bucknall Road and Fulton Street as necessary.
e. Installation of street trees and irrigation at 30 feet on center along Bucknall Road
and Fulton Street.
f. Installation of City standard benchmark.
g. Installation of monument wells.
h. Installation of streetlights, conduits, conductors and related facilities in
accordance with the City of Campbell's Street Lighting Policies along Bucknall
Road, and Fulton Street.
i. Installation of traffic control, stripes and signs as necessary.
J. Construction of conforms to existing public and private improvements, as
necessary.
k. Permits will be required from the City of San Jose and Santa Clara Valley Water
District for utility, sanitary sewer and storm sewer connections including trench
restoration on Bucknall Road. Note that the proposed sanitary and storm
connections on Bucknall Road is in San Jose jurisdiction and may also be in
conflict with the 20" SCVWD central pipeline. It shall be the owner's responsibility
in obtaining and complying with the requirements of these permits.
City Council Resolution
PLN2005-90 -1859 Bucknall Road & 145 Fulton Street -- Tentative Subdivision
Page 5
10. 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.
11. Maintenance of Landscapinq: Owner(s), current and future, are required to maintain
the landscaped park strip and tree wells in the public right of way. This includes, but
is not limited to: trees, lawn, plantings, irrigation, etc. Trees shall not be pruned in a
manner that would not allow the tree to grow to a mature height.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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. Bucknall Road or Fulton 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.
17. 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
the California Building Code including Chapters 10, 11, 18, 33, and Appendix
Chapter 33.
City Council Resolution
PLN2005-90 - 1859 Bucknall Road & 145 Fulton Street -- Tentative Subdivision
Page 6
A grading and drainage certificate prepared by the licensed civil engineer or land
surveyor shall be submitted to the City Engineer upon project completion. This
certificate shall certify that final grading is in compliance with the approved grading
and drainage plan.
18. Storm Drain Area Fee: Prior to recordation of the final map, the applicant shall pay
the required Storm Drain Area fee of $2,385.00 per net acre, which is $1,531.00.
19. 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 (UCA BMP
Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start
at the Source: A Design Guidance Manual for Stormwater Quality Protection (UStart
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.
20. Demolition: Prior to recording of the final map the applicant shall obtain a demolition
permit and remove any nonconforming structures.
PASSED AND ADOPTED this 17th
call vote:
day of
January
, 2006, by the following roll
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBER:
COUNCILMEMBER:
COUNCILMEMBER:
COUNCILMEMBER:
Kennedy, Hernandez, Burr, Furtado, Watson
None
None
None
APPROVED:
ATTEST:
tldh-
Anne Bybee, City Clerk