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PC Res 3422RESOLUTION NO. 3422 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A TENTATIVE PARCEL MAP (PLN2002-120) TO CREATE TWO LOTS ON PROPERTY OWNED BY MS. SHIRLEY LU LEVITT AT 154 SUNNYSIDE AVENUE IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MS. SHIRLEY LU LEVITT. FILE NO. PLN2001-120. 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 PLN2001-120: 1. The proposed creation of two residential parcels is consistent with the General Plan. 2. The proposed Parcel Map is consistent with the Planned Development Zoning Ordinance. 3. The shape and orientation of the lots facilitates solar access. The tentative parcel 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. 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 parcel map is consistent with the General Plan. 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. The design of the tentative parcel map provides, to the extent feasible, for future passive or natural heating and cooling opportunities. 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. Planning Commission Resolution No. 3422 PLN2001-120 - 154 Sunnyside Avenue -- Tentative Parcel Map - Two Lots Page 2 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 recommends approval of a Tentative Parcel Map (PLN2001-120) to create two lots on property owned by Ms. Shirley Lu Levitt at 154 Sunnyside 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 Planning Division 1. Approved Project: Approval is granted for a Tentative Parcel Map to create two residential parcels on property located at 154 Sunnyside Avenue. The Tentative Parcel Map shall substantially conform to the Tentative Parcel Map prepared by prepared by Kirkeby Engineering received on March 8, 2002, except as modified by the Conditions of Approval herein. Tentative map approval is valid for a period of two years from the date of approval and shall expire unless an extension of approval is granted. Final Parcel Map: This Tentative Parcel Map approval is contingent upon approval of the final parcel map to divide the subject property. The final parcel map shall be approved and recorded prior to issuance of building permits. o Park Impact Fee: A park impact fee of $7,035 for one new unit developed at a density range of six to 13 units per gross acre, or the fee in effect at the time of occupancy, is due upon development of the site. Prior to recordation of the final parcel map, 75% of this fee is due. The remaining 25% is due prior to issuance of a certificate of building occupancy. 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 5. Parcel Map: Prior to issuance of any grading or building permits for the project, the applicant shall submit a Final Parcel Map for review by the City and recordation, upon approval by the City. The current plan check fee is $1,215.00 plus $25 per lot. Planning Commission Resolution No. 3422 PLN2001-120 - 154 Sunnyside Avenue -- Tentative Parcel Map - Two Lots Page 3 Preliminary Title Report: Prior to recordation of the Final Parcel Map, the applicant shall provide a current Preliminary Title Report, grant deed, or other satisfactory proof of ownership. Public Service Easement and Sidewalk Easement: Upon recordation of the Final 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 the Sunnyside 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. 8. Easements: Upon recordation of the Final Parcel Map, the applicant shall cause Easements to be recorded for private utilities, private storm drains, reciprocal ingress and egress, etc. Monumentation for Final Parcel Map: Prior to recordation of the Final Parcel Map, the applicant shall provide security guaranteeing the cost of setting all Monuments shown on the map, as determined by the City Engineer. 10. Street Improvements: Prior recordation of the Final Parcel Map, the applicant shall execute a street improvement agreement and shall cause plans for public Street Improvements to be prepared by a registered civil engineer, pay fees, 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 in accordance with all applicable conditions of approval, ordinances, laws and regulations and accepted engineering practices. The fee for a non-utility encroachment permit is $245.00. The plans shall include the following: a. Removal of existing curb, gutter, sidewalk, and driveway approach. b. Construction of new curb, gutter, sidewalk, and two separated ADA compliant driveway approaches. c. Installation of street trees and irrigation at 40 feet on center. d. Construction of conforms to existing public and private improvements, as necessary. 11. 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. 12. Soils Report: Prior to the issuance of any grading or building permits for the site, applicant shall provide a Soils Report prepared by a registered geotechnical or civil engineer. 13. 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. 14. Storm Drain Area Fee: Prior to recordation of the Final Parcel Map, the applicant shall pay the required Storm Drain Area fee of $2,250/acre Planning Commission Resolution No. 3422 PLN2001-120 - 154 Sunnyside Avenue -- Tentative Parcel Map - Two Lots Page 4 PASSED AND ADOPTED this 23rd day of April, 2002, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Alderete, Francois, Gibbons, Hernandez, Leonard Doorley None None Jones and ATTEST: Sharon Fierro, Secretary