PC Res 3441RESOLUTION NO. 3441
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A
TENTATIVE SUBDIVISION (PLN2001-130) TO CREATE 20
TOWNHOME LOTS AND ONE COMMON LOT ON PROPERTY
OWNED BY CORE DEVELOPMENT INC. AT 117 GILMAN
AVENUE IN A P-D (PLANNED DEVELOPMENT) ZONING
DISTRICT. APPLICATION OF MR. CHRIS NEALE, ON BEHALF
OF COROEM BUILDERS. FILE NO. PLN2001-130.
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 PLN2001-130:
The proposed creation of 20 townhome units and one common lot is consistent with the
General Plan designation of Medium-High Density Residential/Commercial, and related
policies for SOCA neighborhood and Downtown Development Plan policies.
2. The proposed Tentative Map is consistent with the General Plan Housing Element Policy B:
Encourage housing units affordable to a variety of household income levels.
The proposal for 20 residential townhome units including three units affordable as required
by the Redevelopment Plan would provide necessary housing within an existing urbanized
area that is fully served by utilities and public services.
4. The proposed project includes provisions for access to natural air and light for all of the
units.
5. The provisions of the CC&R's are necessary to ensure the long-term property maintenance
and continued architectural integrity of the project.
6. An Initial Study was prepared for this project and no significant environmental impacts were
found.
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The proposed subdivision is consistent with the General Plan.
2. The proposed subdivision does not impair the balance between the housing needs of the
region, the public service needs of its residents and available fiscal and environmental
resources.
Planning Commission Resolution No. 3441
PLN2001-130 - 117 Gilman Avenue--Tentative Subdivision Map
Page 2
3. The design of the subdivision provides, to the extent feasible, for future passive or natural
heating and cooling opportunities.
No substantial evidence has been presented which shows that the project as currently
presented and subject to the attached conditions, will have a significant effect upon the
environment.
5. 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.
6. There is a reasonable relationship and 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 Subdivision Map (PLN2001-130) to create 20 townhome lots and one common lot
on property owned by Core Development Inc. at 117 Gilman 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
Approved Project: Approval is granted to create twenty (20) residential lots and a common
lot for a twenty-unit townhome development. The site design shall substantially conform to
the Tentative Subdivision Map prepared by engineers Louis Engineering Corporation, dated
on May 2002. The proposed map is hereby revised to depict the common access driveway as
a common lot. Tentative map approval is valid for two years from the date of City Council
approval of the map.
Covenants, Codes and Restrictions (CC&Rs): The applicant shall be required to submit for
review and approval by the City Attorney and Community Development Director a copy of
the CC&Rs which shall include the following:
a. Formation of a homeowner's association to ensure the long-term maintenance of
buildings and properties.
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 driveway.
Planning Commission Resolution No. 3441
PLN2001-130 - 117 Gilman Avenue--Tentative Subdivision Map
Page 3
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 interior garage space for the parking of two (2) vehicles
at all times.
Park Impact Fee: A park impact fee of $6,615 per unit is due upon development of the
townhouse project. Prior to recordation of the final subdivision map, 75% of this fee is due.
The remaining 25% is due prior to issuance of a certificate of building occupancy.
4. Property Maintenance: The property is to be maintained free of any combustible trash,
debris and weeds until the time that actual construction commences
PUBLIC WORKS DEPARTMENT
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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 $1,510.00 plus $25 per lot.
6. Preliminary Title Report: Prior to recordation of the Tract Map, the applicant shall provide a
current Preliminary Title Report.
Public Service Easement: Prior to recordation of the Final Map, the applicant shall grant a
three (3) foot Public Service Easement on private property contiguous with the public right-
of-way along the Gilman and Sam Cava Avenue frontages. 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.
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Easements: Prior to recordation of the Final Map, the applicant shall cause Easements to be
recorded for private utilities, private storm drains, reciprocal ingress and egress, parking, etc.,
as necessary.
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Monumentation for Final Maps: Prior to recordation of the Final 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 to recordation of the Final 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 public improvements, as
required by the City Engineer. The plans shall include the following:
a. Removal of existing driveway approaches and replacement with curb, gutter, and
sidewalk.
b. Construction of ADA compliant sidewalk and 25' foot (minimum) driveway approach, as
necessary.
Planning Commission Resolution No. 3441
PLN2001-130- 117 Gilman Avenue---Tentative Subdivision Map
Page 4
c. Installation of decorative street light(s) in accordance with the City's Street Lighting
Policy.
d. Refurbishment and reconstruction of the existing decorative streetlights and concrete
bases to comply with current standards.
e. Installation of street trees and irrigation system, as necessary.
f. Grinding of pavement and installation of AC overlay because of utility construction.
g. Construction of conforms to existing public and private improvements.
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 fight-of-way line.
12. 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.
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. Utility Installation Plan: Prior to issuance bf building permits for the site, the applicant shall
submit a Utility Installation Coordination Plan and Schedule for approval by the City
Engineer for installation of street improvements and/or abandonment of all utilities. Streets,
which have been resurfaced within the previous 5 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.
15. 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 10 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 1994 edition of the UBC including Chapters 18,
33, and Appendix Chapter 33.
16. Storm Drain Area Fee: Prior to recordation of the Final Map, the applicant shall pay the
required Storm Drain Area fee of $2,228, which is $2,2250 per acre.
17. Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building
permits, the applicant shall comply with the National Pollution Discharge Elimination
System (NPDES) permitting requirements and the California Storm Water Best Management
Practices handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley
Water District and the City of Campbell Municipal Code regarding Storm Water Pollution
Prevention.
18. Covenants, Conditions, and Restrictions: Provide copies of CC&Rs for review by the City
prior to recordation of the Final Map and CC&Rs.
Planning Commission Resolution No. 3441
PLN2001-130 - 117 Gilman Avenue--Tentative Subdivision Map
Page 5
19. Demolition: Prior to recording of the Final Map/Parcel Map the applicant shall obtain a
Demolition permit to remove any non-conforming structures.
20. Reapportionment of Assessments: Prior to recordation of the Final Map/Parcel Map,
applicant shall submit an application and pay fees for the Reapportionment of Assessments
for the new parcel/lot configuration.
PASSED AND ADOPTED this 9th day of July, 2002, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Alderete, Doorley, Francois, Gibbons, Hemandez and
Jones
None
None
None ~ ~ff_~t~l/~
APPROV{, To~'~'~hcoi~ Chair _~
Sharon Fierro, Secretary