PC Res 3459RESOLUTION NO. 3459
BEING A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CAMPBEll. APPROVING A TENTATIVE
PARCEL MAP (PLN2002-85) TO DIVIDE ONE LOT INTO
TWO ON PROPERTY OWNED BY RICHARD AND ARLINE
TABOREK LOCATED AT 1441 WALNUT DRIVE IN AN R-
I-lO (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT.
APPLICATION OF RICHARD AND ARLINE TABOREK.
FILE NO. PLN2002-85.
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 PLN2002-85:
The proposed project has a density of 2.8 units per gross acre, which is consistent with
the General Plan land use designation of Low Density Residential (less than 3.5 units
per gross acre).
The proposed map is consistent with the development standards (including lot size and
minimum lot width) of the R-l-10 Zoning District and the San Tomas Area
Neighborhood Plan.
3. The proposed subdivision layout allows for access to sunlight.
4. Each new lot created has adequate access to a public fight-of-way.
5. The project qualifies as Categorically Exempt per Section 15315, Class 15 (Minor Land
Divisions) of the California Environmental Quality Act (CEQA).
Based upon the foregoing findings of fact, the Community Development Director further
finds and concludes that:
1. The proposed subdivision is consistent with the General Plan and the Zoning
Ordinance.
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.
Planning Commission Resolution No. 3459
PLN2002-85 - 1441 Walnut Drive
Tentative Parcel Map to divide one lot into two
Page 2
4. The proposed development 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.
o
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 Planning Commission approves a Tentative
Parcel Map (PLN2002-85) to divide one lot into two on property owned by Richard and Arline
Taborek located at 1441 Walnut Drive, 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 Permit: Approval is granted for a Tentative Parcel Map to allow the division of
a parcel into two (2) residential lots on property located at 1441 Walnut Drive. The Final
Parcel Map shall substantially conform to the Tentative Parcel Map prepared by Saeid
Razavi, SMP Company and dated July 11, 2002, except as may be modified by the
Conditions of Approval herein. Development of a new residence on Lot A shall require
approval of a Site and Architectural Review Permit.
2. Final Map: The Final Map shall indicate the applicable building setback lines as shown in
Exhibit B.
3. Depict Trees on Final Map: The Final Map shall include all trees on the parcel to make
them protected.
Approval Expiration: The Tentative Parcel Map approval is valid for a period of two
years from the date of approval (September 24, 2004) unless an extension of approval is
granted prior to the expiration date.
o
Park Impact Fee: The applicant shall pay a fee in-lieu of park dedication of $10,990 for
the new lot and residence. Seventy-five (75%) of this fee is due prior to the Final Parcel
Map recordation and twenty-five (25%) of the fee is due prior to issuance of a certificate
Planning Commission Resolution No. 3459
PLN2002-85 - 1441 Walnut Drive
Tentative Parcel Map to divide one lot into two
Page 3
of occupancy by the Building Division for a new single-family dwelling constructed on
site.
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
unoccupied 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
7. 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. The current plan check
fee is $1,240.00 plus $25 per parcel.
o
Preliminary Title Report: Upon submittal of the tentative map, the applicant shall
provide a current Preliminary Title Report.
o
Monumentation for Parcel Map: Prior to recordation of the parcel map, the applicant
shall provide security for setting all monuments shown on the map.
10.
Street Improvements: Upon recordation of the parcel map/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
public street improvements, as required by the City Engineer. The fee for a non-utility
encroachment permit application is currently $260.00. The plans shall include the
following:
a. Construction of asphalt concrete cul-de-sac and driveway approach within the
existing Steven Court right-of -way and a driveway approach on Stevens Court;
b. Construction of asphalt concrete driveway approach on Walnut Drive;
c. Construction of conforms to existing public and private improvements, as necessary.
11.
Work in the Public Right-of-Way: Prior to doing any work in the public right-of-way, the
applicant shall obtain an encroachment permit, provide plans, pay fees and deposits, post
security, and provide insurance.
12. 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.
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, as
needed to design the pavement section.
Planning Commission Resolution No. 3459
PLN2002-85 - 1441 Walnut Drive
Tentative Parcel Map to divide one lot into two
Page 4
14.
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.
15.
Utility Installation Plan: Prior to issuance of 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.
16.
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 1998 edition of the California
Building Code including Chapters 10, 11, 18, 33, and Appendix Chapter 33.
17. Storm Drain Area Fee: Prior to recordation of the parcel map/final map, the applicant
shall pay the required Storm Drain Area fee which is $2,000 per net acre.
18.
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.
The City will provide the applicant with information to assist in complying with this
condition of approval. The primary objective is to improve the quality and reduce the
quantity of storm water runoff to the Bay.
19. Tree Removal Permit: Upon submittal of the development application(s) to the
Community Development Department, the applicant shall also submit an application for
removal of the on-site pine trees within the proposed cul-de-sac public right-of-way.
Development plans shall include a tree protection plan for the protection and preservation
of retained trees.
UTILITIES
20. Sanitary Sewer: The property owner/developer shall obtain permits from West Valley
Sanitation District of Santa Clara County. Current estimate permit fee is $1,500.00 for each
parcel.
Planning Commission Resolution No. 3459
PLN2002-85 - 1441 Walnut Drive
Tentative Parcel Map to divide one lot into two
Page 5
21. Pacific Bell Telephone Company: The property owner/developer shall provide a five-foot
Public Utility Easement along the southern property line of Lot B, prior to recordation of
the Final Map.
PASSED AND ADOPTED this 24th day of September, 2002, by the following roll call vote:
AYES: Commissioners: Alderete, Francois, Gibbons, Hernandez, Jones and
Rocha
NOES: Commissioners: None
ABSENT: Commissioners: Doorley
ABSTAIN: Commissioners: None ~
APPRO VE~~ i~/~.~Z~ .~,O~r~d,/?~~/~ .-~
"'-'To/n Francois,~air-" -J
ATTEST:
Sharon Fierro, Secretary