PC Res 3362RESOLUTION NO. 3362
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A
TENTATIVE SUBDIVISION MAP (PLN2001-45) TO ALLOW THE
CREATION OF 22 LOTS (21 UNITS AND ONE COMMON LOT)
ON PROPERTY LOCATED AT 300 ORCHARD CITY DRIVE IN
A C-PD (COMDOMINIUM/PLANNED DEVELOPMENT) ZONING
DISTRICT. APPLICATION OF WATER TOWER I, LLC. FILE NO.
PLN2001-45.
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 PLN2001-45:
o
o
o
The proposed creation of 21 condominium units and one common lot is consistent with the
General Plan designation of Commercial, and related policies for downtown and Downtown
Development Plan policies.
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 21 residential condominium 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.
The proposed project includes provisions for access to natural air and light for all of the
units.
The provisions of the CC&Rs are necessary to ensure the long-term property maintenance
and continued architectural integrity of the project.
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 Resomtion No. 3362
PLN2001-45 - 300 Orchard City Drive - Tentative Subdivision Map (22 lots)
Page 2
3. The design of the subdivision provides, to the extent feasible, for future passive or natural
heating and cooling opportunities.
4. 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.
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 Califomia that pertain to this development
and are not herein specified.
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
1. Approved Project: Approval is granted to construct five (5) single-family homes. The
building designs and site design shall substantially conform to the project exhibits listed
below, except as may be modified by the Conditions of Approval herein:
a. Set of plans prepared by Mcmarie Associates received on May 9, 2001, including
building elevations, site plan, and a conceptual landscape plan.
b. Color elevations and materials board submitted by Memarie Associates on May 9, 2001.
c. Tentative Subdivision Map prepared by SMP Civil Engineers submitted on March 22,
2001.
2. Landscaping: The applicant shall submit four sets of landscape and irrigation plans to the
Planning Division, prior to the issuance of building permits, for review and approval by the
Community Development Director for compliance with all applicable conditions of approval,
ordinances, laws and regulations.
a. Landscape and irrigation plans shall be consistent with the Conceptual Landscape Plan
already submitted and the City's Water Efficient Landscaping Standards (WELS).
b. In addition to the trees shown on the preliminary landscape plan, two (2) 36-inch box
trees shall be required as a replacement for the 16-inch diameter Fir and 24-inch diameter
Willow trees that were removed without a Tree Removal Permit.
c. To the extent possible, the landscape plan for Lot 1 shall take into consideration the
proximity of the adjacent creek channel and have a design compatible with the creek.
Planning Commission Resolution No. 3362
PLN2001-45 - 300 Orchard City Drive - Tentative Subdivision Map (22 lots)
Page 3
3. Parking and Driveways:
a. All parking and driveway areas shall be developed in compliance with Chapter 21.50 of
the Campbell Municipal Code.
b. The applicant shall provide decorative pavement within the driveway and in front of the
garages where uncovered parking spaces are provided in the development. The design
and materials to be used for the decorative pavement shall be reviewed and approved by
the Community Development Director for compliance with all applicable conditions of
approval, ordinances, laws and regulations prior to issuance of building permits for the
project.
4. 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 provide for the formation of a homeowner's association to ensure the
long-term maintenance of the access driveway and associated landscaping.
5. Park Impact Fee: A park impact fee of $7,035 per unit is due upon development of the site.
Credit in the amount of $10,990 will be given for the existing single-family residence. 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.
6. Fences: Any newly proposed fencing shall comply with Section 21.59.090 of the Campbell
Municipal Code and shall substantially comply with the fence detail dated February 5, 2001
provided by Williams Residential Design.
7. 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).
8. Utility Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to
installation of PG&E utility (transformer) boxes and San Jose Water Company back-flow
preventers, indicating the location of the boxes and screening (if the boxes are above ground)
for approval by the Planning Division.
9. On-site lighting: On-site lighting shall be shielded away from adjacent properties and
directed on site. The design and type of lighting fixtures and lighting intensity of any
proposed exterior lighting for the project shall be reviewed and approved by the Community
Development Director prior to installation of the lighting for compliance with all applicable
conditions of approval, ordinances, laws and regulations. Lighting fixtures shall be of a
decorative design to be compatible with the residential development and shall incorporate
energy saving features.
PUBLIC WORKS DEPARTMENT
10. 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.
Planning Commission Resotution No. 3362
PLN2001-45 - 300 Orchard City Drive - Tentative Subdivision Map (22 lots)
Page 4
11. Preliminary Title Report: Prior to recordation of the Tract Map, the applicant shall provide a
current Preliminary Title Report.
12. Right-of-Way for Public Street Purposes: Prior to recordation of the Final Map, the applicant
shall cause additional Right-of-Way to be granted for Public Street Purposes along the Elam
Avenue frontage as necessary to accommodate 30-foot half street. 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. Easements: Prior recordation of the Final Map, the applicant shall cause Easements to be
recorded for private utilities, private storm drains, reciprocal ingress and egress, etc.
14. Monumentation for Final Map: 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 in accordance with all applicable conditions of approval,
ordinances, laws and regulations and accepted engineering practices.
15. Street Improvements: Prior 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 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. Reconstruction of the existing pavement section, as determined by the City Engineer,
based on field tests provided by the applicant, to centerline from easterly property line of
the proposed development to the westerly property line of Smith Creek,
b. Construction of new concrete curb, gutter, sidewalk, street trees, irrigation, streetlights,
and ADA compliant driveway approaches along the project frontage,
c. Construction of City storm drain improvements, as necessary,
d. Relocation and adjustment of utilities, as necessary,
e. Installation and relocation of traffic signs and stripes, as necessary,
f. Construction of conforms to existing public and private improvements, as necessary.
16. 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.
17. 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.
18. 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.
Planning Commission Resomtion No. 3362
PLN2001-45 - 300 Orchard City Drive - Tentative Subdivision Map (22 lots)
Page 5
19. 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 in accordance
with all applicable conditions of approval, ordinances, laws and regulations and accepted
engineering practices.
20. 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.
21. Storm Drain Area Fee: Prior to recordation of the Final Map, the applicant shall pay the
required Storm Drain Area fee of $2,250/acre.
22. 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 Califomia 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.
23. Covenants, Conditions, and Restrictions: Provide copies of CC&Rs for review by the City
prior to recordation of the Final Map.
24. Demolition: Prior to recording of the Final Map/Parcel Map the applicant shall obtain a
Demolition permit to remove any nonconforming structures.
25. Site Plan: The applicant shall provide a complete and accurate Site Plan in accordance with
the Planning Division's checklist.
SANTA CLARA VALLEY WATER DISTRICT
26. Permit Required: A Santa Clara Valley Water District Permit is required for any work within
50 feet of the top of a creek bank or District right-of-way.
Planning Commission Resolution No. 3362
PLN2001-45 - 300 Orchard City Drive - Tentative Subdivision Map (22 lots)
Page 6
PASSED AND ADOPTED this 26th day of June, 2001, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Francois, Gibbons, Jones and Lindstrom
None
Doorley, Hemandez and Lowe
None
ATTEST:
M~om, Chair
Sharon Fierro, Secretary