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CC Resolution 10680 RESOLUTION NO. 10680 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING AN EXTENSION OF APPROVAL (PLN2006-77) TO GRANT A TWO-YEAR EXTENSION FOR A TENTATIVE PARCEL MAP TO CREATE FOUR RESIDENTIAL LOTS AND ONE COMMON LOT ON PROPERTY OWNED BY MR. AMIR KHOJASTEH LOCATED AT 705 W. HACIENDA AVENUE IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. AMIR KJOHASTEH. FILE NO: PLN2006-77. 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 PLN2006-77: 1. The creation of four residential lots and one common lot 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 density of 9.3 units per gross acre is within the allowed density range of 6-13 units per gross acre permitted in the Low-Medium Density Residential General Plan land use designation. 3. The Tentative Parcel Map is consistent with the Planned Development Zoning designation. 4. The common lot would consist of a common access driveway, shared parking spaces, and landscaping. 5. The project 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. The Subdivision Map Act allows an extension to a Tentative Parcel Map up to a maximum of five years beyond the original map life, which was two years. 8. The Tentative Parcel 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. 9. The project qualifies as Categorically Exempt under Section 15315, Class 15 of the California Environmental Quality Act (CEQA). City Council Resolution PLN2006-77 -705 W. Hacienda Avenue-Extension of Approval- Tentative Parcel Map Page 2 Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. The proposed Tentative Parcel Map is consistent with the General Plan and Zoning Ordinance of the City. 2. The 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. 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. 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. THEREFORE, BE IT RESOLVED that the City Council approves the Extension of Approval (PLN2006-77) to grant a two-year extension for a Tentative Parcel Map to create four residential lots and one common lot on property owned by Mr. Amir Khojasteh located at 705 W. Hacienda Avenue in a P-D (Planned Development) 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 Proiect: Approval is granted for an Extension of Approval of a Tentative Parcel Map (PLN2006-77) to create four residential lots and one common lot on property located at 705 W. Hacienda Avenue. The Tentative Parcel Map shall substantially conform to the Tentative Parcel Map prepared by Survey Construction City Council Resolution PLN2006-77 -705 W. Hacienda Avenue-Extension of Approval- Tentative Parcel Map Page 3 Staking Co., Inc. and stamped as received by the Planning Division on June 16, 2006, except as may be modified by the conditions of approval herein. 2. Approval Expiration: The Extension of Approval of the Tentative Parcel Map is for a period of two years, until October 15, 2008. Failure to record the Parcel Map before this date shall render the Tentative Parcel Map void. 3. Park Impact Fee: The applicant shall pay the current park impact fee, based on a density range of six to thirteen units per gross acre, for the development of the site. Credit shall be given for any existing single-family residence to be demolished. Prior to recordation of the Parcel Map, 75% of this fee is due and the remaining 25% is due prior to issuance of a certificate of building occupancy. 4. Demolition of Structures: Prior to recordation of the Parcel Map the applicant shall obtain a building permit for the demolition of all non-conforming structures. 5. Tree Protection Plan: The applicant shall submit a tree protection plan for all protected trees to be retained on site or on adjacent lots that are impacted by the project, and shall contain specific information about the preservation of the trees during any grading or building on site. Such tree protection measures shall be installed prior to any demolition, grading, or building on the project site. No construction or trenching shall take place within the drip line of trees and a fence constructed of temporary cyclone fencing or wire mesh securely attached to poles driven into the ground shall be installed around the dripline of the tree. All trimming or branch removal from protected trees shall be completed by a certified arborist. The tree protection plan shall be submitted to the Planning Division for review and approval by the Community Development Director prior to the issuance of building permits. 6. Propertv 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). 7. Covenants. Codes and Restrictions (CC& R's): Prior to recordation of the Parcel Map, the applicant shall submit for review and approval by the City a copy of the draft CC& R's which shall include the following: a. Formation of a Homeowner's Association; b. Continued architectural controls to ensure the architectural integrity of the project, including a provision that ensures that shared building walls and roofs are repaired, repainted, and/or replaced as necessary; City Council Resolution PLN2006-77 -705 W. Hacienda Avenue-Extension of Approval - Tentative Parcel Map Page 4 c. Definition of common areas to be maintained and provision of maintenance for these areas; d. Provision of a funding mechanism to ensure maintenance and upkeep of common areas; e. Provision for the availability of interior garage space for the parking of two vehicles at all times; and f. Provision to prohibit the use of outside parking spaces for storage purposes, including boats, trailers, and recreational vehicles. PUBLIC WORKS DEPARTMENT 8. Parcel Map: Prior to issuance of any building permits for the project, the applicant shall pay the difference between the old parcel map fee and the current parcel map fee which is $1,160. 9. Preliminary Title Report: The applicant shall provide a current Preliminary Title Report. 10. Public Service Easement: Prior to or upon recordation of the parcel map, the applicant shall grant a 10 foot public service easement on private property contiguous with the public right-of-way along the Hacienda 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. 11. Monumentation for Parcel Map: Prior to recordation of the parcel map, the applicant shall provide security for setting all monuments shown on the map. Monuments shall be set per section 20.76.010 of the Campbell Municipal Code. 12. Street Improvements: Prior to recordation of the parcel map, the applicant shall execute a street improvement agreement, shall 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 facilities, including utility boxes, covers, poles, etc. outside the sidewalk area. No utility boxes, covers, poles, etc. will be allowed in the sidewalk area. c. Construction of ADA compliant driveway approach. City Council Resolution PLN2006-77 -705 W. Hacienda Avenue-Extension of Approval- Tentative Parcel Map Page 5 d. Construction of curb, gutter, and detached sidewalk along the property frontage including modification of said improvements to preserve the existing 30 inch diameter cedar tree. e. Installation of street trees and irrigation at about 40 feet on center. f. Installation of a street light in accordance with the Street Lighting Policies of the City of Campbell. g. Construction of new pavement across the property frontage to the street centerline of Hacienda Avenue. h. Installation of traffic controls, stripes, and signs as appropriate. I. Protection and relocation of utilities as necessary. j. Construction of conforms to existing public and private improvements as necessary. 13. Maintenance of Landscapinq: Current and future owner(s) are required to maintain the landscaped park strip 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. 14. 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. 15. 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 to determine the required pavement section. 16. Utilities: All new on-site Utilities shall be installed underground per Section 21.186.140 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. 17. 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. City Council Resolution PLN2006-77 -705 W. Hacienda Avenue-Extension of Approval - Tentative Parcel Map Page 6 18. 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. This property is located on the north side of Hacienda Avenue between Capri Drive and Virginia Avenue and has not been resurfaced during the last five 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. 19. 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 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. 20. Gradinq and Drainaqe Plan Review Fee: Prior to the issuance of any grading or building permits for the site, the applicant shall pay the required drainage fee of $800. 21. Storm Drain Area Fee: Prior to issuance of any grading or building permits for the site, the applicant shall pay the required Storm Drain Area fee of $2,385 per net acre, which is $822. 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 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. 23. Covenants. Conditions. and Restrictions (CC&R's): Provide copies of CC&R's for review by the City prior to recordation of the parcel map and CC&R's. 24. Demolition: Prior to recording of the Parcel Map the applicant shall obtain a Demolition permit to remove any nonconforming structures. 25. Outstandinq and Additional Fees: The applicant shall pay all outstanding fees as required for the expired planned development permit and also pay additional plan check and inspection fees as determined by public works staff. City Council Resolution PLN2006-77 -705 W. Hacienda Avenue-Extension of Approval - Tentative Parcel Map Page 7 PASSED AND ADOPTED this 11th roll call vote: day of September , 2006, by the following AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Kennedy, Burr, Furtado, Watson None Hernandez None ATTEST: APPROVED: (7~ ~~ JeanetttKNatson, Mayor Anne Bybee, City Clerk