PC Res 3769
RESOLUTION NO. 3769
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL RECOMMENDING APPROVAL OF A
TENTATIVE SUBDIVISION MAP (PLN2006-61) TO ALLOW THE
CREATION OF 20 RESIDENTIAL LOTS AND ONE COMMON LOT
ON PROPERTY OWNED BY PANCAL SALMAR, A CALIFORNIA
LIMITED PARTNERSHIP, LOCATED AT 430-450 SALMAR
AVENUE IN A P-D (PLANNED DEVELOPMENT) ZONING
DISTRICT. APPLICATION OF MR. LEONARD HUFTON, ON
BEHALF OF PAN CAL CORPORATION. FILE NO: PLN2006-61.
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 PLN2006-61:
1. The proposed creation of twenty residential lots and one common lot is consistent
with the Commercial/Professional Office/Residential (up to 27 units per gross acre)
General Plan land use designation for the property.
2. The proposed density of 14.1 units per gross acre is within the allowed density range
of up to 27 units per gross acre permitted in the Commercial/Professional
Office/Residential General Plan land use designation.
3. The proposed Tentative Subdivision Map is consistent with the Planned
Development Zoning Ordinance.
4. The common lot would consist of a common access driveway and landscaping.
5. The proposed 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 Tentative Subdivision 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.
8. A finding of Categorical Exemption has been made pursuant to Section 15332,
Class 32, of the California Environmental Quality Act (CEQA).
Planning Commission Resolution No. 3769
PLN2006-61 - 430-450 Salmar Avenue - Tentative Subdivision Map
Page 2
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The proposed Tentative Subdivision Map is consistent with the General Plan and
Zoning Ordinance of the City.
2. The proposed Tentative Subdivision 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 Subdivision 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 Planning Commission recommends approval
of a Tentative Subdivision Map (PLN2006-61) to allow the creation of 20 residential lots
and one common lot on property owned by Pancal Salmar, a California Limited
Partnership, located at 430-450 Salmar 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 a Tentative Subdivision Map to create
twenty residential lots and one common lot on property located at 430-450 Salmar
Avenue. The Final Map shall substantially conform to the Tentative Map prepared
Planning Commission Resolution No. 3769
PLN2006-61 - 430-450 Salmar Avenue - Tentative Subdivision Map
Page 3
by Charles W. Davidson Co., dated June 23,2006, except as may be modified by
the conditions of approval herein.
2. Approval Expiration: The Tentative Subdivision Map approval is valid for a period of
two years from the date of final City Council approval, unless an extension is granted
prior to the expiration date.
3. Final Map: The Planned Development permit approval is contingent upon
recordation of the Final Map to divide the subject property. The Final Map shall be
recorded prior to issuance of building permits.
4. Park Impact Fee: A park impact fee, based on a density range of thirteen to twenty-
one units per gross acre (currently $6,616 per unit, but subject to change), is due
upon 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. The remaining 25% is due prior to issuance of a certificate of building
occupancy.
5. 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).
6. 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 (HOA);
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;
d. Provision of a funding mechanism to ensure maintenance and upkeep of
common areas;
e. Provision of a parking enforcement mechanism to ensure that guest
parking is reserved for the exclusive use of guests. Such a mechanism
shall require each resident to register the license plate(s) of their personal
vehicles with the HOA to ensure compliance.
f. Provision for the availability of interior garage space for the parking of two
vehicles at all times; and
Planning Commission Resolution No. 3769
PLN2006-61 - 430-450 Salmar Avenue - Tentative Subdivision Map
Page 4
g. Provision to prohibit the use of outside parking spaces for storage
purposes, including boats, trailers, and recreational vehicles.
h. Provision to prohibit storage on patios, except for typical outdoor furniture
and plants.
PUBLIC WORKS DEPARTMENT
7. Tentative Map: The applicant shall submit a complete and accurate tentative parcel
map in accordance with the Planning Division's checklist.
8. 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, pay various fees/deposits and submit the map in a
digital format acceptable to the City.
9. Preliminary Title Report: Upon submittal of the final map, the applicant shall provide
a current (within the past 6 months) Preliminary Title Report.
10. Private Easements: Upon recordation of the final map, the applicant shall cause
private easements to be recorded for private utilities, private storm drains, reciprocal
ingress and egress, emergency vehicles, etc.
11. Monumentation for Final Map: Prior to recordation of the parcel map, the applicant
shall provide a deposit 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 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 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 utilities including utility boxes, covers, poles, etc.
outside of sidewalk area. No utility boxes, covers, etc. will be allowed in
the sidewalk area.
c. Removal of existing driveway approaches, sidewalk, curb and gutter.
d. Installation of City approved street trees at 30 feet on center, sod and
irrigation.
Planning Commission Resolution No. 3769
PLN2006-61 - 430-450 Salmar Avenue - Tentative Subdivision Map
Page 5
e. Installation of City standard curb, gutter, separated sidewalk and ADA
compliant driveway approach.
f. Grind and replace 2.5" of asphalt concrete per street pavement restoration
plan for utility installation and/or abandonment, or as required by the City
Engineer.
g. Installation of streetlights, conduits, conductors and related facilities in
accordance with the City of Campbell's Street Lighting Policies.
h. Installation of traffic control, stripes and signs.
i. Installation of City storm drainage facilities in Salmar Avenue as required
to meet storm water provisions.
j. Construction of conforms to existing public and private improvements, as
necessary.
13. Occupancv: Prior to allowing occupancy for any and/or all buildings, the applicant
shall have the required street improvements installed and accepted by the City, and
the design engineer shall submit as-built drawings to the City.
14. Maintenance of LandscapinQ: Owner(s), current and future, are required to maintain
the landscaped park strip and trees 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.
15. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and
sewer cleanout(s) shall be relocated or installed on private property behind the
public right-of-way line.
16. 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.
17. Utilities: All on-site utilities shall be installed underground per Section 21.18.140 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.
18. Utility 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
Planning Commission Resolution No. 3769
PLN2006-61 - 430-450 Salmar Avenue - Tentative Subdivision Map
Page 6
are to be abandoned, and where new utilities and services will be installed. Joint
trenches for new utilities shall be used whenever possible.
19. 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. Bucknall Road has not been reconstructed or overlaid in the last 5
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.
20. Gradino and DrainaQe Plan: Prior to issuance of any grading or building permits for
the site, the applicant shall conduct hydrology studies based on a ten-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. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or
building permits, the applicant shall comply with the National Pollution Discharge
Elimination System (NPDES) permit requirements, Santa Clara Valley Water District
requirements, and the Campbell Municipal Code regarding stormwater pollution
prevention. Specifically the project must include source control, site design and
treatment measures to achieve compliance with Provision C.3. of the NPDES
Permit. Measures may include, but are not limited to, minimization of impervious
surface area, vegetated swales, infiltration areas, and treatment devices. The
primary objectives are to improve the quality and reduce the quantity of stormwater
runoff to the bay.
a. Resources to achieve these objectives include Stormwater Best
Management Practices Handbook for New Development and
Redevelopment ("CA BMP Handbook") by the California Stormwater
Quality Association (CASQA), 2003; Start at the Source: A Design
Guidance Manual for Stormwater Quality Protection ("Start at the Source")
by the Bay Area Stormwater Management Agencies Association
(BASMM), 1999; and Using Site Design Techniques to Meet
Development Standards for Storm water Quality: A Companion Document
to Start at the Source ("Using Site Design Techniques") by BASMM,
2003.
i. Upon submission of the preliminary site/grading plans, the applicant
shall calculate and submit to the City the amount of impervious
surface created by the development.
Planning Commission Resolution No. 3769
PLN2006-61 - 430-450 Salmar Avenue - Tentative Subdivision Map
Page 7
ii. Prior to issuance of grading or building permits the applicant's
designer or engineer shall submit the required certification
indicating that sizing, selection, and design of treatment BMP's for
the project site has been completed to meet the requirements of the
City of Campbell's NPDES permit, No. 01-119, Provision C.3.
iii. The applicant shall comply with the requirements of the NPDES
Construction General Permit.
iv. The applicant shall also comply with any other or new conditions as
required by the City of Campbell's most current NPDES permit.
b. Prior to occupancy, a qualified BMP certifier is required to inspect the
stormwater management facilities, submit a complete set of as-built
drawings to Public Works Engineering, and certify on these drawings that:
i. The stormwater management facilities were constructed in
compliance with the approved plans.
ii. The as-built drawings show all pertinent constructed dimensions,
elevations, shapes, and materials;
iii. All variations in construction from the approved design plan have
been identified, including omissions to and additions from the
approved plan; and
iv. Any changes are in conformance with local, state, or federal
regulations
c. Prior to occupancy, the applicant shall provide security for the operation
and maintenance of stormwater pollution prevention measures installed or
provided as a part of this project, and shall sign the "Covenants for the
Operation and Maintenance of Stormwater Facilities".
22. State General Construction Activity Permit: Prior to issuance of any grading or
building permits, the applicant shall comply with the State General Construction
Activity Permit requirements including paying fees, filing a Notice of Intent and
providing a Storm Water Pollution Prevention Plan (SWPPP). The applicant shall
provide the City with a copy of the filed Notice of Intent and SWPPP.
23. Covenants. Conditions. and Restrictions: Provide copies of CC&Rs for review by
the City prior to recordation of the final map and CC&Rs.
24. Demolition: Prior to recording of the final map/parcel map the applicant shall obtain
a demolition permit and remove any nonconforming structures.
Planning Commission Resolution No. 3769
PLN2006-61 - 430-450 Salmar Avenue - Tentative Subdivision Map
Page 8
25. Plan Lines: Upon submittal of a development application, the applicant shall provide
a plan layout showing the correct distance from the street centerline to the property
line, dimensions of sidewalk and other relevant information in the public right of way.
PASSED AND ADOPTED this 24th day of October 2006, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Alderete, Francois, Gibbons, Rocha and Roseberry
Doorley and Ebner
None
None
~ C~
APPROVED: \ ~
Bob Alderete, Chair
~
haron Fierro, Secretary