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PC Res 3775 RESOLUTION NO. 3775 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP (PLN2006-66) TO CREATE 15 RESIDENTIAL LOTS AND ONE COMMON LOT ON PROPERTY OWNED BY MR. NICK GERA LOCATED AT 154 & 160 S. FIRST STREET IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. NICK GERA. FILE NO: PLN2006-66. After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. The Planning Commission finds as follows with regard to File No. PLN2006-66: 1. The proposed creation of 15 lots at a density of 10.6 units per gross acre 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 Tentative Subdivision Map is consistent with the Planned Development Zoning Ordinance. 3. The provisions of the Covenants, Conditions and Restrictions are necessary to ensure the long-term maintenance of the common driveway, architectural integrity and common landscaping areas. 4. 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. 5. The proposed project, to the extent feasible, 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. A Mitigated Negative Declaration has been prepared for this project concluding that there are no significant unmitigated impacts associated with this project, pursuant to the California Environmental Quality Act (CEQA). Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: Planning Commission Resolution No. 3775 PLN2006-66 - 154 & 160 S. First Street - Tentative Subdivision Map Page 2 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. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 7. 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 (PLN2006-66) to allow the creation of 15 residential lots and one common lot on property owned by Mr. Nick Gera located at 154 & 160 S. First Street 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 for a Tentative Subdivision Map to create 15 residential lots and a common lot on properties located at 154 & 160 S. First Street. The site design and subdivision design shall substantially conform to the project exhibits listed below, except as may be modified by the conditions of approval herein: Planning Commission Resolution No. 3775 PLN2006-66 -154 & 160 S. First Street - Tentative Subdivision Map Page 3 a. Tentative Subdivision Map prepared by Mark Helton, Giuliani & Kull, Inc., dated July 31,2006. b. The Public Works Department and Community Development Director shall clarify that the setback between the structures and the property lines are a minimum of th ree feet. 2. Approval Expiration: The Tentative Subdivision Map approval is valid for a period of two years from the date of final approval, unless an extension is granted prior to the expiration date. 3. Planned Development Permit Approval: Valid approval is contingent upon recordation of the Final Subdivision Map to divide the subject property. The Final Subdivision Map shall be recorded prior to the issuance of building permits. 4. Covenants. Codes and Restrictions: The applicant shall submit a draft copy of the Covenants, Conditions and Restrictions (CC&R's) to the Planning Division for approval by the Community Development Director and City Attorney, prior to the recordation of the Final Subdivision Map, which provide for: a. Formation of a Homeowner's Association to ensure the long-term maintenance of landscaping, fences, sound walls and driveways. b. Continued architectural controls to ensure the architectural integrity of the project. c. Definition of common landscape and driveway areas to be maintained and provisions for maintenance of these areas. d. A funding mechanism to ensure maintenance and upkeep of common landscape and shared driveway(s). e. On-going maintenance of the required front yard landscaping for the project. f. Requirement for the availability of garage space for the parking of vehicles at all times. g. A prohibition on the use of parking spaces for storage purposes, including boats, trailers, and recreational vehicles. PUBLIC WORKS 5. 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. Planning Commission Resolution No. 3775 PLN2006-66 - 154 & 160 S. First Street - Tentative Subdivision Map Page 4 6. Preliminary Title Report: Upon submittal of the final map, the applicant shall provide the Public Works Department with a current (within the past 6 months) Preliminary Title Report. 7. Rioht-of-Wav for Public Street Purposes: Upon recordation of the final map, the applicant shall fully complete the process to cause additional right-of-way to be granted in fee for public street purposes along the S. First Street frontage to accommodate 10 feet of right-of-way from curb face to back of walk. The applicant shall submit the necessary documents for approval by the City Engineer, process the submittal with City staff's comments and fully complete the right-of-way process. 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. 8. Public Service Easement: Upon recordation of the final map, the applicant shall grant a 5 foot public service easement on private property along the S. First Street frontage. Further, the applicant shall grant a 15 foot public service easement on private property along the northerly property line adjacent to the City parking structure. 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. 9. 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. 10. Monumentation for Final Map: Prior to recordation of the final map, the applicant shall provide a cash deposit for setting all monuments shown on the map. Monuments shall be set per section 20.76.010 of the Campbell Municipal Code. 11. 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. Planning Commission Resolution No. 3775 PLN2006-66 - 154 & 160 S. First Street - Tentative Subdivision Map Page 5 d. Installation of City approved street trees at 20 feet on center, including sod and irrigation. e. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway approach. f. Installation of asphalt concrete overlay per street pavement restoration plan for utility installation and/or abandonment, 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. Construction of conforms to existing public and private improvements, as necessary. 12. Additional Street Improvements: Should any new utility main lines or other work required to service the development affect any public improvements, the City may add conditions to the development/project, at the discretion of the City Engineer, to restore pavement or other public improvements to the satisfaction of the City. 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 Landscapina: Owner(s), current and future, are required to maintain the landscaped park strip and tree wells 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. Utilitv Encroachment Permit: Separate permits for the installation of utilities to serve the development will be required (including water, sewer, gas, electric, etc.). Applicant shall apply for and pay all necessary fees for utility permits for sanitary sewer, gas, water, electric and all other utility work. 16. 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. 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 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. Planning Commission Resolution No. 3775 PLN2006-66 - 154 & 160 S. First Street - Tentative Subdivision Map Page 6 Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. 19. 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. 20. 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. S. First Street 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. 21. 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 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. 22. Storm Drain Area Fee: Prior to recordation of the final map, the applicant shall pay the required Storm Drain Area fee, currently set at $2,385 per net acre. 23. 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. 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; Planning Commission Resolution No. 3775 PLN2006-66 -154 & 160 S. First Street - Tentative Subdivision Map Page 7 Start at the Source: A Design Guidance Manual for Stormwater Quality Protection ("Start at the Source") by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Stormwater Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. a. Upon submission of the tentative parcel map, the applicant shall calculate and submit to the City the amount of impervious surface created by the development including the types of stormwater controls to be used. b. 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. c. The applicant shall also comply with any other or new conditions as required by the City of Campbell's most current NPDES permit. 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: a. The stormwater management facilities were constructed in compliance with the approved plans. b. The as-built drawings show all pertinent constructed dimensions, elevations, shapes, and materials; c. All variations in construction from the approved design plan have been identified, including omissions to and additions from the approved plan; and d. Any changes are in conformance with local, state, or federal regulations. 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. Prior to recordation of the final map the applicant shall sign the "Covenants for the Operation and Maintenance of Stormwater Facilities" and submit a Stormwater Management Plan. 24. State General Construction Activitv 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. Planning Commission Resolution No. 3775 PLN2006-66 - 154 & 160 S. First Street - Tentative Subdivision Map Page 8 25. Covenants. Conditions. and Restrictions: Provide copies of CC&Rs for review by the City prior to recordation of the final map and CC&Rs. 26. Demolition: Prior to recording the final map the applicant shall obtain a demolition permit and remove any nonconforming structures. 27. Vacation of Public Street and Easements: Prior to or concurrently with the recordation of the final map, the applicant shall fully complete the street vacation process. The applicant shall submit a vacation of excess right-of-way application for approval by the City Engineer, pay the current application processing fee, process the application with City staff's comments and fully complete the street vacation. PASSED AND ADOPTED this 14th day of November 2006, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Alderete, Ebner, Francois, Gibbons and Roseberry None Doorley Rocha ATTEST: APPROVED: ~ j;: ~ Bob Alderete, Chair