CC Resolution 10228
RESOLUTION NO. 10228
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING A TENT A TIVE SUBDIVISION MAP
(PLN2003-67) TO ALLOW THE CREATION OF FIVE TOWNHOME
LOTS AND ONE COMMON LOT ON PROPERTY OWNED BY MR.
PELUSA BASTIDA LOCATED AT 122 SHELLEY A VENUE IN A P-D
(PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION
OF MR. PELUSA BASTIDA. FILE NO. PLN2003-67.
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 PLN2003-67:
1. There have been no changes in the project plans, site, physical environmental conditions, or
environmental setting that would result in significant environmental impacts not anticipated
at the time of the adoption of the Negative Declaration.
2. There have been no changes in the development standards or regulations that would warrant
changes to the conditions of approval.
3. There have been no changes in the General Plan and the Zoning of the property since the
previous approval of the project.
4. The provisions of the Covenants, Conditions and Restrictions are necessary to ensure the
long-term property maintenance and continued architectural integrity of the project.
5. 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 project.
Based upon the foregoing findings of fact, the City Council 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.
City Council Resolution
PLN2003-67 - 122 Shelley A venue- Tentative Subdivision Map
Page 2
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.
NOW, THEREFORE, BE IT RESOLVED that the City Council approves a Tentative
Subdivision Map (PLN2003-67) to allow the creation of five townhome lots and one common lot
on property owned by Mr. Pel usa Bastida located at 122 Shelley A venue, 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 Proiect: Approval is granted for a Tentative Subdivision Map to create five
townhouse lots and one common lot located at 122 Shelley Avenue. The Subdivision Map
shall substantially conform to the Tentative Subdivision Map prepared by Kirkeby
Engineering and dated as received by the Planning Division on May 20, 2003, 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. Tentative Subdivision Map: The Planned Development Permit 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. Park Impact Fee: A park impact fee of $7,035 per unit is due upon development of the
townhouse project. Based on the development of 5 units, a total of $35,175 shall be paid to
City Council Resolution
PLN2003-67 - 122 Shelley Avenue- Tentative Subdivision Map
Page 3
the City. 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.
5. 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). Prior
to demolition, the property would require inspection and vermin abatement program.
6. Tree Protection Plan: A tree protection plan shall be submitted prior to issuance of a building
permit in accordance with the City's water Efficient Landscape Standards (WELS) for any
trees to be retained on site.
7. 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
buildings and property.
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
and shared building walls and roofs to be repaired, repainted, and/or replaced as
necessary.
e. Provision to provide on-going maintenance of the required landscaping for the project.
f. Provision for the availability of interior garage space for the parking of two vehicles at all
times.
g. Provision to prohibit the use of parking spaces for storage purposes, including boats,
trailers, and recreational vehicles.
PUBLIC WORKS DEPARTMENT
8. Tentative Map: The applicant shall submit a tentative map for review by the City. The
current application processing fee is $3,723.00.
9. 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 $1,600.00 plus $25 per lot. Effective July 1, 2003 the
plan check fee will increase to $3,200 plus $35 per parcel.
10. Preliminary Title Report: Upon submittal of the tentative map, the applicant shall provide a
current Preliminary Title Report.
City Council Resolution
PLN2003-67 - 122 Shelley Avenue- Tentative Subdivision Map
Page 4
11. Right-of-Way for Public Street Purposes: Upon recordation of the final map, the applicant
shall cause additional right-of-way to be granted for public street purposes along the Shelley
Avenue frontage to accommodate a 30-foot half street. The applicant shall cause all
documents to be prepared by a registered civil engineerlland surveyor, as necessary, for the
City's review and recordation.
12. Public Service Easement and Sidewalk Easement: Upon recordation of the final map, the
applicant shall grant a lO-foot public service easement and sidewalk easement on private
property contiguous with the public right-of-way along the Shelley A venue frontage. The
applicant shall cause all documents to be prepared by a registered civil engineerlland
surveyor, as necessary, for the City's review and recordation.
13. 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. as necessary.
14. Monumentation for Final Map: Prior to recordation of the final map, the applicant shall
provide security for setting all monuments shown on the map.
15. Street Improvments: Upon 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 fee for a non-utility encroachment
permit application is currently $260.00. The plans shall include the following:
a. Removal of the existing pavement and construction of new pavement to
centerline.
b. Installation of curb, gutter, sidewalk and ADA compliant driveway approach.
c. Installation of street tree, irrigation and groundcover.
d. Construction of off-site storm drain facilities.
e. 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. 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 of street improvements and/or abandonment of all utilities. Streets, which have
been resurfaced within the previous five 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.
City Council Resolution
PLN2003-67 - 122 Shelley A venue- Tentative Subdivision Map
Page 5
19. 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
compames.
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 $2,250.00 per net acre, which is $1,078.00.
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
quantitv of storm water runoff to the Bay.
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 the final map, the applicant shall obtain a Demolition Permit
and remove any improvements as necessary.
PASSED AND ADOPTED this "ith day of Au~ust
vote:
, 2003, by the following roll call
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Watson, Kennedy, Dean, Burr, Furtado
None
None
ATTEST:
~
Anne Bybee, City Clerk
None