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CC Resolution 10212 "" RESOLUTION NO. 10212 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A TENT A TIVE SUBDIVISION MAP (PLN2002-147) TO ALLOW 24 RESIDENTIAL CONDOMINIUMS AND ONE COMMON LOT ON PROPERTY OWNED BY WATER TOWER I, LLC, LOCATED AT 300 ORCHARD CITY DRIVE IN A C- PD (CONDOMINIUM-PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. PAUL RING, ON BEHALF OF REGIS HOMES OF NORTHERN CALIFORNIA, INC. FILE NO. PLN2002-147. 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 PLN2002-147. 1. The creation of 24 condominium units and one common lot is consistent with the Central Commercial General Plan land use designation. 2. The maximum density allowed under the General Plan without a density bonus is 27 units per gross acre. All housing developments containing five or more units (excluding the density bonus units) that designate two percent of the units for very low-income households are eligible for a density bonus of twenty-five percent. With a density bonus, the maximum density allowed for this site is 33.75 units per gross acre. The proposed project provides one unit (four percent) for very low-income households and three units for moderate-income households for a proposed density of 33.66 units per gross acre. 3. All condominium developments in the City are required to be located within a C-PD (Condominium-Planned Development) Zoning District. The proposed residential condominium project is consistent with the C-PD Zoning District. 4. The proposal for 24 residential condominium units includes three units for moderate-income households and one unit for very low-income households. These units will provide necessary housing within an existing urbanized area that is fully served by utilities and public services. 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 project. 'city Council Resolution 10212 PLN2002-147 - 300 Orchard City Drive- Tentative Subdivision Map Page 2 8. 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 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. 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 (PLN2002-147) to allow 24 residential condominiums and one common lot on property owned by Water Tower I, LLC, located at 300 Orchard City Drive, 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. City Council Resolution 10212 PLN2002-147 - 300 Orchard City Drive- Tentative Subdivision Map Page 3 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division: 1. Approved Proiect: Approval is granted for a Tentative Subdivision Map to create 24 residential condominium units and one common lot located at 300 Orchard City Drive. The Subdivision Map shall substantially conform to the Tentative Subdivision Map prepared by HMH Engineers and dated as received by the Planning Division on April 10, 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 $5,635 per unit is due upon development of the site. Based on the development of 24 units, a total of $135,240 shall be paid to the City. 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. 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: 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. . City Council Resolution 10212 'PLN2002-147 - 300 Orchard City Drive- Tentative Subdivision Map Page 4 f. Provision to ensure on-going maintenance of the art exhibit on the first floor in good condition. g. Provision for the availability of interior garage space for the parking of vehicles at all times. h. Provision to prohibit the use of parking spaces for storage purposes, including boats, trailers, and recreational vehicles. 1. Provision to ensure that the tandem parking spaces will be grouped with the standard space in front of it and assigned to the same unit so that the tandem spaces will not have to be shared by more than one household. PUBLIC WORKS DEPARTMENT 7. Tentative Map: The applicant shall submit a tentative map for review by the City. The current application processing fee is $3,723.00. 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. The current plan check fee is $1,600.00 plus $25 per lot. 9. Condominium Plan: Prior to issuance of the first certificate of occupancy for the project, the applicant shall submit a Condominium Plan for review and approval by the City. 10. Preliminary Title Report: Upon submittal of the tentative map, the applicant shall provide a current Preliminary Title Report. 11. Easements: Upon recordation of the final map, the applicant shall cause easements to be recorded for utilities, private storm drains, reciprocal ingress and egress, emergency vehicles, etc. as necessary. 12. Monumentation for Final Map: Prior to recordation of the final map, the applicant shall provide security for setting all monuments shown on the map. 13. 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. 14. 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. 15. 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 'City Council Resolution 10212 PLN2002-147 - 300 Orchard City Drive- Tentative Subdivision Map Page 5 utility installations. Applicant shall also prepare pavement restoration plans for approval by the City Engineer prior to any utility installation or abandonment. 16. Utilities: All new on-sit 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. 17. 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. 18. 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. 19. Demolition: Prior to recording the final map, the applicant shall obtain a Demolition Permit and remove any improvements as necessary. 20. Lot Line Adjustment: Prior to issuance of any grading or building permits for the site, the applicant shall submit a lot line adjustment application for approval by the City Engineer to resolve any encroachments as necessary. The current application processing fee is $635.00. 21. Vacation of Public Street and Easements: Prior to recordation of the final map, the applicant shall submit a vacation of excess right-of-way application for approval by the City Engineer. The current application processing fee is $635.00. 22. Hyde Park Improvements: Prior to recordation, the applicant shall cause plans and specifications, prepared by a landscape architect to be submitted for review and approval by the Public Works Director for constructing certain improvements necessary to reconfigure the southerly end of the park and shall include the following: a. Removal and replacement of landscaping, including trees, as approved by the Public Works Director. b. Construction of conforms to existing public and private improvements, as necessary. 23. Street Improvements: 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 : City Council Resolution 10212 PLN2002-147 - 300 Orchard City Drive- Tentative Subdivision Map Page 6 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 is $260.00. The plans shall include the following: First Street Adiacent to the Development a. Removal of existing sidewalk and approaches and curb and gutter, as necessary as determined by the City Engineer. b. Construction of new curb, gutter, sidewalk, tree wells, and ADA compliant driveway approaches. c. Removal of existing street trees and installation of new street trees and irrigation at approximately 40' on center, as approved by the City Engineer. d. Protection, relocation, and/or installation of underground utilities including street lighting conduits, PG&E, telephone, cable TV and related facilities as necessary. e. Construction of conforms to existing public and private improvements, as necessary. PASSED AND ADOPTED this 15th day of July, 2003, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Watson, Kennedy, Dean, Burr, Furtado None None' None APPROVE~n~~~ ATTEST: a~ Anne Bybee, City Clerk