CC Resolution 10050
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RESOLUTION NO.
10050
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL APPROVING A TENTATIVE SUBDIVISION MAP
(PLN2002-31) TO CREATE SIX TOWNHOME LOTS AND ONE
COMMON LOT ON PROPERTY OWNED BY MS. VIVIAN
BRACHER AND MR. ROBERT DUBCICH AT 206 SHELLEY
A VENUE IN A P-D (PLANNED DEVELOPMENT) ZONING
DISTRICT. APPLICATION OF MS. VIVIAN BRACHER AND MR.
ROBERT DUBCICH. FILE NO. PLN2002-31.
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 PLN2002-31:
1. The proposed creation of six residential parcels and a common lot is consistent with the
General Plan.
2. The proposed Tentative Subdivision Map IS consistent with the Planned Development
Zoning Ordinance.
3. The shape and orientation of the lots facilitates solar access.
4. The tentative subdivision map has been distributed to local agencies, including Pacific Gas
and Electric, AT&T Broadband, 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 parcels.
5. The project is not located in a particularly sensitive environment; and no substantial evidence
has been presented to suggest that there is a reasonably possibility that significant
environmental impacts would result from the project due to unusual circumstances or from
the cumulative impacts of successive projects of the same type in the same place.
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.
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
PLN2002-31 - 206 Shelley Avenue - Tentative Subdivision Map
Page 2
4. The development and uses would 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.
NOW, THEREFORE, BE IT RESOLVED that the City Council approves a Tentative
Subdivision Map (PLN2002-31) to create six town home lots and one common lot on property
owned by Ms. Vivian Bracher and Mr. Robert Dubcich at 206 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
Plannine: Division
1. Approved Proiect: Approval is granted to construct six (6) townhome lots and a common lot.
The lot design shall substantially conform to the project exhibits listed below, except as may
be modified by the Conditions of Approval herein:
a. Tentative Subdivision Map prepared by Carroll Engineering, Engineering and Surveyors
dated December 19, 2001.
2. Covenants, Codes and Restrictions (CC&Rs): The applicant shall be required to submit for
review and approval by the City Attorney and Community Development Director a copy of
the CC&Rs which shall provide for the formation of a homeowner's association to ensure the
long-term maintenance of the access driveway and associated landscaping.
3. Park Impact Fee: A park impact fee of $7,035 per unit is due upon development of the site.
Credit in the amount of $10,990 will be given for the prior single-family residence removed
on the lot (Demolition Permit issued January 22, 2001), if less than two years from the date
of fee payment. 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.
City Council Resolution
PLN2002-31- 206 Shelley Avenue - Tentative Subdivision Map
Page 3
PUBLIC WORKS DEPARTMENT
4. 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 $1,570.00 plus $25 per lot.
5. Preliminarv Title Report: Prior to recordation of the Tract Map, the applicant shall provide a
current Preliminary Title Report.
6. 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 for a total width of 60 feet. The
applicant shall cause all documents to be prepared by a registered civil engineerlland
surveyor, as necessary, for the City's review and recordation.
7. Public Service Easement and Sidewalk Easement: Upon recordation of the final map, the
applicant shall grant a 10-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.
8. 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.
9. Monumentation for Final Map: Prior to recordation of the final map, the applicant shall
provide security for setting all monuments shown on the map.
10. Street Improvements: Upon recordation of the final map, the applicant shall execute a street
improvement agreement and 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 fee for a non-utility
encroachment permit application is currently $255.00. The plans shall include the following:
a. Removal of existing driveway approach;
b. Removal of existing curb, gutter and sidewalk, as necessary;
c. Construction of new curb, gutter, sidewalk and ADA compliant driveway approach;
d. Reconstruction of one-half street pavement section;
e. Construction of street trees, tree wells and irrigation at 40 feet on center;
f. Construction of traffic control, stripes and signs;
g. Installation of streetlights, conduits, conductors and related facilities in accordance with
the City of Campbell's Street Lighting Policies;
h. Construction of off-site storm drainage facilities;
City Council Resolution
PLN2002-31 - 206 Shelley Avenue - Tentative Subdivision Map
Page 4
1. Clearance from the City of San Jose, as necessary;
J. Construction of conforms to existing public and private improvements, as necessary.
11. 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.
12. 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.
13. 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
companies.
14. Utility Installation Plan: Prior to issuance of building permits for the site, the applicant shall
submit a utility installation 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 5 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.
15. 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.
16. Storm Drain Area Fee: Prior to recordation of the final map, the applicant shall pay the
required Storm Drain Area fee, which is $960.00.
17. 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 Mana~ement
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.
City Council Resolution
PLN2002-31 - 206 Shelley Avenue - Tentative Subdivision Map
Page 5
PASSED AND ADOPTED this18thday of June
, 2002, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Dean, Burr, Kennedy, Furtado, Watson
None
None
NOne
APPROVED: ;t.~.e-
Je ette Watson, Mayor
ATTEST:
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Anne Bybee, City Clerk