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CC Resolution 10101 RESOLUTION NO. 10101 BEING A RESOLUTION OF THE CITY COUNCn.. OF THE CITY OF CAMPBELL APPROVING A TENT A TIVE PARCEL MAP (PLN2002-94) TO CREATE FOUR RESIDENTIAL LOTS AND ONE COMMON LOT ON PROPERTY OWNED BY MR. MARK EDWARDS LOCATED AT 705 W. HACIENDA A VENUE IN AN R-D-S (TWO FAMn.. Y DISTRICT) ZONING DISTRICT. APPLICATION OF MR. MARK EDWARDS, ON BEHALF OF STONECREEK DEVELOPMENT GROUP. Fn..E NO. PLN2002-94. 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 PLN2002-94: 1. The proposed creation of four residential lots and one common lot is consistent with the General Plan land use designation of Low to Medium Density Residential (6-13 units per gross acre). 2. The proposed Tentative Parcel Map is consistent with the Planned Development Zoning Ordinance. 3. The provisions of the CC&Rs are necessary to ensure the long-term maintenance of the common driveway, common parking area and landscaping. 4. The Tentative Parcel 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 project qualifies as Categorically Exempt under Section 15315, Class 15 of 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 Parcel Map is consistent with the General Plan and Zoning Ordinance of the City. 2. The proposed Tentative Parcel 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. City Council Resolution PLN2002-94 - 705 W. Hacienda A venue Tentative Parcel Map to create four residential lots and one common lot Page 2 3. The design of the Tentative Parcel 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.. NOW, THEREFORE, BE IT RESOLVED that the City Council approves a Tentative Parcel Map (PLN2002-94) to create four residential lots and one common lot on property owned by Mr. Mark Edwards located at 705 W. Hacienda 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 Plannin2: Division 1. Approved Proiect: Approval is granted for a Tentative Parcel Map to create four residential lots and one common lot at 705 West Hacienda A venue. The Tentative Parcel Map shall substantially conform to the Tentative Parcel Map prepared by Survey Construction Staking Company, Inc. and received by the Planning Division on August 29, 2002, except as may be modified by the Conditions of Approval herein. 2. Approval Expiration: The Tentative Parcel 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. Covenants, Codes and Restrictions (CC&Rs): Prior to recordation of the Parcel Map, the applicant shall submit for review and approval by the City Attorney and Community Development Director a copy of the draft CC&Rs which shall include the following: a. The formation of a homeowner's association to ensure the long-term maintenance of the buildings and property. City Council Resolution PLN2002-94 -705 W. Hacienda Avenue Tentative Parcel Map to create four residential lots and one common lot Page 3 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, including the common access driveway. 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 for the availability of an interior garage space for the parking of two vehicles at all times and no parking in the driveway. 4. 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 existing single-family residence. 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). PUBLIC WORKS DEPARTMENT 6. Tentative Parcel Map: The applicant shall submit a complete and accurate Tentative Parcel Map in accordance with the Planning Division's checklist. The current application processing fee is $2,489.00. 7. Parcel Map: Prior to issuance of any building permits for the project, the applicant shall submit a Parcel Map for recordation upon approval by the City. The current plan check fee is $1,240.00 plus $25 per parcel. 8. Preliminary Title Report: Upon submittal of the Tentative Parcel Map, the applicant shall provide a current Preliminary Title Report. 9. Public Service Easement: Prior to recordation of the Parcel Map, the applicant shall grant a 10 foot Public Service Easement on private property contiguous with the public right-of- way along the Hacienda A venue frontage. The applicant shall cause all documents to be prepared by a registered civil engineer/Iand surveyor, as necessary, for the City's review and recordation. 10. Easements: Prior to recordation of the Parcel Map, the applicant shall cause Easements to be recorded for private utilities, private storm drains, reciprocal ingress and egress, etc. 11. Monumentation for Parcel Map: Prior to recordation of the Parcel Map, the applicant shall provide security for setting all monuments shown on the map. 12. Street Improvements: Prior to recordation of the Parcel Map, the applicant shall execute a street improvement agreement and shall cause plans for public street improvements to be City Council Resolution PLN2002-94 - 705 W. Hacienda A venue Tentative Parcel Map to create four residential lots and one common lot Page 4 prepared by a registered civil engineer, pay fees, 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: a. Construction of ADA compliant driveway approach. b. Construction of curb, gutter, and sidewalk along the property frontage including modification of said improvements to preserve the existing 30-inch in diameter Cedar tree. c. Installation of street trees and irrigation at about 40 feet on center. d. Installation of a street light in accordance with the Street Lighting Policies of the City of Campbell. e. Construction of new pavement across the property frontage to the street centerline of Hacienda A venue. f. Installation of traffic controls, stripes, and signs as appropriate. g. Protection and relocation of utilities as necessary. h. Construction of conforms to existing public and private improvements as necessary. 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 to determine the required pavement section. 15. 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. 16. 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 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. 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. City Council Resolution PLN2002-94 -705 W. Hacienda Avenue Tentative Parcel Map to create four residential lots and one common lot Page 5 18. Storm Drain Area Fee: Prior to issuance of any grading or building permits for the site, the applicant shall pay the required Storm Drain Area fee which is $2,250 per acre. 19. 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. 20. Covenants, Conditions, and Restrictions: Provide copies of CC&Rs for review by the City prior to recordation of the Parcel Map and CC&Rs. 21. Demolition: Prior to recording of the Parcel Map the applicant shall obtain a Demolition permit to remove any nonconforming structures. 22. Site Plan: Upon submittal of a formal application, the developer shall provide a complete and accurate Site Plan in accordance with the Planning Division's checklist. PASSED AND ADOPTED this 15th day of October call vote: , 2002, by the following roll AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Burr, Kennedy, Furtado, Watson Dean None None APPROVED: d.... .~ ~~ Jea~eWatson,Mayor ATTEST: i ,.' '..-.J. (~'- L .t..-~l-<-_ "'" I Anne Bybee, City Clerk