CC Resolution 9967
RESOLUTION NO. 9967
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL APPROVING A TENTATIVE PARCEL MAP
(PLN200 1-81) TO ALLOW THE CREATION OF FIVE LOTS ON
PROPERTY LOCATED AT 861 APRICOT AVENUE IN A P-D
(PLANNED DEVELOPMENT) ZONING DISTRICT.
APPLICATION OF MR. STEPHEN CUSELLA. FILE NO. PLN2001-
81.
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 PLN200 1-81 :
1. The proposed creation of four residential parcels and one common access parcel is consistent
with the General Plan.
2. The proposed 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 and associated landscaping.
4. The tentative parcel 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.
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.
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.
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 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.
City Council Resolution
PLN2001-81 - 861 Apricot Avenue - Tentative Parcel Map
Page 2
The applicant is hereby notified, as part of this application, that (s)he is required to meet the
following conditions in accordance with the ordinances of the City of Campbell and the State of
California. The lead department with which the applicant will work is identified on each
condition where necessary. 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 items under review.
Additionally, the applicant is hereby notified that (s)he 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 (4)
residential parcels and a common lot for access. The Tentative Parcel Map shall substantially
conform to the Tentative Parcel Map prepared by Kirkeby Engineering submitted on
September 27,2001.
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 include the following:
a. Formation of a homeowner's association to ensure the long-term maintenance of
buildings and properties.
b. Continued architectural controls to ensure the architectural integrity ofthe project.
c. Definition of common areas to be maintained and provision of maintenance for these
areas, including the 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 interior garage space for the parking of two (2) vehicles
(measuring 20 feet wide and 20 feet deep) at all times.
f. Provision to prohibit use of uncovered parking spaces for outdoor storage purposes.
3. Park Impact Fee: A park impact fee of$6,615 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 final parcel map, 75% of this fee is due. The remaining 25% is due
prior to issuance of a certificate of building occupancy.
4. 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).
City Council Resolution
PLN2001-81 - 861 Apricot Avenue - Tentative Parcel Map
Page 3
PUBLIC WORKS DEPARTMENT
5. Final Parcel Map: Prior to issuance of any grading or building permits for the project, the
applicant shall submit a Final Parcel Map for review by the City and recordation, upon
approval by the City Council. The current plan check fee is $1,215.00 plus $25 per lot.
6. Preliminary Title Report: Prior to recordation of the Final Parcel Map, the applicant shall
provide a current Preliminary Title Report.
7. Right-of-Way for Public Street Purposes: Upon recordation of the Final Parcel Map, the
applicant shall cause additional Right-of-Way to be granted for Public Street Purposes along
the Apricot A venue frontage to accommodate a thirty (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.
8. Public Service Easement: Upon recordation of the Final Parcel Map, the applicant shall
grant a ten (10) foot Public Service Easement on private property contiguous with the public
right-of-way along the Apricot Avenue 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.
9. Easements: Upon recordation of the Final Parcel Map, the applicant shall cause Easements
to be recorded for private utilities, private storm drains, reciprocal ingress and egress, etc.
10. Monumentation for Final Parcel Map: Prior to recordation of the Final Parcel Map, the
applicant shall provide security guaranteeing the cost of setting all Monuments shown on the
map, as determined by the City Engineer.
11. Street Improvements: Prior recordation of the Final Parcel 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 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 in accordance with all applicable conditions
of approval, ordinances, laws and regulations and accepted engineering practices. The fee
for a non-utility encroachment permit is $245.00. The plans shall include the following:
a. Removal of the existing curb, gutter, sidewalk and driveway approach.
b. Construction of new curb, gutter, sidewalk and ADA compliant driveway approach.
c. Construction of irrigation and installation of two (2) 15 gallon London Plane (Platanus
acerfolia 'Yarwood') street trees at approximately 30 feet on center.
d. Installation of traffic control signing and striping as necessary.
e. Installation of landscaping, fencing, pavement, and irrigation within the newly dedicated
public street right-of-way.
f. Construction of conforms to existing public and private improvements, as necessary.
12. 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.
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
compames.
...
City Council Resolution
PLN2001-81 - 861 Apricot Avenue - Tentative Parcel Map
Page 4
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 Parcel Map, the applicant shall pay
the required Storm Drain Area fee of $2,250/acre.
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 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.
18. Covenants. Conditions. and Restrictions: Provide copies of CC&Rs for review by the City
Public Works Department prior to recordation of the Final Parcel Map.
19. Demolition: Prior to recording of the Final Parcel Map the applicant shall obtain a
Demolition permit to remove any nonconforming structures.
20. Site Plan: The applicant shall provide a complete and accurate Site Plan in accordance with
the Planning Division's checklist.
PASSED AND ADOPTED this ~ day of January, 2002, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Dean, Burr, Kennedy, Furtado, Watson
None
None
None
APPROVED: iLLcc'.<-r-
J~ette Watson, Mayor
ATTEST:
~
Anne Bybee, City Clerk