CC Resolution 9907
RESOLUTION NO. 9907
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL APPROVING A TENTATIVE SUBDIVISION MAP
(PLN2001-45) TO ALLOW THE CREATION OF 22 LOTS (21
UNITS AND ONE COMMON LOT) ON PROPERTY LOCATED AT
300 ORCHARD CITY DRIVE IN A C-PD
(COMDOMINIUM/PLANNED DEVELOPMENT) ZONING
DISTRICT. APPLICATION OF WATER TOWER I, LLC. FILE NO.
PLN200l-45.
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 PLN200l-45:
1. The proposed creation of 21 condominium units and one common lot is consistent with the
General Plan designation of Commercial, and related policies for downtown and Downtown
Development Plan policies.
2. The proposed Tentative Map is consistent with the General Plan Housing Element Policy B:
Encourage housing units affordable to a variety of household income levels.
3. The proposal for 21 residential condominium units including three units affordable as
required by the Redevelopment Plan would provide necessary housing within an existing
urbanized area that is fully served by utilities and public services.
4. The proposed project includes provisions for access to natural air and light for all of the
uni ts.
5. The provisions of the CC&Rs are necessary to ensure the long-term property maintenance
and continued architectural integrity of the project.
6. An Initial Study was prepared for this project and no significant environmental impacts were
found.
Based upon the foregoing findings of fact, the City Council further finds and concludes that:
1. The proposed subdivision is consistent with the General Plan.
2. The proposed subdivision does not impair the balance between the housing needs of the
region, the public service needs of its residents and available fiscal and environmental
resources.
City Council Resolution
PLN200 1-45 - 300 Orchard City Drive - Tentative Subdivision Map (22 lots)
Page 2
3. The design of the subdivision provides, to the extent feasible, for future passive or natural
heating and cooling opportunities.
4. No substantial evidence has been presented which shows that the project as currently
presented and subject to the attached conditions, will have a significant effect upon the
environment.
5. 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.
Now, therefore, be it resolved that the City Council does hereby approve the Tentative
Subdivision Map subject to the following Conditions of Approval.
CONDITIONS OF APPROVAL
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 Project: Approval is granted to create 21 condominium units and a common
lot. The site design shall substantially conform to the Tentative Subdivision Map
prepared by engineers Charles W. Davidson Co. received on June 12,2001.
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 of the project.
c. Definition of common areas to be maintained and provision of maintenance for these
areas, including the driveway and grass cell fire truck turnaround area.
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
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PLN2001-45 - 300 Orchard City Drive - Tentative Subdivision Map (22 lots)
Page 3
e. Provision for the availability of interior garage space for the parking of two (2)
vehicles 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 $5,635 per unit is due upon development of the
townhouse project. 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.
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).
PUBLIC WORKS DEPARTMENT
5. Parcel Map: Prior to issuance of any building permits for the project, the applicant shall
submit ~ Parcel Map for recordation upon approval by the City. The current plan check fee is
$1,170.00 plus $25 per parcel.
6. Preliminary Title Report: Prior recordation of the Parcel Map, the applicant shall provide a
current Preliminary Title Report.
7. Easements: Upon recordation of the Parcel Map, the applicant shall cause Easements to be
recorded for private utilities, private storm drains, reciprocal ingress and egress, etc. and
other uses as appropriate.
8. Monumentation for Parcel Map: Prior to recordation of the Parcel Map, all Monuments
shown on the map shall be set.
9. 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
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 $245.00. The plans shall include the following:
a. First Street - Orchard City Drive to Parking Structure
1. Removal of existing curb, gutter, sidewalk, and approaches,
2. Removal and replacement of existing substandard streetlight,
3. Construction of new curb, gutter, sidewalk, and tree wells,
4. Removal and replacement of street trees and irrigation, as appropriate,
5. Construction of conforms to existing public and private improvements, as necessary.
b. Orchard City Drive - First Street to the crosswalk at Central Avenue (VIA Light Rail
project limits):
1. Removal of existing curb, gutter, sidewalk, and approaches,
2. Removal and replacement of existing substandard street light(s),
3. Construction of new curb, gutter, sidewalk, and tree wells, and installation of
City Council Resolution
PLN2001-45 - 300 Orchard City Drive - Tentative Subdivision Map (2210ts)
Page 4
streetlight( s),
4. Construction of modified standard commercial ADA compliant two-way driveway
approach, to replace the existing westerly driveway,
5. Removal and replacement of street trees and irrigation, as appropriate,
6. Construction of conforms to existing public and private improvements, as necessary.
10. 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 park and adjacent parking including:
a. Removal of six parking spaces and pavement northerly of the watertower,
b. Closing of the existing driveway to First Street and restore sidewalk,
c. Removal of the concrete wall (about 2 feet high) along the southerly side
of the contiguous parking area,
d. Installation of street trees and landscape and irrigation as per the approved
plans,
e. Removal and installation of signs and stripes as needed,
f. Construction of a sidewalk, for access from First Street, across the park to
the development.
g. Construction of conforms to existing public and private improvements, as
necessary .
11. Parking Structure: Prior to recordation of the final tract map, the applicant shall cause plans
and specifications to be prepared, for approval by the Public Works Director, for recoating
and re-striping of the upper level of the parking structure with a slip resistant coating.
Provide at least six (6) additional parking spaces.
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. Applicant shall comply with all plan submittals, permitting,
and fee requirements of the serving utility companies. Additionally, remove utility poles,
including overhead wires, conductors, transformers, and related facilities, along the First
Street frontage including undergrounding to the first utility pole on Everett Avenue.
a. A copy of an agreement with PG&E for undergrounding of existing overhead utilities,
which are on-site or within adjoining rights-of-way shall be provided to the Community
Development Director prior to issuance of Building Permits or a deposit in an amount
sufficient to cover the cost of under grounding shall be made with the City.
City Council Resolution
PLN2001-45 - 300 Orchard City Drive - Tentative Subdivision Map (22 lots)
Page 5
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 Parcel Map, the applicant shall pay the
required Storm Drain Area fee, which is $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
prior to recordation of the Parcel Map and CC&Rs.
19. Demolition: Prior to recording of the Final Map/Parcel Map the applicant shall obtain a
Demolition permit to remove any improvements as necessary.
20. Reapportionment of Assessments: Prior to recordation of the Final Map/Parcel Map,
applicant shall submit an application and pay fees for the Reapportionment of Assessments
for the new parcel/lot configuration.
21. 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 pursuant to the ALTA survey. The current application
processing fee is $600.00.
22. Site Plan: Prior to further processing of the project, the developer shall:
City Council Resolution
PLN2001-45 - 300 Orchard City Drive - Tentative Subdivision Map (22 lots)
Page 6
a. Provide a preliminary Grading and Drainage plan, including measures to comply with
NPDES.
b. Provide revised Site Plan to include street improvements required by these Conditions of
Approval.
c. Revised Parcel Map to include APN 412-07-003 within the distinctive border since the
applicant owns the property.
PASSED AND ADOPTED this 7th day of August ,2001, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Furtado, Kennedy, Burr, Watson, Dean
NOne
None
None
APPROVED:
ATTEST:
~~
Anne Bybee, City Clerk