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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 City Council Resolution 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