PC Res 3823
RESOLUTION NO. 3823
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL RECOMMENDING APPROVAL OF A
TENTATIVE PARCEL MAP (PLN2006-127) TO CREATE ONE LAND
PARCEL AND 123 AIR PARCELS ON PROPERTY OWNED BY
BASCOM FINANCIAL CALIFORNIA, LLC, 1677 S. BASCOM
AVENUE IN A P-D (PLANNED DEVELOPMENT) ZONING
DISTRICT. APPLICATION OF MR. ANTHONY HO. FILE NO:
PLN2006-127.
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
The Planning Commission finds as follows with regard to File No. PLN2006-127:
1. The creation of one lot, 123 condominium "air space" units, one common residential
"air space", and one retail "air space" is consistent with the Commercial/Professional
Office/Residential (up to 27 units per gross acre) General Plan land use designation.
2. The maximum density allowed under the General Plan is 27 units per gross acre and
the project provides 26.78 units per gross acre.
3. All condominium developments in the City are required to be located within a C-PD
(Condominium-Planned Development) Zoning District. The proposed residential
condominium project is consistent with the C-PD Zoning District.
4. The proposed project includes provisions for access to natural air and light for all of
the units.
5. The provisions of the Covenants, Conditions and Restrictions are necessary to
ensure the long-term property maintenance and continued architectural integrity of
the project.
6. The Tentative Subdivision 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 project.
7. A Mitigated Negative Declaration has been prepared for this project concluding that
there are no significant unmitigated impacts associated with this project, pursuant to
the California Environmental Quality Act (CEQA).
Based on the foregoing findings of fact, the Planning Commission further finds and
concludes that:
Planning Commission Resolution No. 3823
PLN2006-127 -1677 S. Bascom Avenue - Tentative Parcel Map
Page 2
1. The proposed Tentative Subdivision Map is consistent with the General Plan and
Zoning Ordinance of the City.
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.
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. There is a reasonable relationship between the use of the fees imposed upon the
project and the type of development project.
7. 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.
THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval
of a Tentative Parcel Map (PLN2006-127) to allow the creation of one land parcel and
123 air parcels on property owned by Bascom Financial California, LLC, located at 1677
S. Bascom Avenue in a P-D (Planned Development) Zoning District.
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
Planning Division:
1. Aooroved Proiect: Approval is granted for a Tentative Subdivision Map to create
one lot, 123 residential condominium "air space" units, one common residential "air
space", and one retail "air space" located at 1677 S. Bascom Avenue. The
Subdivision Map shall substantially conform to the Tentative Subdivision Map
Planning Commission Resolution No. 3823
PLN2006-127 -1677 S. Bascom Avenue- Tentative Parcel Map
Page 3
prepared by Creegan and D'Angelo Engineers and dated as received by the
Planning Division on July 2, 2007, except as may be modified by the conditions of
approval herein.
2. ADDroval Expiration: The Tentative Subdivision 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. Tentative Subdivision MaD: The Planned Development Permit approval is
contingent upon recordation of the Final Subdivision Map to divide the subject
property. The Final Subdivision Map shall be recorded prior to the issuance of
building permits.
4. Park Impact Fee: A park impact fee is due upon development of the site, based on
the development density of greater than 21 units per acre, and shall be paid to the
City. 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.
5. ProDertv 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).
6. Covenants. Codes and Restrictions: The applicant shall submit a draft copy of the
Covenants, Conditions and Restrictions (CC&R's) to the Planning Division for
approval by the Community Development Director and City Attorney, prior to the
recordation of the Final Subdivision Map, which provide for:
a. Formation of a Homeowner's Association to ensure the long-term maintenance of
buildings and property;
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;
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 to provide on-going maintenance of the required landscaping for the
project;
f. Provision for the availability of interior garage space for the parking of vehicles at
all times;
g. Provision to prohibit the use of parking spaces for storage purposes, including
boats, trailers and recreational vehicles;
Planning Commission Resolution No. 3823
PLN2006-127 - 1677 S. Bascom Avenue - Tentative Parcel Map
Page 4
h. Provision to control and enforce parking for the residential and commercial uses.
i. Provision to ensure that the tandem parking spaces will be grouped with the
standard space in front of it and assigned to the same unit so that the tandem
spaces will not have to be shared by more than one household; and
j. Prohibition of building mounted antennae.
k. Requirement of white window coverings (as viewed from building exterior).
PUBLIC WORKS DEPARTMENT
7. Final MaD: Prior to issuance of any grading or building permits for the project, the
applicant shall submit a final map for review by the City, have the map be recorded
after approval by the City Council, pay various fees/deposits and submit the map in
a digital format acceptable to the City.
8. 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, have the map be recorded
after approval by the City Council, pay various fees/deposits and submit the map in
a digital format acceptable to the City.
9. Condominium Plan: Prior to building occupancy, the applicant shall submit a
Condominium Plan and submit the map in a digital format acceptable to the City.
10. Preliminarv Title Report: Upon submittal of the final map, the applicant shall provide
a current (within the past 6 months) Preliminary Title Report.
11. Riaht-of-Wav for Public Street PurDoses: Upon recordation of the final map, the
applicant shall fully complete the process to cause additional right-of-way to be
granted in fee for public street purposes along the S. Bascom Avenue frontage to
accommodate 17 feet of right-of-way from curb face to back of walk. The applicant
shall submit the necessary documents for approval by the City Engineer, process
the submittal with City staff's comments and fully complete the right-of-way process.
Additionally the applicant shall grant right of way along the Creekside Way frontage
to accommodate a 10 foot sidewalk, or as required by the City Engineer. The
applicant shall cause all documents to be prepared by a registered civil
engineer/land surveyor, as necessary, for the City's review and recordation.
12. Public Easements: Upon recordation of the final map, the applicant shall grant a 10
foot public service easement on private property contiguous with the public right-of-
way along the Bascom Avenue frontage. The applicant shall grant a public access
easement on private property consistent with the alignment with the
renovated/reconfigured pedestrian access to the creek trail. Additionally the
applicant shall grant a minimum 20 foot public storm drain easement on private
property consistent with the proposed public storm drain modifications. All
easements are subject to the City Engineer's review and approval. The applicant
Planning Commission Resolution No. 3823
PLN2006-127 -1677 S. Bascom Avenue - Tentative Parcel Map
Page 5
shall cause all documents to be prepared by a registered civil engineer/land
surveyor, as necessary, for the City's review and recordation.
13. 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.
14. Private Access Easement: Prior to recordation of final map, the applicant shall
provide the City with necessary documentation to ascertain the applicant's legal right
to use the access easement across the adjacent property along Creekside Way
(1777 S. Bascom Avenue) based on the final approved layout for this
intersection/driveway. The applicant shall obtain a larger and/or reconfigured access
easement from this adjacent property owner. The easement shall increase by adding
an additional 10 foot strip to the east along the east side of the existing easement.
The increase shall be configured such that the easement matches the actual travel
way for appropriate vehicles that may access the site (i.e. fire truck, garbage truck,
etc.). The applicant shall provide the City with recorded documents illustrating the
larger/reconfigured access easement.
15. Demolition: Prior to recording of the final map the applicant shall obtain a demolition
permit and remove any nonconforming structures.
16. Monumentation for Final MaD: Prior to recordation of the final map, the applicant
shall provide a cash deposit for setting all monuments shown on the map.
Monuments shall be set per section 20.76.010 of the Campbell Municipal Code.
17. Soils ReDort: 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.
18. Gradina and Drainaoe Plan: Prior to issuance of any grading or building permits for
the site, the applicant shall conduct hydrology studies based on a ten-year storm
frequency, prepare an engineered grading and drainage plan, and pay fees required
to obtain necessary grading permits. Prior to occupancy, the design engineer shall
provide written certification that the development has been built per the engineered
grading and drainage plans.
19. Drainaae Svstem: Prior to occupancy clearance, the applicant shall refurbish,
remodel, and reconstruct the on-site drainage system, as necessary, to demonstrate
that the facilities are functioning normally in accordance with the requirements of the
City.
20. Storm Drain Area Fee: Prior to recordation of the final map, the applicant shall pay
the required Storm Drain Area fee set for commercial land use.
Planning Commission Resolution No. 3823
PLN2006-127 -1677 S. Bascom Avenue - Tentative Parcel Map
Page 6
21. Street Improvements: Prior to recordation of the final map, the applicant shall
execute a street improvement agreement, 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 plans shall include the following:
Bascom Avenue:
a. Show location of all existing improvements and utilities including but not limited to
utility boxes, covers, poles, transformers, signs, fiber optic lines, street lighting
conduits and conductors within the new and existing public right of way.
b. Relocation of all existing utilities including utility boxes, covers, poles,
transformers, signs, etc. outside of future sidewalk area. No utility boxes, covers,
poles, cabinets, etc. will be allowed in the sidewalk area.
c. Removal of existing sidewalk, curb, gutter, trees and driveway approaches along
entire project frontage or as determined by City Engineer.
d. Installation of Streetscape standards including a 7 foot sidewalk, 10 foot
landscaped park strip, curb, gutter, ADA compliant driveway approaches, City
approved street trees at 30 feet on center, turf and associated irrigation facilities.
e. Modifications to existing storm drainage system in Bascom Avenue to include
upsizing and extending the storm drain main line on Bascom Avenue northward,
installing City standard manholes, and extending any related storm lateral
facilities. Public storm drain lines located on site will need to be removed,
relocated and upsized. All modifications shall meet City standards and shall be
subject to the review and approval by the City Engineer. Public storm drain
easements must be provided on the final map for the approved alignment.
f. Installation of asphalt concrete overlay per street pavement restoration plan for
utility installation and/or abandonment, as required by the City Engineer.
g. Replacement of existing underground utilities, signal interconnect conduits and
conductors, street lighting conduits and conductors, fiber optic lines, utility boxes,
and protection of existing facilities to remain.
h. Installation of streetlights, conduits, conductors and related facilities in
accordance with the City of Campbell's Street Lighting Policies.
i. Installation of traffic control, stripes and signs.
j. Construction of conforms to existing public and private improvements, as
necessary.
k. Bascom Avenue is scheduled for pavement rehabilitation in the Spring of 2007.
Street improvement plans must show the extent of the utility cuts required for the
proposed development (see utility coordination plan). The applicant must
mitigate the utility cuts through the newly placed overlay as defined in the
pavement restoration plan. This will require the removal and replacement the
newly placed asphalt concrete overlay with one large re-paving, following the
completion of all utility work. The limits of the area of pavement to be removed
Planning Commission Resolution No. 3823
PLN2006-127 - 1677 S. Bascom Avenue - Tentative Parcel Map
Page 7
and replaced will be as defined by the City Engineer, and may extend to the
outer limits of all utility work.
Creekside Wav:
Reconstruction of the 1777 S. Bascom Avenue westerly entryway/driveway at
Creekside Way and project frontage along Creekside Way. Plans to include:
a. Show location of all existing improvements and utilities within the existing public
right of way and the access easement from the adjacent parcel.
b. Relocation of all existing utilities including utility boxes, covers, poles, etc. outside
of sidewalk and driveway areas. No utility boxes, covers, etc. will be allowed in
the sidewalk or driveway areas.
c. Removal of existing sidewalk, curb, gutter, median barriers, barrier islands and
driveway approach, as required by City Engineer.
d. Installation of City standard curb, gutter, sidewalk, and ADA compliant driveway
approach. Modifications to the entryway to allow for emergency vehicle and solid
waste collection vehicle turning movements as required by City Engineer.
e. Removal and/or reconstruction of existing barrier islands, signing and striping
modifications as approved by the City Engineer.
f. Installation of asphalt concrete overlay per street pavement restoration plan, as
required by the City Engineer.
g. Replacement of existing underground utilities, signal interconnect conduits and
conductors, street lighting conduits and conductors, fiber optic lines, utility boxes,
and protection of existing facilities to remain.
h. Installation of traffic control, stripes and signs.
i. Installation of City approved street trees as required by City Engineer.
j. Construction of conforms to existing public and private improvements, as
necessary.
Pedestrian Access to Creek Trail:
Reconstruction of Pedestrian Access to Creek Trail which may include:
a. Removal of existing concrete ramp and retaining wall and reconstruction of an at
grade pedestrian ramp with enhanced landscaping, lighting, installation of a
drinking fountain and bench along the creek trail, removal of existing fencing
between the creek trail and the proposed development, and removal of existing
landscaping and installation of new irrigated landscaping strip between the creek
trail and the proposed development. Any alternatives to these modifications must
be approved by the City Engineer. Pedestrian access easements must be
provided on the final map for the approved alignment.
b. Relocation and/or replacement of existing improvement and underground utilities
as necessary, and protection of existing facilities to remain.
22. On-site Public Storm Drain Line: As part of the street and on-site grading
improvements the applicant shall have plans prepared that show the following:
Planning Commission Resolution No. 3823
PLN2006-127 - 1677 S. Bascom Avenue - Tentative Parcel Map
Page 8
a. Removal of the existing public storm drain system from Bascom Avenue to the
Creek outfall and all private connections.
b. Construction of a new upsized storm drain line based on a new alignment as
required by City Engineer.
c. All on-site connections shall be tied into the new public storm drain line at one'
on-site location. This tie in point shall be approximately 50 feet from existing
Creek outfall as required by the City Engineer.
23. Maintenance of Landscapina: Owner(s), current and future, are required to maintain
the landscaped park strip and trees in the public right of way, on Bascom Avenue
and along the Los Gatos creek trail frontage. This includes, but is not limited to:
trees, lawn, plantings, irrigation, etc. Trees shall not be pruned in a manner that
would not allow the tree to grow to a mature height.
24. Maintenance of Pedestrian Pathway: Prior to recordation of the final map, the
applicant shall execute a maintenance agreement to maintain the enhanced
pedestrian pathway joining Creekside Way to the Los Gatos Creek Trail adjacent to
the project site. This includes, but is not limited to: lighting, landscaping, irrigation,
decorative treatments, walls, fencing, etc.
25. Utilities: All on-site utilities shall be installed underground per Section 21.18.140 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.
26. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and
sewer c1eanout(s) shall be relocated or installed on private property behind the
public right-of-way line.
27. Utilitv Coordination Plan: Prior to issuance of building permits for the site, the
applicant shall submit a utility coordination plan and schedule for approval by the
City Engineer for installation and/or abandonment of all utilities. The plan shall
clearly show the location and size of all existing utilities and the associated main
lines; indicate which utilities and services are to remain; which utilities and services
are to be abandoned, and where new utilities and services will be installed. Joint
trenches for new utilities shall be used whenever possible.
28. Pavement Restoration: Based on the utility coordination plan, the applicant shall
prepare a pavement restoration plan for approval by the City Engineer prior to any
utility installation or abandonment. Streets that have been reconstructed or overlaid
within the previous five years will require boring and jacking for all new utility
installations. Bascom Avenue is scheduled for resurfacing in the Spring of 2007. The
pavement restoration plan shall indicate how the street pavement shall be restored
following the installation or abandonment of all utilities necessary for the project.
Planning Commission Resolution No. 3823
PLN2006-127 -1677 S. Bascom Avenue - Tentative Parcel Map
Page 9
29. Utilitv Encroachment Permit: Separate permits for the installation of utilities to serve
the development will be required (including water, sewer, gas, electric, etc.).
Applicant shall apply for and pay all necessary fees for utility permits for sanitary
sewer, gas, water, electric and all other utility work.
30. Additional Street Improvements: Should it be discovered after the approval process
that new utility main lines, extra utility work or other work is required to service the
development, and should those facilities or other work affect any public
improvements, the City may add conditions to the development/project/permit, at the
discretion of the City Engineer, to restore pavement or other public improvements to
the satisfaction of the City.
31. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or
building permits, the applicant shall comply with the National Pollution Discharge
Elimination System (NPDES) permit requirements, Santa Clara Valley Water District
requirements, and the Campbell Municipal Code regarding stormwater pollution
prevention. Specifically the project must include source control, site design and
treatment measures to achieve compliance with Provision C.3. of the NPDES
Permit. Measures may include, but are not limited to, minimization of impervious
surface area, vegetated swales, infiltration areas, and treatment devices. The
primary objectives are to improve the quality and reduce the quantity of stormwater
runoff to the bay.
Resources to achieve these objectives include Storm water Best Management
Practices Handbook for New Development and Redevelopment ("CA BMP
Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start
at the Source: A Design Guidance Manual for Stormwater Quality Protection ("Start
at the Source") by the Bay Area Stormwater Management Agencies Association
(BASMAA), 1999; and Using Site Design Techniques to Meet Development
Standards for Stormwater Quality: A Companion Document to Start at the Source
("Using Site Design Techniques") by BASMAA, 2003.
Upon Submission of the preliminary site/grading plans, the applicant shall calculate
and submit to the City the amount of impervious surface created by the development
including the types of stormwater controls to be used. The applicant shall submit
preliminary sizing and design showing stormwater controls meet the City's
requirements.
Prior to recordation of the final map:
a. The applicant's designer or engineer shall submit the required certification
indicating that sizing, selection, and design of treatment BMP's for the project site
has been completed to meet the requirements of the City of Campbell's NPDES
permit, No. 01-119, Provision C.3.
Planning Commission Resolution No. 3823
PLN2006-127 - 1677 S. Bascom Avenue - Tentative Parcel Map
Page 10
b. The applicant shall sign the "Covenants for the Operation and Maintenance of
Stormwater Facilities" and submit a Stormwater Management Plan.
Prior to occupancy:
a. A qualified BMP certifier is required to inspect the stormwater management
facilities, submit a complete set of as-built drawings to Public Works Engineering,
and certify on these drawings that:
1. The stormwater management facilities were constructed in compliance with
the approved plans.
2. The as-built drawings show all pertinent constructed dimensions, elevations,
shapes, and materials.
3. All variations in construction from the approved design plan have been
identified, including omissions to and additions from the approved plan.
4. Any changes are in conformance with local, state, or federal regulations.
b. The applicant shall provide security for the operation and maintenance of
stormwater pollution prevention measures installed or provided as a part of this
project.
The applicant shall also comply with any other or new conditions as required by the
City of Campbell's most current NPDES permit.
32. Occupancy: Prior to allowing occupancy for any and/or all buildings, the applicant
shall have the required street improvements installed and accepted by the City, and
the design engineer shall submit as-built drawings to the City.
33. Santa Clara Vallev Water District (SCVWD): Prior to issuance of any permits for
grading, landscaping, or building or the recordation of the final map, the applicant
shall obtain clearance from the SCVWD.
34. State General Construction Activity Permit: Prior to issuance of any grading or
building permits, the applicant shall comply with the State General Construction
Activity Permit requirements including paying fees, filing a Notice of Intent and
providing a Storm Water Pollution Prevention Plan (SWPPP). The applicant shall
provide the City with a copy of the filed Notice of Intent and SWPPP.
Planning Commission Resolution No. 3823
PLN2006-127 - 1677 S. Bascom Avenue - Tentative Parcel Map
Page 11
PASSED AND ADOPTED this 10th day of July, 2007, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Alderete, Doorley, Ebner, Rocha and Roseberry
None
Gibbons and Francois
None
APPROVED: I1)(Jk I M
MiChael Rocha, Chair
ATTEST: