CC Resolution 10832
RESOLUTION NO. 10832
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING A TENTATIVE PARCEL MAP (PLN2007-
67) TO ALLOW THE CREATION OF FOUR LOTS AND ONE
COMMON LOT ON PROPERTY OWNED BY MR. DENNIS LID
LOCATED AT 1161 VIRGINIA AVENUE IN A P-D (PLANNED
DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR.
DENNIS L1U. FILE NO: PLN2007-67.
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 City Council finds as follows with regard to File No. PLN2007-67:
1. The proposed creation of four residential lots and one common lot is consistent with
the Low-Medium Density Residential (6-13 units per gross acre) General Plan land
use designation for the property.
2. The proposed density of 7.9 units per gross acre is within the allowed density range
of 6-13 units per gross acre permitted in the Low-Medium Density Residential
General Plan land use designation.
3. The proposed Tentative Parcel Map is consistent with the Planned Development
Zoning Ordinance.
4. The common lot would consist of a common access driveway, shared parking
spaces, and landscaping.
5. The proposed project includes provisions for access to natural air and light for all of
the units.
6. The provisions of the Covenants, Conditions and Restrictions are necessary to
ensure the long-term property maintenance and continued architectural integrity of
the project.
7. 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.
8. 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).
City Council Resolution
PLN2007-67 - 1161 Virginia Avenue - Tentative Parcel Map
Page 2
Based upon the foregoing findings of fact, the Planning Commission 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.
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. 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 City Council approves a Tentative Parcel
Map (PLN2007 -67) to create for lots and one common lot on property owned by Mr.
Dennis Liu located at 1161 Virginia 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. Approved Proiect: Approval is granted for a Tentative Parcel Map to create four
residential lots and one common lot on property located at 1161 Virginia Avenue.
City Council Resolution
PLN2007-67 - 1161 Virginia Avenue - Tentative Parcel Map
Page 3
The Final Parcel Map shall substantially conform to the revised Tentative Parcel
Map prepared by TS Civil Engineering, Inc. and stamped as received by the
Planning Division on July 25, 2007, 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. Park Impact Fee: A park impact fee, based on a density range of six to thirteen units
per gross acre, is due upon development of the site. Credit shall be given for the
existing single-family residence to be demolished. 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.
4. Demolition of Structures: Prior to recordation of the Parcel Map the applicant shall
obtain a building permit for the demolition of all non-conforming structures.
5. Propertv 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 (CC&R's ): Prior to recordation of the Parcel
Map, the applicant shall submit for review and approval by the City a copy of the
draft CC&R's which shall include the following:
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 ongoing maintenance of the required landscaping for the
project;
f. Provision for the availability of interior garage space for the parking of two
vehicles at all times; and
g. Provision to prohibit the use of outside parking spaces for storage purposes,
including boats, trailers, and recreational vehicles.
City Council Resolution
PLN2007-67 - 1161 Virginia Avenue - Tentative Parcel Map
Page 4
PUBLIC WORKS DEPARTMENT
7. Parcel Map: Prior to issuance of any grading or building permits for the project, the
applicant shall submit a parcel map for recordation upon approval by the City, pay
various fees/deposits and submit the map in digital format acceptable to the City.
8. Preliminarv Title Report: Upon submittal of the parcel map, the applicant shall
provide a current Preliminary Title Report.
9. RiQht-of-Wav for Public Street Purposes: Upon recordation of the parcel 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 Virginia Avenue frontage to
accommodate a 30-foot half street width. The applicant shall submit the necessary
documents for approval by the City Engineer, process the submittal with City staffs
comments, and fully complete the right-of-way process. 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.
10. Private Easements: Upon recordation of the parcel map, the applicant shall cause
private easements to be recorded for private utilities, private storm drains, reciprocal
ingress and egress, emergency vehicles, etc.
11. Monumentation for Parcel Map: Prior to recordation of the parcel 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.
12. Street Improvements: Prior to recordation of the parcel map, the applicant shall
execute a street improvement agreement, shall 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:
a. Show location of all existing utilities within the new and existing public right-of-
way.
b. Show distance from property line to street centerline.
c. Relocation of all existing facilities, including utility boxes, covers, poles, etc.
outside the sidewalk area. No utility boxes, covers, poles, etc. will be allowed in
the sidewalk area.
d. Construction of ADA compliant driveway approach as necessary.
e. Construction of curb, gutter, and sidewalk along the property frontage as
necessary.
f. Installation of street trees, turf, and irrigation at 30 feet on center.
City Council Resolution
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g. Installation of street lights in accordance with the Street Lighting Policies of the
City of Campbell as necessary.
h. Installation of traffic controls, stripes, and signs as appropriate.
i. Construction ot contorms to existing public and private improvements as
necessary.
j. Protection and relocation ot utilities as necessary.
13. Maintenance of LandscapinQ: Current and future owner(s) are required to maintain
the landscaped park strip in the public right-ot-way. 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.
14. 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-ot-
way line.
15. 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.
16. Utilities: All new 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.
17. Utilitv Coordination Plan: Prior to issuance ot building permits tor the site, the
applicant shall submit a utility coordination plan and schedule for approval by the
City Engineer tor installation and/or abandonment ot all utilities. The plan shall
clearly show the location and size ot 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 tor new utilities shall be used whenever possible.
18. 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. This property is located on the north side of Hacienda Avenue between
Capri Drive and Virginia Avenue and has not been resurfaced during the last tive
years. 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.
City Council Resolution
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19. 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.
20. Additional Street Improvements: Should any new utility main lines or other work
required to serve the development that affects any public improvements, the City
may add conditions to the development/project, at the discretion of the City
Engineer, to restore pavement or other public improvements to the satisfaction of the
City.
21. Gradinq and Drainaqe 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.
22. 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 of $2,385 per net
acre, which is $1,073.00.
23. 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
ru noff to the bay.
Resources to achieve these objectives include Stormwater 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.
Prior to occupancy, 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:
City Council Resolution
PLN2007-67 - 1161 Virginia Avenue - Tentative Parcel Map
Page 7
a. The stormwater management facilities were constructed in compliance with the
approved plans.
b. The as-built drawings show all pertinent constructed dimensions, elevations,
shapes, and materials.
c. All variations in construction from the approved design plan have been identified,
including omissions to and additions from the approved plan.
d. Any changes are in conformance with local, state, or federal regulations.
24. Covenants. Conditions. and Restrictions: Provide copies of CC&R's for review by
the City prior to recordation of the parcel map and CC&R's.
25. Demolition: Prior to recording of the Parcel Map the applicant shall obtain a
Demolition Permit to remove any nonconforming structures.
26.0ccupancv: 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.
WEST VALLEY SANITATION DISTRICT OF SANTA CLARA COUNTY
27. Sewer connection: The applicant will be required to construct a new building sewer
for each of the new lots per district specifications and procedures. Pursuant to
district ordinance, code Section 10.130 "TIME OF PAYMENT OF SEWER
CONNECTION AND TREATMENT PLANT CAPACITY FEES", THE APPLCIANT IS
REQUIRED TO PAY ALL APPLICABLE FEES PRIOR TO THE ISSUANCE OF A
"Non-Interference" letter for the recordation of the Final Map.
PASSED AND ADOPTED this 6th
call vote:
day of November ,2007, by the following roll
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Low, Burr, Furtado
Kennedy
Hernandez
None
ATTEST:
ilAt~
APPROVED:
Daniel E. Fu
Anne Bybee, City Clerk