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PC Res 3863 RESOLUTION NO. 3863 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A TENTATIVE PARCEL MAP (PLN2007-142) TO CREATE TWO PARCELS FROM ONE LOT ON PROPERTY OWNED BY MR. ED PEARSON LOCATED AT 100 S. SECOND STREET IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. VELlMIR SULlC. FILE NO: PLN2007-142. 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. PLN2007-142: 1. The creation of two residential lots 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 6.25 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 Tentative Parcel Map is consistent with the Planned Development Zoning designation. 4. The project includes provisions for access to natural air and light for all of the units. 5. 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. 6. The project qualifies as Categorically Exempt under Section 15303, Class 3 and Section 15315, Class 15, of the California Environmental Quality Act (CEQA). 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 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. Planning Commission Resolution No. 3863 PLN2007-142 - 100 S. Second Street - Tentative Parcel Map Page 2 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. 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 (PLN2007-142) to create two parcels from one lot on property owned by Mr. Ed Pearson located at 100 S. Second Street in a PD (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 (PLN2007-142) to create two residential lots on property located at 100 S. Second Street. The Tentative Parcel Map shall substantially conform to the Tentative Parcel Map prepared by Mason-Sulic and stamped as received by the Planning Division on November 16, 2007, except as may be modified by the conditions of approval herein. 2. Approval Expiration: The Approval of the Tentative Parcel Map is for a period of two years, unless an extension is granted prior to the expiration date. Failure to record the Parcel Map before this date shall render the Tentative Parcel Map void. 3. 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. Planning Commission Resolution No. 3863 PLN2007-142 - 100 S. Second Street - Tentative Parcel Map Page 3 4. Tree Protection Plan: The applicant shall submit a tree protection plan for all protected trees to be retained on site or on adjacent lots that are impacted by the project, and shall contain specific information about the preservation of the trees during any grading or building on site. Such tree protection measures shall be installed prior to any demolition, grading, or building on the project site. No construction or trenching shall take place within the drip line of trees and a fence constructed of temporary cyclone fencing or wire mesh securely attached to poles driven into the ground shall be installed around the dripline of the tree. All trimming or branch removal from protected trees shall be completed by a certified arborist. The tree protection plan shall be submitted to the Planning Division for review and approval by the Community Development Director prior to the issuance of building permits. 5. Prooertv 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: 1. 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 a digital format acceptable to the City. 2. Preliminary Title Report: Upon submittal of the parcel map, the applicant shall provide a current (within the past 6 months) Preliminary Title Report. 3. Riaht-of-Wav for Public Street Purposes: Prior to issuance of any grading or building permits for the site, the applicant shall fully complete the process to cause additional right-of-way to be granted in fee for public street purposes along the Everett Avenue frontage to accommodate a 20' half street width with a 5-foot Public Utilities Easement/Public Sidewalk Easement 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. 4. Demolition: Prior to recording of the parcel map, the applicant shall obtain a demolition permit and remove any nonconforming structures if necessary. 5. 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. Planning Commission Resolution No. 3863 PLN2007-142 - 100 S. Second Street - Tentative Parcel Map Page 4 6. 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, currently set at $2,120.00 per net acre, which is $311.00. 7. Street Improvements: Prior to issuance of any grading or building permits for the site, 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: S. Second Street: a. Show location of all existing utilities within the new and existing public right of way. b. Relocation of all existing utilities including utility boxes, covers, poles, etc. outside of sidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk area. c. Removal of necessary sidewalk, curb and gutter. d. Installation of City standard curb, gutter and sidewalk. e. Installation of City standard ADA compliant curb ramp at southeast corner of S. Second Street and Everett Avenue. f. I nstallation of asphalt concrete overlay per street pavement restoration plan (See condition # 11) for utility installation and/or abandonment if any, as required by. the City Engineer. g. Installation of traffic control, stripes and signs, as necessary. h. Construction of conforms to existing public and private improvements, as necessary. Everett Avenue: a. Show location of all existing utilities within the new and existing public right of way. b. Relocation of all existing utilities including utility boxes, covers, poles, etc. outside of sidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk area. c. Removal of existing street section to centerline. Installation of engineered structural pavement section with a minimum width of 15 feet to street centerline from face of curb. The existing power pole at the easterly border of the property shall not encroach into the pavement, curb or gutter section and shall be relocated if necessary to accommodate the 15 foot half street section\ d. Installation of City standard 12' wide driveway approach and ADA compliant sidewalk at entrance to alleyway. e. Installation of City approved street trees at 30 feet on center. Planning Commission Resolution No. 3863 PLN2007-142 - 100 S. Second Street - Tentative Parcel Map Page 5 f. Installation of City standard curb, gutter, 5.5' attached sidewalk and ADA compliant driveway approaches. g. Installation of additional asphalt concrete overlay per street pavement restoration plan for utility installation and/or abandonment if any, as required by the City Engineer. h. Installation of traffic control, stripes and signs as necessary. i. Construction of conforms to existing public and private improvements, as necessary. 8. 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. 9. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer cleanout(s) shall be relocated or installed on private property behind the public right-of-way line. 10. 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. 11. 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. South Second Street and Everett Avenue have not been reconstructed or overlayed in the last five 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. 12. 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. 13. 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 Planning Commission Resolution No. 3863 PLN2007-142 - 100 S. Second Street - Tentative Parcel Map Page 6 discretion of the City Engineer, to restore pavement or other public improvements to the satisfaction of the City. 14. 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. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff 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 Storm water Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. 15. 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. PASSED AND ADOPTED this 22nd day of January, 2008, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Alderete, Doorley, Ebner, Gibbons and Roseberry Gairaud Rocha None APPROVED: Bob Roseberry, Ch ATTEST: