CC Resolution 9675
RESOLUTION NO. 9675
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING A TENTATIVE SUBDIVISION MAP
(PLN2000-33) TO ALLOW THE CREA nON OF FIVE PARCELS ON
PROPERTY LOCATED AT 122 SHELLEY AVENUE.
APPLICATION OF MR. GLEN CAHOON. FILE NO. PLN2000-33
(TS).
After notification and public hearing, as specified by law, and after presentation by the
Community Development Staff, 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 PLN2000-33 (TS):
1. The proposed subdivision density of 10.42 units per gross acre is no greater than the density
allowance of 6-13 units per gross acre permitted in the Low-Medium Density Residential
land use shown on the Land Use Element of the General Plan.
2. An initial study was prepared for this project and no significant environmental impacts were
found.
3. The provisions of the CC&Rs are necessary to ensure the long term property maintenance
and continued architectural integrity of the project.
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 and the public service needs of its residents and available fiscal and environmental
resources.
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. No evidence has been presented which shows that the project will have a substantial impact
on plant or animal life.
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City Council Resolution
PLN2000-33 - 122 Shelley Avenue - Tentative Subdivision Map
Page 2
The applicants are hereby notified, as part of this application, that they are required to meet the
following conditions in accordance with the Ordinances of the City of Campbell and the State of
California. The lead department with which the applicant will work is identified. Additionally,
the applicants are hereby notified that they are required to comply with all applicable Codes and
Ordinances of the City of Campbell and the State of California that pertain to this development
and are not contained herein.
COMMUNITY DEVELOPMENT DEPARTMENT
1. Approved Proiect: Approval is granted for a Tentative Subdivision Map allowing the
creation of five (5) residential lots and a common lot for a five (5) unit townhouse
development on property located at 122 Shelley Avenue. The map shall substantially
conform to the map prepared by Kirkeby Engineering, stamped as received on March 22,
2000.
2. Tree Protection Plan: A tree protection plan shall be submitted prior to issuance of a building
permit in accordance with the City's Water Efficient Landscape Standards (WELS) for any
trees to be retained on site.
3. 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 home owner'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 for "common" areas to be maintained.
D. Provision of maintenance for common area landscaping.
E. Provision for the long-term property maintenance for the driveway, buildings and
common roofs to be repaired, repainted, and/or replaced as necessary.
F. Provision of a funding mechanism to ensure maintenance and upkeep of common areas
and shared building walls and roofs.
G. Provision to require that the interior garage space shall be maintained available at all
times for the parking of two vehicles.
H. Provision to prohibit use of uncovered parking spaces for outdoor storage purposes.
4. Park Impact Fee: A park impact fee of $7,035 per unit is due upon development of the
townhouse project. Credit in the amount of $10,990 will be given for the existing single-
family residence. 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. 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).
City Council Resolution
PLN2000-33 - 122 Shelley Avenue - Tentative Subdivision Map
Page 3
PUBLIC WORKS DEPARTMENT:
6. Tentative Map: The applicant shall submit a Tentative Map for review by the City. The
current application processing fee is $3,375.00.
7. Final Map: Prior to issuance of any grading or building permits for the site, the applicant
shall submit a Final Map for review by the City and recordation, after approval, by the City
Council. The current plan check fee is $1,450.00 plus $25 per lot.
8. Preliminary Title Report: Prior to recordation of the Tract Map, the applicant shall provide a
current Preliminary Title Report.
9. Right-of-Way for Public Street Purposes: Prior to recordation of the Final Map, the applicant
shall grant additional Right -of- W ay for Public Street Purposes along the Shelley A venue
frontage to accommodate a 30 foot half street. 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. Public Service Easement: Prior to 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 Shelley A venue frontage. The applicant shall cause all documents to be prepared
by a registered civil engineer/land surveyor, as necessary, for the City's review and review
and recordation.
11. Easements: Prior to recordation of the Final Map, the applicant shall cause private
Easements to be recorded as necessary.
12. Monuments: Prior to recording Final Map, applicant shall provide security guaranteeing the
cost of setting all Monuments shown on the record map, as determined by the City Engineer.
13. Street Improvements: Prior to recordation of the Final 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 public improvements, as
required by the City Engineer. The plans shall include the following:
A. Reconstruction of existing pavement, plus conforms at the centerline and at the easterly
and westerly ends of the project.
B. Construction of ADA compliant driveway approach.
C. Construction of standard attached sidewalk including street trees, tree wells, and
irrigation system at approximately 40 on center.
D. Construction of traffic control, stripes, and signs.
E. Construction of off-site storm drain facilities.
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City Council Resolution
PLN2000-33 - 122 Shelley Avenue - Tentative Subdivision Map
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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-of-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.
16. Utilities: All Utilities shall be installed underground in accordance with Section 20.36.150
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
compames.
17. Utilitv 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.
18. Maintenance Security: Prior to issuance of occupancy approval for the site, all public street
improvements required by the street improvement agreement and the encroachment permit
must be completed and accepted by the City and the applicant must provide a one-year
Maintenance Security in an amount of 25% of the Faithful Performance Bond.
19. 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 1994 edition of the UBC including Chapters 18, 33,
and Appendix Chapter 33.
20. Storm Drain Area Fee: Prior to recordation of the Final Map, the applicant shall pay the
required Storm Drain Area fee which is $956.00.
21. 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.
22. Demolition: Prior to recording of the Final Map/Parcel Map the applicant shall obtain a
Demolition permit to remove existing non-conforming structures.
City Council Resolution
PLN2000-33 - 122 Shelley Avenue - Tentative Subdivision Map
Page 5
PASSED AND ADOPTED this 2nd day of May , 2000, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Dougherty, Furtado, Watson, Dean, Kennedy
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
APPRO
ATrnST. t)~
Anne Bybee, City Clerk