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PC Res 3874 RESOLUTION NO. 3874 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A TENTATIVE PARCEL MAP (PLN2007-197) TO SUBDIVIDE ONE PROPERTY INTO TWO PARCELS ON PROPERTY OWNED BY MR. STAN LJUBAN AND MR. RON COHEN LOCATED AT 45 SUNNYSIDE AVENUE IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. STAN LJUBAN AND MR. RON COHEN. FILE NO: PLN2007-197. 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. PLN2007-197: 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 8.5 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 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. 3874 PLN2007-197 - 45 Sunnyside Avenue - 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 (PLN2007-197) to subdivide one property into two parcels on property owned by Mr. Stan Ljuban and Mr. Ron Cohen located at 45 Sunnyside 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 an Approval of a Tentative Parcel Map (PLN2007-197) to create two residential lots on property located at 45 Sunnyside Avenue. The Tentative Parcel Map shall substantially conform to the Tentative Parcel Map prepared by Advanced Development Engineers dated December 17, 2007, except as may be modified by the Conditions of Approval herein. 2. Aooroval Exoiration: 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. Park Imoact Fee: The applicant shall pay the current park impact fee, based on a density range of six to thirteen units per gross acre, for the development of the site. Credit shall be given for any existing single-family residence to be demolished. Prior to recordation of the Parcel Map, 75% of this fee is due and the remaining 25% is due prior to issuance of a certificate of building occupancy. Planning Commission Resolution No. 3874 PLN2007-197 - 45 Sunnyside Avenue - Tentative Parcel Map Page 3 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. 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). 6. Easements: Upon recordation of the Parcel Map, the applicant shall cause Easements to be recorded as shown on the approved Tentative Parcel Map for private utilities, private storm drains, reciprocal ingress and egress, etc. PUBLIC WORKS DEPARTMENT 7. Tentative Parcel Mao: The applicant shall submit a complete and accurate tentative parcel map in accordance with the Planning Division's checklist and pay the required Planning Department fees. 8. Parcel Mao: 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. The current parcel map processing fee for Public Works Department is $3,400.00 plus $75.00 per lot. 9. Preliminary Title Reoort: Upon submittal of the parcel map, the applicant shall provide a current (within the past 6 months) Preliminary Title Report. 10. Public Service and Sidewalk Easement: Upon recordation of the parcel map, the applicant shall grant a five (5) foot public service easement and sidewalk easement on private property contiguous with the public right-of-way along Sunnyside Avenue. 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. 11. Demolition: Prior to recording of the parcel map, the applicant shall obtain a demolition permit and remove any nonconforming structures if necessary. 12. Monumentation for Parcel Mao: 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. 13. Soils Reoort: 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. Planning Commission Resolution No. 3874 PLN2007-197 - 45 Sunnyside Avenue - Tentative Parcel Map Page 4 14. 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. 15. 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 $2,120.00 per net acre, which is $423.00. 16. Street Imorovements: 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: 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. Installation of City approved street trees at 30 feet on center. d. Removal of existing driveway approaches and necessary sidewalk, curb and gutter as necessary. e. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway approaches as necessary. f. Construction of conforms to existing public and private improvements, as necessary. 17. 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. 18. 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. 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. Planning Commission Resolution No. 3874 PLN2007-197 - 45 Sunnyside Avenue - Tentative Parcel Map Page 5 20. 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. 21. 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. Sunnyside Avenue has not been overlaid during 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. 22. Additional Street Imorovements: 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. 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. 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 Stormwater Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. 24. Occuoancv: 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. Planning Commission Resolution No. 3874 PLN2007-197 - 45 Sunnyside Avenue - Tentative Parcel Map Page 6 PASSED AND ADOPTED this 11th day of March, 2008, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Ebner, Gairaud, Gibbons, Rocha and Roseberry None Alderete, Doorley None APPROVED: /1;b ~L Bob Roseberry, C ir ATTEST: