CC Resolution 10966
RESOLUTION NO. 10966
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL GRANTING A ONE-YEAR EXTENSION OF APPROVAL
(PLN2008-132) FOR A PREVIOUSLY APPROVED TENTATIVE
PARCEL MAP (PLN2002-94) TO ALLOW THE CREATION OF FOUR
RESIDENTIAL LOTS AND ONE COMMON LOT ON PROPERTY
OWNED BY MR. AMIR KHOJASTEH LOCATED AT 705 W. HACIENDA
AVENUE IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT.
APPLICATION MR. AMIR KHOJASTEH. FILE NO.: PLN2008-132.
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, 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 PLN2008-132.
1. The 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 9.3 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 common lot would consist of a common access driveway, shared parking spaces,
and landscaping.
5. The 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 Subdivision Map Act allows an extension to a Tentative Parcel Map up to a
maximum of six years beyond the original map life, which was two years.
8. 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.
9. The project qualifies as Categorically Exempt under Section 15315, Class 15 of the
California Environmental Quality Act (CEQA).
City Commission Resolution
PLN2008-132 - 705 W. Hacienda Avenue
Extension of Approval of a Tentative Parcel Map (PLN2002-94)
Page 2
Based upon the foregoing findings of fact, the City Council 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.
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 City Council grants a one-year Extension of
Approval (PLN2008-132) of a previously approved Tentative Parcel Map (PLN2002-94) to
allow the creation of four residential lots and one common lot on property owned by Mr.
Amir Khojasteh located at 705 W. Hacienda 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 an Extension of Approval (PLN2008-132) of
a previously approved Tentative Parcel Map (PLN2002-94) to create four residential
lots and one common lot on property located at 705 W. Hacienda Avenue. The
Tentative Parcel Map shall substantially conform to the Tentative Parcel Map prepared
City Commission Resolution
PLN2008-132 - 705 W. Hacienda Avenue
Extension of Approval of a Tentative Parcel Map (PLN2002-94)
Page 3
by Survey Construction Staking Co., Inc. and stamped as received by the Planning
Division on October 8, 2008 except as may be modified by the conditions of approval
herein.
2. Declaration of Acceptance of All Conditions: Within thirty (30) days of the effective date
of Planning Commission approval, the applicant shall sign the final, approved set of
Conditions of Approval. Until said Conditions are signed, the approved Tentative
Parcel Map shall not be valid for any permits sought from the City.
3. Supersession of Previous Conditions of Approval: The Conditions of Approval
specified herein shall supersede all and any previous Conditions of Approval specified
by previous approvals and extensions.
4. Approval Expiration: The Extension of Approval of the Tentative Parcel Map is for a
period of one year, until October 15, 2010. Failure to record the Parcel Map before this
date shall render the Tentative Parcel Map void. Applicant is informed that pursuant to
the California Subdivision Map Act a Tentative Map may only be extended a maximum
of six years beyond the original approval period. Therefore, the Extension of Approval
granted herein shall be the last Extension of Approval granted by the City of Campbell.
5. Park Impact 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.
6. 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.
7. 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.
8. 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
City Commission Resolution
PLN200B-132 - 705 W. Hacienda Avenue
Extension of Approval of a Tentative Parcel Map (PLN2002-94)
Page 4
be demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed.
Uniform Fire Code).
9. 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;
b. Continued architectural controls to ensure the architectural integrity of the project,
including a provision that ensures that shared building walls and roofs are repaired,
repainted, and/or replaced as necessary;
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;
e. Provision for the availability of interior garage space for the parking of two vehicles
at all times; and
f. Provision to prohibit the use of outside parking spaces for storage purposes,
including boats, trailers, and recreational vehicles.
PUBLIC WORKS DEPARTMENT
10. Parcel Map: Prior to issuance of any building permits for the project, the applicant shall
pay the difference between the previous 2005 parcel map fee and the current parcel
map fee. A new updated parcel map shall be prepared by a registered surveyor or civil
engineer and signed off by the appropriate signatories. 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.
11. Preliminarv Title Report: Upon submittal of the parcel map, the applicant shall provide
a current (within the past 6 months) Preliminary Title Report.
12. Public Service Easement: Upon recordation of the parcel map, the applicant shall
grant a 10 foot public service easement on private property contiguous with the public
right-of-way along the Hacienda Avenue 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 recordation.
13. 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.
14. Demolition: Prior to recording of the parcel map the applicant shall obtain a demolition
permit and remove any nonconforming structures.
City Commission Resolution
PLN2008-132 - 705 W. Hacienda Avenue
Extension of Approval of a Tentative Parcel Map (PLN2002-94)
Page 5
15. 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.
16. 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.
17. Gradino 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.
18. Storm Drain Area Fee: Prior to recordation of the parcel map, the applicant shall pay
the required Storm Drain Area fee, currently set at $2,385 per net acre, which is $822.
19. Street Improvements: Prior to recordation of the parcel 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, unless otherwise approved by the City
Engineer:
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, turf and irrigation as required.
d. Installation of City standard curb, gutter, detached sidewalk and ADA compliant
driveway approach. Modifications of said improvements will be required to preserve
the existing 30 inch diameter cedar tree.
e. Installation of engineered structural pavement section to centerline, as required by
the City Engineer.
f. Installation of asphalt concrete overlay per street pavement restoration plan for
utility installation and/or abandonment, as required by the City Engineer.
g. Installation of streetlights, conduits, conductors and related facilities in accordance
with the City of Campbell's Street Lighting Policies.
h. Installation of traffic control, stripes and signs.
i. Construction of conforms to existing public and private improvements, as
necessary.
20. Maintenance of Landscapino: Owner(s), current and future, are required to maintain
the landscaped park strip and tree wells in the public right of way. This includes, but is
City Commission Resolution
PLN2008-132 - 705 W. Hacienda Avenue
Extension of Approval of a Tentative Parcel Map (PLN2002-94)
Page 6
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.
21. 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.
22. 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.
23. 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.
24. 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. Hacienda Avenue has not been reconstructed or overlaid in the last 5
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.
25. Utility 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.
26. 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.
27. 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
City Commission Resolution
PLN2008-132 - 705 W. Hacienda Avenue
Extension of Approval of a Tentative Parcel Map (PLN2002-94)
Page 7
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 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.
Upon submission of the tentative parcel map, 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 parcel 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.
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.
City Commission Resolution
PLN2008-132 - 705 W. Hacienda Avenue
Extension of Approval of a Tentative Parcel Map (PLN2002-94)
Page 8
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.
28. Occupancy and Buildina Permit Final: Prior to allowing occupancy and/or final building
permit signoff 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 18th day of
roll call vote:
November
, 2008, by the following
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Furtado, Kennedy, Low, Hernandez, Burr
None
None
None
ATTEST:
~
Anne Bybee, City Clerk
APPROV~ ~ ~~~ - ~
Donald R. Burr, Mayor