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PC Res 3914RESOLUTION NO. 3914 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING THAT THE CITY COUNCIL GRANT A REINSTATEMENT OF APPROVAL (PLN2008-129) TO GRANT ATWO-YEAR APPROVAL OF A PREVIOUSLY APPROVED TENTATIVE SUBDIVISION MAP (PLN2005-80) TO CREATE 44 LOTS (40 RESIDENTIAL LOTS, THREE PUBLIC SERVICE LOTS AND ONE COMMON LOT) ON PROPERTIES LOCATED AT 511 & 555 W. CAMPBELL AVENUE IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION MS. KATHY ROBINSON, ON BEHALF OF CATHOLIC CHARITIES. FILE NO.: PLN2008-129. 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 Planning Commission did find as follows with respect to application PLN2008-129. The proposed creation of 43 lots (40 residential/3 public service) and one common lot at a density of 9.4 units per gross acre 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 Tentative. Subdivision Map is consistent with the Planned Development Zoning Ordinance. 3. The provisions of the Covenants, Conditions and Restrictions are necessary to ensure the long-term maintenance of the common access driveway and landscaping. 4. The Tentative Subdivision 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. 5. The proposed project, to the extent feasible, 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. 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). Planning Commission Resolution No. 3914 PLN2008-129 - 511 & 555 W. Campbell Avenue Recommending an Reinstatement of Approval -Tentative Subdivision Map (PLN2005-80) Page 2 Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. .The proposed Tentative Subdivision Map is consistent with the General Plan and Zoning Ordinance of the City. 2. The proposed Tentative Subdivision 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 Subdivision 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 Planning Commission recommends that the City Council grant a Reinstatement of Approval (PLN2008-129) to grant atwo-year approval of a previously approved Tentative Subdivision Map (PLN2005-80) to allow the creation of 44 lots (40 residential lots, three public service lots and one common lot on property located at 511 & 555 W. Campbell 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. Planning Commission Resolution No. 3914 PLN2008-129 - 511 & 555 W. Campbell Avenue Recommending an Reinstatement of Approval -Tentative Subdivision Map (PLN2005-80) Page 3 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division: 1. Approved Project: Approval for a Tentative Subdivision Map to create 40 residential lots, three (3) public service lots, and one common lot, on properties located at 511 & 555 W. Campbell Avenue. The site design and subdivision design shall substantially conform to the project exhibits listed below, except as may be modified by the conditions of approval herein: a. Tentative Subdivision Map prepared by Charles Davidson Company, dated September 6, 2005, including a lot plan, preliminary grading and drainage plan, utility plan and demolition plan. 2. Approval Expiration: The Tentative Subdivision Map approval is valid for a period of two years from the date of final approval, unless an extension is granted prior to the expiration date. 3. Planned Development Permit Approval: Valid approval is contingent upon recordation of the Final Subdivision Map to divide the subject property. The Final Subdivision Map shall be recorded prior to the issuance of building permits. 4. Covenants. Codes and Restrictions: The applicant shall submit a draft copy of the Covenants, Conditions and Restrictions (CC&R's) to the Planning Division for approval by the Community Development Director and City Attorney, prior to the recordation of the Final Subdivision Map, which provide for: 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. A funding mechanism to ensure maintenance and upkeep of common areas and shared access facilities. e. On-going maintenance of the required front yard landscaping for the project. f. Requirement for the availability of garage space for the parking of vehicles at all times. g. A prohibition on the use of parking spaces for storage purposes, including boats, trailers, and recreational vehicles. Planning Commission Resolution No. 3914 PLN2008-129 - 511 & 555 W. Campbell Avenue Recommending an Reinstatement of Approval -Tentative Subdivision Map (PLN2005-80) Page 4 PUBLIC WORKS 5. Final Map: Prior to issuance of any grading or building permits for the project, the applicant shall submit a Final Map for review by the City and recordation, upon approval by the City Council, pay various fees/deposits and submit the map in a digital format acceptable to the City. 6. Preliminary Title Report: Upon submittal of the tract map, the applicant shall provide a current (within the past 6 months) Preliminary Title Report. 7. Public Service Easement and Sidewalk Easement: Upon recordation of the Final Map, the applicant shall grant a 5' public service easement and sidewalk easement on private property contiguous with the public right-of--way along the Campbell 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. 8. Private Easements: Upon recordation of the Final Map, the applicant shall have private easements to be recorded for private utilities, private storm drains,, reciprocal ingress and egress, emergency vehicles, etc. 9. Monumentation for Final Map: Prior to recordation of the Final 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. 10. Street Improvements: Prior to recordation of the Final 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: 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 tf,7~ sidewalk area. c. Removal of existing driveway approaches and necessary sidewalk, curb and gutter. d. Installation of City standard curb, gutter, sidewalk and ADA 'compliant driveway approach. e. Installation of asphalt concrete overlay per street pavement restoration plan for utility installation and/or abandonment, as required by the City Engineer. f. Installation of street trees at 40 feet on center. 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. Planning Commission Resolution No. 3914 PLN2008-129 - 511 8~ 555 W. Campbell Avenue Recommending an Reinstatement of Approval -Tentative Subdivision Map (PLN2005-80) Page 5 i. Construction of conforms to existing public and private improvements, as necessary. 11.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. 12. Water Meter(s) and Sewer Cleanout(s): Existing and proposed Mrater meter(s) and sewer cleanout(s) shall be relocated or installed on private properky behind the public right-of--way line. 13. 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. 14. 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 oIradditions. Applicant shall comply with all plan submittals, permitting, and fee require~rrjients of the serving utility companies. 15. Utility Coordination Plan: Prior to issuance of building permits for''t~e site, the applicant shall submit a utility coordination plan and schedule for approval~~ y the City Engineer for installation and/or abandonment of all utilities. The plan slh~Il clearly show the location and size of all existing utilities and the associated maul lines; indicate which utilities and services are to remain; which utilities and services ~rle to be abandoned, and where new utilities and services will be installed. Joint treric~es for new utilities shall be used whenever possible. 16. Pavement Restoration: Based on the utility coordination plan, the applicant shall prepare a pavement restoration plan for approval by the City ~tfigineer prior to any utility installation or abandonment. Streets that have been rec n~structed or overlaid within the previous five years will require boring and jacki gl for all new utility installations. Campbell Avenue has not been reconstructed or ~rerlaid in the last 5 years. The pavement restoration plan shall indicate how the str e~ pavement shall be restored following the installation or abandonment of all utiliti ~ necessary for the project. 17. Grading and Drainage Plan: Prior to issuance of any grading or b site, the applicant shall conduct hydrology studies based c frequency, prepare an engineered grading and drainage plan, any obtain necessary grading permits. The plans shall comply with tl California Building Code including Chapters 10, 11, 18, 33, and A~ ding permits for the a ten-year storm gay fees required to 1998 edition of the endix Chapter 33. Planning Commission Resolution No. 3914 PLN2008-129 - 511 & 555 W. Campbell Avenue Recommending an Reinstatement of Approval -Tentative Subdivision IlJlap (PLN2005-80) Page 6 18. Storm Drain Area Fee: Prior to recordation of the Final Map, the p' licant shall pay the most current Storm Drain Area fee, currently set at $2,385 p r~net acre, which is $7,131 (subject to change). I, 19. Stormwater Pollution Prevention Measures: Prior to issuanc building permits, the applicant shall comply with the Nationa Elimination System (NPDES) permit requirements, Santa Clara requirements, and the Campbell Municipal Code regarding prevention. Specifically the project must include source con treatment measures to achieve compliance with Provision C.3. c Measures may include, but are not limited to, minimization of iml vegetated swales, infiltration areas, and treatment devices. The to improve the quality and reduce the quantity of stormwater runo Resources to achieve these objectives include Sformwate~ Practices Handbook for New Development and Redevelopment (. by the California Stormwater Quality Association (CASQA), 2003; A Design Guidance Manual for Stormwater Qualify Protection ("St the Bay Area Stormwater Management Agencies Association (~ Using Site Design Techniques to Meet Development Standards f4 A Companion Document to Start of the Source ("Using Site De BASMAA, 2003. of any grading or pollution Discharge alley Water District :ormwater pollution ~I, site design and the NPDES Permit. vious surface area, mary objectives are o the bay. Best Management A BMP Handbook") Start of the Source: ~^t at the Source") by ~SMAA), 1999; and Stormwater Quality: gn Techniques") by REQUIREMENTS FOR GROUP 1 AND GROUP 2 PROJECTS: a. Upon submission of the tentative map, the applicant shall cat ulate and submit to the City the amount of impervious surface created by the Bevel pment. b. The applicant's designer or engineer shall submit the regju~red certification for sizing, selection, and preliminary design of treatment BMP's !f r the project site to meet the requirements of the City of Campbell's NPDES ~ermit, No. 01-119, Provision C.3. ~' c. The applicant shall comply with the requirements of the NPDES Construction General Permit. ~~ d. Upon submission of the Final Map, the applicant shall sign th ~ "Covenants for the Operation and Maintenance of Stormwater Facilities". e. The applicant shall also comply with any other or new conditio s as required by the City of Campbell's NPDES permit. Prior to occupancy, a qualified BMP certifier is required to ins ect the stormwater management facilities, submit a complete set of as-built drawings to Public Works Engineering, and certify on these drawings that: a. The stormwater management facilities were constructed in compliance with the approved plans. Planning Commission Resolution No. 3914 PLN2008-129 - 511 & 555 W. Campbell Avenue Recommending an Reinstatement of Approval -Tentative Subdivision Map (PLN2005-80) Page 7 b. The as-built drawings show all pertinent constructed dimensions,, elevations, shapes, and materials; c. All variations in construction from the approved design plan Ih ve been identified, including omissions to and additions from the approved plan; an d. Any changes are in conformance with local, state, or federal rag lations. 20.0 eration and Maintenance of Stormwater Pollution Preventio easures: Prior to recordation of the Final Map, the applicant shall execute an aglr ement and provide security for the operation and maintenance of stormwater ollution prevention measures installed or provided as a part of this project. I, 21. State General Construction Activity Permit: Prior to issuance of a grading or building permits, the applicant shall comply with the State General Const uction Activity Permit requirements including paying fees, filing a Notice of Intent a providing a Storm Water Pollution Prevention Plan (SWPPP). The applicant shall pr vide the City with a copy of the filed Notice of Intent and SWPPP. ', 22. Covenants. Conditions. and Restrictions: Provide copies of City prior to recordation of the Final Map and CC&Rs. 23. Demolition: Prior to recording of the Final Map the applicant permit and remove any nonconforming structures. PASSED AND ADOPTED this 28th day of October, by the following AYES: Commissioners: Alderete, Ebner, Gairaud, Gitpf~ Roseberry NOES: Commissioners: None ', ABSENT: Commissioners: None ABSTAIN: Commissioners: None ~-, ~ APPROVED: '' Bob Roseberry, aid ATTEST: '~' Jackie C. You g, Actin cretary for review by the obtain a demolition call vote: ns, Rocha and