PC Res 3917RESOLUTION N0.3917
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL RECOMMENDING APPROVAL OF A
TENTATIVE PARCEL MAP (PLN2008-59) TO CREATE FOUR
RESIDENTIAL LOTS AND ONE COMMON LOT ON PROPERTY
OWNED BY DAVID AND JANEAN SOUSA LOCATED AT 45-67
KENNEDY AVENUE IN A P-D (PLANNED DEVELOPMENT)
ZONING DISTRICT. APPLICATION OF MR. DAVID SOUSA. FILE
NO: PLN2008-59.
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. PLN2008-59:
1. The proposed creation of four residential lots and one common lot is consistent with
the Medium Density Residential (14-20 units per gross acre) General Plan land use
designation for the property.
2. The proposed density of 8.51 units per gross acre is well below the allowed density
range of 14-20 units per gross acre permitted in the Medium Density Residential
General Plan land use designation.
3. The proposed Tentative Parcel Map is consistent with the Planned Development
Zoning Ordinance.
4. The common lot would consist of a common access driveway, shared parking
spaces and landscaping.
5. The proposed project includes provisions for access to natural air and light for all of
the units.
6. 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. Specific comments from
local agencies have been incorporated as Conditions of Approval.
7. The project qualifies as Categorically Exempt under Section 15332, Class 32 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.
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PLN2007-59 - 45-67 Kennedy Avenue -Tentative Parcel Map
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2. The proposed 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. 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 approval
of a Tentative Parcel Map (PLN2008-59) to subdivide one property into four residential
lots and one common lot on property owned by David and Janean Sousa located at 45-
67 Kennedy 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 Project: Approval is granted for a Tentative Parcel Map to create four
residential lots and one common lot on property located at 45-67 Kennedy Avenue.
The Final Parcel Map shall substantially conform to the revised Tentative Parcel
Map prepared by Mission Engineers, Inc. and stamped as received by the Planning
Division on September 9, 2008, except as may be modified by the Conditions of
Approval herein.
Planning Commission Resolution No. 3917
PLN2007-59 - 45-67 Kennedy Avenue -Tentative Parcel Map
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2. Approval Expiration: The Tentative Subdivision Map approval is valid for a period of
two years from the date of final City Council 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 Parcel Map to divide the subject property. The Final Parcel
Map shall be recorded prior to the issuance of building permits.
4. Park Impact Fee: A park impact fee, based on a density range of six to thirteen units
per gross acre, is due upon development of the site. Credit shall be given for any
legally established existing residential units to be demolished. Prior to recordation of
the Subdivision Map, 75% of this fee is due. The remaining 25% is due prior to
issuance of a certificate of building occupancy.
5. Utility Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to
installation of PG&E utility (transformer) boxes and San Jose Water Company back-
flow Preventers, indicating the location of the boxes and screening (if the boxes are
above ground) for approval by the Community Development Director.
6. Demolition of Structures: Prior to recordation of the Subdivision Map the applicant
shall obtain a building permit for the demolition of all existing structures.
7. 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).
8. 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 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. Provision of a funding mechanism to ensure maintenance and upkeep of
common areas and shared building walls and roofs to be repaired, repainted,
and/or replaced as necessary;
e. Provision to provide ongoing maintenance of the required landscaping for the
project;
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f. Provision for the availability of interior garage space for the parking of two
vehicles at all times; and
g. Provision to prohibit the use of outside parking spaces for storage purposes,
including boats, trailers, and recreational vehicles.
PUBLIC WORKS DEPARTMENT
9. 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 digital format acceptable to the City.
10. Covenants. Conditions, and Restrictions: Provide copies of CC&Rs for review and
approval by the City prior to recordation of the final map and CC&Rs.
11. Preliminary Title Report: Upon submittal of the parcel map, the applicant shall
provide a current (within the last 6 months) Preliminary Title Report.
12. Right-of-Wav for Public Street Purposes: Upon recordation of the parcel map, the
applicant shall fully complete the process to cause additional right-of-way to be
granted in fee for public street purposes along the Kennedy Avenue frontage to
accommodate a 30-foot half street width. 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.
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 to remove any nonconforming structures.
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. 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:
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PLN2007-59 - 45-67 Kennedy Avenue -Tentative Parcel Map
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a. Show location of all existing utilities within the new and existing public right-of-
way.
b. Relocation of all existing facilities, including utility boxes, covers, poles, etc.
outside the sidewalk area. No utility boxes, covers, poles, etc. will be allowed in
the sidewalk area.
c. Removal of existing driveway approaches and sidewalk, curb and gutter.
d. Installation of City standard curb, gutter and sidewalk and ADA compliant
driveway approaches.
e. Installation of City approved street trees and irrigation at 30 feet on center.
f. Installation of asphalt concrete overlay per street pavement restoration plan for
utility installation and/or abandonment, as required by the City Engineer.
g. Construction of conforms to existing public and private improvements as
necessary.
h. Installation of storm mainline and manholes to Winchester Boulevard, as
necessary.
i. Submit final plans in a digital format acceptable to the City.
17. Maintenance of Landscaping: Current and future owner(s) are required to maintain
the landscaped park strip in the public right-of-way. This includes, but is 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.
18. Water Meter(s) and Sewer CleanoutLs,~
sewer cleanout(s) shall be installed on
way line.
Existing and proposed water meter(s) and
private property behind the public right-of-
19. 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 to determine the required pavement section.
20. Utilities: All new 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.
21. Utility 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.
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22. 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. Kennedy Avenue has not been resurfaced 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.
23. 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.
24. 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.
25. Grading and Draina4e 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. Prior to occupancy, the design engineer shall
provide written certification that the development has been built per the engineered
grading and drainage plans.
26. 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. 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 Besf 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
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PLN2007-59 - 45-67 Kennedy Avenue -Tentative Parcel Map
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(BASMAA), 1999; and Using Site Design Techniques to Meet Development
Standards for Stormwater Quality: A Companion Document to Start of 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.
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.
27. 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 $2,385 per net
acre, which is $952.00.
28. Occupancy and Building Permit Final: Prior to allowing occupancy and/or final
building permit signoff for any and/or all buildings, the applicant shall have the
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required street improvements and pavement restoration installed and accepted by
the City, and the design engineer shall submit as-built drawings to the City.
FIRE DISTRICT
29. Required Fire Flow: The required fire flow for this project is 1,000 gpm at 20 psi
residual pressure. The required fire flow is available from area water mains and fire
hydrant(s), which are located at the required spacing.
WEST VALLEY SANITATION DISTRICT OF SANTA CLARA COUNTY
30. Sewer connection: Sanitary sewer service is available from an existing 6-inch
sewer main in the alley behind the property. The district will require the developer to
abandon all existing sewer connections and construct a new privately maintained
sewer system for the new homes. This private sewer system must be designed and
constructed to the district's public sewer standard.
31. Fees: Pursuant to district ordinance, code Section 10.130 "TIME OF PAYMENT
OF SEWER CONNECTION AND TREATMENT PLANT CAPACITY FEES," the
developer is required to pay all applicable fees prior to the issuance of a "Non-
interference" letter for the recordation of the Final Map.
PG~E
32. Utilities: Any proposed development plans shall provide for unrestricted utility
access and prevent interference with PG&E easements. The installation of new gas
and electric facilities and/or the relocation of existing PG&E facilities will be
performed in accordance with common law or Rules and Tariffs as authorized by the
California Public Utilities Commission.
PASSED AND ADOPTED this 11th day of November, 2008, by the following roll call
vote:
AYES: Commissioners: Alderete, Ebner, Gairaud and Roseberry
NOES: Commissioners: Gibbons
ABSENT: Commissioners: Rocha
ABSTAIN: Commissioners: None
APPROVED:
Bob Roseberry, C r
ATTEST:
Jackie C. oung, mg Secretary