PC Res 3176RESOLUTION NO. 3176
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL, RECOMMENDING APPROVAL OF A
TENTATIVE PARCEL MAP TO ALLOW THE CREATION OF THREE
RESIDENTIAL LOTS AND A COMMON LOT AND
RECOMMENDING THAT THE CITY COUNCIL AUTHORIZE THE
CITY CLERK TO ACCEPT DEDICATION OF RIGHT-OF-WAY FOR
PUBLIC STREET PURPOSES FOR PROPERTY LOCATED AT 1725
BUCKNALL ROAD IN A PD (PLANNED DEVELOPMENT) ZONING
DISTRICT. APPLICATION OF MR. MARKO DUCHICH, MR. JOHN
VIDOVICH AND MR. BOB SHAFER. FILE NO. PM 98-01.
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 PM 98-01:
The proposed subdivision density of 8.89 units per gross acre is no greater than the density
allowance of 14-20 units per gross acre permitted in the 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.
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The provision of a maintenance agreement and CC&Rs requiring the formation of a
homeowner's association is necessary to ensure the long term property maintenance and
continued architectural integrity of the project.
4. Dedication for public street purposes is necessary to provide for and promote the orderly
development of the project.
5. The City Clerk may accept the required dedication for public street purposes if authorized by
the City Council.
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The proposed subdivision is consistent with the General Plan.
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.
Planning Commission Resolution No. 3176
PM 98-01 - 1725 Bucknall Road - Duchich/Vidovich/Shafer
Page 2
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No substantial evidence has been presented which shows that the project, as currently
presented, and subject to the required conditions, will have a significant adverse impact on
the environment.
4. No evidence has been presented which shows that the project will have a substantial impact
on plant or animal life.
The applicant is hereby notified, as part of this application, that he/she is required to meet the
following conditions in accordance with the ordinance of the City of Campbell and the State of
California. The lead department with which the applicant will work is identified on each
condition where necessary. 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
1. Approved Proiect: Approval is granted for a Tentative Parcel Map allowing the creation of
three (3) residential lots and a common lot for the development of a townhouse project on
property located at 1725 Bucknall Road. The map shall substantially conform to the map
prepared by Steven Arnold, Civil Engineer, dated as revised on August 14, 1998, except as
may be modified by the Conditions of Approval herein.
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Property Maintenance: The property shall be maintained free of any combustible trash, debris
and weeds, until the time that actual construction commences. All existing structures on the
property shall be secured by having windows boarded up and doors sealed shut, or be
demolished or removed from the property.
3. Park In-Lieu Fee: Applicant to pay a fee in-lieu of park dedication prior to recordation of the
final subdivision map.
Park Impact Fee: Applicant shall be advised that a park impact fee is required in addition to
the Park In-Lieu Fee prior to occupancy of any of the townhouse units. Credit shall be given
for the existing single-family residence on the property.
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Tree Protection/Replacement Plan: Applicant to submit a tree protection plan for approval
by the Community Development Director addressing retention of existing trees and
replacement of removed trees consistent with the Water Efficient Landscaping Standards
(WELS) prior to issuance of building permits.
Planning Commission Resolution No. 3176
PM 98-01 - 1725 Bucknall Road - Duchich/Vidovich/Shafer
Page 3
Covenants, Codes and Restrictions {CC&Rs): The applicant shall be required to submit for
review and approval by the City Attorney, City Engineer and Community Development
Director prior to recordation of the final parcel map a copy of the CC&Rs which includes 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. Description and map illustrating "common" areas to be maintained.
D. Provision of maintenance for "common" landscaping within the project site by the
homeowner's association.
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. Naming of the City as a third party beneficiary with the opportunity to lien properties for
any breach of the maintenance agreement and CC&Rs.
H. Provision that the garages in the three units be maintained in such a way that they are
available for the parking of vehicles at all times.
PUBLIC WORKS DEPARTMENT:
7. Revision to Tentative Parcel Map: Prior to submittal of the Final Parcel Map for review, the
following shall be included on the Tentative Map:
· City of San Jose/City of Campbell City limit line
· Drainage pattern for lots and any lot to lot drainage easements needed.
· Removal of the P.S.E. designation on Parcel "D"
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Final Parcel Map: Prior to issuance of any building permits for the site, the applicant shall
submit a Final Parcel Map for recordation upon approval by the City. The current plan check
fee is $1,060 plus $25 per parcel.
9. Preliminary Title Report: Prior to recordation of the Final Parcel Map, the property owner
shall provide a current Preliminary Title Report.
10. Right-of-Way for Public Street Purposes: Prior to recordation of the Final Parcel Map, the
property owner shall grant 30 feet of right-of-way for public street purposes along the
Bucknall Road frontage. The acceptance of this right-of-way will require City Council
approval.
Planning Commission Resolution No. 3176
PM 98-01 - 1725 Bucknall Road- Duchich/Vidovich/Shafer
Page 4
11. Easements: Prior to recordation of the Final Parcel Map, the property owner shall cause
easements to be recorded for private utilities, private storm drains, reciprocal ingress and
egress, etc., as necessary.
12. Street Improvements: Prior to recordation of the Final Parcel 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
improvements, as required by the City Engineer. The plans shall include the following:
· New curb and gutter with curb face at 20 feet from centerline.
· New pavement to centerline of required right-of-way plus an additional distance of about
2 feet to 4 feet to conform to existing pavement elevations based on a Traffic Index of 7.5
and an R value provided by a qualified soils engineer.
· New separated five foot sidewalk on the north side of Bucknall Road.
· One new public street light.
· Landscape and irrigation system for street trees and landscaping in the parkway.
· New traffic control signs and pavement strips on Bucknall Road as determined by the
City Engineer.
· All water meters and sewer clean-outs on private property.
13. City of San Jose Permit: All utility connections to facilities located within the city limits of
San Jose will require a permit from San Jose.
14. Utilities: All new on-site Utilities shall be installed underground per 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
company, and shall provide evidence from all utilities that the proposed development can be
served and that the public utility easements are adequate.
15. Utility Installation Plan: Prior to issuance of building permits, the applicant shall submit a
Utility Installation Plan and Schedule for approval by the City Engineer for installation or
abandonment of all utilities and service connections. Streets which have been resurfaced
within the previous 5 years will require boring and jacking for all new utility installations and
will also require a pavement restoration plan for approval by the City Engineer prior to any
utility installation or abandonment.
Planning Commission Resolution No. 3176
PM 98-01 - 1725 Bucknall Road- Duchich/Vidovich/Shafer
Page 5
16. 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.
17. 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.
18. Storm Drain Area Fee: Prior to issuance of any grading, drainage, or building permits for the
site, the applicant shall pay the required Storm Drain Area fee. The current fee is $ 2,000 per
acre or $ 464.00.
19. National Pollution Discharge Elimination System: The applicant shall comply with the Santa
Clara Valley Water District (SCVWD) Best Management Practices and Title 14 of the
Campbell Municipal Code concerning storm water pollution prevention.
20. Demolition: Prior to recordation of the Parcel Map, the applicant shall obtain a demolition
permit from the Building Division and remove all structures that would be in violation of the
Municipal Code if the Parcel Map were recorded prior to removal of the structures.
CENTRAL FIRE DISTRICT:
21. Required Access to Water Supply (Hydrants): Portions of the structure(s) are greater than
150 feet of travel distance from the centerline of the roadway containing public fire hydrants.
Provide an approved residential fire sprinkler system throughout all portions of the building
of Lot C.
Planning Commission Resolution No. 3176
PM 98-01 - 1725 Bucknall Road- Duchich/Vidovich/Shafer
Page 6
PASSED AND ADOPTED this 8th day of September, 1998, by the following roll call vote:
AYES: COMMISSIONERS: Francois, Gibbons, Jones, Keams, Lindstrom,
Lowe, Meyer-Kennedy
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ABSTAIN: D~
COMMISSIONERS: None
/5 PROVE
\~_~ (J Dennis'Lowe, Chair
Steve l~iasecki, Secretary