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CC Resolution 10982 RESOLUTION NO. 10982 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING 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 City Council 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 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. City Council Resolution PLN2007-59 - 45-67 Kennedy Avenue - Tentative Parcel Map Page 2 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 City Council approves 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 Proiect: 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. City Council Resolution PLN2007-59 - 45-67 Kennedy Avenue - Tentative Parcel Map Page 3 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. Utilitv 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. Propertv 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; City Council Resolution PLN2007-59 - 45-67 Kennedy Avenue - Tentative Parcel Map Page 4 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. Riaht-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: City Council Resolution PLN2007-59 - 45-67 Kennedy Avenue - Tentative Parcel Map Page 5 a. Show location ot all existing utilities within the new and existing public right-ot- way. b. Relocation ot 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 Landscapina: 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 Cleanout(s): Existing and proposed water meter(s) and sewer cleanout(s) shall be installed on private property behind the public right-of- way line. 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. 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. City Council Resolution PLN2007-59 - 45-67 Kennedy Avenue - Tentative Parcel Map Page 6 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. 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. 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. Gradinq and Drainaqe 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 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 City Council Resolution PLN2007-59 - 45-67 Kennedy Avenue - Tentative Parcel Map Page 7 (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. 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. Occupancv and BuildinQ Permit Final: Prior to allowing occupancy and/or final building permit signoff for any and/or all buildings, the applicant shall have the City Council Resolution PLN2007-59 - 45-67 Kennedy Avenue - Tentative Parcel Map Page 8 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 6th day of roll call vote: Januarv , 2009, by the following AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Kotowski, Furtado, Baker, Low, Kennedy None None None APPROV ATTEST: ~ Anne Bybee, City Clerk