CC Resolution 10985
RESOLUTION NO. 10985
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING A TENTATIVE PARCEL MAP (PLN2008-
169) TO CREATE TWO PARCELS FROM ONE EXISTING PARCEL
ON PROPERTY OWNED BY MR. FRANK ONZO LOCATED AT 310
REDDING ROAD IN A P-D (PLANNED DEVELOPMENT) ZONING
DISTRICT. APPLICATION OF MR. FRANK ONZO. FILE NO:
PLN2008-169.
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. PLN2008-169:
1. At the regular meeting of November 21, 2006, the City Council adopted: Ordinance
No. 2079 approving a Zone Change (PLN206-148) from R-M (Multiple-Family
Residential) to P-D (Planned Development); Resolution No. 10712 approving a
Planned Development Permit (PLN2006-55) to allow the creation of three residential
lots; and Resolution No. 10713 approving a Tentative Parcel Map (PLN2005-147) to
create three residential lots from the property located at 310 Redding Road.
2. A Modification to the previously approved Planned Development (PLN2006-55) is
required for the creation of additional parcels and/or construction of a new dwelling.
3. The three parcels created pursuant to the previously approved Tentative Parcel Map
(PLN2005-147) are indicated as Lots 1,2, and 3 on the approved Final Parcel Map
(File No. 19592437), recorded with the Office of the Santa Clara County Recorder,
September 20,2007, on file with the City of Campbell Public Works Department.
4. The three parcels created pursuant to the previously approved Tentative Parcel Map
(PLN2005-147) are also indicated as parcels number 59, 60, and 61 on Page 39 of
Book 414, of the Maps of the Santa Clara County Assessor.
5. The creation of two residential lots is consistent with the Low-Medium Density
Residential (6-13 units per gross acre) General Plan land use designation for the
property.
6. The proposed density of 4.76 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.
7. The Tentative Parcel Map is consistent with the Planned Development Zoning
designation.
8. The project includes provisions for access to natural air and light for all of the units.
City Council Resolution
PLN2008-169 - 310 Redding Road - Tentative Parcel Map
Page 2
9. The site plan proposes the construction of one single family residence and the
retention of an existing single family residence, each on individual lots. Each
residence would take vehicular access from exclusive driveways off of Redding
Road.
10. 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.
11. The project qualifies as Categorically Exempt under Section 15303, Class 3 and
Section 15315, Class 15, 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.
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 approves a Tentative Parcel
Map (PLN2008-169) to create two parcels from one existing parcel on property owned
by Mr. Frank Onzo located at 310 Redding Road 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,
City Council Resolution
PLN2008-169 - 310 Redding Road - Tentative Parcel Map
Page 3
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. Declaration of Acceptance of All Conditions: Within thirty (30) days 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 the recordation of a Final Parcel Map.
2. Approved Proiect: Approval is granted for a Tentative Parcel Map (PLN2008-169) to
create two residential lots on property located at 310 Redding Road. The Tentative
Parcel Map shall substantially conform to the Tentative Parcel Map prepared by
SMP Engineers and stamped as received by the Planning Division on November 24,
2008, except as may be modified by the conditions of approval herein.
3. Approval Expiration: The Approval of the Tentative Parcel Map is for a period of two
years, unless an extension is granted prior to the expiration date. Failure to record
the Parcel Map before this date shall render the Tentative Parcel Map void.
4. 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.
5. 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).
City Council Resolution
PLN200B-169 - 310 Redding Road - Tentative Parcel Map
Page 4
PUBLIC WORKS DEPARTMENT
6. 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 a digital format acceptable to the City.
7. Deed Restriction or Ownership Transfer Restriction: Prior to recordation of the
parcel map, the applicant shall sign a deed restriction or ownership transfer
restriction, or other document as required by the City Engineer. The restriction will
require that upon any transfer of ownership of any property, street improvements be
installed along the entire street frontage along both Parcel A and B as shown on the
Tentative Map dated October 16, 2008 prepared by SMP Engineers.
8. Preliminary Title Report: Upon submittal of the parcel map, the applicant shall
provide a current (within the past 6 months) Preliminary Title Report.
9. 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.
10. 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.
11. 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 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.
12. Deferred Street Improvement Aqreement: Prior to recordation of the Parcel Map,
the owner shall execute a deferred street improvement agreement for construction of
standard street improvements. Unless otherwise approved by the City Engineer
these improvements shall include, but are not limited to, removal and replacement of
street pavement structural section to centerline, relocation of utility poles and
facilities as required, installation of curb, gutter, sidewalk, ADA compliant driveways,
street trees, street lights, necessary drainage facilities and necessary conforms to
existing improvements.
13. 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.
City Council Resolution
PLN2008-169 - 310 Redding Road - Tentative Parcel Map
Page 5
14. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and
sewer c1eanout(s) shall be relocated or installed on private property behind the
public right-of-way line.
15. 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.
16. 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. Redding Road 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.
17. 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. .
18. 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.
19. 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. 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
PLN200B-169 - 310 Redding Road - Tentative Parcel Map
Page 6
(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.
20. Occupancv 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 pavement restoration installed and accepted by the City, and the design
engineer shall submit as-built drawings to the City.
21. Private Improvements Aareement: Prior to recordation of the parcel map, the owner
shall execute an "Agreement for Private Improvements in the Public Right of Way".
This agreement would be required to allow the existing private fence located in the
public right of way along the frontage of this property, and any other non-City
standard improvements, to remain.
PASSED AND ADOPTED this 6th day of
roll call vote:
January
, 2009, by the following
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Kotowski, Furtado, Baker, Low, Kennedy
None
None
None
ATTEST:
a~
Anne Bybee, City Clerk