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PC Res 3921RESOLUTION NO. 3921 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF 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 Planning Commission finds as follows with regard to File No. PLN2008-169: 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. Planning Commission Resolution No. 3921 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 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. 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 Planning Commission recommends approval of 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, Planning Commission Resolution No. 3921 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: 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 Project: 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. 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). Planning Commission Resolution No. 3921 PLN2008-169 - 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. 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 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 Agreement: 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. Planning Commission Resolution No. 3921 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 cleanout(s) shall be relocated or installed on private property behind the public right-of-way line. 15. 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. 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. 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. 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 Planning Commission Resolution No. 3921 PLN2008-169 - 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. 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 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 thi; AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: 9th day of December, 2008, by the following roll call vote: Alderete, Ebner, Gairaud, Gibbons, Rocha and Roseberry None None None .~~ APPROVED: ~z.~ Bob Roseber ,Chair ATTEST. ~-^ Tim J. Ha , A ing Secretary