PC Res 3933RESOLUTION NO. 3933
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL RECOMMENDING APPROVAL OF A
TENTATIVE VESTING SUBDIVISION MAP (PLN2007-174) TO
SUBDIVIDE THE PROPERTY OWNED BY ALVIN B CHAN, INC.,
LOCATED AT 651, 655 & 671 W. HAMILTON AVENUE IN A P-D
(PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION
OF MS. JENNIFER SKILLINGS, ON BEHALF OF SANTA CLARA
DEVELOPMENT. FILE NO: PLN2007-174.
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. PLN2007-174:
The creation of 10common-ownership condominium parcels, 12 common-ownership
parking/open space parcels, 108 "air space" residential condominium unit parcels,
and up to 10 "air space" commercial condominium unit parcels is consistent with the
Commercial/Professional Office/Residential (up to 27 units per gross acre) General
Plan land use designation.
2. The maximum density allowed under the General Plan is 27 units per gross acre and
the project provides 22.83 units per gross acre.
3. All condominium developments in the City are required to be located within a C-PD
(Condominium-Planned Development) Zoning District. The proposed residential
condominium project is consistent with the C-PD Zoning District.
4. The proposed project includes provisions for access to natural air and light for all of
the units.
5. The provisions of the Covenants, Conditions and Restrictions are necessary to
ensure the long-term property maintenance and continued architectural integrity of
the project.
6. The Tentative Vesting Subdivision 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 objected to the proposed project.
7. A Mitigated Negative Declaration has been prepared for this project concluding that
there are no significant unmitigated impacts associated with this project, pursuant to
the California Environmental Quality Act (CEQA).
Based on the foregoing findings of fact, the Planning Commission further finds and
concludes that:
Planning Commission Resolution No. 3933
PLN2007-174 - 651, 655 & 671 W. Hamilton Avenue
Recommending approval of a Tentative Vesting Subdivision Map
Page 2
1. The proposed Tentative Vesting Subdivision Map is consistent with the General Plan
and Zoning Ordinance of the City.
2. The proposed Tentative Vesting Subdivision 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 Vesting Subdivision 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 Vesting Subdivision Map (PLN2007-174) for subdivision of the property
owned by Alvin B. Chan, Inc., located at 651, 655 & 671 W. Hamilton 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:
Declaration of Acceptance of All Conditions: Within thirty (30) days of City Council
approval, the applicant shall sign the final, approved set of Conditions of Approval.
Planning Commission Resolution No. 3933
PLN2007-174 - 651, 655 & 671 W. Hamilton Avenue
Recommending approval of a Tentative Vesting Subdivision Map
Page 3
Until said Conditions are signed, the approved entitlements shall not be valid for any
permits sought from the City.
Acknowledged & Accepted:
Santa Clara Development Date
2. Approved Project: Approval is granted for a Tentative Vesting Subdivision Map
(PLN2007-174) to create 10 common-ownership condominium parcels, 12 common-
ownership parking/open space parcels, 108 "air space" residential condominium unit
parcels, and up to 10 "air space" commercial condominium unit parcels in
conjunction with a Zoning Change (PLN2007-172), a Planned Development Permit
(PLN2007-173), and Tree Removal Permit (PLN2007-175) on property located at
651, 655 & 671 W. Hamilton Avenue. The Final Subdivision Map shall substantially
conform to the Tentative Vesting Subdivision Map prepared by Civil Engineering
Associates and dated as received by the Planning Division on February 4, 2009,
except as may be modified by the conditions of approval herein:
3. Approval Expiration: The Tentative Vesting Subdivision Map approval is valid for a
period of three years from the date of final City Council approval unless an extension
is granted prior to the expiration date. Recordation of a Final Map must occur within
this three-year period.
4. Planned Development Permit: The Vesting Tentative Subdivision Map is contingent
upon the Planned Development Permit (PLN2007-173). A Final Subdivision Map
may not be recorded if the Planned Development Permit expires or is revoked by the
City Council.
Park Impact Fee: A park impact fee is due upon development of the site, based on
the development density of greater than 21 units per acre, and shall be paid to the
City. Prior to recordation of the Final Subdivision Map, 75% of this fee is due. The
remaining 25% is due prior to issuance of a certificate of building occupancy. The
fee is currently set at $6,590 per unit. This fee is subject to change and the fee in
effect at the time of payment shall be the fee due.
PUBLIC WORKS DEPARTMENT
6. General Comments: It is noted that the site plan includes direct access to the
adjacent property located on the northeast corner of Darryl Drive and Hamilton
Avenue. To our knowledge, there are no reciprocal easements recorded to allow
traffic to flow freely between these two sites, and it is possible that the property on
the corner (currently DelTaco) could construct physical improvements that would
Planning Commission Resolution No. 3933
PLN2007-174 - 651, 655 & 671 W. Hamilton Avenue
Recommending approval of a Tentative Vesting Subdivision Map
Page 4
prevent the flow of traffic from the new mixed use development across the corner
property.
It is also noted that the Del Taco property has a triangular ingress/egress easement
across both the Darryl Drive and Hamilton Avenue driveways on the proposed
development, which must be maintained by the newly proposed development, or
which must be revised to accommodate any revisions to the proposed traffic
patterns at these driveways. Based on the current site plan, the traffic patterns at
these driveways will need to be revised to provide better coordination of vehicular
movements, which would then require the ingress/egress easements to be revised.
The Public Works requirements include the removal and reinstallation of median
island landscaping on Hamilton Avenue, and the removal and replacement of
frontage improvements. This condition requires the removal of approximately 12
median island trees, and 1 street tree. These proposed tree removals should be
included in the memo to the Planning Commission and City Council for the approval
of the development and tentative map. Public Works staff will post these trees 10
days prior to the City Council meeting/public hearing for approval of the tentative
map.
7. Final Map: Prior to issuance of any grading or building permits for the project, the
applicant shall submit a final map for review by the City and recordation, upon
approval by the City Council, pay various fees/deposits and submit the map in a
digital format acceptable to the City.
8. Condominium Plan: Prior to building occupancy, the applicant shall submit a
Condominium Plan and submit the map in a digital format acceptable to the City.
9. Covenants, Conditions, and Restrictions: Provide copies of CC&Rs for review by
the City prior to recordation of the final map and CC&Rs.
10. Preliminary Title Report: Upon submittal of the final map, the applicant shall provide
a current (within the past 6 months) Preliminary Title Report.
11. Right-of-Way for Public Street Purposes: Upon recordation of the final 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 Hamilton Avenue frontage to
accommodate 17' of right of way from face of curb to back of walk. The applicant
shall submit the necessary documents for approval by the City Engineer, process
the submittal with City staff's comments and fully complete the right-of-way
dedication 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.
Planning Commission Resolution No. 3933
PLN2007-174 - 651, 655 & 671 W. Hamilton Avenue
Recommending approval of a Tentative Vesting Subdivision Map
Page 5
12. Public Service Easements: Upon recordation of the final map, the applicant shall
grant a 10 foot and 5 foot public service easement on private property contiguous
with the public right-of-way along the W. Hamilton Avenue and Darryl Drive
frontages, respectively. 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 final map, the applicant shall cause
private easements to be recorded for private utilities, private storm drains, reciprocal
ingress and egress, emergency vehicles, etc. Additionally, the applicant shall revise
the access to the neighboring property at 771 W. Hamilton Avenue to allow a safe
traffic circulation/ingress/egress at the project's Hamilton and Darryl Drive entries,
per the City Engineer's approval. Revise the two existing triangular ingress/egress
easements (Book 7547, Page 665) for the benefit of 771 W. Hamilton Avenue (Del
Taco / Boyd property) to reflect the circulation/ingress/egress revisions. The revised
easements shall be shown on the Final Map.
14. Demolition: Prior to recording of the final map the applicant shall obtain a demolition
permit and remove any nonconforming structures.
15. Monumentation for Final Map: Prior to recordation of the Final 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. 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.
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 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.
18. Storm Drain Area Fee: Prior to recordation of the final map, the applicant shall pay
the required Storm Drain Area fee, currently set at $2,650 per net acre, which is
$10,759.
19. San Tomas Expressway Median Landscaping Contribution: Prior to recordation of
the final map, the applicant shall contribute $30,000 to the City for the renovation of
the San Tomas Expressway median.
Planning Commission Resolution No. 3933
PLN2007-174 - 651, 655 & 671 W. Hamilton Avenue
Recommending approval of a Tentative Vesting Subdivision Map
Page 6
20. Street Improvements: Prior to recordation of the final 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:
A. W. Hamilton Avenue:
1. Show location of all existing and proposed utilities within the new and existing
public right of way.
2. Relocation of all existing utilities including utility boxes, covers, poles, etc.
outside of sidewalk area. No utility boxes, covers, etc. will be allowed in the
sidewalk area.
3. Removal of existing driveway approaches, sidewalk, curb and gutter.
4. Removal of one existing street tree, as designated by the City.
5. Protect and retain two existing street trees, as designated by the City.
6. Installation of Boulevard treatment consisting of City standard curb, gutter, ten
(10) foot park strip, seven (7) foot sidewalk and ADA compliant driveway
approaches.
7. Revise the access, and install modifications as necessary, to the neighboring
property at 771 W. Hamilton Avenue to allow for a safe traffic
circulation/ingress/egress at the project's Hamilton Avenue driveway, per the
City Engineer's approval.
8. Installation of City approved street trees, turf and irrigation as required by City
Engineer.
9. Installation of asphalt concrete overlay per street Pavement Restoration Plan
(see Pavement Restoration condition below).
10.Installation of streetlights, conduits, conductors and related facilities in
accordance with the City of Campbell's Street Lighting Policies.
11.Installation of traffic control, stripes and signs.
12. Construction of conforms to existing public and private improvements, as
necessary.
13. Submit final plans in a digital format acceptable to the City
B. W. Hamilton Avenue Median
1. Plan shall reflect most recent improvements to be installed by Santa Clara
County, Roads and Airports Department. The scheduled start of construction
is proposed to begin early 2009.
2. Show location of all existing and proposed utilities within the new and existing
public right of way.
Planning Commission Resolution No. 3933
PLN2007-174 - 651, 655 & 671 W. Hamilton Avenue
Recommending approval of a Tentative Vesting Subdivision Map
Page 7
3. Removal of all landscaping within median island, including approximately 12
median island trees.
4. Installation of City approved trees, landscaping, irrigation, top soil, etc. per
City's requirements.
5. Installation of asphalt pavement repairs per the approved Pavement
Restoration Plan (see Pavement Restoration condition below).
C. Darryl Drive
1. Show location of all existing and proposed utilities within the new and existing
public right of way.
2. Relocation of all existing utilities including utility boxes, covers, poles, etc.
outside of sidewalk area. No utility boxes, covers, etc. will be allowed in the
sidewalk area.
3. Removal of existing driveway approaches, sidewalk, curb and gutter and
street lights.
4. Revise the access, and install modifications as necessary, to the neighboring
property at 771 W. Hamilton Avenue to allow for a safe traffic
circulation/ingress/egress at the project's Darryl driveway, per the City
Engineer's approval.
5. Installation of City standard curb, gutter, sidewalk and ADA compliant
driveway approach.
6. Installation of City approved street trees, turf and irrigation as required by City
Engineer.
7. Installation of asphalt concrete overlay/repair per street Pavement
Restoration Plan (see Pavement Restoration condition below).
8. Installation of streetlights, conduits, conductors and related facilities in
accordance with the City of Campbell's Street Lighting Policies.
9. Installation of traffic control, stripes and signs.
10. Construction of conforms to existing public and private improvements, as
necessary.
11. Submit final plans in a digital format acceptable to the City
21. Maintenance of Landscaping: Owner(s), current and future, are required to maintain
the landscaped park strip and tree wells 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.
22. 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. 3933
PLN2007-174 - 651, 655 & 671 W. Hamilton Avenue
Recommending approval of a Tentative Vesting Subdivision Map
Page 8
23. 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.
24. 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.
25. Pavement Restoration: Based on the utility coordination plan and other required
improvements, the applicant shall prepare a Pavement Restoration Plan for approval
by the City Engineer prior to issuance of any building permits for the site. Streets
that have been reconstructed or overlaid within the previous five years will require
boring and jacking for all new utility installations. W. Hamilton Avenue nor Darryl
Drive have 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 and other required improvements
necessary for the project.
26. 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.
27. 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
28. 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
Planning Commission Resolution No. 3933
PLN2007-174 - 651, 655 & 671 W. Hamilton Avenue
Recommending approval of a Tentative Vesting Subdivision Map
Page 9
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
(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 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 final 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.
Planning Commission Resolution No. 3933
PLN2007-174 - 651, 655 & 671 W. Hamilton Avenue
Recommending approval of a Tentative Vesting Subdivision Map
Page 10
The applicant shall also comply with any other or new conditions as required by the
City of Campbell's most current NPDES permit.
29. 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 street improvements installed and accepted by the City, and the design
engineer shall submit as-built drawings to the City.
30. Santa Clara Valley Water District (SCVWD~: Prior to issuance of any permits for
grading, landscaping, or building or the recordation of the final map, the applicant
shall obtain clearance from the SCVWD.
31. County Roads and Airport: Prior to issuance of any permits for grading, landscaping,
or building or the recordation of the final map, the applicant shall obtain a clearance
from the County Roads and Airport.
32. State General Construction Activity Permit: Prior to issuance of any grading or
building permits, the applicant shall comply with the State General Construction
Activity Permit requirements including paying fees, filing a Notice of Intent and
providing a Storm Water Pollution Prevention Plan (SWPPP). The applicant shall
provide the City with a copy of the filed Notice of Intent and SWPPP.
PASSED AND ADOPTED this 10th day of February 2009, by the following roll call vote:
AYES: Commissioners: Alderete,
Rocha
NOES: Commissioners: None
ABSENT: Commissioners: Roseberry
ABSTAIN: Commissioners: None
APPROVED
~~~
ATTEST:
Ciddy Wordell, Acting Secretary
Doorley, Ebner, Gairaud, Gibbons and
.~-~.,
Mark Ebner, hair