PC Res 3538
RESOLUTION NO. 3538
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A
TENTATIVE PARCEL MAP (PLN2002-139) TO CREATE FOUR
LOTS PLUS ONE COMMON DRIVE ON PROPERTY OWNED BY
MR. TIM OLDHAM LOCATED AT 1396 W. LA TIMER A VENUE
IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT.
APPLICATION OF MR. TIM OLDHAM. FILE NO. PLN2002-139.
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 PLN2002-139:
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 Tentative Parcel Map is consistent with the Planned Development Zoning
Ordinance.
3. The provisions of the Covenants Conditions and Restrictions are necessary to ensure the
long-term maintenance of the common access driveway, shared parking area and
landscaping.
4. 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.
5. The project qualifies as Categorically Exempt under 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 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.
Planning Commission Resolution No. 3538
PLN2002-139 - 1396 W. Latimer Avenue -- Tentative Parcel Map
Page 2
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.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval
of a Tentative Parcel Map (PLN2003-139) to create four lots plus one common drive on property
owned by Mr. Tim Oldham located at 1396 W. Latimer A venue, subject to the following
conditions:
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
Plannißl! Division
1. Approved Project: Approval is granted for a Tentative Parcel Map to create four residential
lots and one common lot at 1396 W. Latimer A venue. The Parcel Map shall substantially
conform to the Tentative Parcel Map prepared by Frank Oldham and dated 2/18/03, except as
may be modified by the conditions of approval herein.
2. Approval Expiration: The Tentative Parcel 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. Parcel Map: The Planned Development Permit approval is contingent upon recordation of
the Parcel Map to divide the subject property. The Parcel Map shall be recorded prior to the
issuance of building permits.
4. Covenants, Codes and Restrictions (CC&Rs): Prior to recordation of the Parcel Map and
CC&R's, the applicant shall submit for review and approval by the City Attorney and
Community Development Director a copy of the draft CC&Rs which shall include the
following:
Planning Commission Resolution No. 3538
PLN2002-139 - 1396 W. Latimer Avenue -- Tentative Parcel Map
Page 3
a. The formation of a homeowner's association to ensure the long-term maintenance of the
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, including the common access driveway.
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 for the availability of an interior garage space for the parking of vehicles at all
times and no parking in the driveway.
f. Provision to prohibit the use of parking spaces for storage purposes, including boats,
trailers, and recreational vehicles.
g. The on-site sewer shall be privately maintained.
5. Park Impact Fee: A park impact fee of $7,035 per unit is due upon development of the site.
Credit in the amount of $10,990 will be given for the existing single-family residence. Prior
to recordation of the Parcel Map, 75% of this fee is due. The remaining 25% is due prior to
issuance of a certificate of building occupancy.
6. 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).
PUBLIC WORKS DEPARTMENT
7. Parcel Map: Prior to issuance of any building permits for the project, the applicant shall
submit a Parcel Map for recordation upon approval by the City. The current plan check fee is
$2,400.00 plus $35 per parcel.
8. Preliminary Title Report: Upon submittal of the Tentative Parcel Map, the applicant shall
provide a current Preliminary Title Report.
9. Public Service Easement: Upon recordation of the parcel map, the applicant shall grant a ten
foot public service easement on private property contiguous with the public right-of-way
along the W. Latimer Avenue frontage. 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.
10. Easements: Prior to recordation of the Parcel Map, the applicant shall cause easements to be
recorded for utilities, storm drains, reciprocal ingress and egress, emergency vehicles etc., as
necessary.
11. Monumentation for Parcel Map: Prior to recordation of the Parcel Map, the applicant shall
provide security for setting all monuments shown on the map.
~
Planning Commission Resolution No. 3538
PLN2002-139 - 1396 W. Latimer Avenue -- Tentative Parcel Map
Page 4
12. Street Improvements: Upon 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 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 fee for a non-utility encroachment
permit is currently $260.00. The plans shall include the following:
a. Install curb, gutter and sidewalk
b. Install full pavement section to conform to existing pavement, as required by the City
Engineer.
c. Install street tree, irrigation and ground cover.
d. Install storm drainage facilities as needed.
e. Install streetlight in accordance with the City's street light policy.
f. Construction of conforms to existing public and private improvements, as necessary.
13. Occupancy: Prior to occupancy for any and lor all buildings, the applicant shall have the
required Street Improvements installed and accepted by the City.
14. 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.
15. Soils Report: Prior to issuance of any grading or building permits for the site, the applicant
shall provide a soils report prepared by a registered geotechnical or civil engineer.
16. 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
companIes.
17. Utili tv 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. Streets, which have been resurfaced within
the previous five years, will require boring and jacking for all new utility installations. The
applicant shall also prepare pavement restoration plans for approval by the City Engineer
prior to any utility installation or abandonment.
18. 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. The plans shall comply with the 1998 edition of the California Building Code
including Chapters 10, 11, 18,33, and Appendix Chapter 33.
19. 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.
Planning Commission Resolution No. 3538
PLN2002-139 - 1396 W. Latimer Avenue -- Tentative Parcel Map
Page 5
20. Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building
permits, the applicant shall comply with the National Pollution Discharge Elimination
System (NPDES) permitting requirements and the California Storm Water Best Management
Practices handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley
Water District and the City of Campbell Municipal Code regarding Storm Water Pollution
Prevention.
21. Covenants, Conditions, and Restrictions (CC&R's): Provide copies of CC&R's for review
by the City prior to recordation of the Parcel Map and CC&Rs.
22. Demolition: Prior to the recordation of the Parcel Map, the applicant shall obtain a
demolition and remove any nonconforming structures.
PASSED AND ADOPTED this 10th day of February, 2004, by the following roll call vote:
AYES:
Commissioners:
Alderete, Doorley, Francois, Gibbons, Hernandez, Rocha
and Roseberry
None
None
None
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
APPROVED: '
Gedl:g'e Doorley, Chair
ATIEST: ~ ~
,
Sharon Fierro, Secretary