PC Res 2984RESOLUTION NO. 2984
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CItY OF CAMPBELL RECOMMENDING APPROVAL OF A
PARCEL MAP PERMIT TO ALLOW THE CREATION OF FOUR
TOWNHOMES LOTS ON PROPERTY LOCATED AT 33
SUNNYSIDE AVENUE, IN A PD (PLANNED DEVELOPMENT)
ZONING DISTRICT. FILE NO. PM 95-07.
After notification and Public Hearing, as specified by law, on the application
of Mr. Omid Shakeri and, after presentation by the City Staff, proponents and
opponents, the hearing was closed.
After due consideration of all evidence presented, the Planning Commission
did find as follows with respect to File No. PM 95-07:
The proposed subdivision density of 8.1 units per gross acre is
consistent with the low to medium density residential land use shown
on the Land Use Element of the General Plan.
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An initial study was prepared for this project and no significant
unmitigated environmental impacts were found.
Based upon the foregoing findings of fact, the Planning Commission further
finds and concludes that:
1. The proposed subdivision is consistent with the General Plan.
The proposed subdivision 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.
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The design of the subdivision provides, to the extent feasible, for future
passive or natural heating or cooling opportunities.
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No substantial evidence has been presented which shows that the
project, as currently presented and subject to the required conditions,
would have a significant adverse impact on the environment.
The applicant is hereby notified, as part of this application, that he/she is
required to meet the following conditions in accordance with the Ordinances
of the City of Campbell and the State of California. The lead department with
which the applicant will work is identified on each condition. 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.
Planning Commission Resolution No. 2984
PM 95-07 -- 33 Sunnyside Avenue -- Omid Shakeri
Page 2
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Streets and Related Improvements
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Remove the existing driveway on west side of property and
remove portion of the driveway on east side. Construct new
driveway. Construct curb, gutter and sidewalk as needed for
driveways removed along property frontage.
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Install full width pavement along property in the alley when the
City has proper documentation to ensure that this is proper
procedure.
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Install a pavement structural section on the alleyway based on a
traffic index determined by the City Traffic Engineer, a soils
report provided by the applicant and related information as
determined by the City Engineer.
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Install asphalt seal coat for 1/2 width of street, a property
frontage, on Sunnyside Avenue as required by the City Engineer.
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Install street lights in accordance with the Illuminating
Engineering Society requirements on Sunnyside Avenue
including undergrounding of the existing aerial service.
Traffic Control Improvements: Install traffic control improvements
including pavement stripes, markers, markings and traffic control
signs.
Landscape Improvements: Provide trees, irrigation and related
landscape improvements in the public right-of-way.
Parcel Map: Submit Parcel Map for review and approval by the City
Engineer.
Street Improvement Plans: Provide Street Improvement Plans for
review and approval by the City Engineer.
Grading and Drainage Plans: Provide separate grading and drainage
plans for review and approval by the City. Easements for grading and
drainage shall be shown on the Parcel Map and offered for dedication
as appropriate.
Planning Commission Resolution No. 2984
PM 95-07 -- 33 Sunnyside Avenue -- Omid Shakeri
Page 3
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Parking On-Site: Provide on-site parking as required by the Munidpal
Code.
Soils Report: Provide an appropriate soils report prepared by a
registered Geotechnical or Civil Engineer.
Design of City Storm Drains: Design of improvement plans for storm
water conveyance shall be based on a 10-year storm frequency.
Registered Civil Engineer/Land Surveyor: Cause plans, specifications,
calculations, reports and designs for street improvements, grading and
drainage improvements and the Record Map to be prepared and sealed
by a Civil Engineer or Land Surveyor licensed in the State of California
and submitted to the City Engineer for approval.
Standard Specifications & Details:
Campbell Standard Specifications
Construction.
Comply with the current City of
and Details for Public Works
Subdivision and Land Development: Comply with Title 20 of the
Campbell Municipal Code concerning Subdivision and Land
Development.
Streets and Sidewalks: Comply with Title 11 of the Campbell
Municipal Code concerning Streets and Sidewalks.
Americans With Disabilities Act and California Disability Access
Regulations: Comply with the Americans With Disabilities Act and
the California Disability Access Regulations, whichever applies.
Right-of-Way Dedications: Provide right-of-way dedications for
Sunnyside Avenue to 30 feet from centerline.
Title Report: Furnish current Preliminary Title Report(s).
Record Title Interests and Easements: Comply with Section 66436 of
the Subdivision Map Act regarding existing record title interests of
others.
Reciprocal Ingress and Egress Easements: Provide reciprocal ingress
and egress easements for all lots as required by Title 20.
Planning Commission Resolution No. 2984
PM 95-07 -- 33 Sunnyside Avenue -- Omid Shakeri
Page 4
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Underground Utilities: Cause all electrical, telephone and cable
television facilities to be installed underground in accordance with the
provisions of Chapter 20.36.150 of the Municipal Code and as required
by the City Engineer,
Utility Construction Coordination in Public Right-of-Way: Submit a
Utility Coordination Plan and Schedule, for approval by the City
Engineer, for installation of electrical, telephone, cable television,
sewer, water and storm drain improvements to minimize damage to
City streets, sidewalks and related facilities.
Sanitary Sewer Service: Install a sanitary sewerage system to serve all
lots in conformance with the requirements of the West Valley
Sanitation District.
Water Service: Install a water distribution system to serve all lots in
conformance with the requirements of the San Jose Water Company.
Storm Drain Area Fee: Pay the then current storm drainage area fee
prior to issuance of the building permit. Current amount is $2,142 per
acre.
Park Impact Fees and Park Land Dedication: Dedicate land or pay fee
in lieu of dedication prior to recordation of the Final Map as
determined by the Community Development Director.
Security: Provide guarantees to design and construct all public
improvements by cash, bonds, letters of credit or other legal
instruments acceptable to the City Attorney.
Monumentation; Furnish the City with security guaranteeing the cost
of setting all monuments as shown on the Final Map.
Taxes and Assessments: Comply with Sections 66494 and 66493 of the
Subdivision Map regarding taxes and assessments.
Agreement: Complete and execute, to the satisfaction of the City
Attorney, the City of Campbell's Standard Agreement for construction
of public improvements.
Planning Commission Resolution No. 2984
PM 95-07 -- 33 Sunnyside Avenue -- Omid Shakeri
Pa§e 5
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Maintenance Agreement: Furnish an agreement, acceptable to the
City, prior to recording the Final Map, which shall provide for the on-
going financial responsibility of each lot created by the proposed Map
(upon their sale) to the Homeowners' Association for the maintenance
of public utilities and all other improvements within the common
easement areas. Said agreement to include a Consumer Price Index
factor (CPI) for fee adjustment and shall be incorporated into the
CC&R's for the project.
Development and Maintenance Documents: Submit the following
documents which demonstrate that the project will be developed and
maintained in accordance with the intent and purpose of the
approvals:
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Final Title Report.
Management and Maintenance Agreement to be entered into
with owners of the project units.
Covenants, Conditions and Restrictions (CC&R's).
The approved documents shall be recorded concurrently with the Final
Map.
Landscape Maintenance: Record a deed restriction in a form acceptable
to the City notifying future property owners of the parcels abutting
Sunnyside Avenue that, per Chapter 11.0-8.150 of the Campbell
Municipal Code, owners of private property shall be responsible for the
maintenance of street trees and shrubs in the parkway abutting such
private property.
Covenants, Condition and Restrictions: Submit Covenants,
Conditions and Restrictions (CC&R's) to the City Attorney for review,
which contain provisions for a Homeowners' Association to have an
unqualified right to assess owners to individual units for reasonable
maintenance of common areas and improvements.
Encroachment Permit: Obtain an encroachment permit, pay fees and
deposits, provide bonds and insurance certificates for all construction
with the public right-of-way.
Dust Control: Implement the requirements of the Bay Area
Management District including the following mitigation measures:
Planning Commission Resolution No. 2984
PM 95-07 -- 33 Sunnyside Avenue -- Omid Shakeri
Page 6
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Water all exposed or disturbed soil surfaces, as necessary to
control dust but not less than twice daily.
B. Consistently water areas of digging and grading operations.
Suspend grading or other dust producing activities during high
wind.
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Water or cover stock piles of soil debris, sand and other dust
producing material.
E. Sweep construction area and surrounding area daily.
35.
Completion Prior to Occupancy: Complete construction of all required
off-site and on-site improvements prior to occupancy of any structure.
36.
Tentative Map: This Tentative Map approval is valid for two (2) years.
A final map must be recorded concurrently with the issuance of
building permits within that two (2) year period.
PASSED AND ADOPTED this 27th day of June 1995, by the following roll call
vote:
AYES: Commissioner: Alne, Higgins, Kearns, Lindstrom, Lowe,
Perrine, Meyer-Kennedy
NOES: Commissioner: None
ABSENT: Commissioner: None
ABSTAIN: Commissioner: None
-Moy&-~Ke~f~edy,' Chair ~/'
ATT
Steve Piasecki, Secretary