CC Resolution 9284
RESOLUTION NO. 9284
BEING A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CAMPBELL GRANTING APPROVAL OF A
REINSTATEMENT AND MODIFICATION (M 96-12) TO A
PREVIOUSLY-APPROVED TENTATIVE SUBDIVISION MAP
(TS 94-01) TO ALLOW A FIVE-UNIT TOWNHOME PROJECT
ON PROPERTY LOCATED AT 80 DOT AVENUE IN A PD
(PLANNED DEVELOPMENT) ZONING DISTRICT.
APPLICATION OF MR. TED BORNS. FILE NO. M 96-12 (TS
94-01).
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 City Council did find as follows with
respect to application M 96-12 (TS 94-01).
1. The proposed density of 13.8 units per gross acre is consistent with the Medium Density
Residential (14-20 units per gross acre) designation shown on the Land Use Element of the
General Plan.
2. The proposed Tentative subdivision Map with the deletion of the common lot is consistent
with the Planned Development Permit (PD 90-06) previously approved and recommended
for this property.
Based on the foregoing findings of fact, the City Council further finds and concludes that:
1. The proposed subdivision is consistent with the General Plan.
2. The proposed subdivision improves 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 subdivision provides, to the feasible, for future passive and natural
heating and cooling opportunities and adequately addresses the access needs of the
proposed lots.
4. That a reinstatement of the Tentative Subdivision Map for this project for a period of one
year from City Council approval is consistent with previous extensions of approval granted
by the City Council.
City Council Resolution No. ~84
M 96-12 (TS 94-01) - 80 Dot Avenue - Ted Borns
Page 2
The applicant is hereby notified, as part of this application, that he/she is required to meet the
following conditions is in accordance with the ordinance of the City of Campbell and the State of
California. 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
APPROVED PROJECT
1. Tentative Map: This Tentative Map extension of approval is valid for one(l) year from
City Council approval. A final map must be recorded concurrently with the issuance of
building permits within that one (1) year period. Approval of the Final plans and conditions
necessary for said approval are not necessarily limited to the approved tentative map
conditions listed herein.
2. Public Utility Easement(P.D.E.) and Public Service Easement (P. S. E.): All area within
the distinctive border of the Modified Tentative Subdivision Map (MTSM) revised
10/9/96, shall be a PUE or PSE, as determined by the City Engineer, except for the area
under the building structures.
3. Monumentation Security: Prior to recording final map, applicant shall provide security
guaranteeing the cost of setting all monuments shown on the final map.
4. Water Meters and Sewer Cleanouts; Removal of existing water meter(s) and sewer
cleanout(s) from the public right-of-way to private property behind the right-of-way line.
5. Improvement Security: Applicant shall enter into standard subdivision agreement with
City and provide improvement security as determined by the Public Works Department.
6. Covenant. Conditions and Restrictions: Prior to the approval of the final map, Covenants,
Conditions and Restrictions (CC& R's), containing the provisions set forth in Section
20.16.035(G-H) of the Subdivision Ordinance, shall be filed with the Community
Development Director and recorded with the final map. The CC & R's shall contain
provisions noting the Planned Development Permit and conditions of approval. Also, the
CC & R's listed under this approval shall contain provisions for the formation of an
owners' association or its equivalent to ensure maintenance, repair and a mechanism for
addressing construction defects and warrants of common facilities such as driveways,
parking and landscaping. The CC&R's shall be subject to approval by the City Attorney.
7. Sewers: Installation of a sanitary sewerage system to serve all lots within the subdivision
in conformance with the proposed plans of the West Valley Sanitation District. Sanitary
sewerage service to be provided by said District.
C. C '1 R l' 9284
Ity ounCI eso utlOn No. _
M 96-12 (TS 94-01) - 80 Dot Avenue - Ted Borns
Page 3
8. Water Service: Installation of a water distribution system to serve all lots within the
subdivision in conformance with the plans of the San Jose Water Works. Water service to
be provided by said water company. Fire hydrants and appurtenances shall be provided
and installed at the locations specified by the Fire Chief, Central Fire District.
9. Subdivision Map Act: Compliance with the provisions of Title 20, Subdivisions of the
Campbell Municipal Code.
10. Storm Drain Area Fee: Prior to issuance of any grading, drainage or building permits for
the site, the applicant shall pay the current storm drain area fee of$2,250 per acre or $659.
11. Title Report: Subdivider to furnish copy of Preliminary Title Report.
12. Standard Street Improvements: Prior to issuance of any building permits for site, the
applicant shall cause plans for public improvements to be prepared by a registered civil
engineer, pay fees, post securities and provide insurance necessary to obtain an
encroachment permit for construction of the improvements, as required by the City
Engineer. The plans shall include the following:
. Removal of two existing driveway approaches and adjacent sidewalk as necessary.
· Two new standard driveway approaches and related sidewalk as necessary.
. New street trees at 40' on center and irrigation system.
. Surface water runoff conveyance conduit from the on-site grate near the right-of-way
line under the sidewalk to the curb and gutter.
. Utility services, installed by jack and bore method, within the public right-of-way.
13. Grading and Drainage Plan: Prior to issuance of any grading, drainage or building permits
for the site, the applicant shall conduct hydrology studies, as necessary, prepare an
engineered grading and drainage plan, and pay fees required to obtain necessary grading
permits. The plans shall comply with the 1994 edition of the UBC including Chapters 18,
33 and Appendix Chapter 33.
14. Encroachment Permit: Obtain an encroachment permit and pay fees and deposit for all
work in the public right-of-way.
15. Final Map: Process and file a final subdivision map.
16. Private Street Name: Applicant shall submit required application for private street name
designation if Dot Avenue addresses are not used.
City Council Resolution No. ~4
M 96-12 (TS 94-01) - 80 Dot Avenue - Ted Borns
Page 4
17. Park Dedication: Applicant to pay a fee in lieu of dedicating park land which will be
assessed at the time of final map approval. The proposed map allows the creation of four
new lots.
18. Soils Report: Provide a soils report prepared by a registered Geotechnical or Civil
Engineer.
19. Storm Water Management: Comply with California Storm Water Best Management
Practices Handbook, prepared by the Storm Water Quality Task Force, Santa Clara Valley
Water District.
20. Underground Utilities: All new on-line 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 company.
Applicant shall submit a Utility Coordination Plan and Schedule for approval by the City
Engineer for installation of all utilities. The Plan shall minimize the dame to all public
facilties.
PASSED AND ADOPTED this 16th day of September
vote:
, 1997, by the following roll call
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Dougherty, Watson, Furtado, Conant
None
Dean
None
APPROVE~()~
Barbara D. Conant, Mayor
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