CC Resolution 11394
RESOLUTION NO. 11394
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING A TENTATIVE PARCEL MAP (PLN2011-166)
TO SUBDIVIDE THE PROPERTY OWNED BY KIRKORIAN
ENTERPRISES, LLC, LOCATED AT 1075 FLORENCE WAY IN A P-D
(PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF
KIRKORIAN ENTERPRISES, LLC, FILE NO: PLN2011-166.
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 City Council finds as follows with regard to File No. PLN2011-166:
Environmental Findinq
1. The project qualifies as Categorically Exempt under Section 15332, Class 32, of the
California Environmental Quality Act (CEQA), pertaining to infill development and under
Section 15315, Class 15, pertaining to the division of property in urbanized areas into
four or fewer parcels.
Evidentiary Findinqs
1. The proposed Tentative Parcel Map will result in the creation of two lots were one lot is
currently located.
2. The proposed Tentative Parcel Map is consistent with the development standards of the
P-D zone district.
3. The proposal is consistent with all applicable requirements for a Tentative Parcel as
specified by Campbell Municipal Code Section 20.16.035, specific to developments
within the P-D zoning district.
4. Each new lot created has adequate access to a public right-of-way utilizing an existing
private ingress/egress easement allowable through development under P-D zoning.
5. 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 concern about
providing services to the lots, as conditioned.
Based upon the foregoing findings of fact, the City Council further finds and concludes that:
1. The proposed Tentative Parcel Map is consistent with the proposed General Plan and
Zoning Ordinance of the City.
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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 proposed development will aid in the harmonious development of the immediate
area.
4. There is a reasonable relationship between the use of the fees imposed upon the
project and the type of development project.
5. 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 City Council approves a Tentative Parcel
Map (PLN2010-166) for subdivision of the property owned by Kirkorian Enterprises,
LLC, located at 1075 Florence Way 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:
1. Approved Proiect: Approval is granted for a Tentative Parcel Map (PLN2011-167) to
subdivide the subject parcel into two lots in conjunction with a Zoning Change
(PLN2011-166), Planned Development Permit (PLN2011-168), and Parking
Modification Permit (PLN2012-69) on property located at 1075 Florence Way. The
Final Map shall substantially conform to the Tentative Parcel Map prepared by Sierra
West Land Surveying, Inc. and dated as received by the Planning Division on March
29,2012, 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. Recordation of a Final Map must occur within this two-
year period.
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3. Planned Development Permit: The Tentative Parcel Map is contingent upon the
Planned Development Permit (PLN2011-168). A Final Map may not be recorded if
the Planned Development Permit expires or is revoked by the City Council.
4. Reciprocal Inqress/Eoress Easement and Onqoino Maintenance: The applicant shall
prepare for review and approval by the City a reciprocal ingress/egress easement
and ongoing maintenance agreement to be recorded against the existing and
proposed parcels to ensure adequate vehicular and pedestrian access and ongoing
maintenance responsibilities.
5. Site Gradino: The applicant shall limit the amount of on-site grading to the minimum
necessary to achieve proper site drainage. An increase of on-site grading that
creates a grade differential between properties that requires a retaining wall in
excess of one foot is prohibited.
6. Pad Certification: Following site grading and prior to preparation of individual
building pad forms, the following improvements shall be certified by a licensed land
surveyor and reviewed by the Community Development Director to determine
consistency with the Planning Commission approved plan (grade, pad and
drainage).
7. Demolition of Structures: Prior to recordation of the Subdivision Map the applicant
shall obtain a building permit for the demolition of all non-conforming structures.
8. Property Maintenance: The property is to be maintained free of any combustible
trash, debris and weeds until the time that actual construction commences.
9. FenceslWalls: Any newly proposed fencing and/or walls shall comply with Section
21.18.060 of the Campbell Municipal Code and shall be submitted for review and
approval by the Community Development Department.
10. Compliance with Other Reoulations: The applicant shall comply with other state,
county, and city ordinances that pertain to the proposed project and where they are
conducted.
PUBLIC WORKS DEPARTMENT
11. 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 digital format acceptable to the City.
12. Preliminary Title Report: Upon submittal of the tract map, the applicant shall provide
a current (within the past 6 months) Preliminary Title Report.
13. Rioht-of-Wav for Public Street Purposes: Upon recordation of the parcel map, the
applicant shall fully complete the process to cause additional right-of-way to be
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granted in fee for public street purposes along the Sunnyoaks Avenue frontage to
accommodate 10 feet of right of way from face of curb to back of walk, unless
otherwise approved by the City Engineer. 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 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.
14. Public Service Easement: Upon recordation of the parcel map, the applicant shall
grant a five foot public service easement on private property contiguous with the
public right-of-way along the Sunnyoaks Avenue frontage, unless otherwise
approved by the City Engineer. 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.
15. Private Easements: Upon recordation of the parcel map, the applicant shall cause
private easements to be recorded for private utilities, private storm drains, reciprocal
ingress and egress, emergency vehicles, etc.
16. Demolition: Prior to recording of the parcel map, the applicant shall obtain a
Demolition Permit and remove any nonconforming structures.
17. 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.
18. 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.
19. Gradinq and Drainaqe 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.
20. Storm Drain Area Fee: Prior to recordation of the parcel map, the applicant shall
pay the required Storm Drain Area fee currently set at $2,650.00 per net acre, which
is $2,180.00.
21. Deferred Street Improvement Aqreement: 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 of existing
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PLN2011-166 -1075 Florence Way - Tentative Parcel Map
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driveway, related sidewalk and curb and gutter and installation of an ADA compliant
driveway, sidewalk, and curb and gutter, necessary drainage facilities and necessary
conforms to existing improvements.
22. Utilities: All new 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.
23. Underqround Street Frontaqe Utilities: All overhead utility lines along the project's
public street frontages shall be installed underground per Section 21.18.140 of the
Campbell Municipal Code. Applicant shall comply with all utility applications, plan
submittals, permitting, and fee requirements of the serving utility companies. In lieu
of immediate undergrounding of the public street frontage, the City Engineer may
allow the applicant to execute an agreement to participate in an underground utility
program, should the City establish such a program within the next seven years. The
owner shall post required security with the City to insure participation in the
underground utility program.
24. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and
sewer c1eanout(s) shall be relocated or installed on private property behind the
public right-of-way line.
25. Utilitv 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.
26. 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. Sunnyoaks Avenue has not been resurfaced during the last five 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.
27. Street Improvements: Prior to 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 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
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the City Engineer. The plans shall include the following, unless otherwise approved
by the City Engineer:
a. Show location of all existing utilities within the new and existing public right-of-
way.
b. Relocation of all existing facilities, including utility boxes, covers, poles, etc.
outside the sidewalk area. No utility boxes, covers, poles, etc. will be allowed in
the sidewalk area.
c. Installation of City approved street trees, tree wells, and irrigation.
d. Installation of City standard curb, gutter, sidewalk.
e. Installation of street lights, conduits, conductors, and related facilities in
accordance with the City of Campbell's Street Lighting Policies.
f. Installation of traffic controls, stripes, and signs.
g. Construction of conforms to existing public and private improvements as
necessary.
h. Submit final plans in a digital format acceptable to the City.
28. Maintenance of Landscaoinq: Current and future owner(s), 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.
29. Utilitv 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.
30.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 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.
31. 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
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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 vesting map, the applicant shall calculate and
submit t 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 parcel 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.
The applicant shall also comply with any other or new conditions as required by the
City of Campbell's most current NPDES permit.
City Council Resolution
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32. Occupancy and Buildinq 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.
PASSED AND ADOPTED this 1st
call vote:
day of May
, 2012, by the following roll
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Cristina, Baker, Waterman, Low, Kotowski
COUNCILMEMBERS: None
COUNCILMEMBERS: ,
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ATTEST: ~H-,-<-l
nne Bybee, City Clerk
Michael F. Kotowski, Mayor