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PD-TS-ZC-GP - 2006CITY of CAMPBELL Community Development Department April 26, 2010 DBI Construction Nick Gera 100 S. Murphy Avenue Ste. 102 Sunnyvale, CA 94086 RE: George Court In-Lieu Fees In Place of BMR Moderate Income Unit Requirement Dear Nick: On April 20, 2010, the Campbell City Council approved the acceptance of in-lieu fees in place of providing a below market rate moderate income unit at 154 & 160 S. First Street. The calculation of the fees is based on City's Inclusionary Ordinance of 1,965 square feet X $33.50 per square feet. The total amount is $65,828. However, we have given you a $575 credit for the extra inspection you had to pay out of pocket for the very low income BMR unit. Your total in-lieu fee owed to the City of Campbell is 65 253. Please plan on making that payment prior to the next George Court unit being finaled by the Building Department. If you have any questions, please feel free to call me at (408)866-2137. Thank you, for working with the City of Campbell and cooperatively providing the one very low income unit and paying in-lieu fees for the other required unit. The design of your George Court development is a positive addition to our housing stock. Sincerely, Sharon Teeter Housing Coordinator cc: George Court Planning file Campbell Redevelopment Report Item: Category: Meeting Date: 2. New Business April 20, 2010 TITLE: To Accept In-lieu Fees In the Amount of $65,253 In Place of Providing A Below Market Rate Moderate Income Unit at 154 & 160 S. First Street, a 15 Lot Residential Development (Resolution/Roll Call) RECOMMENDATION That the Redevelopment Agency Board adopt a resolution approving the payment of $65,253 in-lieu fees in place of providing a below market rate moderate income unit at 154 & 160 S. First Street, a 15 lot residential development. BACKGROUND George Court (located south of the parking garage off S. First Street) is a 15 small-lot single family residential development approved in 2007. The homes and streets are complete and sales of the units have begun. Because the development is in the Project Area a requirement was placed on the developer to provide 15% of the units at below market rate prices (one very low income unit, one moderate income unit). The developer has sold the very low income unit for $152,962. At the current median income levels in Santa Clara County, the moderate income unit is priced at $538,000. The City of Campbell and the developer tried repeatedly to sell the home at the restricted price, but no buyers were found. This is a function of the poor housing market and the fact that the Santa Clara County median house price is above $450,000. DISCUSSION The very low income home sold for $156,962. Four of the market rate homes have sold for approximately $740,000 each. This means that the developer subsidized the very low income home in the amount of $583,000 ($740,000 - $156,962 = $583,000). Given that the developer has not been able to self the moderate income unit, staff evaluated two different options to consider: 1. Eliminate the requirement for the moderate income unit and require a low income unit. The Agency could subsidize the developer the difference between a moderate income unit and a low income unit Moderate Income Priced Unit $538,000 One low Income Priced Unit 310,372 Agency Subsidy $227,313 Staff does not recommend paying that high of a subsidy for one unit. Redevelopment Agency Report George Court In-lieu Fee April 20, 2010 Page 2 of 2 2. A second option is to eliminate the moderate income unit and require the developer to pay an in- lieu fee which would go into the Agency's affordable housing fund to assist in the development of other below market rate units in other projects. The total in-lieu fee is $65,828 (1,965 sq. ft. X $33.50 sq. ft.). This calculation is taken from the in-lieu formula used in the City's Inclusionary Ordinance. Given the large subsidy on the part of the developer for the very low income unit ($583,000), staff is recommending Option 2, allowing the developer to pay in-lieu fees. Since the economic downturn, there has been only one other development in which the Agency relieved the developer of his 15% responsibility in providing below market rate units. The other development was Sonata Place. The original requirement was for one very low income unit and two moderate income units. The Agency Board allowed the developer to provide a total of two low units and subsidized the developer with $133,500 for each of the two low income units. The City Council Housing Subcommittee (Baker & Furtado) reviewed this item on April 6th and concurs with staff's recommendation. FISCAL IMPACT There is a positive fiscal impact into the Agency's affordable housing fund in the amount of $65,253 from the in-lieu fees. Prepared by: '"-' /~~^-~ Sharon Teeter, Housing Coordinator Reviewed by: Ki inrich ,Community Development Director A roved b ~=-- ~~~ f~.;~`"`~' pp Y• Daniel Rich, City Manager Attachments: 1 -Resolution RESOLUTION NO. A RESOLUTION OF THE CAMPBELL REDEVELOPMENT AGENCY BOARD TO ACCEPT IN-LIEU FEES IN THE AMOUNT OF $65,253 FROM THE DEVELOPER OF GEORGE COURT INSTEAD OF REQUIRING ONE MODERATE INCOME UNIT WHEREAS, the Redevelopment Agency is statutorily required to ensure 15% of all residential units in the redevelopment project area are available to very low and moderate income persons, and WHEREAS, the City of Campbell approved in 2007 a development of 15 small-lot single family homes in the Central Campbell Redevelopment Project Area at a time when economic conditions have impacted developers ability to sell units; and WHEREAS, a condition of approval on the project included providing an affordable housing component including one very low income unit and one moderate income unit without subsidy to the satisfaction of the Redevelopment Agency; and WHEREAS, the very low income unit has been purchased and no buyers have been identified for the moderate income unit which is priced above the median sales price in the County; and WHEREAS, the Agency acknowledges the extraordinary times of a deep recession and crippling housing market and that continuing to impose the sale of the moderate income unit on the developer would be a hardship; and WHEREAS, the Agency can accept in-lieu fees as opposed to requiring below market rate units. NOW, THEREFORE, BE IT RESOLVED, that the City of Campbell Redevelopment Agency Board approves in-lieu fees in the amount of $65,253 from the developer in exchange for the moderate income unit. PASSED AND ADOPTED this 20th day of April, 2010 by the following roll call vote AYES: Agency Boardmembers: NOES: Agency Boardmembers: ABSTAIN: Agency Boardmembers: APPROVED: Evan D. Low, Agency Chairperson ATTEST: Anne Bybee, Agency Secretary CITY of CAMPBELL Community Development Department November 19, 2007 Ms. Anita Blumenthal Subdivision Consulting 3883 Corina Way Palo Alto, CA 94303 RE: Flood Zone Information -First Street Estates 154 & 160 S. First Street (George Court ) Dear Ms. Blumenthal: In response to your request of November 14, 2007, please be advised of the following: The subject subdivision is located in Zone "C" (area of minimal flooding) of the Federal Emergency Management Agency Flood Insurance Rate Map, Community Panel No. 060338 0005 C, dated December 7, 1982. If you should have any questions regarding this information, please do not hesitate to contact me at 408 866-2144 or via e-mail at timh(c~cityofcampbell.com. Sincerely Tim J. Haley Associate Planner cc: Jackie Young Lind, Acting Community Development Director Mr. Nick Gera, DBI Construction, Inc.,100 S. Murphy Street, Sunnyvale, CA 94086 J:\Correspondence\154-160 S. First St. Flood Information.doc Anita Blumenthal Subdivision Consulting 3883 Corina Way Palo Alto, CA 94303 Phone (650) 508-1515/Fax (650) 857-0836 subdivisions@earthllnk.net November 14, 2007 City of Campbell Public Works Department 70 N. First Street Campbell, CA 95008 RE: "First Street Estates" Subdivision, 15 lots located at 165-160 South First Street, Campbell To whom it may concern: The subdivider of the above referenced subdivision is preparing to file an Application for Public Report with the Department of Real Estate. It is required that a statement from your office be submitted concerning the flood and drainage conditions affecting this site. The State asks that it be identified if there are any unusual flood conditions that affect suitability of the project, or if there are any unusual costs to purchasers as a result thereof. Does the project lie within the flood hazard boundaries of the National Flood Insurance Administration? May we ask that you prepare a statement on your letterhead addressing this matter. Please send the statement to the undersigned at the address shown below. If you should have any questions, please do not hesitate to call. Thank you in advance for your assistance and cooperation. Sincerely, Anita Blumenthal Subdivision Consultant alb CITY of CAMPBELL Community Development Department September 13, 2007 Mr. Nick Gera DBI Construction, Inc. 100 S. Murphy Street Sunnyvale, CA 94086 RE: Landscape Plans 154 & 160 S. First Street (George Court ) Dear Mr. Gera: The Community Development Director has reviewed and approved the landscape plans for the referenced project. A copy of the approved plan is enclosed. Please note that decorative paving will not be permitted within the driveway approach area shown along First Street in the public right-of--way. If you should have any questions regarding these comments, please do not hesitate to contact me at 408 866-2144 or via e-mail at timh(a~cityofcampbell.com. Sincerely Tim J. Haley Associate Planner Enclosed: Approved Plan CC: Russell Stringham, Stringham Associates, 242 DeLaveaga Park Drive, Santa Cruz, CA 95065 Ed Arango, Associate Engineer Jackie Young Lind, Acting Community Development Director J:\Corcespondence\154-160 S. First St. Landscape Plan.doc CITY of CAMPBELL Community Development Department August 23, 2007 Mr. Nick Gera DBI Construction, Inc. 100 S. Murphy Street Sunnyvale, CA 94086 RE: Landscape Plans 154 & 160 S. First Street (George Court ) Dear Mr. Gera: The Community Development Director has reviewed the landscape plan for the referenced project in light of the following condition: Landscape Plan: The applicant shall submit four sets of a final landscape and irrigation plan to the Planning Division, prior to the issuance of building permits, for review and approval by the Community Development Director. The landscape and irrigation plan shall substantially conform with the approved conceptual landscape plan and the City's Water Efficient Landscaping Standards (WELS) and shall include the following changes: a. All new trees shall be twenty-four inch box sizes. b. Screening type of trees shall be installed in private yard areas to buffer adjacent residential uses. C. Climbing vines shall be installed on both sides of the sound wall with a minimum spacing of 15 feet on center. d. The applicant shall provide decorative pavement (e.g. pavers or stamped concrete) within common driveway areas. The design, materials and color to be used for the decorative pavement shall be reviewed and approved by the Community Development Director. Based upon this review the following revisions are recommended. 1. The Landscape Plan does not depict the park strip or street trees along the street frontage as required in the street improvement plan. Please incorporate street improvement plans into the landscape design. 2. The Chinese Pistache trees proposed between units 9 & 10, 11 & 12, 13 & 14, and 4 & 5 will not have space to reach maturity. Please select an alternative tree variety such as Japanese Maple, Flowering Magnolia or alternative. 3. Screening type of trees shall be installed in private yard areas to buffer adjacent residential uses. Please show screening trees. 4. The applicant shall provide decorative pavement (e.g. pavers or stamped concrete) within common driveway areas. The design, materials and color to be used for the 154 & 160 S. First Street -Landscape Plan page 2 decorative pavement shall be reviewed and approved by the Community Development Director. 5. Please provide a more traditional landscape design for Unit 1 that is typical of the other residences along First St. It is recommended that a arbor or decorative fence element be introduced into the desigr_. If you should have any questions regarding these comments, please do not hesitate to contact me at 408 866-2144 or via e-mail at timhnct o~fcampbell.com. Sincerely Tim J. Haley Associate Planner CC: Russell Stringham, Stringham Associates, 242 DeLaveaga Park Drive, Santa Cruz, CA 95065 Jackie Young Lind, Acting Community Development Director J:\Correspondence\154-160 S. First St. Landscape Plan.doc Off.. C ~ ~• af'~ f V c- J CITY of CAMPBELL Community Development Department May 14, 2007 Mr. Nick Gera DBI Construction 331 Tisch Way, Unit 310 San Jose, CA 95128 Re: Building Permit No: BLD2007- 479-493 102-121 George Court Dear Mr. Gera, The Planning Division has reviewed your building permit submittal for development of 15 single-family homes at the above referenced address. The Building Division was reviewed based upon your Tentative Subdivision Map and Planned Development Permit approvals. The following conditions need to be addressed prior to the provision of a clearance to the Building Division: 1. Tentative Subdivision Map: The Planned Development Permit approval is contingent upon recordation of the Final Subdivision Map to divide the subject property. The Final Subdivision Map shall be recorded prior to the issuance of building permits. 2. Covenants, Codes and Restrictions: The applicant shall submit a draft copy of the Covenants, Conditions and Restrictions (CC&R's) to the Planning Division for approval by the Community Development Director and City Attorney, prior to the recordation of the Final Subdivision Map, which provide for: a. Formation of a Homeowner's Association to ensure the long-term maintenance of shared driveway(s), front yard landscaping and fencing. b. Continued architectural controls to ensure the architectural integrity of the project. c. Definition of common landscape areas and sound wall to be maintained and provision of maintenance for these areas. 70 North First Street ~ Campbell, California 9500fi-146 ~ "rFL 408.866.2140 ~ Fax X08.871.5140 ~ T'DD 408.866.2790 Plan Check BLD 200?-479-493 102-121 George Ct. Page 2 d. A funding mechanism to ensure maintenance and upkeep of common landscape areas and shared access facilities. e. On-going maintenance of the front yard and common landscape areas for the project. f. Requirement for the availability of garage space for the parking of vehicles at ali times. g. A prohibition on the use of parking spaces for storage purposes, including boats, trailers, and recreational vehicles. 3. Landscape Plan: The applicant shall submit four sets of a final landscape and irrigation plan to the Planning Division, prior to the issuance of building permits, for review and approval by the Community Development Director. The landscape and irrigation plan shall substantially conform with the approved conceptual landscape plan and the City's Water Efficient Landscaping Standards (WELS) and shall include the following changes: a. All new trees shall be twenty-four inch box sizes. b. Screening type of trees shall be installed in private yard areas to buffer adjacent residential uses. c. Climbing vines shall be installed on both sides of the sound wall with a minimum spacing of 15 feet on center. d. The applicant shall provide decorative pavement (e.g. pavers or stamped concrete) within common driveway areas. The design, materials and color to be used for the decorative pavement shall be reviewed and approved by the Community Development Director. 4. Building Elevations, Details and Colors: The applicant shall submit detailed building elevations and exhibits depicting architectural details. Detailed elevations and exhibits shall be reviewed by and approved by the Community Development Director prior to the issuance of building permits. Project details include, but are not limited to, the following: a. Specifications for the colors and materials of the building and architecturai details. b. Window schedules for high quality windows and window treatments. Plan Check BLD 2007-479-493 102-121 George Ct. Page 3 c. Provision for upgraded sound attenuation windows consistent with a minimum Sound Transmission Class (STC) rating of 30 for all second floor living spaces within 100 ft. of the railroad property line and with direct or side view to the railroad consistent with the recommendations of the acoustical analysis. d. Details of porches and garage doors. 5. Parking and Driveways: All parking and driveway areas shall be developed in compliance with Chapter 21.28 of the Campbell Municipal Code and the approved project plans. 6. Fences and Walls: Any newly proposed fencing and/or walls shall comply with Section 21.18.050 of the Campbell Municipal Code and the approved site plan and shall be reviewed and approved by the Community Development Director prior to issuance of any building permits for the project. The fencing and wall plan shall include the following: a. Details of the 10 foot high sound wall shall incorporate planting wells for climbing vines, locations, and construct types consistent with the acoustical analysis prepared by Edward Pack & Associates, Inc. dated July 26, 2006; b. Details of wood fencing through the development; and c. Detail of the entry pillar at the common driveway. (Note: This approval does not include a sign approval. Any proposed sign(s) require separate review and approval.) 7. Utility Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to issuance of building permits of PG&E transformers and San Jose Water Company back-flow preventers, indicating the location of the facilities and screening (if the facilities are above ground) for approval by the Community Development Director. A utility plan shall be submitted for review and approval of the Community Development Director, prior to the issuance of Building Permits. 8. Contractor Contact Information Posting: The project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street prior to the issuance of grading or building permits. Plan Check BLD 2007-479-493 102-121 George Ct. Page 4 9. Park Impact Fee: A park impact fee, based on a density range of six to thirteen units per gross acre, is due upon development of the site. Credit shall be given for any legally existing residential to be demolished. 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. l0. On-site lighting: On-site lighting shall be shielded away from adjacent properties and directed on site. The design and type of lighting fixtures, placement and lighting intensity of any proposed exterior lighting for the project shall be reviewed and approved by the Community Development Director prior to issuance of any building permits for the project. Lighting fixtures shall be of a decorative design and shall be compatible with the development and shall incorporate energy saving features. Low-intensity, downward-directed lighting shall be used in all outdoor areas within the project site. 11. Noise Mitigation/Project: The following specifications shall be followed: (MM NOISE-1) a. Exterior noise levels above the City of Campbell Noise Element's limit of 60 dB DNL shall be mitigated with the construction of an 8 ft. high acoustically-effective barrier. This barrier shall extend along the property line contiguous with the railroad tracks along the south property line for a distance of 38 feet. Additionally, the barrier shall extend along the north property line to terminate at 100 feet from the railroad property line. b. Interior noise levels above the City of Campbell Noise Element's limit shall be mitigated through the installation of window c. Interior noise levels above the City of Campbell Noise Element's Limit shall be mitigated through the installation of window rated minimum Sound Transmissions Class (STC) 30. All second floor windows of living spaces within 100 ft. of the railroad property line and with a direct or side view of the railroad shall be closed at all times. Mechanical ventilation for these spaces shall be rewired. d. Ground-Borne Vibration levels shall be mitigated with a minimum of 1 ft. wide and 9 ft deep trench that is contiguous with the railroad property line. The trench shall be extended the entire length of the site and will turn along the south property line to terminate at 20 ft. from the east property Plan Check BLD 2007-479-493 102-121 George Ct. 5 e. line. Additionally, the trench will turn to continue along the north property line to terminate at 20 ft. from the east property line. The trench will be filled with "railroad ballast" gravel. No noise barrier footings shall be placed within the trench unless a minimum of a 1 ft. wide gravel filled trench surrounds the footing. The trench depth is in reference to the nearest building pad elevation. f. Where closed windows are required, unshielded, entry doors having a direct or side orientation toward the primary noise source must be 1-5/8" or 1-3/4" thick, insulated metal or solid-core wood construction with effective weather seals around the full perimeter. Mail slots should not be used in these doors or in the wall of a living space, as a significant noise leakage can occur through them. g. Where closed windows are required, any penetrations in the building shell are required for vents, piping, conduit, etc., sound leakage around these penetrations shall be controlled by sealing all cracks and clearance spaces with anon-hardening calking compound. h. Fireplaces shall be provided with tight-fitting dampers. 12. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. Sincerel ~'~ I "'""~ l'~ Tim J. Haley Associate Planner cc: Giuliani & Kull, 44880 Stevens Creek Blvd., Suite 205, San Jose, CA 95129 Daryl Fazekas, 80 W. Main Street, Los Gatos, CA 95030 Frank Mills, Senior Building Inspector Jackie Young Lind, Acting Community Development Director of ~ cA,~p ~~ 6~ r V r 0 0 f ~~ •oR~„~a~• City of Campbell --Community Development Department 70 N. First Street, Campbell, CA 95008 MEMORANDUM To: Communications Supervisor Date: April 9, 2007 From: Tim Haley, Associate Planner Subject: Private Street Name 154 & 160 S. First Street We have received a request to name the private driveway for the residential project at 154 & 160 S. First Street as George Court. This private driveway will access fifteen new single- family homes. The Community Development Director may approve private street names after consultation with appropriate safety and communications personnel as provide in the City Council Policy Manual. The applicant is proposing to redevelop a 1.36 acre site that is comprised of two parcels with a 15 unit small lot single family development. The project site is located just south of the First Street Parking garage. Please review the proposed name with appropriate safety and communications personnel and advise the Community Development Director by April 16, 2007 of its acceptability. Encl: Reduced Site Plan cc: Bill Bruckart, Building Official Jackie Young Lind, Acting Community Development Director Ed Arango, Land Development Engineer MEMORANDUM OF ~ CgMn ~~~ e~ rf `~ Community Development Department °~~ H ~ R° ~ Planning Division To: Bill Bruckart, Building Official Date: March 26, 2010 From: Daniel Fama, Assistant Planner ~~ Subject: George Ct. 'As-Built' Elevation Drawings File No.: BLD2007-00479 - BLD2007-00493 Address: 102-121 George Ct. The Planning Division has reviewed the above referenced 'As-Built' elevation drawings for 15 single-family homes of the George Ct. development project. These drawings accurately represent existing conditions of these structures and are approved by the Planning Division. Please archive these drawings into the Building Division Laserfiche file for this project. Pursuant to approval of these drawings, the Planning Division will now issue a Planning Final for this project. cc: Paul Kermoyan, Planning Manager File No.: PLN2006-67 70 North First Street • Campbell, CA 95008-1423 • TeL (408) 866-2140 • Fnx (408) 866-5140 • E-MAtt,planning@cityofcampbell.eom ~~ c~~A ~ ~ "' r U ~.. :. :. m, OkCH ARn CITY of CAMPBELL Community Development Department March 26, 2010 Nick Gera DBI Construction, Inc. 100 S. Murphy Street Sunnyvale, CA 94086 Re: File No: BLD2007-00479 - BLD2007-00493 Address: 102-121 George Ct. Subject: George Ct. 'As-Built' Elevation Drawings Dear Mr. Gera, As discussed previously, during inspection of this project for Planning Final, it was discovered that the new homes did not conform to approved plans. Discrepancies included incorrect colors, veneer materials, and architectural details as well as misplaced doors and windows. Due to the unobtrusive location of this project and the nature of these discrepancies, the Planning Division will accept the structures, as constructed, to be in substantial conformance with the project approval. However, as requested, you submitted 'As-Built' elevation drawings for these structures. These drawings were requested to ensure a true and accurate building permit record for this development. The Planning Division has reviewed these 'As-Built' elevation drawings. The drawings accurately represent existing conditions of these structures and are approved by the Planning Division. The drawings will be archived into the Building Division Laserfiche system for future reference. Pursuant to approval of these drawings, the Planning Division will now issue a Planning Final for this project. Should you have any questions, please do not hesitate to contact me at (408) 866-2193 or by email at danielf(a~cityofcampbell.corri. Sinc ly, `~ f ~-----v -------- Daniel Fama Assistant Planner cc: Kirk Heinrichs, Community Development Director Paul Kermoyan, Planning Manager Bill Bruckart, Building Official File No.: PLN2006-67 70 North First Street • Campbell, California 95008-1423 • TEL 408.866.2140 • FAx 408.87(.5140 • TDD 408.866.2790 of ' cAMp ~~ o~ r u r 0 0 f `~ '~R~„~.~' City of Campbell -- Community Development Department 70 N. First Street, Campbell, CA 95008 MEMORANDUM To: Ed Arango, Associate Engineer Date: March 26, 2007 From: Tim J. Haley, Associate Planner Subject: Final Map & Park Fees -154 S. First St. In response to the your referral, the Planning Department has the following comments regarding the recordation of a tract map and the approval of the grading and drainage plan for the subdivision proposed on the subject property: 1. Comments on final map -None 2. Comments on grading plan -None Final Map: Payment of a park dedication fee as follows: Park Impact Fee: A park impact fee, based on a density range of 6-13 units per gross acre, is due upon development of the site. Credit shall be given for any legally existing residential to be demolished. 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. 15 x $9,415 =$141,225 $141,225 x .75 = $105,918.75 due at final map $141,225 x .25 = $35,306.25 due at building occupancy Provide copy of C, C & R's: Covenants, Codes and Restrictions: The applicant shall submit a draft copy of the Covenants, Conditions and Restrictions (CC&R's) to the Planning Division for approval by the Community Development Director and City Attorney, prior to the recordation of the Final Subdivision Map, which provide for: a. Formation of a Homeowner's Association to ensure the long-term maintenance of shared driveway(s), front yard landscaping and fencing. ~F~~AMn ,~~ p e~ ~ ;'~~ x,~ - `;_:-_ . ti ~ ~.~,. f ~, •~RCH AR~• CITY of CAMPBELL City Clerk's Office February 28, 2007 Mr. Nick Gera 100 S. Murphy Avenue, #102 Sunnyvale, CA 94086 Dear Mr. Gera: At the regular meeting of January 16, 2007 the Campbell City Council took action to adopt Resolutions approving a Mitigated Negative Declaration for the 154 and 160 S. First Street Project and approving a Tentative Subdivision Map (PLN 2006-66) to create 15 residential lots and one common lot on property located at 154 and 160 S. First Street. The City Clerk's Office has recently discovered that both these Resolutions were inadvertently mis-numbered. The error has now been corrected. Please find enclosed certified copy of Resolution No. 10726 approving the Mitigated Negative Declaration and Resolution 10727 approving the Tentative Subdivision Map for your project. Please destroy the Resolutions mailed to you on January 22, 2007 as they are no longer valid, and replace them with the enclosed Resolution No. 10726 and 10727. Please accept the City Clerk's Office's apologies for any inconvenience our error might have caused you. Should you have any questions, please do you hesitate to contact our office at 866-2117. Sincerely, Anne Bybee City Clerk Attachment: cc. Daryl Fazekas, 80 W. Main Street, Los Gatos, CA 95030 Judie Gilli, Metropolitan Planning Group. 400 W. Evelyn Ave., Sunnyvale, CA 94086 Tim Haley, Associate Planner, CDD 70 North First Street ~ Campbell, California 95008-1436 TEL. 408.866.21 17 Fnx 408.374.6889 ~ TDD 408.866.2790 RESOLUTION NO. io~26 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A MITIGATED NEGATIVE DECLARATION FOR THE 154 & 160 S. FIRST STREET PROJECT. FILE NO. PLN2006-67. After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the City Council did determine that the adoption of a Mitigated Negative Declaration is warranted. The City Council finds as follows with regard to the Mitigated Negative Declaration: 1. An Initial Study has been prepared for this Project, which provides documentation for the factual basis for concluding that a Mitigated Negative Declaration may be adopted since no substantial evidence exists, in light of the whole record, that the project may have a significant effect on the environment. The project consists of the development of fifteen detached small lot single-family residences, and related circulation and landscaping improvements. 2. A Trip Generation Analysis was prepared to evaluate the potential traffic impacts of the project and found that the proposed project will not cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system. Given the minor number of projected trips, the project will not exceed, either individually or cumulatively, a level of service standard established by the Congestion Management Program for designated roads or highways. 3. A Mitigated Negative Declaration that describes the reasons that the Fifteen Unit Housing Project will not have a significant effect on the environment and therefore does not require the preparation of an Environmental Impact Report was prepared pursuant to Section 15071 of the California Environmental Quality Act Guidelines. 4. There are no responsible agencies or trustee agencies responsible for resources affected by this project. 5. The City of Campbell provided a Notice of Intent to adopt a Mitigated Negative Declaration to the public via the Campbell Express and the County Clerk. 6. The City of Campbell provided a 20-day public review period of the Mitigated Negative Declaration pursuant to Section 15073 of the California Environmental Quality Act Guidelines. The 20-day public review period for the draft Mitigated Negative Declaration was between October 12, 2006 and October 31, 2006. No comments were received. RESOLUTION NO. lo~a~. BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A TENTATIVE SUBDIVISION MAP (PLN2006-66) TO CREATE 15 RESIDENTIAL LOTS AND ONE COMMON LOT ON PROPERTY OWNED BY MR. NICK GERA LOCATED AT 154 & 160 S. FIRST STREET IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. NICK GERA. FILE NO: PLN2006-66. 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. PLN2006-66: 1. The proposed creation of 15 lots at a density of 10.6 units per gross acre is consistent with the Low-Medium Density Residential (6-13 units per gross acre) General Plan land use designation for the property. 2. The proposed Tentative Subdivision 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 driveway, architectural integrity and common landscaping areas. 4. The Tentative 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 any concerns about providing services to the proposed lots. 5. The proposed project, to the extent feasible, includes provisions for access to natural air and light for all of the units. 6. The provisions of the Covenants, Conditions and Restrictions are necessary to ensure the long-term property maintenance and continued architectural integrity of the 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 upon the foregoing findings of fact, the City Council further finds and concludes that: City Council Resolution PLN2006-66 - 154 & 160 S. First Street -Tentative Subdivision Map Page 2 1. The proposed Tentative Subdivision Map is consistent with the General Plan and Zoning Ordinance of the City. 2. The proposed Tentative 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 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 City Council approves a Tentative Subdivision Map (PLN2006-66) to allow the creation of 15 residential lots and one common lot on property owned by Mr. Nick Gera located at 154 & 160 S. First Street 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 Project: Approval for a Tentative Subdivision Map to create 15 residential lots and a common lot on properties located at 154 & 160 S. First Street. The site design and subdivision design shall substantially conform to the project exhibits listed below, except as may be modified by the conditions of approval herein: City Council Resolution PLN2006-66 - 154 & 160 S. First Street -Tentative Subdivision Map Page 3 a. Tentative Subdivision Map prepared by Mark Helton, Giuliani & Kull, Inc., dated July 31, 2006. b. The Public Works Department and Community Development Director shall clarify that the setback between the structures and the property lines are a minimum of three feet. 2. Approval Expiration: The Tentative Subdivision Map approval is valid for a period of two years from the date of final approval, unless an extension is granted prior to the expiration date. 3. Planned Development Permit Approval: Valid approval is contingent upon recordation of the Final Subdivision Map to divide the subject property. The Final Subdivision Map shall be recorded prior to the issuance of building permits. 4. Covenants, Codes and Restrictions: The applicant shall submit a draft copy of the Covenants, Conditions and Restrictions (CC&R's) to the Planning Division for approval by the Community Development Director and City Attorney, prior to the recordation of the Final Subdivision Map, which provide for: a. Formation of a Homeowner's Association to ensure the long-term maintenance of landscaping, fences, sound walls and driveways. b. Continued architectural controls to ensure the architectural integrity of the project. c. Definition of common landscape and driveway areas to be maintained and provisions for maintenance of these areas. d. A funding mechanism to ensure maintenance and upkeep of common landscape and shared driveway(s). e. On-going maintenance of the required front yard landscaping for the project. f. Requirement for the availability of garage space for the parking of vehicles at all times. g. A prohibition on the use of parking spaces for storage purposes, including boats, trailers, and recreational vehicles. PUBLIC WORKS 5. 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. City Council Resolution PLN2006-66 - 154 & 160 S. First Street -Tentative Subdivision Map Page 4 6. Preliminary Title Report: Upon submittal of the final map, the applicant shall provide the Public Works Department with a current (within the past 6 months) Preliminary Title Report. 7. 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 S. First Street frontage to accommodate 10 feet of right-of-way from curb face 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 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. 8. Public Service Easement: Upon recordation of the final map, the applicant shall grant a 5 foot public service easement on private property along the S. First Street frontage. Further, the applicant shall grant a 15 foot public service easement on private property along the northerly property line adjacent to the City parking structure. 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. 9. 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. 10. 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. 11. 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: a. Show location of all existing utilities within the new and existing public right of way. b. 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. c. Removal of existing driveway approaches, sidewalk, curb and gutter. d. Installation of City approved street trees at 20 feet on center, including sod and irrigation. City Council Resolution PLN2006-66 - 154 & 160 S. First Street -Tentative Subdivision Map Page 5 e. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway approach. f. Installation of asphalt concrete overlay per street pavement restoration plan for utility installation and/or abandonment, as required by the City Engineer. g. Installation of streetlights, conduits, conductors and related facilities in accordance with the City of Campbell's Street Lighting Policies. h. Installation of traffic control, stripes and signs. i. Construction of conforms to existing public and private improvements, as necessary. 12.Additional Street Improvements: Should any new utility main lines or other work required to service the development affect any public improvements, the City may add conditions to the development/project, at the discretion of the City Engineer, to restore pavement or other public improvements to the satisfaction of the City. 13.Occupancy: Prior to allowing occupancy 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. 14. 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. 15. 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. 16. 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. 17. 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. 18. 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. City Council Resolution PLN2006-66 - 154 & 160 S. First Street -Tentative Subdivision Map Page 6 19. In-Lieu Utility Undergrounding Fee: Owner/developer shall enter into an agreement with the City that would require payment of an in-lieu utility undergrounding fee, should the City establish such a fee within the next 7 years. 20. 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. 21. 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. S. First Street has not 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 necessary for the project. 22. 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. 23. Storm Drain Area Fee: Prior to recordation of the final map, the applicant shall pay the required Storm Drain Area fee, currently set at $2,385 per net acre. 24. 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 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 City Council Resolution PLN2006-66 - 154 & 160 S. First Street -Tentative Subdivision Map Page 7 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 fo Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. a. Upon submission of the tentative parcel 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. b. Prior to issuance of grading or building permits 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. c. The applicant shall also comply with any other or new conditions as required by the City of Campbell's most current NPDES permit. Prior to occupancy, 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: a. The stormwater management facilities were constructed in compliance with the approved plans. b. The as-built drawings show all pertinent constructed dimensions, elevations, shapes, and materials; c. All variations in construction from the approved design plan have been identified, including omissions to and additions from the approved plan; and d. Any changes are in conformance with local, state, or federal regulations. Prior to occupancy, the applicant shall provide security for the operation and maintenance of stormwater pollution prevention measures installed or provided as a part of this project. Prior to recordation of the final map the applicant shall sign the "Covenants for the Operation and Maintenance of Stormwater Facilities" and submit a Stormwater Management Plan. 25. 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. 26.Covenants, Conditions. and Restrictions: Provide copies of CC&Rs for review by the City prior to recordation of the final map and CC&Rs. City Council Resolution PLN2006-66 - 154 & 160 S. First Street -Tentative Subdivision Map Page 8 27. Demolition: Prior to recording the final map the applicant shall obtain a demolition permit and remove any nonconforming structures. 28. Vacation of Public Street and Easements: Prior to or concurrently with the recordation of the final map, the applicant shall fully complete the street vacation process. The applicant shall submit a vacation of excess right-of-way application for approval by the City Engineer, pay the current application processing fee, process the application with City staff's comments and fully complete the street vacation. 29. Traffic Mitigation: The applicant shall provide the City with a deposit of $2,500 to cover the costs of all traffic surveys and engineering analyses related to stop warrant studies for the existing conditions and project conditions, and construction costs should the studies indicate a need for stop signs. PASSED AND ADOPTED this 16th day of January , 2007, by the following roll call vote: AYES: COUNCILMEMBERS: xennedy, xernandez, Low,.Burr, Furtado NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None APPROVED: Daniel E. Furtado, Mayor ATTEST: ~- ~ '~° Anne Bybee, City Clerk THE ~~z~ 4'i~+~,~.9'~!T ~ A T~ AND COFt9;;~;2 .°:~`'°~ ~ T~iE ~~ OAl F(~ IN TF;~ ~. ~ Al~~~ ~ C1ERK, CITY ~~ /h. ~~ U l.. ~~: C H .. '. ~1~~' ~fF ~;AM~'BFLL ~:ity :;ierk's Office February 7, 2007 Mr. Nick Gera 100 S. Murphy Avenue, #102 Sunnyvale, CA 94086 Dear Mr. Gera: I~~ At the regular meeting of February 6, 2007, the City Council gave second reading, and thus formally adopted, the following Ordinances: 1. Ordinance 2081 approving an Amendment to the Campbell General Plan Land Use Map with a General Plan Amendment (PLN 2006-64) to low-medium density residential for property located at 154 and 160 S. First Street; 2. Ordinance 2082 approving a Zone Change (PLN 2006-65) from R-1-6 (Single Family Residential) to P-D (Planned Development) for property located at 160 S. First Street; and 3. Ordinance 2083 approving a Planned Development Permit (PLN 2006-67) to allow the construction of 15 new small lot single-family residences on property located at 154 and 160 S. First Street, incorporating Findings, and subject to the attached amended Conditions of Approval. A certified copy of the above mentioned Ordinances is attached for your records. It should be noted that the Ordinances will become effective 30 days from the day of adoption, on March 8, 2007. Please note that the time within which judicial review of this action must be sought is governed by Section 1094.6 of the California Code of Civil Procedure, unless another statute (such as California Government Code Section 65009 or some other applicable provision of law) sets forth a more specific time period. Continued ... __ ~ , ~~.; I~dr,r.r- ta~~. :•,r.. ,amt~i ~ '..-ari ,,rsisr, ~~ !1iJ<:_;..•~(, - ~,~ :.~ir..y ~.,._. '- ;~: ~~ _. _; i_y;,,; ;,~.-.. ~,~,..:. Page 2 - 154 and 160 S. First Street -Gera Should you have any questions in regard to the City Council's action, please do not hesitate to contact this office (866-2117) or Tim Haley, Associate Planner, Community Development Department. Sincerely, -'~ rt/~ ~~ / ~ ' Anne Bybee City Clerk Attachments: cc. Daryl Fazekas, 80 W. Main Street, Los Gatos 95030 Judie Gilli, Metropolitan Planning Group, 400 W. Evelyn Ave., Sunnyvale 94086 Tim Haley, Associate Planner, Community Development Department ORDINANCE NO. 2081 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING AN AMENDMENT TO THE CAMPBELL GENERAL PLAN LAND USE MAP WITH A GENERAL PLAN AMENDMENT (PLN2006-64) TO LOW- MEDIUM DENSITY RESIDENTIAL FOR PROPERTY OWNED BY MR. NICK GERA LOCATED AT 154 & 160 S. FIRST STREET. ,~y ; : r~ ~ Ago ~ ,,cyi~w e~ ~~ a ON RlF IN 1T433 t,~ (QTY ~ ~.,~ 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 of the City of Campbell does ordain as follows: SECTION ONE: That this Ordinance be adopted to approve an amendment to the Campbell General Plan Land Use Map to Low-Medium Density Residential for one 1.4 acre parcel located at 154 & 160 S. First Street (attached Exhibit A). SECTION TWO: This Ordinance shall become effective thirty (30) days following its passage and adoption and shall be published, one time within fifteen (15) days upon passage and adoption in the Campbell Express, a newspaper of general circulation in the City of Campbell, County of Santa Clara. PASSED AND ADOPTED this 6th day of following roll call vote: February 2007, by the AYES: COUNCILMEMBERS: xennedy, xernandez, Low, Burr, Furtado NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None ~' ,--~- Daniel E. Furtado, Mayor -} ~' ! i, ~,~`` ATTEST: ~ ~--~'~=~~%~`~'~--- Anne Bybee, City Clerk ANNE ~'~~~ of ei ~pa~-(~,~ u~ en ~~ `~V o _~..Wx ,_w_ ORDINANCE NO. aoaa BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A ZONE CHANGE (PLN2006-65) FROM R-1-6 (SINGLE FAMILY RESIDENTIAL) TO P-D (PLANNED DEVELOPMENT) FOR PROPERTY OWNED BY MR. NICK GERA LOCATED AT 160 S. FIRST STREET. 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 of the City of Campbell does ordain as follows: SECTION ONE: That this Ordinance be adopted to approve a Zone Change from R-1-6 (Single Family Residential) to P-D (Planned Development) for property located at 160 S. First Street (attached Exhibit A). SECTION TWO: This Ordinance shall become effective thirty (30) days following its passage and adoption and shall be published, one time within fifteen (15) days upon passage and adoption in the Campbell Express, a newspaper of general circulation in the City of Campbell, County of Santa Clara. PASSED f call vote: AYES: NOES: ABSENT: ABSTAIN: AND ADOPTED this 6th COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: AI day of February , 2007, by the following roll Kennedy, Hernandez, Low, Burr, Furtado None None None ~ I h,. ~ / 'ROVED: f~'V~r L1 Grp ,~~~ Daniel E. F~rtado, Mayor / ~ ATTEST: ~~~ ~ '~-, Anne Bybee, City Clerk ~~ ~11ypL as~o cgs$;<.. `~~. o~ ~-w-~ v cxn cxe~. a sr: ~ ~' cxn ~jy1 l~- c;~' V ~r ~^~~~ _