PC Res 4070RESOLUTION NO. 4070
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL RECOMMENDING APPROVAL OF A
TENTATIVE VESTING SUBDIVISION MAP (PLN2011-256) TO
CREATE 25 RESIDENTIAL LOTS AND TWO COMMON LOTS ON
PROPERTY LOCATED AT 125 S. SAN TOMAS AQUINO ROAD.
APPLICATION OF ARCADIA HOMES, INC. FILE NO: PLN2011-256.
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 Planning Commission finds as follows with regard to File No. PLN2011-256:
Environmental Finding
1. 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).
Evidentiary Findings
2. The creation of 25 private residential parcels and two common-ownership
parking/open space parcels is consistent with the proposed Low-Medium Density
Residential (6-13 units per gross acre) General Plan land use designation.
3. The maximum density allowed under the proposed General Plan land use
designation is 13 units per gross acre and the project provides 9.2 units per gross
acre.
4. The proposed Tentative Vesting Subdivision Map is consistent with the Planned
Development Zoning Ordinance.
5. The common lot would consist of common access driveways, shared parking spaces
and landscaping.
6. The proposed project includes provisions for access to natural air and light for all of
the units.
7. The Tentative Vesting 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.
8. Specific comments from local agencies have been incorporated as Conditions of
Approval.
Planning Commission Resolution No. 4070
PLN2011-256 - 125 S. San Tomas Aquino Road
Recommending Approval of a Tentative Vesting Subdivision Map
Page 2
9. The provisions of the Covenants, Conditions and Restrictions are necessary to
ensure the long-term property maintenance and continued architectural integrity of
the project.
Based on the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The proposed Tentative Vesting Subdivision Map is consistent with the proposed
General Plan and Zoning Ordinance of the City.
2. The proposed Tentative Vesting 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 Vesting 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 Planning Commission recommends approval of
a Tentative Vesting Subdivision Map (PLN2011-256) to create 25 residential lots and two
common lots on property located at 125 S. San Tomas Aquino Road, subject to the
attached Conditions of Approval (attached Exhibit "A").
Planning Commission Resolution No. 4070
PLN2011-256 - 125 S. San Tomas Aquino Road
Recommending Approval of a Tentative Vesting Subdivision Map
Page 3
PASSED AND ADOPTED this 22"d day of May, 2012, by the following roll call vote:
AYES: Commissioners
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
Alster, Resnikoff, Reynolds and Roseberry
None
Brennan, Ebner and Gibbons
None
APPROVED:
Theresa Alster, Chair
ATTESTS ~(~ c--~-~`
Paul r oyan, Secretary
Conditions of Approval Exhibit A
Tentative Vesting Subdivision Map
PLN2011-256 - 125 S. San Tomas Aquino Road
Page 1
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:
Approved Project: Approval is granted for a Tentative Vesting Subdivision Map
(PLN2011-256) to create 25 residential parcels and two common-ownership
parcels in conjunction with, and subject to, approval of a General Plan Amendment
(PLN2011-258), a Zoning Map Amendment (PLN2011-257), a Planned
Development Permit (PLN2011-255) with a Parking Modification Permit (PLN2012-
43), and a Tree Removal Permit (PLN2012-100), on property located at 125 S.
San Tomas Aquino Road.
The Final Vesting Subdivision Map shall substantially conform to the Tentative
Vesting Subdivision Map, included in the revised Project Plans, dated as received
by the Planning Division on March 15, 2012, except as may be modified by the
Conditions of Approval herein.
2. Approval Expiration: The Tentative Vesting Subdivision 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 Vesting Map must
occur within this two-year period.
3. Indemnity: Within thirty (30) days of project approval, the applicant shalt enter into
an agreement satisfactory to the City Attorney to indemnify and defend the City of
Campbell, its officers, officials, employees, and agents from any and all actions,
liabilities, losses, and torts, including attorney's fees arising out of or connected
unto any challenge to the decision of the City Council on this application.
4. Planned Development Permit: The Vesting Tentative Subdivision Map is
contingent upon the Planned Development Permit (PLN2011-256). A Final Vesting
Subdivision Map may not be recorded if the Planned Development Permit expires
or is revoked by the City Council.
5. Park Impact Fee: A park impact fee is due upon development of the site, based on
the development density of 6 to 13 units per gross acre, and shall be paid to the
City. Prior to recordation of the Final Vesting Subdivision Map, 75% of this fee is
Conditions of Approval
Tentative Vesting Subdivision Map
PLN2011-256 - 125 S. San Tomas Aquino Road
Page 2
6. due. The remaining 25% is due prior to issuance of a certificate of building
occupancy. The fee is currently set at $9,415.00 per unit. This fee is subject to
change and the fee in effect at the time of payment shall be the fee due.
7. 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).
8. Demolition of Structures: Prior to recordation of the Final Vesting Subdivision Map
the applicant shall obtain a demolition permit for the demolition of all existing
structures and existing trees. Demolition plans shall include removal of well MW-1
in compliance with applicable requirements of the Santa Clara Valley Water
District. [MITIGATION MEASURE 8(b)]
9. Property Maintenance: The property is to be maintained free of any combustible
trash, debris and weeds until the time that actual construction commences. All
existing structures shall be secured by having windows boarded up and doors
sealed shut, or be demolished or removed from the property.
10. Covenants, Codes and Restrictions (CC&R's): Prior to recordation of the Final
Vesting Subdivision Map, the applicant shall submit for review and approval by the
City a copy of the draft CC&R's which shall include the following:
a. Formation of a Homeowner's Association to ensure the long-term
maintenance of buildings and property.
b. Continued architectural controls to ensure the architectural integrity of the
project.
c. Definition of common areas to be maintained and provision of maintenance
for these areas.
d. Provision which shall define the rights of use, allowable landscape or open
space improvements, and access rights for the side yard easements.
e. Provision of a funding mechanism to ensure maintenance and upkeep of
common areas.
f. Provision to provide ongoing maintenance of the required private roadways,
landscaping, and sound walls as necessary. Graffiti removal from sound walls
and fences within a reasonable period of time.
g. Provision that requires ongoing maintenance of the landscaped park strip and
tree wells in the public right of way. This includes, but is not limited to: trees,
Conditions of Approval
Tentative Vesting Subdivision Map
PLN2011-256 - 125 S. San Tomas Aquino Road
Page 3
lawn, plantings, irrigation, etc. Trees shall not be pruned in a manner that
would not allow the tree to grow to a mature height.
h. Provision for regular monitoring and maintenance of the stormwater system,
in accordance with the manufacturer's recommendations. [MITIGATION
MEASURE 9(a)]
i. Provision for regular monitoring and maintenance of the private sanitary
system as described by the designing engineering, and as approved by the
City Engineer.
j. Provision for the availability of interior garage space for the parking of two
vehicles at all times.
k. Provision to prohibit the use of outside parking spaces for storage purposes,
including boats, trailers, and recreational vehicles.
I. Provision to prohibit vehicle washing, and vehicle repair and maintenance
activities in the project site, including, but not limited to garages and common
parking areas. [MITIGATION MEASURE 9(b)]
m. Provision that requires that all landscaping, including but not limited infiltration
plantings, be maintained as depicted on the final landscaping plan.
[MITIGATION MEASURE 9(c)]
PUBLIC WORKS DEPARTMENT
11. 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.
12. Covenants, Conditions, and Restrictions: Provide copies of CC&R's for review and
approval by the City prior to recordation of the final map and CC&R's.
13. Preliminary Title Report: Upon submittal of the tract map, the applicant shall
provide a current (within the past 6 months) Preliminary Title Report.
14. Public Service Easement and Sidewalk Easement: Upon recordation of the final
map, the applicant shall grant a 10 public service easement and sidewalk
easement on private property contiguous with the public right-of-way along the
Bucknall Road and S. San Tomas Aquino Road 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.
Conditions of Approval
Tentative Vesting Subdivision Map
PLN2011-256 - 125 S. San Tomas Aquino Road
Page 4
15. Private Easements: Upon recordation of the final map, the applicant shall cause
private easements to be recorded for private open space, private utilities, private
storm drains, reciprocal ingress and egress, emergency vehicles, etc.
16. Demolition: Prior to recording of the final Map, the applicant shall obtain a
Demolition Permit and remove any nonconforming structures.
17. 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.
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. Grading and Drainage Plan: Prior to recordation of the final map, 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 final map, the applicant shall pay
the required Storm Drain Area fee, currently set at $2,385 per net acre, which is
$4,842.
21. Tree Removal(s): To accommodate the required street improvements three 10"
diameter trees may be removed as part of this project. New trees will be installed
to replace the trees removed.
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. Underarounding Street Frontage Utilities: All overhead utility lines along the
project's public street frontages (Bucknall Road and S. San Tomas Aquino Road)
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.
Conditions of Approval
Tentative Vesting Subdivision Map
PLN2011-256 - 125 S. San Tomas Aquino Road
Page 5
24. Water Meter(s) and Sewer Cleanout(~: 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.
25. 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.
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. Bucknall Road nor S. San Tomas Aquino Road have 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.
27. 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, unless
otherwise approved by the City Engineer:
Bucknall Road
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 approach, sidewalk and necessary curb
and gutter.
d. Removal of uplifted/damaged curb and gutter.
e. Installation of City approved street trees, sod and irrigation.
f. Installation of City standard curb, gutter and sidewalk.
g. Installation of asphalt concrete overlay per street pavement restoration
plan for utility installation and/or abandonment, as required by the City
Engineer.
Conditions of Approval
Tentative Vesting Subdivision Map
PLN2011-256 - 125 S. San Tomas Aquino Road
Page 6
h. Installation of streetlights, conduits, conductors and related facilities in
accordance with the City of Campbell's Street Lighting Policies.
i. Installation of traffic control, stripes and signs.
j. Construction of conforms to existing public and private improvements, as
necessary.
k. Submit final plans in a digital format acceptable to the City
S. San Tomas Aquino Road
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 and necessary curb
and gutter.
d. Removal of existing uplifted/damaged curb and gutter.
e. Installation of City approved street trees, sod and irrigation.
f. Installation of City standard curb, gutter, sidewalk and ADA compliant
driveway approach.
g. Installation of asphalt concrete overlay per street pavement restoration
plan for utility installation and/or abandonment, as required by the City
Engineer.
h. Installation of streetlights, conduits, conductors and related facilities in
accordance with the City of Campbell's Street Lighting Policies.
i. Installation of traffic control, stripes and signs.
j. Construction of conforms to existing public and private improvements, as
necessary.
k. Submit final plans in a digital format acceptable to the City
28. 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.
29. 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.
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
Conditions of Approval
Tentative Vesting Subdivision Map
PLN2011-256 - 125 S. San Tomas Aquino Road
Page 7
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 surtace 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
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 final 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. The applicant shall submit preliminary
sizing and design showing stormwater controls meet the City's requirements
Prior to recordation of the final 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.
Conditions of Approval
Tentative Vesting Subdivision Map
PLN2011-256 - 125 S. San Tomas Aquino Road
Page 8
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.
32. 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.
33. Occupancy and Building 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.
WEST VALLEY SANITATION DISTRICT OF SANTA CLARA COUNTY
34. Sewer connection: The applicant will be required to abandon all existing sewer
connections and construct a new privately maintained sewer system for the new
homes. This private sewer system must be designed and constructed to the
district's public sewer standard. Pursuant to district ordinance, code Section
10.130 "TIME OF PAYMENT OF SEWER CONNECTION AND TREATMENT
PLANT CAPACITY FEES", THE APPLCIANT IS REQUIRED TO PAY ALL
APPLICABLE FEES PRIOR TO THE ISSUANCE OF A "Non-Interference" letter
for the recordation of the Final Map.