CC Resolution 11424RESOLUTION NO. 11424
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING 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 City Council 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.
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.
City Council Resolution
PLN2011-256 - 125 S. San Tomas Aquino Road -Tentative Vesting Subdivision Map
Page 2
Based on the foregoing findings of fact, the City Council 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 City Council approves 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").
PASSED AND ADOPTED this 19th day of June , 2012, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBER
Cristina, Baker, Waterman, Low, Kotowski
None
None
Michael F. Kotowski, Mayor
ATTEST: (f~""''`~
Anne Bybee, City Clerk
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:
1. Approved Proiect: 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), atoning 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 shall 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
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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.
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 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)]
8. Prooertv 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.
9. Covenants Codes and Restrictions (CC&R'sl: 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, lawn,
plantings, irrigation, etc. Trees shall not be pruned in a manner that would not
allow the tree to grow to a mature height.
Conditions of Approval
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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
10. 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.
11. 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.
12. Preliminary Title Reoort: Upon submittal of the tract map, the applicant shall provide a
current (within the past 6 months) Preliminary Title Report.
13. 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.
14. 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.
15. Demolition: Prior to recording of the final Map, the applicant shall obtain a Demolition
Permit and remove any nonconforming structures.
Conditions of Approval
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16. 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.
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. 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.
19. 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.
20. Tree Removal(sl: 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.
21. 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.
22. Undergroundinp 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.
23. Water Meter(s) and Sewer Cleanout(sl: 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.
24. 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.
Conditions of Approval
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25. 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.
26. 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.
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
Conditions of Approval
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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
27. 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.
28. 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.
29. 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.
30. 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 Handbook") by the
Conditions of Approval
Tentative Vesting Subdivision Map
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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.
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.
31. 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.
Conditions of Approval
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32. Occuoancv 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
33. 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