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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 PLN2011-256 - 125 S. San Tomas Aquino Road Page 2 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 Tentative Vesting Subdivision Map PLN2011-256 - 125 S. San Tomas Aquino Road Page 3 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 Tentative Vesting Subdivision Map PLN2011-256 - 125 S. San Tomas Aquino Road Page 4 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 Tentative Vesting Subdivision Map PLN2011-256 - 125 S. San Tomas Aquino Road Page 5 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 Tentative Vesting Subdivision Map PLN2011-256 - 125 S. San Tomas Aquino Road Page 6 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 PLN2011-256 - 125 S. San Tomas Aquino Road Page 7 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 Tentative Vesting Subdivision Map PLN2011-256 - 125 S. San Tomas Aquino Road Page 8 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