CC Resolution 11762
RESOLUTION NO i1~62
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL APPROVING A TENTATIVE SUBDIVISION
MAP (PLN2013-135) TO CREATE FOUR RESIDENTIAL LOTS
AND ONE COMMON LOT ON PROPERTY LOCATED AT 705
W HACIENDA AVENUE.
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 PLN2013-135
Environmental Finding
1 This project is Categorically Exempt under Section 15303 Class 3 (b) of the California
Environmental Quality Act (CEQA) pertaining to the construction of four dwelling units
and Section 15315 Class 15 of the California Environmental Quality Act (CEQA)
pertaining to the division of property in urbanized areas into four or fewer developable
parcels when the division is in conformance with the City's General Plan and Zoning
Code.
Evidentiary Findings
1 The proposed project ("project") includes a Planned Development Permit (PLN2013-
134) to allow the construction of four duet-style townhomes, a Tentative Subdivision
Map (PLN2013-135) to create four residential lots and one common lot, Tree Removal
Permit (PLN2014-103) to allow for the removal of fifteen trees, and Parking
Modification Permit (PLN2014-194) to allow for two uncovered parking spaces to be
provided in lieu of two covered parking spaces, on property located at 705 W
Hacienda Avenue).
2. The project site is a .34 net acre property
3. The project site is generally located on the north side of W Hacienda Avenue, between
Virginia Avenue to the west and Capri Drive to the east.
4 The project site is zoned P-D (Planned Development).
5 The' project site is designated Low to Medium Density Residential (6-13 units/Gr Acre)
The entire project site is within the boundaries of the San Tomas Area Neighborhood
Plan.
6 The proposed Tentative Subdivision Map may be approved concurrently and subject
to a Planned Development Permit, Tree Removal Permit, and Parking Modification
Permit
City Council Resolution No: ii~6z
Approving a Tentative Subdivision Map
Eile No. PLN2013-135
Page 2
7 The proposed Tentative Subdivision Map will allow creation of privately held parcels for
fee title ownership as well as common parcels to be improved with private roadways,
pedestrian pathways, guest parking spaces, and landscaping. _
8 The proposed residential land use, at a density of 9 43 units/gr acre, is consistent with
the allowable land use and maximum density permitted by the Low to Medium Density
Residential (6-13 units/gr acre) General Plan land use designation.
9 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. Specific comments from local
agencies have been incorporated as Conditions of Approval.
10 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 upon the foregoing findings of fact, the City Council further finds and concludes
that:
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.
City Council Resolution No 11752
Approving a Tentative Subdivision Map
File No PLN2013-135
Page 3
THEREFORE, BE IT RESOLVED that the City Council approves a Tentative Subdivision
Map (PLN2013-135) to create four residential lots and one common lot, subject to the
attached recommended Conditions of Approval (attached Exhibit A).
PASSED AND ADOPTED this 61h day of January 2015 by the following roll call vote.
AYES COUNCILMEMBERS xotowski Resnikoff Gibbons saker Cristina
NOES COUNCILMEMBERS Hone
ABSENT COUNCILMEMBERS None
ABSTAIN' COUNCILMEMBERS None
APPROVED'
ATTEST
An a Bybee, City Clerk
EXHIBIT A
CONDITIONS OF APPROVAL
Tentative Subdivision Map (PLN2013-135)
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 Subdivision Map (PLN2013-135)
to create four residential lots and one common lot, in conjunction with, and subject to a
Planned Development Permit (PLN2013-134) to allow the construction of four duet-
style townhomes, Tree Removal Permit (PLN2014-103) to allow for the removal of
fifteen trees, and Parking Modification Permit (PLN2014-194) to allow for two
uncovered parking spaces to be provided in lieu of two covered parking spaces, on
property located at 705 W Hacienda Avenue
The Tract Map shall substantially conform to the Tentative Subdivision Map (and
associated civil sheets), included within the Project Plans (Sheet TM), dated as
received by the Planning Division on September 23 2014 except as may be modified
by the Conditions of Approval herein and as necessary to maintain consistency with the
Condition of the Planned Development Permit.
2. Approval Expiration' The Tentative 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 Tract Map must occur within this two-year
period
3 Indemnity If determined necessary by the Community Development Director 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.
Such agreement shall be executed within the 30 days of the Community Development
Director's decision to require it.
4 Planned Development Permit: The Tentative Subdivision Map is contingent upon
approval of the Planned Development Permit (PLN2013-134). A Tract 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, less credit for the one- legally
constructed unit. Prior to recordation of the Tract Map, 75% of this fee is due. The
Conditions of Approval
Planned Development Permit - PLN2013-134
Paae 2
remaining 25% is due prior to issuance of a certificate of building occupancy The fee is
currently set at $10185 per unit. This fee is subject to change and the fee in effect at
the time of payment shall be the fee due.
6 Demolition of Structures: Prior to recordation of the Tract Map the applicant shall
obtain a demolition permit for the demolition of all existing structures. The following
measures shall be implemented during the demolition process:
The project applicant shall ensure that construction plans include the BAAQMD
Best Management Practices for fugitive dust control. The following will be required
for all construction activities within the project area. These measures will reduce
fugitive dust emissions primarily during soil movement, grading and demolition
activities, but also during vehicle and equipment movement on unpaved project
sites:
a. All exposed surfaces (e.g. parking areas, staging areas, soil piles, graded
areas, and unpaved access roads) shall be watered two times per day
b All haul trucks transporting soil, sand or other loose material off-site shall be
covered
c. All visible mud or dirt track-out onto adjacent public roads shall be removed
using wet power vacuum street sweepers at least once per day The use of
dry power sweeping is prohibited. ~
d All vehicle speeds on unpaved roads shall be limited to 15 mph.
e. All streets, driveways, and sidewalks to be paved shall be completed as soon
as possible Building pads shall be laid as soon as possible after grading
unless seeding or soil binders are used.
f Idling times shall be minimized either by shutting equipment off when not in
use or reducing the maximum idling time to 5 minutes (as required by the
California airborne tox.ics control measure Title 13, Section 2485 of CCR).
Clear signage shall be provided for construction workers at all access points.
~ g. All construction equipment shall be maintained and properly tuned in
accordance with manufacturer's specifications. All equipment shall be
checked by a certified mechanic and determined to be running in proper
condition prior to operation.
h A publicly visible sign shall be posted with the telephone number and person
to contact at the Lead Agency regarding dust complaints. This person shall
respond and take corrective action within 48 hours. BAAQMD's phone
number shall also be visible to ensure compliance with applicable
regulations.
7 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
Conditions of Approval
Plarined Development Permit - PLN2013-134
Paae 3
8. Covenants. Codes and Restrictions (CC&R's): Prior to issuance of recordation of the
Tract 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.
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,
fences and landscaping as necessary Graffiti shall be removed from fences
within a reasonable period of time.
g. Provision that requires ongoing maintenance of the landscaped park strip
and trees 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.
h. Provision for regular monitoring and maintenance of the stormwater system,
in accordance with the manufacturer's recommendations.
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 to prohibit the use of outside parking spaces for storage purposes,
including boats, trailers, and recreational vehicles.
k. 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.
I. Provision that requires that all landscaping be maintained as depicted on the
final landscaping plan.
m. Provision guaranteeing equal access to all common facilities and amenities
by all residents (renters and homeowners) of the project.
n. Provision requiring garages to remain free and clear to allow for parking of
vehicles.
Public Works Department
9 Response Letter: Upon submittal of the Final Map, the Street Improvement Plans and
the Grading and Drainage Plans, the applicant shall provide an itemized response
letter verifying that all the Public Works Conditions of Approval have been met or
addressed.
Conditions of Approval
Planned Development Permit - PLN2013-134
Page 4
10 Tentative Map. The applicant shall submit a complete and accurate tentative map in
accordance with the Planning Division's checklist.
11 Final (Tract) 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&Rs for review by the
City prior to recordation of the Final Map and CC&Rs. Maintenance of the drainage
system and the pervious AC driveway shall be part of the CC&Rs See Condition 24
Stormwater Pollution Prevention Measures.
13: Preliminary Title Report: Upon submittal of the Final Map, the applicant shall provide a
current (within the past 6 months) Preliminary Title Report.
14 Right-of-Way for Public Street Purposes: Upon recordation of the Final Map the
applicant shall grant in fee an additional 25 feet of right-of-way for public street
purposes along the Hacienda Avenue frontage as shown on the Tentative Map.
15 Public Service Easement: Upon recordation of the Final Map, the applicant shall grant
a 10 foot public service easement (as shown on the Tentative Map) on private property
contiguous with the public right-of-way along the Hacienda Avenue frontage, unless
otherwise approved by the City Engineer
16. 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.
17 Demolition. Prior to recordation of the Final Map the applicant shall obtain a demolition
permit and remove any nonconforming structures.
18. 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 including but not limited
to setting permanent pipe monuments (three-fourths inch galvanized steel pipe two feet
long approximately six inches below finished grade). at each boundary of all lot corners
within a subdivision, along the exterior boundary lines at intervals of approximately five
hundred feet and at all beginning of curves and ending of curves on property lines, and
monument boxes at intersections of all street monument line tangents.
19 Soils Report: Upon submittal of the Final Map applicant shall provide a soils report
prepared by a registered geotechnical or civil engineer
20 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
Conditions of Approval
Planned Development Permit - PLN2013-134
Paae 5
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.
21 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 $822
(set for multi family land use).
22. 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.
23. Utility locations shall not cause damage to any existing street trees. Where there are
utility conflicts due to established tree roots or where a new tree will be installed,
alternate locations for utilities shall be explored Include utility trench details where
necessary
24 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.
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. One the construction of the Hacienda Green
Streets project is complete, the applicant will be required to bore and jack all new utility
installations.
27 Street Improvement Agreements /Plans /Encroachment Permit /Fees /Deposits:
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 public street
improvements, as required by the City Engineer The plans shall include the following,
unless otherwise approved by the City Engineer
a. Show location of all existing utilities within the new and existing public right of
way
Conditions of Approval
Planned Development Permit - PLN2013-134
Page 6
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 and necessary sidewalk, curb and
gutter
d. Modification of newly constructed Bio-treatment facilities to accommodate
new driveway location and closure of old driveway
e. Installation of City approved street trees.
f Installation of asphalt concrete overlay per street pavement restoration plan
for utility installation and/or abandonment, as required by the City Engineer
g. Construction of conforms to existing public and private improvements, as
necessary Submit final plans in a digital format acceptable to the City
28. Street Improvements Completed for 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 and pavement restoration
installed and accepted by the City and the design engineer shall submit as-built
drawings to the City
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 any public improvements,
the City may add conditions to the development/project/permit, at the discretion of the
City Engineer to restore pavement or other public improvements to the satisfaction of
the City
31 Stormwater Pollution Prevention Measures: Prior to issuance of any grading or
building permits, the applicant shall comply with the National Pollution Discharge
Elimination System (NPDES) permit requirements, Santa Clara Valley Water District
requirements, and the Campbell Municipal Code regarding Stormwater pollution
prevention. 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
Conditions of Approval
Planned Development Permit - PLN2013-134
Paoe 7
A Companion Document to Start at the Source ("Using Site Design Techniques') by
BASMAA, 2003
While this project has been determined to not be a 'Regulated Project" for compliance
with section C 3 of the Municipal Regional Permit, primarily as a result of using a
pervious AC driveway the owners of this project will be required through the CC&R's
or a Deed Restriction to maintain the driveway as pervious area in perpetuity
32. Coordination with Capital Improvement/Other Projects: The applicant shall coordinate
project with City's Hacienda Green Street Project, currently under construction
33 Reimbursements: Prior to recordation of the Final Map the applicant shall pay the City
of Campbell $32,443 for the construction of the property frontage improvements with
the City's Hacienda Green Streets Project.
34 Plan Lines: Prior to issuance of any grading or building permits for the site, the
applicant shall provide a plan layout showing the correct distance from the street
centerline to the property line, dimensions of sidewalk and other relevant information in
the public right of way
West Valley Sanitation
35 Sewer connection: The applicant will be required to abandon all existing sewer
connections and construct a new privately maintained sewer system for the
development. This private sewer system must be designed and constructed to the
district's public sewer standard. Pursuant to district ordinance code Section 10 130 the
applicant is ;required to pay all applicable fees prior to the issuance of a 'Non-
interference letter for the recordation of the final map