Loading...
PC Res 4374RESOLUTION NO. 4374 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING THAT THE CITY COUNCIL APPROVE A~ TENTATIVE VESTING SUBDIVISION MAP (PLN2016- 234) TO ALLOW CREATION OF NEW COMMON AREA LOTS, SIX PRIVATE LOTS; RECONFIGURATION OF EXISTING COMMON AREA LOTS, AND VACATION OF EXCESS CITY RIGHT-OF-WAY, ON PROPERTY LOCATED ALONG 500 SAM CAVA LANE AND LOTTIE LANE (FORMALLY 280 DILLON AVENUE, ET. AL.). 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. PLN2016-234: Environmental Findi 1. Based on the proposed revised project description, the environmental review prepared for the Infill Environmental Checklist/Mitigated Negative Declaration, and a supplemental analysis, the City has concluded that the proposed revised project would not result in any new significant impacts not previously disclosed in the adopted Infill Environmental Checklist/Mitigated Negative Declaration nor would it result in a substantial increase in the magnitude of any significant environmental impact previously identified in the Infill Environmental Checklist/Mitigated Negative Declaration. For these reasons, a .Second Addendum to the adopted Infill Environmental Checklist/Mitigated Negative Declaration for the revised Dillon Avenue Townhomes and Apartments Project (aka "Madison") has been prepared. and a supplemental or subsequent Environmental Impact Report or Infill Environmental CheckliSt/Mitigated Negative .Declaration is not required for the proposed revised project. Evidentiary Findings 1. At its meeting of October 21, 2014, the City Council adopted Resolution No. 11736 approving a Tentative Vesting Subdivision Map allowing a residential subdivision consisting of 81 in-fee townhome parcels, three apartment parcels (for rental purposes), and associated common parcels. The Tentative Vesting Subdivision Map was approved subject to a Planned Development Permit approved by Ordinance No. 2185, adopted on November 3, 2014. 2. At its meeting of July 22, 2015, the City Council adopted Resolution Nos. 11864 and 11865, approving a Modification to the approved Tentative Vesting Subdivision Map and Planned Development Permit, allowing development of the project in two phases (i.e., recordation of a tract map and issuance of building and grading permits). 3. At its meeting of November 17, 2015, the City Council adopted Resolution No. 11921., approving a Modification to the approved Tentative Vesting Subdivision Map Planning Commission Resolution No. 4374 Page 2 Recommending Approval of a Vesting Tentative Subdivision Map File No.: PLN2016-234 allowing an expansion of the approved project to include 90 in-fee townhome. parcels/units and two apartment parcels (for rental purposes). The Modified Tentative Vesting Subdivision Map was approved subject to a Modified Planned Development Permit approved by Ordinance No. 2195, adopted on December 1, 2015. 4. The proposed Tentative Vesting Subdivision Map (PLN2016-234) would allow . creation of new common area lots, six private lots, reconfiguration of existing common area lots, and vacation of excess City right-of-way. In combination with the previously recorded Tract Maps, the proposed subdivision would result in the overall project unit .count of 124 living units within 96 townhome in-fee parcels and two apartment parcels (for rental purposes). 5. The overall project site is generally located near the southeast intersection of Sam Cava Lane and Dillon Avenue, abutting. the Campbell Public Works Maintenance Corporation Yard to the south and the Los Gatos Creek Trail to the west. The parcel subject to the proposed subdivision. is located along Sam Cava Lane as the street turns to become Gilman Avenue. 6. The subject parcel is zoned P-D (Planned Development) as shown on the Campbell Zoning Map and designated Commercial/Med.-High Density Residential (14-27 units/gr. acre) as shown on the Campbell General Plan Map. 7. The subject parcel is within the boundaries of the South of Campbell Avenue (SOCA) . Plan, as incorporated within the Campbell General Plan Appendix Al-3. 8. The subject parcel may be subdivided and developed pursuant to the density allowance for Sub-Area 3 (Dillon/Gilman) of the SOCA Plan because the subject parcel, in combination with the entirety of the overall project, exceeds the minimum lot size for the residential development in the 12-27 unit/acre range. 9. The density of the expanded project is consistent with the allowable land use and maximum density permitted by the Commercial/Med.-High Density Residential (14-27 units/gr. acre) and High Density Residential (21-27 units/gr. acre) General Plan land use designations. 10. The subject parcel will be annexed in the Homeowners Association - (HOA) established for the overall project ("Madison") subject to its, codes, covenants, and restrictions (CC&Rs). Based upon the foregoing findings of fact and pursuant, the Planning Commission further finds and concludes that: 1. The proposed Vesting Tentative Subdivision Map is consistent with the General Plan and Zoning Ordinance of the City. Planning Commission Resolution No. 4374 Page 3 Recommending Approval of a Vesting' Tentative Subdivision Map File No.: PLN2016-234 2. The proposed Vesting 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 Vesting Tentative Subdivision Map provides, to the extent feasible, for future passive or. natural heating and cooling opportunities. 4. The development and uses wilt 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 that the City Council approve a Tentative Vesting Subdivision Map (PLN2016-234) to allow creation of new common area lots, six private lots, reconfiguration of existing common area lots, and vacation of excess City right-of-way, on property located at 500 Sam Cava Lane and along Lottie Lane (formally 280 Dillon Avenue, et. al.), subject to the attached recommended Conditions of Approval (attached Exhibit A). PASSED AND ADOPTED this 28th day of March, 2017, by the following roll call vote: AYES: Commissioners: Kendall, Rich, Hernandez, Reynolds and Young NOES: Commissioners: ABSENT: Commissioners: Dodd ABSTAIN: Commissioners: Rivlin APPROVED:` ~~~~~/~ '~/'~~/ .~~/~ Yvonne Kendall, hair ATTEST: Pauf Ke'~moyan, Secretary EXHIBIT A RECOMMENDED CONDITIONS OF APPROVAL Tentative Vesting Subdivision Map (PLN2016-234) Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. COMMUNITY DEVELOPMENT DEPARTMENT Planning Division: 1. Approved Project: Approval is granted for a Tentative Vesting Subdivision Map (PLN2016-234) to allow creation of new common area lots, six private lots, reconfiguration of existing common area lots, and vacation of excess City right-of- way, for property located at 500 Sam Cava Lane and along Lottie Lane (formally 280 Dillon Avenue et. al.). The Tract Map shall substantially conform to Tentative Vesting Subdivision Map (and associated civil sheets), included within the Revised Project Plans, dated as received by the Planning Division on March 14, 2017, except as may be modified by the Conditions of Approval herein. 2. Approval Expiration: The Vesting Tentative Subdivision Map approval is valid for a period of two (2) years from the date of City Council approval unless an extension is granted prior to the expiration date. 3. Planned Development Permit: The Vesting Tentative Subdivision Map is contingent upon approval of the associated Planned Development Permit (PLN2016-233) and ,Minor Modification (PLN2016-303) to a previously approved Planned Development (PLN2015-170). A Tract Map may not be recorded if the Planned Development Permit and/or Minor Modification expire or are revoked. 4. Park Impact Fee: A fee in-lieu of parkland dedication pursuant to Campbell Municipal Code Chapter 20.24 (Park Impact Fees and Park Land Dedication Subdivisions) is required. The in-lieu fee shall be equal to the fee for six (6) new dwelling units based on a density range of greater than 21 units/gr. acre less a credit for two (2) existing dwelling units based on a density range of 6-13 units/gr. acre. Based on the FY17 Schedule of Fees, the fee due is $22,664 ($7,309 x 6 - $10,595 x 2), however, the fee rate is subject to change based on the adoption of a new Schedule of Fees for each new Fiscal Year; the fee in effect at the time of payment shall be the fee due. Seventy-five percent (75%) of the fee shall be due to prior to recordation of a Tract Map. The remaining 25% shall be prior to issuance of a Certificate of Occupancy. 5. Below Market Rate Housing: Approval of the Tentative Subdivision Vesting Map shall not abrogate or otherwise invalidate the Inclusionary Housing Agreement executed for the overall project. Recommended Conditions of Approval Page 2 Tentative Vesting Subdivision Map - PLN2016-234 6. Homeowners Association (HOA): The approved subdivision, including all private and common area parcels, shall be annexed into the Homeowners Association (HOA) for the Madison community, subject to ~ its Covenants, Conditions and Restrictions (CC&Rs). Prior to recordation of the Tract Map, the applicant shall provide a copy of the appropriate instrument for this annexation, to be reviewed and approved by the City Attorney and Community Development Director. 7. Covenants, Conditions and Restrictions (CC&Rs): Prior to recordation of the Tract Map, the applicant shall provide an addendum or comparable instrument to modify the Madison community Covenants, Conditions and Restrictions (CC&Rs) to specifically prohibit resident use of the driveway parking stalls, as designated as stalls 'A' through 'F' on the Site Plan, which shall be reserved for the sole use of guests of the respective townhome units, to be reviewed and approved by the City Attorney and Community Development Director. 8. Demolition of Structures: Prior to recordation of Tract Map the applicant shall obtain a demolition permit for the demolition of existing residential structure. The following measures shall be implemented during the demolition process to ensure that bats and bird are not harmed or killed as a result of the project. Mitigation Measure 810-7: Project-related activities that occur during the breeding season could be constrained in the vicinity of any active nests. If tree removal or ground disturbance activities are scheduled to commence during the breeding season (February 1st through August 31st), pre-construction nesting bird surveys should be conducted by a qualified biologist to identify possible nesting activity within 15 days prior to such activities. A construction-free buffer of suitable dimensions must be established around any active raptor and migratory bird nest (up to 250 feet, depending on the location and species) for the duration of the project, or until it has been determined that the chicks have fledged and are foraging independently from their parents. Mitigation Measure 810-2: a. Within 30 days prior to the demolition of the four homes along Sam Cava Lane, and their associated outbuildings, apre-construction survey will be conducted to confirm that the existing conditions of the homes have not changed. If existing conditions have not changed, no further surveys will be required. b. If existing conditions have changed and the biologist observes that one or more structures have openings that could provide entry for bats, then a more detailed bat survey will be conducted by a qualified biologist within all structures that provide potential openings for bats to enter. If no bats are found, then no further mitigations will be required. If roosting bats are found to be present, the following additional measures will be required: c. If anon-breeding bat colony is found within any of the structures, the individuals will be humanely evicted via the partial dismantlement of the buildings prior to demolition under the direction of a qualified bat specialist to ensure that no harm . or "take" would occur to any bats as a result of demolition activities. Recommended Conditions of Approval Tentative Vesting Subdivision Map - PLN2016-234 Page 3 d. If a maternity colony is detected in the structures, then aconstruction-free buffer should be established around the structure as determined by the biologist and remain in place until it has been determined that the nursery is no longer active. Demolition should preferably be done between March 1st.and April 15th or August 15th and October 15th to avoid interfering with an active nursery. 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. PUBLIC WORKS DEPARTMENT The proposed Abandonment of excess right-of-way along the Sam Cava frontage can be achieved as shown provided a Public Service Easement is reserved over the vacated area for the benefit of existing utility facilities. The area vacated shall be shown as an additional common lot (Lot "C") on the Tract Map and ownership of that lot shall conveyed to the greater Madison Park homeowner's association (i.e. all of the property owners within the greater Madison Park project shall own an undivided interest in the area vacated with this map, not just the six future property owners of this subdivision). Visit the City's website and follow the submittal requirements for Public Works once this application has received entitlement. The checklist for the various plans required for submittal can be found on the City's Website at City Services-Public Works-Engineering-Land Development-Documents, (or use this link: http://www.cityofcampbell.com/206lDocuments). See instructions on: 1. Checklist for Tract Maps, 2. Checklist for Grading and Drainage and 3. Checklist for Street Improvement Plans. Building permits and grading permits will not be issued until all Public Works Conditions of Approval have been satisfied. These Conditions of Approval are a supplement to the Civil plans and the Tentative Map dated August 19, 2016 both prepared by Civil Engineering Associates. The plans are not approved for construction. Further plan checking by Public Works will be required post entitlement. 10. Response Letter: Upon submittal of the Tract 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. 11. Final (Tract) Map: Prior to issuance of any 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. Recommended Conditions of Approval Page 4 Tentative Vesting Subdivision Map - PLN2016-234 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 stormwater treatment facilities shall be part of the CC&Rs and be the responsibility of the Homeowner's Association. 13. Vacation of Public Street: Prior to recordation of the Final Map, the applicant shall fully complete the street vacation process. The applicant shall submit a vacation of excess right-of-way application for approval by the City Engineer, pay the current application processing fee, process the application with City staff's comments and fully complete the street vacation. The applicant shall reserve a Public Service Easement over the area to be vacated, and shall convey ownership of the vacated area to the greater Madison Park homeowner's association. 14. Right-of-Way for Public Street Purposes: Upon recordation of a Final Map, the applicant shall cause the additional right-of-way shown on the Tentative Map to be granted in fee for public street purposes, unless otherwise approved by the City Engineer. 15. Public Service Easement: Upon recordation of a Final Map, the applicant shall grant the necessary public service easement(s) as shown on the Tentative Map. 16. Private Easements: Upon recordation of a 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 recording of a Final Map the applicant shall obtain a demolition permit and remove any nonconforming structures. 18. Monumentation for Final Map: Prior to recordation of a 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 a 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 a 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. Recommended Conditions of Approval Page 5 Tentative Vesting Subdivision Map - PLN2016-234 In addition, a plan review letter will be required of the Geotechnical engineer for the entire grading and drainage system which should include but is not limited to a review, of the proposed infiltration. 21. Storm Drain Area Fee: Prior to recordation of a Final Map, the applicant shall pay the required Storm Drain Area fee, currently set at $2,385.00 per net acre,- less any previous payments. 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. 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. 23. 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. 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. 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. Dillon Avenue and Sam ~ Cava Lane 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 Improvement Agreements /Plans /Encroachment Permit /Fees /Deposits: Prior to recordation of a 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: Recommended Conditions of Approval Page 6 Tentative Vesting Subdivision Map - PLN2016-234 Sam Cava Lane a. Show location of all existing utilities within the new and existing public right of way. b. Removal of existing driveway approach and necessary sidewalk, curb and gutter. c. Installation of City standard curb, gutter, sidewalk and an ADA compliant ramp to the adjacent property's existing driveway approach. The sidewalk section shall be a six inch curb, with a seven foot attached sidewalk. d. Connection of existing City street tree to on-site irrigation system. The tree well opening shall be 3 feet wide by 5 feet long. e. Installation of asphalt concrete overlay per street pavement restoration plan for utility installation and/or abandonment, as required by the City Engineer. f. Installation and/or relocation of streetlights, conduits, conductors and related facilities in accordance with the City of Campbell's Street Lighting Policies. g. Installation of traffic control, stripes and signs. The curb along the propects frontage shall be painted red to not allow parking along the curve of Sam Cava Lane -- consistent with the red curb across the street on the inside of the curve. h. Construction of conforms to existing public and private improvements, as necessary. i. Submit final plans in a digital format acceptable to the City. 27. 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. 28. Maintenance of Landscaping: Owner(s), current and future Homeowner's Association are required to maintain the existing City street in the public right of way. This includes, but is not limited to: tree, plantings, irrigation, etc. Tree 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 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. . Recommended Conditions of Approval Page 7 Tentative Vestina Subdivision Map - PLN2016-234 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 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. All infiltration facilities included in this project shall be designed to include appropriate pre-treatment measures to ensure the long. term feasibility of the stormwater treatment measures. 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. Prior to recordation of a 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. 32. State General Construction Activity Permit: ,Prior to issuance of any grading or building permits, the applicant shall comply with the State General Construction Recommended Conditions of Approval Tentative Vesting Subdivision Map - PLN2016-234 Page 8 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. 11VEST 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 APPLICANT IS REQUIRED TO PAY ALL APPLICABLE FEES PRIOR TO THE ISSUANCE OF A "Non-Interference" letter for the recordation of the Final Map.