CC Resolution 12150RESOLUTION NO. 12150
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING 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 Finding
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 ChecklisUMitigated 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 Modificatioh to the approved Tentative Vesting Subdivision Map
City Council Resolution Page 2
', 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 (PL'N2016-234) 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
i 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 City Council further finds
' and concludes that:
1. The proposed Vesting Tentative Subdivision Map is consistent with the General Plan
and Zoning Ordinance of the City.
City Council Resolution
Approval of a Vesting Tentative Subdivision Map
File No.: PLN2016-234
Page 3
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 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.
~I 7
i
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 (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 Conditions of Approval (attached Exhibit
A).
PASSED AND ADOPTED this 18th day of April, 2017, by the following roll call vote:
AYES: COUNCILMEMBERS: Cristina, Landry, Waterman, Resnikoff
NOES: COUNCILMEMBERS: Gibbons
' ABSENT: COUNCILMEMBERS: None _
~I ABSTAIN: COUNCILMEMBERS: None `
"Liz" Gibbons, Mayor
ATTEST: ~ /
Wend ood, City Clerk
EXHIBIT A
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 Protect: 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
I~ 280 Dillon Avenue et. al.). The Tract Map shall substantially conform to Tentative
Vesting Subdivision Map (and associated civil sheets), included within the Revised
i 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.
i 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&Rs1: 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 810-1: 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:
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.
j 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.
Conditions of Approval Page 3
Tentative Vesting Subdivision Map - PLN2016-234
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:/1www.cityofcampbell.com/206/Documents). 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.
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
'I 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.
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(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.
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:
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.
'I 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 aroiect's
frontage shall be uainted 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.
i 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.).
i 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
~I development, and should those facilities or other work affect any public
improvements, the City may add conditions to the development/projectlpermit, at the
discretion of the City Engineer, to restore pavement or other public improvements to
~ the satisfaction of the City.
Conditions of Approval Page 7
Tentative Vesting Subdivision Map - PLN2016-234
i, 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; Starf
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 forthe 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:
i 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.
i 3. All variations in construction from the approved design plan have been
identified, including omissions to and additions from the approved plan.
II 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
I~ building permits, the applicant shall comply with the State General Construction
~ Conditions of Approval Page 8
Tentative Vesting Subdivision Map - PLN2016-234
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.
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 APPLICANT IS REQUIRED TO PAY ALL APPLICABLE FEES PRIOR
TO THE ISSUANCE OF A "Non-Interference" letter for the recordation of the Final
Map.