Loading...
CC Resolution 12358RESOLUTION NO. 12358 BEING A RESOLUTION OF THE CITY COUNCIL O.F THE CITY OF CAMPBELL APPROVING A TENTATIVE SUBDIVISION MAP (PLN2017-394) TO CREATE FOUR SINGLE-FAMILY LOTS AND ONE COMMONLY-OWNED LOT ON PROPERTY LOCATED AT 50 SHELLEY 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 the approval of a Tentative Subdivision Map (PLN2017-394): Environmental Finding 1. An Initial Study has been prepared for the project which provides documentation for the factual basis for concluding that a Mitigated Negative Declaration may be adopted since no substantial evidence exists, in light of the whole record, that the project may have a significant effect on the environment as conditioned. Further Evidentiary Findings 2. The proposed project ("project") includes a Planned Development Permit (PLN2017- 395) for the approval of site configuration, architectural design, increased fence height and to create lots which do not have frontage on a public street, Tentative Subdivision Map (PLN2017-394) to create four single family lots and one commonly owned lot, Zoning Map Amendment (PLN2017-393) to change the zoning from R-M (Multiple- Family Residential) to P-D (Planned Development), Tree Removal Permit (PLN2017- 397) to allow for the removal of three trees on the site, and a Parking Modification Permit (PLN2018-137) to allow two assigned parking spaces to be provided as guest parking. 3. The project site consists of a single parcel located on the southern side of Shelley Avenue between White Oaks Road and Bascom Avenue. 4. The lot is currently developed with one single-family residence that will be demolished as part of the proposed subdivision. 5. Abutting land uses include single-family homes to the west, and multi-family residential properties to the north, east, and south. 6. The project site is zoned R-M (Residential Multifamily) as shown on the Campbell Zoning Map and will be rezoned to P-D (Planned Development). 7. The project site is designated Low-Medium Density Residential (6-13 Units / Gr. Acre) as shown on the Campbell General Plan Map. City Council Resolution No. 12358 PLN2017-394 - Approving a Tentative Subdivision Map - 50 Shelley Avenue Page 2 of 3 The proposed residential land use, at a density of 7.8 units/gr. acre, is consistent with the allowable land use and maximum density permitted by the Low-Medium Density Residential General Plan land use designation. 8. The proposed Tentative Subdivision Map (PLN2017-394) may be approved concurrently, and subject to a Planned Development Permit (PLN2017-395), Zoning Map Amendment (PLN2017-393). 9. The proposed Tentative Subdivision Map will allow creation of privately held parcels for fee title ownership as well as a common parcel to be improved with a private roadway, guest parking spaces, fire truck access, and landscaping. 10. 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. As of the writing of this staff report, none of these agencies raised any concerns about providing services to the proposed lots. 11. 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. 12358 PLN2017-394 - Approving a Tentative Subdivision Map - 50 Shelley Avenue Page 3 of 3 THEREFORE, BE IT RESOLVED that the City Council approves a Tentative Subdivision Map (PLN2017-394) for the Project located at 50 Shelley Avenue, subject to the attached Conditions of Approval (attached Exhibit "A"). PASSED AND ADOPTED this 18th day of September, 2018, by the following roll call vote: AYES: COUNCILMEMBERS: Gibbons, Landry, Cristina, Waterman, Resnikoff NOES: COUNCILMEMBERS: None ABSTAINED: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None APPROVED: i' ~''` Paul Resnikoff, Mayor /~ ATTEST: Wendy od, City Clerk EXHIBIT A CONDITIONS OF APPROVAL Tentative Subdivisi®n Map (PLN2017-394) 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 Approved Project: Approval is granted for a Tentative Subdivision Map (PLN2017-394) to subdivide a parcel into four developable parcels and one common lot, subject to approval of a Zoning Map Amendment (PLN2017-393) to allow a P-D zoning designation, on property located at 50 Shelley Avenue. The project shall substantially conform to the Tentative Subdivision Map dated August 27, 2018 except as may be modified by the Conditions of Approval herein. 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. Tract Map: The Planned Development Permit approval is contingent upon recordation of the Tract Map to divide the subject property. The Tract Map shall be recorded prior to the issuance of building or grading permits. 4. 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. 5. Planned Development Permit: The Tentative Subdivision Map is contingent upon approval of the Planned Development Permit (PLN2017-395). A Tract Map may not be recorded if the Planned Development Permit expires or is revoked by the City Council. 6. Park Impact Fee: A park impact fee is due upon development of the site, based on the development density ranging from 6 < 13 Units per Gross Acre (Low/Medium Density), less credit for one legally constructed unit. Prior to recordation of the Tract Map, 75% of this fee is due. The remaining 25% is due prior to issuance of a certificate of building occupancy. The fee is currently set at $10,913 per unit. This fee is subject to change and the fee in effect at the time of payment shall be the fee due. Exhibit A -Conditions of Approval ;Tentative Subdivision Map (PLN2017-394) 'Page 2 of 9 7. CEQA Deposit: The applicant shall pay to cover the actual staff cost to ensure compliance with the mitigation monitoring. The cost shall be charged against the deposit submitted for the project's environmental review which culminated in the preparation of a Mitigated Negative Declaration (PLN2017-396) and associated Mitigation Monitoring and Reporting Program (MMRP). 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, landscaping as necessary. Graffiti removal 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. 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 for the availability of interior garage space for the parking of 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. m. Provision that requires that all landscaping, including but not limited to infiltration plantings, be maintained as depicted on the final landscaping plan. n. Provision guaranteeing equal access fo all common facilities and amenities by all residents (renters and homeowners) of the project. Exhibit A -Conditions of Approval Tentative Subdivision Map (PLN2017-394) Page 3 of 9 9. CEQA Mitigation Measures: The following measures shall be implemented pursuant to the Mitigated Negative Declaration: Mitigation Measure AIR-1: 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 active construction areas shall be watered twice daily or more often if necessary. Increased watering frequency shall be required whenever wind speeds exceed 15 miles-per-hour. b. Pave, apply water three times daily, or apply non-toxic soil stabilizers on all unpaved access roads and parking and staging areas at construction sites. c. Cover stockpiles of debris, soil, sand, and any other materials that can be windblown. Trucks transporting these materials shall be covered. d. 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. e. Subsequent to clearing, grading, or excavating, exposed portions of the Site shall be watered, landscaped, treated with soil stabilizers, or covered as soon as possible. f. Installation of sandbags or other erosion control measures to prevent silt runoff to public roadways. g. Replanting of vegetation in disturbed areas as soon as possible after completion of construction. h. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes. Clear signage shall be provided for construction workers at all access points. i. 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. j: Post a publicly visible sign with the telephone number and person to contact at the City of Campbell regarding dust complaints. This person shall respond and take corrective action within 48 hours. The BAAQMD's phone number shall also be visible to ensure compliance with applicable regulations. Mitigation Measure CUL-1: If archaeological or paleontological resources are encountered during excavation or construction, construction personnel shall be instructed to immediately suspend all activity in the immediate vicinity of the suspected resources and the City and a licensed archeologist or paleontologist shall be contacted to evaluate the situation. A licensed archeologist or paleontologist shall be retained to inspect the discovery and make any necessary recommendations to evaluate the find under current CEQA guidelines prior to the submittal of a resource mitigation plan and monitoring program to the City for review and approval prior to the continuation of any on-site construction activity. Mitigation Measure GEO-1: The applicant shall comply with the recommendations in the Geotechnical Investigation, dated November 10, 2017 prepared by Wayne Ting, C.E. (No. C 46276) of Wayne Ting & Associates Inc. Such recommendations shall be incorporated into the project's final engineering design to prevent ponding of water in or near the building, ensure the conveyance of storm water away from the building, and avoid the saturation of foundation soils. The project shall use standard engineering techniques and Exhibit A -Conditions of Approval Tentative Subdivision Map (PLN2017-394) Page 4 of 9 conform to the requirements of the International Building Code to reduce the potential for seismic damage and risk to future occupants. Mitigation Measure HAZ-1: Prior to issuance of a demolition permit, a qualified contractor shall asses the property for presence of Lead-based paint (LBP) and Asbestos containing building materials (ACBM), and if present, prepare a plan, to the satisfaction of the Building Official, to properly manage and dispose of such materials. Mitigation Measure NOI-1: Windows must have a minimum STC rating of 20 dB, which is met by standard openable double-glazed thermal windows, with two 1/8" lights separated by a 1/2" air space and with good weather seals. For better reduction of loud vehicle noise, an STC performance of 30 STC is recommended, but not required. Mitigation Measure NOI-2: Outside doors shall meet a tested STC rating of 20 to 30 to match the overall sound transmission mitigation criteria. Mitigation Measure NOI-3: Mitigation of outside noise is based upon windows that are closed in order to provide the required noise protection. Therefore, all units must have a ventilation system that provides a habitable interior air quality environment with the windows closed, regardless of outside temperature. In addition, noise levels produced by heating and air conditioning units for the project must not themselves create a noise problem for any of the residential units associated with the project or adjacent properties. 10. Utility Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to installation of the underground PG&E utility (transformer) boxes and San Jose Water Company back-flow preventers, indicating the location of the boxes for approval by the Community Development Director. 11. 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 approved plan (grade, pad and drainage). 12. Residential Address Identification: The applicant shall submit a detail sheet showing uniform residential address identification material type and location on the building wall for review and approval by the Community Development prior to the issuance of Building Permits. In order to obtain approval, numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Additionally, number material and color is required to contrast with their background. 13. Property Maintenance: The property is to be maintained free of any combustible trash, debris, and weeds until the time that actual construction commences. Any vacant existing structures shall be secured, by having windows boarded up and doors sealed shut, or be demolished or removed from the property (California Fire Code). ~ Exhibit A -Conditions of Approval Tentative Subdivision Map (PLN2017-394) Page5of9 14. Stormwater and Grading Requirements: The project shall comply with City stormwater and grading requirements (CMC Sec. 20.80.020, 21.16.100, and 14.02), as more specifically itemized in the Public Works Department Conditions of Approval for the Tentative Subdivision Map. 15. Construction Activity: The following standards shall apply to construction of the project: • Construction Hours (CMC 98.04.052): Construction activity shall be limited to the hours of eight a.m. and five p.m. daily, Monday through Friday. Saturday hours of construction shall be nine a.m. and four p.m. There shall be no construction activity on Sundays or National Holidays. • Construction Noise (CMC 18.04.052): No loud environmentally disruptive noise over fifty dbs., such as air compressors without mufflers, continuously running motors or generators, loud playing musical instruments or radios will be allowed during the authorized hours of construction, Monday through Saturday, where such noise may be a nuisance to adjacent residential neighbors. Such nuisances shall be discontinued. • Contractor Contact Information Posting: The project site shall be posted with the name arid contact number of the lead contractor in a location visible from the public street prior to issuance of building permits. PUBLIC WORKS DEPARTMENT 16. Construction Drawings: The applicant shall submit the required Tract Map, Street Improvement Plans, and Grading and Drainage Plans directly to the Public Works Department prior to, or concurrent with the Building permit application. Said application shall include the following: a. Response Letter: Upon submittal of the required plans, the applicant shall provide an itemized response letter verifying that all the Public Works Conditions of Approval have been met or addressed. b. Submittal Requirements: ~ 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/206/Documents). See instructions on: i. Checklist for Tract/Parcel Map ii. Checklist for Grading and Drainage iii. Checklist for Street Improvement Plans 17. 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 Exhibit A -Conditions of Approval Tentative. Subdivision Map (PLN2017-394) Page 6 of 9 approval by the City Council, pay various .fees/deposits and submit the map in' a digital format acceptable to the City. _18. Preliminary Title Report: Upon submittal of the Final Map, the applicant shall provide a current (within the past 6 months) Preliminary Title Report. 19. Right-of-Way for Public Street Purposes: Upon recordation of the Final Map, the applicant shall fully complete the process to cause additional right-of-way to be granted in fee for public street purposes along the Shelley Avenue frontage to accommodate a 30 foot half street, unless otherwise approved by the City Engineer. The applicant shall submit the necessary documents for approval by the City Engineer, process the submittal with City staff's comments and fully complete the right-of-way process. 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. 20. Public Service Easement: Upon recordation of the Final Map, the applicant shall grant a ten foot public service easement (PSE) private property contiguous with the public right- of-way along the Shelley Avenue 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. The blanket PSE over the common lot will satisfy this condition. 21. 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. 22. 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. 23. Demolition: Prior to~ recording of the Final Map the applicant shall obtain a demolition permit and remove any nonconforming structures. 24. Soils Report: Upon submittal of the Final Map, applicant shall provide a soils report prepared by a registered geotechnical or civil engineer. 25. 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. Exhibit A -Conditions of Approval ' Tentative Subdivision Map (PLN2017-394) Page7of9 26. Storm Drain Area Fee: Prior to recordation of the Final Map, the applicant shall pay the required Storm Drain Area, fee, currently set at $2,385.00 per net acre, which is $1.085.00 27. 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: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. 28. Pervious Pavement: The proposed stormwater treatment plan is dependent on the use of pervious pavement for the common area driveway. Therefore, this project is required to use pervious pavers or pervious concrete for the. areas as identified on the included stormwater treatment plan. 29. Utilities: All on-site utilities shall be installed underground per Section 21.18.140 of the Campbell Municipal Code (if applicable). Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. 30. 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. 31. 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. 32. 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. Shelley Avenu has not been reconstructed or overlaid in the last 5 years. The pavement Exhibit A -Conditions of Approval Tentative Subdivision Map (PLN2017-394) Page 8 of 9 restoration plan shall indicate how the street pavement shall be restored following the installation or abandonment of all utilities necessary for the project. 33. 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 standard public street improvements, as required by the City Engineer. The plans shall include the following, unless otherwise approved by the City Engineer: c. Show location of all existing utilities within the new and existing public right of way. d. 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. e. Removal of existing driveway approach. f. Removal of existing street section to centerline. g. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway approach. Installation of engineered structural pavement section to centerline, as required by the City Engineer. h. Installation of asphalt concrete overlay per street pavement restoration plan for utility installation and/or abandonment, as required by the City Engineer. 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. 34. Street Improvements Completed for Occupancv 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. 35. 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. 36. Utility Encroachment Permit: Separate encroachment 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. Exhibit A -Conditions of Approval Tentative Subdivision Map (PLN2017-394) Page 9 of 9 37. 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.