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.