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CC Resolution 12385 RESOLUTION NO. 12385 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A TENTATIVE VESTING SUBDIVISION MAP (PLN2018-179) TO CREATE SIX PRIVATE LOTS AND ONE COMMON LOT, AND ASSOCIATED PUBLIC AND PRIVATE EASEMENTS, ON PROPERTY LOCATED 880 AND 910 HARRIET 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 approval of a Tentative Vesting Subdivision Map (PLN2018-179): Environmental Finding 1. An Initial Study has been prepared for the proposed 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. Evidentiary Findings 1. The proposed project is application for a Zoning Map Amendment (PLN2018-177) to rezone the project site from R-1-6 (Single-Family Residential) to P-D (Planned Development); a Planned Development Permit (PLN2018-178) to allow construction of six two-story single-family homes, a new private street, and associated site and landscaping improvements; a Tentative Vesting Subdivision Map (PLN2018-179) to create six private lots and one common lot, and associated public and private easements; and a Tree Removal Permit (PLN2018-180) to allow removal of on-site "protected" trees. 2. The project site consists of two parcels located along Harriet Avenue between Elam and Westmont Avenues. 3. The project site is developed with two single-family residences that will be demolished as part of the proposed project. 4. The project site abuts residentially zoned properties in all directions and a public assembly to the north. 5. The project site is currently designated by the Campbell Zoning Map as R-1-6 (Single- Family Residential, 6,000 Square-Foot Minimum Lot Size) and would be rezoned by to P- D (Planned Development). 6. The project site is designated by the Campbell General Plan Land Use Diagram as Low Density Residential (Less than 6 units/Gr. Acre). The proposed project would result in approximately five units per gross acre, consistent with General Plan Land Use Designation. City Council Resolution Page 2 of 3 Approving a Tentative Vesting Subdivision Map 880 and 910 Harriet Avenue — File No.: PLN2018-179 7. The proposed Tentative Vesting Subdivision Map (PLN2018-179) is considered in conjunction with and subject to, a Planned Development Permit (PLN2018-178) to allow construction of six two-story single-family homes, a new private street, and associated site and landscaping improvements. 8. The associated Planned Development Permit (PLN2018-178) provides the necessary information for a Vesting Subdivision Map as required by Campbell Municipal Code (CMC) Section 20.32.060. 9. The proposed Tentative Vesting 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, fire truck access, and landscaping. 10. The proposed Tentative Vesting Subdivision Map incorporates a requirement for off-site public improvements including dedication of right-of-wayqor public street purposes and installation of City standard curb, gutter, sidewalk, driveways, street tree(s), and street light(s), consistent with the Harriet Avenue Traffic Calming Project. 11. The proposed Tentative Vesting Subdivision Map would result in parcel that range in size from approximately 6,700 square-feet to 7,180 square feet, exceeding the minimum lot size of 6,000 square-feet required by the R-1-6 (Single-Family Residential) Zoning District. As such, the proposed project complies with San Tomas Area Neighborhood Plan (STANP) Land Use Policy 'M-3' (Planned Development Zones) that requires proposed subdivisions in the P-D (Planned Development) Zoning District create parcels that are least equal to the predominant minimum lot size requirement of parcels contiguous to, or directly across a public right-of-way from the project site. 12. As specified by San Tomas Area Neighborhood Plan (STANP) Land Use Policy 'M-1' (Planned Development Zones), the proposed Tentative Vesting Subdivision Map will include a requirement to record Covenants, Conditions and Restrictions (CC&R's) for the project and establishment of a Homeowner's Association to ensure the long-term maintenance and continued architectural integrity of the project. 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. 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. City Council Resolution Page 3 of 3 Approving a Tentative Vesting Subdivision Map -880 and 910 Harriet Avenue — File No.: PLN2018-179 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 City Council approves a Tentative Vesting Subdivision Map (PLN2018-179) to create six private lots and one common lot, and associated public and private easements on property located at 880 and 910 Harriet Avenue, subject to the attached Conditions of Approval (attached Exhibit A). PASSED AND ADOPTED this 4th day of December, 2018, by the following roll call vote: AYES: COUNCILMEMBERS: Landry, Cristina, Waterman, Resnikoff NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Gibbons ABSTAIN: COUNCILMEMBERS: None APPROVED: Paul Resnikoff, Mayor ATTEST: ,� ,,,►:� ` • Wendy od, City Clerk • EXHIBIT A CONDITIONS OF APPROVAL Tentative Vesting Subdivision Map (PLN2018-179) 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 (PLN2018- 179) to allow creation of six private lots and one common lot, and associated public and private, easements on property located at 880 and 910 Harriet Avenue. 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 September 26, 2018, 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 effective date of the associated City Council Ordinance for a Zoning Map Amendment (PLN2018-177), unless an Extension of Time 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 (PLN2018-178). However, a Tract Map may not be recorded if the Planned Development Permit expires.. 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 less than 6 units per gross acre less credit for two (2) existing dwelling units. The fee in effect at the time of payment, as established by the City's Schedule of Fees, 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 due prior to issuance of a Certificate of Occupancy. 5. Mitigation Measures: The Mitigation Measures identified in the Mitigated Negative Declaration for the project, as also included in the Resolution approving the associated Planned Development Permit(PLN2018-178) are herein incorporated by reference. 6. Covenants, Codes and Restrictions (CC&R's): Prior 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 provisions. The draft CC&R's shall be accompanied with a response letter that indicates where in the CC&R's each of the following provisions has been addressed. Conditions of Approval Page 2 Tentative Vesting Subdivision Map (PLN2018-179) 880 and 910 Harriet Avenue 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 that all landscaping—including private landscaping located in front, side, and rear yards—shall be maintained in compliance with the Model Water Efficient Landscape Ordinance (MWELO) Landscape Documentation Package. f. Provision of a funding mechanism to ensure maintenance and upkeep of common areas. g. Provision to provide ongoing maintenance of the required private roadways, landscaping, and etc. h. 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. i. Provision for regular monitoring and maintenance of the stormwater system, in accordance with the manufacturer's recommendations, including the permeable pavement as specified by Condition of Approval No. 21 (Permeable Pavement). j. Provision for regular monitoring and maintenance of the private sanitary system as described by the designing engineering, and as approved by the City Engineer. k. Provision for the availability of interior garage space for the parking of vehicles at all times. I. Provision to prohibit the use of outside parking spaces for storage purposes, including boats, trailers, and recreational vehicles. m. 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. n. Provision that requires that all landscaping, including but not limited infiltration plantings, be maintained as depicted on the final landscaping plan. o. Provision that all guest parking stalls shall be reserved for guest use only and shall not be reserved or otherwise restricted by individual homeowners. PUBLIC WORKS DEPARTMENT 7. 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: Conditions of Approval Page 3 Tentative Vesting Subdivision Map (PLN2018-179) 880 and 910 Harriet Avenue 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 8. Final (Tract) Map: Prior to issuance of any grading or building permits for the project, the applicant shall submit a,Final Map for review by the City and recordation, upon approval by the City Council, pay various fees/deposits and submit the map in a digital format acceptable to the City. -- 9. 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. 10.Preliminary Title Report: Upon submittal of the Final Map, the applicant shall provide a current (within the past 6 months) Preliminary Title Report. 11.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 Harriet Avenue frontage to accommodate a 45 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. 12.Public Service Easement: Upon recordation of the Final Map, the applicant shall grant a ten (10) foot public service easement on private property contiguous with the public right-of- way along the Harriet 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. 13.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. 14.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 Conditions of Approval Page 4 Tentative Vesting Subdivision Map (PLN2018-179) 880 and 910 Harriet Avenue 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. 15.Demolition: Prior to recording of the Final Map the applicant shall obtain a demolition permit and remove any nonconforming structures. 16.Soils Report: Upon submittal of the Final Map, applicant shall provide a soils report prepared by a registered geotechnical or civil engineer. 17.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. 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 subsurface of the non-compacted biotreatment material that may have potential for subsurface failure and surface failure due to vehicle loads. 18.Storm Drain Area Fee: Prior to recordation of the Final Map, the applicant shall pay the required Storm Drain Area fee, currently set at $2,120.00 per net acre, which is $2,565.00 (set for R-1 land use). 19.State General Construction Activity Permit: Prior to issuance of any grading or building permits, the applicant shall comply with the State General Construction 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. 20.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. 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 Conditions of Approval Page 5 Tentative Vesting Subdivision Map (PLN2018-179) 880 and 910 Harriet Avenue Techniques to Meet Development Standards for Stormwater Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. Upon submission of the Tentative Map, the applicant shall calculate and submit to the City the amount of impervious surface created by the development including the types of stormwater controls to be used. The applicant shall submit preliminary sizing and design showing stormwater controls meet the City's requirements. Prior to recordation of the 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. 21.Permeable Pavement: The proposed stormwater treatment plan is dependent on the use of permeable pavement in the common area and for the private driveways. Therefore, this project is required to use permeable pavers or permeable concrete for the areas as identified on the included stormwater treatment plan. The QC&R's for the project shall require the HOA to perform annual maintenance of the permeable pavement, including vacuum sweeping of the permeable pavement prior to the beginning of the rainy season. 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.Undergroundinq Street Frontage Utilities: All overhead utility lines along the project's public street frontages shall be installed underground per Section 21.18.140 of the Campbell Municipal Code. Applicant shall comply with all utility applications, plan submittals, permitting, and fee requirements of the serving utility companies. Conditions of Approval Page 6 Tentative Vesting Subdivision Map (PLN2018-179) 880 and 910 Harriet Avenue 24.Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer cleanout(s) shall be relocated or installed on private property behind the public right-of-way line. ' 25.Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant shall submit a utility coordination plan and schedule. for approval by the City Engineer for installation and/or abandonment of all utilities. The plan shall clearly show the location and size of all existing utilities and the associated main lines; indicate which utilities and services are to remain; which utilities and services are to be abandoned, and where new utilities and services will be installed. Joint trenches for new utilities shall be used whenever possible. 26.Pavement Restoration: The applicant shall restore the pavement in compliance with City standard requirements. In the event that the roadway has recently received a pavement treatment or reconstruction, the project will be subject to the City's Street Cut Moratorium. The applicant will be required to perform enhanced pavement restoration consistent with the restoration requirements associated with the Street Cut Moratorium. The City's Pavement Maintenance Program website (https://www.ci.campbell.ca.us/219) has detailed information on the streets currently under moratorium and the enhanced restoration requirements. 27.Street Improvement Agreements / Plans / Encroachment Permit / Fees / Deposits: Prior to recordation of the Final Map, the applicant shall execute a street improvement agreement, cause plans for public street improvements to be prepared by a registered civil engineer, pay various fees and deposits, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City Engineer. The plans shall include the following, unless otherwise approved by the City Engineer: a. Show location of all existing utilities within the new and existing public right of way. b. Relocation of all existing utilities including utility boxes, covers, poles, etc. outside of sidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk area. c. Removal of existing driveway approach and necessary sidewalk, curb and gutter. d. Removal of existing street section to centerline (existing pavement to be evaluated at the street improvement plan stage to determine limits of removal). e. Installation of City approved street trees and irrigation.at 30 feet on center. f. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway approaches consistent with the adjacent developed property to the north. Installation of engineered structural pavement section to centerline, as required by the City Engineer. g. Installation of asphalt concrete overlay per street pavement restoration plan for utility installation and/or abandonment, as required by the City Engineer. h. Installation of LED streetlights, conduits, conductors and related facilities in accordance with the City of Campbell's Street Lighting Policies. i. Installation of traffic control, stripes and signs. Conditions of Approval Page 7 Tentative Vesting Subdivision Map (PLN2018-179) 880 and 910 Harriet Avenue j. Construction of conforms to existing public and private improvements, as necessary. k. Submit final plans in a digital format acceptable to the City. 28.Harriet Avenue CIP Project Coordination: The City of Campbell is currently in the process of designing the Harriet Avenue Traffic Calming Project. This subdivision will be required to coordinate frontage improvements along Harriet Avenue consistent with the City project. See http://www.ci.campbell.ca.us/908/Harriet-Avenue-Traffic-Calming-Project for more information. 29.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. 30.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. 31.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. 32.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.