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CC Resolution 12458RESOLUTION NO. 12458 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A SUBDIVISION MAP (PLN2018-157) TO CREATE SIX PRIVATE LOTS AND ONE COMMON LOT,' AND ASSOCIATED PUBLIC AND PRIVATE EASEMENTS, ON PROPERTY LOCATED 1631 HACIENDA AVENUE. FILE NO.: PLN2018-157 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 recommended approval of a Tentative Subdivision Map (PLN2018-157): Environmental Findinq 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 (PLN2018-155) to amend the Campbell Zoning Map to rezone the project site from R-1-9 (Single -Family Residential) to P-D (Planned Development); a Planned Development Permit (PLN2018- 156) to allow construction of six two-story single-family homes, an accessory dwelling unit, a new private street, and associated site and landscaping improvements; a Tentative Subdivision Map (PLN2018-157) to create six private lots and one common lot, and associated public and private easements; a Variance (PLN2018-325) to allow retention of existing overhead utility lines and installation of a new utility pole on private property to serve the proposed development; and a Tree Removal Permit (PLN2018-158) to allow removal of on -site protected trees. 2. The project site consists of two parcels located along Hacienda Avenue, east of Harriet Avenue, which is developed with a single-family residence that will .be demolished as part of the proposed project. 3. The project site abuts residentially zoned properties in all directions. 4. The project site is currently designated by the Campbell Zoning Map as R-1-9 (Single - Family Residential, 9,000 Square -Foot Minimum Lot Size) and would be rezoned by to P- D (Planned Development). 5. The project site is designated by the Campbell General Plan Land Use Diagram as Low Density Residential (Less than 4.5 units/Gr. Acre). The proposed project would result in approximately 2.8 units per gross acre, consistent with General Plan Land Use Designation. City Council Resolution 12458 Approval of a Tentative Subdivision Map 1631 Hacienda Avenue —File No.:_PLN2018-157 Page 4 of 3' 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. THEREFORE, BE IT RESOLVED that the City Council approves a Tentative Subdivision Map (PLN2018-157) to create six private lots and one common lot, and associated public and private easements on property, located at 1631 Hacienda Avenue, subject to the attached Conditions of Approval (attached Exhibit A). I , PASSED AND ADOPTED this 18th day of June, 2019, by the following roll call vote: AYES: COUNCILMEMBERS: Resnikoff, Bybee, Gibbons, Landry, Waterman NOES: COUNCILMEMBERS: None j ABSENT: COUNCILMEMBERS: None °ABSTAIN: COUNCILMEMBERS: None i I j APPROVE Richard M. Waterman, Mayor ATTEST: Wendy iod, City Clerk EXHIBIT A CONDITIONS OF APPROVAL . Tentative Subdivision Map (PLN2018-157) . 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 Subdivision Map (PLN2018-157) to allow creation of six private lots and one common lot, and associated public and private easements on property located at 1631 Hacienda Avenue. The Tract Map shall substantially conform to Tentative Subdivision Map (and associated civil sheets), included within the Revised Project Plans, dated as received by the Planning Division on April 9, 2019, 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 (2) years from the effective date of the associated City Council Ordinances for a Zoning Map Amendment (PLN2018-156) and Planned Development Permit (PLN2018-156), unless an Extension of Time is granted prior to the expiration date. 3. Planned Development Permit: The Subdivision Map is contingent upon approval of the associated Planned Development Permit (PLN2018-156). However, a Tract Map may not be recorded if the Planned Development Permit expires. 4. Perpetual Development Standards: Should the associated Planned Development Permit (PLN2018-156) expire after the Tract Map has been recorded, any future development shall substantially comply with the aforementioned Revised Project Plans, dated as received by the Planning Division on April 9, 2019, which shall constitute the objective standards for the Planned Development Zoning District established for the subdivision. I 5. Park Impact Fee: A fee in -lieu of parkland dedication pursuant to Campbell Municipal Code j (CMC) 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 and one (1) "secondary living unit," less credit for one (1) existing single-family dwelling at a density range of less than 6 units per gross acre. 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 and the remaining 25% shall be due prior to issuance of a Certificate of Occupancy, unless the City amends CMC Chapter 20.24 to require payment in full'at time of map recordation. 1 6. Street Name: The. name(s) of the private street(s) within the Approved Project shall be selected by the applicant from the list of approved public street names established by the j City Council. Conditions of Approval Tentative Subdivision Map (PLN2018-157) 1631 Hacienda Avenue Page 2 7. 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 (PLN2018-156) are herein incorporated by reference. 8. Fencing Plan: The on -site improvement plans shall include a detailed "fencing plan" indicating placement of new fencing/walls around the interior and perimeter property lines, as generally depicted on the Approved Project Plans, for review and approval by the Community Development Director. The "fencing plan" shall specifically indicate the extent and height of the masonry retaining walls that will be installed at the base of the new perimeter fencing. Prior to construction of fencing, the applicant, contractor, and staff., shall conduct a walk-through of the project site to verify fencing placement in order to minimize damage to neighbors' adjacent landscaping and property. 9. '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. 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 system. 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. r Conditions of Approval ' Page 3 Tentative Subdivision Map (PLN2018-157) 1631 Hacienda Avenue I. Provision to prohibit the use of outside parking spaces for storage purposes, including boats, trailers, and recreational vehicles. i 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. i . 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 The scope of this project triggers the requirement for Frontage Improvements as required by Campbell Municipal Code 11.24.040 and per the San Tomas Area Neighborhood Plan. 1. 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 post entitlement. 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 Map ii. Checklist for Grading and Drainage iii. Checklist for Street Improvement Plans 2. Easement Abandonment: Prior to recordation of the Final Map, the applicant shall fully complete the Easement Abandonment process. The applicant shall submit an Easement Abandonment 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. https://www.ci.campbell.ca.us/DocumentCenterNiew/424/Application-for-Vacation-of Excess-Right-of-Way-or-Easement-Abandonment?bid ld= 3. Final 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. 4. 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 i r Conditions of Approval Page 4 Tentative Subdivision Map�(PLN2018-157) 1631 Hacienda Avenue facilities (biotreatment basins, self -treating areas and pervious pavers) shall be part of the CC&Rs as well as the Private Overland Release Storm Drainage Easement area. a. CC&R to identify maintenance plan and clarify that this easement is not City owned or City maintained from the Lot 4 connection through to Fawn Drive and Beth Way. 5. Preliminary Title Report: Upon submittal of the. Final Map, the applicant shall provide a current (within the past 6 months) Preliminary Title Report. 6. 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 Hacienda Avenue frontage to accommodate a 30 feet 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. 7. Public Service Easement: Upon recordation of the Final Map, the applicant shall grant a 10-ft public service easement and sidewalk easement on private property contiguous with the public right-of-way along the Hacienda 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. 8. 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.). 9. Private Overland Release Storm Drainage Easement: Prior to recordation of the final map, a 5-ft Private Overland Release Storm Drainage Easement on private property shall be recorded by the Applicant to accommodate the proposed overland release storm drainage system. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor. The Private Overland Release Storm Drainage Easement shall be dedicated for the benefit of the proposed development, including but not limited to allowing the development's HOA the right at any time to access, maintain, repair, operate and/or replace any and all utilities and appurtenant structures without compensation to the property owner for damages or improvement costs, over, under, and upon said property, said area "shall be kept open and free of buildings, and structures of any kind including irrigation systems and appurtenances thereto, any lawful fences and all lawful unsupported roof overhangs. All 10. Monumentation for Final Map: Prior to recordation of the Final Map, the applicant shall provide a cash deposit of $22,000.00 for setting all monuments shown on the map, 30 pipes and four monument wells. 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 Conditions of Approval Page 5 Tentative Subdivision Map (PLN2018-157) 1631 Hacienda Avenue and ending of curves on property lines, and monument boxes at intersections of all street monument line tangents. 11. Demolition: Prior to recording of the Final Map, the applicant shall obtain a demolition permit and remove any nonconforming structures. 12. Soils Report: Upon submittal of the Final Map, applicant shall provide a soils report prepared by a registered geotechnical or civil engineer.. 13. 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. All related on -site storm systems shall be built to City standards. 14. 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 $4,282.00. 15. 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. 16. Storm Water Information: On the preliminary Tentative Map show the amount, in square footage, of: a. Existing impervious area. b. Proposed impervious area. c. Proposed pervious area. 17. Stormwater Pollution Prevention Measures: Due to the scope and scale of the project, the applicant is required to design and construct stormwater treatment facilities for the stormwater runoff of the proposed private.lots. The facilities shall comply with the San ,Francisco Bay Regional Municipal Stormwater Permit (MRP) 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 MRP. 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 j Conditions of Approval Page 6 Tentative Subdivision Map (PLN2018-157) 1631 Hacienda Avenue 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 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. 18. Deed Restrictions: Prior to recordation of the final map, the owner shall execute a deed restriction, or other document as approved by the City Engineer, that restricts property owners from modifying the" area identified for stormwater treatment along property frontages and where pervious pavers are being used. 19.Trash Capture — Install trash capture inserts (KriStar FloGard or approved equal) in all on - site storm drain catch basins, and a full trash capture screen (StormTek ST3G or approved equal) in the existing storm drain catch basin along the frontage. 20.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. Conditions of Approval Page 7 Tentative Subdivision Map (PLN2018-157). i .1631 Hacienda Avenue 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. Applicant will require approval from WVSD.for any relocation of the existing sanitary sewer lines. 21. 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. 22. 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. 23. 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. Hacienda Avenue has 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. 24. 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. I c. Removal of existing street section to centerline. d., Installation of City standard curb, gutter, sidewalk,.. park strip and ADA compliant driveway approach. e. Installation of City approved street trees at 30 feet on center with no mow (fine fescue and hair grass Deschampsia) turf in the park strip. f. Installation of engineered structural pavement section to centerline, as required by .the City Engineer. g.. Installation of full trash capture device (StormTek ST3G or approved equal) in the closest downstream existing storm drain inlet on Hacienda Avenue. Conditions of Approval Tentative Subdivision Map (PLN2018-157) 1631 Hacienda Avenue Page 8 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 LED streetlights, conduits, conductors and related facilities in accordance with the City of Campbell's Street Lighting Policies. Installation of traffic control, stripes and signs. k. Construction of conforms to existing public and private improvements, as necessary. I. Submit final plans in a digital format acceptable to the City. 25. 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. 26. Maintenance of Landscaping: Owner(s), current and future, are required to maintain the landscaped park strip and street trees 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. 27. 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. 28.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.