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CC Resolution 12695 RESOLUTION NO. 12695 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A TENTATIVE SUBDIVISION MAP TO SUBDIVIDE THE SITE INTO NINE (9) SINGLE FAMILY LOTS AND ONE (1) COMMON LOT ON PROPERTY LOCATED 202 W. RINCON AVENUE. PROJECT FILE NO.: PLN2018-225 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: Environmental Finding(s) 1. The project may be found Categorically Exempt under Section 15332 of the California Environmental Quality Act(CEQA, pertaining to In-Fill Development Projects which are found consistent with all applicable general plan policies, zoning regulations, are under five acres in size, and substantially surrounded by urban uses). Further, the project qualifies for the exemption on the basis the site has no value as habitat for endangered, rare, or threatened species (i.e. wetland), the project will not result in any significant effects related to traffic, noise, or air/water quality, and can be adequately served by all required utilities and public services. 2. The proposed alterations to existing vegetation, may be found Categorically Exempt under Section 15304 of CEQA, pertaining to alterations which do not involve the removal of healthy, mature, scenic trees. Evidentiary Findings 1. The proposed project includes a Planned Development Permit to allow the construction of nine (9) single family residences, a new private street, and associated site and landscaping improvements; a Tentative Subdivision Map to subdivide the site into nine (9) single-family lots with one (1) common lot; a Parking Modification Permit to allow a reduction in the number of required parking spaces; a Tree Removal Permit to allow the removal of one (1) fruitless mulberry tree; and a Variance to allow the retention of existing overhead utility lines and/or the placement of new poles for property located at 202 W. Rincon Avenue. 2. The project site is a .52 net acre lot located on the south side of Rincon Avenue, west of Winchester Boulevard and east of San Tomas Expressway. 3. The site is currently developed with a single-family residence and several accessory buildings that will be demolished as part of the project. 4. Abutting land uses include single-family residential homes to the south (R-1-6), a single family home and apartment buildings to the east (both zoned R-2), attached townhomes to the west (zoned P-D), and attached townhomes and apartment units to the north (zoned C- PD and P-D respectively). City Council Resolution No. 12695 Page 2 of 3 Approving a Tentative Subdivision Map 202 W. Rincon Avenue — Project File No.: PLN2018-225 5. The project site is designated by the Campbell General Plan Land Use Diagram as Medium Density Residential (14-20 Units/Gr. Acre). The proposed project would result in a density of approximately 15.8 per gross acre, consistent with General Plan Land Use Designation. 6. The property is zoned P-D (Planned Development). 7. The proposed Tentative Subdivision Map is considered in conjunction with and subject to, a Planned Development Permit to allow construction of nine (9) single-family residences, a new private street, and associated site and landscaping improvements. 8. 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, fire truck access, and landscaping. 9. The proposed Tentative Subdivision Map incorporates a requirement for off-site public improvements including (but not limited to) curb, gutter, sidewalk and park strip. 10. The proposed Tentative 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 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. Environmental Findings (CMC Sec. 21.38.050): City Council Resolution No. 12695 Page 3 of 3 Approving a Tentative Subdivision Map 202 W. Rincon Avenue — Project File No.: PLN2018-225 1. The project is Categorically Exempt under Section 15332 of the California Environmental Quality Act (CEQA, pertaining to In-Fill Development Projects and under Section 15304 of CEQA, pertaining to alterations which do not involve the removal of healthy, mature, scenic trees. 2. There are no unusual circumstances that would prevent the project from qualifying as Categorically Exempt per Section 15300.2 of the CEQA Guidelines. THEREFORE, BE IT RESOLVED that the City Council approves a Tentative Subdivision Map to create nine (9) single-family lots and one (1) common lot, and associated public and private easements, on property located at 202 W. Rincon Avenue, subject to the attached recommended Conditions of Approval (attached Exhibit A). PASSED AND ADOPTED this 6th day of April, 2021, by the following roll call vote: AYES: COUNCILMEMBERS: Bybee, Landry, Lopez, Resnikoff NOES: COUNCILMEMBERS: None RECUSED: COUNCILMEMBERS: Gibbons ABSENT: COUNCILMEMBERS: None APPROVED: �� 1 Paul Resnikoff, Vice Mayor ATTEST: 4/4 0.4/ C.��,0 Andrea Sa rs, Acting City Clerk EXHIBIT A CONDITIONS OF APPROVAL Tentative Subdivision Map Project File No.: PLN2018-225 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 to allow creation of nine (9) private lots and one common lot and associated public and private easements on property located at 202 W. Rincon Avenue. The Tract Map shall substantially conform to Tentative Subdivision Map (and associated civil sheets), included within the Project Plans included as Attachment G in the April 6, 2021 City Council Staff Report, except as modified by the Conditions of Approval. 2. Approval Expiration: The Tentative Subdivision Map approval is valid for a period of two (2) years from the effective date of the associated Planned Development Permit, unless an Extension of Time is granted prior to the expiration date in compliance with Campbell Municipal Code (CMC) Section 21.56.030.C. Within this time period, the Tract Map ("final map") shall be approved by the City Council and recorded with the Office of the Santa Clara County Clerk-Recorder. 3. Planned Development Permit: The Tentative Subdivision Map is contingent upon approval of the associated Planned Development Permit. However, a Tract Map may not be recorded if the Planned Development Permit expires or is otherwise rendered void. The Planned Development Permit and Tentative Subdivision Map are also tied together and reliant on following through on each City approval. Should the Tract Map be recorded and the Planned Development Permit expire, then the Tract Map shall be rescinded and returned back to acreage as directed by the City. 4. Plan Revisions: The Tentative Subdivision Map shall be revised to incorporate the following changes: a. General Notes: General Note 8 shall be revised to indicate that the General Plan Land Use Designation of the property is Medium Density Residential (14-20 units/gr. acre) where indicated as Low Density Residential. 5. Perpetual Development Standards: Should the associated Planned Development Permit expire after the Tract Map has been recorded, any future development shall substantially Conditions of Approval Page 2 of 7 Tentative Subdivision Map (Project File No. PLN2018-225) 202 W. Rincon Avenue comply with the aforementioned Project Plans, which shall constitute the objective standards for the Planned Development Zoning District established for the subdivision. 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. b. Formation of a Homeowner's Association to ensure the long-term maintenance of buildings and property. c. Continued architectural controls to ensure the architectural integrity of the project. d. Definition of common areas to be maintained and provision of maintenance for these areas. e. Provision which shall define the rights of use, allowable landscape or open space improvements. f. 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. g. Provision of a funding mechanism to ensure maintenance and upkeep of common areas. h. Provision to provide ongoing maintenance of the required private roadways, landscaping, and the like. i. 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. j. Provision for regular monitoring and maintenance of the stormwater system, in accordance with the manufacturer's recommendations, including the permeable pavement system (if applicable). k. Provision for regular monitoring and maintenance of the private sanitary system as described by the designing engineering, and as approved by the City Engineer. I. Provision for the availability of interior garage space for the parking of vehicles at all times. m. Provision to prohibit the use of outside parking spaces for storage purposes, including boats, trailers, and recreational vehicles. n. 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. o. Provision that requires that all landscaping, including but not limited infiltration plantings, be maintained as depicted on the final landscaping plan. Conditions of Approval Page 3 of 7 Tentative Subdivision Map (Project File No. PLN2018-225) 202 W. Rincon Avenue p. Provision that all guest parking stalls shall be reserved for guest use only and shall not be reserved or otherwise restricted by individual homeowners. q. Provision indicating that the City shall be made a third-party beneficiary of the CC&Rs providing for the right, but not the obligation, to enforce the applicable provisions of the CC&Rs provided herein. Public Works Department: 7. Construction Drawings: The applicant shall submit the following permit applications prior to, or concurrent with the main Building Permit applications: a. Encroachment Permit for Street Improvement Plans: The frontage improvements for the project shall be shown on a separate street improvement plan as detailed here: https://www.campbellca.gov/187/Street-Improvements b. Building Permit for On-Site / Grading & Drainage Plans: The on-site grading, drainage, stormwater, landscaping, ADA and site improvements for the project shall be shown on a separate Building Permit plan as detailed here: https://www.campbellca.gov/DocumentCenterNiew/16594 c. Tract Map: The subdivision map documents required for this project shall be submitted for review by the City Surveyor as detailed here: https://www.campbellca.gov/DocumentCenterNiew/434 8. Final (Tract) Map: Prior to issuance of any Grading or Building Permits for the project, theapplicant 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 acceptableto the City. 9. Preliminary Title Report: Upon submittal of the Final Map, the applicant shall provide a current (within the past 6 months) Preliminary Title Report. 10.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 Rincon 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 staffs 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. 11.Public Service Easement: Upon recordation of the Final Map, the applicant shall grant a ten foot public service easement(PSE) on private property contiguous with the public right-of-way along the Rincon Avenue frontage, unless otherwise approved by the City Engineer. Theapplicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 12.Private Easements: Upon recordation of the Final Map, the applicant shall cause private easements to be recorded for private utilities, private storm drains, reciprocal Conditions of Approval Page 4 of 7 Tentative Subdivision Map (Project File No. PLN2018-225) 202 W. Rincon Avenue ingress and egress, emergency vehicles, etc. 13.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 boxesat intersections of all street monument line tangents. 14.Park Impact Fee: A fee in-lieu of parkland dedication pursuant to Campbell Municipal Code (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 nine (9) new dwelling units based on a density range of 13 less than 21 units per gross acre, less credit for one (1) existing dwelling units at a density range of 13 less than 21 units per gross acre. 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. 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 $1.103.00 19.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 primaryobjectives 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 Conditions of Approval Page 5 of 7 Tentative Subdivision Map (Project File No. PLN2018-225) 202 W. Rincon Avenue 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. 20.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. The CC&R's for the project shall require the HOA to perform annual maintenance of the pervious pavers, including vacuum sweeping of the pervious pavers prior to the beginning of the rainy season. 21.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 utilitycompanies. 22.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. A joint trench plan will be required at time of submittal. Please note that the Municipal Code does not allow the setting of new utility poles except through the approval of the associated Variance application. 23.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. 24.Utility Coordination Plan: Prior to issuance of Building Permits for the site, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. The plan shall clearly show the location and size of all existing utilities and the associated main lines; indicate which utilities and services are to remain; which utilities and services are to be abandoned, and where new utilities andservices will be installed. Joint trenches for new utilities shall be used whenever possible. 25.Pavement Restoration: Based on the utility coordination plan, the applicant shall prepare a pavement restoration plan for approval by the City Engineer prior to any utility installation orabandonment. Streets that have been reconstructed or overlaid within the previous five years will require boring and jacking for all new utility installations. Rincon 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. 26.Street Improvement Agreements / Plans / Encroachment Permit / Fees / Deposits: Conditions of Approval Page 6 of 7 Tentative Subdivision Map (Project File No. PLN2018-225) 202 W. Rincon Avenue 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 theCity 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. d. Removal of existing street section to centerline. e. 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. f. Installation of asphalt concrete overlay per street pavement restoration plan for utility installation and/or abandonment, as required by the City Engineer. g. Installation of a City Street Tree in the park strip as specified by the City Arborist. h. Installation of traffic control, stripes and signs. i. Construction of conforms to existing public and private improvements, as necessary. j. Submit final plans in a digital format acceptable to the City. 27.Street Improvements Completed for Occupancy and Building Permit Final: Prior to allowingoccupancy and/or final Building Permit signoff for any and/or all buildings, the applicantshall 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. 28.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. 29.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. Conditions of Approval Page 7 of 7 Tentative Subdivision Map (Project File No. PLN2018-225) 202 W. Rincon Avenue 30.Additional Street Improvements: Should it be discovered after the approval process that newutility main lines, extra utility work or other work is required to service the development, andshould 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, torestore pavement or other public improvements to the satisfaction of the City.