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CC Resolution 12749RESOLUTION NO. 12749 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A TENTATIVE PARCEL MAP TO ALLOW THE MERGER OF TWO PARCELS, DEDICATION OF ADDITIONAL PUBLIC RIGHT-OF-WAY AND NEW PUBLIC UTILITY EASEMENTS, AND THE ABANDONMENT OF EXISTING PUBLIC UTILITY EASEMENTS FOR PROPERTY LOCATED AT 2575 & 2585 S. WINCHESTER BOULEVARD. PROJECT FILE NO.: PLN2019-39 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 Parcel Map: Environmental Findina(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. Evidentiary Findings 2. The proposed project includes a Planned Development Permit to allow the construction of an approximately 50-foot tall mixed -use building (15 apartment units and approximately 2,106 square feet of ground floor commercial space) with at -grade and underground parking and associated site improvements, a Tentative Parcel Map to allow the merger of two parcels, dedication of additional public right-of-way and new public utility easements, and the abandonment of existing public utility easements, a Tree Removal Permit to allow the removal of ten (10) on -site trees, a Density Bonus to allow a reduction in required parking, and a Variance to allow the placement of a new utility pole for property located at 2575 & 2585 S. Winchester Boulevard. 3. The project site comprises two parcels located at the northwest corner of S. Winchester Boulevard and Friar Way which have a combined net lot area of approximately 14,688 square -feet (.33 acres). 4. The site is developed with two single-family homes and improved with 10 trees which would be removed as part of the project. 5. The project site is bordered by a small commercial center (automotive repair) to the north and a single-family residence to the west. 6. There are currently no rare, threatened, endangered or sensitive animals, plants, or natural communities within City limits according to City of Campbell General Plan and California Department of Fish and Wildlife Natural Diversity Database. City Council Resolution No. 12749 Page 2 of 4 Approving a Tentative Parcel Map 2575 & 2585 S. Winchester Boulevard — Project File No.: PLN2019-39 7. The site is not a wetland or otherwise known to serve as a habitat for endangered, threatened or species (developed with a single-family residence and several accessory buildings and in a very urbanized environment not likely to have an unrecorded species). 8. The project site is designated by the Campbell General Plan Land Use Diagram as Residential/Commercial/Professional Office (21-27 Units/Gr. Acre). The proposed project would result in a density of approximately 23-units per gross acre, consistent with General Plan Land Use Designation. 9. The property is zoned P-D (Planned Development). 10. The proposed Planned Development Permit is considered in conjunction with and subject to, a Tentative Parcel Map to allow the merger of two parcels, dedication of additional public right-of-way and new public utility easements, and the abandonment of existing public utility easements. 11. The proposed project would be consistent with the following General Plan policies and strategies: Goal LUT-5: Preservation and enhancement of the quality character and land use patterns that support the neighborhood concept. Policy LUT-5.1: Neighborhood Integrity: Recognize that the City is composed of residential, industrial and commercial neighborhoods, each with its own individual character; and allow change consistent with reinforcing positive neighborhood values, while protecting the integrity of the city's neighborhoods. Policy LUT-5.2: Residential Neighborhoods: Maintain safe, attractive, pedestrian friendly residential neighborhoods with identifiable centers and consistent development patterns and a range of public and private services. Strategy LUT-5.2a: Neighborhood Compatibility: Promote new residential development and substantial additions that are designed to maintain and support the existing character and development pattern of the surrounding neighborhood, especially in historic neighborhoods and neighborhoods with consistent design characteristics. Policy LUT-9.3: Design and Planning Compatibility: Promote high quality, creative design and site planning that is compatible with surrounding development, public spaces and natural resources. Strategy LUT-9.3e: Building Materials: Encourage the use of long-lasting, high quality building materials on all buildings to ensure the long-term quality of the built environment. Strategy LUT-9.3f: Development Orientation: Orient new development toward public and private amenities or open space, in particular: • Orient front entrances, living/office area and windows toward the amenity or open space. • Orient high activity areas such as outdoor dining areas and plazas, and major pedestrian routes toward the amenity or open space. Strategy LUT-10.1 c: Outdoor Common Areas: Encourage well -designed and landscaped outdoor common areas for eating, relaxing, or recreation for new projects, and if feasible, when buildings are remodeled or expanded. When possible, the common outdoor areas should adjoin natural features. City Council Resolution No. 12749 Page 3 of 4 Approving a Tentative Parcel Map 2575 & 2585 S. Winchester Boulevard — Proiect File No.: PLN2019-39 Strategy LUT-11.1d: Bicycle and Pedestrian Connections in Development: Encourage new or redeveloping projects to provide logical bicycle and pedestrian connections on site, between parking areas, buildings, and street sidewalks and to existing or planned public right-of-way facilities and encourage pedestrian passages between street -front sidewalks and rear -lot parking areas. Ensure that the bicycle and pedestrian connections interface safely. Strategy LUT-12.1c: Parking Lot Design: Design parking lots to minimize impacts on the street system by providing adequate sized driveways, sufficient queuing and efficient circulation. 12. The proposed Tentative Parcel Map is considered in conjunction with and subject to, a Planned Development Permit to allow the construction of an approximately 50-foot tall mixed - use building (15 apartment units and approximately 2,106 square feet of ground floor commercial space) with at -grade and underground parking and associated site improvements. 13. The proposed Tentative Parcel Map incorporates a requirement for off -site public improvements including (but not limited to) curb, gutter, sidewalk and park strip. Based upon the foregoing findings of fact and pursuant, the City Council further finds and concludes that: 14. The proposed Tentative Parcel Map is consistent with the General Plan and Zoning Ordinance of the City. 15. The proposed Tentative Parcel 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. 16. The design of the Tentative Parcel Map provides, to the extent feasible, for future passive or natural heating and cooling opportunities. 17. 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. 18. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. 19. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 20. 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 (CIVIC Sec. 21.38.050): 21. The project is 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 and zoning regulations, are under five acres in size, City Council Resolution No. 12749 Page 4 of 4 Approving a Tentative Parcel Map 2575 & 2585 S. Winchester Boulevard - Project File No.: PLN2019-39 substantially surrounded by urban uses, located on sites that have no value as habitat for endangered, rare, or threatened species (i.e. wetland), 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; and 22. 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 approve a Tentative Parcel Map to allow the merger of two parcels, dedication of additional public right-of-way and new public utility easements, and the abandonment of existing public utility easements, on property located at 2575 & 2585 S. Winchester Boulevard, subject to the attached Conditions of Approval (attached Exhibit A). PASSED AND ADOPTED this 17th day of August, 2021, by the following roll call vote: AYES: COUNCILMEMBERS: Bybee, Landry, Lopez, Resnikoff NOES: COUNCILMEMBERS: None RECUSED: COUNCILMEMBERS: Gibbons ABSENT: COUNCILMEMBERS: None APPROVED -.— Paul Resnikoff, Vice Mayor/ /6�7 ATTEST: - ` Dusty Christopherson, City Clerk EXHIBIT A CONDITIONS OF APPROVAL Tentative Parcel Map Project File No.: PLN2019-39 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 Parcel Map (PLN2019-39) to allow the merger of two parcels, dedication of additional public right-of-way and new public utility easements, and the abandonment of existing public utility easements on property located at 2575 & 2585 S. Winchester Boulevard. The Final Parcel Map shall substantially conform to Tentative Parcel Map (and associated civil sheets), included within the Project Plans included as Attachment F in the August 17, 2021, City Council Staff Report, except as modified by the Conditions of Approval. 2. Approval Expiration: The Tentative Parcel 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 Parcel 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 Parcel Map is contingent upon approval of the associated Planned Development Permit. However, a Parcel Map may not be recorded if the Planned Development Permit expires or is otherwise rendered void. The Planned Development Permit and Parcel Map are also tied together and reliant on following through on each City approval. Should the Parcel Map be recorded and the Planned Development Permit expire, then the City shall have the authority to require the Parcel Map to be rescinded. 4. Perpetual Development Standards: Should the associated Planned Development Permit expire after the Parcel Map has been recorded, any future development shall substantially comply with the aforementioned Project Plans, which shall constitute the objective standards for the Planned Development Zoning District established for the Parcel Map. 5. Site Grading: The applicant shall limit the amount of on -site grading to the minimum necessary to achieve proper site drainage. An increase of on -site grading that creates a Conditions of Approval Page 2 of 6 Tentative Parcel Map (Project File No. PLN2019-39) 2575 & 2585 S. Winchester Boulevard grade differential between properties that requires a retaining wall in excess of one foot is prohibited. 6. 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). 7. Demolition of Structures: Prior to recordation of the Parcel Map the applicant shall obtain a building permit for the demolition of all non -conforming structures. 8. Property Maintenance: The property is to be maintained free of any combustible trash, debris and weeds until the time that actual construction commences. 9. Fences/Walls: Any newly proposed fencing and/or walls shall comply with Section 21.18.060 of the Campbell Municipal Code and shall be submitted for review and approval by the Community Development Department. 10. Compliance with Other Regulations: The applicant shall comply with other state, county, and city ordinances that pertain to the proposed project and where they are conducted. Public Works Department: 11. Vacation of Easements: Prior to recordation of the Final Parcel Map, the applicant shall fully complete the street vacation process. The applicant shall note the easements to be vacated on the Final Parcel Map, include letters of approval from the utility companies (PG&E, AT&T, SJWC, WVSD, Comcast) and pay the current application processing fee. 12. Final Parcel Map: Prior to issuance of any grading or building permits for the project, the applicant shall submit a Final Parcel Map for review by the City, pay the current fees/deposits and submit the map in a digital format acceptable to the City. Upon approval by the City Council, the applicant will be responsible for having their Title Company record the approved map. 13. Preliminary Title Report: Upon submittal of the Final Parcel Map, the applicant shall provide a current (within the past 6 months) Preliminary Title Report. 14. Public Service Easements: Upon recordation of the Final Parcel Map, the applicant shall grant a five foot public service easement on private property contiguous with the public right- of -way along the Winchester Boulevard and the Friar Way frontages, 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. 15. Monumentation for Final Parcel Map: Prior to recordation of the Final Parcel 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 Conditions of Approval Page 3 of 6 Tentative Parcel Map (Project File No. PLN2019-39) 2575 & 2585 S. Winchester Boulevard 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, 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. 16. Demolition: Prior to recording of the Final Parcel Map the applicant shall obtain a demolition permit and remove any nonconforming structures. 17. Grading and Drainage Plan: Prior to recordation of the Final Parcel 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 Parcel Map, the applicant shall pay the required Storm Drain Area fee, currently set at $2,385.00 per net acre, which is $780.00. 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. 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 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 preliminary grading and drainage plan, 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 Parcel Map: Conditions of Approval Page 4 of 6 Tentative Parcel Map (Project File No. PLN2019-39) 2575 & 2585 S. Winchester Boulevard 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 withthe 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. 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. 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 locationsfor utilities shall be explored. Include utility trench details where necessary. 21. Undergrounding 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. 22. 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. 23. 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 servicesare 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. Conditions of Approval Page 5 of 6 Tentative Parcel Map (Project File No. PLN2019-39) 2575 & 2585 S. Winchester Boulevard 24. 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. Please note that both Friar Way and Winchester Boulevard have recently received pavement treatment / reconstruction and are under the Street Cut Moratorium. 25. Street Improvement Aqreements / Plans / Encroachment Permit / Fees / Deposits: Prior to recordation of the Final Parcel Map, the applicant shall execute a street improvementagreement, 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 ofsidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk area. c. Removal of existing driveway approaches and all existing curb, gutter and sidewalk. d. Installation of City approved street trees, tree wells and irrigation at 30 feet on center. e. Installation of City standard curb, gutter, sidewalk and ADA compliant curb ramp anddriveway approaches. f. Installation of asphalt concrete overlay on each frontage as required by the City Engineer. g. Installation of streetlights, conduits, conductors and related facilities in accordance with the City of Campbell's Street Lighting Policies. The existing streetlight on Winchester Boulevard will need to be replaced with a new pole and fixture, in a new location, with a new dedicated electric service point. h. Relocation of existing fire hydrant. i. Installation of traffic control, stripes and signs. Installation of public improvements identified in the Traffic Impact Analysis report, including the extension of the median island along Winchester Boulevard to the northerly property line. Conditions of Approval Page 6 of 6 Tentative Parcel Map (Project File No. PLN2019-39) 2575 & 2585 S. Winchester Boulevard k. Construction of conforms to existing public and private improvements, as necessary. Submit final plans in a digital format acceptable to the City. 26. 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 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. 27. 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. 28. 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. 29.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. 30. Park Impact Fee: A fee in -lieu of parkland dedication pursuant to Campbell Municipal Code (CIVIC) Chapter 20.24 (Park Impact Fees and Park Land Dedication Subdivisions) is required. The in -lieu fee shall be equal to the fee for fifteen (15) new dwelling units based on a density range of more than 22 units per gross acre, less credit for two (2) existing single- family dwellings at a density range of less than 6 units per gross acre. The in -lieu fee in the amount of $77,969.00 shall be due prior to recordation of the Final Parcel Map.