CC Resolution 13119 - Approval of Tentative Subdivision Map and Tree Removal Permit 44 and 56 Sunnyside Avenue RESOLUTION NO. 13119
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING A TENTATIVE SUBDIVISION MAP TO
ALLOW A NEW RESIDENTIAL SUBDIVISION WITH SIX PRIVATE
LOTS AND ONE COMMON LOT AND A TREE REMOVAL PERMIT
FOR REMOVAL OF TWO ON-SITE 'PROTECTED' TREES IN
ASSOCIATION WITH CONSTRUCTION OF SIX (6) DETACHED
SMALL-LOT SINGLE-FAMILY DWELLINGS, FOR PROPERTY
LOCATED AT 44 AND 56 SUNNYSIDE AVENUE. FILE NO.: PLN-
2023-135
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 and Tree Removal Permit:
1. The Proposed Project is an application for a Tentative Subdivision Map to allow a new
residential subdivision inclusive of six private lots and one common lot, and a Tree
Removal Permit to allow removal of two "protected" White Mulberry trees, in
association with a Planned Development Permit to allow construction of six "small-lot
single-family" residential homes with an option for integrated accessory dwelling units
(ADUs).
2. The Project Site is an assemblage of two residential properties located along
Sunnyside Avenue, east of Winchester Boulevard, with "net" and "gross" lot areas of
approximately 17,418 square-feet and 20,418 square-feet (0.468 acres), respectively.
3. The Proposed Project was submitted under an SB-330 preliminary application filed in
compliance with Government Code § 65941.1 on March 3, 2023, predating the June
2, 2023, implementation date of the new General Plan, revised Zoning Code, and Multi-
Family Development and Design Standards (MFDDS).
4. Due to the aforementioned preliminary application, the application is not subject to any
objective design standards nor any zoning district specific development standards.
5. The Project Site was designated at the time of pre-application submittal as Low-
Medium Density Residential (6-13 units/gr acre) and zoned P-D (Planned
Development), as shown on the former Campbell General Plan and Zoning Maps,
respectively.
6. The Project Site is currently developed with two single-family residences that will be
demolished as part of the project.
7. The single-family residence located on the 44 Sunnyside Avenue parcel was
constructed circa 1900. Due to the age of this structure and its placement on the City's
list of potentially historic properties, demolition of the building could be considered a
"significant impact" under the CEQA. To address this possibility, the applicant procured
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44 and 56 Sunnyside Avenue
a historical assessment prepared by a professional historical consultant. These
materials were peer-reviewed by the City's Historical Architectural Advisor, who
concurred with the determination that the property does not meet any of the minimum
threshold eligibility requirements needed to be listed on the California Register of
Historic Resources or as a local historic resource by the City as either a Structure of
Merit or a Landmark property. As such, its demolition would not constitute a "significant
impact" under CEQA.
8. The Proposed Project's six units would result in a density of 12.8 units/gr. acre (6 units
0.468 gross acres), consistent with the density range of the applicable Medium
Density Residential (14-20 units/gr. acre) designation. Although six units exceeds the
allowable five units otherwise specified by former CMC Sec. 21.08.050.E., Table 2-6
(General Development Standards — R-M Zoning District), pursuant to California
Government Code § 65589.5, in cases where the general plan and zoning ordinance
do not match, a project is only required to comply with the general plan.
9. The Proposed Project is not subject to the provisions CMC Chapter 21.24 (I nclusionary
Housing Ordinance) in that it has fewer than 10 housing units.
10. The Proposed Project is a "housing development project" under State law, which limits
the City in its capability to "deny, reduce the density for, or render infeasible"the project
under the Housing Accountability Act (HAA) (Government Code Section 65589.5)
unless: 1) the proposal is found to be in violation of an objective general plan/zoning
standard (other than those waived/reduced through use of the Density Bonus law); or
2) the project will result in a specific adverse impact to public health and safety.
11. The Proposed Project would be consistent with the following General Plan policies and
strategies:
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.
12. The Tentative Vesting Subdivision Map will allow creation of privately held parcels for
fee title ownership as well as common parcels to be improved with a private roadway,
parking, open space, and landscaping.
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44 and 56 Sunnyside Avenue
13. As a condition of approval, the applicant shall record Covenants, Codes and
Restrictions (CC&R's) for the Proposed Project, forming a Homeowner's Association
(HOA) and formalizing the operational responsibilities of the HOA and satisfying the
"exception to access requirement" for a lots without frontage upon a public street
pursuant to CMC Sec. 20.16.035.
14. The proposed Tentative Subdivision Map incorporates a requirement for off-site public
improvements including dedication of right-of-way for public street purposes and
installation of City standard curb, gutter, sidewalk, driveways, and street tree(s).
15. The Proposed Project incorporates a requirement for off-site public improvements
including dedication of right-of-way for public street purposes and installation of City
standard curb, gutter, sidewalk, driveways, street tree(s), and street light(s).
16. No substantial evidence has been presented which shows that the project, as currently
presented and subject to the required conditions of approval, will have a significant
adverse impact on the environment.
17. There is a reasonable relationship and a rough proportionality between the Conditions
of Approval and the impacts of the project.
18. There is a reasonable relationship between the use of the fees imposed upon the
project and the type of development project.
Based upon the foregoing findings of fact, the City Council further finds and concludes
that:
Tentative Subdivision Map Findings (Govt. Code $ 66410 et seq.):
1. That the proposed map is consistent with applicable general and specific plans;
2. That the design or improvement of the proposed subdivision is consistent with
applicable general and specific plans;
3. That the site is physically suitable for the type of development;
4. That the site is physically suitable for the proposed density of development;
5. That the design of the subdivision or the propose improvements are not likely to cause
substantial environmental damage or substantially and avoidably injure fish or wildlife
or their habitat;
6. The design of the subdivision or the type of improvements will not cause serious public
health problems; and
7. The design of the subdivision or the type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of property
within the proposed subdivision or that alternative easements for access will be
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44 and 56 Sunnyside Avenue
provided, and that these will be substantially equivalent to ones previously acquired
by the public;
Tree Removal Permit Finding(s) (CMC Sec. 21.32.080.A):
8. Economic enjoyment and hardship. The retention of the tree(s) restricts the economic
enjoyment of the property or creates an unusual hardship for the property owner by
severely limiting the use of the property in a manner not typically experienced by
owners of similarly zoned and situated properties, and the applicant has demonstrated
to the satisfaction of the approval authority that there are no reasonable alternatives
to preserve the tree(s);
Environmental Findings (CMC Sec. 21.38.050):
9. This 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, and substantially surrounded by urban uses; and
10. There are no unusual circumstances that would prevent the project from qualifying as
Categorically Exempt per Section 15300.2 of the CEQA Guidelines, including
specifically that the subject property does not contain an "historical resource" under
CEQA.
THEREFORE, BE IT RESOLVED that the City Council approves a Tentative Subdivision
Map to allow a new residential subdivision inclusive of six private lots and one common
lot, and a Tree Removal Permit to allow removal of two "protected" White Mulberry trees,
on property located at 44 and 56 Sunnyside Avenue, subject to the attached Conditions
of Approval (attached Exhibit A).
PASSED AND ADOPTED this 20th day of February, 2024, by the following roll call vote:
AYES: Councilmembers: Bybee, Furtado, Scozzola, Lopez, Landry
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
APPROVD
Susan M. Landry, Mayor'
ATTEST: 1/
Andrea ap tiers, City Clerk
EXHIBIT A
CONDITIONS OF APPROVAL
Tentative Subdivision Map and Tree Removal Permit
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 a new
residential subdivision inclusive of six private lots and one common lot, and a Tree
Removal Permit to allow removal of two "protected"White Mulberry trees, on property
located at 44 and 56 Sunnyside Avenue. The Tract Map shall substantially conform
to the Tentative Subdivision Map (and associated civil sheets), included as
Attachment E in the January 22, 2024, City Council Staff Report, except as may be
modified by conditions of approval contained herein.
2. Approval Expiration: The Tentative Subdivision Map approval is valid for a period of
two (2) years from the effective date of the City Council Ordinance approving the
associated Planned Development Permit. 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 Vesting 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.
4. Street Name: The tract map shall indicate the street name authorized by the
Community Development Director.
5. Timing of Tree Removal: Protected tree(s) shall be removed only in conjunction with
demolition of existing on-site structures upon issuance of a Demolition Permit.
6. Tree Protection Plan: The tree protection measures identified by the "44 & 56
Sunnyside Ave Arborist Report 2023" are herein incorporated by reference and shall
be implemented prior to issuance of permits.
7. Construction Measures: The construction activity requirements identified in Condition
of Approval No. 13 of the City Council Ordinance approving the associated Planned
Development Permit are herein incorporated by reference and shall be implemented
for demolition activity required prior to recordation of the tract map.
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44 and 56 Sunnyside Avenue
8. Property Maintenance: The property is to be maintained free of any combustible trash,
debris, and weeds until the time that actual construction commences. Any vacant
existing structures shall be secured, by having windows boarded up and doors sealed
shut, or be demolished or removed from the property (Section 11.201 and 11.414,
1985 Ed. Uniform Fire Code).
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. The applicant shall remunerate the City for the full
cost incurred by the City to review the draft CC&R's.
a. Formation of a Homeowner's Association (HOA) to ensure the long-term
maintenance of buildings and property.
b. Continued architectural controls to ensure the architectural integrity of the project
consistent with the Approved Project Plans.
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 of liability insurance in amount in keeping with accepted industry
standards covering all common areas and all damage or injury caused by
negligence of the HOA, its board or any of its agents, or the Owners, against any
liability to the public or to any Owner incident to the use of or resulting from any
accident or intentional or unintentional act of an Owner or third-party occurring in
or about any common area.
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.
k. Provision for regular monitoring and maintenance of the private sanitary system
as documented by the design engineer.
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44 and 56 Sunnyside Avenue
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.
PUBLIC WORKS DEPARTMENT
10.Construction Drawings: The applicant shall submit the following permit applications
prior to, or concurrent with the main Building permit application:
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/DocumentCenter/View/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/DocumentCenter/View/1478
11.Tract (Final) Map: Prior to issuance of any grading or building permits for the project,
the applicant shall submit a Tract 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.
12.City Alleyway: Consistent with recent projects in the area, the Tract Map shall include
a restriction on access from this project to the adjacent City alleyway.
13.Right-of-Way for Public Street Purposes: Upon recordation of the Tract 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 Sunnyside Avenue frontage to
accommodate the new detached sidewalk, 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.
14.Private Easements: Upon recordation of the Tract Map, the applicant shall cause
private easements to be recorded for private utilities, reciprocal ingress and egress,
emergency vehicles, etc.
15.Monumentation for Tract Map: Prior to recordation of the Tract Map, the applicant
shall provide a cash deposit for setting all monuments shown on the map.
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44 and 56 Sunnyside Avenue
Monuments shall be set per section 20.76.010 of the Campbell Municipal Code
including but not limited to setting permanent pipe monuments (three-fourths inch
galvanized steel pipe two feet long approximately six inches below finished grade)
at each boundary of all lot corners within a subdivision, along the exterior boundary
lines at intervals of approximately five hundred feet and at all beginning of curves
and ending of curves on property lines, and monument boxes at intersections of all
street monument line tangents.
16.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 six (6) new
dwelling units based on the Single- family rate, less credit for two (2) existing single-
family dwellings at the Single-family rate. The fee in effect at the time of payment, as
established by the City's Schedule of Fees, shall be the fee due. The fee shall be
due to prior to recordation of the Tract Map.
17.Demolition: Prior to recordation of the Tract Map the applicant shall obtain a
demolition permit and remove any nonconforming structures.
18.Soils Report: Upon submittal of the Tract Map, applicant shall provide a soils report
prepared by a registered geotechnical or civil engineer.
19.Grading and Drainage Plan: Prior to recordation of the Tract 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.
20.Storm Drain Area Fee: Prior to recordation of the Tract Map, the applicant shall pay
the required Storm Drain Area fee, currently set at $2,120.00 per net acre, which is
$847.79 (set for R-1 land use).
21.Stormwater Pollution Prevention Measures: Prior to issuance of any grading or
building permits, the applicant shall comply with the National Pollution Discharge
Elimination System (NPDES) permit requirements, Santa Clara Valley Water District
requirements, and the Campbell Municipal Code regarding stormwater pollution
prevention. The primary objectives are to improve the quality and reduce the quantity
of stormwater runoff to the bay.
Resources to achieve these objectives include Stormwater Best Management
Practices Handbook for New Development and Redevelopment ("CA BMP
Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start
at the Source: A Design Guidance Manual for Stormwater Quality Protection ("Start
at the Source") by the Bay Area Stormwater Management Agencies Association
(BASMAA), 1999; and Using Site Design Techniques to Meet Development
Standards for Stormwater Quality: A Companion Document to Start at the Source
("Using Site Design Techniques") by BASMAA, 2003.