CC Resolution 10443
RESOLUTION NO.1 0443
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING A TENTATIVE SUBDIVISION MAP (PLN2004-
72) TO SUBDIVIDE THE SUBJECT PROPERTIES INTO 24 RESIDENTIAL
LOTS AND ONE COMMON LOT ON PROPERTIES OWNED BY CHAI
CARE, INC., THE EDWARD AND ELEANOR CARMAN TRUST AND
CLASSIC COMMUNITIES, INe. LOCATED AT 16201 & 16239 E. MOZART
AVENUE IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT.
APPLICATION OF MR. SCOTT WARD, ON BEHALF OF CLASSIC
COMMUNITIES, INe. FILE NO.: PLN2004-72.
After notification and public hearing, as specified by law, and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the City Council did find as follows with
respect to application PLN2004- 72:
1. The creation of 24 residential lots and one common lot is consistent with the Low Density
Residential (less than 6 units per gross acre) General Plan Land Use Designation.
2. The maximum density allowed under the General Plan is less than 6 units per gross acre and
the project would result in 5.7 units per gross acre.
3. The Tentative Subdivision Map is consistent with the P-D (Planned Development) Zoning
District.
4. The proposed project includes provisions for access to natural air and light for all of the
units.
5. The provisions of the Covenants, Conditions and Restrictions are necessary to ensure the
long-term property maintenance and continued architectural integrity of the project.
6. The Tentative Subdivision Map has been distributed to local agencies, including Pacific Gas
and Electric, West Valley Sanitation District, Santa Clara Valley Transportation Authority
and the Santa Clara Valley Water District. None of these agencies raised any concerns about
providing services to the proposed lots.
7. A Mitigated Negative Declaration has been prepared for this project concluding that there are
no significant unmitigated impacts associated with this project, pursuant to the California
Environmental Quality Act (CEQA).
Based upon the foregoing findings of fact, the City Council further finds and concludes that:
1. The Tentative Subdivision Map is consistent with the General Plan and Zoning Ordinance of
the City.
City Council Resolution
PLN2004-72 - 16201 & 16239 E. Mozart Avenue - Tentative Subdivision Map
Page 2
2. The 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 ofthe 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.
NOW, THEREFORE, BE IT RESOLVED that the City Council approves a Tentative
Subdivision Map (PLN2004- 72) to subdivide the subject properties into 24 residential lots and
one common lot on properties owned by Chai Care, Inc., the Edward and Eleanor Carman Trust
and Classic Communities, Inc. located at 16201 & 16239 E. Mozart Avenue in a P-D (Planned
Development) Zoning District.
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:
I. Approved Project: Approval is granted for a Tentative Subdivision Map (PLN2004- 72) to
create 24 residential lots and one common lot located at 16201 & 16239 E. Mozart Avenue.
The subdivision design shall substantially conform to the project exhibits listed below,
except as may be modified by the conditions of approval herein:
a. Tentative Subdivision Map prepared by BKF Engineers and dated as received by the
Planning Division on October 12,2004.
City Council Resolution
PLN2004-72 - 16201 & 16239 E. Mozart Avenue - Tentative Subdivision Map
Page 3
b.
Preliminary Grading and Drainage Plan prepared by BKF Engineers and dates as
received by the Planning Division on October 12, 2004.
2. Approval Expiration: The Tentative Subdivision Map approval is valid for a period of two
years from the date of final City Council approval unless an extension is granted prior to the
expiration date.
3. Tentative Subdivision Map: The Planned Development Permit approval is contingent upon
recordation of the Final Subdivision Map to divide the subject property. The Final
Subdivision Map shall be recorded prior to the issuance of building permits.
4. Park Impact Fee: A park impact fee of$10,990 per unit is due upon development of the site.
Based on the development of 24 units, a total of $263,760 shall be paid to the City. Prior to
recordation of the Final Subdivision Map, 75% of this fee is due. The remaining 25% is due
prior to issuance of a certificate of building occupancy.
5. Covenants. Codes and Restrictions: The applicant shall submit a draft copy of the
Covenants, Conditions and Restrictions (CC&R's) to the Planning Division for approval by
the Community Development Director and City Attorney, prior to the recordation of the
Final Subdivision Map, which provide for:
d.
Formation of a Homeowner's Association;
Continued architectural controls to ensure the architectural integrity ofthe project;
Definition of common areas to be maintained and provision of maintenance for these
areas;
Provision of a funding mechanism to ensure maintenance and upkeep of common
areas; and
Provision for the availability of interior garage space for the parking of vehicles at all
times.
a.
b.
c.
e.
6. Demolition of Structures: Prior to recordation of the Final Map the applicant shall obtain a
building permit for the demolition of all non-conforming structures.
7. Property Maintenance: The property is to be maintained free of any combustible trash,
debris and weeds until the time that actual construction commences. All existing structures
shall be secured by having windows boarded up and doors sealed shut, or be demolished or
removed from the property.
PUBLIC WORKS DEPARTMENT
8. 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. The current plan check fee is $3,200.00 plus $35 per lot.
9. Preliminary Title Report: Upon submittal of the final map, the applicant shall provide a
current Preliminary Title Report.
City Council Resolution
PLN2004-72 - 16201 & 16239 E. Mozart Avenue - Tentative Subdivision Map
Page 4
10. Public Service Easement: Upon recordation of the final map, the applicant shall grant a 10-
foot public service easement on private property contiguous with the public right-of-way
along the East Mozart Avenue frontage. 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. Right-of-Way for Public Street Purposes: Upon recordation of the final map, the applicant
shall cause additional right-of-way to be granted for public street purposes along the East
Mozart Avenue frontage to accommodate a 30-foot half street width. The applicant shall
cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary,
for the City's review and recordation.
12. Ril!ht of Wav for Pedestrian Pathway/Access: Upon recordation of the final map, the
applicant shall dedicate in fee a ten foot (10') wide public access pathway for
recreational trail purposes from the existing cul-de-sac at Kilmer Avenue, through
Parcel A as shown on the Tentative Map dated 08/13/04 by BKF Engineers, to the
existing CaItrans pedestrian pathway adjacent to the proposed private cul-de-sac.
Access shall be handicap accessible. In addition, prior to recordation of the final map
the applicant shall contribute $100,000 to the City for the maintenance of the pedestrian
pathway, which does not include maintenance of fencing or lighting. The applicant shall
cause all documents to be prepared by a registered civil engineer/land surveyor, as
necessary, for the City's review and recordation.
13. Private Easements: Upon recordation of the final map, the applicant shall cause private
easements to be recorded for private utilities, private storm drains, reciprocal ingress and
egress, emergency vehicles, etc.
14. Monumentation for Final Map: Prior to recordation of the final map, the applicant shall
provide security for setting all monuments shown on the map.
15. Occupancy: Prior to allowing occupancy for any and/or all buildings, the applicant shall
have the required street improvements installed and accepted by the City.
16. 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.
17. Soils Report: Prior to issuance of any grading or building permits for the site, applicant shall
provide a soils report prepared by a registered geotechnical or civil engineer.
18. 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.
City Council Resolution
PLN2004-72 -16201 & 16239 E. Mozart Avenue - Tentative Subdivision Map
Page 5
19. 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 vvhich 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.
20. 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 resurfaced within the previous five years will require
boring and jacking for all new utility installations. East Mozart Avenue, Kilmer Avenue and
Longfellow have not been resurfaced 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.
21. Grading and Drainage Plan: Prior to issuance of any grading or building permits for the site,
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. The plans shall comply with the 1998 edition of the California Building Code
including Chapters 10, 11, 18,33, and Appendix Chapter 33.
22. Storm Drain Area Fee: Prior to recordation of the final map, the applicant shall pay the
required Storm Drain Area fee of $2,060.00 per net acre, which is $8,178.00.
23. 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 Storm water 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.
24. State Construction General Permit: Prior to issuance of any grading or building permits, the
applicant shall comply with the State Construction General Permit requirements including
paying fees, filing a Notice of Intent, and providing a Storm Water Pollution Prevention Plan
City Council Resolution
PLN2004-72 - 16201 & 16239 E. Mozart Avenue - Tentative Subdivision Map
Page 6
(SWPPP). The applicant shall submit a copy of the SWPPP to the City prior to issuance of
any grading or building permits.
25. Covenants. Conditions. and Restrictions: Provide copies of CC&R's for review by the City
prior to recordation ofthe final map and CC&R's.
26. Demolition: Prior to recording of the final map the applicant shall obtain a demolition permit
and remove any nonconforming structures.
27. Street and Pedestrian Pathway Improvements: Prior to recordation of the final map, the
applicant shall execute a street improvement agreement, cause plans for public street and
pathway 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 by the applicant of the standard public street and pathway improvements, as
required by the City Engineer. The plans shall include the following:
East Mozart Avenue
a.
b.
Installation of a cui-de -sac per City requirements on East Mozart Avenue.
Installation of City standard curb, gutter, sidewalk and ADA compliant curb ramps on
East Mozart Avenue.
Reconstruction of street structural pavement section to centerline, or as required by
the City Engineer.
Installation of street trees and irrigation at 40 feet on center along East Mozart
Avenue.
Installation of City standard benchmarks as required by the City Engineer.
Installation of monument wells as required by the City Engineer.
Installation of streetlights, conduits, conductors and related facilities in accordance
with the City of Campbell's Street Lighting Policies along East Mozart Avenue.
Installation of storm drain facilities on East Mozart Avenue and connection to
existing facilities.
Installation of traffic control, stripes and signs as necessary.
Construction of conforms to existing public and private improvements, as necessary.
c.
d.
e.
f.
g.
h.
1.
J.
Kilmer Avenue/Longfellow Drive
a. Installation of ADA compliant driveway approach.
b. Installation of streetlights, conduits, conductors and related facilities in accordance with
the City of Campbell's Street Lighting Policies.
c. Installation of traffic control, stripes and signs as necessary.
d. Construction of conforms to existing public and private improvements, as necessary.
City Council Resolution
PLN2004-72 - 16201 & 16239 E. Mozart Avenue - Tentative Subdivision Map
Page 7
Pedestrian Pathway/Access
a. Installation of a pedestrian pathway from Kilmer Avenue/Longfellow Avenue cul-
de-sac to the Caltrans pedestrian pathway. The pathway shall be designed and
constructed to be ADA compliant. The pathway shall also be designed and
constructed per City requirements and shall include appropriate drainage, lighting,
bollards, fencing, and signage. Lighting and fencing shall be located outside of the
pathway area.
b. Topography of the area indicating all above and below ground utilities and other
facilities.
c. Grading and drainage plan for the construction of the pathway.
d. Sign age plan indicating access to the pathway.
e. Construction details for the asphalt concrete pathway, lighting, bollards, fencing,
sign age, and utilities relocation if necessary.
PASSED AND ADOPTED this ~ day of
January
, 2005, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
J-lemande7, Furtado, Watson, Kennedy
None
Burr
None
ATTEST:
~
Anne Bybee, City Clerk