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CC Resolution 10555 RESOLUTION NO. 10555 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL UPHOLDING AN APPEAL AND DELETING THE REQUIREMENT FOR A PEDESTRIAN EASEMENT THROUGH LOTS 3 AND 4 FROM THE PLANNING COMMISSION APPROVAL OF A TENTATIVE SUBDIVISION MAP (PLN2005-48) TO ALLOW THE CREATION OF NINE RESIDENTIAL LOTS AND ADOPTING THE MITIGATED NEGATIVE DECLARATION FOR THIS PROJECT ON PROPERTY OWNED BY CULLEN DEMATTEI DEVELOPMENT, INC., LOCATED AT 500 W. LATIMER AVENUE IN AN R-1-6 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT. APPLICATION OF MS. JENNIFER HUMMEL, ON BEHALF OF CULLEN DEMATTEI DEVELOPMENT, INC. FILE NO.: PLN2005-48. 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 PLN2005-48: 1. The proposed creation of nine residential parcels and related street improvements is consistent with the General Plan. 2. The proposed Tentative Subdivision Map is consistent with the R-1-6 Zoning District. 3. The shape and orientation of the lots does facilitate solar access. 4. The tentative subdivision map has been distributed to local agencies, including Pacific Gas and Electric, AT&T Broadband, 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 parcels. 5. The project is not located in a particularly sensitive environment; and substantial evidence has not been presented to suggest that there is a reasonably possibility that significant environmental impacts would result from the project due to unusual circumstances or from the cumulative impacts of successive projects of the same type in the same place. Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. The proposed tentative subdivision map is consistent with the General Plan. 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. City Council Resolution Upholding an Appeal/Deleting Pedestrian Easement from Planning Commission Approval & Adopting the Mitigated Negative Declaration PLN2005-48 - 500 W. Latimer Avenue - Tentative Subdivision Map Page 2 3. The design of the tentative subdivision map does provide, to the extent feasible, for future passive or natural heating and cooling opportunities. 4. The development and uses would 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. NOW, THEREFORE, BE IT RESOLVED that the City Council upholds an appeal and deletes the requirement for a pedestrian easement through Lots 3 and 4 from the Planning Commission approval of a Tentative Subdivision Map (PLN2005-48) to allow the creation of nine residential lots and adopting the Mitigated Negative Declaration for this project on property owned by Cullen Demmatei Development, Inc., located at 500 W. LATIMER AVENUE in an R-1-6 (Single Family Residential) 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 Plannina Division 1. Approved Project: Approval is granted to create nine (9) single-family lots and a common lot. The lot 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 Giuliani & Kull, Inc, Engineers, Planners and Surveyors dated as revised June 15, 2005. 2. Approval Expiration: The Tentative Subdivision Map approval is valid for a period of two years from the date of Planning Commission approval unless an extension is granted prior to the expiration date. 3. Construction Mitiaation Measures: The following practices should be followed during all phases of site preparation and construction activities: a. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00 p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take City Council Resolution Upholding an Appeal/Deleting Pedestrian Easement from Planning Commission Approval & Adopting the Mitigated Negative Declaration PLN2005-48 - 500 W. Latimer Avenue - Tentative Subdivision Map Page 3 place on Sundays or national holidays unless an exception is granted by the Building Official. b. All construction equipment with internal combustion engines used on the project site shall be properly muffled and maintained in good working condition. c. Unnecessary idling of internal combustion engines shall be strictly prohibited. d. All stationary noise-generating construction equipment, such as air compressors and portable power generators, shall be located as far as possible from noise- sensitive receptors such as existing residences and businesses. e. Prior to the issuance of building permits, the project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street so that the contractor can be made aware of noise complaints. 4. Park Impact Fee: A park impact fee, based on a density range of less than six per gross acre, is due upon development of the site. Credit shall be given for any existing single-family residence to be demolished. Prior to recordation of the Parcel Map, 75% of this fee is due. The remaining 25% is due prior to issuance of a certificate of building occupancy. 5. ArchaeoloQical & PaleontoloQical Resources: If archaeological or paleontological resources are encountered during excavation or construction, construction personnel shall be instructed to immediately suspend all activity in the immediate vicinity of the suspected resources and the City and a licensed archeologist or paleontologist shall be contacted to evaluate the situation. A licensed archeologist or paleontologist shall be retained to inspect the discovery and make any necessary recommendations to evaluate the find under current CEQA guidelines prior to the submittal of a resource mitigation plan and monitoring program to the City for review and approval prior to the continuation of anyon-site construction activity. 6. Human Burial or Skeletal Element Discovery: In the event a human burial or skeletal element is identified during excavation or construction, work in that location shall stop immediately until the find can be properly treated. The City and the Santa Clara County Coroner's office shall be notified. If deemed prehistoric, the Coroner's office would notify the Native American Heritage Commission who would identify a "Most Likely Descendant (MLD)." The archeological consultant and MLD, in conjunction with the project sponsor, shall formulate an appropriate treatment plan for the find, which might include, but not be limited to, respectful scientific recording and removal, being left in place, removal and reburial on site, or elsewhere. Associated grave goods are to be treated in the same manner. City Council Resolution Upholding an Appeal/Deleting Pedestrian Easement from Planning Commission Approval & Adopting the Mitigated Negative Declaration PLN2005-48 - 500 W. Latimer Avenue - Tentative Subdivision Map Page 4 7. Aqreement to Satisfy Conditions of Approval: Prior to issuance of final map, the owner/developer shall execute an agreement to the satisfaction of the City Attorney that requires satisfaction of the conditions of approval for this project. 8. Drivewav Curb Cut: The proposed curb cut shown to the adjacent parcel to the east from the cui de sac shall be eliminated. PUBLIC WORKS DEPARTMENT 9. Final Map: The applicant shall submit a final map for review by the City and recordation, upon approval by the City Council, pay various fees and deposits and submit the map in a digital format acceptable to the City. 10. Preliminary Title Report: Upon submittal of the final map, the applicant shall provide a current (within the past 6 months) Preliminary Title Report. 11. RiQht-of-Wav 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: a. Along Latimer Avenue frontage to accommodate a 30 foot half street width. b. To extend Llewellyn Avenue into the development to accommodate a 60 foot street width. c. To accommodate a cul-de-sac for Llewellyn Avenue into the development that has a 46 foot right-of-way radius. 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. 12. Public Service Easement: Upon recordation of the final map, the applicant shall grant a 10' public service easement on private property contiguous with the public right-of-way along the Llewellyn 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. 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. where applicable. City Council Resolution Upholding an Appeal/Deleting Pedestrian Easement from Planning Commission Approval & Adopting the Mitigated Negative Declaration PLN2005-48 - 500 W. Latimer Avenue - Tentative Subdivision Map Page 5 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. Monuments shall be set per section 20.76.010 of the Campbell Municipal Code. 15. Street Improvements: 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: Latimer Avenue 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, poles, etc. will be allowed in the sidewalk area. c. Removal of existing street section to centerline. d. Installation of engineered structural pavement section to centerline, as required by the City Engineer. e. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway approaches. f. Installation of drainage structures and facilities as required by the City Engineer. g. Installation of ADA curb ramp. h. Installation of City specified street trees, at 30 feet on center. i. Installation of streetlights, conduits, conductors and related facilities in accordance with the City of Campbell's Street Lighting Policies. j. Installation of traffic control, stripes and signs. k. Construction of conforms to existing public and private improvements, as necessary. Llewellvn Avenue 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. Installation of engineered structural pavement section for entire new street and cul-de-sac, as required by the City Engineer. d. New cul-de-sac shall have a right-of-way radius of 46 feet, where the distance from center of cul-de-sac to face of curb is 36 feet. e. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway approaches. City Council Resolution Upholding an Appeal/Deleting Pedestrian Easement from Planning Commission Approval & Adopting the Mitigated Negative Declaration PLN2005-48 - 500 W. Latimer Avenue - Tentative Subdivision Map Page 6 f. Installation of drainage structures and facilities as required by the City Engineer. g. Installation of City specified street trees, at 30 feet on center. h. Installation of streetlights, conduits, conductors and related facilities in accordance with the City of Campbell's Street Lighting Policies. i. Installation of traffic control, stripes and signs. j. Construction of conforms to existing public and private improvements, as necessary. 16. Occupancv: Prior to allowing occupancy for any and/or all buildings, the applicant shall have the required street improvements installed and accepted by the City, and shall have the design engineer submit as-built drawings to the City. 17. 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. 18. 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. 19. 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. 20. Utilitv 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. 21. 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. Latjmer Avenue and Llewellyn Avenue have 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. 22. GradinQ and DrainaQe Plan: Prior to issuance of any grading or building permits for City Council Resolution Upholding an Appeal/Deleting Pedestrian Easement from Planning Commission Approval & Adopting the Mitigated Negative Declaration PLN2005-48 - 500 W. Latimer Avenue - Tentative Subdivision Map Page 7 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. 23. Storm Drain Area Fee: Prior to recordation of the final map, the applicant shall pay the required Storm Drain Area fee. 24. 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 Storm water Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. Prior to occupancy, 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: a. The stormwater management facilities were constructed in compliance with the approved plans. b. The as-built drawings show all pertinent constructed dimensions, elevations, shapes, and materials; c. All variations in construction from the approved design plan have been identified, including omissions to and additions from the approved plan; and d. Any changes are in conformance with local, state, or federal regulations 25. Operation and Maintenance of Stormwater ~revention fv1easures: Prior to recordation of the final map, the applicant shall execute an agreement and provide security for the operation and maintenance of stormwater pollution prevention City Council Resolution Upholding an Appeal/Deleting Pedestrian Easement from Planning Commission Approval & Adopting the Mitigated Negative Declaration PLN2005-48 - 500 W. Latimer Avenue - Tentative Subdivision Map Page 8 measures installed or provided as a part of this project. 26. 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. 27. Demolition: Prior to recording of the final map the applicant shall obtain a demolition permit and remove any nonconforming structures. FIRE DEPARTMENT 28. Fire Department (EnQ~urnaround Reauired: Provide an approved fire department engine roadway turnaround with a minimum radius of 36 feet outside and 23 feet inside. Installations shall conform to Fire department standard details and specification sheet A-1. Cul-de-sac diameters shall be no less than 72 feet. PASSED AND ADOPTED this roll call vote: 2nd day of Auqust , 2005, by the following AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Burr, Hernandez, Watson, Kennedy None None None APPRO'. /' /~ane P. Kennedy, Mayo (/ NON-PARTICIPATING: COUNCILMEMBERS: Fur~a