CC Resolution 10727
RESOLUTION NO. 10727
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING A TENTATIVE SUBDIVISION MAP
(PLN2006-66) TO CREATE 15 RESIDENTIAL LOTS AND ONE
COMMON LOT ON PROPERTY OWNED BY MR. NICK GERA
LOCATED AT 154 & 160 S. FIRST STREET IN A P-D (PLANNED
DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. NICK
GERA. FILE NO: PLN2006-66.
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 File No. PLN2006-66:
1. The proposed creation of 15 lots at a density of 10.6 units per gross acre is
consistent with the Low-Medium Density Residential (6-13 units per gross acre)
General Plan land use designation for the property.
2. The proposed Tentative Subdivision Map is consistent with the Planned
Development Zoning Ordinance.
3. The provisions of the Covenants, Conditions and Restrictions are necessary to
ensure the long-term maintenance of the common driveway, architectural integrity
and common landscaping areas.
4. 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.
5. The proposed project, to the extent feasible, includes provisions for access to
natural air and light for all of the units.
6. The provisions of the Covenants, Conditions and Restrictions are necessary to
ensure the long-term property maintenance and continued architectural integrity of
the project.
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:
City Council Resolution
PLN2006-66 - 154 & 160 S. First Street - Tentative Subdivision Map
Page 2
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.
THEREFORE, BE IT RESOLVED that the City Council approves a Tentative
Subdivision Map (PLN2006-66) to allow the creation of 15 residential lots and one
common lot on property owned by Mr. Nick Gera located at 154 & 160 S. First Street 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:
1. Approved Proiect: Approval for a Tentative Subdivision Map to create 15 residential
lots and a common lot on properties located at 154 & 160 S. First Street. The site
design and subdivision design shall substantially conform to the project exhibits
listed below, except as may be modified by the conditions of approval herein:
City Council Resolution
PLN2006-66 - 154 & 160 S. First Street - Tentative Subdivision Map
Page 3
a. Tentative Subdivision Map prepared by Mark Helton, Giuliani & Kull, Inc., dated
July 31,2006.
b. The Public Works Department and Community Development Director shall clarify
that the setback between the structures and the property lines are a minimum of
three feet.
2. Approval Expiration: The Tentative Subdivision Map approval is valid for a period of
two years from the date of final approval, unless an extension is granted prior to the
expiration date.
3. Planned Development Permit Approval: Valid 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. 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:
a. Formation of a Homeowner's Association to ensure the long-term maintenance of
landscaping, fences, sound walls and driveways.
b. Continued architectural controls to ensure the architectural integrity of the
project.
c. Definition of common landscape and driveway areas to be maintained and
provisions for maintenance of these areas.
d. A funding mechanism to ensure maintenance and upkeep of common landscape
and shared driveway(s).
e. On-going maintenance of the required front yard landscaping for the project.
f. Requirement for the availability of garage space for the parking of vehicles at all
times.
g. A prohibition on the use of parking spaces for storage purposes, including boats,
trailers, and recreational vehicles.
PUBLIC WORKS
5. 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, pay various fees/deposits and submit the map in a
digital format acceptable to the City.
City Council Resolution
PLN2006-66 - 154 & 160 S. First Street - Tentative Subdivision Map
Page 4
6. Preliminary Title Report: Upon submittal of the final map, the applicant shall provide
the Public Works Department with a current (within the past 6 months) Preliminary
Title Report.
7. 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 along the S. First Street frontage to
accommodate 10 feet of right-of-way from curb face to back of walk. 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.
8. Public Service Easement: Upon recordation of the final map, the applicant shall
grant a 5 foot public service easement on private property along the S. First Street
frontage. Further, the applicant shall grant a 15 foot public service easement on
private property along the northerly property line adjacent to the City parking
structure. 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.
9. 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.
10. 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.
11. 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:
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 approaches, sidewalk, curb and gutter.
d. Installation of City approved street trees at 20 feet on center, including sod and
irrigation.
City Council Resolution
PLN2006-66 - 154 & 160 S. First Street - Tentative Subdivision Map
Page 5
e. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway
approach.
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 streetlights, conduits, conductors and related facilities in
accordance with the City of Campbell's Street Lighting Policies.
h. Installation of traffic control, stripes and signs.
i. Construction of conforms to existing public and private improvements, as
necessary.
12.Additional Street Improvements: Should any new utility main lines or other work
required to service the development affect any public improvements, the City may
add conditions to the development/project, at the discretion of the City Engineer, to
restore pavement or other public improvements to the satisfaction of the City.
13. 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, and
the design engineer shall submit as-built drawings to the City.
14. Maintenance of Landscapinq: 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.
15. Utility Encroachment Permit: Separate 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.
16. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and
sewer c1eanout(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
PLN2006-66 - 154 & 160 S. First Street - Tentative Subdivision Map
Page 6
19. In-Lieu Utilitv UnderQroundinQ Fee: Owner/developer shall enter into an agreement
with the City that would require payment of an in-lieu utility undergrounding fee,
should the City establish such a fee within the next 7 years.
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. S. First Street 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.
22. GradinQ and DrainaQe 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.
23. Storm Drain Area Fee: Prior to recordation of the final map, the applicant shall pay
the required Storm Drain Area fee, currently set at $2,385 per net acre.
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
City Council Resolution
PLN2006-66 - 154 & 160 S. First Street - Tentative Subdivision Map
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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.
a. Upon submission of the tentative parcel map, 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.
b. Prior to issuance of grading or building permits 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.
c. The applicant shall also comply with any other or new conditions as required
by the City of Campbell's most current NPDES permit.
I
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.
Prior to occupancy, the applicant shall provide security for the operation and
maintenance of stormwater pollution prevention measures installed or provided as a
part of this project. Prior to recordation of the final map the applicant shall sign the
"Covenants for the Operation and Maintenance of Stormwater Facilities" and submit
a Stormwater Management Plan.
25. 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.
26. Covenants. Conditions. and Restrictions: Provide copies of CC&Rs for review by
the City prior to recordation of the final map and CC&Rs.
City Council Resolution
PLN2006-66 - 154 & 160 S. First Street - Tentative Subdivision Map
Page 8
27. Demolition: Prior to recording the final map the applicant shall obtain a demolition
permit and remove any nonconforming structures.
28. Vacation of Public Street and Easements: Prior to or concurrently with the
recordation of the final map, the applicant shall fully complete the street vacation
process. The applicant shall submit a vacation of excess right-of-way application for
approval by the City Engineer, pay the current application processing fee, process
the application with City staffs comments and fully complete the street vacation.
29. Traffic MitiQation: The applicant shall provide the City with a deposit of $2,500
to cover the costs of all traffic surveys and engineering analyses related
to stop warrant studies for the existing conditions and project conditions, and
construction costs should the studies indicate a need for stop signs.
PASSED AND ADOPTED this 16th
following roll call vote:
day of January
, 2007, by the
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Kennedy, Hernandez, Low,.Burr, Furtado
None
None
None
APPROVED: ~~ ~ ~~~
Daniel E. Furtado, Mayor
ATTEST:
ag~,-
Anne Bybee, City Clerk