CC Resolution 9614
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RESOLUTION NO. 9614
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING A TENTATIVE SUBDIVISION MAP (TS 99-01)
TO ALLOW THE CREATION OF 51 LOTS ON PROPERTY LOCATED AT
102-190 N. HARRISON A VENUE. APPLICATION OF SUMMERHILL
HOMES. FILE NO. TS 99-01.
After notification and public hearing, as specified by law, and after presentation by the
Community Development Staff, 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 TS 99-01:
1. The proposed subdivision density of 11.9 units per gross acre is no greater than the density
allowance of up to 27 units per gross acre permitted in the High-Density Residential
designation of the Land Use Element of the General Plan.
2. An initial study was prepared for this project and no significant environmental impacts were
found.
3. The provision of a maintenance agreement and CC&Rs requmng the formation of a
homeowner's association is necessary to ensure the long term property maintenance and
continued architectural integrity of the project.
Based upon the foregoing findings of fact, the City Council further finds and concludes that:
1. The proposed subdivision is consistent with the General Plan.
2. The proposed subdivision 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. No substantial evidence has been presented which shows that the project, as currently
presented, and subject to the required conditions, will have a significant adverse impact on
the environment.
4. No evidence has been presented which shows that the project will have a substantial impact
on plant or animal life.
The applicants are hereby notified, as part of this application, that they are required to meet the
following conditions in accordance with the Ordinances of the City of Campbell and the State of
California. The lead department with which the applicant will work is identified. Additionally,
the applicants are hereby notified that they are required to comply with all applicable Codes and
Ordinances of the City of Campbell and the State of California that pertain to this development
and are not contained herein.
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City Council Resolution
TS 99-01 - 102 to 190 N. Harrison Avenue - Summerhill Homes
Page 2
COMMUNITY DEVELOPMENT DEPARTMENT
1. Approved Proiect: Approval is granted for a Vesting Tentative Subdivision Map allowing the
creation of 51 residential lots and one common lots for the development of a project on
property located at 102- 190 North Harrison Avenue. The map shall substantially conform to
the map prepared by Wilsey Ham, Civil Engineer, dated as received 10-22-99, except as may
be modified by the Conditions of Approval herein.
2. Property Maintenance: The property shall be maintained free of any combustible trash, debris
and weeds, until the time that actual construction commences. All existing structures on the
property shall be secured by having windows boarded up and doors sealed shut, or be
demolished or removed from the property.
3. Park In-Lieu Fee: Applicant to pay a fee in-lieu of park dedication prior to recordation of the
final subdivision map.
4. Park Impact Fee: Applicant shall be advised that a park impact fee is required in addition to
the Park In-Lieu Fee prior to occupancy of any of the residential units. Credit shall be given
for the existing single-family residence on the property and fees paid at the time of map
recordation.
5. Tree Protection/Replacement Plan: Applicant to submit a tree protection plan for approval by
the Community Development Director addressing retention of existing trees and replacement
of removed trees consistent with the Water Efficient Landscaping Standards (WELS) prior to
issuance of building permits.
6. Covenants, Codes and Restrictions (CC&Rs): The applicant shall be required to submit for
review and approval by the City Attorney, City Engineer and Community Development
Director prior to recordation of the final parcel map a copy of the CC&Rs which includes the
following:
A. Formation of a homeowner's association to ensure the long-term maintenance of
buildings and properties.
B. Continued architectural controls to ensure the architectural integrity of the project and the
creation of an architectural review committee for the homeowners association.
C. Description and map illustrating "common" areas to be maintained.
D. Provision of maintenance for "common" landscaping within the project site by the
homeowner's association.
E. Provision for the long-term property maintenance of sound walls, common driveways and
streets, and common open space areas.
F. Provision of a funding mechanism to ensure maintenance and upkeep of "common" areas.
G. Provision to ensure availability of two garage parking spaces.
H. Provision to ensure screening and location of trash containers.
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City Council Resolution
TS 99-01 - 102 to 190 N. Harrison A venue - Summerhill Homes
Page 3
1. Naming of the City as a third party beneficiary with the opportunity to lien properties for
any breach of the maintenance agreement and CC&Rs.
DEPARTMENT OF PUBLIC WORKS
7. Vestine Tentative Map: The applicant shall revise the Tentative Map to include a typical
section for Salmar A venue and related information. The west side of the typical section on
Harrison A venue shall also be changed to show the new curb and gutter at 20 feet from
centerline with a 4.5 foot marginal sidewalk.
8. Final Map: Prior to issuance of any grading or building permits for the site, the applicant
shall submit a Final Tract Map for review by the City and recordation. The current plan
check fee is $1,450.00 plus $25 per lot.
9 Preliminary Title Report: Prior to recordation of the Final Tract Map, the applicant shall
provide a current Preliminary Title Report.
10 Rieht-of-Wav for Public Street Purposes: Prior to recordation of the Final Tract Map,
the applicant shall grant additional Right-of-Way for Public Street Purposes along the
Harrison A venue frontage as necessary to accommodate a 36 foot right-of-way easterly of
the centerline as shown on the Vesting Tentative Map. The applicant shall cause all
documents to be prepared for review by the City and recordation.
11. Public Service Easement: Prior to recordation of a Final Tract Map, the applicant shall
grant a 10 foot Public Service Easements on private property contiguous with the public
right-of-way along the east side of Harrison and Salmar Avenue. The applicant shall cause
all documents to be prepared by a registered civil engineer/surveyor for review by the City
and recordation.
12 Easements: Prior to recordation of the Final Tract Map, the applicant shall cause
Easements to be recorded on private property.
13. Monuments: Prior to recording Final Tract Map, applicant shall provide security
guaranteeing the cost of setting all Monuments shown on the record map, as determined by
the City Engineer.
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City Council Resolution
TS 99-01 - 102 to 190 N. Harrison Avenue - Summerhill Homes
Page 4
14. Street Improvements: Prior to recordation of the Final Tract Map, the applicant shall
execute a street improvement agreement and shall cause plans for public Street
Improvements to be prepared by a registered civil engineer, pay fees, post security and
provide insurance necessary to obtain an encroachment permit for construction of the public
improvements, as required by the City Engineer. The plans shall include the following:
East Side of Harrison A venue
. Removal of existing curb, gutter, and sidewalk.
· Removal of pavement to monumented centerline or as determined by the City
Engineer.
· Construction of standard curb, gutter, detached 4.5-foot non-marginal sidewalk,
pedestrian access ramps, and driveway approaches, all in compliance with ADA
requirements.
· Construction of pavement to monumented centerline, or as determined by the City
Engineer.
· Construction of sod, street trees with irrigation at 40 feet on center, all in the
parkway strip.
. Installation of streetlights.
. Removal of existing pole.
. Construction of street signs and stripes as necessary
· Construction of storm drain and related improvements from Grant A venue to
Salmar Avenue.
. Construction of conforms to existing improvements as necessary.
West Side of Harrison Avenue
. Removal of the curb return on the NW comer of Grant A venue and Harrison
A venue.
· Removal of pavement to the monumented centerline or as determined by the City
Engineer.
· Construction of standard curb at 20 feet from centerline, gutter, attached 4.5-foot
marginal sidewalk, pedestrian access ramps at Grant A venue, and driveway
approaches, all in compliance with ADA requirements.
· Construction of pavement to monumented centerline or as determined by the City
Engineer.
· Construction of sod, street trees with irrigation at 40 feet on center, all in the
parkway strip.
. Installation of streetlights.
. Construction of street signs and stripes as necessary.
. Construction of conforms to existing improvements as necessary.
15. Water Meter(s) and Sewer Cleanout(s): Existing and proposed Water Meter(s) and
Sewer Cleanout(s) shall be installed on private property behind the public right-of-way line.
City Council Resolution
TS 99-01 - 102 to 190 N. Harrison Avenue - Summerhill Homes
Page 5
16. 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.
17. Utilities: All new on-site Utilities shall be installed underground per Section 20.36.150 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.
18. Utility Installation Plan: Prior to issuance of building permits for the site, the applicant
shall submit a Utility Installation Coordination Plan and Schedule for approval by the City
Engineer for installation of street improvements and/or abandonment of all utilities.
Streets, which have been resurfaced within the previous 5 years, will require boring and
jacking for all new utility installations. Applicant shall also prepare pavement restoration
plans for approval by the City Engineer prior to any utility installation or abandonment.
19. Maintenance Security: Prior to issuance of occupancy approval for the site, all public
street improvements required by the street improvement agreement and the encroachment
permit must be completed and accepted by the City and the applicant must provide a one-
year Maintenance Security in an amount of 25% of the Faithful Performance Bond.
20. Gradine and Drainaee Plan: Prior to issuance of any grading or building permits for the
site, the applicant shall conduct hydrology studies based on a 10 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 1994 edition of the UBC including
Chapters 18,33, and Appendix Chapter 33.
21. Storm Drain Area Fee: Prior to recordation of the Final Tract Map, the applicant shall pay
the Storm Drain Area fee of $2,250 per acre.
22. Park Dedication Fees: Prior to recordation of the Final Tract Map, the applicant shall pay
75% of Park Dedication Fees which is 0.75 x $7,035 = $5,276.25 per unit.
23 Santa Clara Valley Water District (SCVWD): Prior to grading or recordation of the
Final Tract Map, the applicant shall obtain clearance from the SCVWD.
24. Storm Water Pollution Prevention Measures: Prior to issuance of any grading or
building permits, the applicant shall comply with the National Pollution Discharge
Elimination System (NPDES) permitting requirements and the California Storm Water Best
Management Practices handbook prepared by the Storm Water Quality Task Force, Santa
Clara Valley Water District and the City of Campbell Municipal Code regarding Storm
Water Pollution Prevention.
City Council Resolution
TS 99-01 - 102 to 190 N. Harrison Avenue - Summerhill Homes
Page 6
25. Conditions. Covenants. and Restrictions: Provide copies of CC&Rs for review by the
City prior to recordation of the Final Tract Map and CC&Rs.
26. Demolition: Prior to recording of the Final Tract Map the applicant shall obtain a
Demolition permit to remove all non-conforming structures.
PASSED AND ADOPTED this 16th day of
vote:
November
, 1999, by the following roll call
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Watson, Kennedy, Furtado
COUNCILMEMBERS: Dougherty, Dean
COUNCILMEMBERS: None
COUNCILMEMBERS: None ^ \ \
APPROVED: ~ ~ ~
Daniel E. Furtado~ Mayor
ATTEST:
t2..- ~
Anne Bybee, City Clerk