CC Resolution 10967
RESOLUTION NO. 10967
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING A REINSTATEMENT OF APPROVAL
(PLN2008-129) TO GRANT A TWO-YEAR APPROVAL OF A
PREVIOUSLY APPROVED TENTATIVE SUBDIVISION MAP
(PLN2005-80) TO CREATE 44 LOTS (40 RESIDENTIAL LOTS, THREE
PUBLIC SERVICE LOTS AND ONE COMMON LOT) ON PROPERTIES
LOCATED AT 511 & 555 W. CAMPBELL AVENUE IN A P-D
(PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION MS.
KATHY ROBINSON, ON BEHALF OF CATHOLIC CHARITIES. FILE
NO.: PLN2008-129.
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 Planning Commission did find as
follows with respect to application PLN2008-129.
1. The proposed creation of 43 lots (40 residential/3 public service) and one common lot
at a density of 9.4 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 access driveway and landscaping.
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).
City Council Resolution
PLN2008-129 - 511 & 555 W. Campbell Avenue
Reinstatement of Approval- Tentative Subdivision Map (PLN2005-80)
Page 2
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
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 Reinstatement of
Approval (PLN2008-129) to grant a two-year approval of a previously approved Tentative
Subdivision Map (PLN2005-80) to allow the creation of 44 lots (40 residential lots, three
public service lots and one common lot on property located at 511 & 555 W. Campbell
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.
City Council Resolution
PLN2008-129 - 511 & 555 W. Campbell Avenue
Reinstatement of Approval - Tentative Subdivision Map (PLN2005-80)
Page 3
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division:
1. Approved Proiect: Approval for a Tentative Subdivision Map to create 40 residential
lots, three (3) public service lots, and one common lot, on properties located at 511 &
555 W. Campbell Avenue. 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:
a. Tentative Subdivision Map prepared by Charles Davidson Company, dated
September 6, 2005, including a lot plan, preliminary grading and drainage plan,
utility plan and demolition plan.
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
buildings and property.
b. Continued architectural controls to ensure the architectural integrity of the project.
c. Definition of common areas to be maintained and provision of maintenance for
these areas.
d. A funding mechanism to ensure maintenance and upkeep of common areas and
shared access facilities.
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.
City Council Resolution
PLN2008-129 - 511 & 555 W. Campbell Avenue
Reinstatement of Approval - Tentative Subdivision Map (PLN2005-80)
Page 4
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.
6. Preliminarv Title Report: Upon submittal of the tract map, the applicant shall provide a
current (within the past 6 months) Preliminary Title Report.
7. Public Service Easement and Sidewalk Easement: Upon recordation of the Final Map,
the applicant shall grant a 5' public service easement and sidewalk easement on
private property contiguous with the public right-of-way along the Campbell 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.
8. Private Easements: Upon recordation of the Final Map, the applicant shall have private
easements to be recorded for private utilities, private storm drains, reciprocal ingress
and egress, emergency vehicles, etc.
9. 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.
10. 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 and necessary sidewalk, curb and gutter.
d. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway
approach.
e. Installation of asphalt concrete overlay per street pavement restoration plan for
utility installation and/or abandonment, as required by the City Engineer.
f. Installation of street trees at 40 feet on center.
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.
City Council Resolution
PLN2008-129 - 511 & 555 W. Campbell Avenue
Reinstatement of Approval - Tentative Subdivision Map (PLN2005-80)
Page 5
i. Construction of conforms to existing public and private improvements, as
necessary.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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 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.
16. 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. Campbell Avenue 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.
17. Gradino and Drainaoe 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.
City Council Resolution
PLN2008-129 - 511 & 555 W. Campbell Avenue
Reinstatement of Approval- Tentative Subdivision Map (PLN2005-80)
Page 6
18. Storm Drain Area Fee: Prior to recordation of the Final Map, the applicant shall pay the
most current Storm Drain Area fee, currently set at $2,385 per net acre, which is
$7,131 (subjectto change).
19. 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 Stormwater Quality:
A Companion Document to Start at the Source ("Using Site Design Techniques") by
BASMAA,2003.
REQUIREMENTS FOR GROUP 1 AND GROUP 2 PROJECTS:
a. Upon submission of the tentative map, the applicant shall calculate and submit to
the City the amount of impervious surface created by the development.
b. The applicant's designer or engineer shall submit the required certification for
sizing, selection, and preliminary design of treatment BMP's for the project site to
meet the requirements of the City of Campbell's NPDES permit, No. 01-119,
Provision C.3.
c. The applicant shall comply with the requirements of the NPDES Construction
General Permit.
d. Upon submission of the Final Map, the applicant shall sign the "Covenants for the
Operation and Maintenance of Stormwater Facilities".
e. The applicant shall also comply with any other or new conditions as required by the
City of Campbell's NPDES permit.
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.
City Council Resolution
PLN2008-129 - 511 & 555 W. Campbell Avenue
Reinstatement of Approval- Tentative Subdivision Map (PLN2005-80)
Page 7
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.
20. Operation and Maintenance of Stormwater Pollution Prevention Measures: 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
measures installed or provided as a part of this project.
21. State General Construction Activitv 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.
22. Covenants. Conditions. and Restrictions: Provide copies of CC&Rs for review by the
City prior to recordation of the Final Map and CC&Rs.
23. Demolition: Prior to recording of the Final Map the applicant shall obtain a demolition
permit and remove any nonconforming structures.
PASSED AND ADOPTED this 18th day of _ NOvem?er
roll call vote:
, 2008, by the following
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Furtado, Kennedy, Low, Hernandez, Burr
None
None
None
ATTEST:
~e~~
APPRO~ n~_~
Donald R. Burr, Mayor