CC Resolution 11256RESOLUTION NO. 11256
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING A TENTATIVE VESTING SUBDIVISION
MAP (PLN2010-163) TO SUBDIVIDE THE PROPERTY OWNED BY
GALE DRIVE LLC LOCATED AT 700 GALE DRIVE IN A P-D
(PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION
OF VALLEY OAK PARTNERS, LLC. FILE NO: PLN2010-163.
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. PLN2010-163:
Environmental Finding
1. 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).
Evidentiary Findings
2. The creation of 21 private residential parcels and one common-ownership
parking/open space parcel is consistent with the proposed Low-Medium Density
Residential (6-13 units per gross acre) General Plan land use designation.
3. The maximum density allowed under the proposed General Plan land use
designation is 13 units per gross acre and the project provides 11.1 units per gross
acre.
4. The proposed Tentative Vesting Subdivision Map is consistent with the Planned
Development Zoning Ordinance.
5. The common lot would consist of common access driveways, shared parking spaces
and landscaping.
6. The proposed project includes provisions for access to natural air and light for all of
the units.
7. The Tentative Vesting 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.
Specific comments from local agencies have been incorporated as Conditions of
Approval.
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1. The provisions of the Covenants, Conditions and Restrictions are necessary to
ensure the long-term property maintenance and continued architectural integrity of
the project.
Based on the foregoing findings of fact, the City Council further finds and concludes
that:
1. The proposed Tentative Vesting Subdivision Map is consistent with the proposed
General Plan and Zoning Ordinance of the City.
2. The proposed Tentative Vesting 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 Vesting 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 Vesting
Subdivision Map (PLN2010-163) for subdivision of the property owned by Gale Drive
LLC located at 700 Gale Drive 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.
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COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division:
Approved Project: Approval is granted for a Tentative Vesting Subdivision Map
(PLN2010-163) to create 21 residential parcels and one common-ownership
parking/open space parcel in conjunction with a General Plan Amendment
(PLN2010-160), Zoning Change (PLN2010-161), Planned Development Permit
(PLN2010-163), and Tree Removal Permit (PLN2010-164) on property located at
700 Gale Drive. The Final Subdivision Map shall substantially conform to the
Tentative Vesting Subdivision Map prepared by Carlson, Barbee and Gibson, Inc.
and dated as received by the Planning Division on January 11, 2011, except as may
be modified by the Conditions of Approval herein:
a. Increase the main drive aisle unobstructed paved width to a minimum of 26 feet
as necessary to accommodate Fire Department Ladder Truck accessibility.
2. Approval Expiration: The Tentative Vesting 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. Recordation of a Final Map must occur within
this two-year period.
3. Planned Development Permit: The Vesting Tentative Subdivision Map is contingent
upon the Planned Development Permit (PLN2010-162). A Final Subdivision Map
may not be recorded if the Planned Development Permit expires or is revoked by the
City Council.
4. Park Impact Fee: A park impact fee is due upon development of the site, based on
the development density of 6 to 13 units per gross acre, and 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. The
fee is currently set at $9,415.00 per unit. This fee is subject to change and the fee in
effect at the time of payment shall be the fee due.
5. Grading and Drainage Plans and Building Height: The maximum building height of
each structure shall not exceed 35 feet from the pad height noted on the Grading
and Utility Plan (Sheet C2), unless a lower building height has been approved for the
specific parcel. Any variation in height that exceeds six (6) inches from the pad
height elevations noted within the Preliminary Grading and Utility Plan shall be
returned back to the Planning Commission for further consideration.
6. Pad Certification: Following site grading and prior to preparation of individual
building pad forms, the following improvements shall be certified by a licensed land
surveyor and reviewed by the Community Development Director to determine
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consistency with the Planning Commission approved plan (grade, pad and
drainage).
7. Demolition of Structures: Prior to recordation of the Subdivision Map the applicant
shall obtain a building permit for the demolition of all non-conforming structures.
8. 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.
9. Covenants Codes and Restrictions (CC&R's): Prior to recordation of the final map,
the applicant shall submit for review and approval by the City a copy of the draft
CC&R's which shall include the following:
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
while allowing for each of the individual units to utilize any of the 15 approved
color schemes.
c. Definition of common areas to be maintained and provision of maintenance for
these areas.
d. Provision for the recordation of private open space easements between the
residences to allow each residence adequate private open space, depicted as
private patio areas on Sheet A0.1 of the approved project plans. The recorded
easements shall define ownership, rights of use, allowable landscape or open
space improvements and access rights for the subject property owners.
e. Provision of a funding mechanism to ensure maintenance and upkeep of
common areas.
f. Provision to provide ongoing maintenance of the required private roadways,
landscaping, and sound walls as necessary. Graffiti removal from sound walls
and fences within a reasonable period of time.
g. Provision that requires ongoing maintenance of 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.
h. Provision for regular monitoring and maintenance of the mechanical stormwater
treatment devices, in accordance with the manufacturer's recommendations.
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Provision for regular monitoring and maintenance of the private sanitary system
as described by the designing engineering, and as approved by the City
Engineer.
Provision for the availability of interior garage space for the parking of two
vehicles at all times.
k. Provision to prohibit the use of outside parking spaces for storage purposes,
including boats, trailers, and recreational vehicles.
PUBLIC WORKS DEPARTMENT
10. 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 digital
format acceptable to the City.
11. Covenants, Conditions. and Restrictions: Provide copies of CC&R's for review and
approval by the City prior to recordation of the final map and CC&R's.
12. Preliminary Title Report: Upon submittal of the tract map, the applicant shall provide
a current (within the past 6 months) Preliminary Title Report.
13. Private Sanitary Sewer Easement: The applicant proposes to obtain a sanitary
sewer easement over 635 W. Latimer Avenue to serve the development with
sanitary sewer facilities. Prior to the recordation of the final map, the applicant shall
provide the City with necessary recorded documentation to ascertain the applicant's
legal right to use the adjacent property along W. Latimer Avenue (635 W. Latimer
Avenue) based on the approved Tentative Vesting Subdivision Map. If the easement
cannot be obtained, prior to recordation of the final map, the applicant shall provide
the City the documentation, as required by the City Engineer, indicating how the site
will be served with sanitary sewer facilities.
14. Private Easements: Upon recordation of the final map, the applicant shall cause
private easements to be recorded for private open space, private utilities, private
storm drains, reciprocal ingress and egress, emergency vehicles, etc.
15. Demolition: Prior to recording of the final Map, the applicant shall obtain a
Demolition Permit and remove any nonconforming structures.
16. 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.
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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. Grading and Drainage Plan: Prior to recordation of the final map, 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. Prior to occupancy, the design engineer shall provide written
certification that the development has been built per the engineered grading and
drainage plans.
19. Storm Drain Area Fee: Prior to issuance of any grading or building permits for the
site, the applicant shall pay the required Storm Drain Area fee of $2,385 per net
acre, which is $4,174.00.
20. Tree Removal Permit: To accommodate the required street improvements, trees will
be removed as part of this project and additional trees will be installed to replace the
trees removed.
21. 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, unless otherwise approved
by the City Engineer:
a. Show location of all existing utilities within the new and existing public right-of-
way.
b. Relocation of all existing facilities, including utility boxes, covers, poles, etc.
outside the sidewalk area. No utility boxes, covers, poles, etc. will be allowed in
the sidewalk area.
c. Removal of existing driveway approaches and necessary sidewalk, curb and
gutter.
d. Removal of existing streetlight.
e. Installation of City approved street trees and irrigation.
f. Installation of City standard curb, gutter, sidewalk, park strip and ADA compliant
driveway approach.
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g. Installation of street lights, conduits, conductors, and related facilities in
accordance with the City of Campbell's Street Lighting Policies.
h. Installation of traffic controls, stripes, and signs.
i. Construction of conforms to existing public and private improvements as
necessary.
j. Submit final plans in a digital format acceptable to the City.
22. Maintenance of Landscaping: Current and future owner(s), including HOA
ownership, 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.
23. 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.
24. Utilities: All new 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.
25. 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.
26. 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. Gale Drive has not been resurfaced during the last five 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.
27. Utility Encroachment Permit: Separate permits for the installation of utilities to serve
the development will be required (including water, sewer, gas, electric, etc.).
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Applicant shall apply for and pay all necessary fees for utility permits for sanitary
sewer, gas, water, electric, and all other utility work.
28. Additional Street Improvements: Should it be discovered after the approval process
that new utility main lines, extra utility work or other work is required to service the
development, and should those facilities or other work affect public improvements,
the City may add conditions to the development/project/permit, at the discretion of
the City Engineer, to restore pavement or other public improvements to the
satisfaction of the City.
29. 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.
Upon submission of the tentative vesting map, the applicant shall calculate and
submit t the City the amount of impervious surface created by the development
including the types of stormwater controls to be used. The applicant shall submit
preliminary sizing and design showing stormwater controls meet the City's
requirements.
Prior to recordation of the final map:
a. 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.
b. The applicant shall sign the "Covenants for the Operation and Maintenance of
Stormwater Facilities" and submit a Stormwater Management Plan.
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Prior to occupancy:
a. 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:
The stormwater management facilities were constructed in compliance with
the approved plans.
2. The as-built drawings show all pertinent constructed dimensions, elevations,
shapes, and materials.
3. All variations in construction from the approved design plan have been
identified, including omissions to and additions from the approved plan.
4. Any changes are in conformance with local, state, or federal regulations.
b. The applicant shall provide security for the operation and maintenance of
stormwater pollution prevention measures installed or provided as a part of this
project.
The applicant shall also comply with any other or new conditions as required by the
City of Campbell's most current NPDES permit.
30.Occupancy and Building Permit Final: Prior to allowing occupancy and/or final
building permit signoff 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.
31. Santa Clara Valley Water District: Prior to issuance of any permits for grading,
landscaping, or building or the recordation of the final map, the applicant shall obtain
a clearance from the SCVWD.
32. 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.
WEST VALLEY SANITATION DISTRICT OF SANTA CLARA COUNTY
33. Sewer connection: The applicant will be required to abandon all existing sewer
connections and construct a new privately maintained sewer system for the new
homes. This private sewer system must be designed and constructed to the district's
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public sewer standard. Pursuant to district ordinance, code Section 10.130 "TIME
OF PAYMENT OF SEWER CONNECTION AND TREATMENT PLANT CAPACITY
FEES", THE APPLCIANT IS REQUIRED TO PAY ALL APPLICABLE FEES PRIOR
TO THE ISSUANCE OF A "Non-Interference" letter for the recordation of the Final
Map.
AT&T
34. Public Utility Easement: The applicant will be required to dedicate the common area
as a Public Utility Easement in order to provide service to the individual Lots.
SANTA CLARA VALLEY WATER DISTRICT
35. Fee Title Right-of-Way: The Subdivision Map shall be modified to clearly show and
identify the District's adjacent fee title right of way to ensure that there is no
encroachment onto the District's adjacent property.
36. Water District Trees: Trees located near the property line and identified for removal
along San Tomas Aquino Creek shall be clearly identified whether they are inside or
outside of the project limits. Trees located on the Water District right-of-way shall not
be removed without District approval.
37. Storm Drainage: Storm drainage shall be directed to a public storm drain system
utilizing existing outfalls. Existing outfall pipes may be enlarged if needed to
accommodate the development.
38. District Permit: A District Permit is required for any construction including outfall
modification on district property.
39. Sewer connection: The applicant will be required to abandon all existing sewer
connections and construct a new privately maintained sewer system for the new
homes. This private sewer system must be designed and constructed to the district's
public sewer standard. Pursuant to district ordinance, code Section 10.130 "TIME
OF PAYMENT OF SEWER CONNECTION AND TREATMENT PLANT CAPACITY
FEES", THE APPLCIANT IS REQUIRED TO PAY ALL APPLICABLE FEES PRIOR
TO THE ISSUANCE OF A "Non-Interference" letter for the recordation of the Final
Map.
City Council Resolution
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PASSED AND ADOPTED this 15th day of February , 2011, by the following roll
call vote:
AYES: COUNCILMEMBERS: Waterman, Low, Cristina, xotowski, Baker
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
APPROVED: ~''~ ~~-
-~ Jas n T. Baker, Mayor
j/ b
ATTEST: ~~'~~' .
Anne Bybee, City Clerk