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CC Resolution 8839 RESOLUTION NO. 8839 BEING A RESOLUTION OF THE CITY COUNCIL, CITY OF CAMPBELL, APPROVING OF A TENTATIVE SUBDIVISION MAP, LANDS OF SANTA CLARA DEVELOPMENT, ON PROPERTY LOCATED AT 845-885 SAN TOMAS AQUINO ROAD AND 1315 ELAM A VENUE IN A PD (PLANNED DEVELOPMENT) ZONING DISTRICT. FILE NO.: TS 95-01 After notification and public hearing as specified by law on the application for approval of a Tentative Subdivision Map as referenced in the above heading; as per the application filed in the Planning Department; 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 File No. TS 95-01: 1. The proposed density of 7.6 units per gross acres is consistent with the proposed low-medium density residential land use designation of 6-13 units per gross acre. 2. The lots fronting San Tomas Aquino Road and Elam Avenue are oriented toward the street as prescribed by the San Tomas Area Neighborhood Plan. 2. The lot pattern along Elam Avenue is compatible with the lot pattern of the existing single family homes adjacent to the site on Elam Avenue. 3. The existing circulation system is adequate to serve the site. 4. The City of Campbell has prepared an Initial Study for the project in order to determine if the project would have a significant environmental impact. 5. No substantial evidence has been presented which shows that the project, subject to conditions of approval, will have a significant negative impact on the environment. Based upon the foregoing findings of fact, the City Council concludes that: 1. The proposed subdivision is consistent with the proposed General Plan designation. " Exhibit A Conditions of Approval TS 95-01 -- 845-885 San Tomas Aquino Road/1315 Elam Avenue The applicants are notified as part of this application that they are required to comply with all applicable Codes and Ordinances of the City of Campbell and the State of California which pertain to this application and are not herein specified and that this approval is granted subject to the following Conditions of Approval. 1. Approved Project Approval is granted for a Tentative Subdivision Map to allow the creation of 24 lots. Development shall be substantially as shown on the project materials listed below, except as may be modified by the condi tions contained herein: A. Vesting Tentative Map dated March 1995 and revised June 2, 1995 prepared for Santa Clara Development Company consisting of two sheets. B. Site Plan, sheet C-l dated May 1995 prepared for Santa Clara Development Company consisting of one sheet. 2. Property Maintenance: The applicant is hereby notified that the property is to 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. Section 11.201 & 11.414, 1985 Ed. Uniform Fire Code. 3. Roadways and Hydrants A. Roadways and hydrants to be in place prior to start of framing. B. Provide approved a minimum of 2 public fire hydrants flowing not less than 1000 GPM, @ 20 PSI Residual. Fire hydrants and appurtenances shall be provided and installed at the locations specified by the Fire Marshall of the Central Fire District. Conditions of Approval TS 95-01 -- 845-885 San Tomas Aquino Road/1315 Elam Avenue Page 2 4. San Tomas Area Neighborhood Plan (STANP) All aspects of the site and the residential unit development shall comply with the San Tomas Area Neighborhood Plan except as other wide amended. 5. Streets and Related Improvements A. Provide right-of-way dedication, as necessary, for a 25 foot half street on Elam Avenue and a 28 foot half street on San Tomas Aquino Road. B. Install curbs and gutters along property frontage on San Tomas Aquino Road and Elam Avenue to meet current City standards as determined by a field inspection directed by the City Engineer. C. Install new sidewalks on Elam Avenue, a major local access street, and on San Tomas Aquino Road, a minor collector street, as required in the STANP. D. Install asphalt concrete overlay on Elam A venue and San Tomas Aquino Road to mitigate damage to the street because of utility trenching and related subdivision work, as determined by the Ci ty Engineer. E. Install street lights, as necessary, to meet current City standards as determined by the City Engineer and in accordance with the STANP. F. The details of the modified cul-de-sac on the private street must be approved by the Fire Marshall and City Engineer. G. Street on the interior of the site shall be designated as a private street on the final map. The street is currently designated as a public street on the tentative map. H. Install handicap ramp at the northwest corner of San Tomas Aquino Road and Elam Avenue. Conditions of Approval TS 95-01 -- 845-885 San Tomas Aquino Road/1315 Elam Avenue Page 3 6. Grading and Drainage Plan Provide grading and drainage plans. Easements for grading and drainage shall be shown on the final maps and offered for dedication, as appropriate. 7. Storm Water Design Design storm drain improvement plans for 10 year storm frequency. 8. Hydrology and Hydraulic Report Applicant shall provide hydrology and hydraulic calculations prior to the issuance of building permits. 9. Geotechnical Report Applicant shall provide a geotechnical report prior to the issuance of a building permit. 10. Landscape Improvements Provide trees and landscape improvements in the public right-of-way on San Tomas Aquino Road in accordance with the STANP. 11. Landscape Maintenance Record a deed restriction, in a form acceptable to the City Attorney, notifying future property owners of the parcels abutting Elam Avenue and San Tomas Aquino Road that per Chapter 11.018.150 of the Campbell Municipal Code, owners of private property shall be responsible for the maintenance of street trees and shrubs in the parkway abutting such private property. 12. Sewers Install a sanitary sewerage system to serve all lots in conformance with the requirements of the West Valley Sanitation District. Conditions of Approval TS 95-01 -- 845-885 San Tomas Aquino Road/1315 Elam Avenue Page 4 13. Water Service Install a water distribution system to serve all lots in conformance with the requirements of the San Jose Water Company. 14. Flood Control Implement the requirements of the Santa Clara Valley Water District. 15. Fire Hydrants Provide fire hydrants and appurtenances at the location specified by the Fire Marshall of the Central Fire District. 16. Final Map Submit a Final Map for review and approval by the City Engineer. Final map shall be approved prior the issuance of building permits. 17. Utilities Cause all electrical, telephone and CATV facilities to be installed underground, in accordance with the provisions of Chapter 20.36.150 of the Municipal Code, prior to occupancy. 18. Utility Construction Coordination in Public Right-of-Way Submit a Utility Coordination Plan, for approval by the City Engineer, for installation of electrical, telephone and Cable Television improvements to minimize damage to City streets, sidewalks and related facilities. 19. Title Report Furnish a copy of a current Preliminary Title Report. 20. Storm Drain Area Fee Pay the then current storm drainage area fee prior to recording of the Final Map or issuance of the encroachment permit, whichever occurs first. Current amount is $1,950 per acre. Conditions of Approval TS 95-01 -- 845-885 San Tomas Aquino Road/1315 Elam Avenue Page 5 21. Park Impact Fees and Park Land Dedication Dedicate land or pay fee in lieu of dedication, prior to recordation of the Final Map. 22. Monumentation Furnish the City with security guaranteeing the cost of setting all monuments as shown on the Final Map. 23. Encroachment Permit Obtain an encroachment permit, including payment of all fees and deposits for work conducted in the public right-of-way. 24. Maintenance Agreement Furnish an agreement, acceptable to the City, prior to the recordation of the Map, which shall provide for the on-going financial responsibility of each lot created by the proposed Map (upon their sale) to the Homeowners Association for the maintenance of private street and common areas. Said agreement to include a Consumer Price Index factor (CPI) for fee adjustment and shall be incorporated into the CC&R's for the project. 25. Development and Maintenance Documents Submit the following documents which demonstrate, to the satisfaction of the City, that the entire project will be developed and maintained in accordance with the intent and purpose of the approvals. A. Final Title Report that guarantees title. B. Management and Maintenance Agreement to be entered into with the owners of the project units. C. Covenants, Conditions and Restrictions (CC&R's) to be recorded. Conditions of Approval TS 95-01 -- 845-885 San Tomas Aquino Road/1315 Elam Avenue Page 6 26. Condition, Covenants and Restrictions Submit Covenants, Conditions and Restrictions (CC&R's) to the City for review, which contain provisions for a Homeowners' Association, to have an unqualified right to assess owners to individual units for reasonable maintenance of common areas and improvements. The Homeowners' Association shall have the right to lien units of the owners who default in the payment of any assessment so provided. Such lien shall not be subordinated to any encumbrance. Any deed of trust recorded prior to said CC&R's shall be subordinated to the CC&R's. Any lien imposed shall not be superior to any lien for property taxes or government assessments. 29. Registered Civil Engineer/Land Surveyor Plans, specifications, calculations and designs for street improvements, grading and drainage improvements and the Final Map shall be prepared by a Civil Engineer or Land Surveyor, as appropriate, licensed in the State of California and submitted to the City Engineer for approval. 30. Completion Prior to Occupancy Complete construction of all required off-site and on-site improvements, including buy not limited to landscaping, sewer, water, curb and gutters, paving, drainage facilities and other required improvements prior to occupancy of any structure and/or the subdivider shall enter into an agreement, acceptable to the City, insuring the construction of such improvements within eighteen months of formal approval by the City. 31. Securi ty Provide appropriate guarantees to construct and maintain certain public and private improvements in accordance with the Conditions of Approval. Conditions of Approval TS 95-01 -- 845-885 San Tomas Aquino Road/1315 Elam Avenue Page 7 32. Agreemen t Complete and execute, to the satisfaction of the City Attorney and City Engineer, the City of Campbell's Standard Agreement for construction of public improvements. 33. American Disability Act and California Disability Access Regulations All improvements shall conform to the requirements of the American Disability Act and the California Disability Access Regulations, whichever applies. 34. Bay Area Air Quality Management District Requirements Implement the following mitigation measures: A. Water all exposed or disturbed soil surfaces as necessary to control dust but not less than twice daily. B. Consistently water areas of digging and grading operations. C. Suspend grading or other dust producing activities during high wind. D. Water or cover stock piles of soil debris, sand and other dust producing material. E. Sweep construction area and surrounding area daily. 35. Standard Specifications & Details Comply with the City of Campbell Standard Specifications and Details for Public Works Construction. 36. Subdivision and Land Developments Comply with Title 20 of the Municipal Code concerning Subdivision and Land Development. . . . Conditions of Approval TS 95-01 -- 845-885 San Tomas Aquino Road/1315 Elam Avenue Page 8 37. Streets and Sidewalks Comply with Title 11 of the Municipal Code concerning Streets and Sidewalks. 38. Record Title Interests and Easements Comply with Section 66436 of the Subdivision Map Act. 39. Private Street Name Applicant shall submit required application for a private street name designation. Further, the applicant is notified as part of this application that he is required to comply with all applicable Codes and Ordinances of the City of Campbell and the State of California which pertain to this development and are not herein specified.