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
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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
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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
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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
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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
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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
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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.