CC Resolution 8819
,
RESOLUTION NO. 8819
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 1522 McCOY AVENUE IN AN R-1-6 (SINGLE
FAMILY RESIDENTIAL) ZONING DISTRICT. FILE NO.: TS 95-02.
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. 1S 95-02:
1. The proposed density of 4.4 units per gross acre is consistent with the
proposed general plan designation of low density residential (less than
six units per gross acre).
2. The proposed map is consistent with requirements for lots zoned R-l-6.
2. Sufficient parking is provided on lot 17 to serve the Church.
3. Provision of the emergency access through lot 17 provides sufficient
access to the site to increase the length of the cul-de-sac beyond the 500
foot limit contained in the San Tomas Area Neighborhood Plan.
4. The existing circulation system is adequate to serve the site.
S. 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.
6. 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.
"
City Council Resolution No. 8819
TS 95-02 - 1522 McCoy Avenue
Adopted on May 16, 1995
Page 2
2. The proposed subdivision improves the balance between the housing
needs of the region and public service needs of its residents and
available fiscal and environmental resources.
3. The design of the subdivision provides to the extent feasible for future
passive or natural heating or cooling opportunities.
4. The proposed project with the conditions and mitigation measures
imposed, will not have a significant adverse impact on the
environment and a Mitigated Negative Declaration has been prepared
for the project.
5. The proposed tentative subdivision will not be detrimental to the
health, safety, peace, morals, comfort or general welfare of the persons
residing or working in the neighborhood, or be detrimental or
injurious to property and improvements in the neighborhood or to the
general welfare of the City.
Based upon the above findings, the City Council does hereby approve of this
map subject to the Conditions of Approval contained in the attached Exhibit
A.
PASSED AND ADOPTED this 16th day of May, 1995, by the following roll call
vote:
AYES:
NOES:
ABSENT:
ABST AIN:
Councilmembers
Councilmembers
Councilmembers
Councilmembers
Watson, Dougherty, Conant, Wilkinson, Burr
None
None
None
ATTEST:
i/ ~
L~
Anne Bybee, lry Oerk
APPRDV~ ~~~
Donald R. Burr, Mayor
EXHIBIT A
Conditions of Approval
TS 95-02 - 1522 McCoy A venue
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.
1. Approved Project
Approval is granted for a Tentative Subdivision Map to allow the
creation of 17 lots. Development shall be substantially as shown on the
project materials listed below, except as may be modified by the
conditions contained herein:
a. Vesting Tentative Map dated received April 6, 1995 prepared for
Santa Clara Development Company consisting of three sheets.
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. Fire hydrants and appurtenances shall be provided and installed
at the locations specified by the Fire Marshall of the Central Fire
District.
c. Turn-around shall meet all Central Fire District Requirements.
d. Design of emergency access shall be approved by the Fire
Marshall of the Central Fire District.
Conditions of Approval
TS 95-02 - 1522 McCoy Avenue
Page 2
4. Parking for St. Tomas of Canterbury Church
Prior to recordation of the final map, a site plan providing a minimum
of 141 parking spaces for the church shall be provided.
Reconfiguration of the parking area shall be completed within one year
from the approval date of the Tentative Subdivision Map.
5. Tree Retention
a. Retention of the Coast Live Oak (tree #1 as shown on the Tree
Location Map on file with the Community Development
Department) shall be determined in conjunction with the Site
and Architectural Permit for the home on Lot three. Removal
shall be authorized if necessary to accommodate the future
home on the lot. If removed, replacement trees shall be
provided as specified in the Water Efficient Landscape Standards
(WELS).
b. All trees not specified for removal on the tentative subdivision
map shall be retained. All trees to be preserved shall be
protected during construction per the tree preservation
specification contained in WELS.
6. Noise
Construction activities shall be limited to 8 a.m. to 5 p.m., Monday
through Friday and 9 a.m. To 4 p.m. on Saturdays. No construction
activities shall take place on Sunday's or holiday's.
7. Cultural Resources
If archeological materials are uncovered during construction, all
earthwork within 100 feet of the materials shall be stopped. The
Planning Division shall be notified immediately upon discovery of any
archeological materials. The applicant shall have a professional
archeologist examine and determine the significance of the find. If
significant, the archeologist shall recommend mitigation measures for
review and approval by the Planning Division to be implemented by
the applicant. Work shall not commence until written authorization
has been provided by the Planning Division. The archeologist shall
Conditions of Approval
TS 95-02 - 1522 McCoy Avenue
Page 3
possess certification from the Society of California Archeology or the
Society of Professional Archeology.
8. Landscaping of San Tomas Aquino Creek
a. Applicant shall contact the Santa Clara Valley Water District
(SCVWD) regarding landscaping along the creek. A landscape
plan for the creek shall be approved by the Community
Development Director and the SCVWD. Landscaping plan shall
specify how said landscaping will be maintained, and size, type
and quantity of vegetative materials to be installed.
b. Should the SCVWD refuse to allow landscaping, the applicant
shall provide verification of said denial to the Community
Development Department.
9. Purchase of 12 foot strip by SCVWD
a. The tentative map indicates that a 12 foot wide strip adjacent to
San Tomas Aquino Creek is to be dedicated to the County of
Santa Clara Water District. The Santa Clara Valley Water
District has offered to purchase this strip from the Roman
Catholic Archbishop. Final Map shall be modified accordingly.
b. Should the purchase of this property not be completed prior to
approval of the final map, the land shall be incorporated into the
16 lot subdivision, the subdivision shall shifted to the east, or
the ownership and maintenance of the area shall be clarified to
the satisfaction of the City Engineer and Community
Development Director.
10. Home Design
a. Development of future homes on the site shall comply with the
requirements contained in the San Tomas Area Neighborhood
Plan.
Conditions of Approval
TS 95-02 - 1522 McCoy Avenue
Page 4
b. In conjunction with the Site and Architectural Approval of
future homes on the site, the applicant shall submit a landscape
plan providing a minimum of one tree per 2,000 square feet of
net lot area as required by the San Tomas Area Neighborhood
Plan.
11. San Tomas Area Neighborhood Plan (ST ANP)
All aspects of development shall comply with the San Tomas Area
Neighborhood Plan.
12. Streets and Related Improvements
a. Provide right-of-way dedications, as needed, for a 30 foot half
street on McCoy A venue and 40 foot full right-of-way width on
the minor local public access street in accordance with STANP.
b. Install on-site public street in accordance with STANP. Existing
curb and gutters along the McCoy A venue frontage shall be
removed and replaced, as determined during preparation of
street improvement plans, by a field inspection directed by the
City Engineer.
c. Install sidewalks on McCoy Avenue adjacent to the project, as
needed, based upon a field inspection directed by the City
Engineer
d. Install a pavement structural section of the on-site public street
based on a geotechnical investigation provided by the applicant
and traffic indexes provided by the City Engineer.
e. Install asphalt concrete overlay on McCoy A venue to mitigate
damage to the street because of utility trenching and related
subdivision work.
f. Install seal coat on McCoy A venue based upon a filed inspection
directed by the City Engineer.
g. Install street lights in accordance with the ST ANP.
Conditions of Approval
TS 95-02 - 1522 McCoy Avenue
Page 5
h. Install a cul-de-sac in accordance with STANP in order to
eliminate the sub-standard truncated street proposed on the
tentative subdivision map.
i. Install hardscape on the three foot strip of land between the edge
of pavement and southeasterly property line, opposite the
house, along the on-site public street, as approved by the City
Engineer.
j. Provide security fencing along the San Tomas Aquino Creek as
approved by the SCVWD.
13. Grading and Drainage Plan
Applicant shall provide a grading and drainage plans. Easements for
grading and drainage shall be shown on the final maps and offered for
dedication, as appropriate. Install on-site storm drainage system as
needed. Plans for the existing church (lot 17) shall be on a separate
sheet(s) at an appropriate scale for further evaluation. The church
must comply with parking to current City standards.
14. Design of City Storm Drains
Design of improvement plans for storm water conveyance facilities
shall be based on a 10 year storm frequency.
15. Hydrology and Hydraulic Report
Provide hydrology and hydraulic calculations.
16. Geotechnical Report
Provide a geotechnical report.
17. Landscape Improvements
Provide trees, irrigation and landscape improvements in the public
right-of-way in accordance with the STANP.
Conditions of Approval
TS 95-02 - 1522 McCoy Avenue
Page 6
18. Traffic Control Improvements
Comply with the Traffic Engineer's memorandum, dated April 10,
1995, as summarized below:
a. Design of the bollard installation for the emergency access shall
be approved by the City Engineer.
b. Dedicate easement for emergency and pedestrian use across Lot
17.
19. Landscape Maintenance
Record a deed restriction, in a form acceptable to the City Attorney,
notifying future property owners of the parcels abutting public streets,
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.
20. Sewers
Install a sanitary sewerage system to serve all lots in conformance with
the requirements of the West Valley Sanitation District.
21. Water Service
Install a water distribution system to serve all lots in conformance with
the requirements of the San Jose Water Company.
22. Flood Control
a. To prevent flooding, pad elevations shall be raised as stated in
the Hydraulic Analysis by Schaaf &Wheeler on file with the
Community Development Department and as directed by the
Santa Clara Valley Water District. Applicant shall submit
verification from SCVWD that pad elevations will be sufficient
to prevent flooding of buildings.
b. Applicant shall obtain all necessary permits from the Santa Clara
Valley Water District.
Conditions of Approval
TS 95-02 - 1522 McCoy Avenue
Page 7
23. Final Map
Submit a Final Map for review and approval by the City Engineer.
24. Utilities
Cause all electrical, telephone and CATV facilities to the new
subdivision to be installed underground, in accordance with the
provisions of Chapter 20.36.150 of the Municipal Code, prior to
occupancy.
25. 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.
26. Ti tIe Report
Furnish a copy of a current Preliminary Title Report.
27. 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.
28. Pedestrian Access Across Lot 17
Provide pedestrian access across Lot 17 to McCoy Avenue.
29. Park Impact Fees and Park Land Dedication
Dedicate land or pay fee in lieu of dedication, prior to recordation of the
Final Map, as determined by the Community Development Director.
30. Monumentation
Furnish the City with security guaranteeing the cost of setting all
monuments as shown on the Final Map.
Conditions of Approval
TS 95-02 - 1522 McCoy Avenue
Page 8
31. Encroachment Permit
Obtain an encroachment permit, pay fees and deposits for all work in
the public right-of-way.
32. 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.
33. 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.
34. Security
Provide guarantees for all public improvements by cash, bonds, letters
of credit or other legal instruments, acceptable to the City Engineer.
35. Agreement
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.
36. Bay Area Air Duality Management District Requirements
Implement the following mitigation measures:
a. The developer shall water all exposed or disturbed soil surfaces
as necessary to control dust, not less than twice daily.
, ,
Conditions of Approval
TS 95-02 -1522 McCoy Avenue
Page 9
b. Areas of digging and grading operations shall be watered to
control dust.
c. Grading or other dust-producing activities shall be suspended
during periods of high wind when dust is readily visible in the
air.
d. Stockpiles of soil, debris, sand, or other dust-producing materials
shall be watered or covered.
e. The construction area and the surrounding streets shall be swept
daily.
f. The speed of all vehicles on-site shall be limited to 15 miles per
hour.
37. Standard Specifications & Details
Comply with the current City of Campbell Standard Specifications and
Details for Public Works Construction.
38. Subdivision and Land Developments
Comply with Title 20 of the Municipal Code concerning Subdivision
and Land Development.
39. Streets and Sidewalks
Comply with Title 11 of the Municipal Code concerning Streets and
Sidewalks.
40. Record Title Interests and Easements
Comply with Section 66436 of the Subdivision Map Act.
.,. . . \.
Conditions of Approval
TS 95-02 -1522 McCoy Avenue
Page 10
41. Flood Control Channel Hazards
a. Applicant shall coordinate with SCVWD regarding public safety
issues related to the adjacent flood control channel and submit
plans, acceptable to the SCVWD, the Community Development
Director, City Engineer and City Attorney, addressing safety
fencing, maintenance and hazard prevention along the channel.
b. Should the SCVWD refuse to permit fencing, the applicant shall
provide verification of said denial to the City Engineer.