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CC Resolution 8604 RESOLUTION NO. 8604 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL, APPROVING A TENTATIVE SUBDIVISION MAP, ALLOW THE CREATION OF 36 SINGLE FAMILY LOTS AND ONE 4.1 ACRE PARK ON PROPERTY LOCATED 1510 HACIENDA AVENUE AS SHOWN IN EXHIBIT "A", APPLICATION OF CAMPBELL UNION SCHOOL DISTRICT, FILE NO. TS 93-03. 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 Community Development Department on August 19, 1993; 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 93-03 1. The proposed subdivision density of 3.8 units per gross acres is consistent with the proposed low density residential land use designation of less than 4.5 units per gross acre. 2. The proposed map is consistent with the minimum lot standards for the proposed R-1-9 (Single Family Residential) Zoning District in effect at the time this application was deemed complete. 4. The proposed subdivision integrates with the surrounding neighborhood as a result of the proposed lot orientation and arrangement, and the provision of streets connecting with those of the surrounding area. 5. The proposed subdivision reserves 4.1 acres for park facilities consistent with the Open Space Element of the General Plan. 6. The proposed park site is configured in such a way as to provide for both active and passive recreational opportunities. 7. An expanded initial environmental study was prepared for this project and determined that some environmental impacts may occur, however, any potential environmental impacts will be mitigated to a level of non- significance as result of implementation of the conditions of approval for the proposed project. Based upon the foregoing findings of fact, the City Council further finds and concludes that: Resolution No. 8604 Page -2- February 15, 1994 1. The proposed subdivision is consistent with the proposed General Plan designation; 2. The proposed subdivision 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 subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities. 4. No substantial evidence has been presented which shows that the project, as currently presented, and subject to the required conditions, would have a significant adverse impact on the environment. 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 ratify the Planning Commission's action on application TS 93-03 subject to the Conditions of Approval attached hereto, as Exhibit B. 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. PASSED AND ADOPTED this 15th day of February, 1994, by the following roll call vote: AYES: Councilmembers: Conant, Ashworth, Burr, Dougherty, Watson NOES: Councilmembers: None ABSENT: Councilmembers: None 2 ATTEST: ~?L~ Ann Bybee, City Clerk APPROVED: EXHIBIT "A" --- --- j I ! II. CI. ..- ... f Il_ l .t- ;I_ I. /.- .t- ',' ~. f'.~ t " .- ~. i : ;f i ... ;1 I I : I p : r I I EXHIBIT liB" CONDITIONS OF APPROVAL SITE ADDRESS: APPLICATION NO.: APPLICANT: PROPERTY OWNER: PLANNING COMMISSION DATE: 1510 Hacienda Avenue, Campbell TS 93-03 Enshallah Developments Campbell Union School District January 25, 1994 The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the Ordinances of the City of Campbell and the State of California. 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 which pertain to this development and are not herein specified. The applicant shall comply with all conditions of approval prior to approval of the final map unless otherwise specified herein. SITE DESIGN 1. Approved Project: Approval is granted for a 37 lot vesting tentative subdivision map on a 13.16 acre site identified as Assessor Parcel Numbers 403-27-001 and 403- 27-002. The subdivision shall substantially conform to the following approved exhibits, except as may be modified by conditions contained herein: a. Vesting Tentative Map prepared by MacKay & Somps dated December 17, 1993 and revised December 21, 1993. b. Calculation Sheet prepared by MacKay & Somps dated January 10, 1994. c Preliminary Grading and Utility Plan prepared by MacKay & Somps dated December 17, 1993 and revised December 21, 1993. 2. Tree Preservation: a. All tree recommended for retention in the Tree Report prepared by Able Tree Surgeons, Inc. shall be retained, unless otherwise specified within this condition. In addition, the following trees shall be retained (the tree number refers to the Tree Location Map contained in the Tree Report): Application 1'5 93-03-Enshallah Developments Page -2- Tree Nos. 12 14-19 21-24 28 31 40 B-H 41-42 63 Species Fraxinus velutina Fraxinus velutina Fraxinus velutina Fraxinus velutina Fraxinus velutina Platanus acerfolia Fraxinus velutina Cedrus deodara Common Name Modesto Ash Modesto Ash Modesto Ash Modesto Ash Modesto Ash London Plane Tree Modesto Ash Deodar Cedar b. The applicant has the option of replacing, transplanting, or retaining the trees numbered 40B through 40H. If transplanted, the applicant shall provide a tree planting plan showing the new location of the trees. The plan shall also contain specifications prepared by an arborist for transplanting the trees. If the trees are to be removed, the applicant shall replace the trees as specified in the City's Water Efficient Landscape Guidelines. The tree planting plan shall be submitted to the Planning Department for review and approval prior to the start of any grading or demolition activities. Tree number 40A may be removed without replacement (Planning). c. The status of trees numbered 66 and 68 shall be determined in conjunction with the site and architectural permit for the home on Lot 36. The permit may authorize removal of one or both of the trees if removal is necessary to accommodate a home on the site. Any tree removed shall be replaced as specified in the City's Water Efficient Landscape Guidelines (Planning). d. All trees to be preserved shall be protected during construction per the tree preservation specifications contained in the Tree Report. The tree preservation plan discussed above shall contain the location and details on the tree preservation measures. The preservation measures shall also be shown on grading and engineering drawings (Planning). 3. Fencing Plan The applicant shall submit a fencing plan for fencing along the eastern boundary of the Santa Clara Valley Water District (SCVWD) easement in conjunction with the site and architectural review permit application for Application 1'5 93-03-Enshallah Developments Page -3- lots containing the easement. The fencing plan shall allow SCVWD vehicular access to the easement. The plan shall also provide access to the easement for each property owner with land containing the easement. The fencing plan shall be approved with the site and architectural permit. 4. Lot 1 Noise Mitigation: a. A seven-foot high wall shall be constructed along the southern property line of the site of Lot 1. A six-foot high sound wall shall be constructed along the western property line of Lot 1. The design and materials of the sound wall shall be submitted to the Planning Department for review and approval prior to installation. The wall shall be constructed of decorative materials which are compatible with the neighborhood and provide the opportunity for landscaping along the public right or way, adjacent to the wall. The sound wall shall be constructed prior to occupancy of the home on Lot # 1. b. Glass on building elevations facing Pollard Road shall meet a Sound Transmission Class rating of 27. This applies to glass areas that are not shielded by the sound wall. c The home on Lot 1 shall contain a mechanical ventilation system. d. Exterior doors shall be one and three-quarter inch solid core doors with perimeter seals. e. An acoustical engineer shall review the future building plans for Lots 1. The engineer shall certify that the building plans will comply with HUD noise criteria and shall specify additional measures necessary to comply with the criteria. Said certification shall be provided prior to issuance of building permits for the home. PUBLIC IMPROVEMENTS 5. Sewers: The subdivider shall install a sanitary sewerage system to serve all lots within the subdivision in conformance with the proposed plans of the West Valley Sanitation District. Sanitary sewerage service to be provided by said District (Public Works). Application 1'5 93-03-Enshallah Developments Page -4- 6. Water Service: The subdivider shall install a water distribution system to serve all lots within the subdivision in conformance with the plans of the San Jose Water Works. Water service to be provided by said water company. Fire hydrants and appurtenances shall be provided and installed at the locations specified by the Fire Chief, Central Fire Department. (Public Works). 7. Subdivision Map Act: Comply with the provisions of Title 20, Subdivisions of the Campbell Municipal Code (Public Works). 8. Storm Drain Fee: Subdivider to pay Storm Drainage Area Fee of $24,675 (Public Works). 9. Title Report: Subdivider to furnish copy of Preliminary Title Report (Public Works). 10. Street Improvements: Subdivider shall execute an agreement to install street improvements on all public streets within and around the perimeter of the site, and post a surety in an amount sufficient to guarantee completion of the work (Public Works). 11. Dedications: Dedicate right-of-way as shown on approved tentative map~ provided however, the City may reduce the dedication on the Pollard Road frontage if it finds lesser street width is needed. (Public Works). 12. Grading/Drainage Plan: Provide a grading and drainage plan for review by the City Engineer. The maintenance of existing topography of the site is encouraged and the use of retaining walls and slopes is discouraged (Public Works). Application 1'5 93-Q3-Enshallah Developments Pa~e -5- 13. Encroachment Permit: Obtain an encroachment permit and pay fees and deposit for all work in the public right-of-way (Public Works). 14. Street Names: The applicant shall obtain approval of the Civic Improvement Commission and County Communications street names within the subdivision (Planning). 15. Park Site Transfer Agreement The applicant and the City shall enter into a Park Site Transfer Agreement prior to recordation of the final map. The Agreement shall include stipulations on the following: a. Purchase price b. Timing of transfer of the park site c. Method of payment. d. Description of the property to be transferred. 16. Park Dedication and Park Impact Ordinances The applicant shall comply with Chapter 20.24 (Park Dedication) and Chapter 20.26 (Park Impact Fees) of the Campbell Municipal Code (Planning) . 17. Final Map The applicant shall process and file a final subdivision map (Public Works). FIRE: 18. Fire Hydrants: Provide five approved fire hydrants. The fire flow shall be a minimum of 1000 gallons per minute at 20 pounds per square inch residual (Central Fire District). PUBLIC SAFETYIWELFARE Application 1'5 93-Q3-Enshallah Developments Page -6- 19. Utility Boxes & Back-flow Preventers: The applicant shall submit a plan identifying the location of PC & E utility boxes and San Jose Water Company backflow preventers for review and approval of the Planning Department prior to installation. The plan shall also indicate screening for the utility boxes if located above ground (Planning). 20. Underground Utilities: Underground utilities shall be provided as required by Section 20.36.150 of the Campbell Municipal Code (Public Works). 21. Hazardous Materials: a. All asbestos-containing materials, ballasts, and mercury vapor tubes shall be removed by a licensed asbestos abatement contractor prior to demolition of buildings. The abatement shall be performed in accordance with State and County regulations. b. All abatement activities shall be performed as specified within the Preliminary Site Assessment and Asbestos Survey prepared by ECOS, Inc. dated August 18, 1993. 22. On-site Well The developer shall investigate the exact location and status of the on- site well. The well shall be capped or abandoned as required by the Santa Clara Valley Water District prior to site clearance. 23. Construction Mitigation: 1. The developer shall water all exposed or disturbed soil surfaces as necessary to control dust, not less than twice daily, including weekends. A dust suppressant shall be added to the water prior to application. 2. Areas of digging and grading operations shall be consistently watered to control dust. 3. Grading or other dust-producing activities shall be suspended during periods of high wind when dust is readily visible in the air. ,". ' Application 1'5 93-03-Enshallah Developments Page -7- 4. Stockpiles or soil, debris, sand, or other dust-producing materials shall be watered or covered. 5. The speed of all vehicles on-site shall be limited to 15 miles per hour. 24. Demolition of Existing Structures: All existing structures shall be demolished and removed prior to recordation of the final map (Planning). Alternatively, the applicant shall record a covenant and deed restriction running with the land stipulating that no parcel which has a property line which is crossed by an existing buildings or which violates fire or setback restrictions, may be individually transferred to another party until the buildings are removed. The covenant shall be in effect for a period of time not to exceed one year from recordation of the final map. The applicant shall post a surety in an amount sufficient to cover the cost of demolition, removal and cleanup of the demolished structures and the site. The surety shall guaranteeing removal of the structures within one year of final map recordation. Additionally, the applicant shall sign a hold harmless agreement holding the City harmless from any claims resulting from the retention of the buildings. A collection of parcels with lot lines that are not affected by the buildings may be transferred. ts93-03.coa(sql)