RESOLUTION NO. 22--9129
A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA
TO APPROVE THE TENTATIVE TRACT MAP FOR THE
PROPERTIES LOCATED AT 3141-3155 EL CAMINO REAL, TO
SUBDIVIDE THE 2.14 ACRE PROJECT SITE INTO 60
RESIDENTIAL CONDOMINIUMS AND ONE COMMON LOT
PLN2020-014674 (Rezone)
PLN2020-14705 (Tentative Tract Map)
CEQ2020-01080 (Mitigated Negative Declaration)
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
WHEREAS, on October 29, 2020, Oak Investment Group, LLC ("Applicant") filed an application for the 2.14 acre site consisting of two contiguous parcels located at 3141 - 3155 El Camino Real with surface parking lots and seven one-story commercial buildings totaling 21,780 square feet ("Project Site");
WHEREAS, the Applicant has simultaneously applied to rezone the Project Site from Thoroughfare Commercial (CT) to Planned Development (PD) to allow a 60-unit residential development consisting of 40 townhomes and 20 flats, private street, and on- and off-site improvements ("Project") as shown on the Development Plans, attached hereto and incorporated herein by this reference;
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), and the regulations implementing the Act, specifically 14 Cal. Code of Regs§ 15070, this Project was determined after an Initial Study to identify potentially significant effects on the environment which could be reduced to less-than-significant with the implementation of mitigation measures, resulting in the drafting of a Mitigated Negative Declaration ("MND") and Mitigation Monitoring and Reporting Program ("MMRP");
WHEREAS, pursuant to Section 17.05.210 of the Code of the City of Santa Clara ("SCCC"), a Tentative Tract Map shall be required for all divisions of land into five or more parcels; Resolution/ 3155 El Camino Real Residential Project- Tentative Tract Map Resolution Rev: 11 /22/17
WHEREAS, consistent with the proposed uses under the development plan, the proposal includes the division of the site into condominium and common lots, as shown on Exhibit "Tentative Tract Map" and attached hereto by this reference;
WHEREAS, on March 29, 2022, the Subdivision Committee determined that the application was complete and that the Tentative Tract Map be reviewed by the Planning Commission and the City Council in conformance with Section 17.05.300 of the SCCC as a Tentative Tract Map along with the Project;
WHEREAS, Section 17.05.300 (g) of the SCCC requires that the City conduct a public hearing before considering the approval of a Tentative Tract Map for the division of land; WHEREAS, notice of the public hearing on the Tentative Tract Map was published in The Weekly, a newspaper of general circulation for the City, on June 1, 2022 for the June 15, 2022 Planning Commission meeting and July 12, 2022 City Council meeting; WHEREAS on June 2, 2022, notices of the public hearing on the Tentative Tract Map were posted at least three conspicuous locations within 300 feet of the Project Site and were mailed to all property owners within 500 feet of the Project Site boundaries for the June 15, 2022 Planning commission meeting and July 12, 2022 City Council meeting; WHEREAS, on June 15, 202, the Planning Commission held a duly noticed public hearing to consider the Project, MND, MMRP and all pertinent information in the record, including public testimony, at the conclusion of which the Planning Commission voted to recommend that the City Council adopt the MND and MMRP, approve the rezoning to allow a 60-unit residential development consisting of 40 townhomes and 20 flats, and approve the Tentative Tract Map to subdivide the land into residential condominium and a common interest lot to serve the development; and
WHEREAS, on July 12, 2022, the City Council held a duly noticed public hearing to consider the Tentative Tract Map application, at which time all interested persons were given an opportunity to Resolution/ 3155 El Camino Real Residential Project- Tentative Tract Map Resolution Rev: 11 /22/17
give testimony and the City Council considered the information presented in the Staff Report, MN, MMRP ad all verbal and written evidence.
NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. That the City Council hereby finds that the above Recitals are true and correct and by this reference makes them a part hereof.
2. That this Resolution incorporates, and by this reference makes a part hereof, that certain Tentative Tract Map, attached hereto as Exhibit "Tentative Tract Map".
3. Tentative Tract Map Findings. Pursuant to California Government Code Sections 66426 and 66428 and SCCC Section 17.05.300(9), the City Council finds and determines that:
A. The Tentative Tract Map is consistent with the objectives, policies, general land use and programs specified in the City's General Plan in that the proposed Tentative Tract Map is to allow the development of 60 ownership residential units ( consisting of 40 town homes and 20 flats), private streets, on-site resident and visitor parking, common landscaped area, and on- and off-site improvements compatible with neighboring residential development and existing and planned development within the El Camino Real Focus Area, subject to conditions set forth in the Tentative Tract Map Conditions of Approval, attached hereto and incorporated by this reference.
The project proposes a density of 25 dwelling units per acre, consistent with the site's Community Mixed Use General Plan designation. The project is also consistent with the El Camino Real Focus Area policies.
B. The design and improvements of the proposed subdivision are consistent with the City's General Plan in that the Tentative Tract Map is subject to the conditions set forth in Exhibit "Tentative Tract Map Conditions of Approval", attached hereto and incorporated by this reference.
C. The site is physically suitable for the proposed type of development in that the project is designed to provide high quality housing that is designed to be consistent with the on- Resolution/ 3155 El Camino Real Residential Project - Tentative Tract Map Resolution Rev: 11 /22/17
going and proposed development along El Camino Real. Moreover, the Project is designed to retain the contextual consistency of the corridor.
D. This site is physically suitable for the proposed density of development in that the Project Site is located in an urbanized area and allows for redevelopment consistent with the height, uses and development that are existing and planned in the surrounding area.
E. The design of the subdivision and type of improvements are not likely to cause serious health problems in that the proposed residential subdivision will implement Covenants Conditions and Restrictions for operation and maintenance of the buildings, private street and site improvements, and does not propose the use of hazardous materials.
F. The design of the subdivision and type of improvements are not likely to cause substantial environmental damage and will not substantially or unavoidably injure fish or wildlife or their habitat in that the Project Site is located in an urbanized setting, on a previously developed site, and includes mitigation measures, as identified in the MND and MMRP, that reduce impacts to wildlife habitat to less-than-significant levels.
G. The design of the subdivision and type of improvements will not conflict with easements acquired by the public at large or use of property within the proposed subdivision in that, the Project is designed to avoid encroachments and conflicts with public easements in the site design.
H. The Tentative Tract Map provides, to the extent feasible, for future passive or natural heating or cooling opportunities, in that it would allow flexibility in the development standards to maximize the benefits of green building standards for site and building design.
4. Based on the findings set forth in this Resolution and the evidence in the Staff Report, MND, MMRP, and such other evidence as received at the public hearings on this matter before the Planning Commission, the Planning Commission hereby recommends approval of the Tentative Tract Map to the City Council, substantially in the form on file as shown in the "Tentative Tract Map" Resolution/ 3155 El Camino Real Residential Project- Tentative Tract Map Resolution Rev: 11 /22/17
attached hereto, subject to conditions of approval attached as "Conditions of Tentative Tract Map Approval" and hereby incorporated by this reference.
5. Effective date . This resolution shall become effective immediately.
I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED
AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA , AT A REGULAR MEETING THEREOF HELD ON THE 12TH DAY OFJULY, 2022, BY THE FOLLOWING VOTE:
AYES: COUNCILORS:
NOES: COUNCILORS:
ABSENT: COUNCILORS:
ABSTAINED : COUNCILORS :
Attachments incorporated by reference :
1. Tentative Tract Map
2. Tentative Tract Map Conditions of Approval
Becker, Chahal, Jain, Park, and Watanabe,
and Mayor Gillmor
None
None
Hardy ~ /}
ATTEST: ~ ~- -N~O~R-A-P-IM- EN_T_E._.L ..... , -M-M~C---
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
Resolution/ 3155 El Camino Real Residential Project - Tentative Tract Map Resolution Rev : 11 /22/17
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CONDITIONS OF TENTATIVE TRACT MAP APPROVAL
In addition to complying with all applicable codes, regulations, ordinances and resolutions, the following conditions of approval are recommended :
GENERAL
A. If relocation of an existing public facility becomes necessary due to a conflict with the developer 's new improvements , then the cost of said relocation shall be borne by the developer .
B. Comply with all applicable codes, regulations , ordinances and resolutions .
ATTORNEY'S OFFICE
A. The Developer agrees to defend and indemnify and hold City, its officers, agents, employees , officials and representatives free and harmless from and against any and all claims, losses, damages, attorneys' fees, injuries, costs, and liabilities arising from any suit for damages or for equitable or injunctive relief which is filed by a third party against the City by reason of its approval of developer's project.
COMMUNITY DEVELOPMENT
BUILDING DIVISION
BD1 . Informational: Prior to overall construction permit application, submit to the Santa Clara Building Division, 2 copies of an addressing diagram request, to be prepared by a licensed architect or engineer. The addressing diagram(s) shall include all proposed streets and all building floor plans. The addressing diagram(s) shall conform to Santa Clara City Manager Directive #5; Street Name and Building Number Changes, and Santa Clara Building Division Address Policy For Residential and Commercial Developments . The addressing diagram(s) shall indicate all unit numbers to be based off established streets, not alleys nor access-ways to garages. Allow a minimum of 10 working days for initial staff review. Please note city staff policy that existing site addresses typically are retired. Provide digital pdf printed from design software, not scanned from printed paper sheet.
BD2. Informational : The construction permit application drawings submitted to the Santa Clara Building Division shall include a copy of the latest Federal Emergency Management Agency (FEMA) Flood Zone Map: https://msc.fema.gov/portal/home . The project drawings shall indicate how the project complies with the Santa Clara Flood Damage Prevention Code.
BD3. Informational: The construction permit application drawings submitted to the Santa Clara Building Division shall include Santa Clara Valley Urban Runoff Pollution Prevention Program Low Impact Development (LID) practices http://www .scvurppp- w2k .com/nd wp.shtml. All projects that disturb more than one acre, or projects that are part of a larger development that in total disturbs more than one acre, shall comply with the Santa Clara Valley Urban Runoff Pollution Prevention Program Best Management Practices (BMP): http://www .scvurppp-w2k .com/construction bmp.shtml, and shall provide a Storm Water Pollution Prevention Plan (SWPPP) by a certified Qualified SWPPP Developer (QSD). All site drainage and grading permit applications submitted to the Santa Clara Building Division shall include a city of Santa Clara "C3" data form, available on this web page:https://www .santaclaraca .gov/our-city/departments-g z/public-works/environmental-programs/stormwater-pollution-prevention and will be routed to a contract consultant for review.
Conditions of Tentative Tract Map Approval
PLNB2020-14705 / PLN2020-14674 / CEQ2020-01080
BD4. Informational: no California construction code review is being done at this time. The construction permit application drawings submitted to the Santa Clara Building Division shall include an overall California Building Code analysis, including; proposed use and occupancy of all spaces (19' CBC Ch. 3), all building heights and areas (19' CBC Ch. 5), all proposed types of construction (19' CBC Ch. 6), all proposed fire and smoke protection features, including all types of all fire rated penetrations proposed (19' CBC Ch. 7), all proposed interior finishes fire resistance (19' CBC Ch. 8), all fire protection systems proposed (19' CBC Ch. 9), and all means of egress proposed (19' CBC Ch. 10). -Noncombustible exterior wall, floor, and roof finishes are strongly encouraged. • During construction retaining a single company to install all fire rated penetrations is highly recommended.
• The grade level lobbies shall be min.1 hour rated all sides and above. • All stair shafts shall be min. 1 hour rated.
• All elevator shafts shall be min. 1 hour rated.
• All trash chute shafts shall be min. 1 hour rated.
• Recommendation: provide a minimum of two trash chutes; one for recyclables, one for trash, each trash chute to be routed down to a grade level trash collection room.
• Any trash rooms shall be min. 1 hour rated all sides and above.
BD5. Informational: The overall project construction permit application shall include the geotechnical, architectural, structural, energy, electrical, mechanical, and plumbing drawings and calculations. Prior to the issuance of the overall project construction permit, a conditions of approval review meeting must be held in city hall, which meeting must be attended by the on-site field superintendent(s). The meeting will not be held without the attendance of the on-site field superintendent(s). The on-site grading permit shall be a separate permit application to the Building Division.
BD6. Informational: Temporary Certificates of Occupancy will not be routinely issued, and will be considered on a very limited basis only when there is a clear and compelling reason for city staff to consider a TCO. A TCO will be approved only after all applicable City staff have approved in writing; Planning, P.W./ Engineering, Fire Prev., Santa Clara Water, Silicon Valley Power, and any other applicable agencies such as the Santa Clara County Health Dept., with the Building Division being the final approval of all TCO.'s.
PLANNING DIVISION
P1. The project shall comply with Conditions of Approval for the 3155 El Camino Real Residential Project (PLN2020-14674) and Mitigated Negative Declaration/Mitigation Monitoring and Reporting Program (CEQ2020-01080).
P2. Developer shall submit to the City Covenants, Conditions and Restrictions (CC&Rs) or equivalent instrument assigning and governing perpetual maintenance of the private street in good condition for the life of the Project, prior to issuance of building permits.
Said document shall be recorded along with the Title for each property with the Santa Clara County Recorder's Office.
PARKS & RECREATION
PR 1. This memo assumes the Project is a subdivision and the Quimby Act provisions will apply. The project will generate an estimated 144 residents (2.4 persons/household x 60 units). Based on the Quimby Act standard of 3.0 acres/1000 residents I MFA standard of 2.6 acres/1 ,000 residents, the amount of public parkland required for this Project to mitigate the impact of the new resident demand is approximately 0.432-acres. The equivalent fee due in lieu of parkland dedication is therefore $2,668,080. Final Conditions of Tentative Tract Map Approval
PLNB2020-14705 / PLN2020-14674 / CEQ2020-01080
calculations will depend upon the actual number and type of units and the mix of parkland dedicated and remaining fee due, at the discretion of the City.
PR2. Application for Credit. It is unlikely the Project could achieve the requirements needed to qualify for credit; therefore, the Project would not be eligible for 50% credit against any fees due in lieu of parkland dedication.
PR3. Dwelling Unit Tax. A dwelling unit tax (OUT) is also due based on the number of units and additional bedrooms per City Code Chapter 3.15. The Project mix includes 28 two bedroom units and 32 three-bedroom units for a total OUT of $1,360.
PR4. Calculations may change if the number of units change, if any areas do not conform to the Ordinance and City Code Chapter 17.35, and/or if the fee schedule for new residential development fees due in lieu of parkland dedication changes before this Project is deemed complete by Planning.
PUBLIC WORKS
ENGINEERING
E1. Obtain site clearance through Public Works Department prior to issuance of Building Permit. Site clearance will require payment of applicable development fees. Other requirements may be identified for compliance during the site clearance process.
Contact Public Works Department at (408) 615-3000 for further information.
E2. All work within the public right-of-way and/or public easement, which is to be performed by the Developer/Owner, the general contractor, and all subcontractors shall be included within a Single Encroachment Permit issued by the City Public Works Department.
Issuance of the Encroachment Permit and payment of all appropriate fees shall be completed prior to commencement of work, and all work under the permit shall be completed prior to issuance of occupancy permit.
E3. Submit public improvement plans prepared in accordance with City Public Works Department procedures which provide for the installation of public improvements. Plans shall be prepared by a Registered Civil Engineer and approved by the City Engineer prior to approval and recordation of parcel map and/or issuance of building permits.
E4. All work within the State right-of-way shall require a Caltrans encroachment permit.
ES. All work within the Santa Clara Valley Water District right-of-way shall require a Santa Clara Valley Water District encroachment permit.
E6. Existing non-standard or non-ADA compliant frontage improvements shall be replaced with current City standard frontage improvements as directed by the City Engineer or his designee.
E7. Damaged curb, gutter, and sidewalk within the public right-of-way along property's frontage shall be repaired or replaced (to the nearest score mark) in a manner acceptable to the City Engineer or his designee. The extents of said repair or replacement within the property frontage shall be at the discretion of the City Engineer or his designee.
EB. Dedicate, as required, on-site easements for new and existing utilities and new sidewalks by Subdivision Map or approved instrument at time of development.
Developer shall pay applicable easement preparation/processing fee.
E9. Dedicate a sidewalk easement for the sidewalk and driveway portions within private property and pay the easement preparation fee. Sidewalk easement shall be 1' behind proposed back-of-walk if there is landscaping behind sidewalk and/or at the proposed back-of-walk with a cold joint if there is hardscape concrete behind sidewalk.
E10. Obtain Council approval of a resolution ordering vacation of existing public easement(s) proposed to be abandoned, if any, through Public Works Department, and pay all appropriate fees, prior to start of construction
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E11. After City Council approval of the Tentative Map, submit 10 copies of the Subdivision Map, prepared by a Licensed Land Surveyor or a Registered Civil Engineer with Land Surveyor privileges to the Engineering Department. The submittal shall include a title report, closure calculations, and all appropriate fees.
WATER & SEWER
W1. Recycled Water Ready: All onsite plumbing for non-domestic water uses (e.g. irrigation) shall be designed for recycled water use and shall comply with all Recycled Water regulations.
W2. Recycled Water Design: Each Recycled Water land use (irrigation, dual-plumbing, cooling system, industrial processes, etc.) shall have a separate metered service connection to the main. Applicant shall verify separations between all potable/fire lines and recycled water lines, pipe type, pipe depths, equipment types, warning lids, tags and signs.
W3. Potable Water Main: Pursuant to the findings of the Development Impact Analysis (DIA), the applicant shall upgrade the existing 8" and 1 O" Cast Iron water main along Calabazas and El Camino Real with a new 12" DIP pipe water main. The water main upgrade shall extend to the limits determined by the DIA, or, at a minimum, the entire length of the property's frontage.
W4. Encroachment Permit: Prior to issuance of Building Permits, the applicant shall submit an encroachment permit application and design plans for construction of water utilities that comply with the latest edition of the Water & Sewer Utilities Water Service and Use Rules and Regulations, Water System Notes, and Water Standard Details and Specifications. In addition, prior to the City's issuance of Occupancy, the applicant shall construct all public water utilities per the approved plans. The Water & Sewer Utilities will inspect all public water utility installations and all other improvements encroaching public water utilities.
W5. Utility Design Plans: Utility Design Plans shall indicate the pipe material and the size of existing water, recycled water and sewer main(s). The plans shall show the nearest existing fire hydrant and the two nearest existing water main line gate valves near the project area. The plans shall show meter and backflow configurations to scale and per City of Santa Clara Water & Sewer Utilities Standard Details. Note that all new water meters and backflow prevention devices shall be located behind the sidewalk in a landscape area. Fire hydrants should be located two feet behind monolithic sidewalk if sidewalk is present; two feet behind face of curb if no sidewalk is present, per City Std Detail 18. The plans shall provide the profile section details for utilities crossing water, sewer, or recycled water mains to ensure a 12" minimum vertical clearance is maintained.
W6. Utility Separations: Applicant shall adhere to and provide a note indicating that all horizontal and vertical clearances comply with State and local regulations. The applicant shall maintain a minimum 12" of vertical clearance at water service crossing with other utilities, and all required minimum horizontal clearances from water services: 1 O' from sanitary sewer utilities, 1 O' from recycled water utilities, 8' from storm drain utilities, 5' from fire and other water utilities, 3' from abandoned water services, 5' from gas and electric utilities, and 5' from the edge of the propose or existing driveway. For sanitary sewer, water, and recycled water utilities, the applicant shall maintain a minimum horizontal clearance of 1 O' from existing and proposed trees. If applicant installs tree root barriers, clearance from tree reduces to 5' (clearance must be from the edge of tree root barrier to edge of water facilities). No structures (fencing, foundation, biofiltration swales, Conditions of Tentative Tract Map Approval
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etc.) allowed over sanitary sewer, potable water and/or recycled water utilities and easements.
W7. Separate Services: Applicant shall submit plans showing proposed water, recycled water, sanitary sewer, and fire services connected to a public main in the public right-of way to the satisfaction of the Director of Water & Sewer Utilities. Different types of water and recycled water use (domestic, irrigation, fire) shall be served by separate water services, each separately tapped at the water main. Tapping on existing fire service line(s) is prohibited. Approved backflow prevention device(s) are required on all potable water services.
W8. City Standard Meters and Backflows: All proposed meters and backflows for all water services shall meet the current City of Santa Clara Water & Sewer Utilities Standard Details. Plans shall show meter and backflow configurations to scale.
W9. Existing Services: The applicant must indicate the disposition of all existing water and sewer services and mains on the plans. If the existing services will not be used, then the applicant shall properly abandon these services to the main per Water & Sewer Utilities standards and install a new service to accommodate the water needs of the project. The applicant shall bear the cost of any relocation or abandonment of existing Water Department facilities required for project construction to the satisfaction of the Director of Water and Sewer Utilities.
W10. On-Site Storm Drain Treatment: Prior to issuance of Building Permit, the applicant shall submit plans showing any onsite storm water treatment system. The plan shall include a section detail of the treatment system. No water, sewer, or recycled water facilities shall be located within 5-feet of any storm water treatment system.
W11. Water Usage: Prior to the issuance of Building Permits, the applicant shall provide documentation of water usage so the Water Division can verify the appropriate size of all proposed water meters. Please note that if the existing water services are incapable of supplying the water needs to the site, the existing services shall be abandoned, and new separate dedicated water services shall be provided for each use (domestic and irrigation).
W12. Prior to issuance of Building Permits, the applicant shall submit plan details for all water features (including but not limited to fountains and ponds) designed to include provisions for operating the system without City potable water supply and capable of being physically disconnected from source of potable water supply during City declared water conservation periods, to the satisfaction of the Director of the Water & Sewer Utilities.
Decorative water features may be permanently connected to the City's recycled water supply.
W13. Easements: Prior to City's issuance of Building or Grading Permits, the applicant shall provide a dedicated water utility easement around the backflow prevention device onsite.
The water utility easement for the water services and all other public water appurtenances shall be a minimum 15 feet wide and be adjacent to the public right-of way without overlapping any public utility easement. Additionally, the applicant shall submit plans defining existing easements so Water Division can verify if there are any conflicts with proposed easements and water utilities.
W14. Underground Fire Permit: Prior to issuance of Building Permits, applicant shall submit an underground fire permit unless otherwise waived by the Fire Department. If fire flow information is needed, applicant shall coordinate with Water and Sewer Utilities Department, for fire flow information at (408)615-2000. A dedicated fire service line, with an approved backflow prevention device, shall be used for on-site fire hydrants. Fire service lines required for commercial and industrial use shall be sized appropriately per fire flow demand and code requirements.
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W15. Record Drawings: Upon completion of construction and prior to the City's issuance of a Certificate of Occupancy, the applicant shall provide "as-built" drawings of the public water utility infrastructure prepared by a registered civil engineer to the satisfaction of the Director of Water & Sewer Utilities Department.
W16. Water Shortage Response Actions: Pursuant to the City of Santa Clara's Urban Water Management Plan, during times of drought or water shortage, the City implements water shortage response actions in accordance with the level of water shortage declared. All construction activities and all new irrigation connections are subject to the Water Shortage Response Actions in effect at the time of construction and connection of the irrigation service.
Conditions of Tentative Tract Map Approval
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