PD - 2004May 24, 2004
Mr. Omid Shakeri
The Ridgecrest Group
3131 S. Bascom Avenue, #110
Campbell, CA 95008
Dear Mr. Shakeri:
At the regular meeting of May 18, 2004, the City Council gave second reading to and formally
adopted Ordinance No. 2045 approving a Zone Change (PLN 2004-08) from R-2-S (Multiple
Family Residential) to P-D (Planned Development) on property owned by Mr. Hadi Ghafouri
located at 243 W. Rincon Avenue. A certified copy of this Ordinance is enclosed for your
records.
Please be aware that this Ordinance will become effective 30 days from the date of adoption.
Should you have any questions in regard to this matter, please do not hesitate to contact this
office (866-2117) or Geoff Bradley, Senior Planner, Community Development Department.
Sincerely,
~~
Anne Bybee
City Clerk
Enc.
cc. Geoff Bradley, Senior Planner, Community Development Department
70 North First Street Campbell, California 95008.1423 ~ TFL 408.866.2117 Fax 408.374.6889 T~~ 408.866.2790
ORDINANCE NO. 2045
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CAMPBELL APPROVING A ZONE CHANGE
(PLN2004-08) FROM R-2-S (MULTIPLE FAMILY
RESIDENTIAL) TO P-D (PLANNED DEVELOPMENT) ON
PROPERTY OWNED BY MR. HADI GHAFOURI LOCATED
AT 243 W. RINCON AVENUE. APPLICATION OF MR.
OMID SHAKERI. FILE NO. PLN2004-08.
The City Council of the City of Campbell does ordain as follows:
SECTION ONE: That the Zoning Map of the City of Campbell is hereby changed and amended
by adopting the attached Exhibit A, entitled Map of Said Property, as per the application of Mr.
Omid Shakeri for approval of a Zone Change for property located at 243 W. Rincon Avenue,
from R-2-S (Multiple Family Residential) to P-D (Planned Development).
SECTION TWO: This ordinance shall become effective thirty (30) days following its passage
and adoption shall be published once within fifteen (15) days upon passage and adoption in the
Campbell Express, a newspaper of general circulation in the City of Campbell, County of Santa
Clara, State of California.
PASSED AND ADOPTED this 18th
role call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
day of May , 2004, by the following
Furtado, Watson, Dean, Kennedy, Burr
None
None
None
r
ATTEST:
Anne Bybee, City Clerk
APPROVED:-
Donald R. Burr, Mayor
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MEMORANDUM
To: Geoff Bradley
S nior Planner
From: J emsley
/De uty City Clerk
Date: I N1,~y 7, 2004
Subject: Zone Change (PLN 04-08); PD Permit (PLN 04-09); Tentative Parcel
Map (PLN 04-10) - 243 W. Rincon Avenue - Omid Shakeri
At the regular meeting of May 4, 2004, the City Council held a public hearing to consider
the application of Mr. Omid Shakeri, on behalf of the Ridgecrest Group, for a Zone
Change (PLN 2004-08) from R-2-S (Multiple Family Residential) to P-D (Planned
Development; a Planned Development Permit (PLN 2004-09) to allow the construction
of three townhome units; and a Tentative Parcel Map (PLN 2004-10) to create three
residential lots and one common lot on property owned by Mr. Hadi Ghafouri located at
243 W. Rincon Avenue in a R-2-S (Multiple Family Residential) Zoning District.
After hearing public testimony and following City Council discussion and deliberation,
the following action was taken:
1. Gave first reading to Ordinance 2045 approving a Zone Change (PLN 2004-08)
from R-2-S (Multiple Family Residential) to P-D (Planned Development).
Second reading and final adoption of this Ordinance will be given at the regular
City Council meeting of May 18, 2004.
2. Adopted Resolution No. 10326 approving a Planned Development Permit (PLN
2004-09) to allow the construction of three townhomes, incorporating findings
and subject to the Conditions of Approval, for property located at 243 W. Rincon
Avenue; and
Adopted Resolution No. 10327 approving a Tentative Parcel Map (PLN 2004-10)
to allow the creation of three lots and one common lot, incorporating findings and
subject to the Conditions of Approval, for property located at 243 W. Rincon
Avenue.
A certified copy of the above Resohrtions is attached for yotu- records, together with a
copy of the letter written to Mr. Shakeri as follow-up to the City Council's action.
RESOLUTION NO. 10326
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING A PLANNED DEVELOPMENT PERMIT
(PLN2004-09) TO ALLOW THE CONSTRUCTION OF THREE
TOWNHOME UNITS ON PROPERTY OWNED BY MR. HADI
GHAFOURI LOCATED AT 243 W. RINCON AVENUE 1N A P-D
(PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION
OF MR. OMID SHAKERI. FILE NO. PLN2004-09.
After notification and public hearing, as specified by law, 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 application PLN2004-09.
1. The density of the proposed project site is 12 units per gross acre, which is less than and
consistent with the General Plan land use designation of Low-Medium Density Residential
(14-20 units per gross acre).
2. The proposed project is consistent with the Planned Development Zoning Ordinance.
3. The site plan proposes the construction of three townhomes each on individual lots. All of
the residences take vehicular access from West Rincon Avenue via an 16-foot wide, common
access driveway running along the westerly property line.
4. Private open space is provided for each unit by a private rear yard area. The rear yard areas
have a minimum depth of 10 feet and a minimum area of 400 square feet.
5. The project provides 11 off-street parking spaces, where 11 spaces are required.
6. The completed project would consist of three new townhomes with a building coverage of
39.5%, landscaping coverage of 30.8% and paving coverage of 29.7%.
7. The proposed project will have a floor area ratio of 0.74.
8. The subject property is surrounded by apartment uses to the north, townhomes to the west,
single-family residence to the east and townhoms to the south.
9. The proposed massing and design of the buildings are consistent with other developments in
the surrounding area and recent townhome developments.
10. The project qualifies as Categorically Exempt under Section 15303, Class 3 of the California
Environmental Quality Act (CEQA).
Based upon the foregoing findings of fact, the City Council further finds and concludes that:
City Council Resolution
PLN2004-09 - 243 W. Rincon Avenue- Planned Development Permit
Page 2
1. The proposed development will result in a more desirable environment and use of the land
than would be possible under any other zoning classification.
2. The development will be compatible with the General Plan of the City and will aid in the
harmonious development of the immediate area.
3. The proposed development will not result in allowing more residential units than would be
allowed by other residential zoning districts, which are consistent with the General Plan
designation of the property.
4. The proposed development will not be detrimental to the health, safety or welfare of the
neighborhood or the City as a whole.
5. There is a reasonable relationship and a rough proportionality between the conditions of
approval and the impacts of the project.
6. There is a reasonable relationship between the use of the fees imposed upon the project and
the type of development project.
7. No substantial evidence has been presented from which a reasonable argument could be
made that shows that the project, as currently presented and subject to the required conditions
of approval, will have a significant adverse impact on the environment.
NOW, THEREFORE, BE IT RESOLVED that the City Council approves a Planned
Development Permit (PLN2004-09) to allow the construction of three townhomes on property
owned by Mr. Hadi Ghafouri, located at 243 W. Rincon Avenue, subject to the following
conditions:
Where approval by the Director of Community Development, City Engineer, Public Works
Director, City Attorney or Fire Department is required, that review shall be for compliance with
all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and
regulations and accepted engineering practices for the item under review. 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 that pertain to this development
and are not herein specified.
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
1. Approved Project: Approval is granted for a Planned Development Permit to allow the
construction of three townhomes located at 243 W. Rincon Avenue. The building design and
site design shall substantially conform to the project exhibits listed below, except as may be
modified by the conditions of approval herein:
City Council Resolution
PLN2004-09 - 243 W. Rincon Avenue- Planned Development Permit
Page 3
a. Project plans prepared by CB Bassal, and stamped as received by the Planning Division
on January 6, 2004, and March 30, 2004, including a site plan, floor plans, elevations,
and conceptual landscape and irrigation plan.
b. Color and material board submitted by CB Bassal.
c. Tentative Subdivision Map and conceptual Grading and Drainage Plan prepared by,
SMP Company Civil Engineer, February 20, 2004.
2. Permit Expiration: The Planned Development Permit is valid for a period of two years from
the date of final City Council approval. A building permit must be obtained within this two-
year period or the Planned Development Permit shall be void.
3. Parcel Map: The Planned Development Permit approval is contingent upon recordation of
the Final Map to divide the subject property. The Final Map shall be recorded prior to the
issuance of building permits.
4. Landscape Plan: The applicant shall submit four sets of a landscape and irrigation plan to the
Planning Division, prior to the issuance of building permits, for review and approval by the
Community Development Director. The landscape and irrigation plan shall substantially
conform with the approved conceptual landscape plan and the City's Water Efficient
Landscaping Standards (WELS) and shall include the following:
a. Provide a combination of screening shrubs, trees and vines along the driveway.
b. All shrubs shall be a minimum five-gallon size plant material and all trees shall be a
minimum 24-inch boxed container.
5. Park Impact Fee: A park impact fee of $7,035 per unit is due upon development of the site.
Credit in the amount of $10,990 will be given for the existing single-family residence. Prior
to recordation of the Parcel Map, 75% of this fee is due. The remaining 25% is due prior to
issuance of a certificate of building occupancy.
6. Fences: Any new or existing fencing shall comply with Section 21.59.090 of the Campbell
Municipal Code and shall be reviewed and approved by the Community Development
Director prior to issuance of any building permits for the project. Any existing fencing to
remain shall be determined to be in good condition by the Community Development
Director.
7. Property Maintenance: The property is to be maintained free of any combustible trash,
debris, and weeds until the time that actual construction commences. Any vacant 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 and 11.414, 1985 Ed. Uniform
Fire Code).
City Council Resolution
PLN2004-09 - 243 W. Rincon Avenue- Planned Development Permit
Page 4
8. Utility Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to
installation of PG&E transformers and San Jose Water Company back-flow preventers,
indicating the location of the facilities and screening (if the facilities are above ground) for
approval by the Community Development Director.
9. On-Site Li htin On-site lighting shall be shielded away from adjacent properties and
directed on site. The design and type of lighting fixtures and lighting intensity of any
proposed exterior lighting for the project shall be reviewed and approved by the Community
Development Director prior to installation of the lighting for compliance with all applicable
Conditions of Approval, ordinances, laws and regulations. Lighting fixtures shall be of a
decorative design to be compatible with the residential development and shall incorporate
energy saving features.
10. Construction Mitigation Measures: The applicant shall implement the following construction
mitigation measures:
a. Construction activities will be limited to daytime hours of 8:00 am to 5:00 p.m. weekdays
and 9:00 a.m. to 4:00 p.m. Saturdays. Construction is prohibited on Sundays and
Holidays unless an exception is granted by the Building Official.
b. No pile driving is allowed for construction of the project.
c. All internal combustion engines for construction equipment used on the site will be
properly muffled and maintained.
d. All stationary noise generating construction equipment, such as air compressors and
portable power generator, will be located as far as practical from the existing residences
and businesses.
e. All active construction areas shall be watered at least twice daily.
f. Cover all trucks hauling soil and other loose materials stationed or prior to leaving the
site.
g. Pave, apply water, or apply non-toxic soil stabilizers on all unpaved surfaces, and staging
areas at the construction site.
11. Parking and Driveway: All parking and driveway areas shall be developed in compliance
with Chapter 21.50 of the Campbell Municipal Code and the approved project plans. The
applicant shall provide a decorative pavement material within the common access driveway,
uncovered parking spaces and walkways. The design and material to be used for the
decorative pavement shall be reviewed and approved by the Community Development
Director prior to issuance of building permits for the project.
12. Covenants. Codes and Restrictions (CC&Rs~ Prior to recordation of the Parcel Map and
CC&R's, the applicant shall submit for review and approval by the City Attorney and
City Council Resolution
PLN2004-09 - 243 W. Rincon Avenue- Planned Development Permit
Page 5
Community Development Director a copy of the draft CC&Rs which shall include the
following:
a. The formation of a homeowner's association to ensure the long-term maintenance of the
buildings and property.
b. Continued architectural controls to ensure the architectural integrity of the project.
c. Definition of common areas to be maintained and provision of maintenance for these
areas, including the common access driveway.
d. Provision of a funding mechanism to ensure maintenance and upkeep of common areas
and shared building walls and roofs to be repaired, repainted, and/or replaced as
necessary.
e. Provision for the availability of an interior garage space for the parking of two vehicles at
all times.
f. Provision to prohibit the use of parking spaces for storage purposes, including boats,
trailers, and recreational vehicles.
g. The on-site sewer shall be privately maintained.
13. Contractor Contact Information Posting: The project site shall be posted with the name and
contact number of the lead contractor in a location visible from the public street prior to the
issuance of building permits.
Building Division
14. Permits Required: A building permit application shall be required for each proposed new
residential structure. The building permit shall include Electrical/Plumbing/Mechanical fees
when such work is part of the permit.
15. Plan Preparation: This project requires plans prepared under the direction and oversight of a
California licensed Engineer or Architect. Plans submitted for building permits shall be "wet
stamped" and signed by the qualifying professional person.
16. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of
construction plans submitted for building permit.
17. Size of Plans: The size of construction plans submitted for building permits shall be 24
inches by 36 inches.
18. Soils Report: Two copies of a current soils report, prepared to the satisfaction of the
Building Official, containing foundation and retaining wall design recommendations shall be
City Council Resolution
PLN2004-09 - 243 W. Rincon Avenue- Planned Development Permit
Page 6
submitted with the building permit application. This report shall be prepared by a licensed
engineer specializing in soils mechanics.
19. Site Plan: Application for building permit shall include a competent site plan that identifies
property and proposed structures with dimensions and elevations as appropriate. The site
plan shall also include site drainage details.
20. Foundation Inspections: A pad certificate prepared by a licensed civil engineer or land
surveyor shall be submitted to the project building inspector upon foundation inspection.
This certificate shall certify compliance with the recommendations as specified in the soils
report and the building pad elevation and on-site retaining wall locations and elevations are
prepared according to approved plans. Horizontal and vertical controls shall be set and
certified by a licensed surveyor or registered civil engineer for the following items:
a. pad elevation
b. finish floor elevation (first floor)
c. foundation corner locations
21. Title 24 Energ~pliance: California Title 24 Energy Compliance forms CF-1R and MF-
1R shall be blue-lined on the construction plans. 8%z X 11 calculations shall be submitted as
well.
22. ~ecial Inspections: When a special inspection is required by U.B.C. Section 1701, the
architect or engineer of record shall prepare an inspection program that shall be submitted to
the Building Official for approval prior to issuance of the building permits, in accordance
with U.B.C. Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from
the Building Inspection Division Counter.
23. Non-Point Source Pollution Control: The City of Campbell standard Santa Clara Valley
Non-point Source Pollution Control Program specification sheet shall be part of plan
submittal. The specification sheet (size 24 inches by 36 inches) is available at the Building
Division service counter.
24. P.G.&E.: The applicant is advised to contact P.G.&E. as early as possible in the approval
process. Service installations, changes and/or relocations may require substantial scheduling
time and can cause significant delays in the approval process. The applicant should also
consult with P.G.&E. concerning utility easements, distribution pole locations and required
conductor clearances.
25. Demolition of Structures: All demolitions of existing structures require approval of a
building permit by the City of Campbell Building Inspection Division. Contact the Division
concerning requirements for demolitions prior to attempting to demolish any structures.
26. Approvals Required: The project requires the following agency approval prior to issuance of
the building permit:
a. West Valley Sanitation District (378-2407)
City Council Resolution
PLN2004-09 - 243 W. Rincon Avenue- Planned Development Permit
Page 7
b. Santa Clara County Fire Department (378-4010)
c. Bay Area Air Quality Management District (Demolitions Only)
d. School District:
i. Campbell Union School District (378-3405)
ii. Campbell Union High School District (371-0960)
iii. Moreland School District (379-1370)
iv. Cambrian School District (377-2103)
Note: To determine your district, contact the offices identified above. Obtain the School
District payment form from the City Building Division, after the Division has approved
the building permit application.
27. Construction Fencing: This project shall be properly enclosed with construction fencing to
prevent unauthorized access to the site during construction. The construction site shall be
secured to prevent vandalism and/or theft during hours when no work is being done. All
protected trees shall be fenced to prevent damage to root systems.
28. Formal Plan Review: Review of this development proposal is limited to accessibility of site
access and water supply as they pertain to fire department operations, and shall mot be
construed as a substitute for formal plan review to determine compliance with adopted model
codes. Prior to performing any work the applicant shall make application to, and receive
from, the Building Division all applicable construction permits.
29. Rice uired Fire Flow: The required fire flow for this project is 1,000 gpm at 20 psi residual
pressure. The required fire flow is available from area water mains and fire hydrant(s),
which are located at the required spacing.
30. Fire Lane Marking Re uired: Roadways deemed necessary to facilitate emergency vehicle
access, shall be identified in accordance with Fire Department Standard Details and
Specifications A-6 and Local Government Standards.
31. Reauired Access to Water Supply (H dy rants Portions of the structure(s) are greater than
150 feet of travel distance from the centerline of the roadway containing public fire hydrants.
Provide an approved fire sprinkler system throughout all portions of unit # 3.
32. Timing of Required Roadway Installations• Required access roads, up through first lift of
asphalt, shall be installed and accepted by the Fire Department prior to the start of
construction. Bulk combustible materials shall not be delivered to the site until installation is
complete. During construction, emergency access roads shall be maintained clear and
unimpeded. Note that building permit issuance may be withheld until installations are
complete.
City Council Resolution
PLN2004-09 - 243 W. Rincon Avenue- Planned Development Permit
Page 8
33.Premises Identification: Approved numbers or addresses shall be placed on all new and
existing buildings in such a position as to be plainly visible and legible from the street or
road fronting the property. Numbers shall contrast with their background.
PUBLIC WORKS DEPARTMENT
34. Parcel Man: Prior to issuance of any building permits for the project, the applicant shall
submit a parcel map for recordation upon approval by the City. The current plan check fee is
$2,400 plus $35 per lot.
35. Public Service Easement: Upon recordation of the parcel map, the applicant shall grant a ten
(10) foot public service easement on private property contiguous with the public right-of--way
along the West Rincon Avenue frontage. The applicant shall cause all documents to be
prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and
recordation.
36. Private Easements: Upon recordation of the parcel map, the applicant shall cause private
easements to be recorded for private utilities, drainage, reciprocal ingress and egress,
emergency vehicles, etc.
37. Monumentation for Parcel Man: Prior to recordation of the parcel map, the applicant shall
provide security for setting all monuments shown on the map.
38. Street Improvements: Upon recordation of the parcel map, the applicant shall execute a
street improvement agreement, cause plans for public street improvements to be prepared by
a registered civil engineer, pay various fees and deposits, post security and provide insurance
necessary to obtain an encroachment permit for construction of the standard public street
improvements, as required by the City Engineer. The plans shall include the following:
a. Removal of existing driveway approach and necessary sidewalk, curb & gutter.
b. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway
approach.
c. Installation of City approved street trees and irrigation at 40 feet on center.
d. Installation of traffic control, stripes and signs.
e. Construction of conforms to existing public and private improvements, as necessary.
39. Occupancy Prior to allowing occupancy for any and/or all buildings, the applicant shall
have the required street improvements installed and accepted by the City.
40. Water Meter(s) and Sewer Cleanout(s~ Existing and proposed water meter(s) and sewer
cleanout(s) shall be installed on private property behind the public right-of--way line.
41. Soils Report: Prior to issuance of any grading or building permits for the site, applicant shall
provide a soils report prepared by a registered geotechnical or civil engineer.
City Council Resolution
PLN2004-09 - 243 W. Rincon Avenue- Planned Development Permit
Page 9
42. Utilities: All new on-site utilities shall be installed underground per Section 20.36.150 of the
Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall
comply with all plan submittals, permitting, and fee requirements of the serving utility
companies.
43. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant
shall submit a utility coordination plan and schedule for approval by the City Engineer for
installation and/or abandonment of all utilities. Streets that have been resurfaced within the
previous five years will require boring and jacking for all new utility installations. Applicant
shall also prepare pavement restoration plans for approval by the City Engineer prior to any
utility installation or abandonment.
44. Grading and Drainage Plan: Prior to issuance of any grading or building permits for the site,
the applicant shall conduct hydrology studies based on a ten-year storm frequency, prepare
an engineered grading and drainage plan, and pay fees required to obtain necessary grading
permits. The plans shall comply with the 1998 edition of the California Building Code
including Chapters 10, 11, 18, 33, and Appendix Chapter 33.
45. Storm Drain Area Fee: Prior to recordation of the parcel map, the applicant shall pay the
required Storm Drain Area fee of $2,250.00 per net acre, which is $450.00.
46. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building
permits, the applicant shall comply with the National Pollution Discharge Elimination
System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and
the Campbell Municipal Code regarding Stormwater pollution prevention. The primary
objectives are to improve the quality and reduce the quantity of Stormwater runoff to the bay.
Resources to achieve these objectives include Stormwater Best Management Practices
Handbook for New Development and Redevelopment ("CA BMP Handbook") by the
California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design
Guidance Manual for Stormwater Quality Protection ("Start at the Source") by the Bay Area
Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design
Techniques to Meet Development Standards for Stormwater Quality: A Companion
Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003.
47. Operation and Maintenance of Stormwater Pollution Prevention Measures: Prior to
recordation of the final map, the applicant shall execute an agreement and provide security
for the operation and maintenance of Stormwater pollution prevention measures installed or
provided as a part of this project.
48. Covenants, Conditions, and Restrictions: Provide copies of CC&Rs for review by the City
prior to recordation of the parcel map and CC&Rs.
City Council Resolution
PLN2004-09 - 243 W. Rincon Avenue- Planned Development Permit
Page 10
49. Demolition: Prior to recording of the parcel map the applicant shall obtain a demolition
permit and remove any nonconforming structures.
PASSED AND ADOPTED this 4th
call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
day of May , 2004, by the following roll
Furtado, Watson, Dean, Kennedy, Burr
None
None
None
APPROVE -~
Donald R. Burr, Mayor
ATTEST:
Anne Bybee, City Clerk
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RESOLUTION NO. 1032
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING A TENTATIVE PARCEL MAP (PLN2004-
10) TO CREATE THREE RESIDENTIAL LOTS AND ONE COMMON
LOT ON PROPERTY OWNED BY MR. HADI GHAFOURI LOCATED
AT 243 W. RINCON AVENUE IN A P-D (PLANNED
DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. OMID
SHAKERI. FILE NO. PLN2004-10.
After notification and public hearing, as specified by law, 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 application PLN2004-10:
1. The proposed creation of three residential lots and one common lot is consistent with the
Medium Density Residential (14-20 units per gross acre) General Plan land use designation
for the property.
2. The proposed Tentative Parcel Map is consistent with the Planned Development Zoning
Ordinance.
3. The provisions of the Covenants Conditions and Restrictions are necessary to ensure the
long-term maintenance of the common access driveway and landscaping.
4. The Tentative Parcel Map has been distributed to local agencies, including Pacific Gas and
Electric, West Valley Sanitation District, Santa Clara Valley Transportation Authority and
the Santa Clara Valley Water District. None of these agencies raised any concerns about
providing services to the proposed lots.
5. The project qualifies as Categorically Exempt under Section 15315, Class 15 of the
California Environmental Quality Act (CEQA).
Based upon the foregoing findings of fact, the City Council further finds and concludes that:
1. The proposed Tentative Parcel Map is consistent with the General Plan and Zoning
Ordinance of the City.
2. The proposed Tentative Parcel Map 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 Tentative Parcel Map provides, to the extent feasible, for future passive or
natural heating and cooling opportunities.
City Council Resolution
PLN2004-10 - 243 W. Rincon Avenue -- Tentative Parcel Map
Page 2
4. The development and uses will be compatible with the General Plan of the City and will aid
in the harmonious development of the immediate area.
5. There is a reasonable relationship and a rough proportionality between the conditions of
approval and the impacts of the project.
6. There is a reasonable relationship between the use of the fees imposed upon the project and
the type of development project.
6. No substantial evidence has been presented from which a reasonable argument could be
made that shows that the project, as currently presented and subject to the required conditions
of approval, will have a significant adverse impact on the environment.
NOW, THEREFORE, BE IT RESOLVED that the City Council approves a Tentative
Subdivision Map (PLN2003-141) to create three residential lots and one common lot on property
owned by Mr. Hadi Ghafouri located at 243 W. Rincon Avenue, subject to the following
conditions:
Where approval by the Director of Community Development, City Engineer, Public Works
Director, City Attorney or Fire Department is required, that review shall be for compliance with
all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and
regulations and accepted engineering practices for the item under review. 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 that pertain to this development
and are not herein specified.
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
1. Approved Project: Approval is granted for a Tentative Subdivision Map to create five
residential lots and one common lot at 243 W. Rincon Avenue. The Subdivision Map shall
substantially conform to the Tentative Subdivision Map prepared by SMP Company, Civil
Engineer and dated November 17, 2003, except as may be modified by the conditions of
approval herein.
2. Approval Ex iration: The Tentative Subdivision Map approval is valid for a period of two
years from the date of final City Council approval unless an extension is granted prior to the
expiration date.
3. Subdivision Map: The Planned Development Permit approval is contingent upon recordation
of the Subdivision Map to divide the subject property. The Final Map shall be recorded prior
to the issuance of building permits.
4. Covenants. Codes and Restrictions (CC&Rs~ Prior to recordation of the Subdivision Map
and CC&R's, the applicant shall submit for review and approval by the City Attorney and
City Council Resolution
PLN2004-10 - 243 W. Rincon Avenue -- Tentative Parcel Map
Page 3
Community Development Director a copy of the draft CC&Rs which shall include the
following:
a. The formation of a homeowner's association to ensure the long-term maintenance of the
buildings and property.
b. Continued architectural controls to ensure the architectural integrity of the project.
c. Definition of common areas to be maintained and provision of maintenance for these
areas, including the common access driveway.
d. Provision of a funding mechanism to ensure maintenance and upkeep of common areas
and shared building walls and roofs to be repaired, repainted, and/or replaced as
necessary.
e. Provision for the availability of an interior garage space for the parking of two vehicles at
all times.
f. Provision to prohibit the use of parking spaces for storage purposes, including boats,
trailers, and recreational vehicles.
g. The on-site sewer shall be privately maintained.
5. Park Impact Fee: A park impact fee of $7,035 per unit is due upon development of the site.
Credit in the amount of $10,990 will be given for the existing single-family residence. Prior
to recordation of the Parcel Map, 75% of this fee is due. The remaining 25% is due prior to
issuance of a certificate of building occupancy.
6. Property Maintenance: The property is to be 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 and 11.414, 1985 Ed. Uniform Fire Code).
PUBLIC WORKS DEPARTMENT
7. Tentative Man: The applicant shall submit a tentative map for review by the City. The
current application processing fee is $4,170.00.
8. Final Map: Prior to issuance of any grading or building permits for the project, the applicant
shall submit a final map for review by the City and recordation, upon approval by the City
Council. The current plan check fee is $3,200 plus $35 per parcel.
9. Preliminary Title Report: Upon submittal of the tentative map, the applicant shall provide a
current Preliminary Title Report.
City Council Resolution
PLN2004-10 - 243 W. Rincon Avenue -- Tentative Parcel Map
Pa~4
10. Private Easements: Upon recordation of the final map, the applicant shall cause private
easements to be recorded for: private utilities, private storm drains, reciprocal ingress and
egress, emergency vehicles, etc.
11. Monumentation for Final Map: Prior to recordation of the final map, the applicant shall
provide security for setting all monuments shown on the map.
12. Street Improvements: Upon recordation of the final map, the applicant shall execute a street
improvement agreement, cause plans for public street improvements to be prepared by a
registered civil engineer, pay various fees and deposits, post security and provide insurance
necessary to obtain an encroachment permit for construction of the standard public street
improvements, as required by the City Engineer. The plans shall include the following:
a. Removal of curb, gutter, sidewalk and driveway approach.
b. Installation of curb, gutter, sidewalk and ADA compliant driveway approach.
c. Construction of conforms to existing public and private improvements, as necessary.
13. Occupancy Prior to allowing occupancy for any and/or all buildings, the applicant shall
have the required Street Improvements installed and accepted by the City.
14. Water Meter(s) and Sewer Cleanout(s~ Proposed water meter(s) and sewer cleanout(s) shall
be installed on private property behind the public right-of--way line.
15. Soils Report: Prior to issuance of any grading or building permits for the site, applicant shall
provide a soils report prepared by a registered geotechnical or civil engineer.
16. Utilities: All new on-site utilities shall be installed underground per Section 20.36.150 of the
Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall
comply with all plan submittals, permitting, and fee requirements of the serving utility
companies.
17. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant
shall submit a utility coordination plan and schedule for approval by the City Engineer for
installation and/or abandonment of all utilities. Streets that have been resurfaced within the
previous five years will require boring and jacking for all new utility installations. Applicant
shall also prepare pavement restoration plans for approval by the City Engineer prior to any
utility installation or abandonment.
18. Grading and Drainage Plan: Prior to issuance of any grading or building permits for the site,
the applicant shall conduct hydrology studies based on a ten-year storm frequency, prepare
an engineered grading and drainage plan, and pay fees required to obtain necessary grading
permits. The plans shall comply with the 1998 edition of the California Building Code
including Chapters 10, 11, 18, 33, and Appendix Chapter 33.
City Council Resolution
PLN2004-10 - 243 W. Rincon Avenue -- Tentative Parcel Map
Page 5
19. Storm Drain Area Fee: Prior to recordation of the final map, the applicant shall pay the
required Storm Drain Area fee of $2,250.00 per net acre, which is $825.00.
20. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building
permits, the applicant shall comply with the National Pollution Discharge Elimination
System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and
the Campbell Municipal Code regarding stormwater pollution prevention. The primary
objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay.
Resources to achieve these objectives include Stormwater Best Management Practices
Handbook for New Development and Redevelopment ("CA BMP Handbook") by the
California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design
Guidance Manual for Stormwater Quality Protection ("Start at the Source") by the Bay Area
Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design
Techniques to Meet Development Standards for Stormwater Quality.• A Companion
Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003.
21. Covenants, Conditions, and Restrictions: Provide copies of CC&Rs for review by the City
prior to recordation of the final map and CC&Rs.
22. Demolition: Prior to recording of the final map the applicant shall obtain a demolition permit
and remove any nonconforming structures.
PASSED AND ADOPTED this 4th day of May , 2004, by the following roll
call vote:
AYES: COUNCILMEMBERS: Furtado, Watson, Dean, Kennedy, Burr
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
APPROV'~" ~ ~~!
Donald R. Burr, Mayor
ATTEST:
Anne Bybee, City Clerk
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47fxl6T: ANNE BY?EE, CITY CIEAK, CITY
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ARCH AQ~
CITY of CAMPBELL
City Clerk's Office
May 7, 2004
Mr. Omid Shakeri
The Ridgecrest Group
3131 S. Bascom Avenue, #110
Campbell, CA 95008
Dear Mr. Shakeri:
At the regular meeting of May 4, 1004, the City Council held a public hearing to consider
your application, on behalf of The Ridgecrest Group, for a Zone Change (PLN 2004-08)
from R-2-S (Multiple Family Residential) to P-D (Planned Development); a Planned
Development Permit (PLN 2004-09) to allow the construction of three townhome units; and
a Tentative Parcel Map (PLN 2004-10) to create three residential lots and one common lot
on property, owned by Mr. Hadi Ghafouri, located at 243 W. Rincon Avenue in a R-2-S
(Multiple Family Residential) Zoning District.
After hearing public testimony and following City Council discussion and deliberation, the
following action was' taken:
1. Gave first reading to Ordinance 2045 approving a Zone Change (PLN 2004-08) from
R-2-S (Multiple Family Residential) to P-D (Planned Development) for property located
at 243 W. Rincon Avenue. Second reading and adoption of this Ordinance will be
given at the regular City Council meeting of May 18, 2004. A certified copy of the
Ordinance will be forwarded to you after this meeting.
2. Adopted Resolution No. 10326 approving a Planned Development Permit (PLN 2004-
09) to allow the construction of three townhomes, incorporating findings and subject to
the Conditions of Approval, on property located at 243 W. Rincon Avenue; and
3. Adopted Resolution No. 10327 approving a Tentative Subdivision Map (PLN 2004-10)
to allow the creation of three lots and one common lot, incorporating findings and
subject to the Conditions of Approval, on property located at 243 W. Rincon Avenue.
Continued ...
70 North First Street Campbell, California 95008.1423 Tee 408.866.2117 Fnx 408.374.6889 Too 408.866.2790
Page 2
A certified copy of Resolution 10326 and Resolution 10327 is attached for your records.
Please do not hesitate to contact this office (866-2117) or Geoff Bradley, Senior Planner,
Community Development Department, should you have any questions in regard to the City
Council's action.
incerely,
~-~
~~
nne Bybee
City Clerk
Enc.
~~~~ c~~~
cc. Geoff Bradley, Senior Planner