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400 Union Ave. (87-11) ORDINANCE NO. 1695 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AMENDING THE ZONING MAP FOR PROPERTY KNOWN AS 400 UNION AVE., AS SHOWN ON THE ATTACHED EXHIBIT (APPLICATION OF HR. A. XOTYLAR, ZC 87-12). 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 chansed and amended by adopting the attached Exhibit A entitled Map of Said Property, as per the application of Mr. Alex Kotylar for approval of a Zone Chanse for property known as 400 Union Ave. from R-3-S (Multiple Family Residential) to PD (Planned Development). _ SECTION TWO: This Ordinance shall become effective thirty days following its passage and adoption and shall be published once within fifteen days upon passage and adoption in'~ San Jose Mercury News, a newspaper of general circulation in the City ofJCampbell, County of Santa Clara. PASSED AND ADOPTED this 3rd day of roll call vote: May , 19 88 by the following AYES: NOES : Counci1members: Ashworth, Kotowski, Doetsch Councilmembers: Watson, Podgorsek ABSENT: Councilmembers: None APPROVED: A'l'TEST: rbara Olsasky, City Clerk By: Louise B. Pena, Deputy City Clerk THE FOr;:?5'!"O '~'~'!'1l1't.~ t~ .~ 1'MUi AND C'>~"-, - "''''w ~ fl - ON Ht" III "f" ...;. _'~" T ~ ORIGINAL '- . --'-".-1', /'.TTEST: E'/d~P.~.~'1\ ~'" "'i '~I~V CI~" , rlTY CLERK BY, CAr,,"C-'cl., C".~lf~.. r~ DATED ~'7 ~ K- ( RECEIVED MAY 91988 PUBLIC WORKS ENGINEERING .... '- , .. _/ \ ] '-- , . r r r' L 1 I T I r I . I \. .. I . . .-. ::t\. ... N I . I J , .; .. .- .... .' /' 'I ...- .-..... .....:....1 ~l .~....; . . X ., ~ z....;,;' .... y .~. " "-. '., ~' ...," ..,/ .. " . / , - .0. ,w > 'C . . . ~ t 2CjS'7- .2 P Dr '>>,--1 , I fI . J -,' , Ir. 4' EXHIBIT C - PUBLIC HEARING BEFORE PLANNING COMMISSION ON 2/23/88. RES. 2513 RECOMMEND- , ING APPROVAL PD PERMIT - 21 TOWNHOMES - . .~ ." ORDINANCE NO. 1696 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A PLANNED DEVELOPMENT PERMIT, PLANS, ELEVATIONS, DEVELOPMENT SCHEDULE, AND CONDITIONS OF APPROVAL TO ALLOW CONSTRUCTION OF 21 TOWNHOMES ON PROPERTY KNOWN AS 400 UNION AVE. IN A PD (PLANNED DEVELOPMENTI BIGH DENSITY llESIDENTIAL) ZONING DISTRICT. (APPLICATION OF HR. A. XOTYLAR . PD 87-11). 1be City Council of the City of Campbell does ordain as follows: SECTION ONE: That the Zoning Hap of the City of Campbell is hereby changed and amended on property known as 400 Union Ave. by adopting the attached Exhibit A entitled Plans and Elevations; Exhibit I entitled Development Schedule; Exhibit C entitled Map of Said Property; and Exhibit D entitled Conditions of Approval. as per the application of Hr. Alex Xotylar for plans, elevations, and development schedule to allow the construction of 21 townhomes in a Planned Development Zoning District. Copies of said Exhibits are on file in the Planning Department. SECTION TWO: This Ordinance shall become effective 30 days followins its passage and adoption and shall be published once within 15 days upon passage and adoption in the San Jose Mercury News, a newspaper of leneral circulation in the City of Campbell, County of Santa Clara. PASSED AND ADOPTED this 3 rd day of May Toll call vote: , 1988 , by the following AYES: Councilmembers: Ashworth, Kotowski, Doetsch NOES: .Councllmembers: Watson, Podgorsek . ABSENT: Councilmembers: None APPROVED: ~- A'l'TEST: I arbara Olsasky, City Clerk By: Louise B. Pena, Deputy City Clerk TH~ F()~~~OINO INSTRUMENT IS A TRUE AND CORRECT COpy OF THE ORIGINAL ON FilE IN THIS OFFICr:, <4 BY, -. EXHIBIT B j STANDARD DEVELOPMENT SCHEDtn.E ~LE NO: ZC 87-12/PD 87-11 APPLICANT: KOTYlAR.. A. SItE ADDRESS: 400 UNION AVE. 1. Conscructlon to begin wIthin one year of final approval. 2. Construccion co be completed wIthin one year of scarting dace. .OTE: Above Development Schedule 1. . .tandard ulee! by che Plannlnl Deparmenc when applicant hal not .ubmlcted a .chedule for bb projecc. " .;. . ". CONDITIONS OF APPROVAL - FILE. ZC 87.12/pD 87.11 SITE ADDRESS: 400 UNION AVE. APPLICANT: KOTnAR. A. ~C HTC DATE: 2.23.88 EXHIBIT D Tbe applican~ Is hereby no~ified, as part of ~hls application, that he/she is required ~o aeet the following conditions in accordance vith the Ordinances of che City of Campbell and the Laws of the State of California. Add 1 tipnally , the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and che State of California which pertain to this development and are not hereiD .pecified. 1. aevised elevations and/or .ite plan to be .ubmitted to the Plannins >>epartment and approved by the Planning Director upon recommendation of the Architectural Advisor prior to applica~ion for a building permit. 2. Proper~ to be fenced and lendscaped as indicated and/or added in red on the pl~. Landscapins and fencins .hall be .aintained in accordaDce vi th the approved plans. 3. Landscaping plan Indicating me and .be of plant .aterial. and location of 1rr1satlon system to be submltted to the Planning >>apartment and approved by the Site and Architectural aeview Committee and/or Planning Commission prior to i.suance of a bulldlnS perm1t. 4. Fenclns plan lnd1cat1ns locat10n and des1m detalls of fencing to be submitted to the Planning Department and approved by the Planning Director prior to issuance of a buildins permit. S. Applicant to elther (1) post. faithful performance bond in the amount of $15,000.00 to insure landscapins. fencing. and .triping of parkins area. within 3 Donths of completion of construction; or (2) file written agreement CO complet. landscaping. fencing, and .tripins of parkini ar.... Bond or asreement to be fU.d with the Plannins Department prior to application for a build1ns permlt. 6. Applicant ~ .ubm1t a plan to the Planning Department, prior to 1~tal1ation of PC&E utility (transformer) boxes, indicatins the location of the boxes and scr.enlns (if boxes ar. above around) for approval of the Plann1na Dir.ctor. 7. All .echanlcal equipment on roofs and all utility ..t.rs to be acr.eDed .. approv.d by the Planning Dir.ctor. I. Bul1dlng occupancy v111 Dot b. allow.d untl1 public lmprovements are iDsul1e4. t. All parkina and drlv.way ar.as to be developed in complianc. vlth Chapt.r 21.50 of the Campbell Municipal Code. All parJdna .pac.. to . be provided vith appropriate concr.te curbs or bumper cuarda. 10. Underlround utiliti.. to be provided a. r.quir.d by S.ction 20.36.150 of d\e Campb.ll Mu.n1cipal Code. . CONDITIONS OF APPROVAL - FILE. ZC 87-12/PD 87-11 SITE ADDRESS: 400 UNION AVE. APPLICANT: KOTYUJl, A. PC KIC DATE: 2-23-88 PACE 2. 11. Plans submitted to the Building Department for plan check ahall indicate clearly the locatIon of all connectio~ for underground utI1ItI.a including water, aewer, electric, telephone and televi.Ion cables, etc. 12. Sign application to be submitted in accordance with provlsio~ of the Sign Ordinance for all siJna. No.sisn to be installed until application is approved and permit i..ued by Planning and Building Departmenta (Section 21.53 of the Campbell Municipal Code). 13. Ordinance No. 782 of the Campbell Municipal Code atipulates that any contract for the collection and disposal of refuse, larbage, wet garbage and rubbish produced wIthin the limits of the City of Campbell shall be ..de with Creen Valley Disposal Company. This requirement applies to all single-family dwelllnls, aultiple apartment units, to all cOllllllerclal, busineas, industrial, aanufacturlng, and co~tnaction establishments. 14. Trasb container(s) of a size and quantlty necellary to aerve the development shall be located in area(s) approved by the Fire Department. Unless otherwise noted, enclosure(s) ahall co~ist of a concrete floor surrounded by a aolid wall or fence and have self-closing doors of a size specified by the Fire Department. All enclosure. to be constnacted at Irade level and have a level area adjacent to the trash enclosure area to service these containers. 15. Applicant shall comply with all appropriate State and City requirements for the handicapped. . . . . 16. Noise levels for the interior of residential units shall comply with alnlmum State (Title 25) and local atand&r~ as indicated in the Noise Ele~ent of the Campbell General Plan. 17. Applicant 1. hereby notified that be will be required to pay Park Dedication In-L1eu Fee which will be asses.ed at the time the aubdivisioD aap 1. submitted. 11. lb. applicant 1. bereby notified that the property i. to be D&lntained free of arry combustible trash, debris and ve.ds, until the time that actual CoftStruction COllllllence.. All exbtlnl atnactures shall be .ecured by bevlnl windows boarded up and doors .ealed .but, or be demolisbed or removed from the propert,y. Sect. 11.201 , 11.414, 1979 Ed. UnifoJ:II Fire Code. BUILDING DEPARTMENT . . 19. aetalniftl vall. at propert,y lines are limited to . bellht of 15 inches If coftStructad of wood. 20. '!'here -7 .. a nquire.ent CO .how 2 ult. froll the Srd floor area. Other cONItZ'UCtion &'e.erved for CODltnact!OD plans. CONDITIONS OF APPROVAL - FILE. ZC 87.12/pD 87.11 SITE ADDRESS: 400 UNION AVE. APPLICANT: KOTYlAR, A. PC KTC DATE: 2-23.88 RACE 3. PUBLIC YORKS DEPARTMENT 21. ~rocess and file a subdivision ..p. 22. aeimburse City the cost of street improvements. 23. Dedicate '30 foot half.street right-of-way on Union Ave. frontage. 24. Meet any other .requirementa al determined by the City Engineer. FIRE DEPARTKENT 24. Plans to be reviewed as a.l occupancy due to lack of proper~ line protection. 25. Provide an automatic or manual fire alarm ayatem per CAC Title 24, Section 2-1216(.). 26. Smoke detectors (hard vired) ahall be provided. 27. Provide one on-site fire hydrant. 28. Provide fire extinguishers. 29. Building construction ahall be one.hr. (unless buildings are protected with automatic sprinkler sYltem. 30. Keet any other requirements aa determined by the Fire Department. - . *** FINDINGS FOR APPRC RECOMMENDED FINDINGS: ZC 87.12 SITE ADDRESS: 400 UNION AVE. APPLICANT: KOTYLAR.. A. P. C. HTG: 2-23-88 Site and Architectural Approval 1_ The proposed project is an appropriate scale in relationship to the adjacent developed uses. 2. The project is well designed and architecturally blends into the neighborhood. 3. The building design is considered acceptable and interesting by the Architectural Advisor. 4. The project density of 2l units per gross acre is consistent with the General Plan designation of High Density Residential (21.27 units per gross acre). s. The 68 parking spaces provided exceeds the code requirements by lO. 6. The project is designed to minimize infringement on neighboring properties. , 7. The project is of a high quality design and will be aesthetically pleasing. 8. Substantial landscaping has been provided which adds to the aesthetics of the project. Planned Development Permit 1. The proposed'development or uses clearly will result in a more desirable environment and use of land than would be possible under any other zoning classification.:i 2. The us~vill be compatible with the General Plan of the City of Campbell and will aid in the harmonious development of the i~ediate area. Zone Chanlte ~ 1. The proposed zoning will be consistent with the Land Use Element of the General Plan. 2. The proposed zoning will be compatible with the surrounding zonings and land uses. 3. The proposed zoning will not be detrimental to the health, safety, peace, .orals, . comfort or general welfare of 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. RECOMMENDED FINDINGS FOR DENIAL: ZC 87-12/PD 87-11 SITE ADDRESS: 400 UNION AVE. APPLICANT: KOTYLAR, A. CC MTG: 4-19-88 1. The proposed project is not of appropriate scale in relationship to the adjacent developed uses. 2. The project will not architecturally blend into the neighborhood. The long linear building will not enhance the area. 3. The project is not designed to minimize infringement on neighboring properties. It will overlook the project to the south and create a loss of pri vacy . 4. The tandem parking plan will result in insufficient useable parking for the project. 5. The proposed development clearly will not result in a more desirable environment and use of land than would be possible under any other zoning classification.