CC Resolution 9898
RESOLUTION NO. 9898
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL APPROVING A PLANNED DEVELOPMENT
PERMIT (PLN2001-14) TO ALLOW THE CONSTRUCTION OF
FIVE SMALL-LOT, SINGLE-FAMILY RESIDENCES ON
PROPERTY LOCATED AT 1345-1365 ELAM AVENUE.
APPLICATION OF MR. REZA NOROUZI, ON BEHALF OF MR.
AKBAR ABDOLLAHI. FILE NO. PLN2001-14.
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 PLN2001-14:
1. The development of the proposed project will result in a use that is consistent with the
General Plan land use of residential uses for this area.
2. The proposed density of 6.3 units per gross acre is no greater than the density allowance of 6-
13 units permitted in the R-M-S (Multiple-Family Residential) Zoning District.
3. Up to nine (9) units could be constructed in an R-M-S Zoning District, where five (5) are
proposed in the Planned Development District.
4. The site plan proposes the construction of five (5) single-family homes each on individual
lots. Lots 1, 2, and 4 take access directly off Elam Avenue. Lots 3 and 5 are accessed by a
20-foot wide, decoratively paved common driveway, running along the east property line.
Per the San Tomas Plan, all of the units are set back a minimum of 15 feet from adjacent
properties. Each of the units has a private rear yard with a minimum depth of 15 feet and a
front yard with a minimum depth of 20 feet. Proposed landscaping will occupy
approximately 56% of the project site.
5. The project provides twenty (20) on-site parking spaces, where 18 spaces are required.
6. The completed project would consist of five (5) new single-family homes covering 27.5% of
the lot with building, 16.1 % with paving, and 56.4% with landscaping.
7. The project will have a floor area ratio of .47.
8. The proposed project is surrounded by other residential uses, with apartments to the north,
single-family homes to the south and east, and a Santa Clara Valley Water District Flood
Control Channel to the west.
9. The proposed massing and design is consistent with other developments in the surrounding
area and is consistent with the development standards for residential uses.
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10. An initial study was prepared for this project and no significant environmental impacts were
found.
Based upon the foregoing findings of fact, the City Council further finds and concludes that:
1. The proposed development and uses clearly will result in a more desirable environment and
use of the land than would be possible under any other zoning classification.
2. 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.
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; and
4. The proposed development will not be detrimental to the health, safety or welfare of the
neighborhood or the City as a whole.
5. 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.
6. There is a reasonable relationship and a rough proportionality between the Conditions of
Approval and the impacts of the project.
Now, therefore, be it resolved that the City Council does hereby approve the Planned
Development Permit subject to the following Conditions of Approval.
CONDITIONS OF APPROVAL
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
Plannine Division
1. Approved Project: Approval is granted to construct five (5) single-family homes. The
building designs and site design shall substantially conform to the project exhibits listed
below, except as may be modified by the Conditions of Approval herein:
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a. Set of plans prepared by Memarie Associates received on May 9, 2001, including
building elevations, site plan, and a conceptual landscape plan.
b. Color elevations and materials board submitted by Memarie Associates on May 9, 2001.
c. Tentative Subdivision Map prepared by SMP Civil Engineers submitted on March 22,
2001.
d. The Planned Development Permit approval shall expire and be void one year from the
date of final approval, unless, a building permit is obtained. Construction must be
completed one year thereafter or the Planned Development Permit shall be void.
2. Landscaping: The applicant shall submit four sets of landscape and irrigation plans to the
Planning Division, prior to the issuance of building permits, for review and approval by the
Community Development Director for compliance with all applicable conditions of
approval, ordinances, laws and regulations.
a. Landscape and irrigation plans shall be consistent with the Conceptual Landscape Plan
already submitted and the City's Water Efficient Landscaping Standards (WELS).
b. In addition to the trees shown on the preliminary landscape plan, two (2) 36-inch box
trees shall be required as a replacement for the 16-inch diameter Fir and 24-inch diameter
Willow trees that were removed without a Tree Removal Permit and all trees on site shall
be 24-inch box size.
c. The landscape plan for Lot 1 shall take into consideration the proximity of the adjacent
creek channel and have a design compatible with the creek.
3. Parking and Driveways:
a. All parking and driveway areas shall be developed in compliance with Chapter 21.50 of
the Campbell Municipal Code.
b. The applicant shall provide decorative pavement within the driveway and in front of the
garages where uncovered parking spaces are provided in the development. The design
and materials to be used for the decorative pavement shall be reviewed and approved by
the Community Development Director for compliance with all applicable conditions of
approval, ordinances, laws and regulations prior to issuance of building permits for the
project.
4. Covenants, Codes and Restrictions (CC&Rs): The applicant shall be required to submit for
review and approval by the City Attorney and Community Development Director a copy of
the CC&Rs which shall provide for the formation of a homeowner's association to ensure the
long-term maintenance of the access driveway and associated landscaping.
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 final subdivision map, 75% of this fee is due. The remaining 25% is
due prior to issuance of a certificate of building occupancy.
6. Fences: Any newly proposed fencing shall comply with Section 21.59.090 of the Campbell
Municipal Code and shall substantially comply with the fence detail dated February 5, 2001
provided by Williams Residential Design.
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7. 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).
8. Utility Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to
installation of PG&E utility (transformer) boxes and San Jose Water Company back-flow
preventers, indicating the location of the boxes and screening (if the boxes are above ground)
for approval by the Planning Division.
9. On-site lighting: 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.
Buildin2 Division:
10. Permits Required: A building permit application shall be required for each proposed new
structure. The building permit shall include ElectricaVPlumbing/Mechanical fees when such
work is part of the permit. A grading permit shall be required for the subdivision.
II. 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.
12. Construction Plans: The conditions of Approval shall be stated in full on the cover sheet of
construction plans submitted for building permit.
13. Size of Plans: The minimum size of construction plans submitted for building permits shall
be 24 in. X 36 in.
14. 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
submitted with the building permit application. This report shall be prepared by a licensed
engineer specializing in soils mechanics.
IS. Site Plan: Application for building permit shall include a competent site plan that identifies
property and proposed structures with dimensions and elevations as appropriate. Site plan
shall also include site drainage details.
16. 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:
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a. pad elevation
b. finish floor elevation (first floor)
c. foundation comer locations
17. Title 24 Energy Compliance: California Title 24 Energy Compliance fooos CF-1R and MF-
1R shall be blue-lined on the construction plans. 8~ X 11 calculations shall be submitted as
well.
18. Special 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 lor approval prior to issuance of the building peooits, in accordance
with UB.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from
the Building Inspection Division Counter.
19. Water Pollution: 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" X 36") is available at the Building Division service counter.
20. Approvals Required: The project requires the following agency approval prior to issuance of
the building permit:
a. West Valley Sanitation District (378-2407)
b. Santa Clara County Fire Department (378-4010)
c. 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.
d. Bay Area Air Quality Management District (Demolitions Only)
FIRE DEPARTMENT
21. Required Fire Flow: The required fire flow for this project has been calculated at 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.
22. Required Access to Water Supply (Hydrants): 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 onsite fire hydrant OR install an approved fire sprinkler system throughout all
portions of the building. Note specifically Lots 3 and 5. The applicant is to advise on the
method of mitigation prescribed above prior to building peooit application.
23. Fire Access Driveway Required: Provide an access driveway with a paved all-weather
surface, a minimum unobstructed width of 12 feet, vertical clearance of 13 feet, 6 inches,
minimum circulating turning radius of 36 feet outside and 23 feet inside, and a maximum
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slope of 15%. Installations shall conform to Fire Department Standard Details and
Specifications Sheet D-l.
24. Timing of Required Roadway Installations: Required driveway installations shall be
constructed and accepted by the Fire Department in accordance with all applicable conditions
of approval, ordinances, laws and regulations, prior to the start of construction. Bulk
combustible materials shall not be delivered to the site until installations are complete. Note
that building permit issuance may be withheld until installations are completed.
25. 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.
26. Plan Review: To prevent plan review and inspection delays, the above-noted Developmental
Review Conditions shall be restated as "notes" on all pending and future plan submittals.
PUBLIC WORKS DEPARTMENT
27. 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 $1,510.00 plus $25 per lot.
28. Preliminary Title Report: Prior to recordation of the Tract Map, the applicant shall provide a
current Preliminary Title Report.
29. Right-of-Way for Public Street Purposes: Prior to recordation of the Final Map, the applicant
shall cause additional Right-of-Way to be granted for Public Street Purposes along the Elam
Avenue frontage as necessary to accommodate 30-foot half street. 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.
30. Easements: Prior recordation of the Final Map, the applicant shall cause Easements to be
recorded for private utilities, private storm drains, reciprocal ingress and egress, etc.
31. Monumentation for Final Map: Prior to recordation of the Final Map, the applicant shall
provide security guaranteeing the cost of setting all Monuments shown on the map, as
determined by the City Engineer.
32. Street Improvements: Prior recordation of the Final Map, the applicant shall execute a street
improvement agreement and shall cause plans for public Street Improvements to be prepared
by a registered civil engineer, pay fees, 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 in accordance with all applicable conditions of approval,
ordinances, laws and regulations and accepted engineering practices. The fee for a non-
utility encroachment permit is $245.00. The plans shall include the following:
a. Reconstruction of the existing pavement section, as determined by the City Engineer in
accordance with all applicable conditions of approval, ordinances, laws and regulations
and accepted engineering practices, based on field tests provided by the applicant, to
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centerline from easterly property line of the proposed development to the westerly
property line of Smith Creek,
b. Construction of new concrete curb, gutter, sidewalk, street trees, irrigation, streetlights,
and ADA compliant driveway approaches along the project frontage,
c. Construction of City storm drain improvements, as necessary,
d. Relocation and adjustment of utilities, as necessary,
e. Installation and relocation of traffic signs and stripes, as necessary,
f. Construction of conforms to existing public and private improvements, as necessary.
33. Water Meter(s) and Sewer Cleanout(s): Existing and proposed Water Meter(s) and Sewer
C1eanout(s) shall be installed on private property behind the public right-of-way line.
34. 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.
35. 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
compames.
36. Utility Installation Plan: Prior to issuance of building permits for the site, the applicant shall
submit a Utility Installation Coordination Plan and Schedule for approval by the City
Engineer for installation of street improvements and/or abandonment of all utilities. Streets,
which have been resurfaced within the previous 5 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 in accordance
with all applicable conditions of approval, ordinances, laws and regulations and accepted
engineering practices.
37. 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 10 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.
38. Storm Drain Area Fee: Prior to recordation of the Final Map, the applicant shall pay the
required Storm Drain Area fee of $2,250/acre.
39. Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building
permits, the applicant shall comply with the National Pollution Discharge Elimination
System (NPDES) permitting requirements and the California Storm Water Best Management
Practices handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley
Water District and the City of Campbell Municipal Code regarding Storm Water Pollution
Prevention.
40. Covenants, Conditions, and Restrictions: Provide copies of CC&Rs for review by the City
prior to recordation of the Final Map.
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41. f)~mnlition' Prior to recording of the Final Map/ParceI Map the applicant shall obtain a
Demolition permit to remove any nonconforming structures.
42. Sit~ PI:m' The applicant shall provide a complete and accurate Site Plan in accordance with
the Planning Division's checklist.
SANTA ('T.4.RA VALT.EVWATF,R DTSTRlCT
43. Pprmit RpC}lIirpcI: A Santa Clara Valley Water District Permit is required for any work within
50 feet of the top of a creek bank or District right-of-way. Evidence of the permit will be
required at the issuance of building permits.
PASSED AND ADOPTED this 17th day of Jul v
, 2001, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Furtado, Kennedy, Burr, Watson
None
Dean
None
APPROVED:
d~.H-r,..,~
....
ATTEST:
tZ~~~
Jeanette Watson, Vice Mayor
Anne Bybee, City Clerk