PC Res 3138RESOLUTION NO. 3138
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A
PLANNED DEVELOPMENT PERMIT (PD 97-05) TO ALLOW THE
CONSTRUCTION OF FOUR TOWNHOMES ON PROPERTY
LOCATED AT 282 W. SUNNYOAKS AVENUE IN A PD (PLANNED
DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR.
RUSSELL MAHZOON. FILE NO. PD 97-05.
After notification and public hearing, as specified by law, and after presentation by the
Community Development Director, proponents and opponents, the heating was closed.
After due consideration of all evidence presented, the Planning Commission finds as follows
with respect to application PD 97-05:
1. The proposed Planned Development Permit is consistent with the Land Use Element of the
General Plan.
The proposed density of 12.83 units per gross acre is no greater than the density allowance of
14-20 units per gross acre permitted in the R-2-S (Multiple-Family Residential) Zoning
District.
3. The proposed massing and design is consistent with other developments in the surrounding
area and is consistent with the development standards for residential uses.
The provision of a maintenance agreement and CC&Rs requiring the formation of a
homeowner's association is necessary to ensure the long term property maintenance and
continued architectural integrity of the project.
Based upon the foregoing findings of fact, the Planning Commission 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.
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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.
Planning Commission Resolution No. 3138
PD 97-05 - 282 W. Sunnyoaks Avenue - Russell Mahzoon
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No substantial evidence has been presented which 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. No evidence has been presented which shows that the project will have a substantial impact
on plant or animal life.
Further, the applicants are notified as part of this application that they are required to comply
with all applicable Codes and Ordinances of the City of Campbell and the State of California
which pertain to this application and are not herein specified. And, that this approval is granted
subject to the following Conditions of Approval.
COMMUNITY DEVELOPMENT DEPARTMENT
1. Approved Project: Approval is granted to construct a 4-unit townhouse development. The
building designs shall substantially conform to the project exhibits listed below, except as
may be modified by the Conditions of Approval herein:
A. Site Plan prepared by Glush Design Associates, stamped as received on January 9, 1998.
B. Building elevations and floor plans prepared by Glush Design Associates, stamped as
received on November 20, 1997.
C. Tentative Parcel Map prepared by Yaghoub Saidian of Advanced Development, stamped
as received on January 8, 1998.
2. Building Division Requirements: The following conditions are based upon occupancies most
closely resembling single-family residences (R-3) and private garages (U-1):
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Provide a one (1)-hour occupancy separation between the garages and the residences.
Provide two one (1)-hour walls between residences per UBC T3-B.
Sheet A3 depicts fireplaces and plumbing/mechanical back-to-back at the common
property line. The parapet substitution requires one (1)-hour construction within a five
(5) foot setback from the common property line, with no ceiling/roof penetrations
permitted within this area. Flues, ducts and vents must be run to the exterior of the
buildings without penetrating this envelope per UBC 709.4.
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Landscaping:
A. The applicant shall submit a landscape and irrigation plan to be reviewed and approved
by the Community Development Director. The landscape and irrigation plan shall
designate all landscaped areas to be "commonly" maintained throughout the
development.
Planning Commission Resolution No. 3138
PD 97-05 - 282 W. Sunnyoaks Avenue - Russell Mahzoon
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B. A tree protection plan shall be submitted prior to issuance of a building permit in
accordance with the City's Water Efficient Landscape Standards (WELS) for any trees to
be retained on site. Removal of any trees shall require replacement of trees on site in
accordance with WELS.
Parking and Driveway:
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 for the driveway as shown on the
approved site plan. Materials to be used for the decorative pavement shall be submitted
for review and approval by the Community Development Director prior to issuance of
building permits for the project.
Covenants, Codes and Restrictions (CC&Rs): The applicant shall be required to submit for
review and approval by the City Attorney, City Engineer and Community Development
Director a copy of the CC&Rs which shall include the following:
A. Formation of a home owner's association to ensure the long term maintenance of
buildings and properties.
B. Continued architectural controls to ensure the architectural integrity of the project.
C. Definition for "common" areas to be maintained.
D. Provision of maintenance for "common" landscaping, including all landscaping facing W.
Sunnyoaks Avenue.
E. Provision for the long term property maintenance for the driveway, buildings and
common roofs to be repaired, repainted, and/or replaced as necessary.
F. Provision of a funding mechanism to ensure maintenance and upkeep of"common" areas
and shared building walls and roofs.
G. Naming of the City as a third party beneficiary with the opportunity to lien properties for
any breach of the maintenance agreement and CC&Rs.
H. Enforcement of shared parking restrictions.
Park Impact Fee: A park impact fee of $7,035 per unit for a total of $28,140 is due upon
development of the townhouse project. Credit in the amount of $10,990 will be given for the
existing single-family residence. Full payment of this fee is due prior to issuance of a
certificate of building occupancy.
Fences: Any newly proposed fencing shall comply with Section 21.59.090 of the Campbell
Municipal Code and shall be submitted for review and approval by the Community
Development Department.
Planning Commission Resolution No. 3138
PD 97-05 - 282 W. Sunnyoaks Avenue - Russell Mahzoon
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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).
Utility Boxes and Back-Flow Preventers: Applicant to 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.
10. Trash Disposal/Recycling: The applicant shall submit details regarding the design and
location of trash disposal/recycling facilities to the City for review and approval prior to
issuance of building permits.
11. On-site lighting: On-site lighting shall be shielded away from adjacent properties and
directed on site.
12. Garages: The developers will be required to add language to the CC&Rs which mandates
that garages be maintained at all times in such a way that they are available for the parking of
automobiles.
13. San Tomas Area Neighborhood Plan: The approved project shall comply with all
requirements of the City's San Tomas Area Neighborhood Plan.
CENTRAL FIRE DISTRICT:
14. Automatic Fire Sprinkler Required: Buildings requiring a fire flow in excess of 2,000 GPM,
or in excess of two stories in height or 35 feet in height, shall be equipped throughout with an
approved automatic fire sprinkler system. The fire sprinkler systems shall conform to
National Fire Protection Standard #13, 1994 Edition without the use of exceptions.
15. Public Fire Hydrant(s) Required: Provide one public fire hydrant(s) at location(s) to be
determined jointly by the Fire Department and the San Jose Water Company. Maximum
hydrant spacing shall be 500 feet and the minimum single flow hydrant shall be 1500 GPM at
20 psi. residual pressure. If hydrants are already in place, include civil drawings showing
location of all hydrants with the building permit submittal.
16. Driveway Requirement: Maintain a 20-foot clear unobstructed width of driveway as shown.
PUBLIC WORKS DEPARTMENT:
17. Final Parcel Map: Prior to issuance of any building permits for the site, the applicant shall
submit a (final) parcel map for recordation upon approval by the Director of Community
Development and City Engineer. The plan check fee is $1,060 plus $25 per parcel.
Planning Commission Resolution No. 3138
PD 97-05 - 282 W. Sunnyoaks Avenue - Russell Mahzoon
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18. Title Report: Provide a complete and current Preliminary Title Report.
19. Easements: The final map shall include appropriate easements for ingress, egress, public
utilities, landscape maintenance, parking, driveway maintenance, and related information as
determined by the City Engineer. The property owner shall also grant a 10-foot public
service easement on private property contiguous with the public right-of-way along the
Sunnyoaks Avenue frontage. Applicant shall prepare all documents necessary for City
review, acceptance, and recording.
20. Monumentation: Prior to recording final parcel map, applicant shall provide security
guaranteeing the cost of setting all monuments shown on the map as determined by the City
Engineer.
21. Soils Report: Provide a soils report prepared by a registered Geotechnical or Civil Engineer.
22. Demolition of Existing On-Site Structures: Prior to recording the final map the existing
structures must be demolished.
23. Storm Drain Area Fee: Prior to issuance of any grading, drainage, or building permits for the
site, the applicant shall pay the required the storm drain area fee of $2,250 per acre or $634.
24. Grading and Drainage Plan: Prior to issuance of any grading, drainage or building permits
for the site, the applicant shall conduct hydrology studies, as necessary, prepare an
engineered grading and drainage plan, and pay fees required to obtain necessary grading
permits, as required by City Engineer. The plans shall comply with the 1994 edition of the
UBC including Chapters 18, 33, and Appendix Chapter 33.
25. Street Improvement Agreement: Execute a street improvement agreement and post security
for faithful performance and labor and materials to guarantee the installation of the required
street improvements in the public right-of-way.
26. Standard Street Improvements: Prior to issuance of any building permits for site, the
applicant shall cause plans for public improvements to be prepared by a registered civil
engineer, pay fees, post securities and provide insurance necessary to obtain an encroachment
permit for construction of the improvements, as required by the City Engineer. The plans
shall include the following:
Removal and replacement of the curb, gutter, and sidewalk.
Installation of one new public street light in accordance with the City of Campbell's
Street Lighting policies.
· Removal and replacement of the existing driveway approach.
· Installation of traffic control signs and stripes.
Planning Commission Resolution No. 3138
PD 97-05 - 282 W. Sunnyoaks Avenue - Russell Mahzoon
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· Installation of 1 V2 inches of AC resurfacing and conforms along frontage to centerline of
street following new utility installations.
· Adjustment of utility boxes to grade in public right-of-way.
27. Water Meters and Cleanouts: Install or relocate existing and proposed water meters and
sewer cleanouts on private property behind the public right-of-way line.
28. Underground 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 company.
29. Storm Water Management: Comply with California Storm Water Best Management
Practices Handbook, prepared by the Storm Water Quality Task Force, Santa Clara Valley
Water District.
30. Completion of Public Street Improvements: Prior to issuance of occupancy approval for the
site, all public street improvements required by the encroachment permit must be completed
and accepted by the City and the applicant must provide the one-year maintenance security in
an amount of 25% of the Faithful Performance Bond.
PASSED AND ADOPTED this 13th day of January, 1998, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Francois, Keams, Lowe, Meyer-Kennedy
None
Gibbons, Jones, Lindstrom
None
Steve Piasecki, Secretary