PC Res 3139RESOLUTION NO. 3139
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL, RECOMMENDING APPROVAL OF A
TENTATIVE PARCEL MAP TO ALLOW THE CREATION OF A
FOUR RESIDENTIAL LOTS ON PROPERTY LOCATED AT 282 W.
SUNNYOAKS AVENUE IN A PD (PLANNED DEVELOPMENT)
ZONING DISTRICT. APPLICATION OF MR. RUSSELL MAHZOON.
FILE NO. PM 97-09.
After notification and public heating, 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 Planning Commission did find as follows
with respect to application PM 97-09:
The proposed subdivision 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 Medium Density Residential land
use shown on the Land Use Element of the General Plan.
2. An initial study was prepared for this project and no significant environmental impacts were
found.
o
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 subdivision is consistent with the General Plan.
The proposed subdivision 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 subdivision provides, to the extent feasible, for future passive or natural
heating and cooling opportunities.
°
No substantial evidence has been presented which shows that the project, as currently
presented, and subject to the required conditions, will have a significant adverse impact on
the environment.
5. No evidence has been presented which shows that the project will have a substantial impact
on plant or animal life.
Planning Commission Resolution No. 3139
PM 97-09 - 282 W. Sunnyoaks Avenue - Russell Mahzoon
Page 2
The applicant is hereby notified, as part of this application, that he/she is required to meet the
following conditions in accordance with the ordinance of the City of Campbell and the State of
California. The lead department with which the applicant will work is identified on each
condition where necessary. 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
1. Approved Project: Approval is granted for a Tentative Parcel Map allowing the creation of
four (4) residential lots for a townhouse development on property located at 282 W.
Sunnyoaks Avenue. The map shall substantially conform to the map prepared by Jacob
Saidian, Civil Engineer, dated as received by the Planning Division on January 8, 1998,
except as may be modified by the Conditions of Approval herein.
Property Maintenance: The property shall be maintained free of any combustible trash, debris
and weeds, until the time that actual construction commences. All existing structures on the
property shall be secured by having windows boarded up and doors sealed shut, or be
demolished or removed from the property.
3. Park In-Lieu Fee: Applicant to pay a fee in-lieu of park dedication prior to recordation of the
final subdivision map.
Park Impact Fee: Applicant shall be advised that a park impact fee is required in addition to
the Park In-Lieu Fee prior to occupancy of any of the townhouse units. Credit shall be given
for the existing single-family residence on the property.
Tree Protection Plan: Applicant to submit a tree protection plan for approval by the
Community Development Director addressing retention of existing trees and replacement of
removed trees consistent with the Water Efficient Landscaping Standards (WELS) prior to
issuance of building permits.
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 prior to recordation of the final parcel map a copy of the CC&Rs which includes 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.
Planning Commission Resolution No. 3139
PM 97-09 - 282 W. Sunnyoaks Avenue - Russell Mahzoon
Page 3
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.
PUBLIC WORKS DEPARTMENT:
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.
8. Title Report: Provide a complete and current Preliminary Title Report.
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.
10. 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.
11. Soils Report: Provide a soils report prepared by a registered Geotechnical or Civil Engineer.
12. Demolition of Existing On-Site Structures: Prior to recording the final map the existing
structures must be demolished.
13. 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.
14. 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.
Planning Commission Resolution No. 3139
PM 97-09 - 282 W. Sunnyoaks Avenue - Russell Mahzoon
Page 4
15. 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.
16. 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.
· Installation of 1½ 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.
17. 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.
18. 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.
19. 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.
20. 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.
Planning Commission Resolution No. 3139
PM 97-09 - 282 W. Sunnyoaks Avenue - Russell Mahzoon
Page 5
PASSED AND ADOPTED this 13th day of January, 1998, by the following roll call vote:
AYES: COMMISSIONERS: Francois, Keams, Lowe, Meyer-Kennedy
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Gibbons, Jones, Lindstrom
ABSTAIN: COMMISSIONERS: None
D~nnis L&~r(, Chair