CC Resolution 10965
RESOLUTION NO. 10965
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL GRANTING A TWO-YEAR EXTENSION OF APPROVAL
(PLN2008-132) FOR A PREVIOUSLY APPROVED PLANNED
DEVELOPMENT PERMIT (PLN2002-93) TO ALLOW THE
CONSTRUCTION OF FOUR TOWNHOME UNITS ON PROPERTY
OWNED BY MR. AMIR KHOJASTEH LOCATED AT 705 W. HACIENDA
AVENUE IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT.
APPLICATION MR. AMIR KHOJASTEH. FILE NO.: PLN2008-132.
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 PLN2008-132.
1. The density of the proposed project site is 9.3 units per gross acre, which is consistent
with the General Plan land use designation of Low-Medium Density Residential (6-13
units per gross acre).
2. The proposed project is consistent with the Planned Development Zoning Ordinance.
3. The project site is currently developed with a single-family home and detached garage,
which would be demolished for this project. The subject property is located on the
north side of West Hacienda Avenue, between Virginia Avenue and Capri Drive, and is
surrounded by residential uses on all sides.
4. The site plan proposes the construction of four townhomes, each on individual lots. All
of the residences would take vehicular access from West Hacienda Avenue via a 20-
foot wide, two-way ilL-shaped" common driveway.
5. The buildings are set back a minimum of 15-feet from the property line of adjacent
properties and the public right-of-way per the San Tomas Area Neighborhood Plan.
6. The project provides a total of 14 parking spaces, where 14 spaces are required.
7. The completed project would consist of four new town homes with a building coverage
of 30%, landscaping coverage of 37%, and paving coverage of 33%.
8. The proposed project will have a floor area ratio of 0.54.
9. The maximum building of the project, as measured from the adjacent natural grade, is
28 feet, where 28 feet is the maximum allowed building height.
City Council Resolution
PLN2008-132 - 705 W. Hacienda Avenue
Extension of Approval of Planned Development Permit (PLN2002-93)
Page 2
10. The conceptual landscaped areas shows 15-gallon trees and landscaping along the
east side of the property along the common driveway; shrubs, turf and 15-gallon trees
in the front yards and rear yards of all the units; and shrubs and turf in the landscaped
area along the frontage of the property. The proposed landscaping represents 37% of
the total lot area.
11. Each of the units have a private rear yard with a minimum depth of 15 feet and a width
ranging from 35 feet to 46 feet and would be enclosed by a wood fence. Building 1
(Unit 1 & 2) has a private rear yard area of 553 square feet for each unit and Building 2
(Unit 3 & 4) has a private rear yard area of 1,020 square feet for each unit.
12. 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:
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 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.
THEREFORE, BE IT RESOLVED that the City Council grants a two-year Extension of
Approval (PLN2008-132) for a previously approved Planned Development Permit
(PLN2002-93) to allow the construction of four townhome units on property owned by Mr.
Amir Khojasteh located at 705 W. Hacienda Avenue in a P-D (Planned Development)
Zoning District.
City Council Resolution
PLN2008-132 - 705 W. Hacienda Avenue
Extension of Approval of Planned Development Permit (PLN2002-93)
Page 3
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 Proiect: Approval is granted for an Extension of Approval (PLN2008-132) of
a previously Planned Development Permit (PLN2002-93) to allow the construction of
four townhomes located at 705 W. Hacienda Avenue. The building design and site
design shall substantially conform to Project Plans, Colored Elevation, and
Material/Color Board prepared by A.G.P. Design Group and stamped as received by
the Planning Division on September 4, 2008, except as may be modified by the
conditions of approval herein.
2. Declaration of Acceptance of All Conditions: Within thirty (30) days of the effective date
of Planning Commission approval, the applicant shall sign the final, approved set of
Conditions of Approval. Until said Conditions are signed, the approved Planned
Development Permit shall not be valid for any permits sought from the City.
3. Plannino Final Required: Planning sign off is required to prior to Building Permit
final. Construction not in substantial compliance with the approved project plans will
not be approved without prior authorization of the necessary approving body.
4. Supersession of Previous Conditions of Approval: The Conditions of Approval
specified herein shall supersede all and any previous Conditions of Approval specified
by previous approvals and extensions.
5. Permit Expiration: The Extension of Approval of 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.
6. Parcel Map: The Planned Development Permit approval is contingent upon recordation
of the Parcel Map to divide the subject property. The Parcel Map shall be recorded
prior to the issuance of building permits.
7. Landscape and Irrioation Plan: The applicant shall submit a final landscape and
irrigation plan to the Planning Division, prior to the issuance of building permits, for
City Council Resolution
PLN2008-132 - 705 W. Hacienda Avenue
Extension of Approval of Planned Development Permit (PLN2002-93)
Page 4
review and approval by the Community Development Director. The landscape and
irrigation plan shall substantially conform to the approved conceptual landscape plan
and the City's Water Efficient Landscaping Standards (WELS).
8. Tree Protection Plan: The applicant shall submit a tree protection plan for all protected
trees to be retained on site or on adjacent lots that are impacted by the project, and
shall contain specific information about the preservation of the trees during any grading
or building on site. Such tree protection measures shall be installed prior to any
demolition, grading, or building on the project site. No construction or trenching shall
take place within the drip line of trees and a fence constructed of temporary cyclone
fencing or wire mesh securely attached to poles driven into the ground shall be
installed around the dripline of the tree. All trimming or branch removal from protected
trees shall be completed by a certified arborist. The tree protection plan shall be
submitted to the Planning Division for review and approval by the Community
Development Director prior to the issuance of building permits.
9. Park Impact Fee: The applicant shall pay the current park impact fee, based on a
density range of six to thirteen units per gross acre, for the development of the site.
Credit shall be given for any existing single-family residence to be demolished. Prior to
recordation of the Parcel Map, 75% of this fee is due and the remaining 25% is due
prior to issuance of a certificate of building occupancy.
10. Fences: All new fencing shall be a good-neighbor style wood fence and shall comply
with all the provisions of Section 21.18.060 of the Campbell Municipal Code. The
design and location of all fences shall be reviewed and approved by the Community
Development Director prior to issuance of any building permits for the project. Fencing
along the property lines shall be replaced at the expense of the applicant/developer,
unless it is determined to be in good condition by the Community Development
Director.
11. Prooertv 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).
12. Utilitv 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 Community Development Director.
13. On-Site LiQhtinQ: 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
City Council Resolution
PLN2008-132 - 705 W. Hacienda Avenue
Extension of Approval of Planned Development Permit (PLN2002-93)
Page 5
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.
14. Demolition of Structures: Prior to recordation of the Parcel Map the applicant shall
obtain a demolition permit for the demolition of all non-conforming structures.
15. Construction Mitiqation 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.
16. Parkinq and Driveways:
a. All parking and driveway areas shall be developed in compliance with the approved
plans and Chapter 21.28 (Parking and Loading) of the Campbell Municipal Code.
b. The applicant shall provide a decorative pavement material within the common
access driveway, uncovered parking spaces, and walkways for the project. The
design and material to be used for the decorative pavement shall be indicated on
the building permit plans and will be reviewed and approved by the Community
Development Director prior to the issuance of building permits.
17. Covenants. Codes and Restrictions (CC& R's ): Prior to recordation of the Parcel Map,
the applicant shall submit for review and approval by the City a copy of the draft CC&
R's which shall include the following:
a. Formation of a Homeowner's Association;
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PLN2008-132 - 705 W. Hacienda Avenue
Extension of Approval of Planned Development Permit (PLN2002-93)
Page 6
b. Continued architectural controls to ensure the architectural integrity of the project,
including a provision that ensures that shared building walls and roofs are repaired,
repainted, and/or replaced as necessary;
c. Definition of common areas to be maintained and provision of maintenance for
these areas;
d. Provision of a funding mechanism to ensure maintenance and upkeep of common
areas;
e. Provision for the availability of interior garage space for the parking of two vehicles
at all times; and
f. Provision to prohibit the use of outside parking spaces for storage purposes,
including boats, trailers, and recreational vehicles.
18. Contractor Contact Information Postinq: 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 issuance of building permits.
19. Utilities: All new on-site utilities shall be installed underground per section 21.18.140
(Undergrounding of Utilities) of the Campbell Municipal Code.
20. Roof Vents: The applicant shall coordinate mechanical and plumbing plans to minimize
the number of roof vents that are visible from the street frontage. The applicant shall
provide the location of such vents on the building plan elevations and roof plans, to the
satisfaction of the Community Development Director, prior to issuance of building
permits.
Building Division:
21. Permits Required: A building permit application shall be required for each proposed
new detached duplex structure. The building permit shall include Electrical! Plumbing/
Mechanical fees when such work is part of the permit.
22. Construction Plans: The conditions of Approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
23. Size of Plans: The size of construction plans submitted for building permits shall be 24
inches by 36 inches.
24. 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.
25. Soils Report: Two copies of a current soils report, prepared to the satisfaction of the
Building Official, containing foundation and retaining wall design recommendations
City Council Resolution
PLN2008-132 - 705 W. Hacienda Avenue
Extension of Approval of Planned Development Permit (PLN2002-93)
Page 7
shall be submitted with the building permit application. This report shall be prepared by
a licensed engineer specializing in soils mechanics.
26. 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 engineered site drainage details.
27. 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
28. Title 24 Enerav Compliance: California Title 24 Energy Compliance forms CF-1 Rand
MF-1 R shall be blue-lined on the construction plans. 8% X 11 calculations shall be
submitted to the Building Division
29. Special Inspections: When a special inspection is required by C.B.C. Chapter 17, 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 C.B.C Appendix Chapter 1, Section 106. Please obtain City of
Campbell, Special Inspection forms from the Building Inspection Division Counter.
30. 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" X 36") is available at the Building Division
service counter.
31. Approvals Reauired: 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. 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)
City Council Resolution
PLN2008-132 - 705 W. Hacienda Avenue
Extension of Approval of Planned Development Permit (PLN2002-93)
Page 8
Note: To determine your school 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.
32. 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.
33. Construction Fencinq: 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.
34. Build it Green: Applicant shall complete and submit a "Build it Green" inventory of the
proposed new single family project prior to issuance of building permit
FIRE DEPARTMENT
35. 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.
36. Required Fire Flow: The required fire flow for this project is 1,750 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.
37. Earlv Warninq Fire Alarm Svstem: In the 'General Notes' section on Page A-O of plans,
notes indicate the installation of Early Warning Fire Alarm system throughout the
structures and a fire sprinkler system in each garage. The City of Campbell does not
require these specific systems to be installed in these structures. These notes refer to
the City of Saratoga where such systems may be required. These notes may be
removed.
38. Fire Apparatus (Enqine) Access Roads Reauired: Provide access roadways with a
paved all weather surface, a minimum unobstructed width of 20 feet, vertical clearance
of 13 feet 6 inches. Installation shall conform to Fire Department Standard Details and
Specifications sheet A-1. Note: a fire department turnaround is not required in this
application as the inward travel distance from the street des not exceed 150'.
City Council Resolution
PLN2008-132 - 705 W. Hacienda Avenue
Extension of Approval of Planned Development Permit (PLN2002-93)
Page 9
39. Fire Lane Markina ReQuired: 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.
40. Timina of ReQuired Roadwav 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 will be withheld
until installations are complete.
41. 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.
PASSED AND ADOPTED this 18th day of
roll call vote:
November
, 2008, by the following
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Furtado, Kennedy, Low, Hernandez, Burr
None
None
None
ATTEST:
f2-&w-
Anne Bybee, City Clerk
APPROV~ --.-:>.: ~ -r-
Donald R. Burr, Mayor