PC Res 2315RESOLUTION NO. 2315
PLANNING COMMISSION
BEING A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL
OF PLANS, ELEVATIONS, DEVELOPMENT SCHEDULE, AND
CONDITIONS OF APPROVAL TO ALLOW THE CONSTRUCTION
OF 5 CONDOMINIUMS ON PROPERTY KNOWN AS 1430 W.
LATIMER AVENUE IN A C-PD (CONDOMINIUM-PLANNED
DEVELOPMENT) ZONING DISTRICT. (APPLICATION OF
MR BEHROOZ NIKAKHTAR, ZC SS-O1).
After notification and public. hearing as specified by law on the
application of Mr. Behrooz Nikakhtar for approval of plans, elevations and
development schedule to allow the construction of 5 condominiums on
property known as 1430 W. Latimer Avenue, as per the application filed in
the Planning Department on January 27, 1985 and after presentation by the
Planning Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the Planning Commission
did find as follows:
1. That the proposed construction of 5 condominiums would be
compatible with the existing uses in the immediate area and would
-. be compatible with the Land Use Element of the General Plan which
indicates "Medium Density Residential".
2. This development is similar to recent approvals for zone changes
to C-OD for condominium developments.
3. That the establishment, maintenance, and operation of the
proposed use will not be detrimental to the health, safety,
peace., morals, comfort or general welfare of the persons
residing or working in the neighborhood of such use, or be
detrimental or injurious to property and improvements in the
neighborhood or the general welfare of the City.
The Planning Commission of the City of Campbell recommends that the City
Council enact the Ordinance attached hereto as Exhibit "A" making
effective the recommended zone change.
PASSED AND ADOPTED this 12th day of February 1985 by the following roll
call vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
Kasolas, Perrine, Howard, Toshach
Dickson, Fairbanks
Christ
APPROVED: JoAnn Fairbanks
Chairman
ATTEST: Arthur A. Kee
Secretary
ORDINANCE N0.
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE
THE CITY OF CAMPBELL APPROVING PLANS, ELEVATIONS,
DEVELOPMENT SCHEDULE AND CONDITIONS OF APPROVAL _
FOR THE CONSTRUCTION OF 5 CONDOMINIUMS ON PROPERTY
KNOWN AS 1430 W. LATIMER AVENUE IN A C-PD (CONDO-
MINIMUM-PLANNED DEVELOPMENT) ZONING DISTRICT.
(APPLICATION OF MR. BEHROOZ NIKAKHTAR, zc 85-01).
The City Council of the City of Campbell does ordain as follows:
SECTION ONE: That the Zoning Map of the City of Campbell, being a
part of the Campbell Municipal Code, together with amendments thereto,is
hereby changed and amended by adopting Exhibit A entitled Plans and
Elevations; Exhibit B entitled Development Schedule; Exhibit C entitled
Mpa of Said Property; and Exhibit D entitled Conditions of Approval, as
per the application of Mr. Behrooz Nikakhtar on property known as 1430 W.
Latimer Avenue. Copies of said Exhibits are on file in the Planning
Department.
SECTION TWO: This Ordinance shall become effective 30 days following
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 general
circulation in the City of Campbell, County of Santa Clara.
PASSED AND ADOPTED this day of 1985 by the following
roll call vote:
AYES: Councilmen:
NOES: Councilmen:
ABSENT: Councilmen:
APPROVED:
ATTEST:
John J. Ashworth
Mayor
Anne G. Coyne
City Clerk
EXHIBIT B
STANDARD DEVELOPMENT SCHEDULE
-----------------------------
FILE NO.: ZC 85-01
APPLICANT: NIKAKHTAR, B.
SITE ADDRESS: 1430 W. LATIMER AVE.
1. Construction to begin within six months of final approval.
2. Construction to be completed within one year of starting date.
NOTE: Above development schedule is a standard used by the Planning
Department when applicant has not submitted a schedule for his project.
CONDITIONS OF APPROVAL: ZC 85-01
APPLICANT: Nikakhtar, B.
SITE ADDRESS: 1430 W. Latimer Ave.
EXHIBIT D
P.C. MTG. 2/12/85
The applicant is notified as part of this application that he/she is required
to meet the following conditions in accordance with the Ordinances of the City
of Campbell and the Laws of the State of California.
1. Revised elevations and/or site plan indicating elimination of recreational
building to be submitted to the Planning Department and approved by the Site
and Architectural Review Committee upon recommendation of the Architectural
Advisor prior to application for a building permit.
2. Property to be fenced and landscaped as indicated and/or added in red on the
plans. Landscaping and fencing shall be maintained in accordance with the
approved plans.
3. Landscaping plan indicating type and size of plant material, and location of
irrigation system to be submitted to the Planning Department and approved by
the Site and Architectural Review Committee and/or Planning Commission prior to
issuance of a building permit.
4. Fencing plan indicating location and design details of fencing to be
submitted to the Planning Department and approved by the Planning Director
prior to issuance of a building permit.
5. Applicant to either (1) post a faithful performance bond in the amount of
$3,000.00. to insure landscaping, fencing, and striping of parking areas within
3 months of completion of construction; or (2) file written agreement to
complete landscaping, fencing, and striping of parking areas. Bond or
agreement to be filed with the Planning Department prior to application for a
building permit.
6. Applicant to submit a plan to the Planning Department, prior to installation
of PG&E utility (transformer) boxes, indicating the location of the boxes and
screening (if boxes are above ground) for approval of the Planning Director.
7. All mechanical equipment on roofs and all utility meters to be screened as
approved by the Planning Director.
8. Building occupancy will not be allowed until public improvements are
installed.
9. All parking and driveway areas to be developed in compliance with Chapter
21.50 of the Campbell Municipal Code. All parking spaces to be provided with
appropriate concrete curbs or bumper guards.
10. Underground utilities to be provided as required by Section 20.16.070 of
the Campbell Municipal Code.
11. Plans submitted to the Building Department for plan check shall indicate
clearly the location of all connections for underground utilities including
water, sewer, electric, telephone and television cables, etc.
CONDITIONS OF APPROVAL: ZC 85-01
APPLICANT: Nikakhtar, B.
SITE ADDRESS: 1430 W. Latimer Ave.
Page 2
12. Sign application to be submitted in accordance with provisions of the Sign
Ordinance for all signs. No sign to be installed until application is approved
and permit issued by Planning and Building Departments (Section 21.68.030 of
the Campbell Municipal Code).
13. Ordinance No. 782 of the Campbell Municipal Code stipulates that any
contract for the collection and disposal of refuse, garbage, wet garbage and
rubbish produced within the limits of the City of Campbell shall be made with
Green Valley Disposal Company. This requirement applies to all single-family
dwellings, multiple apartment units, to all commercial, business, industrial,
manufacturing, and construction establishments.
14. Trash container(s) of a size and quantity necessary to serve the
development shall be located in area(s) approved by the Fire Department.
Unless otherwise noted, enclosure(s) shall consist of a concrete floor
surrounded by a solid wall or fence and have self-closing doors of a size
specified by the Fire Department. All enclosures to be constructed at grade
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 --
~~~ minimum State (Title 25) and local standards as indicated in the Noise Element
~ of the Campbell General Plan.
17. Applicant is hereby notified that he will be required to pay Park
Dedication In-Lieu Fee which will be assessed at the time the subdivision map
is submitted.
18. The applicant is hereby notified that 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. Sect. 11.201 & 11.414, 1979 Ed. Uniform Fire Code.
BUILDING DEPARTMENT
No comments at this time.
FIRE DEPARTMENT
19. Underground parking garage shall have automatic sprinkler system.
20. Each dwelling unit shall have a smoke detector.
21. Provide 2A:lOBC fire extinguishers.
CONDITIONS OF APPROVAL: ZC 85-01
APPLICANT: Nikakhtar, B.
SITE ADDRESS: 1430 W. Latimer Ave.
Page 3.
22. Roof covering shall be fire retardant.
PUBLIC WORKS DEPARTMENT
23. Install street improvements.
24. File and process a subdivision map.
25. Pay storm drainage area fee.
26. Landscaping and fencing in front building setback area to be reviewed by
Public Works Dept. for sight distance clearance.
PLANNING DEPARTMENT
27. Applicant to submit a letter to the City Attorney limiting use of property
to 5 dwelling units and to have such letter recorded prior to issuance of a
building permit.