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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.