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PC Res 2951RESOLUTION NO. 2951 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL, CALIFORNIA, RECOMMENDING THE REINSTATEMENT OF A PREVIOUSLY APPROVED PLANNED DEVELOPMENT PERMIT (PD 90-06) ALLOWING THE CONSTRUCTION OF TOWNHOME UNITS ON PROPERTY LOCATED AT 80 DOT AVENUE IN A PD (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. TED BORNS. FILE NO. R 94-03 (PD 90-06). After notification and Public Hearing as specified by law on the application of Mr. Ted Borns, for reinstatement of a previously approved Planned Development Permit (PD 90-06) allowing the construction of five townhomes on property located at 80 Dot Avenue in a PD (Planned Development) Zoning District, as per the application filed in the Planning Department on December 7, 1994; 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 File No. R 94-03 (PD 90-06): There have been no changes in the General Plan or Zoning in the area since the original approval. The amended Conditions of Approval reflect current development standards and regulations. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: The proposed project, subject to the conditions imposed, will be consistent with the City's General Plan. The proposed project will aid in the harmonious development of the immediate area. The Planning Commission recommends reinstatement of this project, per the following conditions of approval and exhibits: Resolution No. 2951 R 94-03 (PD 90-06) - 80 Dot Avenue Adopted on February 14, 1994 Page2 e Elevations: Elevations indicating a simplified building style with fewer architectural embellishments shall be approved by the Site and Architectural Review Committee prior to issuance of building permits. Final elevations for the rear of Building "D'shall reflect the design approved by the Planning Commission at the meeting of February 14, 1995. The design of the window treatment for the revised elevation shall reflect the window pattern of the building front. Landscaping and Fencing: Property to be fenced and landscaped as indicated an/or added in red on the plans. Landscaping and fencing shall be maintained in accordance with the approved plans. Landscaping: 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 the Planning Commission prior to issuance of a building permit. Fencing: Fencing plan indicating location and design details of fencing to be submitted to the Planning Department and approved by the Community Development Director prior to issuance of a Building Permit. Bond: Applicant to either (1) post a faithful performance bond in the amount of $5,000 to ensure landscaping, fencing and striping of parking areas within three months of completion of construction; or (2) file a written agreement to complete landscaping, fencing and striping of the parking areas. Bond or agreement to be filed with the Planning Department prior to application for a Building Permit. Utilities and Transformers: Applicant to submit a letter 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 Community Development Director. Occupancy: Building occupancy will not be allowed until all public improvements are installed. Parking: All parking and driveway areas to be developed in compliance with Chapter 21.50 of the Campbell Municipal Code. All i~arking spaces to be provided with appropriate concrete curbs or bumper guards. Resolution No. 2951 R 94-03 (PD 90-06) - 80 Dot Avenue Adopted on February 14, 1994 Page 3 10. 11. 12. 13. 14. 15. 16. Underground Utilities: Underground utilities to be provided as required by Section 20.36.150 of the Campbell Munidpal Code. Utilities: Plans submitted to the Building Division for a plan check shall indicate clearly the location of all connections for underground utilities including water, sewer, electric, telephone and television cables, etc. Signs: Sign application to be submitted in accordance with provisions of the Sign Ordinance Disvosal of Garbage: Ordinance No. 782 of the Campbell Munidpal 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. Trash Containers: 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, end.sure(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 end.sure area to service these containers. Noise: Noise levels for the interior of residential units shall comply with the minimum State (Title 24) and local standards as indicated in the Noise Element of the Campbell General Plan. Park Impact Fee: Applicant to pay park in-lieu fee in effect at the time of final map approval and at time of building final. The current impact fee is calculated at five units at $6,615 each. (Community Development Department) Maintenance: 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. Section No. 11.201 and 11.414, 1979 Ed. Uniform Fire Code. Resolution No. 2951 R 94-03 (PD 90-06) - 80 Dot Avenue Adopted on February 14, 1994 Page 4 17. Expiration: This approval shall become void two years from the date that the City Council approves Tentative Subdivision Map 94-01, unless building permits have been issued pursuant to the conditions contained herein. Building Division 18. Retaining Walls: Retaining walls at property lines are limited to a height of 15 inches if constructed of wood. 19. Provide two (2) one hour (1-hr) walls at the property line and a five foot (5') protected setback, with no roof openings. UBC 1790 20. No openings within three feet (3') of property line. UBC TSA 21. Provide on-site drainage plans at time of submittal. UBC 302 Public Works Department 2. Encroachment Permit: Prior to approval of final map, submit plans, pay fees, post surety and sign an agreement for relocation of driveways and all other work in the public right-of-way. Further, the applicant is notified as part of this application that he is required to comply with all applicable Codes and Ordinances of the City of Campbell and the State of California which pertain to this development and are not herein spedfied. PASSED AND ADOPTED this 14th day of February, 1995, by the following roll call vote: AYES: Commissioners: Alne, Kearns, Lindstrom, Lowe, Meyer-Kennedy NOES: Commissioners: None ABSENT: Commissioners: Higgins, Perrine ~,l/ ,~ ~ ._ ~Meyer_Ken~nedy, Chin...re,, Steve Piasecki, Secretary