CC Resolution 9347
RESOLUTION NO. 9347
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING A PLANNED DEVELOPMENT PERMIT
(PD 97-03) TO ALLOW THE CONSTRUCTION OF FOUR
TOWNHOMES ON PROPERTY LOCATED AT 760 DUNCANVILLE
AVENUE IN A PD (PLANNED DEVELOPMENT) ZONING
DISTRICT. APPLICATION OF DR. ADHAM AZIZ. FILE NO. PD
97 -03.
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 finds as follows with respect
to application PD 97-03:
1. The development of the proposed project will result in a density of 14 dwelling units per
gross acre which is consistent with the General Plan density of 21 to 27 dwelling units per
gross acre for the subj ect property.
2. The project site is proposed at a two-story format and maintains a traditional residential
appearance consistent with recent developments within the Union Avenue area.
3. The units feature simplified and traditional design elements such as visible front entries,
smaller dormer and bay windows, mouldings, shutters, a composition shingle hip roof and
stucco exterior.
4. The front elevations of the units have been revised to differentiate their appearance.
5. The site plan indicates a total of 14 parking spaces and is consistent with the parking
requirement for townhome developments.
6. The floor area ratio (FAR) ofthe proposed project is .64.
7. The proposed project provides useable private open space and adequate on-site landscaping
comprising 36% of the net site area.
Based upon the foregoing findings of fact, the City Council finds and concludes that:
1. The proposed development and uses are compatible with the General Plan of the City and
will aid in the harmonious development of the immediate area.
2. The proposed development is consistent with the Zoning Ordinance.
3. The proposed development will result in a more desirable environment and use ofland than
would be possible under any other zoning classification.
City Council Resolution
PD 97-03 - 760 Duncanville Court - Dr. Adham Aziz
Page 2
4. The proposed development will not result in more residential units than would be allowed
by other residential zoning districts which are consistent with the general plan designation
of the property.
5. The proposed development will not be detrimental to the health, safety or welfare of the
neighborhood or of the City as a whole.
Further, the applicants are notified as part of this application that they are required to comply
with all applicable Codes and Ordinances of the City of Campbell and the State of Cali fomi a
which pertain to this application and are not herein specified. And, that this approval is granted
subject to the following Conditions of Approval.
COMMUNITY DEVELOPMENT DEPARTMENT
1. Approved Proiect: Approval is granted for a Planned Development Permit to construct
four (4) residential units located at 760 Ducanville Court. Project approval shall
substantially comply with the project plans prepared by Jarrall LaGuisa, stamp dated
February 4, 1998 except as modified by the Conditions of Approval herein.
2. Revised Floor Plan: Prior to the issuance of building permits, the applicant shall revise the
floor plans and structural plans reflecting a minimum six foot, eight inch (6 foot, 8 inch)
clearance from the floor of the garage to the under side of the staircase projecting into the
garage for each of the four units.
3. Materials Board: The applicant shall submit color and materials samples and brochures (if
materials are not available) indicating all materials used on the exterior of the buildings,
including window style (actual divided light windows required) for review and approval by
the Community Development Director prior to issuance of building permits for the project.
4. Landscaping Plan: The applicant shall submit a landscaping and irrigation plan to be
reviewed and approved by the Community Development Director prior to issuance of
building permits for the project. The plans shall address the following:
A. The plans shall be consistent with the City's Water Efficient Landscape Guidelines
(WELS).
B. Retention of the 24 inch diameter fir tree along the frontage of the property.
C. A tree protection plan prepared by a certified arborist consistent with WELS which
shows how the fir tree will be protected prior to and during construction.
D. Replacement of a proposed berm at the frontage of the property with sod.
City Council Resolution
PD 97-03 -760 Duncanville Court - Dr. Adham Aziz
Page 3
5. Parcel Map: The Planned Development Permit approval is contingent upon approval of a
parcel map subdividing the subject property. The final parcel map shall be approved and
recorded prior to issuance of building permits.
6. Park Impact Fee: The applicant shall be required to pay a Park Impact Fee of $5,635 for
each new dwelling unit prior to issuance of a certificate of building occupancy for each
unit. Seventy five percent (75%) of the park impact fee is due and payable prior to the
recordation of the final map creating four lots on the subject property.
7. Fences: Any newly proposed fencing shall comply with Section 21.59.090 of the
Campbell Municipal Code. A fencing plan must be provided for review and approval by
the Community Development Director prior to the issuance of building permits.
8. Property Maintenance: 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 11.201 and 11.414, 1985 Ed. Uniform Fire Code).
9. Parking and Driveways: All parking areas and driveways shall be developed III
compliance with the standards in Chapter 21.50 of the Campbell Municipal Code.
10. Building Division: The Building Division requires the following:
A. Comply with current State and local ordinances and regulations.
B. Provide information as directed by the Building Official regarding pad certification
(elevation and location) and compaction test (for slab foundation) prior to foundation
inspection.
C. Provide grading and drainage plans prepared by a licensed engineer in conformance
with the City's standards at the time of building permit submittal. An as-built grading
and drainage inspection and report shall be signed and stamped by a licensed engineer
and provided to the Building Official prior to final inspection.
PUBLIC WORKS DEPARTMENT
11. Standard Street Improvements: Prior to issuance of any building permits for the 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:
City Council Resolution
PD 97-03 - 760 Duncanville Court - Dr. Adham Aziz
Page 4
A. Removal of existing driveway approach and construction of new driveway approach.
B. Construction of new curb and gutter along the complete project frontage.
C. Construction of new separated five-foot sidewalk.
D. Installation of new public street light in accordance with the City's street lighting policy
as determined by the City Engineer.
E. Installation of street trees at about 40 feet on center including irrigation.
F. New improvements shall conform to existing improvements.
G. Installation of 1 12 inches of asphalt concrete overlay to the centerline of the street, plus
conforms, as determined by the City Engineer.
H. Installation of existing and proposed water meters and sewer cleanouts on private
property shall be located behind the public right-of-way line.
12. 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 prior to the issuance of building
permits.
13. 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 for 25% of the Faithful Performance Bond.
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. The plans shall comply with the 1994 edition of the UBC including Chapters 18,
33 and Appendix Chapter 33. The drainage study shall be based upon a 10-year storm
frequency.
15. Storm Drain Area Fee: Prior to issuance of any grading, drainage or building permits for
the site, the applicant shall pay the required storm drain area fee of $2,250 per acre or $542.
City Council Resolution
PD 97-03 -760 Duncanville Court - Dr. Adham Aziz
Page 5
16. 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.
Applicant shall submit a Utility Coordination Plan and Schedule for approval by the City
Engineer for installation of all utilities. The Plan shall minimize the damage to all public
facilities.
17. Tentative Tract or Parcel Map: Submit a tentative tract or parcel map application, as
appropriate, for review by the City prior to the issuance of building permits. The
application processing fee is $3,225 for a tentative tract map and $2,150 for a tentative
parcel map.
18. CC & Rs for Tentative Tract or Parcel Map: Prior to the approval of a tentative tract or
parcel map application by the City allowing the subdivision of property located at 760
Duncanville Court, the CC & Rs shall be recorded against all properties within the subject
development shall include and contain provisions to enforce the following (Planning):
A. The garages shall maintain two useable parking spaces for vehicle parking at all times
and shall be utilized by the property owners for primary parking prior to occupying
uncovered guest parking spaces.
B. A maintenance agreement shall be prepared requiring the property owners of the
attached rear units to equally share in the maintenance of the portion ofthe roof and
common wall that is shared between the units.
19. Soils Report: Provide a soils report prepared by a registered Geotechnical or Civil
Engineer prior to the issuance of building permits.
20. Title Report: Provide a current Preliminary Title Report prior to the issuance of building
permits.
21. Reciprocal Easements: Reciprocal easements shall be provided for ingress, egress, utilities,
and grading prior to the issuance of building permits.
22. 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.
. '
City Council Resolution
PD 97-03 -760 Duncanville Court - Dr. Adham Aziz
Page 6
23. Site Plan: Prior to issuance of any grading or building permits for the site, the applicant
shall provide a completed Site Plan in accordance with completeness comments by the
Public Works Department.
PASSED AND ADOPTED this 3rd day of March , 1998, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: ~
e Bybee, City Clerk
COUNCILMEMBERS: Conant, Furtado, Dougherty, Dean, Watson
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None //'"]
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APPROVED: ~~ . / ~.~~ ~
,,).cline te Wason, Mayor
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