CC Resolution 9341
RESOLUTION NO. 9341
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING A PLANNED DEVELOPMENT PERMIT
(PD 97-01) TO ALLOW THE CONSTRUCTION OF TWO
TOWNHOMES ON PROPERTY LOCATED AT 105 SUNNYSIDE
AVENUE IN A PD (PLANNED DEVELOPMENT) ZONING
DISTRICT. APPLICATION OF MR. OMID SHAKERI. FILE NO. PD
97 -01.
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 97-01:
1. The development of the proposed project will result in a density of 8.54 dwelling units per
gross acre which is consistent with the General Plan density of 6 - 13 dwelling units per
gross acre for this area.
2. The proposed project is consistent with the Downtown Neighborhood Development Policies
and the Design Guidelines for Low Medium Density Residential projects.
3. The proposed project is well designed and is architecturally compatible with the surrounding
neighborhood.
4. The proposed project is consistent with other developments in the surrounding area and is
consistent with the development standards for residential use.
Based upon the foregoing findings of fact, the Planning Commission further 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 City's Zoning Ordinance.
3. The proposed development and uses clearly will result in a more desirable environment and
use of land than would be possible under any other zoning classification.
4. 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.
5. The proposed development will not be detrimental to the health, safety or welfare of the
neighborhood or of the City as a whole.
City Council Resolution
PD 97-01 - 105 Sunnyside Avenue - Omid Shakeri
Page 2
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 California
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 a two
(2) unit townhouse project to be located at 105 Sunnyside Avenue. Project approval shall
substantially comply with the project plans prepared by Roaten Hinson Associates, date
stamped as received by the Planning Department on January 15, 1998, except as modified by
the Conditions of Approval herein.
2. 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 also address the following:
a. Preparation of landscape plans consistent with the City's Water Efficient
Landscape Guidelines (WELS).
b. A tree report which shows all existing trees on site with a trunk diameter greater
than 4 inches and indicates the types of trees on site and the diameter of the trunks
of the trees.
c. A tree protection plan consistent with WELS which shows how all trees to be
retained on site will be protected.
3. Final Parcel Map: This Planned Development Permit approval is contingent upon approval
of the Tentative Parcel Map to divide the subject property. The final parcel map shall be
approved and recorded prior to issuance of building permits.
4. Alleyway Improvement: Prior to issuance of certificates of occupancy for the units, the
applicant shall complete improvement of the alleyway north of the project site with asphaltic
concrete paving and a concrete valley gutter for a length of 60 feet of the frontage of the
alleyway along the project site. Improvement of the alleyway shall match the existing
improved portions of the alleyway and shall be completed to the satisfaction of the
Community Development Director.
City Council Resolution
PD 97-01 - 105 Sunnyside Avenue - Omid Shakeri
Page 3
In the event a determination by the Community Development Director and Public Works
Director is made, prior to issuance of building permits, that it is impractical to install the
above-referenced improvements prior to occupancy of the units, the applicant shall then enter
into a deferred alleyway improvement agreement and post bonds or other security acceptable
to the City Attorney prior to issuance of building permits. It is understood that the value of
the bonds or other security shall be at least equal to the cost of the above-referenced
improvements. The improvement design shall be consistent with the City policy regarding
alleyway improvements (currently under development).
5. Park Impact Fee: The applicant shall be required to pay a Park Impact Fee of$7,035 per unit
prior to issuance of a certificate of building occupancy for each unit. Credit shall be given
for the existing single-family residence on the property.
6. Fences: Any newly proposed fencing shall comply with Section 21.59.090 of the Campbell
Municipal Code.
7. 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).
8. Parking: and Driveways: All parking and driveways shall be developed in compliance with
the standards in Chapter 21.50 of the Campbell Municipal Code.
9. Building Division: The Building Division requires the following:
a. Comply with current State and local ordinances and regulations.
b. Provide calculations and details required for review and approval by the Building
Division, prior to issuance of building permits.
c. Provide drainage plans indicating drainage to approved disposal lines prior to
issuance of building permits.
d. Show adjacent properties' lot elevations adjacent to the property lines prior to
issuance of building permits.
PUBLIC WORKS DEPARTMENT
10. Public Service Easement: Applicant shall dedicate a 10' public service easement behind the
property line along the property's Sunnyside Avenue frontage.
City Council Resolution
PD 97-01 - 105 Sunnyside Avenue - Omid Shakeri
Page 4
11. Map Requirements: Prior to issuance of any building permits for the site, the applicant shall
prepare and submit a two lot final parcel map for review and approval by the City. Prior to
recording the parcel map, applicant shall provide security guaranteeing the cost of setting all
monuments as shown on the parcel map.
12. Storm Drain Area Fee: Prior to issuance of any building permits for the site, the applicant
shall pay the then current storm drain area fee which is $2,000 per acre ($386).
13. Grading and Drainage Plan: Prior to recording the final map for the site, the applicant shall
conduct hydrology studies as necessary, prepare an Engineered grading/drainage plan, and
pay fees required to obtain grading permits. Grading/drainage plans shall include the rear
alleyway.
14. Standard Street Improvements: Prior to recording the final map for the site, the applicant
shall prepare plans, pay fees, post securities, and provide insurance to obtain encroachment
permit to construct public street improvements as required by the City Engineer. Public
street improvement plans shall be prepared by a registered Civil Engineer licensed in the
State of California, and shall including the following:
. Removal of existing driveway approach and construction of a new separate
driveway to serve the subject property.
. Re-construction of existing shared driveway and related sidewalk improvements
to serve the adjacent property to the west only.
. Installation of asphalt seal coat along the property frontage to the street centerline.
. Installation of street trees and irrigation at 40 feet on center within the public
service easement.
. Installation of traffic control improvements, including stripes and signs, as
required by the City Engineer.
. Grading of rear alleyway for proper drainage.
. All sanitary sewer cleanouts and domestic water meters shall be installed on
private property behind the property line.
15. Completion of Public Street Improvements: Prior to issuance of occupancy 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 surety.
16. Underground Utilities: All utilities across the property's frontage 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.
City Council Resolution
PD 97-01 - 105 Sunnyside Avenue - Omid Shakeri
Page 5
17. Utility Coordination Plan: 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 streets and facilities.
18. Title Report: Provide a current Preliminary Title Report.
19. Easements: Provide necessary easements for access, utilities, and grading.
20. Storm Water Management: Comply with California Storm Water Best Management Practices
Handbook, prepared by Storm Water Quality Task Force, Santa Clara Valley Water District.
21. Street Improvement Agreement: Execute a street improvements agreement and post securities
to guarantee the installation of the required street improvements.
PASSED AND ADOPTED this 17th day of February, 1998, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Conant, Furtado, Dougherty, Dean, Watson
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
ATTEST: