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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: