CC Resolution 9252
RESOLUTION NO. 9252
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL DENYING THE APPEAL AND UPHOLDING
THE PLANNING COMMISSION DECISION APPROVING A
SITE AND ARCHITECTURAL PERMIT FOR A NEW SINGLE
FAMILY DWELLING ON PROPERTY LOCATED AT 1689
WALTERS AVENUE IN AN R-1-9 (SINGLE FAMILY
RESIENTIAL) ZONING DISTRICT. APPLICATION OF MR.
BEHROUZ BEHROUZIAN. FILE NO. V 96-02.
After notification and public hearing, as specified by law on the application of Mr.
Behrouz Behrouzian, as per the application filed in the Community Development
Department on May 13, 1997, 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 did find as follows
with respect to application S 97-11:
1. The subject parcel was legally created under the jurisdiction of the County of Santa Clara
prior to subdivision regulations, and can legally developed in accordance development
standards of the R-I-6 zoning district of the San Tomas Area Neighborhood Plan.
2. The lot dimensions of the subject property, after the required dedication of the street
right-of-way, are 72.65 D x 70.00 W.
3. The right to develop of a legally created, non-conforming parcel, supersedes the density
that results from its development, therefore, a general plan amendment is not required for
this project.
4. The proposed project meets the development standards of the R-1-6 Zoning District and
the San Tomas Area Neighborhood Plan.
5. The proposed dwelling is well designed and is architecturally compatible with the
surrounding area by featuring architectural features and building elements commonly
found in the neighborhood and encouraged by the San Tomas Area Neighborhood Plan.
6. The proposed single family home is consistent with the intent of the General Plan density
of allowing one dwelling unit per lot.
7. The two mature trees along the frontage of the property will be retained with the
proposed development.
8. The location of the driveway has been deemed acceptable by the Traffic Engineer subject
to conditions of approval.
City Council Resolution No. 9252
S 97-11 - 1689 Walters Avenue
Page 2
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The proposed project is consistent with the General Plan and zoning, and
2. The proposed project will aid in the harmonious development of the immediate area.
The applicant is hereby 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 State of California. The lead department with which at the applicant will work is
identified on each condition. Additionally, the applicant is hereby notified that he/she is
required to comply with all applicable Codes or Ordinances of the City of Campbell and
the State of California that pertain to this development and are not herein specified.
1. Approved Proiect: Approval is granted for a Site and Architectural Review Permit
allowing a new single family residence on property located at 1689 Walters Avenue.
Project approval shall substantially comply with project plans prepared by R. E. Hinson
dated May 22, 1997, except as modified by the Conditions of Approval herein.
2. Landscaping: Submit a landscaping plan indicating tree protection and three additional
trees (non-fruit bearing) along the eastern property line as indicated on the site plan to
the Community Development Department for review and approval prior to issuance of
building permits.
3. Dedication to Citv: Prior to issuance of any building permits for the site, the applicant
shall dedicate right-of-way along the street frontage to provide for a 20' half street right-
of-way. Applicant shall prepare all documents necessary to record dedication and
submit to the City for review, acceptance and recording.
4. Storm Drain Area Fee: Prior to issuance of any building permits for the site, the
applicant shall pay the then current required storm drain area fee. The current fee is
$2,000 an acre or $233.
5. Grading and Drainage Plan: The Building Division will determine grading and drainage
requirements.
6. Standard Street Improvements: Prior to issuance of any building permits for the site, the
applicant shall prepare a plan, pay fees, post securities and provide insurance, as
appropriate, to obtain an encroachment permit to construct the AC driveway approach to
the public street, as required by the City Engineer.
City Council Resolution No. 9252
S 97-11 - 1689 Walters Avenue
Page 2
7. 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 provide evidence from all utility companies that the
application as proposed can be served. Applicant shall comply with all plan submittals,
permitting and fee requirements of the serving utility company.
8. On-Street Parking: Parking shall be prohibited in the public right-of-way adjacent to the
driveway. The public improvement plans shall reflect "No Parking Permitted" within
this area.
9. Site Plan: Prior to issuance of the grading, drainage or building permits, the applicant
must submit a Plot/Site Plan for approval by the City Engineer.
10. City Engineer's Requirements: Applicant shall comply with the street improvement
policies of the San Tomas Area Neighborhood Plan.
11. Park Impact Fee: The applicant shall pay park impact fee of $10,990 or the current fee in
effect at the issuance of the Certificate of Occupancy from the Building Official for the
new single family residence.
12. Development Approval Expiration: The Site and Architectural approval for this project
is valid for a period of one year from the Planning Commission approval and expires on
July 15, 1998.
PASSED AND ADOPTED this 15th day of July, 1997, by the following roll call
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Dougherty, Watson, Furtado, Conant
None
Dean
//~,
Barbara D. Conant, Mayor