CC Resolution 8853
RESOLUTION NO. 8853
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL APPROVING A PLANNED DEVELOPMENT
PERMIT TO ALLOW CONSTRUCTION OF FOUR
TOWNHOMES ON PROPERTY LOCATED AT 33 SUNNYSIDE
A VENUE, IN A PD (PLANNED DEVELOPMENT) ZONING
DISTRICT. FILE NO. PD 95-02.
After notification and Public Hearing, as specified by law, on the application
of Mr. Omid Shakeri and, after presentation by the City Staff, proponents and
opponents, the hearing was closed.
After due consideration of all evidence presented, the City Council did find as
follows with respect to File No. PD 95-02:
1. An initial study was prepared for this project and no significant
unmitigated environmental impacts were found.
2. The proposed Planned Development Permit is consistent with the
Land Use Element of the General Plan.
3. The proposed density of 8.1 units per gross acre is consistent with the
General Plan land use designation of 6-13 units per gross acre.
4. The project design 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 City Council further finds and
concludes that:
1. 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.
2. The development and uses are compatible with the General Plan of the
City and will aid in the harmonious development of the immediate
area.
3. The proposed development will not result in allowing more
residential units that would be allowed by other residential zoning
districts which are consistent with the General Plan designation of the
property .
City Council Resolution No.
PD 95-02 - 33 Sunnyside Avenue - Omid Shakeri
Page 2
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 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.
PLANNING DEPARTMENT
1. Approved Project: Approval is granted to construct a four (4) unit
townhome project. The building designs shall substantially conform to
the project exhibits listed below, except as may be modified by the
Conditions of Approval. (Planning)
A. Site plan and elevations prepared by Bruce Johnson, dated June
20, 1994. (Planning)
2. Landscaping: Applicant shall submit a landscape, paving and irrigation
plan for approval by the Site and Architectural Review Committee,
prior to issuance of building permits, addressing the following:
A. Preparation of landscape plan consistent with the Water Efficient
Landscape Standards (WELS) policy.
B. Tree Protection Plan: A tree protection plan will be enacted for
all trees proposed to be retained on site. If designated trees are
damaged or removed, applicant shall replace each tree damaged
by two specimen trees to the satisfaction of the City of Campbell.
(Planning)
C Landscape Bond or Agreement.
D. Driveway: Driveway pavement to be accented by brick work or
alternative pavement materials.
3. Building Exterior Revised Elevations: Applicant shall submit revised
building elevations, providing varied architectural details, so that the
street facade of the units differs and enhances the individual character
of each unit. Architectural details shall include, but are not limited to,
the following:
City Council Resolution No.
PD 95-02 - 33 Sunnyside Avenue - amid Shakeri
Page 3
A. Building Colors
B. Roof Eave Details
C Porch Railing and Post Details
D. Building Materials
E. Low Decorative Fencing
Revised elevations to be approved by the Community Development
Director prior to issuance of building permits.
4. On-site Lighting: All on-site lighting shall be shielded away from
adjacent properties and directed on site. (Planning)
5. Fences: Fencing plan indicating location and details of fencing to be
approved by the Planning Department prior to issuance of a building
permit. Plan to include a low decorative fence (3'6") along the
Sunnyside Avenue frontage and project driveway.
6. Utility Boxes and Back-Flow Preventers: Applicant to submit a plan to
the Planning Department, prior to the installation of PG&E utility
(transformer) boxes and San Jose Water Company back-flow
preventers, indicating the location of the boxes and screening (if boxes
are above ground) for approval by the Community Development.
(Planning)
7. Utility Connections: Plans submitted to the Building Division for plan
check shall indicate clearly the location of all connections for
underground utilities including water, sewer, electric, telephone and
television cables, etc. (Building)
8. Utility Meters: One set of meters must be provided for each parcel per
City Ordinance. (Building)
9. Property 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.
City Council Resolution No.
PD 95-02 - 33 Sunnyside Avenue - amid Shakeri
Page 4
10. Garbage Collection: Ordinance No. 782 of the Campbell Municipal
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. (Fire)
11. Parking and Driveways: All parking and driveway areas to be
developed in compliance with Chapter 21.50 of the Campbell
Municipal Code. (Planning)
12. Historical Documentation: Prior to demolition or removal of existing
residence, applicant to provide photographs of four elevations of the
structure in a format acceptable to the Historic Museum supervisor.
Photographs to be submitted to the Planning Department. (Planning)
13. Park Impact Fees: Applicant to pay Park Impact In-Lieu Fee at the time
of final map recordation and building final. Current fee is $7,035 per
unit less a credit for legally existing units or lots. (Planning)
14. Revised Elevations: Revised elevations addressing roof overhang/wall
interfaces to be reviewed and approved by the Architectural Advisor
prior to application for building permits. (Planning)
15. Streets and Related Improvements
A. Remove the existing driveway on west side of property and
remove portion of the driveway on east side. Construct new
driveway. Construct curb, gutter and sidewalk as needed for
driveways removed along property frontage.
B. Install full width pavement along property in the alley when the
City has proper documentation to ensure that this is proper
procedure.
C. Install a pavement structural section on the alleyway based on a
traffic index determined by the City Traffic Engineer, a soils
report provided by the applicant and related information as
determined by the City Engineer.
City Council Resolution No.
PD 95-02 - 33 Sunnyside A venue - amid Shakeri
Page 5
D. Install asphalt seal coat for 1/2 width of street, a property
frontage, on Sunnyside Avenue as required by the City Engineer.
E. Install street lights in accordance with the Illuminating
Engineering Society requirements on Sunnyside Avenue
including undergrounding of the existing aerial service.
16. Traffic Control Improvements: Install traffic control improvements
including pavement stripes, markers, markings and traffic control
signs.
17. Landscape Improvements: Provide trees, irrigation and related
landscape improvements in the public right-of-way.
18. Parcel Map: Submit Parcel Map for review and approval by the City
Engineer.
19. Street Improvement Plans: Provide Street Improvement Plans for
review and approval by the City Engineer.
20. Grading and Drainage Plans: Provide separate grading and drainage
plans for review and approval by the City. Easements for grading and
drainage shall be shown on the Parcel Map and offered for dedication
as appropriate.
21. Parking On-Site: Provide on-site parking as required by the Municipal
Code.
22. Soils Report: Provide an appropriate soils report prepared by a
registered Geotechnical or Civil Engineer.
23. Design of City Storm Drains: Design of improvement plans for storm
water conveyance facilities shall be based on a 10 year storm frequency.
24. Registered Civil Engineer /Land Surveyor: Cause plans, specifications,
calculations, reports and designs for street improvements, grading and
drainage improvements and the Record Map to be prepared and sealed
by a Civil Engineer or Land Surveyor licensed in the State of California
and submitted to the City Engineer for approval.
City Council Resolution No.
PD 95-02 - 33 Sunnyside Avenue - Omid Shakeri
Page 6
25. Standard Specifications & Details: Comply with the current City of
Campbell Standard Specifications and Details for Public Works
Construction.
26. Subdivision and Land Development: Comply with Title 20 of the
Campbell Municipal Code concerning Subdivision and Land
Development.
27. Streets and Sidewalks: Comply with Title 11 of the Campbell
Municipal Code concerning Streets and Sidewalks.
28. Americans With Disabilities Act and California Disability Access
Regulations: Comply with the Americans With Disabilities Act and
the California Disability Access Regulations, whichever applies.
29. Right-of-Way Dedications: Provide right-of-way dedications for
Sunnyside Avenue to 30 feet from centerline.
30. Title Report: Furnish current Preliminary Title Report(s).
31. Record Title Interests and Easements: Comply with Section 66436 of
the Subdivision Map Act regarding existing record title interests of
others.
32. Reciprocal Ingress and Egress Easements: Provide reciprocal ingress
and egress easements for all lots as required by Title 20.
33. Underground Utilities: Cause all electrical, telephone and cable
television facilities to be installed underground in accordance with the
provisions of Chapter 20.36.150 of the Municipal Code and as required
by the City Engineer, prior to occupancy.
34. Utility Construction Coordination in Public Right-of-Way: Submit a
Utility Coordination Plan and Schedule, for approval by the City
Engineer, for installation of electrical, telephone, cable television,
sewer, water and storm drain improvements to minimize damage to
City streets, sidewalks and related facilities.
35. Sanitary Sewer Service: Install a sanitary sewerage system to serve all
lots in conformance with the requirements of the West Valley
Sanitation District.
City Council Resolution No.
PD 95-02 - 33 Sunnyside A venue - Omid Shakeri
Page 7
36. Water Service: Install a water distribution system to serve all lots in
conformance with the requirements of the San Jose Water Company.
37. Storm Drain Area Fee: Pay the then current storm drainage area fee
prior to issuance of the building permit. Current amount is $2,142 per
acre.
38. Park Impact Fees and Park Land Dedication: Dedicate land or pay fee
in lieu of dedication prior to recordation of the Final Map as
determined by the Community Development Director.
39. Securi ty: Provide guarantees to design and construct all public
improvements by cash, bonds, letters of credit or other legal
instruments acceptable to the City Attorney.
40. Monumentation; Furnish the City with security guaranteeing the cost
of setting all monuments as shown on the Final Map.
41. Taxes and Assessments: Comply with Sections 66494 and 66493 of the
Subdivision Map regarding taxes and assessments.
42. Agreemen t: Complete and execute, to the satisfaction of the City
Attorney, the City of Campbell's Standard Agreement for construction
of public improvements.
43. Maintenance Agreement: Furnish an agreement, acceptable to the City,
prior to recording the Final Map, which shall provide for the on-going
financial responsibility of each lot created by the proposed Map (upon
their sale) to the Homeowners' Association for the maintenance of
public utilities and all other improvements within the common
easement areas. Said agreement to include a Consumer Price Index
factor (CPI) for fee adjustment and shall be incorporated into the
CC&R's for the project.
44. Development and Maintenance Documents: Submit the following
documents which demonstrate that the project will be developed and
maintained in accordance with the intent and purpose of the
approvals:
A. Final Title Report.
City Council Resolution No.
PO 95-02 - 33 Sunnyside A venue - Omid Shakeri
Page 8
B. Management and Maintenance Agreement to be entered into
with owners of the project units.
C Covenants, Conditions and Restrictions (CC&R's).
The approved documents shall be recorded concurrently with the Final
Map.
45. Landscape Maintenance: Record a deed restriction in a form acceptable
to the City notifying future property owners of the parcels abutting
Sunnyside Avenue that, per Chapter 11.0-8.150 of the Campbell
Municipal Code, owners of private property shall be responsible for the
maintenance of street trees and shrubs in the parkway abutting such
private property.
46. Covenants, Condition and Restrictions: Submit Covenants, Conditions
and Restrictions (CC&R's) to the City Attorney for review, which
contain provisions for a Homeowners' Association to have an
unqualified right to assess owners to individual units for reasonable
maintenance of common areas and improvements.
47. Encroachment Permit: Obtain an encroachment permit, pay fees and
deposits, provide bonds and insurance certificates for all construction
with the public right-of-way.
48. Dust Control: Implement the requirements of the Bay Area
Management District including the following mitigation measures:
A. Water all exposed or disturbed soil surfaces, as necessary to
control dust but not less than twice daily.
B. Consistently water areas of digging and grading operations.
C. Suspend grading or other dust producing activities during high
wind.
D. Water or cover stock piles of soil debris, sand and other dust
producing material.
E. Sweep construction area and surrounding area daily.
City Council Resolution No.
PD 95-02 - 33 Sunnyside Avenue - Omid Shakeri
Page 9
49. Completion Prior to Occupancy: Complete construction of all required
off-site and on-site improvements prior to occupancy of any structure.
PASSED AND ADOPTED this 18th day of July
following roll call vote:
1995, by the
AYES: Councilmember: Watson, Dougherty, Burr
NOES: Councilmember: None
ABSENT: Councilmember: Conant, Wilkinson
ABSTAIN: Councilmember: None
APPR9flD~ ~I (~~ ~
onald R. urr, Mayor
,
) ~
ArrEST: ~ / /
Anne Bybee, City Clerk
f
DEVELOPMENT SCHEDULE FOR FILE NO. PD 95-02
SITE ADDRESS: 33 SUNNYSIDE AVENUE
APPLICANT: OMID SHAKERI, FOR MASSOUD MAESEOMI
c.c. MEETING: JULY 18, 1995
The approved development schedule for the above-referenced project is as follows:
1. One year to commence construction from approval date.
2. One year to complete construction after commencement.