CC Resolution 8789
RESOLUTION NO. 8789
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL, CALIFORNIA, APPROVING THE
REINST A TEMENT OF A PREVIOUSL Y APPROVED
PLANNED DEVELOPMENT PERMIT (PD 90-06) ALLOWING
THE CONSTRUCTION OF TOWN HOME UNITS ON
PROPERTY LOCATED AT 80 DOT AVENUE IN A PD
(PLANNED DEVELOPMENT) ZONING DISTRICT.
APPLICA nON OF MR. TED BORNS. FILE NO. R 94-03 (PD 90-
06).
After notification and Public Hearing as specified by law on the application of
Mr. Ted Borns, for reinstatement of a previously approved Planned
Development Permit (PD 90-06) allowing the construction of five townhomes
on property located at 80 Dot Avenue in a PD (Planned Development) Zoning
District, as per the application filed in the Planning Department on December
7, 1994; 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 File No. R 94-03 (PD 90-06):
1. There have been no changes in the General Plan or Zoning in the area
since the original approval.
2. The amended Conditions of Approval reflect current development
standards and regulations.
Based upon the foregoing findings of fact, the CITY COUNCIL further finds
and concludes that:
1. The proposed project, subject to the conditions imposed, will be
consistent with the City's General Plan.
2. The proposed project will aid in the harmonious development of the
immediate area.
The CITY COUNCIL approves reinstatement of this project, per the following
conditions of approval and exhibits:
1. Elevations: Elevations indicating a simplified building style with fewer
architectural embellishments shall be approved by the Site and
Architectural Review Committee prior to issuance of building permits.
Final elevations for the rear of Building "D"shall reflect the design
approved by the Planning Commission at the meeting of February 14,
1995.
City Council Resolution No. 8789
R 94-03 (PD 90-06) - 80 Dot Avenue
Adopted on March 7, 1995
Page 2
2. Landscaping and Fencing: Property to be fenced and landscaped as
indicated an/or added in red on the plans. Landscaping and fencing
shall be maintained in accordance with the approved plans.
3. Landscaping: Landscaping plan indicating type and size of plant
material and location of irrigation system to be submitted to the
Planning Department and approved by the Site and Architectural
Review Committee and/or the Planning Commission prior to issuance
of a building permit.
4. Fencing: Fencing plan indicating location and design details of fencing
to be submitted to the Planning Department and approved by the
Community Development Director prior to issuance of a Building
Permit.
5. Bond: Applicant to either (1) post a faithful performance bond in the
amount of $5,000 to ensure landscaping, fencing and striping of parking
areas within three months of completion of construction; or (2) file a
written agreement to complete landscaping, fencing and striping of the
parking areas. Bond or agreement to be filed with the Planning
Department prior to application for a Building Permit.
6. Utilities and Transformers: Applicant to submit a letter to the
Planning Department, prior to installation of PG&E utility
(transformer) boxes, indicating the location of the boxes and screening
(if boxes are above ground) for approval of the Community
Development Director.
7. Occupancy: Building occupancy will not be allowed until all public
improvements are installed.
8. Parking: All parking and driveway areas to be developed in
compliance with Chapter 21.50 of the Campbell Municipal Code. All
parking spaces to be provided with appropriate concrete curbs or
bumper guards.
9. Underground Utilities: Underground utilities to be provided as
required by Section 20.36.150 of the Campbell Municipal Code.
City Council Resolution No. 8789
R 94-03 (PD 90-06) - 80 Dot A venue
Adopted on March 7, 1995
Page 3
10. Utilities: Plans submitted to the Building Division for a plan check
shall indicate clearly the location of all connections for underground
utilities including water, sewer, electric, telephone and television
cables, etc.
11. Signs: Sign application to be submitted in accordance with provisions
of the Sign Ordinance
12. Disposal of Garbage: 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.
13. Trash Containers: Trash container(s} of a size and quantity necessary to
serve the development shall be located in area(s} approved by the Fire
Department. Unless otherwise noted, enclosure(s} shall consist of a
concrete floor surrounded by a solid wall or fence and have self-closing
doors of a size specified by the Fire Department. All enclosures to be
constructed at grade level and have a level area adjacent to the trash
enclosure area to service these containers.
14. Noise: Noise levels for the interior of residential units shall comply
with the minimum State (Title 24) and local standards as indicated in
the Noise Element of the Campbell General Plan.
15. Park Impact Fee: Applicant to pay park in-lieu fee in effect at the time
of final map approval and at time of building final. The current
impact fee is calculated at five units at $6,615 each. (Community
Development Department)
16. 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. Section No. 11.201 and
11.414, 1979 Ed. Uniform Fire Code.
. "
. .
City Council Resolution No. 8789
R 94-03 (PD 90-06) - 80 Dot Avenue
Adopted on March 7, 1995
Page 4
17. Expiration: This approval shall become void on December 7, 1997,
unless building permits have been issued pursuant to the conditions
contained herein.
Building Division
18. Retaining Walls: Retaining walls at property lines are limited to a
height of 15 inches if constructed of wood.
19. Provide two (2) one hour (l-hr) walls at the property line and a five
foot (5') protected setback, with no roof openings. UBC 1790
20. No openings within three feet (3') of property line. DOC T5A
21. Provide on-site drainage plans at time of submittal. UBC 302
Public Works Department
22. Encroachment Permit: Prior to approval of final map, submit plans,
pay fees, post surety and sign an agreement for relocation of driveways
and all other work in the public right-of-way.
Further, the applicant is notified as part of this application that he is required
to comply with all applicable Codes and Ordinances of the City of Campbell
and the State of California which pertain to this development and are not
herein specified.
PASSED AND ADOPTED this 7th day of MARCH, 1995, by the following roll
call vote:
AYES:
NOES:
ABSENT:
ABSAIN:
Councilmembers
Councilmembers
Councilmembers
Councilmembers
Watson, Dougherty, Conant, Wilkinson, Burr
None
None
None
ATTEST:
tL~
Anne Bybee, City Clerk
APPlK'~~~
on Burr, Mayor