PD Permit - 1998
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CITY OF CA1\1PBELL
Community Development Department - Current Planning
Apri123,2001
Peggy Galeb,
Galeb Development
12372 Saratoga-Sunnyvale Road
Saratoga, CA 95070
Re: Planning Division Final- PD 98-01
1725 Bucknall Rd.
Dear Ms. Galeb:
The Planning Division conducted a fmal review of the landscaping and buildings on the referenced site.
Based upon this inspection on April 23, 2001, the following deficiencies were noted:
1.
2.
The landscaping needs to be upgraded around the utility boxes at the front and
The rear yard areas need to be clean-up and yard areas to be graded or leveled to finished grade.
Additionally, a review of the development file indicates that a Park Impact Fee of$2,528.75 is due at the
time of project final.
These items are those identified by the Planning Division and do not include those completeness items
identified by other divisions or departments.
Please contact the undersigned if you should have a questions regarding these items and to reschedule an
inspection. I may be reached at (408) 866-2144.
~~
Tim J. Haley
Associate Planner
cc: Marko Duchich, 875 Emory Ave. Campbell, CA 95008
ìO North First Street
Campbell, California 95008-1436
TEL 408.866.2140
FAX 408.866.838 . TOO 408.866.2ì90
0 .,.
Tim J. Haley
70 N. First Street
(408) 866-2140
(408) 866-8381 (fax)
City of Campbell
Community
Development
Department
Fax
To: Galeb Development Attn: Peggy
From: Tim 1. Haley
Fax: 2534753
Phone: 2534747
Pages:
2
Date:
April 19,2001
Re:
Elimination of pilasters and rod iron fence
D Urgent
X As requested
D Please Comment
D Please Reply
Peggy:
Your request to eliminate the decorative fence at 1721 Bucknall has been approved. This approval is granted
based upon the conflict with utilities, the limited yard space and the extent of architectural treatments on the
buildings.
Tim Haley
Galeb Development
12372 Saratoga-Sunnyvale Road, Saratoga, CA 95070
Telephone (408) 253-4747 Facsimile (408) 263-4753
Transmittal
DATE:
PAGES:
18 April 2001
1 rl
TO:
fAX:
FROM:
Mr. Tim Haley, City of Campbell
40800866-8381
Peggy Galeb
RE:
1721 - 1725 - 1729 Bucknell Road
D~ar Tim,
1ft follow up to our telephoDe eonvenatioD today, we are requesdng permission from the City of
Campbell not to iDstall the decorative 3.0' high øtucco pilaster and rod iroD feRce in front of 1711
Huemal. Road (as shown on .heet A.I oftbe plans) because it will obstruct nllmemus .tiUty bon~
(PG&E, roo, and Pac BeD).
Please find attached the cut shed from sheet A.I of the plana. The subject decorative fence i~
drcled.
We thank you in advance for you prompt response.
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Bob LeBlanc
408
239-1063
p. 1
3839 EdønwOOd Drive
S81 JOIe, CA95120
PHOf'.E: 408 239-1054
FAX. 408 239-1083
Shamrock Landscape
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Pax: .roe 866-8381
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5750 ALMADEN EXPWY
SAN JOSE, CA 95118-3686
TELEPHONE (408) 265-2600
FACIMllE (408) 266-0271
www.scvwd.dst.ca.us
AN EQUAL OPPORTUNITY EMPLOYER
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November 2, 2000
Mr. Alan Hom
Department of Public Works
City of Campbell
70 North First Street
Campbell, CA 95008
Dear Mr. Hom:
Subject: Permit Amendment for Site Improvements at 1725 Bucknall Road, Campbell-Project 99-161
The Santa Clara Valley Water District (District) does hereby amend Permit No. 00953 issued on
October 4,2000.
The amendment is issued for the following:
1.
Installation of37.5 lineal feet of6-inch diameter ductile iron pipe with hot dip bituminous coating
sanitary sewer lateral crossing under the District's Campbell Distributary.
This permit amendment shall expire 1 year from the date of issuance of the original permit, which is
October 4,200 I. This amendment is to be kept with the original permit and a copy of both the original
permit and this amendment must be kept at the construction site during construction of this project.
The special provisions associated with the previously-issued permit shall apply for all identified
improvements in addition to the following special provisions:
1.
The portion of sanitary sewer crossing under the District's Campbell Distributary must be
constructed using a continuous section of ductile iron pipe with hot dip bituminous coating
centered under the District's line. The section of continuous pipe must extend a minimum of
4 feet beyond the outside of the Campbell Distributary on both sides.
2.
Permittee must contact the District's inspector and arrange for him to be present during the
installation of the sanitary sewer crossing under the District's Campbell Distributary.
Please reference District File No. 25245 on further correspondence regarding this matter.
The mission of the Santa Clara Valley Water District is a healthy, safe and enhanced quality of living in Santa Clara County
through the comprehensive management of water resources in a practical, cost-effective and environmentally sensitive manner.
0
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Mr. Alan Hom
2
November 2, 2000
If you have any questions or need further information, you can contact me at (408) 265-2607,
extension 2253.
Sincerely,
~aÎ~
Sue A. Tippets, P.E.
Engineering Unit Manager
Community Projects Review Unit
cc: ¡Planning Department
City of Campbell
70 North First Street
Campbell, CA 95008
Galeb Paving, Inc.
12372 Saratoga-Sunnyvale Road
Saratoga, CA 95070
Mr. Marko Duchich
875 Emory Avenue
Campbell, CA 95008
Mr. Steve Arnold
1671 The Alameda, Suite 305
San Jose, CA 95126
r
GALEB DEVELOPMENT
GENERAL ENGINEERING CONTRACTORS
CALIFORNIA STATE LICENSE NO. 325912
12340 SOUTH SARATOGA-SUNNVALE ROAD, SUITE 10
SARATOGA, CALIFORNIA 95070
(408) 253-4747 FAX (408) 253-4753
10 February 2000
RECEIVED
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CITY OF
PI.ANNJß~~PJ~~
Ms. Aki Arani
City of Campbell
70 North First Street
Campbell, CA 95008
Fax: 408-866-8381
Dear Aki:
RE: 1725 Bucknall Road, Campbell
In follow-up to our telephone conversation, please be advised that Lynne Birch, the
architect for the Bucknall project, will be forwarding to you elevations ofthe subject
property depicting 2nd story ceiling heights (for building A and B/C) of 9 feet as opposed
to 10 feet. We believe that not only will this change be beneficial to neighboring
properties, but will also enhance the interior of the 2nd stories which would otherwise,
with the 10' ceilings, appear too boxy.
Please confirm as soon as possible that this change is acceptable. As you are aware, we
are currently framing the second floors of the structures and as such, time is of the
essence.
I look forward to our meeting on Wednesday, 16 February at 2:30 pm.
Sincerely yours,
Peggy V ~ ?
r:l/
CC: Lynne Bir , Architect
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CITY OF CAMPBELL
Public Works Department
November 4, 1999
Re:
1725 Bucknall Road
Recordation of Documents
RE: C £1"£0
NOVO
CITv 5 1999
p. 1 OF CA
'l..ANNING MDPBELL
I£Pr.
Pat Correa, Title Officer
Alliance Title
901 Campisi Way, Ste. 100
Campbell, CA 95008
Dear Pat:
The land owner has now demolished the existing structures and wants to record the Parcel Map
and related documents as soon as possible in the order listed below:
1.
2.
3.
Street Improvement Agreement;
Final parcel map consisting of two full size mylar sheets;
Covenants, conditions and restrictions. Prior to recording this
recording information for the parcel map on page 2.
document, insert the
Please provide the City with a full-size duplicate mylar set of the recorded parcel map and
three blue line sets.
Please give me a call if you have any questions.
Cc:
Anne Bybee, City Clerk
Bill Helms, Land Development Manager
Bill Bruckart, Building Official
Aki Irani, Planning Division
Robert Kass, Public Works Director
H:\landdev\ I 725bucknall_allianceltr(mp)
70 North First Street. Campbell, California 9500S-1423 . TEL 40S.S66.2150 . FAX 408.3ï60958 . TOO 408.866.2790
MILLER, MORTON, CAILLAT & NEVIS
DAVID L. NEVIS
FRANCIS J. HUGHES
PETER A. KLINE
STEVAN C.ADELMAN
JOSEPH A. SCANLAN, JR.
CAROLYN TOBIASON STUART
WILLIAM K. HURLEY
PETER V. DESSAU
ERIC MOGENSEN
KATHRYN E.BARRETT
KATHERINE S. PAK
DAVID I. KORNBLUH
JAMES W. MARKWITH
ATTORNEYS AT LAW
ESTABLISHED 1929
HARVEY C. MI LLER
1906-1993
FAIRMONT PLAZA
RICHARD W. MORTON
1916-1975
50 WEST SAN FERNANDO STREET-SUITE 1300
SAN ..lOSE, CALIFORNIA 95113 -2413
CHARLES V. CAILLAT
1920-1990
1408) 292-1765
FACSIMILE 14081 292-4484
OF COON5EL
NANCY F. SYMONS
September 9, 1999
Ms. Aki R. Irani
City of Campbell Planning Dept.
70 North First Street
Campbell, CA 95008-1423
Re:
1725 Bucknall Road
Dear Ms. Irani:
Pursuant to our telephone conversations, enclosed please find an original and one (1) copy
of the Declaration of Covenants, Conditions and Restrictions for the above-referenced property.
Please do not hesitate to contact me should you have any questions or if I may provide further
information.
Thank you for your assistance and consideration in this matter.
Very truly yours,
~LERp~O4:::VIS
PETER A. KLINE
Enclosures
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
MARKO DUCHICH
875 Emory Avenue
Campbell, CA 95008
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
AND MAINTENANCE AGREEMENT
FOR
1725 BUCKNALL ROAD
THIS DECLARATION is made as of the date set forth below by 1725 Bucknall Road LLC
(referred to in this Declaration as "Declarants").
SECTION 1: Recitals
1.01
Description of Real Property. Declarant is the owner of that certain real property located
in the City of Campbell, Santa Clara County, California, which is more particularly
described on Exhi'þit "A" attached hereto and by reference incorporated in this
Declaration.
1.02
Common Plan for Project. By this Declaration, Declarant intends to establish the rights
of each of the lots to use the driveway and to provide a general plan for the maintenance,
care, upkeep and replacement of the Common Areas as herein described and to confonn
to the requirements of the Planned Development pennit and Conditions of Approval for
the Project. This Declaration is intended to apply both to those lots upon which are
intended to be constructed half-Plex units, and to that lot upon which is intended to be
constructed a detached unit.
NOW, THEREFORE, Declarant hereby declares that the real property described on
Exhibit "A" shall be held, conveyed, mortgaged, encumbered, leased, rented, used,
occupied, sold, and improved, subject to the following declarations, limitations,
covenants, conditions, restrictions and easements, all of which are for the purpose of
enhancing and protecting the value and attractiveness of the Project, and every part
thereof, in accordance with the plan for improvement of the Property and the division
thereof into Lots. All of the limitations, covenants, conditions, restrictions and easements
shall constitute covenants which shall run with the land and shall be binding upon
Declarant and Declarant's successors and assigns, and all parties having or acquiring any
right, title or interest in or to any part of the Project.
1
SECTION 2: Definitions
In addition to other definitions provided for herein, the following terms shall have the following
meanIngs:
2.01
2.02
2.03
2.04
2.05
2.06
2.07
"Homeowners Association" shall mean the committee created pursuant to Section 3
entitled "Architectural Control" and which is charged with architectural approval and
control of the Improvements within the Project.
"Architectural Control Guidelines" or "Guidelines" shall mean the written architectural
review standards, if any, promulgated by the Homeowners Association as provided in
Section 3 entitled "Architectural Control".
"City" shall mean the City of Campbell, California.
"Conditions of Approval" shall mean the coriditions of approval for PD98-0 1.
"Common Area" shall mean and refer to the storm drains and sanitary services within the
Project and the fences, sidewalks and driveways, as shown on the Site Plan attached as
Exhibit "c" to this Declaration and the landscaped areas as shown on the Commonly
Maintained Landscape Plan attached as Exhibit "D" to this Declaration.
"Half-Plex" shallroean a 2-Unit attached structure constructed upon 2 adjacent Lots that
is comprised of 2 Units that are separated at the center of an air space that is, or shall be
deemed to be, the common boundary line of the Unit notwithstanding that the center of
such air space may not be exactly on the boundary line separating the Lot.
"Improvement" shall mean Structures, as defined herein, substantial plants such as trees,
hedges, shrubs, bushes and major landscape of any kind. "Improvement' shall also mean
any excavation, fill, ditch, diversion, dam or other thing or device which affects or alters
the natural flow of surface or subsurface water from, upon, under or across any portion of
the Project. "Improvement" shall also mean any public utility lines, conduits, conductors
for gas, electricity, telephone, cable television, private conduits for sanitary sewer
systems, and common concrete driveway facility including curbs, gutters, retaining walls,
fences, drainage inlets and conduits.
2.08
"Lot" shall mean any parcel ofland shown on the Map, including the legal fe-subdivision
of any such Lot into any additional parcel or parcels.
2.09
"Map" shall mean that certain parcel map recorded , 1998, in
book of Maps, at Page in the Office ofthe County
Recorder, Country of Santa Clara, State of California. A copy of the Map is attached as
Exhibit "B" to this Declaration.
2
2.10
2.11
2.12
2.13
2.14
2.15
3.01
3.02
"Mortgage" shall mean a mortgage or deed of trust encumbering a Lot. A "mortgagee"
shall include the beneficiary under a deed of trust.
"Owner" shall mean the record owner, whether one or more persons or entities, including
Declarant, holding a record fee ownership interest in a Lot. "Owner" shall not include
persons or entities who hold an interest in a Lot merely as security for the performance of
an obligation.
"Party Walls" mean any improvements that are constructed on the property line of any
two adjoining Lots, a portion of which is located on each of the two adjoining Lots.
"Proiect" or "Property" shall mean the real property described on Exhibit "A" attached
hereto, including any improvements erected thereon.
"Structure" shall mean any tangible thing or device to be fixed permanently or temporary
to real property including, without limitation, any building, garage, driveway, walkway,
concrete pad, asphalt, pad, fence, wall, pole, sign, antennae, sprinkling system, swimming
pool, spa, tennis court or trash enclosure.
"Unit" shall mean any residential structure (including attached garage) which is built
upon a Lot.
SECTION 3: Architectural Control; Maintenance
General Limitation. Subject to exemptions described below, no Improvement may be
constructed, erected, painted, altered in exterior design or color, on any portion of the
Project without the prior written approval ofthe Association and as required by City
regulations or by the Conditions of Approval.
Exemptions. Notwithstanding the Subsection above entitled "General Limitation",
Association approval shall not be required for the following:
a.
Improvements constructed by, at the direction of, or with the approval of
Declarant;
Normal maintenance of exempt or previously approved Improvements;
Repair or rebuilding of an exempt or previously approved Improvements;
Changes to the interior of an exempt or previously approved Structure;
Work reasonably required to be performed in an emergency for the purpose of
protecting any person or property from damage. However, all such work shall be
in accordance with all regulations administrated by City and with all Conditions
of Approval.
b.
c.
d.
e.
3
- . 'T
3.03
Homeowners Association.
a.
Number and Appointment. The Association shall be composed of three (3)
members. The initial members shall be appointed by Declarant. Declarant shall
have the right to appoint replacements, at any time to the Association for a period
of two (2) years from the date of recordation of this Declaration. Each member of
the Association appointed by Declarant shall be appointed with reference to either
Parcel A, Parcel B, or Parcel C, so as to allow for the removal of such member by
the owner of such Parcel after the second anniversary of recordation of this
Declaration as provided below. The Association members shall have the full
authority to designate a successor in the event of death or resignation of a
member, except for the power ofthe Declarant to appoint all members during the
initial two-(2) year period. At any time thereafter, the owners of Parcels A, Band
C, as shown on the Map, shall each have the right to appoint one (1) member of
the Association; and the owner of each such Lot shall have the right to remove the
member of the Association appointed with respect to such Lot. The initial
Association shall be composed of Marko Duchich, Robert Schafer, and Jovan
Vidovic.
b.
Duties.
(1)
The Association may adopt Architectural Control Guidelines
("Guidelines") as provided below and shall perform other duties imposed
upon it by this Declaration or applicable law and regulations.
The Association shall provide for the maintenance of the Common Area,
Party Walls and the common roof of the Half-Plex Units.
The Association shall maintain liability insurance on behalf of the owners
as provided in Section 5.02(c). Such insurance shall name the City against
liability arising out of any failure of the City to exercise its rights under
Section 7.08 of this Declaration.
(2)
(3)
c.
Address. The address of the Association shall be determined by resolution of the
Association. Such address shall be the place for the submittal of plans and
specifications and the place where current copies of the Guidelines shall be kept.
d.
Guidelines. The Association may from time to time, adopt, or amend Guidelines
prospectively. Said Guidelines shall interpret and implement the provisions of
this Section by setting forth more specific standards and procedures for
Association review. Any such adoption or amendment shall be in accordance
with all regulations administered by the City and with all Conditions of Approval.
4
3.04
3.05
3.06
3.07
Standards. The following minimum standards shall apply to any Improvements
constructed, painted, altered or changed on the Project:
a.
b.
All Units shall have a minimum area as that depicted on the Map.
All lots shall have a minimum of two enclosed parking spaces. All owners shall
have the duty to at all times maintain all such enclosed parking spaces in such a
manner so as to be continuously available for the parking of automobiles. All
parking spaces identified as such on the Map shall be continuously accessible for
guest vehicle parking.
All exterior trim color shall conform to the color scheme initially established by
the Declarant and the Association.
c.
Review and Approval. In the event the Association fails to notify the applicant of the
action taken by the Association within thirty-five (35) days after sufficient submission of
an application, the application shall be deemed approved.
Inspection Non-compliance. The Association or any authorized representative shall have
the right during normal business hours, after forty-eight hour (48) hours notice to the
Owner thereof, to enter upon any portion ofthe Project for the purpose of determining
whether or not any work is being performed or was performed in compliance with this
Declaration and the Guidelines.
If at any time the Association determines that work is not being performed in compliance
with this Declaration and the Guidelines, whether based on a failure to apply for or obtain
approval, a failure to comply with approval, a failure to timely commence or complete
approved work or otherwise, the Association shall notify the Owner in writing of such
non-compliance specifying the particulars of non-compliance, and requesting the Owner
remedy such non- compliance within a reasonable and specified period.
In the event that the Owner fails to remedy such non-compliance within the specified
period, the Association shall have the right and duty to remedy the non-compliance in any
appropriate manner permitted by this Declaration and the Guidelines or as otherwise
permitted by law or in equity, including, but not limited to removing the non-complying
improvement, completing the non-complying improvement, or recording a notice of non-
compliance or non-completion on the property, as appropriate. The Owner shall have the
obligation to reimburse the Association for any costs incurred in enforcing these
prOVISIOns.
Maintenance Standards. Repairs and maintenance to be undertaken and performed by the
Association as provided in Section 3.03.b.(2) of this Declaration include only such repairs
and maintenance as shall be required to maintain and repair the said Common Area as
originally constructed, provided that nothing herein contained shall prevent the Owners
by unanimous agreement as to the respective Lots to cause improvement over and above
5
- . 't
3.08
4.01
the maintenance and repair herein provided to take place. Any such over and above
maintenance and repair shall be in accordance with all regulations of the City, the
Conditions of Approval, the Guidelines, and the standards administered by the
Association.
Liability. Neither the Declarant, the Association, nor any member of the Association
shall be liable to any Owner or to any third party for any damages, loss, or prejudice
suffered or claimed on account of:
a.
the approval or disapproval of plans, drawings, and specifications, whether or not
defective,
the construction or perfonnance of any work, whether or not pursuant to approved
plans, drawings and specifications,
the development of any property within the Project, or
The execution and filing of a notice of non-compliance or non-completion
pursuant to section 3.06, whether or not the facts therein are correct, if the
Declarant, the Association, or such Association member has acted in good faith on
the basis of such infonnation as may be possessed by them. Specifically, but not
but not by way of limitation, it is understood that plans and specifications are not
approved for engineering design and by approving such plans and specifications
neither Declarant, the Association, nor any Association member thereof, assumes
liability or responsibility therefor, or for any defect in any Structure constructed
from such,.p1ans and specifications.
b.
c.
d.
SECTION 4: Use Restrictions
Use of Lots. Any use of the land affected by this Declaration shall be in accordance with
all regulations administered by the City and with all Conditions of Approval. No lot, or
any portion thereof, shall be occupied and used except for the site of a single-family
residence by the Owners, their contract purchasers, lessees, tenants or social guests. This
Subsection is intended to exclude every fonn of boarding or lodging house, sanitarium,
and hospital and the like. No trade, business, or commercial activity will be carried on or
conducted upon any Lot, except as follows:
a.
Declarant, its successors or assigns, may use any Lot in the Project owned by
Declarant for a model home site and displays and sales office during construction
and until the last lot is sold by Declarant.
This Subsection shall not prohibit home occupations so long as they are merely
incidental to the use of the Lot as a Residence, are pennitted by the City and are
conducted in such a manner as to not adversely affect other Owners' use and
enjoyment ofthe Project.
b.
6
- . 'T
4.02
4.03
4.04
4.05
4.06
Vehicle restrictions. No trailer, camper, mobile home recreational vehicle, commercial
vehicle, truck (other than standard size pickup truck) inoperable automobile, boat or
similar equipment shall be pennitted to remain upon any area within the Property, except
within an enclosed garage, other than temporarily, not to exceed forty-eight hours.
Commercial vehicles shall not include sedans or standard size pickup trucks which are
used both for business and personal use, provided that any signs or markings of a
commercial nature on such vehicles be unobtrusive and inoffensive as detennined by the
Association. No noisy or smoky vehicles shall be operated on the Property. No off-road
unlicensed motor vehicles shall be operated upon the Property.
.s.igM. No sign of any kind shall be displayed to the public view on or from any property
without the approval ofthe Association except as follows:
a.
One sign of customary and reasonable dimension advertising a lot for sale, lease,
rent, or exchange displayed from a lot; and
Such signs as may be used by Declarant or its assignees in connection with the
development of the Project and sale of Lots; and
Guest parking signs as required by the Improvement plans approved for this
Project.
b.
c.
Animals. No animals or birds of any kind shall be raised, bred or kept on any Lot or
portion of the Property, except that usual and ordinary household pets such as dogs, cats,
or birds may be kept, provided they are not kept, bred, or maintained for any commercial
purposes, and theÿ are kept under reasonable control at all the times. Notwithstanding the
foregoing, no pets may be kept on the Property which result in an annoyance or nuisance
to other Owners.
Trash: Storage of Materials. All garbage and trash shall be regularly removed from the
Property, and shall not be allowed accumulate thereon. All garbage and trash shall be
placed and kept in covered sanitary containers where it is not visible from any
neighboring Lot except for a reasonable time prior to or after collection. All woodpiles or
storage piles shall be kept screened and concealed from view of other Lots and the street.
Garbage and trash shall be placed for pick up as required by the disposal service and any
rules adopted by the Association.
Antennae: RoofProiections. No antennae, towers, aerials or other facilities for the
reception or transmission of radio or television broadcasts or other means of
communication shall be erected or maintained on any Lot except installations within
Structures constructed on a Lot or by underground conduits. Not such item or equipment
shall be erected or maintained upon the outside of any building on the Property unless the
same has been approved in writing by the Association and the City of Campbell.
7
4.07
4.08
4.09
4.10
4.11
4.12
4.13
4.14
Design and Construction Restrictions. The construction of improvements on each Lot is
subj ect to the "Guidelines", if any, as promulgated by the Association and to all
regulations administered by the City of Campbell.
Building Location. No building shall be located on any Lot nearer to the front lot line or
nearer to the side street line than the minimum building setback lines as required by the
City.
Window Coverings. Window shall be covered only by drapes, shades, or shutters and
shall not be painted or covered by foil, cardboard, sheets or similar materials.
Clotheslines. No exterior clotheslines or other outside clothes drying or airing facility
shall be erected or maintained in any location where the same would be visible from the
street or neighboring Lot.
Maior Appliances. No major appliances, including, without limitation, clothes washers,
clothes dryers, refrigerators or freezers may be kept, stored or operated on any balcony,
patio, porch or other exterior area of any Structure or Improvement.
Drainage. No owner shall do any act or construct any Improvement which would interfere
with the natural or established drainage systems or patterns within the Project without the
approval of the Association.
Nuisances: Offensive Activities. No noxious, illegal, or seriously offensive activities shall
be carried on within any Lot, or in any other part of the Property, nor shall anything be
done thereon which may be or may become an annoyance or a nuisance to or which may
in any way interfere with the quiet enjoyment of each Owner's Lot, or which shall in any
way increase the rate of insurance for any other Lot (or Owner).
Temporary Structures. Structures which are temporary in character, including, without
limitation, any trailer, tent, shack, garage, barn or other out-building, shall not be used as
a Residence on any Lot at any time; provided, however, that
a.
Declarant reserves the right to construct and maintain temporary buildings,
structural and vehicles on the Property in connection with the construction and
administration of initial Improvements; and
This subsection shall not be construed or interpreted to prohibit the erection or
construction of structures permitted pursuant to Section 714.5 of the Civil Code of
the State of California.
b.
4.15
Sports Fixtures. No basketball standards, hoops, backboards, or other fixed sports
apparatus shall be attached to any Unit or structures or erected on any Lot without the
prior approval of the Association.
8
Owner's Maintenance Obligation. Except for any Common Area, or otherwise provided
for in this Declaration, each Owner shall be solely responsible for maintaining in good
condition and repair his Unit and Lot, and all improvements and landscaping thereon.
Any such maintenance or repair shall in confonnance with all regulations ofthe City, the
Conditions of Approval, the Guidelines, and the standards administered by the
Association.
4.16
If an Owner fails to maintain hislher Unit and Lot as provided herein in a manner which
the Association reasonably deems necessary to preserve the safety, appearance and/or the
value of the project, the Association may notify the Owner of the work required and
request that it be done within a reasonable and specific period. If the Owner fails to
perform such maintenance and/or repairs within said period, the Association shall have
the right to enforce compliance in accordance with Section 7.07 of this Declaration.
4.17
Common Roof of Half-Plex Units.
a.
Routine Repair and Maintenance. Each Owner shall perform routine maintenance
and minor repair of the potion of the Common Roof that is within his Lot at his
own cost as long as such maintenance and repair does not extend into the portion
of the Common Roof that is within the contiguous Unit that shares the use of such
Common Roof. Any routine repair and maintenance that extends into the
Common ?-oof of both Units of a half-Plex shall be performed by a licensed
contractor mutually acceptable to both Owners and the cost of such work shall be
allocated to the Owners who share the use of such Common Roof in the manner
set forth below for the allocation of costs and expenses unless otherwise agreed to
by both such affected Owners.
b.
Maior Damage or Destruction. In the event that the entire Common Roof is
substantially damaged or destroyed, or requires repair or replacement in excess of
normal maintenance, the Owners who have the use of suehCommon Roof shall
cause such Common Roof to be repaired or replaced as necessary. In the event
that such Owners are unable to reach agreement on effecting such repair or
replacement of the Common Roof on matters such as the choice or contractor,
cost, design, roofing materials, or colors, then the matters shall be determined by
the Association.
c.
Allocation of Costs and Expenses. The costs and expenses in connection with the
repair and replacement of a Common Roof shall be allocated to a Unit on the
basis that gross square footage of the Common Roof with respect to such Unit,
bears to the square footage of all of the Common Roof ofthe half-Flex.
9
4.18
4.19
4.20
4.21
Exterior Maintenance of Half-Plex Units.
a.
Maintenance Responsibility. Each Owner of a Unit shall perfonn the routine
maintenance and repair, to include the exterior painting thereof, of that portion of
such Unit that is within his Lot. Any such maintenance and repair shall confonn
with all regulations and conditions of the City, the Conditions of Approval, the
Guidelines, and the standards administered by the Association.
b.
Reconstruction a Unit Any reconstruction of a Unit that is not reconstructed in
the style as originally constructed by Declarant must have the approval of both
Owners of the half-Flex, and the Association.
Damage or Destruction. The Owner of any Unit that has been damaged or destroyed by
fire, casualty or any other reason to the extent that such damage or destruction is
detectable or visible from the exterior of the Unit or that affects or impacts the use and
enjoyment of the other Unit that is within the half-Flex in which the damaged Unit is
located shall commence the repair or reconstruction activities as soon as practicable. Such
Owner shall commence and prosecute to completion as soon as reasonably possible any
emergency repair involving potential danger to life or property or as necessary so as not
to deprive the other Owner whose Unit is located within the half-Flex in which such
damaged Unit is located with the use of his Unit. In the event that the owner of a
damaged or destroyed Unit within two (2) months from the date of the date of the damage
or destruction has- failed to commence such reconstruction and to diligently prosecute
such reconstruction, such owner must, within such two-month period of time, restore the
Lot to a clean and presentable condition. Any Owner who has commenced the repair and
reconstruction of any damaged or destroyed Unit must diligently prosecute such repair
and reconstruction to completion.
Willful or Malicious Damage of Half-Plex Units. In the event that any portion of a
Common Roof, or any other portion of a Unit has been damaged or destroyed by the
negligent or malicious conduct or omission of one of the Owners who shares the use
thereof, his family, guests, employees, tenants, or agents, such Owner shall be responsible
for the cost of repairing such damage. Any increase in insurance payable by an Owner
that is a direct result of damage by any such negligent or malicious act or omission of a
particular Owner, or any of such Owner's family, guests, employees, tenants, or agents,
shall also be paid by such Owner.
Treatment for Wood-destroying Pests for Half-Plex Unit
a.
Temporary Relocation. If it becomes necessary to institute any treatment for
wood-destroying pest or organisms that require that a half-Flex be vacated in any
period of time, both Units within such half-Flex shall be vacated during the
period of the treatment so that the half-Flex can be promptly and effectively
10
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5.01
5.02
treated. Each Owner will be responsible for the temporary relocation of the
occupants of such Owner's Unit during the period of any such treatment.
b.
Procedure for Instigating Action. Any Owner of a Unit in a half-Plex may initiate
the procedure for effecting any treatment for wood-destroying pests or organisms
the cost of which is to be shared by the Owners of both of the Units within a half-
Plex by providing written notice of such action to the Owner of the other half-
Plex. A written notice in connection with the treatment of wood-destroying pests
or organisms shall be given not less than fifteen (15) days nor more than thirty
(30) days prior to the date on which the Unit must be vacated and shall include a
copy of notice issued by a licensed pest control operator evidencing the need for
such treatment, the date and time that the treatment is to commence and the time
of the termination of the treatment.
c.
Cost. The costs and expenses in connection with the treatment for wood-
destroying organisms shall be allocated to a Unit within the half-Plex in the
proportion that the gross square footage of floor space of such Unit (including
garages) bears to the total gross square footage of floor space of both of the Units
(including garages) within the half-Plex.
SECTION 5: Covenant for Maintenance Assessments
Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot
owned with the Project, hereby covenants, and each owner of any Lot by acceptance of a
deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant
and agree to pay to the Association: (1) annual assessments or charges, and (2) special
assessments for capital improvements, such assessments to be established and collected
as hereinafter provided. The annual and special assessments, together with any late
charge, interest, collection costs and attorneys' fees, shall be a charge on the Lot and shall
be a continuing lien upon the Lot against which each such assessment is made. Each
such assessment, together with interest, costs, and reasonable attorneys' fees, shall also be
the personal joint obligation of both the person who was the owner of such Lot at the time
when the assessment fell due and his grantee. The grantee shall be entitled to a statement
from the Association as to any outstanding delinquent assessments and shall be entitled to
rely upon his statement. The grantee shall be allowed to recover from his grantor any
delinquent assessments unpaid at the time such grantee acquires title in the Lot.
Purpose of Assessments. The assessments levied by the Association shall be used
exclusively to promote the recreation, health, safety, and welfare of the residents in the
properties and for the improvement and maintenance of the Common Area, and the
improvements and personal property in the Common Area that are owned or maintained
by the Association as set forth in this Declaration, and to further any other purpose that is
for the common benefit of the Owners in their use and enjoyment of the Property.
11
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5.03
5.04
Annual assessments shall include, but not be limited to, and the Association shall acquire
and pay for out of the funds derived from said annual assessments the following:
a.
Water, electrical, lighting, gas and other necessary utility service for the Common
Area.
b.
Maintenance and repair of storm drains, sanitary sewers, landscaping (including
planting and irrigation) and private driveways lying within the Common Area.
c.
Liability insurance insuring the Owners against any liability to the public or to
any Owner, their invitees or tenants incident to their occupation and/or use of the
Common Area in a combined personal injury and property damage coverage of
liability not less than $1,000,000.00 for each occurrence (such limits and coverage
to be reviewed at least annually by the Association and increased in its discretion).
d.
Workers' Compensation Insurance to .the extent necessary to comply with any
applicable laws, and other insurance deemed necessary by the Association.
Each annual regular assessment shall include a portion for reserves in such amount as the
Association, in its discretion considers appropriate to meet the cost of the future repair,
replacement, or additions that the Association is obligated to maintain and repair.
Reserve funds shall be deposited in a separate account, and the signatures of at least two
persons who shall be Members of the Association shall be required to withdraw money
from the reserve ãccount. Reserve funds may not be expended for any purpose other than
the repair, restoration, replacement, or maintenance, or litigation involving the repair,
restoration, replacement, or maintenance, of items that the Association is obligated to
maintain.
Maximum Monthly Assessment. Not more than ninety (90) days nor less than sixty (60)
days before the beginning of each calendar year, the Association shall meet for the
purpose of establishing the regular annual assessment for the forthcoming fiscal year.
After making any such adjustments that the Association considers appropriate, the
Association subject to the restrictions described in this provision and without the
requirement for a vote of the Owners, shall establish the regular annual assessment for the
forthcoming fiscal year. The regular annual assessment shall be paid ratably over the
calendar year.
Special Assessments. Subject to the restrictions described herein, the Association may
levy a special assessment if the Association, in its discretion, determines that the
Association's available funds are or will become inadequate to meet the estimated
expenses of the Association, including the maintenance of appropriate reserves, for a
particular year for any reason, including, but not limited to, unanticipated delinquencies,
costs of construction, unexpected repairs or replacements of capital improvements or
12
otherwise. The Association shall determine the amount necessary to meet the estimated
expenses, and if the amount is approved by a majority vote of the Association, it shall
become a special assessment without the requirement of a vote of the Owners. The
Association, in its discretion, may levy the entire assessment immediately or levy it in
installments over a period it considers appropriate.
The Association may impose a monetary penalty and levy a special assessment against a
particular Lot to reimburse the Association for costs incurred in repairing damage to the
Common Area, or any improvements or personal property located thereon, for which the
Owner was allegedly responsible, or in bringing the Owner or the Owner's Lot into
compliance with this Declaration, provided, however, notwithstanding the provisions of
Section 5.08, this special assessment may not become a lien against the Owner's Lot that
is enforceable by a power of sale under Civil Code § §2924, 2924b, and 2924c.
5.05
Uniform Rate of Assessment. Both annual and special assessments must be uniform and
may be collected on a monthly basis; provided, however, that special assessments levied
against a particular Lot for costs incurred in bringing the Owner of the Lot into
compliance with this Declaration shall not be subject to this allocation rule.
5.06
Due Dates: Late Charges: Interest. At least ten (10) days prior to the commencement of
any regular or special assessment, the Association shall give each Owner written notice of
the amount of the assessment and the due date. The notice need only be given once for
any assessment paid in installments.
Any assessment payment, including any installment payment, shall become delinquent if
payment is not received by the Association within fifteen (15) days after its due date.
There shall be a late charge of six percent (6%) or Ten Dollars ($10.00), whichever is
greater. A late charge may not be imposed more than once on any delinquent payment,
but it shall not eliminate or supersede any charges imposed on prior delinquent payments.
Interest also shall accrue on any delinquent payment at the rate often percent (10%) per
annum. Interest shall commence thirty (30) days after the assessment becomes due.
5.07
Transfer of Unit bv Sale or Foreclosure. The transfer of a Unit as a result of the exercise
of a power of sale or a judicial foreclosure involving a default under the first Mortgage
shall extinguish the lien of assessments which were due and payable prior to the transfer
of the Unit.
No transfer of a Unit interest as the result of a foreclosure or exercise of a power of sale
shall relieve the new owner, whether it be the former beneficiary of the first Mortgage or
another person, from liability for any assessments thereafter becoming due or from the
lien thereof.
13
.' .'<or
5.08
Priorities: Enforcement: Remedies. The Association may impose a lien against the
Owner's Lot for the amount of the delinquent assessment or assessments, plus any costs
of collection (including attorneys' fees), late charges, and interest by taking the following
steps:
a.
The Association shall notify the Owner in writing by certified mail ofthe fee and
penalty procedures of the Association and shall provide an itemized statement of
the charges owed by the Owner, including items on the statement that indicate the
principal owed, any late charges and the method of calculation, and any attorneys'
fees.
b.
After compliance with the notice requirements of subparagraph (a), the
Association may impose a lien against the Owner's Lot in the amount of the
delinquent assessment or assessments, plus costs of collection, late charges, and
interest by recording a notice of delinquent assessment with the county recorder of
the county in which the Project is located. The notice shall state the amount of the
assessment(s) and other sums imposed in accordance with Civil Code
Section 1366 or any successor statute thereto, a legal description of the Owner's
interest in the Proj ect against which the assessment( s) and other sums are levied,
the name of the record owner of the Owner's interest in the Project against which
the lien is imposed, and, if the lien is to be enforced by non-judicial foreclosure,
the name and address ofthe trustee authorized by the Association to enforce the
lien by sa~e. A copy shall be mailed in the manner required by Civil Code
Section 2924b to all record owners of the Owner's interest in the Project no later
than ten (10) days after recordation.
Any payments made on the delinquent assessment(s) shall be applied first to the
principal owed, and only after the principal owed is paid in full shall payments be
applied to interest or collection costs. On payment of the sums specified in the
notice of delinquent assessment, the Association shall cause to be recorded with
the Santa Clara County Recorder a notice stating the satisfaction and release of
the lien thereof.
After the expiration of thirty (30) days following the recording ofthe assessment
lien, the Association may enforce any assessment lien established under this
section by filing an action for judicial foreclosure or, if the notice of delinquent
assessment contained the name and address of the Trustee authorized by the
Association to enforce the lien by non-judicial foreclosure, by recording a notice
of default in the form described in California Civil Code §2924c(b)(I) to
commence a non-judicial foreclosure. Any non-judicial foreclosure shall be
conducted in accordance with the requirements of Civil Code §§2924, 2924b,
2924c, 2924f, 2924g, 2924h, and 2924j that apply to non-judicial foreclosures of
mortgages or deeds of trust. The sale shall be conducted by the Trustee named in
14
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5.09
5.10
6.01
6.02
the notice of delinquent assessment or by a Trustee substituted in accordance with
the provisions of Civil Code §2934a. If the default is cured before the sale, or
before completing a judicial foreclosure, including payment of all costs and
expenses incurred by the Association, the Association shall record a notice of
satisfaction and release of lien, and, on receipt of a written request by the Owner,
a notice of rescission of the declaration of default and demand for sale.
Mortgage Protection. The lien of the assessments provided for herein shall be
subordinate to the lien of any first Mortgage. Sale or transfer of any lot shall not affect
the assessment lien. However, the sale or transfer of any lot pursuant to Mortgage
foreclosure shall extinguish the lien of such assessments as to payments which became
due prior to such sale or transfer. No sale or transfer shall relieve such lot from liability
for any assessments thereafter becoming due or from the lien thereof.
Compliance with Declaration. Each Owner, contract purchaser, lessee, tenant, guest,
invitee, or other occupant of a Lot shall comply with the provisions of this Declaration.
SECTION 6: Ownership and Easements
Ownership of Lots. Title to each Lot in the Project shall be conveyed in fee to an Owner.
Ifmore than one person and/or entities owns an undivided interest in the same Lot, such
persons and / or entities shall constitute one Owner. Each Lot shall be subject to the
easements describ_ed in Section 6.03, below.
Party Walls. The following provisions shall apply with regards to Party Walls in this
development:
a.
General Rules of Law to Apply. Each wall which is built as a part ofthe original
construction of the homes upon the Properties and placed on the dividing line
between the Lots shall constitute a Party Wall, and, to the extent not inconsistent
with the provisions of this Section, the general rules of law regarding Party Walls
and liability for property damage due to negligence or willful acts or omissions
shall apply thereto.
b.
Sharing of Repair and Maintenance. The cost of reasonable repair and
maintenance of a Party Wall shall be shared equally by the Owners on each side
of the Party Wall.
c.
Destruction by Fire or Other Casualty. If a Party Wall is destroyed or damaged by
fire or other casualty, the owner on either side of it may restore it, and that other
owner shall contribute one-half of the cost of restoration, without prejudice
however, to the right of any such Owners to call for a larger contribution from the
15
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6.03
others under any rule of law regarding liability for negligence or willful acts or
omISSIOns.
d.
Weatherproofing. Notwithstanding any other provision of this Section, an
Owner, who by his negligent or willful act causes the Party Wall to be exposed to
the elements, shall bear the whole cost of furnishing the necessary protection
against such elements.
e.
Right to Contribution Runs with Land. The right of any Owner to contribution
from any other Owner under this Section shall be appurtenant to the land and shall
pass to such Owner's successor in title.
f.
Arbitration. If any dispute arises concerning a Party Wall, or under the provisions
of this Section, such dispute shall be resolved by the Association.
Easements. Each of the easements reserved or granted herein shall be deemed to be
established upon the recordation of this Declaration, whether or not they are set forth in
the grant deeds to Lots, and shall thenceforth be deemed to be covenants running with the
land for the use and benefit of the Owners and their Lots superior to all other
encumbrances applied against or in favor of any portion of the Project.
a.
Easements On Map. The Lots are subject to the easements and rights of way
shown onlhe Map.
b.
Additional Easements. Notwithstanding anything expressed or implied to the
contrary, this Declaration shall be subject to all easements granted by Declarant
for the installation and maintenance of utilities and drainage facilities necessary
for the development of the Project.
c.
Stonn Drains. There are reserved and granted for the benefits of each Lot, as
dominant tenement, over, under, across and through the Project, as the servient
tenement, non-exclusive easements for surface and sub-surface stonn drains and
the flow of stonn waters in accordance with natural drainage patterns and the
drainage patterns and improvements installed or constructed by Declarant.
d.
Party Fences. Each Owner of a Lot containing a party fence and the Lot upon
which such part fence is located shall have a reciprocal easement over and across
such portions of the contiguous Lot as is necessary to maintain such fence.
e.
Drivewav Easement. Each Owner shall have and enjoy a non-exclusive easement
and right to use the driveway shown on the Map for ingress and egress by vehicles
and pedestrians and to use the designated guest parking spaces for the specified
purpose of guest parking only and for a tenn not to exceed 72 hours. Each Owner
16
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shall have the right to install, maintain and replace as necessary utilities, pipes,
lines, wires, and conduits which serve that Owner's Lot; provided, however, each
owner shall repair and damage to the surface to the drive way resulting from the
Owner's installation or repair of such pipes, lines, wires or conduits. The rights
created by this section shall be appurtenant to the interest of the Owner in the Lot
and shall pass to successor Owners of the Lot.
6.04
Half-Plex Easements.
a.
Support. Settlement and Encroachment.
(1)
(2)
b.
c.
d.
- ..".
Structures. There is hereby reserved to Declarant, together with the right
to grant and transfer same, easements over each Lot for (i) support, the
accommodation of the natural settlement or shifting of any portion of the
improvements and for the maintenance thereof, and (ii) minor
encroachments by reason of any roof or eave overhang from a Unit and for
the maintenance of such roof or eave overhang by the Owner of the
dominant tenement for as long as such encroachment exists also applies to
the Unit within a half-Plex and for the Party Wall that separates the Units
of the half-Plex.
Common Roof and Common Foundation. There is hereby reserved to
Declarant, together with the right to grant and transfer same over each Lot,
an êasement for the support, settlement and encroachment of the Common
Roof and the common foundation that is within his Lot and neither Owner
who shares a Common Roof and common foundation shall use any portion
thereof with the use any portion thereof so as to interfere with the use and
enjoyment of the other Owner who shares the use thereof.
Drainage. There is hereby reserved to Declarant, together with the right to grant
and transfer same, an easement over the Common Roof of a Unit for surface
drainage which easement shall be appurtenant to the Unit within such half-Plex
receiving the benefit thereof.
Ingress and Egress. There is hereby reserved to Declarant, together with the right
to grant and transfer same, an easement over each Lot that contains a portion of a
half-Plex for reasonable ingress and egress for the repair and maintenance of the
Common Roof and half-Plex as set forth above, which easement shall be
appurtenant to and for the benefit of the contiguous Lot that shares the use of the
half-Plex.
Indemnity. Each Owner who acquires the easement rights described in the
Subsection entitled "Half-Plex Easement" (the "Benefitted Property Owner"), by
17
7.01
7.02
the acceptance of the conveyance of such Lot, agrees that he shall indemnify,
protect, defend and hold hannless the Owner of the contiguous Lot that shares the
half-Plex of such Owner (the Burdened Property Owner") from and against any
and all claims, obligation, expenses, liabilities or costs including but not limited to
attorneys' fees, for property damage or bodily injury, sickness, disability, disease,
or death of any person or persons arising directly or indirectly from the use of the
easements caused in whole or in part by Benefitted Property Owner, his
employees, contractors, or agents, except to the extent that such claim obligation,
expense, liability or cost arises out ofthe willful or negligent acts or omissions of
Burdened Property Owner. Each Burdened Property Owner of a Unit encumbered
by the easement right described in the Subsection entitled "Half-Plex Easements"
agrees to indemnify, protect, defend and hold harmless the Benefitted Property
Owner receiving the benefit of such easement, from any against any and all
claims, obligations, expense, liabilities and costs, including, but not limited to,
attorneys' fees, for property damage and bodily injury, sickness, disability,
disease or death of any person arising directly or indirectly from interference with
the Benefitted Property Owner, its employees, contractors or agents, except to the
extent such claim, obligation, expense, liability or cost arises out of the willful or
negligent act or omission of such Benefitted Property Owner.
SECTION 7: General Provisions
Term. The declarations, covenants, conditions, recitations, limitations, and easements of
this Declaration shall run with and bind with the Property, and shall insure to the benefit
of and be binding on the Owners of any Lots, their legal representatives, heirs, grantees,
tenants, successors and assigns, subject to this Declaration, for a term of 30 years from
the date this Declaration is recorded. Thereafter, subject to the Subsection below entitled,
"Amendment; Revocation", they shall be automatically extended for successive periods
of 10 years.
Notices. Notice provided for in this Declaration and the Guidelines shall be in writing
and shall be deemed sufficiently given when delivered personally or within seventy-two
(72) hours after deposit in the United States mail, postage prepaid, addressed to an owner
at the last address such Owner designates to the Association for delivery of notices, or in
the event of no such designation, at such Owner's last known address, or ifthere be none,
at the address of the Owner's Lot. Notices to the Association shall be addressed to the
address designated by the Association by written notice to all Owners.
18
- ..,.
7.03
7.04
7.05
7.06
7.07
Amendment: Revocation: Until conveyance of the first Lot, Declarant shall have the
unilateral right to amend or revoke this Declaration. After the first conveyance of a Lot,
this Declaration shall be
a.
amended only upon the written approval of the then record Owners of at least
sixty-six and two-thirds percent (66-2/3%) of the Lots, or
b.
revoked only upon the written approval of the then record Owners of at least
seventy-five percent (75%) of the Lots. If co-owners of a Lot are unable to agree
among themselves as to how their vote shall be cast in the manner addressed in
this Subsection, they shall forfeit the vote on the matter in question. If only one
Owner exercises the vote of a particular Lot, it shall be conclusively presumed for
all purposes that he was acting with the authority and consent of all other Owners
of the same Lot. An amendment or revocation shall be effective when it has
received the required percentage approval and has been recorded in the Office of
the Country Recorder.
Severability. Should any provision or portion ofthis Declaration be declared invalid or in
conflict with any law of the jurisdiction where this Project is located, the validity of all
other provisions and portions of this Declaration shall remain unaffected and in full force
and affect.
Headings. The headings used in this Declaration are for convenience only and are not to
be used to interprët the meaning of any of the provisions of this Declaration.
Right of Access and Completion of Construction. Declarant, its contractors and
subcontractors shall have the right to (i) obtain reasonable access over and across the
Project and/or do within any Lot owned by it whatever is reasonably necessary or
advisable in connection within the completion of the Project and (ii) erect, construct and
maintain within any Lot owned by it such structures as may be reasonably necessary for
the conduct of its business to complete the work, establish the Project as a residential
community and dispose ofthe Project in parcels by sale, lease or otherwise.
Enforcement. The Association or any Owner shall have the right to enforce compliance
with the Declaration in any manner provided by law or in bringing an action for damages,
an action to enjoin the violation or to specifically enforce the provisions ofthe
Declaration, and to enforce the collection of money for the maintenance and repair of the
Common Areas. In the event the Association or any Owner shall employ an attorney to
enforce the provisions of the Declaration against any Owner, the prevailing party shall be
entitled to reasonable attorneys' fees and costs in addition to any other amounts due as
provided for herein. All sums payable hereunder by an Owner shall bear interest at the
maximum rate pennitted by law from the due date, or if advanced or incurred be any
other Owner or Association pursuant to authorization contained in the Declaration. All
19
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enforcement powers of the Association or any Owner shall be cumulative. Failure by the
Association or any Owner to enforce any covenant or restriction herein contained shall in
no event be deemed a waiver of the right to do so thereafter.
7.08
The Declarant expressly names the City a Third Party Beneficiary of the benefits and
obligations created by this Declaration. The City therefore has the right, but not the duty,
to enter upon the Properties described in "Exhibit A", after reasonable notice to the
affected Owner(s) and after giving an opportunity for a hearing, to make or cause to be
made any repairs or engage in any maintenance necessary to abate any nuisances or
health hazards, or to remedy the violation of any condition of approval of Planned
Development Pennits PD 97-05 and PD 97-09 and where appropriate, to assess the parcel
Owners for any such repair and maintenance in accordance with the tenns and provisions
of this Declaration. The Owners agree to indemnify and hold the City free and hannless
of loss, cost damage, and liability on account of the failure of the City to exercise its
rights hereunder.
IN WITNESS WHEREOF, Declarant has executed this Declaration.
Dated: September -' 1999
1725 BUCKNALL PLACE LLC
By:
MARKO DUCHICH, Member
By:
ROBERT SCHAFER, Member
By:
JOV AN VIDOVIC, Member
C:\WPDATA\PAK\29937 rev1.PAK\wc
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CITY OF CAMPBELL
Community Development Department. Current Planning
Mr. Marko Duchich
875 Emory Avenue
Campbell, California 95008
July 13, 1999
RE:
Review of revised CC&Rs for 1725 Bucknall Road
Dear Mr. Duchich:
The Community Development Department and the City Attorney have completed review of the revised
draft of the CC&Rs you submitted and have found that the draft still does not adequately address the
requirements for the CC&Rs as indicated in the conditions of approval for the Planned Development
Permit under Resolution No. 9445. The following revisions should be made to thtC:C&Rs:
1. The CC&R's still do not include a mechanism for the formation of a homeowner's association to
ensure the long term maintenance of the buildings and properties (Condition No. 6A). Please
include this mechanism in the revisedCC&Rs.
2. It is not clear if the maintenance obligation of the Committee includes landscaping and driveways.
The maintenance obligation of the Committee should include the driveway of the detached unit
facing Bucknall Road and all front yard (including the detached unit facing Bucknall Road) and side
yard landscaping on the individual lots, in addition to the landscaping and driveway on Lot D for the
attached units. The landscaping between the garages of the attached units should also be included
as "commonly-maintained" landscaping.
3. Exhibits have not been attached to the CC&Rs for review that designate the common-maintained
landscape and driveway areas. Please include these exhibits to be attached for the City's review.
4. The architectural controls of the Architectural Control Committee should also address the
maintenance and repair responsibilities pertaining to the detached unit. The detached unit is not
considered a separate single-family residence, but a "detached" townhouse that is part of the PD
project. It should be made clear that the architectural controls of the front detached unit along
Bucknall Road be enforced by the homeowner's association/architectural control committee. The
owner of the detached unit should be bound to perform routine maintenance and repair of the
residence.
5. There are a number of spelling errors in the document. Please review and edit for such errors.
Please incorporate the above-referenced revisions at your soonest convenience in the CC&Rs and also
reference in a separate letter what revisions and additions have been made to satisfy the requests in this
letter and in the letter dated June 3, 1999 for approval of theCC&Rs.
70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2140 . FAX 408.866.838\ . TOO 408.866.2790
1725 Bucknall Road -- PD 98-01
Page 2
Should you have any questions regarding the above-referenced comments, please feel free to contact me
at the Community Development Department at (408) 866-2142.
Sinçerely,
{JÞ{'~.&uU~
Aki R. Irani
Planner I
cc:
Sharon Fierro, Senior Planner
Frank Mills, Senior Building Inspector
John Vidovich, Property Owner
Bob Shafer, Property Owner
Steve Arnold. Civil Engineer
Lynne Birch, Architect
File
2
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CITY OF CAMPBELL
Community Development Department. Current Planning
Mr. Marko Duchich
875 Emory A venue
Campbell, California 95008
June 3, 1999
RE:
Plan Check Review of plans for the 3-unit residential development at 1725Bucknall Road
Dear Mr. Duchich:
The Planning Division has completed review of your building plans and draft Covenants, Conditions
and Restrictions for the construction of the three (3) unit residential development at 1725 Bucknall
Road. Upon review of the draft CC&Rs and building plans, the Planning Division is unable to release
approval of the building permits until the following issues are addressed and resolved:
CC&R's
The draft CC&R's which you have submitted do not adequately address the requirements for CC&R's
as indicated in the conditions of approval for the Planned Development project (Resolution No. 9445).
The following additions/revisions should be made to tháX&Rs:
1. The CC&R's do not appear to include a mechanism for the fonnation of a homeowner's association
to ensure the long tenn maintenance of the buildings and properties (Condition No. 6A), and the
authority of the owners is not clearly deemed in the document. Please include this mechanism and
further clarification of the owners' authority in the revisecCC&Rs.
2. There is no provision that the garages in the units be maintained in such a way that they are
available for parking of vehicles at all times (Condition No. 6H). Please include this mechanism in
the revised CC&Rs.
3. Under Section 4.16.6, there is a provision for a maintenance fund; however, there is no express
assessment mechanism for the replenishment of the fund. The City Attorney requests that the
CC&Rs be revised to include a mechanism for the replenishment of this fund.
4. There appear to be some wording within the CC&Rs which do not pertain to this development (i.e.
Section 3.03 b (2). There are no tandem "guest parking" spaces within this development. Please
ensure that the revised CC&Rs include language that is only pertinent to this particular
development.
5. In conjunction with Section 8.08 of the CC&Rs, the City Attorney has advised that tbe Home
Owner's Association provide insurance coverage for the City of Campbell and indemnify the City
against any action arising out of any failure by the City to exercise its rights under this section.
70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2140 . FAX 408.866.8381 . TDD 408.866.2790
1725 Bucknall Road -- PD 98-01
Page 2
6. In the CC&Rs, it must be made clear that any architectural determinationslcontrols enforced by the
homeowner's association/architectural control committee are consistent with the approved
conditions of approval for the Planned Development Pemùt and will comply with all regulations as
required by the City of Campbell.
7. The draft CC&Rs refer to "Exhibit A"; however, no exhibits are attached. A plan should be attached
indicating the shared driveway easements and common areas to be maintained (i.e. common
landscape areas) that serves as the exhibit. The commonly maintained landscape areas should also
include the front yard of the detached unit alongBucknall Road.
8. It should be made clear that the architectural controls of the front detached unit along Bucknall Road
be enforced by the homeowner's association/architectural control committee. The owner of the
detached unit should also be bound to perfonn routine maintenance and repair of the residence.
9. There are a number of spelling errors in the document. Please review and edit for such errors.
Building Plans
10. Upon review of the grading and drainage plans, it appears that the existing fences surrounding the
project site are not on the property lines. It appears that the fence between the townhouse complex
to the west and the subject property is approximately three (3) feet onto the subject property and the
fence between the residential property to the east and the subject property is approximately two (2)
feet onto the adjacent property to the east. Please note that the site plan approved as part of the
Planned Development Pemùt for which you received approval by the City indicated clear open
space as setbacks between the proposed residential units and the property lines. If the existing
fences are not correctly on the property lines, such fences should be relocated on the property lines
so that the development may occur as approved. No building pemùts will be issued until this issue
is resolved.
II. The building plans do not indicate a detail for the recessed windows. Please submit details of the
recessed windows. The windows must be recessed a minimum of three (3) inches from the outer
wall of the building as required by the conditions of approval for the project.
12. The building plans do not indicate a detail for the columns and molding at the top and bottom of the
columns. Please indicate the materials to be used for these building elements and if such materials
are to be stuccoed to match the buildings. Details of all window and door trims should also be
included in the plans.
13. Please indicate the location of all utilities to be placed on site. Underground utility pads, meters and
backflow pre venters should not be located in highly visible areas unless they are adequately
screened (i.e. with the use of landscaping). Approved landscaped areas should not be compromised
due to the installation of these utilities.
14. Plans should indicate the commonly maintained areas, particularly the proposed commonly-
maintained landscaped areas.
15. The proposed revised colors for the rear building have been reviewed by Planning Staff and the
City's Architectural Advisor. The colors are determined to be too dark for the building. In addition,
the colored elevation does not accurately represent the proposed colors based upon the submitted
2
1725 Bucknall Road -- PD 98-01
Page 3
paint chips for the body and trim of the building. Please revise the color scheme for the rear
building using slightly lighter color tones than proposed.
16. The building plans have not incorporated the requirements of the conditions of approval to provide
supplemental design features to enhance and vary the appearance of the two (2) buildings. The
City's Architectural Advisor recommends that the following additional design features may be
added to accomplish this condition:
A. Addition of decorative tile accents on the building, particularly around the comer of the
buildings.
B. Provide a variation in the shape of windows (i.e. arch-top windows on top of some of the square
windows).
C. Addition of a different type of trim (i.e. a beltway trim with a stepped molding may add to the
Spanish-style architecture of the building).
Landscaping
17. The proposed landscaping plan should indicate those areas to be commonly-maintained.
18. In the conditions of approval, trees which have and/or will be removed from the site in conjunction
with the development require replacement trees to be planted on site in accordance with the City's
Water Efficient Landscape Guidelines (WELS). Based upon the tentative map that indicates the
trees to be removed, four (4) new 24-inch box trees shall be required to be planted on site in
addition to landscaping required for the development. These are not indicated on the landscape
plans.
19. The proposed landscaping on the landscape plans appears sparse for the size of the plants/shrubs to
be installed. Please indicate how many inches on center each plant/tree/shrub is to be planted.
20. The proposed trellis feature at the rear of the property does not appear to serve a particular function.
The island between the garages of the rear units should be landscaped with shrubs and trees to
provide softening of the driveway hardscape. Planning Staff is concerned that such a trellis feature
may compromise the amount of landscaping that may be planted in the island.
Please submit the above-referenced revisions for Planning Staff review at your soonest convenience so
that we may further process your building pennit application.
Should you have any questions regarding the above-referenced comments, please feel free to contact me
at the Community Development Department at (408) 866-2142.
Sincerely,
Ml~~{.
Planner I
3
1725 Bucknall Road -- PD 98-01
Page 4
cc:
Frank Mills, Interim Building Official
John Vidovich, Property Owner
Bob Shafer, Property Owner
Steve Arnold, Civil Engineer
Lynne Birch, Architect
File
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City of Campbell -- Community Development Department
70 N. First Stree~ Campbell. CA 95008
MEMO RAND ~1
To:
Harold Housley, Land Development Engineer
Chuck Gomez, Assistant Engineer
Date: May 24, 1999
From: ~~~r~ani t¿ ~ ..
Subject: Park Impact Fee Requirements
The Park In-Lieu Fee required of the three (3) unit townhouse project at 1725 Bucknall Road prior to
approval of the Final Parcel Map is $7,586.25. This fee is 75% of the required Park Impact Fee which
is $10,115. The remainder (25%) of the Park Impact Fee is $2,528.75 and will be due prior to
occupancy of the units. The Park Impact Fee is derived as follows:
3 units X 57,035:
Credit for existing Single-Family Home:
Park Impact Fee:
$21,105
--$10,990
$10,115
Park In-Lieu Fee (Due Prior to Final Map Approval):
Remainder of Park Impact Fee (25%):
(Due Prior to Occupancy of Units)
$7,586.25
$2,528.75
- . "or
£007651
Project TitleILocation (include county):
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CALIFORNIA DEPARTMENT OF FISH AND GAME'
CERTIFICATE OF FEE EXEMPTION"b HO\J - 2 PH \: 45
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stW~OR èOORT' ~
CO. DEPU1'i
g'I'
De Minimis Impact Finding
ZC 98-01, PD 98-01, PM 98-01
1725 Bucknall Road
Campbell, CA 95008
Santa Clara County
Project Description:
Project entails a Zone Change (ZC 98-01) from an R-l (Single-Family Residential) zone to a Planned
Development (PD) zone, a Planned Development Permit (PD 98-01) and a Tentative Parcel Map (PM 98-
01) to allow construction ofthree (3) new townhouse units. The Tentative Parcel Map was approved to
create 4 lots (3 residential lots and a common lot).
Findings of Exemption (attach as necessary):
The City Council granted a Negative Declaration based upon the findings in the initial study prepared for
this project which determined that no effects to wildlife or the environment will result from development of
this project.
Certification:
I hereby certify that the public agency has made the above finding and that the project will not individually
or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and
Game Code.
Signature: (jl!( '~<?-, C~((L/~('
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Title: IlAA/¡'./p¡2 or...
City of Campbell
Date: (éì{l f("-/~: '(- .Li£'¡1 L l<} /
NOV 0 2 199B
POSTED ON
'N THE OFF'CE OF T
STEPHEN
QY
DEC 0 1 1998
- THROUGH
E COUNTY CLERK
U TY CLERK
DEPUTY
-
MEMORANDUM
To:
From:
Date:
Subject:
Ordinance 1973 - Zone Change - 1725 Bucknall Road
At the regular meeting of October 20, 1998, the City Council adopted Ordinance No.
1973 approving a Zone Change (ZC 98-01) from R-1 (Single-family Residential) to PD
(Planned Development) for property located at 1725 Bucknall Road. A certified copy of
this Ordinance is attached for your records, together with a copy of the letter written to
the applicants.
The Ordinance will be published in the Campbell Express on October 28, 1998.
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CITY OF CAMPBELL
City Clerk's Office
October 22, 1998
Mr. Marko Duchich, Mr. John Vidovich and Mr. Bob Shafer
875 Emory Avenue
Campbell, CA 95008
Dear Mr. Duchich, Mr. Vidovich and Mr. Shafer:
At the regular meeting of October 20, 1998, the City Council adopted Ordinance No. 1973
approving a Zone Change (ZC 98-01) from R-1 (Single-Family Residential) to PD (planned
Development) for property located at 1725 Bucknall A venue. This Ordinance will become
effective 30 days from the date of adoption. Please find a certified copy of Ordinance 1973
enclosed for your records.
Should you have any questions in regard to the City Council's action, please do not hesitate to
contact this office (866-2117) or Aki Irani, Planner 1.
~
Anne Bybee
City Clerk
Enc.
cc. Aki Irani, Community Development Department
70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2117 . ;:AX 408.374.6889 . TOO 408.866.2790
ORDINANCE NO.
1973
BEING AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CAMPBELL AMENDING THE ZONING
MAP FOR PROPERTY LOCATED AT 1725
BUCKNALL ROAD, AS SHOWN ON THE ATTACHED
EXHIBIT A, APPLICATION OF MR. MARKO
DUCHICH, MR. JOHN VIDOVICH AND MR. BOB
SHAFER. FILE NO. ZC 98-01.
The City Council of the City of Campbell does ordain as follows:
SECTION ONE: That the Zoning Map of the City of Campbell is hereby changed and
amended by adopting the attached Exhibit A, entitled Map of Said Property, as per the
application of Mr. Marko Duchich, Mr. John Vidovich and Mr. Bob Shafer, for approval
ofa Zone Change for property located at 1725 Bucknall Road, from R-1-6 (Single Family
Residential) to PD (Planned Development).
SECTION TWO: This Ordinance shall become effective thirty (30) days following its
passage and adoption and shall be published once within fifteen (15) days upon passage
and adoption in the Campbell Express, a newspaper of general circulation in the City of
Campbell, County of Santa Clara, State of California.
PASSED AND ADOPTED this
following roll call vote:
20th
day of
October
, 1998, by the
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Conant, Furtado, Dougherty, Watson
Dean
None
None
APPROVED:
J
ATTEST: tL ~
Anne Bybee, City lerk
".'07.Ní IS '" TfllJ6.
Eaonla \NSíf\"'""'-~HE ORIGoIMAL
"'[\-IE fOR - -' coPY OF
AND f~~F\~:~:\\S OFfICê. ÇL.ERIl. Olí'l
01\1 BVBEE, CI'TY
Pi EST: ANNE CALIFoRI41A.
0 AMPeELL,. L
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PE IAL PRESENTATIONS AND PROCLAMATION
There were no Special Presentations and Proclamations.
COMMUNICATIONS AND PETITIONS
There were no Communications and Petitions.
CONSENT CALENDAR
Mayor Watson asked if any Councilmember or anyone in the audience wished to remove an
item from the Consent Calendar.
-
Councilmember Dougherty stated that he would be abstaining on Item 1 - Minutes of Regular
Meeting of October 6, 1998.
Councilmember Dean stated that he would be voting Noon Item 3 - Second Reading of
Ordinance 1973 Approving Zone Change for property located at 1725 Bucknall Road.
The Consent Calendar was considered as follows:
1.
Minutes of Regular Meeting of October 6, 1998
This action approves the Minutes of the Regular Meeting of October 6, 1998.
~
2.
Payment of Bills and Claims
This action approves the list of Bills and Claims for payment covering the period of
.September 29, 1998 through October 12, 1998, in the amount of $727,124.15.
3.
Ordinance 1973 Approving Zone Change (ZC 98-01) from R-l (Single-Family
Residential) to PD (planned Development) - 1725 Bucknall Avenue (Second
Reading/Roll Call Vote)
Ordinance 1973 approves a Zone Change (ZC 98-01) from R-l (Single Family
Residential) to PD (planned Development) for property located at 1725 Bucknall
A venue.
4.
. Commend Charlene Case upon Retirement for 38 Years of Service (ResolutionIRoll
Call Vote)
Resolution 9447 commends Charlene Case upon Retirement for 38 years of service to
the City of Campbell.
Minutes of 10/20/98 City Council Meeting
2
MEMORANDUM
Date:
Aki Irani, Planner I
Community Development Department
J a~¥í'emSley
Deìty City Clerk
October 7, 1998
RECEIVED
OCT 0 8 1998
CITY OF CAMPBELL
PLANNING DEPT.
To:
From:
Subject:
Zone Change, Planned Development Permit and Tentative Parcel Map
for property located at 1725 Bucknall Road
At the regular meeting of October 6, 1998, the City Council held a public hearing to
consider the application of Mr. Marko Duchich, Mr. John Vidovich, and Mr. Bob
Shafer for a Zone Change, Planner Development Permit and Tentative Parcel Map for
property located at 1725 Bucknall Road.
After due consideration, the City Council took the following action:
1. Granted a Negative Declaration for the proposed project;
2. Gave first reading to Ordinance 1973 approving a Zone Change (ZC 98-01) of the
property from R-1 (Single-family residential) to PD (Planned Development);
3. Adopted Resolution 9445 approving the Planned Development Permit, subject to the
Conditions of Approval, for property located at 1725 Bucknall Road; and
4. Adopted Resolution 9446 approving the Tentative Parcel Map, subject to the
Conditions of Approval, for property located at 1725 Bucknall Road.
Please find a certified copy of these Resolutions attached for your records, together
with a copy of the letter written to the applicants in follow up to the City Council's
action.
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CITY OF CAMPBELL
City Clerk's Office
October 7, 1998
Mr. Marko Duchich, Mr. John Vidovich and Mr. Bob Shafer
875 Emory Avenue
Campbell, CA 95008
Dear Mr. Duchich, Mr. Vidovich and Mr. Shafer:
At the regular meeting of October 6, 1998, the City Council held a public hearing to consider
your application for approval of a Zone Change, a Planned Development Permit, and a
Tentative Parcel Map to allow the construction of three residential units for property located at
1725 Bucknall Road.
After due discussion and consideration, the City Council took the following action:
1. Granted a Negative Declaration for the proposed project;
2. Introduced Ordinance No. 1973 approving a Zone Change of the property located at 1725
Bucknall Road from R-l (Single-family residential) to PD (planned Development). Second
reading of this Ordinance will be heard at the regular City Council meeting of October 20,
1998, and the Zone Change will become effective thirty days from that date. This office
will send you a certified copy of Ordinance 1973 after it has received second reading.
3. Adopted Resolution 9445 approving the Planned Development Permit (PD 98-01) for
property located at 1725 Bucknall Road, subject to the attached Conditions of Approval.
Please find a certified copy of this Resolution enclosed for your records.
4. Adopted Resolution 9446 approving the Tentative Parcel Map (pM 98-01) for property
located at 1725 Bucknall Road, subject to the attached Conditions of Approval. Please find
a certified copy of this Resolution enclosed for your records.
continued. . .
70 North First Street. Campbell, Ca1iforp;a 95008.1423 . TEL 408.866.2117 . FAX 408.374.6889 . TOO 408.866.2790
- ....
Page 2
Please do not hesitate to contact this office (866-2117) or AId Irani, Planner I, Community
Development Department, should you have any questions in regard to the City Council's
action.
Sincerely,
a~
City Clerk
Enc.
cc. AId Irani, Community Development Department
, ;
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RESOLUTION NO.
9445
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING A PLANNED DEVELOPMENT PERMIT
(PD 98-01) TO ALLOW THE CONSTRUCTION OF THREE
RESIDENTIAL UNITS ON PROPERTY LOCATED AT 1725
BUCKNALL ROAD IN A PD (pLANNED DEVELOPMENT)
ZONING DISTRlCT. APPLICATION OF MR. MARKO DUCHICH,
MR. JOHN VIDOVICH AND MR. BOB SHAFER. FILE NO. PD 98-
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 fmds as follows with respect
to application PD 98-01:
1. The proposed Planned Development Pennit is consistent with the Land Use Element of the
General Plan.
2. The proposed density of 8.89 units per gross acre is no greater than the density allowance of
14-20 units per gross acre as pennitted under the General Plan land use designation of
Medium Density Residential for the project site.
3. The proposed massing and design is consistent with other developments in the surrounding
area and is consistent with the development standards for residential uses.
4. The provision of a maintenance agreement and CC&Rs requiring the fonnation of a
homeowner's association is necessary to ensure the long tenn property maintenance and
continued architectural integrity of the project.
5. An initial study was prepared for this project and no significant environmental impacts were
~ .
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The proposed development and uses clearly will result in a more desirable environment and
use of the land than would be possible under any other zoning classification.
2. The development and uses will be compatible with the General Plan of the City and will aid
in the hannonious development of the immediate area.
- .....-
City Council Resolution
PD 98-01 - 1725 Buclmall Road - DuchichlVidovich/Shafer
Page 2
3. 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; and
4. The proposed development will not be detrimental to the health, safety or welfare of the
neighborhood or the City as a whole.
5. No substantial evidence has been presented which shows that the project, as currently
presented, and subject to the required conditions of approval, will have a significant adverse
impact on the environment.
6. No evidence has been presented which shows that the project will have a substantial impact
on plant or animal life.
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 Cali fomi a
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 Project: Approval is granted to construct a 3-unit townhouse development
consisting of one detached unit facing Buclmall Road and two attached units at the rear of the
property located at 1725 Buclmall Road. The building designs shall substantially confonn to
the project exhibits listed below, except as may be modified by the Conditions of Approval
herein:
A~ Site plan and conceptual landscape plan prepared by Lynne Birch, Architect, dated as
revised on August 17, 1998. .
B. Building elevations and floor plans prepared by Lynne Birch, Architect, dated as revised
on August 17, 1998.
C. Color/material board and colored elevations submitted by Lynne Birch, Architect.
D. Tentative Parcel Map prepared by Steve Arnold, Civil Engineer, dated as revised on
August 14, 1998.
- ..".
City Council Resolution
PD 98-01 - 1725 Bucknall Road - Duchich/Vidovich/Shafer
Page 3
2. Building Details and Colors:
A. The applicant shall provide an alternate color scheme (including colors for the body of
the building, trim and roof tiles) for one of the two buildings to encourage variation
within the project. The alternate color scheme shall be reviewed and approved by the
Community Development Director prior to issuance of building permits for the site and
shall be a color scheme which is compatible with the proposed building and surrounding
neighborhood.
B. The applicant shall provide supplemental design features (i.e. addition of decorative tiles
on the building) as an enhancement to vary the appearance between the detached and
attached units. The supplemental design features shall require review and approval by the
Community Development Director prior to installation.
C. The recessed windows shall be recessed a minimum depth of 3 inches from the outer wall
of the building to provide a sense of depth from the building.
3. Building Division Requirements: The following conditions are based upon occupancies most
closely resembling single-family residences (R-3) and private garages (V-I):
A. Provide one (1) hour protection for roof traming members within five (5) feet of the
property line (where framing is parallel) as a substitute for a parapet at the common
property line between the townhouses per UBC 709.4.1. No openings are permitted in
the roof in this area.
B. Provide a modified one (1) hour separation between residences and garages.
combustible penetrations permitted in these separations per UBC 302.4.
No
C. The applicant shall provide a copy of the conditions of approval for the project to be
printed on the cover sheet of the plans submitted for any building permits for the project.
D. Applicant shall comply with all Building Code requirements and obtain necessary permits
as determined by the City's Building Division.
4. Landscaping:
A. The applicant shall submit a landscape and irrigation plan to be reviewed and approved
by the Community Development Director prior to issuance of any building permits for
the site. The landscape and irrigation plans shall designate all landscaped areas to be
"commonly" maintained throughout the development.
- . ~
City Council Resolution
PD 98-01 - 1725 Buclmall Road - Duchich/VidovichlShafer
Page 4
B. Removal of any trees shall require replacement of trees on site in accordance with City's
Water Efficient Landscape Standards (WELS).
C. All landscaping installed as required per the approved landscape plan shall be maintained
in good health.
D. The minimum width of the planting area of the planter strip along the east side of the
property adjacent to the common driveway shall be two (2) feet.
5. Parking and Driveway: All parking and driveway areas shall be developed in compliance
with Chapter 21.50 of the Campbell Municipal Code.
6. Covenants, Codes and Restrictions (CC&Rs): The applicants shall be required to submit for
review and approval by the City Attorney, City Engineer and Community Development
Director a copy of the maintenance agreement and CC&Rs which shall include the following:
A. Formation of a home owner's association to ensure the long term maintenance of
buildings and properties.
B. Continued architectural controls to ensure the architectural integrity of the project.
C. Description and map illustrating "common" areas to be maintained.
D. Provision of maintenance for "common" landscaping within the project site by the
homeowner's association.
E. Provision for the long term property maintenance for the driveway, buildings and
common roofs to be repaired, repainted, and/or replaced as necessary.
F. Provision of a funding mechanism to ensure maintenance and upkeep of "common" areas
and shared building walls and roofs. .
G. Naming of the City as a third party beneficiary with the opportunity to lien properties for
, any breach of the maintenance agreement and CC&Rs.
H. Provision that the garages in the three units be maintained in such a way that they are
available for the parking of vehicles at all times.
7. Park Impact Fee: A park impact fee of $7,035 per unit for a total of $21,105 is due upon
development of the townhouse project. Credit in the amount of$10,990 will be given for the
existing single-family residence. Full payment of this fee is due prior to issuance of a
certificate of building occupancy.
8. Fences: The applicants shall install a low (maximum 3.5 feet in height) wrought-iron fence
with stucco pilasters capped with tile along the front property line of the project facing
Bucknall Road. Any newly proposed fencing shall comply with Section 21.59.090 of the
Campbell Municipal Code and shall be submitted for review and approval by the Community
Development Department.
- .....
City Council Resolution
PD 98-01 - 1725 Bucknall Road - Duchich/Vidovich/Shafer
Page 5
9. 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. Unifonn Fire Code).
10. Location of Mechanical Equipment: No mechanical equipment, i.e. air conditioning units,
shall be located within the common lot or within commonly maintained areas of the project
site.
11. Utility Boxes and Back-Flow Preventers: Applicant to submit a plan prior to installation of
PG&E utility (transfonner) boxes and San Jose Water Company back-flow preventers,
indicating the location of the boxes and screening (if the boxes are above ground) for
approval by the Planning Division.
12. Trash Disposal/Recycling: The applicant shall submit details regarding the design and
location of trash disposal/recycling facilities to the City for review and approval prior to
issuance of building pennits.
13. On-site lighting:
directed on site.
On-site lighting shall be shielded away from adjacent properties and
14. Garages: The developers shall add language to the CC&Rs which mandates that garages be
maintained at all times in such a way that they are available for the parking of automobiles.
CENTRAL FIRE DISTRICT:
15. Required Access to Water Supply ffiydrants): Portions of the structure(s) are greater than
1 ~O feet of travel distance from the centerline of the roadway containing public fire hydrants.
Provide an approved residential fire sprinkler system throughout all portions of the building
of Lot C.
PUBLIC WORKS DEPARTMENT:
16. Revision to Tentative Parcel Map: Prior to submittal of the Final Parcel Map for review, the
following shall be included on the Tentative Map:
. City of San Jose/City of Campbell City limit line
. Drainage pattern for lots and any lot to lot drainage easements needed.
. Removal of the P.S.E. designation on Parcel "D"
17. Final Parcel Map: Prior to issuance of any building pennits for the site, the applicant shall
submit a Final Parcel Map for recordation upon approval by the City. The current plan check
fee is $1,060 plus $25 per parcel.
- . ~
City Council Resolution
PD 98-01 - 1725 Bucknall Road - Duchich/Vidovich/Shafer
Page 6
18. Preliminary Title Report: Prior to recordation of the Final Parcel Map, the property owner
shall provide a current Preliminary Title Report.
19. Right-of-Way for Public Street Purposes: Prior to recordation of the Final Parcel Map, the
property owner shall grant 30 feet of right-of-way for public street purposes along the
Bucknall Road frontage. The acceptance of this right-of-way will require City Council
approval.
20. Easements: Prior to recordation of the Final Parcel Map, the property owner shall cause
easements to be recorded for private utilities, private stonn drains, reciprocal ingress and
egress, etc., as necessary.
21. Street Improvements: Prior to recordation of the Final Parcel Map, the applicant shall
execute a Street Improvement Agreement and shall cause plans for public street
improvements to be prepared by a registered civil engineer, pay fees, post security and
provide insurance necessary to obtain an encroachment pennit for construction of the
improvements, as required by the City Engineer. The plans shall include the following:
. New curb and gutter with curb face at 20 feet iTom centerline.
. New pavement to centerline of required right-of-way plus an additional distance of about
2 feet to 4 feet to confonn to existing pavement elevations based on a Traffic Index of 7.5
and an R value provided by a qualified soils engineer.
. New separated five foot sidewalk on the north side ofBucknall Road.
. One new public street light.
. Landscape and irrigation system for street trees and landscaping in the parkway.
. New traffic control signs and pavement strips on Bucknall Road as detennined by the
, City Engineer.
. All water meters and sewer clean-outs on private property.
22. City of San Jose Pennit: All utility connections to facilities located within the city limits of
San Jose will require a pennit from San Jose.
23. 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 comply with all plan submittals, pennitting, and fee requirements of the serving utility
company, and shall provide evidence from all utilities that the proposed development can be
served and that the public utility easements are adequate.
- . T
City Council Resolution
PD 98-01 - 1725 Bucknall Road - Ducmch/Vidovich/Shafer
Page 7
24. Utility Installation Plan: Prior to issuance of building pennits, the applicant shall submit a
Utility Installation Plan and Schedule for approval by the City Engineer for installation or
abandonment of all utilities and service connections. Streets which have been resurfaced
within the previous 5 years will require boring and jacking for all new utility installations and
will also require a pavement restoration plan for approval by the City Engineer prior to any
utility installation or abandonment.
25. Maintenance SecuritY: Prior to issuance of occupancy approval for the site, all public street
improvements required by the street improvement agreement and the encroachment pennit
must be completed and accepted by the City and the applicant must provide a one-year
Maintenance Security in an amount of25% of the Faithful Perfonnance Bond.
26. Grading and Drainage Plan: Prior to issuance of any grading or building pennits for the site,
the applicant shall conduct hydrology studies based on a 10 year stonn frequency, prepare an
engineered Grading and Drainage Plan, and pay fees required to obtain necessary grading
pennits. The plans shall comply with the 1994 edition of the UBC including Chapters 18,
33, and Appendix Chapter 33.
27. Stonn Drain Area Fee: Prior to issuance of any grading, drainage, or building pennits for the
site, the applicant shall pay the required Stonn Drain Area fee. The current fee is $ 2,000 per
acre or $ 464.00.
28. National Pollution Discharge Elimination System: The applicant shall comply with the Santa
Clara Yalley Water District (SCYWD) Best Management Practices and Title 14 of the
Campbell Municipal Code concerning stonn water pollution prevention.
29. Demolition: Prior to recordation of the Parcel Map, the applicant shall obtain a demolition
pennit from the Building Division and remove all structures that would be in violation of the
Municipal Code if the Parcel Map were recorded prior to removal of the structures.
_. ..".
City Council Resolution
PD 98-01 - 1725 Bucknall Road - DuchichNidovich/Shafer
Page 8
PASSED AND ADOPTED this 6th day of October, 1998, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Conant, Furtado, Watson
Dean
Dougherty
None
APPROVED:
~~~ J
ATTEST:
- . ",..
-
RESOLUTION NO.
9446
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL, APPROVING A TENT A TIVE PARCEL MAP TO
ALLOW THE CREATION OF THREE RESIDENTIAL LOTS AND A
COMMON LOT AND AUTHORIZING THE CITY CLERK TO
ACCEPT DEDICATION OF RIGHT-OF-WAY FOR PUBLIC STREET
PURPOSES ON PROPERTY LOCATED AT 1725 BUCKNALL ROAD
IN A PD (pLANNED DEVELOPMENT) ZONING DISTRICT.
APPLICATION OF MR. MARKO DUCHICH, MR. JOHN VIDOVICH
AND MR. BOB SHAFER. FILE NO. PM 98-01.
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 did find as follows with
respect to application PM 98-01:
1. The proposed subdivision density of 8.89 units per gross acre is no greater than the density
allowance of 14-20 units per gross acre pennitted in the Medium Density Residential land
use shown on the Land Use Element of the General Plan.
2. An initial study was prepared for this project and no significant environmental impacts were
found.
3. The provision of a maintenance agreement and CC&Rs requiring the fonnation of a
homeowner's association is necessary to ensure the long tenD property maintenance and
continued architectural integrity of the project.
4. Dedication for public street purposes is necessary to provide for and promote the orderly
devel9pment of the project.
5. The City Clerk is authorized to accept the required dedication for public street purposes.
Based upon the foregoing findings of fact, the Planning Commission further fmds and concludes
that:
1. The proposed subdivision is consistent with the General Plan. .
2. The proposed subdivision does not impair the balance between the housing needs of the
region and the public service needs of its residents and available fiscal and environmental
resources.
- . T' .
City Council Resolution
PM 98-01 - 1725 Bucknall Road - Duchich/Vidovich/Shafer
Page 2
3. No substantial evidence has been presented which shows that the project, as currently
presented, and subject to the required conditions, will have a significant adverse impact on
the environment.
4. No evidence has been presented which shows that the project will have a substantial impact
on plant or animal life.
The applicant is hereby notified, as part of this application, that he/she is required to meet the
following conditions in accordance with the ordinance of the City of Campbell and the State of
California. The lead department with which the applicant will work is identified on each
condition where necessary. 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:
COMMUNITY DEVELOPMENT DEPARTMENT
1. Approved Project: Approval is granted for a Tentative Parcel Map allowing the creation of
three (3) residential lots and a common lot for the development of a townhouse project on
property located at 1725 Bucknall Road. The map shall substantially confonn to the map
prepared by Steven Arnold, Civil Engineer, dated as revised on August 14, 1998, except as
may be modified by the Conditions of Approval herein.
2. Propertv Maintenance: The property shall be maintained ftee of any combustible trash, debris
and weeds, until the time that actual construction commences. All existing structures on the
property shall be secured by having windows boarded up and doors sealed shut, or be
demolished or removed from the property.
3. Park In-Lieu Fee: Applicant to pay a fee in-lieu of park dedication prior to recordation of the
final subdivision map.
4. Park Impact Fee: Applicant shall be advised that a park impact fee is required in addition to
the Park In-Lieu Fee prior to occupancy of any of the townhouse units. Credit shall be given
for the existing single-family residence on the property.
5. Tree Protection/Replacement Plan: Applicant to submit a tree protection plan for approval
by the Community Development Director addressing retention of existing trees and
replacement of removed trees consistent with the Water Efficient Landscaping Standards
(WELS) prior to issuance of building pennits.
-- . 'T' ."
.~
City Council Resolution
PM 98-01 - 1725 Bucknall Road - Duchich/Vidovich/Shafer
Page 3
6. Covenants. Codes and Restrictions (CC&Rs): The applicant shall be required to submit for
review and approval by the City Attorney, City Engineer and Community Development
Director prior to recordation of the final parcel map a copy of the CC&Rs which includes the
following.
A. Formation of a home owner's association to ensure the long tenD maintenance of
buildings and properties.
B. Continued architectural controls to ensure the architectural integrity of the project.
C. Description and map illustrating "common" areas to be maintained.
D. Provision of maintenance for "common" landscaping within the project site by the
homeowner's association.
E. Provision for the long tenD property maintenance for the driveway, buildings and
common roofs to be repaired, repainted, and/or replaced as necessary.
F. Provision of a funding mechanism to ensure maintenance and upkeep of "common" areas
and shared building walls and roofs.
G. Naming of the City as a third party beneficiary with the opportunity to lien properties for
any breach of the maintenance agreement and CC&Rs.
H. Provision that the garages in the three units be maintained in such a way that they are
available for the parking of vehicles at all times.
PUBLIC WORKS DEPARTMENT:
7. Revision to Tentative Parcel Map: Prior to submittal of the Final Parcel Map for review, the
following shall be included on the Tentative Map:
. City of San Jose/City of Campbell City limit line
. Drainage pattern for lots and any lot to lot drainage easements needed.
. R,emoval of the P.S.E. designation on Parcel "D"
8. Final Parcel Map: Prior to issuance of any building permits for the site, the applicant shall
submit a Final Parcel Map for recordation upon approval by the City. The current plan check
fee is $1,060 plus $25 per parcel.
9. Preliminary Title Report: Prior to recordation of the Final Parcel Map, the property owner
shall provide a current Preliminary Title Report. .
10. Right-of- W av for Public Street Purposes: Prior to recordation of the Final Parcel Map, the
property owner shall grant 30 feet of right-of-way for public street purposes along the
Bucknall Road frontage. The acceptance of this right-of-way will require City Council
approval.
- ~ 'T
City Council Resolution
PM 98-01 - 1725 Bucknall Road - Duchich/Vidovich/Shafer
Page 4
11. Easements: Prior to recordation of the Final Parcel Map, the property owner shall cause
easements to be recorded for private utilities, private stonn drains, reciprocal ingress and
egress, etc., as necessary.
12. Street Improvements: Prior to recordation of the Final Parcel Map, the applicant shall
execute a Street Improvement Agreement and shall cause plans for public street
improvements to be prepared by a registered civil engineer, pay fees, post security and
provide insurance necessary to obtain an encroachment pennit for construction of the
improvements, as required by the City Engineer. The plans shall include the following:
. New curb and gutter with curb face at 20 feet from centerline.
. New pavement to centerline of required right-of-way plus an additional distance of about
2 feet to 4 feet to confonn to existing pavement elevations based on a Traffic Index of 7.5
and an R value provided by a qualified soils engineer.
. New separated five foot sidewalk on the north side ofBucknall Road.
. One new public street light.
. Landscape and irrigation system for street trees and landscaping in the parkway.
. New traffic control signs and pavement strips on Bucknall Road as determined by the
City Engineer.
. All water meters and sewer clean-outs on private property.
13. City of San Jose Pennit: All utility connections to facilities located within the city limits of
San Jose will require a pennit from San Jose.
14. 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 comply with all plan submittals, pennitting, and fee requirements of the serving utility
company, and shall provide evidence from all utilities that the proposed development can be
served and that the public utility easements are adequate.
15. Utility Installation Plan: Prior to issuance of building pennits, the applicant shall submit a
Utility Installation Plan and Schedule for approval by the City Engineer for installation or
abandonment of all utilities and service connections. Streets which have been resurfaced
within the previous 5 years will require boring and jacking for all new utility installations and
will also require a pavement restoration plan for approval by the City Engineer prior to any
utility installation or abandonment.
16. Maintenance Security: Prior to issuance of occupancy approval for the site, all public street
improvements required by the street improvement agreement and the encroachment pennit
must be completed and accepted by the City and the applicant must provide a one-year
Maintenance Security in an amount of25% of the Faithful Perfonnance Bond.
- ~'T
City Council Resolution
PM 98-01 - 1725 Bucknall Road - DuchichNidovich/Shafer
Page 5
17. Grading and Drainage Plan: Prior to issuance of any grading or building pennits for the site,
the applicant shall conduct hydrology studies based on a 10 year stonn frequency, prepare an
engineered Grading and Drainage Plan, and pay fees required to obtain necessary grading
pennits. The plans shall comply with the 1994 edition of the UBC including Chapters 18,
33, and Appendix Chapter 33.
18. Stonn Drain Area Fee: Prior to issuance of any grading, drainage, or building pennits for the
site, the applicant shall pay the required Stonn Drain Area fee. The current fee is $ 2,000 per
acre or $ 464.00.
19. National Pollution Discharge Elimination System: The applicant shall comply with the Santa
Clara Yalley Water District (SCYWD) Best Management Practices and Title 14 of the
Campbell Municipal Code concerning stonn water pollution prevention.
20. Demolition: Prior to recordation of the Parcel Map, the applicant shall obtain a demolition
pennit from the Building Division and remove all structures that would be in violation of the
Municipal Code if the Parcel Map were recorded prior to removal of the structures.
CENTRAL FIRE DISTRICT:
21. Required Access to Water Supply ffiydrants): Portions of the structure(s) are greater than
150 feet of travel distance from the centerline of the roadway containing public fire hydrants.
Provide an approved residential fire sprinkler system throughout all portions of the building
of Lot C.
PASSED AND ADOPTED this 6th day of
vote:
October
, 1998, by the following roll call
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Conant, Furtado, Watson
Dean
Dougherty
None
ATTEST:
APPROVED:
-nœ FOREGO!NG INSTRUMENT IS A TRUE
"Nt) CORRECT COpy OF THE ORIGINAL
0111 FILE IN THIS OFfiCE.
- .-.,.-
AYES
Councilmembers: Conant, Dean, Watson
NOES
: Councilmembers: Furtado
ABSENT: Councilmembers: Dougherty
QM..L REOUESTS
There were no Oral Requests.
PUBLIC HEARINGS AND INTRODUCTI
18.
Application of Marko Ducbich, John Vidovich, and Bob Shafer for approval of a
Zone Change (ZC 98-01) from R-l (Single-Family Residential) to PD (planned
Development); a Planned Development Permit (PD 98-01); and a Parcel Map (pM
98-01) to develop three residential units on property located at 1725 Bucknall Road
in an R-1-6 (Single Family Residential) Zoning District (Introduction of
Ordinance/Resolutions/Roll Call Vote)
This is the time and place for a public hearing to consider the application of Marko
Duchich, John Vidovich, and Bob Shafer for approval of a Zone Change (ZC 98-01)
from R-l (Single-Family Residential) to PD (planned Development); a Planned
Development Permit (pD 98-01); and a Parcel Map (pM 98-01) to develop three
residential units on property located at 1725 Bucknall Road in an R-I-6 (Single Family
Residential) Zoning District.
Planner I Irani - Staff Report dated October 6, 1998.
. Mayor Watson declared the public hearing open and asked if anyone in the audience
wished to be heard.
Neil Snyder, 4504 Bucknall Road, San Jose, appeared before the City Council and
expressed concerns regarding the volume and speed of traffic in the area:-
Mary Carson, 4548 Bucknall Road, San Jose, appeared before the City Council and
expressed concerns regarding traffic.
Lynn Birch, Architect, appeared before the City Council and spoke in support of the
project.
There being no one wishing to speak, Mayor Watson closed the public hearing.
Discussion followed regarding the need to address traffic issues with the County and
City of San Jose, and the possibility of increasing police traffic enforcement.
Minutes of 10/6/98 City Council Meeting
6
MIS: Conant/Furtado - that the City Council grant a Negative Declaration for the
proposed project; introduce Ordinance 1973 approving a Zone Change (ZC 98-01)
from R-l (Single Family Residential) to Planned Development (PD) for fIrst
reading; adopt Resolution 9445 approving a Planned Development Permit to allow
the construction of three residential units on property located at 1725 Bucknall
Road in a PD (planned Development) Zoning District, subject to Conditions of
Approval; and adopt Resolution 9446 approving a Tentative Parcel Map to allow
the creation of three residential lots and a common lot and authorizing the City
Clerk to accept dedication of right-of-way for public street purposes on property
located at 1725 Bucknall Road, subject to Conditions of Approval. Motion
adopted by the following roll call vote:
AYES
: Councilmembers: Conant, Furtado, Watson
NOES
: Councilmembers: Dean
ABSENT: Councilmembers: Dougherty
The City Clerk read the title of Ordinance 1973.
MIS: Conant/Furtado - that further reading of Ordinance No. 1973 be waived.
Motion adopted by the following roll call vote:
AYES
: Councilmembers: Conant, Furtado, Watson
NOES
: Councilmembers: Dean
ABSENT: Councilmembers: Dougherty
UNFINISHED BUSINESS
.
There were no agendized items.
NEW BUSINESS
There were no agendized items.
COUNCIL COMMITTEE REPORTS
19.
City Councilmember Reports
--Councilmember Dean reported on the Joint Venture 2010 briefmg.
--Vice Mayor Furtado reported on the Joint Venture 2010 briefmg.
Minutes of 10/6/98 City Council Meeting
7
- -.,.. ,.'
City 01 Campbell
City
C au ncil
Report
ITEM NO:
CATEGORY:
MEETING DATE:
Public Hearing
October 6, 1998
TITLE
Application of Mr. Marko Duchich, Mr. John Vidovich, and Mr. Bob Shafer for approvals of a
Zone Change (ZC 98-0 I) from an R-l (Single-Family Residential) zoning district to a Planned
Development (PD) zoning district, a Planned Development Permit (PD 98-01) and a Tentative
Parcel Map (PM 98-01) to allow the construction of three (3) residential units - 1725 Bucknall
Road.
RECOMMENDA TION
The Planning Commission recommends that the City Council take the following:
1. Grant a Negative Declaration for the proposed project; and
2. Take first reading of the attached ordinance approving a Zone Change (ZC 98-01) of the
property from R-l (Single-family residential) to PD (Planned Development); and
3. Adopt a Resolution incorporating the attached findings and approving the Planned
Development Permit, PD 98-01, subject to the attached conditions of approval; and
4. Adopt a Resolution incorporating the attached findings and approving the Tentative Parcel
Map, subject to the attached conditions of approval.
ENVIRONMENTAL DETERMINATION
The City prepared an Initial Study for this project and it was determined that no significant
impacts would be created as a result of the project. Based upon the information provided in the
Initial Study, the Planning Commission recommends that the City Council grant a Negative
Declaration for this project.
BACKGROUND
The applicants are requesting approval of a Zone Change (ZC 98-01) from an R-l zoning district
to a PD zoning district; a Planned Development Permit (PD 98-01) and a Tentative Parcel Map
(PM 98-01) to allow the development of three residential units and a common lot on property
located at 1725 Bucknall Road.
The Planning Commission forwarded a recommendation to the City Council at its meeting of
September 8, 1998, to approve the project with the attached conditions of approval. The
Planning Commission added a condition that requires the garages for the three units be
maintained available for parking at all times. The site is currently developed with a single-family
residence and a detached garage. These existing structures will all be removed in conjunction
with the development of this project.
ANALYSIS
General Plan Designation: The General Plan designation for the site is Medium Density
Residential, which allows a maximum density range of 14-20 units per gross acre. The proposed
project will be developed at a density of 8.9 units per gross acres, which is below the maximum
density range allowed for the site. Therefore, the project is consistent with the General Plan.
- ..,.
City Council Report - October 6, 1998
ZC 98-01/PD 98-01/PM 98-01
Page 2
Zoning Change: The subject site is currently zoned R-I-6 (Single-Family Residential, minimum
6,000 square foot lot size). The applicant is requesting a Zone Change to a Planned Development
(PD) zone to allow the development of the townhouse units.
Planned Development Permit: The Planned Development Permit will allow the construction of
three (3) townhouse units in the form of one (1) small-lot detached residential unit facing
Bucknall Road and two (2) attached residential units at the rear of the property. The site plan
indicates a 12-foot wide common driveway on the east side of the property for the attached rear
units, a driveway on the west side of the property for the detached unit facing Bucknall Road, a
total of 12 parking spaces for the project which includes 2 covered parking spaces and 2
uncovered parking spaces for each unit, and common landscape areas in the front yard and side
yards of each property. The design of the townhomes are two-story contemporary Mediterranean,
and will each have 4 bedrooms, 2 Yz baths, and a two-car garage.
Tentative Parcel Map: The proposed tentative parcel map will subdivide the property into three
(3) residential lots and a common lot. The applicant will be recording a maintenance agreement
and CC&Rs on the project in conjunction with the recordation of the final parcel map to ensure
continued long term maintenance of the project site and common areas. The Planning
Commission forwarded a recommendation to the City Council that the maintenance agreement
and CC&Rs be reviewed and approved by the City Attorney, Community Development Director,
and City Engineer prior to recordation of the final parcel map, and that provisions be included
requiring the formation of a homeowners association, continued architectural controls, continued
availability of parking within the garages and maintenance of the buildings and common areas.
The Planning Commission also recommends that the City Council review and approve the
proposed public street dedications at this time to expedite the processing of the final parcel map
by authorizing the City Clerk to accept the required public street dedications and public utility
easements as necessary for the development prior to recordation of the final parcel map.
ALTERN A TIVES
1. Approve the proposed project subject to additional and/or modified Conditions of Approval.
2. Deny the proposed project.
3. Continue for further review.
FISCAL IMPACTS
None
Attachments:
1. Draft City Council Ordinance approving Zone Change (ZC 98-01)
2. Draft City Council Resolution approving PD 98-01
3. Draft City Council Resolution approving PM 98-01
4. Planning Commission Resolutions 3174, 3175, and 3176.
5. Planning Commission Meeting Minutes of September 8, 1998
- ..,..
City Council Report - October 6, 1998
ZC 98-0l/PD 98-0l/PM 98-01
Page 3
6. Staff Report for Planning Commission Meeting of September 8, 1998
7. Exhibits
8. Location Map
Aki Irani,
"
Prepared by:
Reviewed by:
Approved by:
Bernard Strojny, City Manager
o\,'CA...tt
.:0.' Þ,d.
~ ~
.... t""
U ^f t"'"
-^--~~_.
CITY OF CAMPBELL
Community Development Department. Current Planning
September 14, 1998
Mr. Marko Duchich/Mr. John Vidovich/Mr. Bob Shafer
875 Emory Avenue
Campbell, CA 95008
Re:
ZC 98-01/PD 98-01/PM 98-01-1725 Bucknall Road
Dear Applicants:
Please be advised that the Planning Commission, at its meeting of September 8, 1998,
adopted the following Resolutions:
1. Resolution No. 3174 recommending approval ofa Zone Change (ZC 98-01) from R-1
(Single Family Residential) to PD (Planned Development);
2. Resolution No. 3175 recommending approval of a Planned Development Pennit (PD
98-01) to allow the construction of three townhomes; and
3, Resolution No. 3176 recommending approval ofa Tentative Parcel Map (PM 98-01)
to allow the creation of three residential lots on the above referenced property,
This project will be considered by the City Council at its meeting of October 6, 1998, for
approval. If you have any questions, please do not hesitate to contact me at (408) 866-
2140.
Sincerely,
~'L¡(. ~
Aki Irani
Planner I
70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2140 . FAX 408.866.8381 . TDD 408.866.2790
- . T
RESOLUTION NO. 3174
BEING A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CAMPBELL RECOMMENDING
APPROVAL OF A ZONE CHANGE FROM R-l (SINGLE
FAMILY RESIDENTIAL) TO PD (PLANNED
DEVELOPMENT) FOR PROPERTY LOCATED AT 1725
BUCKNALL ROAD AS SHOWN ON THE ATTACHED
EXHIBIT A. APPLICATION OF MR. MARKO DUCHICH,
MR. JOHN VIDOVICH AND MR. BOB SHAFER. FILE NO.
ZC 98-01.
After notification and public hearing, as specified by law on the proposed amendment to
the Zoning Map of the City of Campbell, and after presentation by the Community
Development Director, proponents and opponents, the Planning Commission did
determine that the change as shown in the attached Exhibit A, entitle Map of Said
Property, should be made to the Zoning Map based upon the following findings:
1. The proposed project will be developed at a density of 8.89 units per gross acre,
which is less than the maximum density allowance for the project site under the
General Plan designation of Medium Density Residential (14-20 units per gross acre).
2. The proposed Zone Change is consistent with the General Plan.
3. The proposed Planned Development (PD) zoning will permit greater flexibility in the
arrangement of the buildings on the site to promote development of a project which is
consistent and compatible with the character of the surrounding neighborhood.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The proposed development and uses clearly will result in a more desirable
environment and use of the land than would be possible under any other zoning
classification.
2. The development and uses will be compatible with the General Plan of the City and
will aid in the harmonious development of the immediate area.
3. No substantial evidence has been presented which shows that the project, as currently
presented, and subject to the required conditions of approval, will have a significant
adverse impact on the environment.
4. No evidence has been presented which shows that the project will have a substantial
impact on plant or animal life.
- "'-
Planning Commission Resolution No. 3174
ZC 98-01 - 1725 Bucknll Road - Duchich/Vidovich/Shafer
Page 2
The Planning Commission of the City of Campbell recommends that the City Council
enact the attached Ordinance making effective the recommended changes to the Zoning
Map.
PASSED AND ADOPTED this 8th day of September, 1998, by the following roll call
vote:
AYES:
COMMISSIONERS: Francois, Gibbons, Jones, Kearns, Lindstrom,
Lowe, Meyer-Kennedy
COMMISSIONERS: None
COMMISSIONERS: None
COMMISSIONERS: None
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Dennis Lowe, Chair
ATTEST:
Steve Piasecki, Secretary
- '.or-
RESOLUTION NO. 3175
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A
PLANNED DEVELOPMENT PERMIT (PD 98-01) TO ALLOW THE
CONSTRUCTION OF THREE RESIDENTIAL UNITS ON
PROPERTY LOCATED AT 1725 BUCKNALL ROAD IN A PD
(PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION
OF MR. MARKO DUCHICH, MR. JOHN VIDOVICH AND MR. BOB
SHAFER. FILE NO. PD 98-01.
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 Planning Commission finds as follows
with respect to application PD 98-01:
1. The proposed Planned Development Permit is consistent with the Land Use Element of the
General Plan.
2. The proposed density of 8.89 units per gross acre is no greater than the density allowance of
14-20 units per gross acre as permitted under the General Plan land use designation of
Medium Density Residential for the project site.
3. The proposed massing and design is consistent with other developments in the surrounding
area and is consistent with the development standards for residential uses.
4. The provision of a maintenance agreement and CC&Rs requiring the formation of a
homeowner's association is necessary to ensure the long term property maintenance and
continued architectural integrity of the project.
5. An initial study was prepared for this project and no significant environmental impacts were
found.
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The proposed development and uses clearly will result in a more desirable environment and
use of the land than would be possible under any other zoning classification.
2. The development and uses will be compatible with the General Plan of the City and will aid
in the harmonious development of the immediate area.
_. . 'T'
Planning Commission Resolution No. 3175
PD 98-01 - 1725 Bucknall Road - Duchich/Vidovich/Shafer
Page 2
3. 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; and
4. The proposed development will not be detrimental to the health, safety or welfare of the
neighborhood or the City as a whole.
5. No substantial evidence has been presented which shows that the project, as currently
presented, and subject to the required conditions of approval, will have a significant adverse
impact on the environment.
6. No evidence has been presented which shows that the project will have a substantial impact
on plant or animal life.
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 Project: Approval is granted to construct a 3-unit townhouse development
consisting of one detached unit facing Bucknall Road and two attached units at the rear of the
property located at 1725 Bucknall Road. The building designs shall substantially conform to
the project exhibits listed below, except as may be modified by the Conditions of Approval
herein:
A. Site plan and conceptual landscape plan prepared by Lynne Birch, Architect, dated as
revised on August 17, 1998.
B. Building elevations and floor plans prepared by Lynne Birch, Architect, dated as revised
on August 17, 1998.
C. Color/material board and colored elevations submitted by Lynne Birch, Architect.
D. Tentative Parcel Map prepared by Steve Arnold, Civil Engineer, dated as revised on
August 14, 1998.
- . T
Planning Commission Resolution No. 3175
PD 98-01 - 1725 Bucknall Road - Duchich/Vidovich/Shafer
Page 3
2. Building Details and Colors:
A. The applicant shall provide an alternate color scheme (including colors for the body of
the building, trim and roof tiles) for one of the two buildings to encourage variation
within the project. The alternate color scheme shall be reviewed and approved by the
Community Development Director prior to issuance of building pennits for the site and
shall be a color scheme which is compatible with the proposed building and surrounding
neighborhood.
B. The applicant shall provide supplemental design features (i.e. addition of decorative tiles
on the building) as an enhancement to vary the appearance between the detached and
attached units. The supplemental design features shall require review and approval by the
Community Development Director prior to installation.
C. The recessed windows shall be recessed a minimum depth of 3 inches from the outer wall
of the building to provide a sense of depth from the building.
3. Building Division Requirements: The following conditions are based upon occupancies most
closely resembling single-family residences (R-3) and private garages (V-I):
A. Provide one (1) hour protection for roof framing members within five (5) feet of the
property line (where framing is parallel) as a substitute for a parapet at the common
property line between the townhouses per UBC 709.4.1. No openings are pennitted in
the roof in this area.
B. Provide a modified one (1) hour separation between residences and garages.
combustible penetrations pennitted in these separations per UBC 302.4.
No
C. The applicant shall provide a copy of the conditions of approval for the project to be
printed on the cover sheet of the plans submitted for any building pennits for the project.
D. Applicant shall comply with all Building Code requirements and obtain necessary pennits
as detennined by the City's Building Division.
4. Landscaping:
A. The applicant shall submit a landscape and irrigation plan to be reviewed and approved
by the Community Development Director prior to issuance of any building pennits for
the site. The landscape and irrigation plans shall designate all landscaped areas to be
"commonly" maintained throughout the development.
-. T
~
Planning Commission Resolution No. 3175
PD 98-01 - 1725 Bucknall Road - Duchich/Vidovich/Shafer
Page 4
B. Removal of any trees shall require replacement of trees on site in accordance with City's
Water Efficient Landscape Standards (WELS).
C. All landscaping installed as required per the approved landscape plan shall be maintained
in good health.
D. The minimum width of the planting area of the planter strip along the east side of the
property adjacent to the common driveway shall be two (2) feet.
5. Parking and Driveway: All parking and driveway areas shall be developed in compliance
with Chapter 21.50 of the Campbell Municipal Code.
6. Covenants. Codes and Restrictions (CC&Rs): The applicants shall be required to submit for
review and approval by the City Attorney, City Engineer and Community Development
Director a copy of the maintenance agreement and CC&Rs which shall include the following:
A. Fonnation of a home owner's association to ensure the long tenn maintenance of
buildings and properties.
B. Continued architectural controls to ensure the architectural integrity of the project.
C. Description and map illustrating "common" areas to be maintained.
D. Provision of maintenance for "common" landscaping within the project site by the
homeowner's association.
E. Provision for the long tenn property maintenance for the driveway, buildings and
common roofs to be repaired, repainted, and/or replaced as necessary.
F. Provision of a funding mechanism to ensure maintenance and upkeep of "common" areas
and shared building walls and roofs.
G. Naming of the City as a third party beneficiary with the opportunity to lien properties for
any breach of the maintenance agreement and CC&Rs.
H. Provision that the garages in the three units be maintained in such a way that they are
available for the parking of vehicles at all times.
7. Park Impact Fee: A park impact fee of $7,035 per unit for a total of $21,105 is due upon
development of the townhouse project. Credit in the amount of $10,990 will be given for the
existing single-family residence. Full payment of this fee is due prior to issuance of a
certificate of building occupancy.
- "T
Planning Commission Resolution No. 3175
PD 98-01 - 1725 Bucknall Road - Duchich/Vidovich/Shafer
Page 5
8. Fences: The applicants shall install a low (maximum 3.5 feet in height) wrought-iron fence
with stucco pilasters capped with tile along the front property line of the project facing
Bucknall Road. Any newly proposed fencing shall comply with Section 21.59.090 of the
Campbell Municipal Code and shall be submitted for review and approval by the Community
Development Department.
9. 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. Unifonn Fire Code).
10. Location of Mechanical Equipment: No mechanical equipment, i.e. air conditioning units,
shall be located within the common lot or within commonly maintained areas of the project
site.
11. Utility Boxes and Back-Flow Preventers: Applicant to submit a plan prior to installation of
PG&E utility (transfonner) boxes and San Jose Water Company back-flow preventers,
indicating the location of the boxes and screening (if the boxes are above ground) for
approval by the Planning Division.
12. Trash Disposal/Recvcling: The applicant shall submit details regarding the design and
location of trash disposal/recycling facilities to the City for review and approval prior to
issuance of building pennits.
13. On-site lighting:
directed on site.
On-site lighting shall be shielded away from adjacent properties and
14. Garages: The developers shall add language to the CC&Rs which mandates that garages be
maintained at all times in such a way that they are available for the parking of automobiles.
CENTRAL FIRE DISTRICT:
15. Required Access to Water Supply (Hvdrants): Portions of the structure(s) are greater than
150 feet of travel distance from the centerline of the roadway containing public fire hydrants.
Provide an approved residential fire sprinkler system throughout all portions of the building
of Lot C.
Planning Commission Resolution No. 3175
PD 98-01 - 1725 Bucknall Road - Duchich/Vidovich/Shafer
Page 6
PUBLIC WORKS DEPARTMENT:
16. Revision to Tentative Parcel Map: Prior to submittal of the Final Parcel Map for review, the
following shall be included on the Tentative Map:
. City of San Jose/City of Campbell City limit line
. Drainage pattern for lots and any lot to lot drainage easements needed.
. Removal of the P.S.E. designation on Parcel "D"
17. Final Parcel Map: Prior to issuance of any building pennits for the site, the applicant shall
submit a Final Parcel Map for recordation upon approval by the City. The current plan check
fee is $1,060 plus $25 per parcel.
18. Preliminary Title Report: Prior to recordation of the Final Parcel Map, the property owner
shall provide a current Preliminary Title Report.
19. Right-of-Wav for Public Street Purposes: Prior to recordation of the Final Parcel Map, the
property owner shall grant 30 feet of right-of-way for public street purposes along the
Bucknall Road frontage. The acceptance of this right-of-way will require City Council
approval.
20. Easements: Prior to recordation of the Final Parcel Map, the property owner shall cause
easements to be recorded for private utilities, private stonn drains, reciprocal ingress and
egress, etc., as necessary.
21. Street Improvements: Prior to recordation of the Final Parcel Map, the applicant shall
execute a Street Improvement Agreement and shall cause plans for public street
improvements to be prepared by a registered civil engineer, pay fees, post security and
provide insurance necessary to obtain an encroachment pennit for construction of the
improvements, as required by the City Engineer. The plans shall include the following:
. New curb and gutter with curb face at 20 feet from centerline.
. New pavement to centerline of required right-of-way plus an additional distance of about
2 feet to 4 feet to confonn to existing pavement elevations based on a Traffic Index of 7.5
and an R value provided by a qualified soils engineer.
. New separated five foot sidewalk on the north side of Bucknall Road.
. One new public street light.
. Landscape and irrigation system for street trees and landscaping in the parkway.
. New traffic control signs and pavement strips on Bucknall Road as determined by the
City Engineer.
. All water meters and sewer clean-outs on private property.
_. .,,- .~.
Planning Commission Resolution No. 3175
PD 98-01 - 1725 Bucknall Road - DuchichlVidovich/Shafer
Page 7
22. City of San Jose Pennit: All utility connections to facilities located within the city limits of
San Jose will require a pennit from San Jose.
23. 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 comply with all plan submittals, pennitting, and fee requirements of the serving utility
company, and shall provide evidence from all utilities that the proposed development can be
served and that the public utility easements are adequate.
24. Utility Installation Plan: Prior to issuance of building pennits, the applicant shall submit a
Utility Installation Plan and Schedule for approval by the City Engineer for installation or
abandonment of all utilities and service connections. Streets which have been resurfaced
within the previous 5 years will require boring and jacking for all new utility installations and
will also require a pavement restoration plan for approval by the City Engineer prior to any
utility installation or abandonment.
25. Maintenance Security: Prior to issuance of occupancy approval for the site, all public street
improvements required by the street improvement agreement and the encroachment pennit
must be completed and accepted by the City and the applicant must provide a one-year
Maintenance Security in an amount of25% of the Faithful Perfonnance Bond.
26. Grading and Drainage Plan: Prior to issuance of any grading or building pennits for the site,
the applicant shall conduct hydrology studies based on a 10 year stonn frequency, prepare an
engineered Grading and Drainage Plan, and pay fees required to obtain necessary grading
pennits. The plans shall comply with the 1994 edition of the UBC including Chapters 18,
33, and Appendix Chapter 33.
27. Stonn Drain Area Fee: Prior to issuance of any grading, drainage, or building pennits for the
site, the applicant shall pay the required Stonn Drain Area fee. The current fee is $ 2,000 per
acre or $ 464.00.
28. National Pollution Discharge Elimination System: The applicant shall comply with the Santa
Clara Yalley Water District (SCYWD) Best Management Practices and Title 14 of the
Campbell Municipal Code concerning stonn water pollution prevention.
29. Demolition: Prior to recordation of the Parcel Map, the applicant shall obtain a demolition
pennit from the Building Division and remove all structures that would be in violation of the
Municipal Code if the Parcel Map were recorded prior to removal of the structures.
- .. .,..
Planning Commission Resolution No. 3175
PD 98-01 - 1725 Bucknall Road - Duchich/Vidovich/Shafer
Page 8
PASSED AND ADOPTED this 81b day of September, 1998, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
.- ..._~...,.. ,
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Steve Piasecki, Secretary
Francois, Gibbons,
Meyer-Kennedy
None
None
None
Jones, Kearns, Lindstrom, Lowe,
APPROVED:
Dennis Lowe, Chair
, ~
RESOLUTION NO. 3176
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL, RECOMMENDING APPROVAL OF A
TENTATIVE PARCEL MAP TO ALLOW THE CREATION OF THREE
RESIDENTIAL LOTS AND A COMMON LOT AND
RECOMMENDING THAT THE CITY COUNCIL AUTHORIZE THE
CITY CLERK TO ACCEPT DEDICATION OF RIGHT-OF-WAY FOR
PUBLIC STREET PURPOSES FOR PROPERTY LOCATED AT 1725
BUCKNALL ROAD IN A PD (PLANNED DEVELOPMENT) ZONING
DISTRICT. APPLICATION OF MR. MARKO DUCHICH, MR. JOHN
VIDOVICH AND MR. BOB SHAFER. FILE NO. PM 98-01.
. 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 Planning Commission did find as follows
with respect to application PM 98-01:
1. The proposed subdivision density of 8.89 units per gross acre is no greater than the density
allowance of 14-20 units per gross acre pennitted in the Medium Density Residential land
use shown on the Land Use Element of the General Plan.
2. An initial study was prepared for this project and no significant environmental impacts were
found.
3. The provision of a maintenance agreement and CC&Rs requmng the fonnation of a
homeowner's association is necessary to ensure the long tenn property maintenance and
continued architectural integrity of the project.
4. Dedication for public street purposes is necessary to provide for and promote the orderly
development ofthe project.
5. The City Clerk may accept the required dedication for public street purposes if authorized by
the City Council.
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The proposed subdivision is consistent with the General Plan.
2. The proposed subdivision does not impair the balance between the housing needs of the
region and the public service needs of its residents and available fiscal and environmental
resources.
- . ..,.,
Planning Commission Resolution No. 3176
PM 98-01 - 1725 Bucknall Road - DuchichNidovich/Shafer
Page 2
3. No substantial evidence has been presented which shows that the project, as currently
presented, and subject to the required conditions, will have a significant adverse impact on
the environment.
4. No evidence has been presented which shows that the project will have a substantial impact
on plant or animal life.
The applicant is hereby notified, as part of this application, that he/she is required to meet the
following conditions in accordance with the ordinance of the City of Campbell and the State of
. California. The lead department with which the applicant will work is identified on each
condition where necessary. 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:
COMMUNITY DEVELOPMENT DEPARTMENT
1. Approved Project: Approval is granted for a Tentative Parcel Map allowing the creation of
three (3) residential lots and a common lot for the development of a townhouse project on
property located at 1725 Bucknall Road. The map shall substantially confonn to the map
prepared by Steven Arnold, Civil Engineer, dated as revised on August 14, 1998, except as
may be modified by the Conditions of Approval herein.
2. Property Maintenance: The property shall be maintained free of any combustible trash, debris
and weeds, until the time that actual construction commences, All existing structures on the
property shall be secured by having windows boarded up and doors sealed shut, or be
demolished or removed from the property.
3. Park In-Lieu Fee: Applicant to pay a fee in-lieu of park dedication prior to recordation of the
final subdivision map.
4. Park Impact Fee: Applicant shall be advised that a park impact fee is required in addition to
the Park In-Lieu Fee prior to occupancy of any of the townhouse units. Credit shall be given
for the existing single-family residence on the property.
5. Tree Protection/Replacement Plan: Applicant to submit a tree protection plan for approval
by the Community Development Director addressing retention of existing trees and
replacement of removed trees consistent with the Water Efficient Landscaping Standards
(WELS) prior to issuance of building permits.
- .""..".
Planning Commission Resolution No. 3176
PM 98-01 - 1725 Bucknall Road - Duchich/VidovichlShafer
Page 3
6. Covenants. Codes and Restrictions (CC&Rs): The applicant shall be required to submit for
review and approval by the City Attorney, City Engineer and Community Development
Director prior to recordation of the final parcel map a copy of the CC&Rs which includes the
following:
A. Fonnation of a home owner's association to ensure the long tenn maintenance of
buildings and properties.
B. Continued architectural controls to ensure the architectural integrity of the project.
C. Description and map illustrating "common" areas to be maintained.
D. Provision of maintenance for "common" landscaping within the project site by the
homeowner's association.
E. Provision for the long tenn property maintenance for the driveway, buildings and
common roofs to be repaired, repainted, and/or replaced as necessary.
F. Provision of a funding mechanism to ensure maintenance and upkeep of "common" areas
and shared building walls and roofs.
G. Naming of the City as a third party beneficiary with the opportunity to lien properties for
any breach of the maintenance agreement and CC&Rs.
H. Provision that the garages in the three units be maintained in such a way that they are
available for the parking of vehicles at all times.
PUBLIC WORKS DEPARTMENT:
7. Revision to Tentative Parcel Map: Prior to submittal of the Final Parcel Map for review, the
following shall be included on the Tentative Map:
. City of San Jose/City of Campbell City limit line
. Drainage pattern for lots and any lot to lot drainage easements needed.
. Removal ofthe P.S.E. designation on Parcel "D"
8. Final Parcel Map: Prior to issuance of any building pennits for the site, the applicant shall
submit a Final Parcel Map for recordation upon approval by the City. The current plan check
fee is $1,060 plus $25 per parcel.
9. Preliminary Title Report: Prior to recordation of the Final Parcel Map, the property owner
shall provide a current Preliminary Title Report.
10. Right-of-Way for Public Street Purposes: Prior to recordation of the Final Parcel Map, the
property owner shall grant 30 feet of right-of-way for public street purposes along the
Bucknall Road frontage. The acceptance of this right-of-way will require City Council
approval.
- ""T
Planning Commission Resolution No. 3176
PM 98-01 - 1725 Bucknall Road - Duchich/Vidovich/Shafer
Page 4
11. Easements: Prior to recordation of the Final Parcel Map, the property owner shall cause
easements to be recorded for private utilities, private stonn drains, reciprocal ingress and
egress, etc., as necessary.
12. Street Improvements: Prior to recordation of the Final Parcel Map, the applicant shall
execute a Street Improvement Agreement and shall cause plans for public street
improvements to be prepared by a registered civil engineer, pay fees, post security and
provide insurance necessary to obtain an encroachment pennit for construction of the
improvements, as required by the City Engineer. The plans shall include the following:
.
New curb and gutter with curb face at 20 feet from centerline.
New pavement to centerline of required right-of-way plus an additional distance of about
2 feet to 4 feet to confonn to existing pavement elevations based on a Traffic Index of 7.5
and an R value provided by a qualified soils engineer.
New separated five foot sidewalk on the north side ofBucknall Road.
One new public street light.
Landscape and inigation system for street trees and landscaping in the parkway.
New traffic control signs and pavement strips on Bucknall Road as detennined by the
City Engineer.
All water meters and sewer clean-outs on private property.
.
.
.
.
.
.
13. City of San Jose Pennit: All utility connections to facilities located within the city limits of
San Jose will require a pennit from San Jose.
14. 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 comply with all plan submittals, pennitting, and fee requirements of the serving utility
company, and shall provide evidence from all utilities that the proposed development can be
served and that the public utility easements are adequate.
15. Utility Installation Plan: Prior to issuance of building pennits, the applicant shall submit a
Utility Installation Plan and Schedule for approval by the City Engineer for installation or
abandonment of all utilities and service connections. Streets which have been resurfaced
within the previous 5 years will require boring and jacking for all new utility installations and
will also require a pavement restoration plan for approval by the City Engineer prior to any
utility installation or abandonment.
_. '-"T
Planning Commission Resolution No. 3176
PM 98-01 - 1725 Bucknall Road - Duchich/Vidovich/Shafer
Page 5
16. Maintenance Security: Prior to issuance of occupancy approval for the site, all public street
improvements required by the street improvement agreement and the encroachment pennit
must be completed and accepted by the City and the applicant must provide a one-year
Maintenance Security in an amount of 25% of the Faithful Perfonnance Bond.
17. Grading and Drainage Plan: Prior to issuance of any grading or building pennits for the site,
the applicant shall conduct hydrology studies based on a 10 year stonn frequency, prepare an
engineered Grading and Drainage Plan, and pay fees required to obtain necessary grading
pennits. The plans shall comply with the 1994 edition of the UBC including Chapters 18,
33, and Appendix Chapter 33.
18. Stonn Drain Area Fee: Prior to issuance of any grading, drainage, or building pennits for the
site, the applicant shall pay the required Stonn Drain Area fee. The current fee is $ 2,000 per
acre or $ 464.00.
19. National Pollution Discharge Elimination System: The applicant shall comply with the Santa
Clara Yalley Water District (SCYWD) Best Management Practices and Title 14 of the
Campbell Municipal Code concerning stonn water pollution prevention.
20. Demolition: Prior to recordation of the Parcel Map, the applicant shall obtain a demolition
pennit from the Building Division and remove all structures that would be in violation of the
Municipal Code if the Parcel Map were recorded prior to removal of the structures.
CENTRAL FIRE DISTRICT:
21. Required Access to Water Supply (Hydrants): Portions of the structure(s) are greater than
150 feet of travel distance from the centerline of the roadway containing public fire hydrants.
Provide an approved residential fire sprinkler system throughout all portions of the building
of Lot C.
-. '-..-r.
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~
CITY OF CAMPBELL
Community Development Department. Current Planning
September 10, 1998
Mr. Marko Duchich
875 Emory Avenue
Campbell, CA 95008
RE:
Letter from the Santa Clara Valley Water District
Dear Mr. Duchich:
Please find enclosed a copy of a letter the City has received from the Santa Clara Valley Water
District regarding review of your proposed residential development at 1725 Bucknall Road.
According to the letter, there is a 20-inch Campbell Distributary located on the north side of
Bucknall Road, which must be shown at its proper location and depth on your proposed
improvement plans. In addition, any work which will be conducted adjacent to the distributary
will require a District permit.
Please notify the Planning Division at your soonest convenience if you anticipate that any
issues discussed in this letter will impact changes in the proposed development plans of this
project. The proposed project is tentatively scheduled for the October 6, 1998 City Council
meeting for review during a public hearing.
Should you have any questions regarding the above referenced comments and conditions or
need additional information, please do not hesitate to contact me at the Community
Development Department at (408) 866-2142.
Sincerely,
{2h.C£~
Aki R. Irani
Planner I
enclosure
cc:
John Vidovich, Property Owner
Bob Shafer, Property Owner
Harold Housley, Land Development Engineer
File
70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2140 . FAX 408.866.8381 . TOO 408.866.2790
September 2, 1998
San~a Clara Valle\:! Wa~er DisMd Ô
5750 ALMADEN EXPRESSWAY
SAN JOSE, CA 95118-3686
TELEPHONE (408) 265-2600
FACSIMILE (408) 266-0271
www.scvwd.dst.ca.us
AN EQUAL OPPORTUNITY EMPLOYER
REceIVED
SfP 0 4 1998
CITY OF CAMPBELL
PLANNING DEPT.
Ms. AId Irani
Planner I
Community Development Department
City of Campbell
70 North First Street
Campbell, CA 95008-1423
Dear Ms. Irani:
Subject: Lands of Duchich at 1725 Bucknall Road-City of Campbell-File PM 98-01
The Santa Clara Valley Water District (District) has reviewed the tentative map and site plan for the
subject site, received on August 10, 1998.
Current Federal Emergency Management Agency maps show the site is located within Zone C-an area
of minimal flooding. District records do not show this site to be subject to flooding in the event of a
1 percent flood.
The tentative map shows that the northern side of Bucknall Road will be improved as part of the site
improvements. The District's 20-inch Campbell Distributary is located within the northern side of
Bucknall Road. All construction adjacent to Campbell Distributary requires a District permit, as per
District Ordinance 83-2. Revised improvement plans should show the District's Campbell Distributary
at its proper location and depth within Bucknall Road. District as-builts of Campbell Distributary may
be provided upon request.
Site drainage should be directed to an existing storm drain system.
Two sets of final improvement plans, including utility and drainage plans, should be sent for our
review and issuance of a permit prior to stan of construction.
Any questions may be referred to Ms. Yvonne Arroyo at (408) 265-2607, extension 2319.
Please reference District File Number 25245 on future correspondence.
Sincerely,
~a~
Sue A. Tippets, P. E.
Supervising Engineer
Community Projects Review Unit
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Planning Commission Minutes of September 8, 1998
Page 2
ORAL REQUESTS
There were no oral requests.
PUBLIC HEARING
Chainnan Lowe read Agenda Item No.1 into the record.
1.
ZC 98-01/PD 98-01/
PM 98-01
Duchich, M.
Vidovich, J.
Shafer, B.
Public Hearing to consider the application of Mr. Marko
Duchich, Mr. John Vidovich and Mr. Bob Shafer for approval
of a Zone Change (ZC 98-01) from R-1 (Single-Family
Residential) to PD (planned Development); a Planned
Development Pennit (pD 98-01) and Parcel Map (pM 98-01) to
develop three residential units on property located at 1725
Bucknall Road in an R-1-6 (Single Family Residential) Zoning
District. A Negative Declaration has been prepared for this
project. Tentative City Council Meeting Date: October 6,
1998.
Ms. Aki Irani, Planner I, presented the staff report as follows:
. Applicant is seeking approval of three applications: a Zone Change from R-1-6 (Single
Family Residential) to PD (planned Development); a Planned Development Pennit to
develop three townhome units and a Parcel Map.
. Project site is located on north side of Bucknall Road, west of S. San Tomas Aquino Road
and south ofW. Campbell Avenue.
. Surrounding uses include townhomes to the west, single family residences to the east,
apartments to the north and single family residences to the south.
. The site is currently developed with one single-family residence which will be demolished.
. The proposed project is consistent with the General Plan which calls for Medium-Density
Residential (14-20 units per gross acre). As proposed, this project is being developed at 8.89
units per gross acre.
. Changing the Zoning from R-1-6 to PD will allow this development.
. An initial study was done which detennined no significant environmental impacts. Staff is
recommending a Negative Declaration.
. The project will include three units. Unit A (located at the street frontage) is a detached unit.
Units B and C are attached at the garages. There will be two driveways. Unit A will have a
separate driveway and Units B and C will share a common driveway.
. The design is two-story, contemporary Mediterranean with stucco walls and tile roofs,
covered porches and recessed windows.
. Staff has recommended design enhancements which include a different color scheme using
darker shades or more Mediterranean-type colors as well use of decorative tiles.
. The proposed parking exceeds the 3.5 spaces per unit required under the Ordinance with four
spaces per unit provided. Two spaces are in the garage for each unit and two spaces are
located in front of each garage.
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Planning Commission Minutes of September 8, 1998
Page 3
.
Staff recommends the adoption of a Negative Declaration and that the Planning Commission
forward a recommendation to Council to approve the Zone Change, Planned Development
and Parcel Map applications. Additionally, staff is proposing a recommendation that a
dedication be required by Council.
Commissioner Jones presented the Site and Architectural Review Committee report as follows:
. SARC met on August 25 and was supportive of the project with staff recommendations.
Commissioner Meyer-Kennedy asked if staffs changes have been incorporated into the
Conditions of Approval.
Ms. Aki Irani advised the Commission that staff recommendations have been incorporated in the
Conditions of Approval as they appear in the staff report.
Chainnan Lowe opened the Public Hearing for Agenda Item No.1.
Ms. Jacki Michaels, 4464 Bucknall:
. Advised that her home is located directly across the street from the project site.
. Stated her opposition to the proposed Zone Change due to traffic and parking concerns,
stating that there is already lots of traffic on Bucknall and neighbors already park in front of
her property.
. Stated that most garages are used for storage.
. Mentioned that apartments may end up being developed at 1711 Bucknall which would add
to parking concerns in the immediate area.
. Asked that the City consider her concerns and not approve the Zone Change.
. If the project is approved, asked that the Commission limit the number of units and/or
bedrooms allowed.
. Also asked that if this project is constructed, that the builder be asked to minimize the dust
and dirt, traffic and noise.
Commissioner Gibbons asked staff for clarification that the applicant was actually building at a
lower density that would be allowed.
Ms. Aki Irani advised that under the proposed zoning, the applicant could build up to six
apartment units.
Commissioner Gibbons:
. Advised those in attendance that what is proposed is one-half the project size as that which
could have been proposed for this site.
. Suggested a covenant to require that the garages be maintained for the parking ofvehic1es.
. Advised that the street improvements will also develop two additional street parking spaces.
Commissioner Kearns stated that apparently there have been four units on site to this point.
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Planning Commission Minutes of September 8, 1998
Page 4
Ms. Aki Irani advised that the project came to the City's attention as a Code Enforcement Case
as the four units had been illegally converted from the original house and garage.
Commissioner Kearns stated that the parking impact may be less than anticipated since four units
were on site already.
Mr. John Vidovich, 1725 Bucknall Road:
. Agreed that traffic is intense on Bucknall.
Ms. Lynn Birch, Architect, 536 Soquel Avenue, Santa Cruz:
. Advised that they have developed this site so that the units look more like a single-family
home development, particularly the front unit facing onto Bucknall.
. Advised that this is a quality project with lots of windows and light in each unit.
. Stated that they carefully followed the City's design guidelines when designing this project.
. Said that her clients are not big time developers.
. This proj ect will be an improvement to the neighborhood and will increase values for
everyone.
Commissioner Lindstrom asked if the applicants were willing to comply with staff
recommendations.
Ms. Lynn Birch advised that they were willing to work with staff.
Mr. Stephen Arnold, Project Civil Engineer, 1671 The Alameda, San Jose:
. Advised that he is available for any questions.
Chainnan Lowe closed the Public Hearing for Agenda Item No.1.
Commissioner Meyer-Kennedy agreed that Bucknall is a busy street. Stated that this project will
enhance the area.
Commissioner Lindstrom agreed with Commissioner Meyer-Kennedy.
Chainnan Lowe stated that the applicants have done a good job with their project particularly
since it is less dense than is possible.
Commissioner Gibbons suggested adding to Condition of Approval No 6 so that the garages are
maintained for the parking ofvehic1es.
- 'T
Planning Commission Minutes of September 8, 1998
Page 5
NOES:
ABSENT:
ABSTAIN:
Upon motion of Commissioner Lindstrom, seconded by Commissioner
Meyer-Kennedy, the Planning Commission recommended the Adoption of a
Negative Declaration, adopted Resolution No. 3174 recommending approval
of a Zone Change (ZC 98-01) from R-1 to PD; Resolution No. 3175 (pD 98-
01) recommending approval of a Planned Development Permit to develop
three townhome units with the added Condition of Approval that the garages
be maintained for the parking of vehicles; and adopted Resolution 3176
recommending approval of a Parcel Map (pM 98-01) creating three lots, by
the following roll call vote:
AYES: Francois, Gibbons, Jones, Kearns, Lindstrom, Lowe, Meyer-
Kennedy
None
None
None
Motion:
***
Chainnan Lowe read Agenda Item No.2 into the record.
2.
S 09-08
Miers, C.
Public Hearing to consider the application of Mr. Craig Miers,
on behalf of Gulesserian Enterprises, for a Site and
Architectural Approval (S 98-08) to allow a storefront remodel
for an existing commercial building (Carpeteria) on property
located at 423 E. Hamilton Avenue in a C-2-S (General
Commercial) Zoning District. This project is Categorically
Exempt. Planning Commission decision final, unless appealed
in writing to the City Clerk.
Ms. Aki Irani, Planner I, presented the staff report as follows:
. Applicant is seeking a Site Approval to allow a storefront remodel of the front facade.
. The project site is north ofE. Hamilton Avenue and west of Almarida Avenue.
. Surrounding uses include a restaurant to the east, Commercial uses to the west and a
Restaurant to the north.
. The proposed project is consistent with the General Plan and Zoning designations.
. The project will split the existing space and allow for a second compatible retail use to
Carpeteria, most likely a furniture store.
. The remodel will utilize stucco facade, two tower elements, navy blue canvass awnings and
gray metal roof.
. Staff is recommending a reverse use of proposed paint colors.
. The applicant will install the landscaping as required to meet the City's Streetscape Standards
for E. Hamilton Avenue. This includes a 10 foot landscape buffer and seven foot sidewalk.
Additional landscaping will include a street tree, vines which will be trained along the east
- .. "T
ITEM NO.1
STAFF REPORT - PLANNING COMMISSION MEETING
OF SEPTEMBER 8, 1998
ZC 98-011
PD 98-01/
PM 98-01
Duchich, M.
Vidovich, J.
Shafer, B.
Public Hearing to consider the applications of Mr. Marko Duchich, Mr.
John Vidovich, and Mr. Bob Shafer to allow the following on property
located at 1725 Bucknall Road in an R-I-6 (Single-Family Residential)
Zoning District:
a) A Zone Change from R-I-6 (Single-Family Residential) to PD
(Planned Development); and
b) A Planned Development Permit to allow construction of three (3)
townhouse units; and
c) A Tentative Parcel Map to create three (3) residential lots and a
common lot.
STAFF RECOMMENDATION
That the Planning Commission take the following action:
I. Recommend that the City Council grant a Negative Declaration for this project based upon
the attached findings: and
2. Adopt a Resolution incorporating the attached findings, recommending that the City Council
approve a Zone Change from R-I-6 (Single-Family Residential) to PD (Planned
Development); and
3. Adopt a Resolution incorporating the attached findings, recommending that the City Council
approve a Planned Development Permit to allow the construction of three (3) townhouse
units, subject to the attached Conditions of Approval; and
4. Adopt a Resolution incorporating the attached findings, recommending that the City Council
approve a Tentative Parcel Map, subject to the attached Conditions of Approval.
ENVIRONMENTAL DETERMINATION
In accordance with CEQA, the City conducted an Initial Study for this project. The results of
the study determined that no significant impacts would be created as a result of this project.
Based upon the information provided in the environmental assessment, Staff recommends that
the Planning Commission recommend that the City Council adopt the Negative Declaration
prepared for this project. The Initial Study and the findings in support of the Negative
Declaration are included as an attachment to this report.
PROJECT DATA
Gross Lot Area:
Net Lot Area:
.34 acres
.29 acres
14,686 square feet
12,537 square feet
- '0 "r
~
Staff Report - Planning Commission Meeting of September 8, 1998
ZC 98-01/PD 98-01/PM 98-01 - 1725 Bucknall Road
Page 2
Project Density:
Site Utilization:
Building Coverage:
Landscape Coverage:
Paving Coverage:
Floor Area Ratio (FAR):
(including garages)
Parking
Provided:
Required:
Lot Summary:
Lot A (rear lot):
Lot B (middle lot):
Lot C (front lot):
Lot D (common lot):
Unit Summary:
Unit A
Unit B
Unit C
4 BR/2.5 BA
4 BR/2.5 BA
4 BR/2.5 BA
8.89 units per gross acre
33%
38%
29%
4,155 sq. ft.
4,797 sq. ft.
3,585 sq. ft.
.59
7,377 sq. ft.
12 parking spaces (6 covered, 6 uncovered)
11 parking spaces (Minimum of 3 covered/3.5 spaces per unit)
3,964 sq. ft.
3,180 sq. ft.
2,788 sq. ft.
2,614 sq. ft.
2,091 sf + 400 sf garage
2,043 sf + 400 sf garage
2,043 sf + 400 sf garage
DISCUSSION
Applicant's Proposal: The applicant is requesting approval of a Zone Change (ZC 98-01) on
property located at 1725 Bucknall Road from an R-I-6 (Single-family residential, 6,000 square
foot minimum lot size) zoning designation to a Planned Development (PD) zoning designation, a
Planned Development Permit (PD 98-01), and Tentative Parcel Map (PM 98-01) to allow the
development of three (3) residential units. The subject property is located on the north side of
Bucknall Road in a residential neighborhood west of S. San Tomas Aquino Road and south of
W. Campbell Avenue. The project site is surrounded by a townhouse development and duplexes
to the west, a single-family residence to the east, single-family residences to the south across the
street, and apartments to the north.
Background: The project site currently consists of a single-family residence and a detached
garage, which were illegally converted to additional living units on the property. A total of four
(4) units exist on the property; however, the current zoning designation allows for only one (1)
single-family residence on the property. The City became aware of this code violation in
response to a code enforcement complaint received in February of 1997. The proposed project
was prepared by the property owners in response to the City's requirements that the structures be
modified to comply with the original approval for the property as a single-family residence and
garage, or that the property owners obtain approval of a Zone Change and Planned Development
Permit to legally allow more than one (1) residential unit on the property. The applicants have
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Staff Report - Planning Commission Meeting of September 8, 1998
ZC 98-01/PD 98-01/PM 98-01 - 1725 Bucknall Road
Page 3
decided to develop new residential townhouse units on the property and, in conjunction with the
approval of these applications, will demolish all existing units on the property.
ANALYSIS
General Plan Designation: The General Plan land use designation for the project site is Medium
Density Residential (14-20 units per gross acre). The proposed project will be developed at a
density of 8.89 units per gross acre, which is below the maximum density range allowed for the
site. Therefore, the proposed project is consistent with the General Plan.
Zoning Designation: The zoning designation for the project site is R-I-6 (Single-Family
Residential, minimum 6,000 square foot lot size). The applicant is requesting approval of a Zone
Change from R-I-6 to Planned Development to allow for the development of the townhouse
units. The Planned Development zoning designation allows greater flexibility in the arrangement
of buildings on site and building design in order to promote a quality development which is
consistent and compatible with the character of the surrounding neighborhood. The proposed
project achieves this goal.
Site Plan: The proposed site plan illustrates the development of three (3) townhouse units, one of
which will be a detached unit (Unit A) facing Bucknall Road and two of which will be attached
units (Units B & C) at the rear of the lot. Unit A will appear as a small-lot, single family
residence with a front entry and separate driveway accessing from Bucknall Road. Unit A will
also have a front yard setback of 15 feet from Bucknall Road to provide for a front yard area
consistent with the surrounding residential properties within the neighborhood. Units Band C
will provide front entries facing the east property line and will share a common 12-foot wide
driveway from Bucknall Road located along the east side of the property. Each of the units will
have approximately 750 to 1,550 square feet of private open space area.
Building Design: The proposed residential units will be two-story units with a contemporary
"Mediterranean" style of architecture. Specific architectural elements to be used on the buildings
include stucco exterior, clay tile roofing, covered porches with arched entryways, sculptured
columns and building trims, and recessed windows. The two rear units will be attached by the
garages and common roof lines. The proposed colors for the buildings include different shades
of tan for the body and trim, and a brownish tan color for the clay roof tiles.
Planning Staff has reviewed the elevations and is supportive of the proposed project with the
minor added recommendations to require that supplemental design techniques be applied to the
project to better differentiate the front and rear buildings. The objective is to provide a sense of
distinction between the detached unit and the attached units, and to allow the front unit to appear
like a single-family residence compatible with the surrounding neighborhood. Planning Staff,
upon consultation with the City's Architectural Advisor, recommends that the applicant provide
a different color scheme for one of the two buildings (i.e. using darker shades than currently
proposed for the building and/or a more traditional "Mediterranean" style of colors for the
building, trim and roof). It is also recommended that decorative tiles on the building walls may
further enhance the buildings, and that any "Mediterranean" style windows on the building be
Staff Report - Planning Commission Meeting of September 8, 1998
ZC 98-01/PD 98-01/PM 98-01 - 1725 Bucknall Road
Page 4
recessed a minimum of 3 inches from the outer building walls to provide a true sense of recessed
windows. In addition, Planning Staff recommends that a low wrought-iron fence with decorative
stucco pilasters capped with the clay tiles be installed along the frontage of the project facing S.
Bucknall Road to enhance the project as a "Mediterranean" style development. The attached
conditions of approval for this project reflect these recommended revisions to the project.
Landscaping: The project site currently has several fruit trees at the rear of the property, and two
walnut trees and a Mulberry tree at the front of the property. All of the trees are proposed to be
removed in conjunction with the project, based upon the deteriorated health of some of the
existing trees and the location of the trees where development will occur. All trees proposed to
be removed will require planting of new trees on site based upon the replacement ratio required
by the City's Water Efficient Landscape Standards (WELS).
Landscaping to be provided includes addition of a parkway and street trees along Bucknall Road,
front yard landscaping along Bucknall Road, sideyard landscaping along Unit A, and landscaping
in front of each of the attached units at the rear of the site and between the uncovered parking
spaces for the attached units. In addition, a 2-foot wide landscaping planter will be provided
along the east side of the property adjacent to the driveway for the attached units. All
landscaping will be maintained in common by the property owners through creation of a common
lot and maintenance agreement. The applicant will be required to submit a detailed landscaping
plan to be reviewed and approved by the Community Development Director which details the
type of landscaping to be installed for the project.
Parking: The applicant is providing a total of 12 parking spaces for the project. Each unit will
be provided with a two-car garage and two (2) uncovered parking spaces in front of each garage
for a total of 4 parking spaces each. The project exceeds the City's parking requirements by
providing one (1) additional space than the required 11 parking spaces.
Tentative Parcel Map: The applicant is requesting approval of a tentative parcel map to
subdivide the property into four (4) separate lots, consisting of three (3) residential lots and one
common lot. The common lot will allow for the common maintenance of the driveways and
common landscaped areas by all property owners.
Staff recommends that prior to recordation of the final parcel map and issuance of any building
permits, the applicant provide a maintenance agreement and Covenants, Conditions and
Restrictions (CC&Rs) to be reviewed and approved by the Community Development Director,
City Engineer and City Attorney which will satisfy the City's need to ensure the proper
maintenance and upkeep of the development. Staff requests that the following be included in the
agreement and CC&Rs:
A. Formation of a home owner's association to ensure the long term maintenance of
buildings and properties.
B. Continued architectural controls to ensure the architectural integrity of the project.
C. Description and map illustrating "common" areas to be maintained.
Staff Report - Planning Commission Meeting of September 8, 1998
ZC 98-01/PD 98-01/PM 98-01 - 1725 Bucknall Road
Page 5
D. Provision of maintenance for common landscaped areas within the project site by the
homeowner's association.
E. Provision for the long term property maintenance for the driveway, buildings and
common roofs to be repaired, repainted, and/or replaced as necessary.
F. Provision of a funding mechanism to ensure maintenance and upkeep of "common" areas
and shared building walls and roofs.
G. Naming of the City as a third party beneficiary with the opportunity to lien properties for
any breach of the maintenance agreement and CC&Rs.
In conjunction with the tentative parcel map application, Staff recommends that the Planning
Commission recommend that the City Council review and approve the proposed public street
dedications at the time of the tentative parcel map review to expedite the processing of the final
parcel map. Dedications of street right-of-ways are required to be approved and accepted by the
City Council prior to recording of a final parcel map for the project. Staff recommends that the
Planning Commission recommend that the City Council approve the dedications at the time the
tentative parcel map is reviewed and to authorize the City Clerk to accept such required public
street dedications and public utility easements as necessary for the development prior to
recordation of the final parcel map.
Site and Architectural Review Committee: The Site and Architectural Review Committee
reviewed the application at its meeting of August 25, 1998 and expressed support of the project
as proposed by the applicants.
Attachments:
1. Planning Commission Findings for ZC 98-01
2. Planning Commission Findings for PD 98-01
3. Planning Commission Conditions of Approval for PD 98-01
4. Planning Commission Findings for PM 98-01
5. Planning Commission Conditions of Approval for PM 98-01
6. Exhibits
7. Initial StudyÆnvironmental Documentation
8. Location Map
Approved by:
m~'<--x ~
Aø=r ~
Sharon Fierro, Senior Planner
Prepared by:
- ". ....
Attachment #1
PLANNING COMMISSION FINDINGS FOR APPROV AL OF FILE NO. ZC 98-01
SITE ADDRESS: 1725 Bucknall Road
APPLICANT: Marko Duchich, John Vidovich, and Bob Shafer
P.C. MEETING: September 8, 1998
Planning Commission Findings for Approval of a Zone Change
The Planning Commission finds as follows with regard to File No. ZC 98-01:
1. The proposed project will be developed at a density of 8.89 units per gross acre, which is less
than the maximum density allowance for the project site under the General Plan designation
of Medium Density Residential (14-20 units per gross acre).
2. The proposed Zone Change is consistent with the General Plan.
3. The proposed Planned Development (PD) zoning will permit greater flexibility in the
arrangement of the buildings on the site to promote development of a project which is
consistent and compatible with the character of the surrounding neighborhood.
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The proposed development and uses clearly will result in a more desirable environment and
use of the land than would be possible under any other zoning classification.
2. The development and uses will be compatible with the General Plan of the City and will aid
in the harmonious development of the immediate area.
3. No substantial evidence has been presented which shows that the project, as currently
presented, and subject to the required conditions of approval, will have a significant adverse
impact on the environment.
4. No evidence has been presented which shows that the project will have a substantial impact
on plant or animal life.
Attachment #2
PLANNING COMMISSION FINDINGS FOR APPROV AL OF FILE NO. PD 98-01
SITE ADDRESS: 1725 Bucknall Road
APPLICANT: Marko Duchich, John Vidovich, and Bob Shafer
P.c. MEETING: September 8, 1998
Planning Commission Findings for Approval of a Planned Development Permit
The Planning Commission finds as follows with regard to File No. PD 98-01:
1. The proposed Planned Development Permit is consistent with the Land Use Element of the
General Plan.
2. The proposed density of 8.89 units per gross acre is no greater than the density allowance of
14-20 units per gross acre as permitted under the General Plan land use designation of
Medium Density Residential for the project site.
3. The proposed massing and design is consistent with other developments in the surrounding
area and is consistent with the development standards for residential uses.
4. The provision of a maintenance agreement and CC&Rs requiring the formation of a
homeowner's association is necessary to ensure the long term property maintenance and
continued architectural integrity of the project.
5. An initial study was prepared for this project and no significant environmental impacts were
found.
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The proposed development and uses clearly will result in a more desirable environment and
use of the land than would be possible under any other zoning classification.
2. The development and uses will be 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 than would be
allowed by other residential zoning districts which are consistent with the general plan
designation of the property; and
4. The proposed development will not be detrimental to the health, safety or welfare of the
neighborhood or the City as a whole.
5. No substantial evidence has been presented which shows that the project, as currently
presented, and subject to the required conditions of approval, will have a significant adverse
impact on the environment.
Findings for Approval for PD 98-01- Planning Commission Meeting of September 8, 1998
ZC 98-01/PD 98-01/PM 98-01 - 1725 Bucknall Road
Page 2
6. No evidence has been presented which shows that the project will have a substantial impact
on plant or animal life.
Attachment #3
PLANNING COMMISSION CONDITIONS OF APPROVAL FOR FILE NO. PD 98-01
SITE ADDRESS: 1725 Bucknall Road
APPLICANT: Marko Duchich, John Vidovich, and Bob Shafer
P.c. MEETING: September 8, 1998
The applicant is hereby notified, as part of this application, that he/she is required to meet the
following conditions in accordance with the ordinance of the City of Campbell and the State of
California. The lead department with which the applicant will work is identified on each
condition where necessary. 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:
COMMUNITY DEVELOPMENT DEPARTMENT
I. Approved Project: Approval is granted to construct a 3-unit townhouse development
consisting of one detached unit facing Bucknall Road and two attached units at the rear of the
property located at 1725 Bucknall Road. The building designs shall substantially conform to
the project exhibits listed below, except as may be modified by the Conditions of Approval
herein:
A. Site plan and conceptual landscape plan prepared by Lynne Birch, Architect, dated as
revised on August 17, 1998.
B. Building elevations and floor plans prepared by Lynne Birch, Architect, dated as revised
on August 17, 1998.
C. Color/material board and colored elevations submitted by Lynne Birch, Architect.
D. Tentative Parcel Map prepared by Steve Arnold, Civil Engineer, dated as revised on
August 14, 1998.
2. Building Details and Colors:
A. The applicant shall provide an alternate color scheme (including colors for the body of the
building, trim and roof tiles) for one of the two buildings to encourage variation within
the project. The alternate color scheme shall be reviewed and approved by the
Community Development Director prior to issuance of building permits for the site and
shall be a color scheme which is compatible with the proposed building and surrounding
neighborhood.
B. The applicant shall provide supplemental design features (i.e. addition of decorative tiles
on the building) as an enhancement to vary the appearance between the detached and
attached units. The supplemental design features shall require review and approval by the
Community Development Director prior to installation.
C. The recessed windows shall be recessed a minimum depth of 3 inches from the outer wall
of the building to provide a sense of depth from the building.
3. Building Division Requirements: The following conditions are based upon occupancies most
closely resembling single-family residences (R-3) and private garages (V-I):
- "_....
Conditions of Approval for PD 98-01- Planning Commission Meeting of September 8, 1998
ZC 98-01/PD 98-01/PM 98-01 - 1725 Bucknall Road
Page 2
A. Provide one (1) hour protection for roof framing members within five (5) feet of the
property line (where framing is parallel) as a substitute for a parapet at the common
property line between the townhouses per UBC 709.4.1. No openings are permitted in
the roof in this area.
B. Provide a modified one (1) hour separation between residences and garages.
combustible penetrations permitted in these separations per UBC 302.4.
No
C. The applicant shall provide a copy of the conditions of approval for the project to be
printed on the cover sheet of the plans submitted for any building permits for the project.
D. Applicant shall comply with all Building Code requirements and obtain necessary permits
as determined by the City's Building Division.
4. Landscaping:
A. The applicant shall submit a landscape and irrigation plan to be reviewed and approved
by the Community Development Director prior to issuance of any building permits for the
site. The landscape and irrigation plans shall designate all landscaped areas to be
"commonly" maintained throughout the development.
B. Removal of any trees shall require replacement of trees on site in accordance with City's
Water Efficient Landscape Standards (WELS).
C. All landscaping installed as required per the approved landscape plan shall be maintained
in good health.
D. The minimum width of the planting area of the planter strip along the east side of the
property adjacent to the common driveway shall be two (2) feet.
5. Parking and Driveway: All parking and driveway areas shall be developed in compliance
with Chapter 21.50 of the Campbell Municipal Code.
6. Covenants, Codes and Restrictions (CC&Rs): The applicants shall be required to submit for
review and approval by the City Attorney, City Engineer and Community Development
Director a copy of the maintenance agreement and CC&Rs which shall include the following:
A. Formation of a home owner's association to ensure the long term maintenance of
buildings and properties.
B. Continued architectural controls to ensure the architectural integrity of the project.
C. Description and map illustrating "common" areas to be maintained.
D. Provision of maintenance for "common" landscaping within the project site by the
homeowner's association.
E. Provision for the long term property maintenance for the driveway, buildings and
common roofs to be repaired, repainted, and/or replaced as necessary.
_. .", T
Conditions of Approval for PD 98-01- Planning Commission Meeting of September 8, 1998
ZC 98-01lPD 98-01/PM 98-01 - 1725 Bucknall Road
Page 3
F. Provision of a funding mechanism to ensure maintenance and upkeep of "common" areas
and shared building walls and roofs.
G. Naming of the City as a third party beneficiary with the opportunity to lien properties for
any breach of the maintenance agreement and CC&Rs.
7. Park Impact Fee: A park impact fee of $7,035 per unit for a total of $21,105 is due upon
development of the townhouse project. Credit in the amount of $10,990 will be given for the
existing single-family residence. Full payment of this fee is due prior to issuance of a
certificate of building occupancy.
8. Fences: The applicants shall install a low (maximum 3.5 feet in height) wrought-iron fence
with stucco pilasters capped with tile along the front property line of the project facing
Bucknall Road. Any newly proposed fencing shall comply with Section 21.59.090 of the
Campbell Municipal Code and shall be submitted for review and approval by the Community
Development Department.
9. 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).
10. Location of Mechanical Equipment: No mechanical equipment, i.e. air conditioning units,
shall be located within the common lot or within commonly maintained areas of the project
site.
II. Utility Boxes and Back-Flow Preventers: Applicant to submit a plan prior to installation of
PG&E utility (transformer) boxes and San Jose Water Company back-flow preventers,
indicating the location of the boxes and screening (if the boxes are above ground) for
approval by the Planning Division.
12. Trash Disposal/Recvcling: The applicant shall submit details regarding the design and
location of trash disposal/recycling facilities to the City for review and approval prior to
issuance of building permits.
13. On-site lighting:
directed on site.
On-site lighting shall be shielded away from adjacent properties and
14. Garages: The developers shall add language to the CC&Rs which mandates that garages be
maintained at all times in such a way that they are available for the parking of automobiles.
- .. T
Conditions of Approval for PD 98-01- Planning Commission Meeting of September 8, 1998
ZC 98-01/PD 98-01/PM 98-01 - 1725 Bucknall Road
Page 4
CENTRAL FIRE DISTRICT:
15. Required Access to Water Supply (Hydrants): Portions of the structure(s) are greater than
150 feet of travel distance from the centerline of the roadway containing public fire hydrants.
Provide an approved residential fire sprinkler system throughout all portions of the building
of Lot C.
PUBLIC WORKS DEPARTMENT:
16. Revision to Tentative Parcel Map: Prior to submittal of the Final Parcel Map for review, the
following shall be included on the Tentative Map:
. City of San Jose/City of Campbell City limit line
. Drainage pattern for lots and any lot to lot drainage easements needed.
. Removal of the P.S.E. designation on Parcel "D"
17. Final Parcel Map: Prior to issuance of any building permits for the site, the applicant shall
submit a Final Parcel Map for recordation upon approval by the City. The current plan check
fee is $1,060 plus $25 per parcel.
18. Preliminary Title Report: Prior to recordation of the Final Parcel Map, the property owner
shall provide a current Preliminary Title Report.
19. Right-of-Way for Public Street Purposes: Prior to recordation of the Final Parcel Map, the
property owner shall grant 30 feet of right-of-way for public street purposes along the
Bucknall Road frontage. The acceptance of this right-of-way will require City Council
approval.
20. Easements: Prior to recordation of the Final Parcel Map, the property owner shall cause
easements to be recorded for private utilities, private storm drains, reciprocal ingress and
egress, etc., as necessary.
21. Street Improvements: Prior to recordation of the Final Parcel Map, the applicant shall
execute a Street Improvement Agreement and shall cause plans for public street
improvements to be prepared by a registered civil engineer, pay fees, post security and
provide insurance necessary to obtain an encroachment permit for construction of the
improvements, as required by the City Engineer. The plans shall include the following:
. New curb and gutter with curb face at 20 feet from centerline.
. New pavement to centerline of required right-of-way plus an additional distance of about
2 feet to 4 feet to conform to existing pavement elevations based on a Traffic Index of 7.5
and an R value provided by a qualified soils engineer.
. New separated five foot sidewalk on the north side of Bucknall Road.
. One new public street light.
. Landscape and irrigation system for street trees and landscaping in the parkway.
Conditions of Approval for PD 98-01- Planning Commission Meeting of September 8, 1998
ZC 98-01/PD 98-0l/PM 98-01 - 1725 Bucknall Road
Page 5
. New traffic control signs and pavement strips on Bucknall Road as determined by the
City Engineer.
. All water meters and sewer clean-outs on private property.
22. Citv of San Jose Permit: All utility connections to facilities located within the city limits of
San Jose will require a permit from San Jose.
23. 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 comply with all plan submittals, permitting, and fee requirements of the serving utility
company, and shall provide evidence from all utilities that the proposed development can be
served and that the public utility easements are adequate.
24. Utility Installation Plan: Prior to issuance of building permits, the applicant shall submit a
Utility Installation Plan and Schedule for approval by the City Engineer for installation or
abandonment of all utilities and service connections. Streets which have been resurfaced
within the previous 5 years will require boring and jacking for all new utility installations and
will also require a pavement restoration plan for approval by the City Engineer prior to any
utility installation or abandonment.
25. Maintenance Security: Prior to issuance of occupancy approval for the site, all public street
improvements required by the street improvement agreement and the encroachment permit
must be completed and accepted by the City and the applicant must provide a one-year
Maintenance Security in an amount of 25% of the Faithful Performance Bond.
26. Grading and Drainage Plan: Prior to issuance of any grading or building permits for the site,
the applicant shall conduct hydrology studies based on a 10 year storm frequency, prepare an
engineered Grading and Drainage Plan, and pay fees required to obtain necessary grading
permits. The plans shall comply with the 1994 edition of the UBC including Chapters 18,33,
and Appendix Chapter 33.
27. Storm Drain Area Fee: Prior to issuance of any grading, drainage, or building permits for the
site, the applicant shall pay the required Storm Drain Area fee. The current fee is $ 2,000 per
acre or $ 464.00.
28. National Pollution Discharge Elimination System: The applicant shall comply with the Santa
Clara Valley Water District (SCYWD) Best Management Practices and Title 14 of the
Campbell Municipal Code concerning storm water pollution prevention.
29. Demolition: Prior to recordation of the Parcel Map, the applicant shall obtain a demolition
permit from the Building Division and remove all structures that would be in violation of the
Municipal Code if the Parcel Map were recorded prior to removal of the structures.
Attachment #4
PLANNING COMMISSION FINDINGS FOR APPROVAL OF FILE NO. PM 98-01
SITE ADDRESS: 1725 Bucknall Road
APPLICANT: Marko Duchich, John Vidovich, and Bob Shafer
P.c. MEETING: September 8, 1998
Planning Commission Findings for Approval of a Tentative Parcel Map
The Planning Commission finds as follows with regard to File No. PM 98-01:
1. The proposed subdivision density of 8.89 units per gross acre is no greater than the density
allowance of 14-20 units per gross acre permitted in the Medium Density Residential land
use shown on the Land Use Element of the General Plan.
2. An initial study was prepared for this project and no significant environmental impacts were
found.
3. The provision of a maintenance agreement and CC&Rs requiring the formation of a
homeowner's association is necessary to ensure the long term property maintenance and
continued architectural integrity of the project.
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The proposed subdivision is consistent with the General Plan.
2. The proposed subdivision does not impair the balance between the housing needs of the
region and the public service needs of its residents and available fiscal and environmental
resources.
3. No substantial evidence has been presented which shows that the project, as currently
presented, and subject to the required conditions, will have a significant adverse impact on
the environment.
4. No evidence has been presented which shows that the project will have a substantial impact
on plant or animal life.
- ..,.?
~
Attachment #5
PLANNING COMMISSION CONDITIONS OF APPROVAL FOR FILE NO. PM 98-01
SITE ADDRESS: 1725 Bucknall Road
APPLICANT: Marko Duchich, John Vidovich, and Bob Shafer
P.c. MEETING: September 8,1998
The applicant is hereby notified, as part of this application, that he/she is required to meet the
following conditions in accordance with the ordinance of the City of Campbell and the State of
California. The lead department with which the applicant will work is identified on each
condition where necessary. 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:
COMMUNITY DEVELOPMENT DEPARTMENT
1. Approved Project: Approval is granted for a Tentative Parcel Map allowing the creation of
three (3) residential lots and a common lot for the development of a townhouse project on
property located at 1725 Bucknall Road. The map shall substantially conform to the map
prepared by Steven Arnold, Civil Engineer, dated as revised on August 14, 1998, except as
may be modified by the Conditions of Approval herein.
2. Propertv Maintenance: The property shall be maintained free of any combustible trash, debris
and weeds, until the time that actual construction commences. All existing structures on the
property shall be secured by having windows boarded up and doors sealed shut, or be
demolished or removed from the property.
3. Park In-Lieu Fee: Applicant to pay a fee in-lieu of park dedication prior to recordation of the
final subdivision map.
4. Park Impact Fee: Applicant shall be advised that a park impact fee is required in addition to
the Park In-Lieu Fee prior to occupancy of any of the townhouse units. Credit shall be given
for the existing single-family residence on the property.
5. Tree Protection/Replacement Plan: Applicant to submit a tree protection plan for approval by
the Community Development Director addressing retention of existing trees and replacement
of removed trees consistent with the Water Efficient Landscaping Standards (WELS) prior to
issuance of building permits.
6. Covenants, Codes and Restrictions (CC&Rs): The applicant shall be required to submit for
review and approval by the City Attorney, City Engineer and Community Development
Director prior to recordation of the final parcel map a copy of the CC&Rs which includes the
following:
A. Formation of a home owner's association to ensure the long term maintenance of
buildings and properties.
B. Continued architectural controls to ensure the architectural integrity of the project.
C. Description and map illustrating "common" areas to be maintained.
,- .. "T
Conditions of Approval for PM 98-01 - Planning Commission Meeting of September 8, 1998
ZC 98-01/PD 98-01/PM 98-01 - 1725 Buckna11 Road
Page 2
D. Provision of maintenance for "common" landscaping within the project site by the
homeowner's association.
E. Provision for the long term property maintenance for the driveway, buildings and
common roofs to be repaired, repainted, and/or replaced as necessary.
F. Provision of a funding mechanism to ensure maintenance and upkeep of "common" areas
and shared building walls and roofs.
G. Naming of the City as a third party beneficiary with the opportunity to lien properties for
any breach of the maintenance agreement and CC&Rs.
PUBLIC WORKS DEPARTMENT:
7. Revision to Tentative Parcel Map: Prior to submittal of the Final Parcel Map for review, the
following shall be included on the Tentative Map:
.
City of San Jose/City of Campbell City limit line
Drainage pattern for lots and any lot to lot drainage easements needed.
Removal of the P.S.E. designation on Parcel "D"
.
.
8. Final Parcel Map: Prior to issuance of any building permits for the site, the applicant shall
submit a Final Parcel Map for recordation upon approval by the City. The current plan check
fee is $1,060 plus $25 per parcel.
9. Preliminary Title Report: Prior to recordation of the Final Parcel Map, the property owner
shall provide a current Preliminary Title Report.
10. Right-of-Wav for Public Street Purposes: Prior to recordation of the Final Parcel Map, the
property owner shall grant 30 feet of right-of-way for public street purposes along the
Bucknall Road frontage. The acceptance of this right-of-way will require City Council
approval.
11. Easements: Prior to recordation of the Final Parcel Map, the property owner shall cause
easements to be recorded for private utilities, private storm drains, reciprocal ingress and
egress, etc., as necessary.
12. Street Improvements: Prior to recordation of the Final Parcel Map, the applicant shall
execute a Street Improvement Agreement and shall cause plans for public street
improvements to be prepared by a registered civil engineer, pay fees, post security and
provide insurance necessary to obtain an encroachment permit for construction of the
improvements, as required by the City Engineer. The plans shall include the following:
C-'-"~'T-"+-'
Conditions of Approval for PM 98-01 - Planning Commission Meeting of September 8, 1998
ZC 98-01/PD 98-01/PM 98-01-1725 Bucknall Road
Page 3
.
New curb and gutter with curb face at 20 feet from centerline.
New pavement to centerline of required right-of-way plus an additional distance of about
2 feet to 4 feet to conform to existing pavement elevations based on a Traffic Index of 7.5
and an R value provided by a qualified soils engineer.
New separated five foot sidewalk on the north side of Bucknall Road.
One new public street light.
Landscape and irrigation system for street trees and landscaping in the parkway.
New traffic control signs and pavement strips on Bucknall Road as determined by the
City Engineer.
All water meters and sewer clean-outs on private property.
.
.
.
.
.
.
13. City of San Jose Permit: All utility connections to facilities located within the city limits of
San Jose will require a permit from San Jose.
14. 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 comply with all plan submittals, permitting, and fee requirements of the serving utility
company, and shall provide evidence from all utilities that the proposed development can be
served and that the public utility easements are adequate.
15. Utility Installation Plan: Prior to issuance of building permits, the applicant shall submit a
Utility Installation Plan and Schedule for approval by the City Engineer for installation or
abandonment of all utilities and service connections. Streets which have been resurfaced
within the previous 5 years will require boring and jacking for all new utility installations and
will also require a pavement restoration plan for approval by the City Engineer prior to any
utility installation or abandonment.
16. Maintenance Security: Prior to issuance of occupancy approval for the site, all public street
improvements required by the street improvement agreement and the encroachment permit
must be completed and accepted by the City and the applicant must provide a one-year
Maintenance Security in an amount of 25% of the Faithful Performance Bond.
17. Grading and Drainage Plan: Prior to issuance of any grading or building permits for the site,
the applicant shall conduct hydrology studies based on a 10 year storm frequency, prepare an
engineered Grading and Drainage Plan, and pay fees required to obtain necessary grading
permits. The plans shall comply with the 1994 edition of the UBC including Chapters 18,33,
and Appendix Chapter 33.
18. Storm Drain Area Fee: Prior to issuance of any grading, drainage, or building permits for the
site, the applicant shall pay the required Storm Drain Area fee. The current fee is $ 2,000 per
acre or $ 464.00.
"- "0 '~
Conditions of Approval for PM 98-01 - Planning Commission Meeting of September 8, 1998
ZC 98-01/PD 98-01/PM 98-01-1725 Bucknall Road
Page 4
19. National Pollution Discharge Elimination Svstem: The applicant shall comply with the Santa
Clara Valley Water District (SCVWD) Best Management Practices and Title 14 of the
Campbell Municipal Code concerning storm water pollution prevention.
20. Demolition: Prior to recordation of the Parcel Map, the applicant shall obtain a demolition
permit from the Building Division and remove all structures that would be in violation of the
Municipal Code if the Parcel Map were recorded prior to removal of the structures.
CENTRAL FIRE DISTRICT:
21. Required Access to Water Supply (Hydrants): Portions of the structure(s) are greater than
150 feet of travel distance from the centerline of the roadway containing public fire hydrants.
Provide an approved residential fire sprinkler system throughout all portions of the building
of Lot C.
CITY OF CAMPBELL, CALIFORNIA
California Environmental Quality Act
INITIAL STUDY
Three (3) unit residential project
August 1998
Prepared By:
Aki Irani, Planner I
City of Campbell
Community Development Department
70 North First Street
Campbell CA, 95008
(408) 866-2140
This statement is prepared in compliance with the California Environmental Quality Act
INITIAL STUDY
ENVIRONMENTAL EV ALVA TION CHECKLIST
I. BACKGROUND
Name and Address of Project Proponent:
Mr. Marko Duchich, Mr. John Vidovich, and Mr. Bob Shafer
875 Emory Avenue
Campbell, California 95008
Name of Project:
ZC 98-01; PD 98-01; and PM 98-01
Three (3) unit residential project
Project Address:
1725 S. Bucknall Road
Campbell, CA 95008
Project Description:
The project consists of the development of three (3) residential units on the subject site. There will
be one (1) detached unit facing Bucknall Road and a building with two (2) attached units located at
the rear of the lot. The project requires approval of a Zone Change (ZC 98-01) from an R-1-6
(single-family residential, 6,000 square foot minimum lot size) zoning designation to a PD (Planned
Development) zoning designation, a Planned Development Pennit (PD 98-01) and a Parcel Map
(PM 98-01) to subdivide the property into three (3) residential lots and one (1) common lot.
Environmental Setting:
The development site is located on the north side of Bucknall Road, west of San Tomas Aquino
Road and east of Fulton Street. The site is located in an R-1-6 (single-family residential, 6,000
square foot minimum lot size) zoning district and is currently developed with a single-family
residence and a detached garage. These existing structures are not on the City's Historic Resources
Inventory List and will be demolished in conjunction with the development of this project. The site
is surrounded by single family residential uses to the east and to the south, a townhouse
development to the west and apartment units to the north.
Date Checklist Completed: August 24, 1998
Prepared By: Aki Irani
Planner I
Initial Study
1725 S. Bucknall Road - 3 unit residential project
Page 2
August 24,1998
-,.. .,..
II. ENVIRONMENTAL IMPACT EVALUATION
Introduction: The following evaluation has been prepared to determine if the project may have a
significant impact on the environment. For the purposes of this study, a significant impact shall
mean a substantial or potentially substantial change in the physical environment.
Evaluations: An "A" rating indicates that based upon the available information, the
environmental coordinator has determined that there will be no impact on the environment. A
"B" rating indicates that the impact will be insignificant. A "C" rating indicates that a specific
change to the project (mitigation measures) could reduce the impact to a level of insignificance.
A "D" rating indicates that the impact mayor will be significant.
Discussion: A description of the proposed mitigation measures and the factual data or evidence
used to reach conclusions regarding impact significance is attached following the Determination
in Section III.
A.
Earth.
Evaluation of the impact of the project upon:
(A)
(B)
(C)
(D)
!t1gate !gill .
1. Earth stability or geologic substructure conditions X D D D
2. Soil Conditions: (disruptions, displacements, compaction or overcrowding) X D D D
3. Topography or ground surface relief features X D D D
4. Unique geologic or physical features X D D D
5. Wind or water erosion of soils (on or off site) X D D D
6. Beach sands, siltation, deposition or erosion which may modify the channel of X D D D
a river or stream or the bed of the ocean or the bay
7. Exposure of people or property to geologic hazards such as earthquakes, X 0 0 0
landslides, mudslides, ground failure, or similar hazards
No Impact Insignif. Insig. if May Be
M" d S' 'f
No geophysical impacts will occur as a result of this project. The site is not near any known
earthquake fault and the project will be required to comply with all State Building Code
Standards to reduce the potential for geophysical hazards.
Initial Study
1725 S. Bucknall Road - 3 unit residential project
Page 3
Augus!24, 1998
- .- '.". , .~
r
B.
Air.
Evaluation of the impact of the project upon:
(A)
(B)
(C)
(D)
No Impact Insignif.
Insig. if May Be
. . d S' 'f
MItigate Igm.
1. The deterioration of ambient air quality X D D D
2. The creation of objectionable odors X D D D
3. Air temperatures, moisture, movements, or micro-climates X D D D
The proposed project will not violate any air quality standards. Standard construction practices
will be implemented to ensure that short term dust and dirt impacts due to construction are
minimized.
c.
Water.
Evaluation of the impact of the project upon:
1. Currents or natural water courses X D D D
2. Absorption rates, drainage patterns, or the rate and amount of surface water D X D D
runoff
3. Flood water courses or flows X D D D
4. Amount of surface water in any water body X D D D
5. Discharges into surface waters, or alteration of surface water quality X D D D
6. Direction or rate of flow of ground water X D D D
7. Ground water quantity (additions, withdrawals, interceptions of an aquifer?) X D D D
8. Amount of water otherwise available for public water supplies X D D D
9. Exposure of people or property to water related hazards (flooding) X D D D
The project will result in a minor increase in the amount of storm water run-off from the site
due to an increase in the impermeable coverage by the building and pavement. The
proposed project with the residential units and paved areas will cover approximately 61.5%
of the site. Approximately 38.5% of the site will remain in landscaped open space areas
which will allow for filtration and percolation of run-off. The site is currently developed
with a single-family residence and detached garage. The City codes and standard conditions
for building permits include conditions for drainage; therefore, no additional mitigation
measures are necessary.
Initial Study
1725 S. Bucknall Road - 3 unit residential project
Page 4
August 24,1998
- .. ~
D.
Plant-life and Wildlife.
Evaluation of the impact of the project upon:
(A)
(B)
(C)
(D)
Mitigated ignif.
1. The diversity of species or number of any species of plants X 0 0 0
2. The number of any unique, rare or endangered species of plants X 0 0 0
3. The normal replenishment of existing species X 0 0 D
4. Acreage of an agricultural crop X 0 0 0
5. The diversity of species or numbers of species of animals X 0 0 D
6. Numbers of any unique, rare or endangered species of animals X 0 0 D
7. The normal migration or movement of animals X 0 0 0
8. Deterioration to existing fish or wildlife habitat X D D D
No Impact Insignif. Insig. if May Be
S
The project site is currently developed with a single-family residence and garage. There are no
endangered species or habitats of plant life and/or wildlife on or adjacent to this site. Any trees
proposed to be removed shall comply with the City's Water Efficient Landscape Standards which
specifies a replacement ratio for any trees removed.
E.
Noise.
Evaluation of the impact of the project upon:
1. Existing noise levels 0 X 0 D
2. Exposure of people to severe noise levels X D 0 0
The project will not create any significant increases in noise within the surrounding
neighborhood and to adjacent properties as a developed project than would be expected with any
other residential uses. During construction of the project, additional noise may be created;
however, standard construction practices will be implemented to ensure that construction noise is
minimized, and conditions of approval for the project will require compliance with local
ordinances for construction hours and practices.
Initial Study
1725 S. Bucknall Road - 3 unit residential project
Page 5
August 24, 1998
- ..".
F.
Natural Resources and Energy.
Evaluation of the impact of the project upon:
(A)
(B)
(C)
(D)
No Impact Insignif.
Insig. if
May Be
Mitigated Signif.
1. Rate of use of any natural resource X D D D
2. Depletion of any nonrenewable natural resource X D D D
3. Use of substantial amounts of fuel or energy X D D D
4. Demand upon existing sources of energy X D D D
The project is consistent with the General Plan and will neither conflict with adopted energy
conservation plans, nor waste non-renewable resources.
G.
Human Health
Evaluation of the impact of the project upon:
1. The creation of any physical or mental health hazards X D D D
2. Exposure of people to potential health hazards X D D D
3. Risk of explosion of, or release of hazardous substances X D D D
The project is not anticipated to create any health or safety hazards. The proposed residential
units will be constructed in compliance with the State Building Code Standards. The Fire
Department is also requiring that an approved fire sprinkler system be provided throughout all
portions of the rear building containing two (2) units.
H.
Visual Impacts
Elf h .
fth
va uatIon 0 t e Impact 0 e prolect upon:
1. Obstruction of any scenic vista or view open to the public X D D D
2. Creation of an aesthetically offensive site open to public view X D D D
3. Production of new light or glare X D D D
No scenic vistas or views open to the public will be impacted by the development of this project.
The project has been designed to be architecturally compatible with the surrounding residential
neighborhood in scale and size.
Initial Study
1725 S. Bucknall Road - 3 unit residential project
Page 6
August 24. 1998
T'
I.
Historical Resources.
Evaluation of the impact of the project upon:
(A)
(B)
(C)
(D)
No Impact Insignif.
Insig. if May Be
M" d S' I
ltIgate 19m.
1. Significant archeological or historical sites, structures, objects or X 0 0 0
buildings.
The project site is currently developed and there are no known archaeological and/or historical
sites, structures, objects or buildings on the property. The existing building and the project site
are not listed on the City's Historic Resources Inventory List.
J.
Land Use
Elf h .
f h
va uatlOn 0 t e Impact 0 t e project upon:
1. Present and/or planned land uses in the area X 0 0 0
2. Population: The location, distribution, density or growth rate of the X D D D
human population in the area
3. Housing: Existing housing or demand for additional housing X 0 0 0
4. Transportation: A) The generation of substantial additional vehicular X 0 0 0
movement
B) Existing parking facilities, or demand for new parking X 0 0 0
C) Existing transportation systems X 0 0 0
D) Present patterns of circulation or movement of people and/or goods X D D D
E) Waterborne, rail or air traffic X 0 0 0
F) Traffic hazards to motor vehicles, bicyclists or pedestrians X 0 0 0
5. Recreation: The quality or quantity of existing recreational X D D D
opportunities
The proposed project as a three (3) unit residential development is consistent with the existing
and planned land uses in the area. The project site is surrounded by single-family residential to
the east and south, a townhouse development to the west and apartment to the north.
K.
Is the project consistent with:
[I. The General Plan
Yes
Ix
No
\0
Initial Study
1725 S. Bucknail Road - 3 unit residential project
Page 7
August 24, 1998
2. The Zoning Ordinance D X
3. Congestion Management Program X D
4. Other applicable land use controls X D
The project site is currently zoned R-1-6 (single-family residential, 6,000 square foot minimum
lot size); however, the General Plan designation for the site is Medium Density Residential,
which permits development up to 14-20 residential unit per gross acre. The proposed
development of three (3) units on site will result in a density of 8.9 units per gross acre, which is
consistent with the City's General Plan. The proposed zone change from R-1-6 to PD will allow
the proposed project to be consistent with the zoning designation of PD with approval of a
Planned Development Permit.
L.
Public Services and Utilities
Evaluation of the impact of the project upon:
(A) (B) (C) (D)
No Impact Insignif. Insig. if May Be
Mitigated Signif.
1. Fire Protection Services X D D D
2. Police Protection Services X D D D
3. Schools X D D D
4. Parks or other recreational facilities X D D D
5. Maintenance of public facilities, including roads X D D D
6. Other governmental services X D D D
7. Power or natural gas systems X D D D
8. Communication systems X D D D
9. Water systems X D D D
10. Sewer or septic tanks X D D D
11. Storm water drainage X D D D
12. Solid waste and disposal X D D D
The project will not require additional public services than already provided for the existing
residential neighborhood. The utilities for this project including water, power, storm drainage and
sewage disposal will tie into existing service mains and will not require new or altered service
systems.
Initial Study
1725 S. Bucknall Road - 3 unit residential project
Page 8
August 24, 1998
- .~ ...
M.
Mandatory Findings of Significance
Yes
No
1. Does the project have the potential to degrade the quality of the environment, 0 X
substantially reduce the habitat or a fish or wildlife species, cause a fish or
wildlife population to drop below self sustaining levels, threaten to eliminate a
plant or animal community, reduce the number or restrict the range of a rare or
endangered plant or animal or eliminate important examples of the major periods
of California history or prehistory?
2. Does the project have the potential to achieve short term goals to the D X
disadvantage of long term goals?
3. Does the project have impacts which are individually limited, but cumulatively 0 X
considerable? (A project may impact on two or more separate resources where
the impact on each resource is relatively small, but where the effect of the total
of those impacts on the environment is significant.)
4. Does the project have environmental effects which will cause substantial adverse 0 X
effects on human beings, either directly or indirectly?
III.
DETERMINATION AND RECOMMENDATION
On the basis of this initial evaluation and the information available, the environmental
coordinator has determined that:
(Check one)
X A) The proposed project could not have a significant effect on the environment. A Negative
Declaration should be prepared.
0 B) Although the proposed project could have a significant effect on the environment, there will
not be a significant effect in this case because the mitigation measured described on the
attached sheet(s) have been added to the project. A Negative Declaration should be prepared.
0 C) The proposed project may have a significant effect on the environment. An Environmental
Impact Report should be prepared.
Date:
~ ;; ~ I c¡ 'Î!Signature:
tM 7e.~: 7n~-L
Initial Study
1725 S. Bucknall Road - 3 unit residential project
Page 9
August 24, 1998
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IV.
SUPPLEMENTAL INFORMATION
Reference Documents:
I. CEQA Guidelines, 1994 version
2. Project Plans dated February 12, 1998 as received by the Planning Department
3. Campbell General Plan and Zoning Ordinance
Initial Study
1725 S. Bucknall Road - 3 unit residential project
Page 10
August 24, 1998
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CITY OF CAMPBELL
Community Development Department. Current Planning
August 19, 1998
Re:
ZC 98-01/PD 98-01/PM 98-01 - 1725 Bucknall Road
Dear Applicant:
Please be advised that the above-referenced application has been scheduled for the following
meeting(s):
Site and Architectural Review Committee Meeting
Date: Tuesday, August 25, 1998
Time: 6:00 p.m.
Location: Doetsch Conference Room, City Hall, 70 N. First Street, Campbell
Planning Commission Meeting
Date: Tuesday, September 8, 1998
Time: 7:30 p.m.
Location: City Hall Council Chambers, 70 N. First Street, Campbell
Should you have any questions or comments, please do not hesitate to contact me at (408) 866-
2140.
Sincerely,
4éÁ.; .Á~r ~d f-
Aki Irani
Planner I
cc:
Marko Duchich/John Vidovich/Bob Shaafer (Applicants/Property Owners)
c/o 875 Emory Avenue
Campbell, CA 95008
70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2140 . FAX 408.866.8381 . TOO 408.866.2790
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CITY OF CAMPBELL
Community Development Department. Current Planning
March 12, 1998
Mr. Marko Duchich
875 Emory Avenue
Campbell, CA 95008
RE:
Review of applications ZC 98-01, PD 98-01, and PM 98-01
Dear Mr. Duchich:
Upon review of your applications ZC 98-01, PD 98-01 and PM 98-01 for the proposed
development of a 3-unit residential project at 1725 S. Bucknall Road, the City has detennined
that some details were missing from the plan submittals as required by Attachment A of the
Planned Development and Tentative Parcel Map applications (please see attached). Therefore,
the applications are deemed incomplete at this time. Please find below the comments and
preliminary conditions from the various departments which have reviewed your project:
Planning Division:
Site Plan: The site plan appears to be missing some infonnation that is required per
Attachment A of the plot plan check list for the Planned Development Pennit. The missing
items include reference to recorded map(s) for the property, proposed street improvements
including the landscape parkway and street trees, any recorded or proposed easements and/or
dedications, setbacks of buildings on adjacent properties from the subject property, existing
trees (noting tree type, size and whether such tree is to be retained or removed) on site and on
adjacent properties along the property line, and proposed fencing.
In addition, it is further noted that the distance of the garage entrance to the public right-of-way
on the detached unit facing Bucknal1 Road does not comply with the City's parking
regulations. A minimum 25-foot distance between the public right-of-way and the garage
entrance is required. Please submit a revised site plan at your soonest convenience so that we
may re-review the site plan.
Public Works Department:
Tentative Parcel Map: As a follow-up to our meeting with you at the end of last month, it was
discussed that the Tentative Parcel Map was missing infonnation which is required per
Attachment A of the application. It appears that much of this infonnation has been provided
elsewhere on the plan submittals (i.e. the preliminary grading and drainage plans and the
topographic survey map). However, this infonnation must also be incorporated into the
70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2140 . FAX 408.866.8381 . roo 408.866.2790
ZC 98-01, PD 98-01, PM 98-01 - 1725 Bucknall Road
Page 2
Tentative Parcel Map. A project summary which describes the proposed and existing uses on
the site should also be included.
In addition, information pertaining to maintenance responsibilities for easements or common
lot areas regarding ingress, egress, landscape, utilities, grading and drainage and fencing
should be included on the map. A revised Tentative Parcel Map should be submitted for
review by the Public Works Department.
Central Fire District:
The Central Fire District has reviewed the applications and has submitted the following condition
for the project:
Required Access to Water Supply (Hydrants): Portions of the structure(s) are greater than 150
feet of travel distance from the centerline of the roadway containing public fire hydrants.
Provide an approved residential fire sprinkler system throughout all portions of the building of
Lot C.
Should you have any questions regarding the above referenced comments and conditions or
need additional information, please do not hesitate to contact me at the Community
Development Department at (408) 866-2142.
Sincerely,
Û-h ' K ~{/JU -
Aki R. Irani
Planner I
enclosure
cc:
Sharon Fierro, Senior Planner
Harold Housley, Land Development Engineer
Wayne Hokanson, Central Fire District
Lynne Birch, Project Architect
Steven Arnold, Civil Engineer
John Vidovich, Property Owner
Bob Shafer, Property Owner
File
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CITY OF CAMPBELL
Community Development Department. Current Planning
August 28, 1998
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Planning Commission of the City of Campbell has set the
time of 7:30 p.m., or shortly thereafter, on Tuesday, September 8, 1998, in the City Hall
Council Chambers, 70 North First Street, Campbell, California, for a Public Hearing to
consider the application of Public Hearing to consider the application of Mr. Marko
Duchich, Mr. John Vidovich and Mr. Bob Shafer for approved of a Zone Change (ZC 98-
01) from R-l (Single-Family Residential) to PD (Planned Development); a Planned
Development Pennit (PD 98-01) and Parcel Map (PM 98-01) to develop three residential
units on property located at 1725 Bucknall Road in an R-I-6 (Single Family Residential)
Zoning District. A Negative Declaration has been prepared for this project.
Interested persons may appear and be heard at this hearing. Please be advised that if you
challenge the nature of the above project in court, you may be limited to raising only
those issues you or someone else raised at the Public Hearing described in this Notice, or
in written correspondence delivered to the City of Campbell Planning Commission at, or
prior to, the Public Hearing. Questions may be addressed to the Community
Development Department at (408) 866-2140.
Decisions of the Planning Commission may be appealed to the City Council. Appeals
must be submitted to the City Clerk in writing within 10 calendar days of an action by the
Commission.
In compliance with the Americans with Disabilities Act, listening assistive devices are
available for all meetings held in the Council Chambers. If you require accommodation,
please contact the Community Development Department at (408) 866-2140, at least one
week in advance of the meeting.
PLANNING COMMISSION
CITY OF CAMPBELL
STEVE PIASECKI
SECRETARY
PLEASE NOTE:
When calling about this Notice,
please refer to File No. PD 98-01lZC 98-01/PM 98-01
Address: 1725 Bucknall Road
70 North First Street. Campbell, California 95008,1423 . TEL 408.866,2140 . FAX 408.866.8381 'TOO 408.866.2790
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Pacific Gas and
Electric Company
South Coast Area, Land Rights Office
111 Almaden Boulevard Suite 814
San Jose, CA 95113
August 17, 1998
CITY OF CAMPBELL
Aki Irani
70 North 1 st Street
Campbell, CA 95008
Re:
Tentative Parcel Map
1725 S Bucknall Road
Your File No PM 98-01
PG&E file No 0514L6-1537
RECEIVED
AUG 2 1 1998
CITY OF CAMPBELL
PLANNING DEPT. /
Mr. Aki Irani:
Thank you for the opportunity to provide comment to the proposed tentative map of the
property at the above referenced location. PG&E owns and operates a variety of gas
and electric facilities which (may be/are) located within the proposed project
boundaries. To promote the safe and reliable maintenance and operation of utility
facilities, the California Public Utilities Commission (CPUC) has mandated specific
clearance requirements between utility facilities and surrounding objects or
construction activities. To ensure compliance with these standards, project proponents
should coordinate with PG&E early in the development of their project plans. Any
proposed development plans should provide for unrestricted utility access and prevent
easement encroachments that might impair the safe and reliable maintenance and
operation of PG&E's facilities. Any tentative subdivision maps should be sent to this
office for review and comment.
Some examples of activities which could have an impact upon our facilities include
permanent/temporary changes in grade over or under our facilities; construction of
structures within or adjacent to PG&E's easements; and planting of certain types of
vegetation over or underneath our gas and electric facilities respectively.
Developers will be responsible for the cost associated with the relocation of existing
PG&E facilities to accommodate their proposed development. Relocation of gas and
electric facilities may require long lead time and are not always feasible, and developers
are encouraged to consult with PG&E early as possible in their planning stages.
Please contact me at 408.282.7546 if you have any questions regarding our comments.
We would also appreciate being copied on future correspondence regarding this subject
as this project develops.
Thank you
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Nicholas C. Arellano .-
Lead Land Technician
SeIDe AnzalMap reviewsI41/61537V6-1537,doc
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W'm Valley Transportation Authority
August 11, 1998
City of Campbell
Community Development Department
70 North First Street
Campbell, CA 95008
Attention:
Aki Irani, Planner I
Subject:
PM 98-01 / Vidovic at 1725 Bucknall Road
Dear Ms. Irani:
Santa Clara Valley Transportation Authority (VTA) have reviewed the project
referenced above for the tentative parcel map for the subdivision of approximately .33
acres at 1725 Bucknall Road into three residential lots with a fourth common lot. We
have the following comments.
Currently, VTA operates no bus service on Bucknall Road adjacent to the project site.
However, service is provided on Campbell Avenue, within walking distance of the site,
by Line 26.
Sidewalks and wheelchair curb ramps at intersections and driveways provide safe and
convenient access to transit services in the area. It appears that the project already
includes the construction of a sidewalk along the frontage of Bucknall Road. VTA staff
supports the City's efforts to make transit use more convenient and encourages the
City to continue to condition developers to provide these pedestrian improvements as
part of the projects.
We appreciate the opportunity to review this project. If you have any questions, please
call Lauren Bobadilla of my staff at (408) 321-5776.
~SinCerelY~.
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Environmental Program Manager
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3331 North First Street. Son Jose, CA 95134-1906. Administrotion 408.321.5555' Customer Service 408.321.2300
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CITY OF CAMPBELL
Community Development Department. Current Planning
August 7, 1998
Referral Agencies
RE:
Tentative Parcel Map (PM 98-01)
1725 S. Bucknall Road
APN: 403-36-094
Dear Referral Agency:
The Community Development Department has received a tentative parcel map
application for the subdivision of the above referenced project site into 3
residential lots with a fourth common lot. Also enclosed is the proposed site plan
for the project. Please forward any comments to the Community Development
Department by Au2ust 21. 1998.
Should you have any questions regarding this referral, please do not hesitate to
contact me at the Community Development Department at (408) 866-2142.
Sincerely,
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Aki R. Irani
Planner I
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enclosure:
Tentative Parcel Map
Distribution:
Health Department
United States Post Office
Santa Clara Valley Water District
Campbell Union School District
Cambrian Elementary School District
Moreland School District
PG&E
Pac Bell
San Jose Water Company
Transportation Agency
70 North First Street. Campbell, California 95008.1423 ' TEL 408,866,2140 . FAX 408.866,8381 . TOO 408.866.2790
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CITY OF CAMPBELL
Community Development Department. Current Planning
March 12, 1998
Mr. Marko Duchich
875 Emory Avenue
Campbell, CA 95008
RE:
Review of applications ZC 98-01, PD 98-01, and PM 98-01
Dear Mr. Duchich:
Upon review of your applications ZC 98-01, PD 98-01 and PM 98-01 for the proposed
development of a 3-unit residential project at 1725 S. Bucknall Road, the City has determined
that some details were missing from the plan submittals as required by Attachment A of the
Planned Development and Tentative Parcel Map applications (please see attached). Therefore,
the applications are deemed incomplete at this time. Please find below the comments and
preliminary conditions from the various departments which have reviewed your project:
Planning Division:
Site Plan: The site plan appears to be missing some information that is required per
Attachment A of the plot plan check list for the Planned Development Permit. The missing
items include reference to recorded map(s) for the property, proposed street improvements
including the landscape parkway and street trees, any recorded or proposed easements and/or
dedications, setbacks of buildings on adjacent properties from the subject property, existing
trees (noting tree type, size and whether such tree is to be retained or removed) on site and on
adjacent properties along the property line, and proposed fencing.
In addition, it is further noted that the distance of the garage entrance to the public right-of-way
on the detached unit facing Bucknall Road does not comply with the City's parking
regulations. A minimum 25-foot distance between the public right-of-way and the garage
entrance is required. Please submit a revised site plan at your soonest convenience so that we
may re-review the site plan.
Public Works Department:
Tentative Parcel Map: As a follow-up to our meeting with you at the end of last month, it was
discussed that the Tentative Parcel Map was missing information which is required per
Attachment A of the application. It appears that much of this information has been provided
elsewhere on the plan submittals (i.e. the preliminary grading and drainage plans and the
topographic survey map). However, this information must also be incorporated into the
70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2140 . FAX 408.866.8381 . TOO 408.866.2790
- ". ...
ZC 98-01, PD 98-01, PM 98-01- 1725 Bucknall Road
Page 2
Tentative Parcel Map. A project summary which describes the proposed and existing uses on
the site should also be included.
In addition, information pertaining to maintenance responsibilities for easements or common
lot areas regarding ingress, egress, landscape, utilities, grading and drainage and fencing
should be included on the map. A revised Tentative Parcel Map should be submitted for
review by the Public Works Department.
Central Fire District:
The Central Fire District has reviewed the applications and has submitted the following condition
for the project:
Required Access to Water Supply (Hydrants): Portions of the structure(s) are greater than 150
feet of travel distance from the centerline of the roadway containing public fire hydrants.
Provide an approved residential fire sprinkler system throughout all portions of the building of
Lot C.
Should you have any questions regarding the above referenced comments and conditions or
need additional information, please do not hesitate to contact me at the Community
Development Department at (408) 866-2142.
Sincerely,
Û-h'K~tUu'
Aki R. Irani
Planner I
enclosure
cc:
Sharon Fierro, Senior Planner
Harold Housley, Land Development Engineer
Wayne Hokanson, Central Fire District
Lynne Birch, Project Architect
Steven Arnold, Civil Engineer
John Vidovich, Property Owner
Bob Shafer, Property Owner
File
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CITY OF CAMPBELL
Community Development Department. Current Planning
Ms. Lynne Birch
536 Soquel Avenue
Santa Cruz, CA 95062
June 9, 1997
RE:
Pre-application (P A 97-35) for a residential development on property located at 1725
Bucknall Road
Dear Ms. Birch:
The Community Development Department has completed review of your application (P A 97-
35) for a proposed small lot, single family residential development of three (3) units on
property located at 1725 Bucknall Road and has detennined the following:
Planning Division:
1. The proposed project site is located within an R-I (Single family residential, 6,000 square
foot minimum lot size) zoning district; however, the General Plan designation for the site'
is Medium Density Residential, which allows 14 - 20 units per gross acre. In order to
develop the property as proposed, the project will require approval of three (3) separate
applications:
a. Zone Change application. The proposed project will require a zone change from
an R-l designation to a PD (Planned Development) zoning designation to allow
a subdivision for single family residences on lots less than 6,000 square feet
each and the creation of lots without street frontage. An application for a Zone
Change is enclosed and will require a fee of $3,225. This will require approval
by the City Council through a public hearing process.
b. Planned Development Pennit. The project will also require approval of a
Planned Development Pennit to allow construction within a PD zone. The
Planned Development Pennit approves the site plan and elevations for the
subject property. An application for a PD Pennit is enclosed and will require a
fee of $3,225. This will require approval by the City Council through a public
hearing process.
c. Parcel Map application. The project will require approval of a Tentative Parcel.
Map prior to approval of a final Parcel Map. An application for a Tentative
Parcel Map is enclosed and will require a fee of $2, 150.
2. The proposal for three (3) single family residences on small lots raises concerns about the
size of the proposed homes in relation to the lot sizes. The proposed homes at 2,410 square
70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2140 . FAX 408.866.8381 . TDD 408.866.2790
-. .....
feet each (including garage) appear to be rather large for the lots which average
approximately 3,000 square feet each. The Planning Division recommends that you explore
options to reduce the proposed size of the homes to the lot sizes by decreasing the size of the
homes, increasing the landscaping area around the homes (particularly along the front of the
homes) and/or attaching the rear units.
3. The Central Fire District has proposed that the width of the driveway may be reduced if the
entry and garage access to the front house is oriented toward Bucknall Road. This would
allow for a 12-foot wide driveway access to serve the two rear units and a separate driveway
access to the front unit facing Bucknall Road. This would also allow for an increase in the
landscaping area in front of the rear lots. The Planning Division is open to reviewing this
option as a means to reduce the scale of the proposed size of the homes to the lot sizes.
4. There is also concern regarding the parking configuration on site, particularly with respect to
the two (2) spaces at the end of the driveway adjacent to Unit 3. Please review options to
revise this parking situation.
5. The City's Architectural Advisor and the Planning Division requests that you submit
elevations for all sides of the residence for review and provide additional details on the
materials to be used on the residence. The City's Architectural Advisor suggests that more
attention be made to details on the homes and to reduce the "boxy" nature of the elevations.
6. A tree report should be submitted 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. It is highly encouraged to maintain existing trees on site. Any trees
proposed to be removed shall be required to meet the City's Water Efficient Landscaping
guidelines.
Central Fire District:
1. Flagged Lots: Flagged lots shall conform with all access and water supply requirements in
accordance with Fire Code Article 9. Contact Fire Department for applicable means of
compliance.
2. Fire Apparatus (Engine)Access Drivewav Required: Provide an access driveway with a
paved all weather surface and a minimum unobstructed width of 12 feet, vertical clearance
of 13 feet 6 inches, minimum circulating turning radius of 36 feet outside and 23 feet
inside, and a maximum slope of 15%. Installations shall conform to Fire Department
Standards Details and Specifications D-l.
3. Fire Department (Engine) Drivewav Turn Around Required: Provide an approved fire
department engine driveway turnaround with a minimum radius of 36 feet outside and 23
feet inside. Installations shall conform with Fire Department Standard Details and
Specifications D-l.
4. Required Access to Water Supply (Hydrants): Portions of the structure are greater than
150 feet of travel distance from the centerline of the roadway containing public fire
hydrants. Provide an on-site fire hydrant OR provide an approved residential fire sprinkler
2
, ._. . - ....
system throughout all portions of the building.
Public Works Department:
1. Public Street Improvements: Prepare plans, pay fees, post securities and provide insurance
as required to obtain encroachment pennit to construct public street imprvements, in
accordance with the City of Campbell's Standard Specifications and Details, on Hucknall
Road, as required by the City Engineer prior to issuance of building pennits for the site.
Public street improvements shall be prepared by a registered civil engineer licensed in the
State of California, and shall include the following:
a. New curb and gutter with curb face at 20 feet from centerline.
b. New pavement to centerline of required right-of-way plus an additional distance of
about 2' to 4' to confonn to existing pavement elevations based on a Traffic Index
of 7.5 and an R value provided by a qualified soils engineer.
c. New separated 5' sidewalk on the north side ofBucknall Road.
d. One new public street light.
e. New residential driveway approach.
f. Landscape and irrigation system for street trees and landscaping in the parkway.
g. New traffic control signs and pavement strips on Bucknall Road as detennined by
the City Engineer.
h. All water meters and sewer clean-outs on private property.
2. Right of Way: Provide right-of-way dedications as needed for a 30' half street prior to
recordation of the Final Map. .
3. Grading and Drainage Plan: Prior to issuance of any building pennits for the site, the
applicant shall prepare construction, grading and drainage plans for and conduct hydrology
studies, as necessary, to detennine the adequacy of the site drainage. Proposed plans and
studies shall be submitted to the City Engineer for review. All stonn drain run-off shall be
collected on-site and conveyed underground the City's existing stonn drain system using
12" minimum pipe. The drainage study shall be based upon a lO-year stonn frequency.
4. Parcel Map: Prior to issuance of any building pennit, the Parcel Map shall have been
approved by the City Engineer and recorded. The Tentative and Final Maps shall contain:
a. A Lot "A" for ingress, egress, drainage, Public Utility Easement, and related
improvements to serve the development; and
b. "Lot to lot" easements as necessary for drainage.
c. The submittal for City Engineer approval shall also contain: a current Preliminary
Title Report, Non-interference letters for existing easements and utilities, and a
security guaranteeing the cost of setting all monuments as shown on the Final Map.
5. Underground Utilities: In accordance with Section 20.36.150 of the Municipal Code,
utility facilities adequate to serve each lot shall be installed. All utility distribution.
facilities shall be placed underground, except as provided in said Section. 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 facilites.
3
._. ... ...
6. Completion of Public Street Improvements: Prior to approval of occupancy for the site, all
public street improvements required by the encroachment permit must be completed and
accepted by the City Engineer.
7. Storm Drain Area Fee: Prior to issuance of any building permits for the site, the applicant
shall pay the then current drain area fee which is now $2,000 per acre or $386.
8. Covenants. Conditions and Restrictions: The Covenants, Conditions and Restrictions shall
be submitted for review by the City Engineer prior to recordation of the Final Map. The
CC&Rs shall include management and maintenance provisions for the common areas.
9. Utility Connections: Coordination shall be made with the City of San Jose for all utility
connections.
10. Soils Report: The applicant shall provide a soils report prepared by a qualified
Geotechnical Engineer or Civil Engineer.
11. Storm Water Management: Comply with California Storm Water Best Management
Practices Handbook, prepared by Storm Water Quality Task Force, Santa Clara Valley
Water District.
12. Street Improvement Agreement: Execute a street improvement agreement and post
securities to guarantee the installation of the required street improvements.
13. Demolition of Existing Structures: Prior to recording of the Parcel Map, the applicant shall
obtain a permit from the Building Division for demolition of the existing structures on the
site.
Should you have any questions regarding the above referenced comments or need additional
information, please do not hesitate to contact me at the Community Development Department
at (408) 866-2142.
Sincerely,
@'Cf?r~
Aki R. Irani
Planner I
enclosure
cc:
Frank Cauthorn, Building Official
Harold Housley, Land Development Engineer
Tim Haley, Associate Planner
File
4
- .. .,..
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To: Frank Cauthorn
(Building Official of the City of Campbell)
From: Marko Duchich 866-0646
Jovan Vidovic 377-2535
Robert Schafer 377-2572
( Owners of the property at 1725 Bucknall Rd. Campbell, CA)
April 28, 1997
Subject: Your letter to of April 21,1997
Dear Mr. Cauthhorn
In your April 21, 1997 letter you stated that We had not as yet submitted any building
applications to either remedy the properties existing building code violations or to pursue
our expressed desire to tear down all the structures and build 3 houses as We stated to one
of the planning officials.
Be aware that We will tear down the existing structures and build three houses as stated.
We have hired an architect, Lynne Birch (408 - 427-3181), who has already been
speaking to people at the planning commission concerning the property.
From these conversations We mistakenly thought your department would be informed
that We were working on bring about our stated intent and so did not feel it necessary to
respond to your February letter.
Within the next 30 days our architect should have our application finished for your
review. She has agreed to spear head our efforts through the planning and approval phase
and to produce necessary construction documents for a building permit. We trust this
will be acceptable.
Please call us if there are any problems.
Thank You!
_OPt;/ II¥,
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Robert Schafer (
cc: Marko Duchich
Jovan Vidovic
Lynne Birch
Bucknl.doc
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