548 W. Hacienda Ave. (87-04)
¡-..-
\
\
CITY OF CAMPBEll
70 NORTH FIRST STREET
CAMPBELL. CALIFORNIA 95008
(408) 866-2100
FAX # (408) 379-2572
WIMBERLY
HELMS
KHUGER
QUINNEY
Department:
Public Works
May 6, 1992
Mr. RusS Aleshi
510 Beth Drive
San Jose, CA 95111
SUBJECT:
548 w. Hacienda Avenue
Dear Mr. Aleshi:
As you requested, below are the outstanding requirements that you
will need to fulfill prior to the Engineering Division's release
for the building permit and the issuance of the encroachment
permit:
0
Return two signed and notarized copies of the street
improvement agreement that was sent to you on March 4,
1991. I have enclosed two more copies in case you have
misplaced the previous agreements.
Post a surety for faithful performance in the amount of
$70,300 (contractors normally post a bond for this
surety) .
Pay the balance of the cash deposit in the amount of
$800.00 required for the encroachment permit.
pay the balance of the plan check and inspection fee in
the amount of $3,509.00 required for the encroachment
permit.
Provide current workers compensation and insurance
information required for the encroachment permit.
Provide a grading and drainage plan for review by the
City Engineer.
0
0
0
0
0
CITY OF CAMPBEll
When the above requirements have been completed the encroachment
permit will be issued and the Engineering Division will release
clearance to the Building Division for your building permit. The
Building Division may have other requirements that you would need
to fulfill prior to the issuance of your building permit. You
need to check with that Division for other requirements.
I hope this letter has been helpful to you. Please call Don King
or me at 866-2150 if you have any questions.
Sincerely,
1V~Q~-
Michelle QUinne~
Senior Civil Engineer
cc:
Frank Cauthorn, Building
Tim Haley, Planning
MQ:DEVLPMNT/R9103D
b~B~~M~Hî
'lliIS AGREEMENT (identified as No.P1d 32 ) made and entered
into this day of , 19_, by and
between JA VNJ ALESHI, roALIL ALESHI, AND RASSaJL ALESHI
hereinafter referred to as "owner," am the CITY OF CAMPBErL, a
nnmicipal corporation of the County of Santa Clara, State of
California, hereinafter referred to as "city."
WHEREAS, on August 8, 1990 City granted conditional
approval of m 90-10 for a parcel map on that certain real
property described in exhibit "A" attached, and incorporated
herein as though fully set forth am COltI11DIÙy knoWn as, 548
Hacienda Avenue which property is hereinafter referred to as
"said real property" ~
WHEREAS , compliance with the tenns and conditions of this
agreerænt are conditions to the final map approval of alx>ve
described three lot residential sul:xti vision ~
NCM, 'lHEREFŒE, IN OONSIDERATION OF '!HE AOOVE-MENI'IONED
APPROVAL, and satisfaction of the conditions to that approval,
( 1) owner shall provide, construct and/or install at
his own proper cost and expense, pmlic street improvements as
described in section 11. 24 . 040 of the city Code within 12
nonths from the date first nentioned hereinabove: provided,
however that in the compItation of said 12 nonths period,
delays due to, or caused by acts of Gai, viz., unusally
inclement \>æather, major strikes, am other delay beyond the
control of ONner or his successors shall be excluded.
(2) It is expressly understood am agreed to that if
ONner shall fail to complete the work required by this
Agreement within the said 12 nonth period, the city, after
giving ten (10) days written notice thereof to ONner, or his
successors, may construct and/or install said improvements and
recover the full cost and expense thereof from owner, or his
successors .
( 3 ) ONner, or his successors, shall cause to be prepared
at his cost and expense improvement plans for the construc-
tion and/or installation of said improvements prior to such
construction or installation. said plans shall be prepared by
a civil engineer registered by the State of california and
suDnitted to the city Engineer for examination am approval.
.
All of said improvements shall be constructed am/or
installed in accordance with those plans awroved by the City
Engineer and shall be made under the supervision and inspection
am to the satisfaction of the city Engineer. said
construction and/or installation shall be in accordance with
the existing ordinances and resolutions of the City of eætpJell
and to all plans, specifications, standards, sizes, lines and
grades awroved by the City Engineer, and all State am COtmty
statutes applicable thereto. Upon completion and acceptance of
the improvements by city, owner, or his successors, shall
provide reproducible as-blil t plans to the City Engineer.
( 4 ) '!he construction work of the improvements embraced by
this agreement shall be done in accordance with the specifica-
tions of the City of Call1IiJell am Sanitation District No. 4 of
Santa Clara COtmty, where indicated.
( 5 ) Prior to approval of the plans by the City Engineer
p.æsuant to Section (3) of this Agreement, ONner, or his
successors , shall pay to the city for examination of
improvement plans, field inspection of construction of
improvements and all necessary expenses incurred by city in
connection with said improvements, a sum in the am:>m1t of ten
percent (10%) of the estimated cost of the improvements at the
ti1ue of construction .
(6) ONner, or his successors, shall file with city, prior
to awroval of the plans by the city Engineer, surety
acceptable to the City in the aI1X)1.ll1t of SE.VENTY 'lliOOSAND WREE
HUNDRED OOUARS ($70,300.00) to insure full and faithful
performance of the construction of all the aforerœntioned
improvement work, excluding sanitary sewers am water
distril:ution system. said surety shall guarantee that ONner,
and his successors, will correct any defects which may appear
in said improvement work wi thin one (1) year from the date of
acceptance of the work by city and pay for any damage to other
work resulting from the construction thereof, as well as pay
the cost of all labor and materials involved. '!his surety shall
remain in effect until one ( 1) year after date of final
acceptance of said improvements by city. said surety anount may
be reduced by the City Engineer after the date of final
acceptance to not less than twenty-five (25) percent of its
full value.
(7) Upon final release of said surety by city, the
obligations of ONner, and his successors, contained in this
Agreement shall be considered null and void.
(8) When called upon by city to do so, 0Nner, or his
2
successors, will execute a petition for the formation of any
special assessment district created pn-suant to any special
assessment act as provided in the streets and Highways COde of
the State of California created for the pJrpOSe of constructing
and/or installing any or all of said improvements.
( 9 ) ONner, or his ~rs, shall participate in and
becOIte a part of any special assessment district as described
in paragraph (8 ) of this AgreeIISIt.
It is expressly understood that any obligations of ONner,
or his successors, contained in this Agreement that are
accomplished to the satisfaction of said city Engineer by said
special assessment district shall be considered null and void.
(lO) ONner, or his successors, shall make such deposits
or file such bonds and enter into such agreement as required by
sam tation District No.4 of Santa Clara County to insure the
installation of a sanitary sewage system to serve said real
property, and ONner, or his successors, shall file with City,
upon execution of this Agreement, a letter from said sam tation
District No.4 stating that owner, or his successors, have made
such deposits or filed such bonds and entered into such
agreerænts .
(l1) ONner, or his his successors, shall pay to Pacific Gas
and Electric eampany any and all fees required for installation
of underground wiring circuit to all electroliers within said
real property when owner, or his successors, is notified by
either the City Engineer or the Pacific Gas and Electric
eampany that said fees are due and payable. owner's, and his
successors', obligations under this section shall not be
relieved by delay or the passage of time, b.1t shall remain
binding indefinitely and forever.
( 12) owner, or his successors, shall make such deposits
or file such bonds am enter into such agreement as required by
San Jose Water company when called upon to do so to insure the
installation of a water distribItion system to serve said real
property, including fire hydrant. Q¡,mer's, and his
successors', obligations under this section shall not be
relieved by delay or the passage of time, b.1t shall bind ONner
and successors indefinitely am forever.
(13) MY easement and right of way within or without said
real property necessary for the completion of the i.nq;Iroverœnts
shown upon aforesaid improvement plans shall be acquired by
ONner, or his successors, at his own cost and expense. It is
provided, however, that in the event eminent danain proceedings
are required for the purpose of securing said easement and
3
right of way, owner, or his successors, shall deposit or cause
to be deposited with City a sum covering the reasonable market
value of the land proposed to be taken and to be included in
said smn shall be a reasonable allowance for severance damages,
if any. It is further provided that in addition thereto such
sums as may be required for legal fees and costs, engineering
and other incidental costs shall be deposited with the city.
( 14 ) ONner, or his successors, shall carry out any and
all negotiations with all interested parties and shall perform
or cause to be perfonned at his own cost am expense am to the
satisfaction of the city Engineer arrý and all work required to
abandon, renDVe, raise, lCMer, relooate and othet:WÏse nOOify
irrigation line or lines within the bc>1.1OOary of said real
property .
( 15 ) 'Ib the fullest extent permitted by law, ONner, and
his successors, shall :inderm1ify, deferrl am hold the City of
campbell, and its agents, employees, attorneys, officers,
officials and assignees harmless from any am all clailns,
damages, losses and expenses, including, rot not limited to,
attorneys' fees, arising out of, or resulting from any
negligent or intentional act or omission (including misconduct)
of said ONner, or his successors, or any sul.u>Ittractor, or
arrýone directly or indirectly employed by him, or anyone for
\oà1ose acts any of them may be liable in the course of
performance of the Agreement.
'!he ONner, and his successors, shall also indemnify, deferrl
and hold the City of eætpJell, and its agents, attorneys ,
employees, officers, officials, and assignees harmless against
and from any and all clailns, demands, liabilities, losses,
lawsuits, judgIoonts , damages, costs and expenses ( including ,
rot not limited to, attorneys' fees am court costs, whether
incurred at trial, appellate or administrative levels) which
the City of campbell may incur or suffer, or to which the City
of ~ll may be subjected resulting from the failure of
owner, or his successors, or his agents, employees ,
subcontractors, or anyone performing services under him, to
fulfill any of the obligations imposed under this Agreement.
( 16) It is acknowledged that the provisions of this
Agreement constitute covenants for the improvement of the
subject real property for the mutual benefit of owner's
property, CO11IlDIÙy known as 548 Hacienda Avenue, and the city's
property, CO11IlDIÙy described as Hacierrla Avenue where it
adjoins ONner's property. '1hese covenants shall be considered
to affect rights in the alx>ve-described real properties, and
shall be binding on the heirs, assigns, successors , and
grantees of 0Nner to said real property.
4
CHmR :
( 17) Nothing contained herein shall be construed to transfer
aTr1 \mVested interests in real or personal property for
p.1I'pOSe5 of the rule against perpetuities.
( 18 ) In the event that owner, or his sucx::essors, should
breach aTr1 of the terms, conditions, or ccwenants of this
Agreement, the City shall be enti tied to recover, in addition
to aTr1 other relief available in law or equity, all costs
incurred in attempting to obtain enforcenert of the AgreeIœI1t,
or compensation for such breach. '!hese costs shall include
reasonable attorneys' fees and court costs.
(19) '!his is the entire Agreement between the parties, and
there are no representations, agreements , arrangements or
understandings that are not fully expressed herein.
( 20) '!his Agreement can be executed in counterparts by the
parties hereto, and as so executed shall consist of one
a.greerœmt, binding on all the parties.
IN WI'INESS WHERIDF, said City has caused its nane to be
affixed by its Mayor and City Clerk, who are duly authorized by
resolution of the City Council, and said ONner has caused his
nanwa to be affixed the day and year first above written.
APPROVED AS '10 FORM :
CITY OF CAMPBELL
william R. Seligmann,
City Attorney
Donald R. Burr, Mayor
Barbara Kee, City Clerk
Javad Aleshi
Rassoul Al eshi
Djalil Aleshi
5
EXHIBIT "A"
All that certain real property situate in the city of Cam¡iJel1, CO\mty of
Santa Clara, State of California described as follows:
IDt 1, as shown on that certain map entitled Tract No. 172 San Tamas
Haciendas, which map was filed for record in the office of theRecorder of
the County of Santa Clara, State of California on January 27, 1941 in Book
5 of Maps at page 35:
EXClP.rING 'IHEREFRCM that certain portion of said IDt 1 conveyed to Harry
c. Windell and Eva G. Windell by Deed dated sept:eniJer 16, 1955 and
recorded september 21, 1955 in Book 3285 of Santa Clara County Official
Records at page 338:
EX~I'ING 'IHEREFRCM AI.ro that certain portion of said IDt 1 conveyed to
Clinton T. Broughton and Betty B. Broughton by Deed dat4ed August 17, 1959
and recorded August 17, 1959 in Book 4515 of Santa Clara COtmty Official
Records at page 654.
6
Public Works
March 4, 1991
Mr. Russ Aleshi
510 Beth Drive
San Jose, CA 95111
SUBJECT:
548 W. Hacienda Avenue
Dear Mr. Aleshi:
We have received your letter dated February 25, 1992 regarding
documents you wish to use to replace the need for a letter of
credit or bond to secure the street improvement obligation for
development of 548 Hacienda Avenue. The letter you have provided
from your bank is not adequate for our purposes.
The city needs a form of security that insures faithful
performance of the street improvement obligation. As we have
discussed, if the City had to fulfill the street improvement
obligation, the cost is estimated to be $70,300. For this
reason, the City needs this amount secured to assure fulfillment
of the street improvement obligation. Once the street
improvements are installed and accepted by the city, 75% of this
amount is returned or released. The remaining 25% is retained as
a maintenance bond for one year beyond the date of acceptance of
the improvements.
Our Public Works Director has indicated that he is willing to
work with you to find some form of surety that will satisfy both
of our objectives. He mentioned to you there may be a possiblity
of working with the bank that has issued the construction loan
for your project. Issuance of a "set-aside" letter from your
bank would be an acceptable form of surety if it contained the
items listed below. A set-aside letter is essentially a letter
of credit issued by the bank who is holding your construction
loan. The "set-aside" letter needs to contain the following
agreements:
0
The bank has set aside an amount of $70,300 within your
construction loan to guarantee fulfillment of your
street improvement obligation
0
In the event that the street improvement obligation is
not completed to the City's satisfaction, the bank will
Pay the cash deposit of $2,812.0~ required for .the .)
encroachment permit. (\t.~s ~v~~ F ~7 012 :::: , foò ~
Pay the plan check and inspection fee of $7,030.00 ~
required for the encroachment permit. (LtM ~Ir~ pa.~ "
1 '3, fJ-,çc.
Provide current workers compensation and insurance
information required for the encroachment permit. :: N 35?Yì~'::'
þ)
make these funds ($70,300) available to the city for
completing the street improvement obligation
0
The set-aside amount will not be released until the
city has formally accepted the improvements
0
Once the city has accepted the improvements, 25% of the
set-aside amount ($17,575) will be set-aside by the
bank for an additional year to cover the maintenance
period
0
The 25% retention shall not be released until the City
authorizes the release of the maintenance surety.
If you would like to have your bank draft such a letter and send
it to my attention, I will have it reviewed by the City Engineer
and City Attorney.
I would also like to take this opportunity to outline the
outstanding requirements that you will need to fulfill prior to
release of the building permits and the encroachment permit:
0
Pay park fees of $8,057.00.
0
Sign and have notarized two copies of the enclosed
street improvement agreement and return both copies.
0
Post a surety for faithful performance (or set-aside
letter as described above) in the amount of $70,300.
0
0
0
0
Provide a grading and drainage plan for review by the
City Engineer.
When the above requirements have been completed the encroachment
permit will be issued and the Engineering Division will release
clearance to the Building Division for your building permit. The
Building Division may have other requirements that you would need
to fulfill prior to the issuance of your building permit. You
need to check with that Division for other requirements.
I hope this letter has been helpful to you. Please call Don King
or me at 866-2150 if you have any questions.
Sincerely,
Michelle Quinney
Senior Civil Engineer
cc:
Frank Cauthorn, Building
Tim Haley, Planning
MQ:DEVLPMNT/R9103C
TO:
City Clerk
PUBLIC WORKS FILE NO. ?/d
íf I - nq
" '-'
Please collect & receipt
for the following monies:
35-3396
ACCT ITEM AMOUNT RECEIPT NO.
3372
3521
3521
3521
Project Revenue (specify project)
Public Works Encroachment Permit Fees:
Application Fee
Plan Check Deposit
Faithful Performance (Cash) Deposit
$
Other Cash Deposit (specify)
($105)
($500)
(100% of)
(ENGR. EST)
(4%of FPB)
($500 min.)
3372
3373
3373
3373
3373
3372
3372
3372
3372
3372
3370
3380
(3395'":)
""3510
Plan Check & Inspection Fee ($0 - $100,00010%;
$100,000 - $500,0009%; $500,000 and above 7%; $100 min.)
Project Plans & Specifications
General Conditions, Standard Provisions & Details ($10 or $1/page)
"No Parking" signs ($1/ea. or $25/100)
Copies of Engineering Maps & Plans ($.50/sq.ft)
Final Parcel Map Filing Fee ($475 + $21/ per lot)
Final Tract Map Filing Fee ($525 + $21/ per lot)
Lot Line Adjustment Fee/Certificate of Compliance ($420)
Vacation of Public Streets and Easements ($500)
Assessment Segregation or Reapportionment
First Split ($500)
Each Additional Lot ($150)
Storm Drainage Area Fee per Acre (R-1, $1,875;
Multi-Res., $2,060; all other, $2,250)
Public Works Special Projects
Park Dedication In-lieu Fee
Postage
f3057~ I
7,)0
<?O,(, '.-
NAME OF APPLICANT
ADDRESS
FOR
CITY CLERK
ONLY
TOTAL
$
')/1)
I,ill ;:'>() 1/ / A It':';!., ,
/'¡;, ff¡ /J/ / t'.,.>
ZIP
<?s//I
PHONE
RECEIVED BY
DATE
, I
' ,,;.-
, "
._~-_. .--. .-...----------.-...---.--..----------.---... . .----------..----. ...--.---. .-------. ..--..-----.-------..-----
- ----. -.. -- - ------.---- - -- --
("---- -
(
i
CITY OF CAMPBEll
70 NORTH FIRST STREET
CAMPBELL. CALIFORNIA 95008
(408) 866-2100
FAX # (408) 379-2572
WIMBERLY
HEU~S
BOLLIER
KRUGER
QU\NNEY
\<-I~{;
Department: Public Works
July 24, 1991
Mr. Aleshi
510 Beth Drive
San Jose, CA 95111
SUBJECT:
548 HACIENDA
Dear Mr. Aleshi:
I have compiled the following history of your efforts to develop
the property at 548 Hacienda Avenue. I hope this will help you
understand why the Public Works Director and I do not support
waiving any portion of the park dedication fees.
2-16-88
5-6-88
5-16-88
5-27-88
8-1-88
11-3-88
11-27-88
PD 87-04 was approved by city council for construction
of two units on the property. conditions placed on the
approval of this PD included the filing of a parcel map
creating the two lots, and obtaining an excavation
permit to install street improvements. construction
was also to begin within one year.
A
A tentative parcel map for the two lots was filed.
tentative map filing fee of $350 was collected.
PM 88-06, the tentative parcel map for the 2 lot split
was approved. Park dedication fees were required as a
condition of approval of the final map. The fees were
set at $1,132/lot = $2,264.
Application for an encroachment permit (88-151) and
plans for street improvements were submitted to the
Public Works Department. plan check deposit ($500) and
application fee ($50) paid.
Final map for two lot split submitted.
fee paid.
No final map
Improvement plans approved.
Permit never pulled.
expired.
Encroachment permit application
1-20-89
1-20-89
2-16-89
10-3-89
10-5-89
10-12-89
4-26-90
5-16-90
6-90
7-1-90
7-10-90
8-8-90
8-14-90
8-24-90
Final map filing fee of $300 paid and park fee of
$2,264 paid. other encroachment permit fees paid
(faithful performance deposit $2,012, plan check and
inspection fee $3,521).
Applicant notified that encroachment permit application
(88-151) had expired. Offered additional 60 day
extension. No response from applicant.
PD 87-04 expired.
city council approved PD 89-15 for three townhomes.
Construction was to begin within one year. Conditions
of approval required obtaining an encroachment permit,
installation of standard street improvements, payment
of storm drain fees, filing a parcel map.
Application for encroachment permit (89-305) received.
Plans, and $50 encroachment permit application fee
submitted.
Encroachment permit application (89-305) expired on 4-
5-90. 6 month extension granted over phone.
PM 88-06 expired per Map Act.
New final parcel map with three lots submitted for
approval. No tentative map submitted for the three lot
configuration. Planning Director agreed to review the
final map as the tentative submittal (PM 90-10).
Public Works Director updates value of land for park
dedication fees. New park fees raised to
$4, 548/parcel.
Faithful performance bond of $50,300 posted (as
required by encroachment permit 89-305).
Tentative map (PM 90-10) approved. Conditions of
approval included filing a final map, installing street
improvements, paying storm fees of $400, and park fees
of $5,887 (3 units @ $2,717 less the amount of park fee
paid previously, $2,264 - Used fees that were in effect
at the time the map was submitted for review).
Park fees of $5,887 and storm fees of $400 paid (as
required by tentative map approval PM 90-10).
Improvement plans approved.
8-27-90
9-14-90
10-5-90
11-1-90
11-1-90
11-2-90
6-11-91
6-24-91
7-2-91
Final parcel map signed and given to Valley Title for
recording. (There is no record of the street
improvement agreement being executed, as required by
tentative map approval PM 90-10).
Planning Department notified applicant that PD 89-15
would expire on November 2, 1990. The applicant was
informed that unless construction began within the next
few weeks, an application for an extension of time was
required. This application for an extension was to be
done prior to expiration of the original PD approval.
Additional 2 month extension granted for encroachment
permit application 89-305.
Encroachment permit 89-305 issued.
Refund of cash deposit for encroachment permit 88-151
returned. (This was in error since the cash deposit
for permit 88-151 was to be applied to the new permit
application 89-305. Applicant now owes the cash
deposit of $500 for permit 89-305.)
PD 89-15 expired.
Planning commission recommended approval of R 91-03.
Conditions of approval were to obtain an encroachment
permit, install standard street improvements, pay storm
fees, file a parcel map, provide grading and drainage
plans for review. Unfortunately, the Planning
Department did not incorporate Public Works conditions
into their report, and the need to assess the current
park dedication fees did not appear in the conditions.
Public Works sent a letter to the applicant regarding
the new park fees that are due under the City's current
ordinance. These were $4,548/parcel. Applicant was
notified that a total of $8,057 is due in park fees
(3 parcels x $4,548 less previously paid park fee of
$5,587).
Public Works met with the applicant to discuss the park
fee requirement. The applicant explained that he
thought if he pulled the encroachment permit, his PD
would not expire. The applicant believed that he could
have obtained the clearances required in order to pull
the building permit by 11-2-91 but thought that the
encroachment permit was all he needed to complete in
order to maintain his valid PD. Staff reviewed all
remaining conditions that need to be satisfied prior to
applicant obtaining the building permit for this
property. A clearance from the Sanitation District,
School District, and Fire Department are needed as well
as resolution of the park fee issue. Staff agreed to
7-2-91
look into the park fee requirement and get back to him.
City Council approved R 91-03 to reinstate the previous
planned development permit. The reinstatement requires
construction to begin within one year.
9-26-91
Park fees revised per city council Ordinance 1836.
Should R 91-03 expire, new fees will be applied to the
next development permit.
Insurance required by the encroachment permit will
expire.
7-5-91
11-1-91
Encroachment permit 89-304 will expire.
I hope this will help you understand why the Public Works
Director and I do not support waiving any portion of the park
dedication fees. We can all see that this has been a long,
involved and drawn out process. Plans for the development of
your parcel have changed just as the requirements for
developments within the City of Campbell have changed. The City
is constantly evolving to keep pace with current events.
Conditions placed on developments today are much different than
those placed on developments only a few years ago. Future
conditions promise to be much different than those placed today.
Because of this constant evolution, it is necessary to put time
limitations on all permit issuing processes.
For these reasons it is not prudent for City staff to apply
outdated conditions to permits that have expired. There is also
the fact that you were notified of the potential expiration of
your permit. The Planning Department cautioned that any permit
extension needed to be applied for before the expiration date of
the current development permit.
You had made the point that if you had obtained the clearances
required by the Building Division by November 2, 1990, the PD
would not have expired and the park fee requirement would have
been satisfied. The City would have received $2,717 per unit in
lieu of dedicating land for parks. If this were the case, PD 89-
15 would still be in effect and construction of your development
would be required to be completed by November 2, 1991.
with the reinstatement R91-03, you have until July 2, 1992 to
begin construction of your development, and have an additional
year within which to complete the construction. This could in
effect extend your permit until July 1, 1993. For this reason,
collection of park fees at the 1989 rate of $2,717 per unit is
not acceptable. If your development were to be reviewed today,
the park fees required would be $6,615 per unit.
In summary, prior to obtaining a building permit, you will need
to pay additional park fees of $8,057 (3 units x $4,548 less
previously paid park fees of $5,587). A street improvement
agreement was transmitted to your engineer in May of 1988. We
are unable to find a copy of the executed agreement in our files.
Regardless, this agreement from 1988 is also outdated and we will
need to prepare a new agreement for you to sign and have
notarized. Please contact Jim Penoyer in our office when you are
ready to pay the park fees and obtain the street improvement
agreements.
I would also like to bring to your attention that the insurance
provided for the encroachment permit will expire on September 26,
1991. The encroachment permit will become invalid if this
insurance is allowed to lapse. The encroachment permit itself
will expire on December 1, 1991. Please contact Don King in our
office to determine how these can be extended.
Also, as discussed with the Building Division on July 2, 1991,
clearances from the Fire, West Valley Sanitation District and the
School District are still needed.
I have attached for your reference a copy of the appeal process
as outlined in the City of Campbell Municipal Code. I am also
available to answer any further questions you may have regarding
this issue. I can be reached at 866-2162.
Sincerely,
l1iuUL ([) LUt:7
Michelle Quinney
Senior civil Engineer
Attachments:
Appeal process
cc:
Frank Cauthorn, Building Official
Gloria Sciara, Planning
MQ:R9103B
Chapter 20.44
APPEALS
Sections:
20.44.010
20.44.020
20.44.030
Notice.
Report.
Action by city council.
20.44.010 Notice. Appeal may be made from any decision,
determination or requirement of the planning commission or
city engineer by filing a notice thereof in writing with
the city clerk within ten days after such decision or deter-
mination or requirement is made. Such notice shall set
forth in detail the action and tha grounds upon which the
subdivider deems himself aggrieved. (Ord. 1619 Sl(part),
1986) .
20.44.020 Re~ort. The c~ty clerk shall report the
filing of such not1ce to the planning commission and the
city council by the one whose decision, determination or
requirement is being appealed. (Ord. 1619 Sl{part), 1986).
. at it;O~:~tO;~gut~;i~:e~n~i~l~~~~~ltbeT~~l~~YO~O~~il
appeal, or within ten days following the filing thereof,
shall set the appeal for hearing to be held within twenty-
one days thereafter and such hearing may for good cause be
continued by order of the city council. Upon the hearing of
the appeal, the city council may overrule or modify the
313
(Campbell 2/87)
20..48.010--20.52.010
decision, determination or requirement appealed from and
enter any such order or orders as are ùrharmony with the
spirit and purpose of this chapter, and such disposition
of the appeal shall be final. (Ord.. ~19 §l (part), 1986).
¡
\
~~f-. ~ ~
/'. /If) (~ili - ~ ~
.1'/ ~
February 25, 1992
Russ Ale~:;hi
:,10 Beth Dr.
San Jose, Ca. 95111
(408) 224--4777
Att:Mr. Don WiJll~
Public works Director
70 N. First st.
Campbell, Ca. 95008
~Ol~-
~\€Ú S E'- lc,~ '-{ <:>VF
50 -\-r, Çt --Ç;CC.. '^"' ~ C>v-
"",...sC("- ~ ~ ~
Dear Mr. Wimberly,
Thank you [or prompt respond and attempting in solving
my project difficultly. As you have advised I have prepared
necessary documents that will replace Lc/Bond. In these
letters not only fund is guaranteed also commitment from
construction company to start the project with no delay.
Project will start immediately there is no need for
collection of deposit that has stopped my project.
Please direct the appropriate personal to coordinate in
pulling my permit, Every thing else is ready to start on
this little project and make City of Campbell more
beautiful. Once again I am deeply thankful for your
understanding.
'1.(~(?L
~J
,~ \u-r~
~
CUPER¡INQ
NATIONAL BANI(
February 20, 1992
Rassoul Aleshi
510 Beth Drive
San Jose, CA 95111
SUBJECT:
Three
P.U.D.
units
to
be
built
at
Hac;enA,,/'XT,,1n11t A '7"'1".11'" r"~""",ho11 r' ¿
. HULL, . W &;ü....... I .......<i......., "'-A.Uht"""'. , '-'< ...
Dear Mr. Aleshi:
I am writing to confirm your loan approval from Cupertino
National Bank. Cupertino National Bank Loan Committee has
approved a construction loan in the amount of $499,500 for the
above subject. The loan commitment will cover your site
development cost, hard cost, interest reserve and loan fee.
Also, JRT Construction has approved to be the general
contractor of the subject improvement.
Should you have any questions, please feel free to contact me.
Sincerely,
,~
~ilia K. Fu
,,'l/A VP /Construction Loans
CKF/df
20230 Stevens Creek Boulevard. PO L\OX j 350. CuperTino. Ccllifornìct 950 15- 350
Telephone ¡40S, C)C)(:¡- ¡ ¡ 44 FAX 1408 996-0657
JRT Construction
Company
18191 Saratoga-Los Gatos Road
Monte Sereno, CA 95030
Tel. 408.354.1980
Fax 408.354.6176
FEBRUARY 21, 1992
CITY OF CAMPBELL
PUBLIC WORKS DEPT.
70 N. FIRST ST.
CAMPBELL, CA. 95008
A IT: DON WIMBERLY
J.R.T. CONSTRUCTION CO. HAS SIGNED A CONTRACT WITH THE ALESI-ll
BROTHERS TO BUILD THREE HOUSES ON 548-550 HACIENDA AVE.,
IN THE CITY OF CAMPBELL.
WE ARE ALSO APPROVED BY CUPERTINO NATIONAL BANK, THE PROJECT
LENDER.
INCLUDED IN THE CONTRUCTION BUDGET IS ALL OF THE OFFSITE WORK
THAT HAS BEEN ESTIMATED BY THE CITY OF CAMPBELL, CITY ENGINEERS
CONSTRUCTION ESTIMATE, REF. NO.: 89-305, DATE 11-19-91.
J.R.T. WILL USE ITS BEST EFFORTS TO COMPLETE THE OFFSITE PORTION OF
THE WORK AS RAPIDLY AS POSSIBLE, KEEPING IN MIND, THE NECESSARY
STAGES OF INSPECTION AND CONSTRUCTION.
IF YOU HAVE ANY QUESTIONS, PLEASE CALL ME AT YOUR EARLIEST
CONVENIENCE.
SINCEREL Y,
/¥#J
L--/ JEFF TAYLOR
en. Cf CtH:~., cn... 8iùH!E9'PS cr1~m.'cr1(}J EST¡¡¡"\~
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TO:
City Clerk
PUBLIC WORKS FILE NO.~~-\c::s.1
P1ease co11ect & receipt
for the fo11owing monies:
AMourn
$
R-l :
($'3S)
- ~ ;tl.ol q)
1£ )ð\,-. co
C~ CJ;;Lo J-
~ =s\cs.,- \ - ~ ò
Depos i t
Plan Check & Inspection Fee
Other Cash Deposit (specify)
3373
3373
-:J _.0 (¡2.. Ú>~ \
3372
3370
3380
3510
NAME
Mu It i-Res. ,
'J- "Z.. <;. 'I L ~;t~
Pub1ic Works Specia1 Projects
Pos tage
TOTAL
,
Vt!:>?7,oÐ
$~G:::...~' .C>CL
Pt«)NE ~~._~cÝ'
~r:.:::::.'-I~~
6L-~~\
ADDRESS -z...'[ £- \ ~~ðU~ ~. ~ù ~ð~e l
zIP<1~\l1
FOR
C I TV CLERK
ONLY
RECEIPT NO.
July, 1987
ANOI.HT PAID
RECEIVED BY
DATE'
CITY OF CAKPIEu., CITY ENGINEER' S CONSTRUCTION COST ESTlMATE
Addre.. Stf8 tA/. rrl4c /E A<¿)4
Surfaee CDn.~rue~iDn
Claar in¡ & ÇrYbbin¡
Sa.cut Concrete
Concrate aa.oval
Curb & Cuttar aa.oval
II11ot Drain .im Pipe
Curb & Cutter
I1da.alk
Dr1va.ay Approach
Handicap 1a8p
btrwled CuR
lan1cada
Street Escavation
AC Pave_nt
AdjU8t Manhola to Çrada
Adjust Handhola to Çrada
lIotI\8ent lox _/IIotI\8ent
Street Tree (15'f811on)
Pav..nt Sn1pin¡ ($100 8111)
Pave..nt La¡mda ($100 .1n)
Stop. Street ø... or Other S1m
Pava_nt Marker.
Pav...nt ltay Cut
Lu8p s- EIIt1aate
LF@ $ 4.00
SF @ 3.00
LF@ 5.00
EA@ 600.00
c,,' /
1:.-"' LF@ 14.00
G.s.J SF @ 4.00
~/5 SF @ 5.50
/ lA' 400.00
LF t 1.50
á: ifg, U . .0.0' ",Il-
I "2.. SF)a($0.10)x~.)
~~ ~
(ZP,Zt"ð Sr)a($0.30)xcl.)
/
2- EA t 275.00
IAt
375.00
Perai t No. 78' -- (S I
b~date .,;-'. 17-l?'£f
- $ :3ðtXJ,c-1/
- $
- $
EAt '00.00
J- IAt 300.00
It 7 LF t 0.65
IAt 40.00
EA@ 120.00
-:L'-( EAt 15.00
LF@ 10.00
- $
- $
- $ ...2.,531(- õJ
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GOO.i):)
. ~o3 ,-Ç,Ç
Surface Subtotal
.S'
.3 c..ó LlO
- $
- $
- $.3~g1/.6,:)
,
-0-
Suaat Li.h~in.
Adjust for .1&e: .S'<$30,ooo a44 20\, .5'>$100,000 8Ubtract lOt (+ or -) $
Klactrol1u
~1t
Conductor. pair
Pull lox
StDno Draina..
12- or U' acp
18' or 21' acp
Street l1Ùet
llaDhola
Ireek' Inter Kanhole
""eed '/88
. '----_..P...P
:1 IAt 2.000.00
123 LF t 10.00
/2"3. IoPt 2.00
2 ...t 200.00
..2)' LF t
'0.00
70.00
ut
/
I
IA t 1.'00.00
IA t 2.400.00
IAt
650.00
- $ 1; ¿;oo rCO
- $ I Z $Q,v'U
(
2v~.c:u
400 cCl {)
- $
- $
- ,
- $ I. ,0 ().. Cl()
,
- $
- ,
- .
- ,
- $
f.fooOc{TO
,
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,
tOW. In'IIIA n
VII rea IOIQ)
$ .:)0, 26 7. b r
, Sf): "3 G c"). ~ ()
,
Santa Clara Valley Water Dishid
AN AFFIRMATIVE ACTION EMPLOYER
5750 ALMADEN EXPRESSWAY
SAN JOSE, CALIFORNIA 95118
TELEPHONE (408) 265-2600
RECEIV~~J
SEP 08 1989
September 7, 1989
Public Worla/Enginoerìng
Ms. Barbara Olsasky
City Clerk
City of Campbell
70 North First Street
Campbell, CA 95008
Subject: Site Plan for R. Aleshi, File PD 89-15 sent to us
on September 1.
'(
The site would not be subject to flooding from a District facility in the
event of a 1% flood.
Proposed land use change would not directly affect any District facility.
If site drainage is to be directed into a District facility, detailed plans
should be sent for our review and issuance of a permit prior to start of
construction.
In accordance with District Ordinance 85-1 and 87-3, the owner should show
any existing well(s) on the plans. The well(s) should be properly registered
with the District and either maintained or abandoned in accordance with
District standards. Property owners or their representative should call
Mr. David Zozaya at 265-2600, extension 382, for information regarding well
permits and the registering of or abandonment of any wells. .
O.RIGINAL SIGNE-D BY
Eugene H. Sullivan
Supervisor, Permits Section
Design Coordination Division
cc:
Public Works Department
City of Campbell
_..--
--- .--- -------
JUL ';;-;-91 ii:05 ERIC Lì:.-u¡~i-'.r-ij) ~~"b( l~
,
r-.l/"I
1 !
J:DEAS
MAN:r:F'ESTER8
C3U:tDE
CXMQI)
Ii
85 J.IZ BETH Dft:r: VE .
SAN JOSE, C~. Se~~1
TE~EPHONE 4œe-224-4???
~AX 4Ø.-22~-&1Z?4
. .
FAX
TRAN8I1X..3:0N
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. ,'.
DATE
'RCM ~
COMPANY
ATTENTION
F'AX NO.
PAGEl liNT t.f
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JUL 03 '91 11:0~ ERIC LEONHRD ~295719
F.2/4
CITY OF CAMPBELL
70 NORTH FIRST STREET
OAMPBELL, CALIFORNIA 05008
(408) 866.2100
FAX' (408) 319-2572
Planninq
Department:
September 14, 1990
~~~: ~~S~;i.'~~ ,(0 ß c tli ? y
San Jose, CA I'M" q <; , , )
RE: PD 89-15
548 , 550 Hacienda
Dear Kr. Aleshi:
Please be advised that the above referenced Planned Development permit
to allow construction of 3 townhomes on the above reterenced property,
will expire on November 2, 1990.
If construction 40e. not commence within the next few weeks, it will be
nec.ssary ~o apply tor an extension of the Planned Development permit
and the development schedule to the planning Commission. The £111n;
for the application is $800.CO. An application tor extension of time
must ba 8ubmitted prior to expiration ,of the or191nal approvals.
If you have any questions reqardinq this matter, please do not hesitate
to contact the P1ann!nq Department at (408) 866-2140.
.ü¡;:' £~¿rJ
Ul~ria Sciara
Planner I
9811):)
I;
a:pd89-15
cc: xurt An1!erSGlR, Andarch Associates
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JUL 03 '91 11:09 ERIC LEONARD 6296719
P.4/4
CITY OF CAMPBELL
70 NORTH FIRST STREET
CAMPBELL, CALIFORNIA ;SO08
(408) 888.2100
FAX # (408) 37".2572
Department:
Javad Ale.hi
510 Seth Drive
San Jose, CA 95111
PM 90-10
(In Conjunction With File No. PM 88-06)
Planninq
August 8, 1990
AP.PRQ:vAL--Of.-TENTAUVE...PARCEL.. .MAP .... - . -....- - .
LANDS OF Ale.hi Brothers
APN: 408-20-007
SITE ADDRESS: 548 Hacienda Avenue
. ...-. .
. . . .._.
'-. . . .-'--
The Plann!n; Director and the Public Works Director have approved the
referenced Tentative Parcel Map based upon the mandatory findin; that
this Tentative Parcel Map, tcgether with the provisions tor its de.ign and
improvement, i8 consistent with the General Plan of the City of Campbell.
The final map shall be filed with the city. Engineer for examination,
approval and recordation in accordance with the provisions of the
Subdivision Map Act.
This approval i. subject to the follow!n; condition:
1.
ProceS8 and file a parcel map in accordance with the provision.
ot the State Subdivi.ion Map Act.
Pay storm Drain Area Fe. of $400.
2.
3.
Pay a tee in lieu ot dedicating land for parks in the amount of
$5,887 (3 units at $2,717 each, less retund due of $2,264).
.4.
,
Dedicate additional land to widen Hacienda Avenue to .4!Sfaat fro
the centerline and connect to Walnut Drive with. curve having a
racUu8 of 20 feet. . .
5.
Installstanåarå street improvements acro.. both'fr~tage..
APPROVED BY THE CITY ENGINEER
August 8, 1890 '
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RESOLUTION NO.
8132
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BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING TIlE REINSTATEMENT OF PREVIOUSLY
APPROVED PLANNED DEVELOPMENT PERMIT, PLANS,
ELEVATIONS, DEVELOPMENT SCHEDULE, AND CONDmONS OF
APPROV AL TO ALLOW CONSTRUCTION OF TImEE TOWNHOMES,
ON PROPERTY LOCATED AT 548 WEST HACIENDA AVENUE, IN A
PD (PLANNED DEVELOPMENT) ZONING DISTRICT, APPUCATION
OF MR RUSS ALESID, FILE NO. R 91-03 (PD 89-15).
After notification and Public Hearing as specified by law on the
application of Mr. Russ Alesm, for approval of a Reinstatement of a
previously approved Planned Development Permit, plans, elevations, and
revised development schedule to allow construction of three townhomes,
on property located at 548 West Hacienda Avenue, in a PD (Planned
Development) Zoning District; and, after presentation by the City Staff,
proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the City Council did
find as follows with regard to File No. R 91-03:
1.
There have been no changes in the General Plan for this area
since the City Council's approval.
2
The project remains consistent with the General Plan
designation of Low/Medium Density Residential.
3.
Approval of Planned Development Permit is valid one year
from the date of approval.
Based upon the foregoing findings of fact, the City Council further
finds and concludes that:
1.
The proposed development and uses clearly would result in a more
desirable environment and use of land than would be possible under
any other zoning classification; and
2.
The development and uses would be compatible with the General Plan
of the City and will aid in the harmonious development of the
immediate area.
3.
The proposed development would 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 would not be detrimental to the health,
safety or welfare of the neighborhood or the City as a whole.
!!,
, Based upon the above findings, the City Council approves the Reinstatement
by adopting the attached Exhibit A, entitled Plans and Elevations; Exhibit B,
entitled Revised Development Schedule; Exhibit C, entitled Conditions of
Approval, as per the application of Mr. Russ Aleshi, for plans, elevations, and
revised development schedule to allow construction of three townhomes, in
a Planned Development Zoning District. Copies of Said Exhibits are on file in
the Planning Department.
PASSED AND AOOPI'ED this 2nd day of
following roll call vote:
July
1991, by the
AYES: Counci1members:
NOES: Counci1members:
ABSENT: Councilmembers:
Ashworth, Burr, Watson, Conant, Kotowski
None
None ~
' ...--¡
APPROVED: "
ichael F. Kotowski, Mayor
ATIEST:
Barbara Olsasky, City Oerk
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SQInð~rd Development Schedule
FILE NO. R 91-03
APPUCANT: Mr. Russ Aleshi
SITE ADDRESS: S48 West Hacienda Avenue
P.C. MbhTING DATE: June 11, 1991
1. Construction to begin within one year of final approval of the
reinstatement.
2
Construction to be complete within one year of starting date.
NOTE: Above Development Schedule is a standard used by the
Planning Department when applicant has not submitted a schedule for
his project.
txh,bJf V
CONDmONS OF APPROVAL: R 91-03
SITE ADDRESS: 548 W. Hacienda Avenue
APPUCANT: Mr. Russ Aleshi
P.C.~~G DATE: June 11, 1991
Tþe applicant is hereby notified, as part of this application, that he/ she is
required. to meet the following conditions in accordance with the Ordinances
of the City of Campbell and the State of California. Additionally, the
applicant is hereby notified that he/she is required to comply with all
applicable Codes or Ordinances of the Gty of Campbell land the State of
California which pertain to this development and are not herein speåfied.
1.
Revised elevations and/or site plan indicating stepping of building
mass and elimination of wainscoat to be submitted to the Planning
Department and approved by the Planning Director upon
recommendation of the Architectural Advisor prior to application for a
building permit. (Planning)
Public Occupancy: Building occupancy will not be allowed until public
improvements are installed. (Public Works)
2.
3.
Approved Project: This approval is for a reinstatement of a Planned
Development Permit located on a 8,462 square foot site identified as
Assessor's Parcel Number 406-20-007. Development shall be
substantially as shown on the project materials listed below, expect as
may be modified by conditions contained herein:
a.
Project drawings for 548 W. Haåenda prepared by Andarch
Associates consisting of elevations, site plan, floor plans, sections
and details, roof plan and foundation plan (25 pages), dated
12/20/89.
b.
Perspective Drawing.
LANDSCA~
4. Landscaping: Landscaping plan indicating type and size of plant
material, and location of irrigation system to be submitted to the
Planning Department and approved by the Site and Architectural
Review Committee and/or Planning Commission prior to issuance of
a building permit. (Planning)
5.
Landscaping Revision: The landscape plan dated 1/8/90 shall be
modified to comply with the City's Water Efficient Landscape
Standards (WELS). A WELS checklist shall be submitted with the final
, . Conditions of Approval: R
3
2
þme 11,1991
landscape plan for review and approval of the Planning Department.
(Planning)
STREET /SITE IMPROVEMENTS
6. Parking and Driveways: All parking and driveway areas to be
developed in compliance with Chapter 21.50 of the Campbell
Municipal code. All parking spaces to be provided with appropriate
concrete curbs or bumper guards. (Planning)
7.
8.
9.
10.
11.
..
Fences: Fencing plan indicating location and design details of fencing
to be submitted to the Planning Department and approved by the
Planning Director prior to issuance of a building permit. (Planning)
~: Sign application to be submitted in accordance with provisions
of the Sign Ordinance for all signs. no sign to be installed until
application is approved and permit issued by Planning and Building
Departments (Section 21.53 of the Campbell Municipal Code).
(Planning)
Right-of Way Dedication: Dedicate additional right-of -way to widen
Hacienda Avenue to 451eet from center. (Public Works)
Street Improvements: Install standard street improvements in
Haåenda Avenue and Walnut Drive including electroliers. (public
Works)
12.
Encroachment Permit: Obtain an encroachment permit, pay fees, and
post surety for all work in the public right-of-way. (Public Works)
Storm Drain Fee: Pay storm drain area fee. (Public Works)
13.
Plans: Provide 5 sets of grading and drainage plans. (public Works)
14.
Parcel Map: Process and file a parcel map. (Public Works)
PROPERTY MANAGEMENT UTILITIES
15. Property Maintenance: The applicant is hereby notified that the
property is to be maintained free of any combustible trash, debris and
weeds, until the time that actual construction commences. All existing
structures shall be secured by having windows boarded up and doors
sealed shut, or be demolished or removed from the property. Section
11.201 & 11.414, 1985 Ed. Uniform Fire Code. (Fire Department)
16.
Retaining Walls: Retaining walls at property lines are limited to a
height of 15 inches if constructed of wood. (Building)
Conditions of Approval: F' 03
3
,>
June 11, 1991
17.
18.
'!>
Garbage Collection: Ordinance No. 782 of the Campbell Municipal
Code stipulates that any contract for the collection and disposal of
refuse, garbage, wet garbage and rubbish produced within the limits of
the City of Campbell shall be made with Green Valley Disposal
Company. This requirement applies to all single-family dwellings,
multiple apartment units, to all commercial, business, industrial,
m~ufacturing, and construction establishments. (Fire Department)
Trash Containers: Trash container(s) of a size and quality necessary to
serve the development shall be located in area(s) approved by the Fire
Department. Unless otherwise noted, enclosure(s) shall consist of a
concrete floor surrounded by a solid wall or fence and have self-closing
doors of a size specified by the Fire Department. All enclosures to be
constructed at grade level and have a level area adjacent to the trash
enclosure area to service these containers. (FlI'e Department)
PUBLIC SAFETY WELFARE
19. Handicapped Requirements: Applicant shall comply with all
appropriate State and City requirements for the handicapped.
(Building)
20.
21.
22.
23.
24.
llnger~round Utilities: Underground utilities to be provided as
required by Section 20.36.150 of the Campbell Municipal Code. (Public
Works)
Utility Boxes: Applicant to submit a plan to the Planning Department,
prior to installation of PG&tE utility (transformer) boxes, indicating the
location of the boxes and screening (if boxes are above ground) for
approval of the Planning Director. (Planning)
fuIYjpment Screen~: All mechanical equipment on roofs and all
utility meters to be screened as approved by the Planning Director.
(Planning)
Utility Connections: Plans submitted to the Building Division for plan
check shall indicate clearly the location of all connections for
underground utilities including water, sewer, electric, telephone and
television cables, etc. (Building)
Noise Levels: Noise levels for the interior of residential units shall
comply with minimum State (Title 25) and local standards as indicated
in the Noise element of the Campbell General Plan. (Building)
25.
Performance Bond: Applicant to either (1) post a faithful performance
bond in the amount of $ 10,000 to ensure landscaping, fencing, and
striping of parking areas within 3 months of completion of
. . Co~ditiol\$ of Approval: k' '3
26.
,!.
27.
28.
4
June 11, 1991
construction; or (2) file a written agreement to complete landscaping,
fenång and striping of parking areas. Bond or agreement to be filed
with the Plamûng Department prior to application for a building
permit. (Planning)
Park Dedication Fee: Applicant is hereby notified that he will be
required to pay Park Dedication In-lieu Fee which will be assessed at
the time the tentative parcel map is submitted. (Public Works)
T ANDARD DE
E
Begin Construction: Construction to begin within one year öf final
approval. (Planning)
Complete Construction: Construction to be completed within one year
msœrtingdaœ. (Plæmmg)
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CITY Of CAMPBELL
70 NORTH FIRST STREET
CAMPBELL, CALIFORNIA 95008
(408) 866-2100
FAX # (408) 379-2572
June 24,
~/
1991
Department:
Public Works
WIMBERLY
H£lMS
J OCSOH
KRUIEA
ftENOYER
~
Mr. Aleshi
510 Beth Drive
San Jose, CA 95111
SUBJECT:
548 HACIENDA AVENUE
Dear Mr. Aleshi:
At the Planning commission Meeting of June 11, 1991 you were
given conditions of approval for the reinstatement (R 91-03) of
your proposed planned development at 548 Hacienda Avenue. There
is another requirement that was not included on this list that
should be brought to your immediate attention. This requirement,
along with the others listed in the conditions of approval, must
be satisfied prior to obtaining Public Works clearance for your
building permit.
In July 1990, Campbell city council adopted an ordinance
requiring that all new residential developments pay a park
dedication fee. The amount of this park dedication fee is
$4,548/new unit being constructed. (These fees will change
effective July 4, 1991.)
again
All new development permits issued after July 1, 1990 are
required to pay the new park dedication fee. Since your initial
planned development permit expired, you are required to pay the
park fee in effect at the time of your application for
reinstatement. This would require that a park dedication fee of
$13,644 be collected for your proposed development. The park
dedication fee of $5,587 that was paid at the time you filed the
tentative parcel map for 548 Hacienda Avenue will be credited
toward the new fee due. The total additional park dedication fee
that will be due prior to issuance of a building permit is $8,057
(3 new units @ $4,548/unit, less refund of $5,587).
If you have any questions regarding this, please give me a call.
I can be reached at 866-2162.
H'c elle ~~
Senior civil Engineer
cc:
steve Piasecki, Planning Director
Bill Seligmann, city Attorney
ORDINANCE NO. 1767
BEING AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CAMPBELL APPROVING A PLANNED
DEVELOPMENT PERMIT, PLANS, ELEVATIONS,
DEVELOPMENT SCHEDULE, AND CONDITIONS OF
APPROVAL TO ALLOW CONSTRUCTION OF
THREE TOWNHOMES ON PROPERTY KNOWN AS 548 WEST
HACIENDA AVENUE IN A PD (PLANNED DEVELOPMENT/LOW-
MEDIUM DENSITY RESIDENTIAL) ZONING DISTRICT.
APPLICATION OF HR. KURT ANDERSON, PD 89-15.
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 on property known as 548 West Hacienda Avenue by adopting the
attached Exhibit A entitled Plans and Elevations: Exhibit B entitled
Development Schedule: Exhibit C entitled Map of Said Property: and Exhibit D
entitled Conditions of Approval, as per the application of Mr. Kurt Anderson
for plans, elevations, and development schedule to allow the construction of
three townhomes in a Planned Development Zoning District. Copies of said
Exhibits are on file in the Planning Department.
SECTION TWO: This Ordinance shall become effective 30 days following its
passage and adoption and shall be published once within 15 days upon passage
and adoption in the San Jose Mercury News, a news paper of general circulation
in the City of Campbell, County of Santa Clara.
-
PASSED AND ADOPTED this 3rd
call vote:
day of October, 198~ by the following roll
AYES :
NOES:
ABSENT :
Counci1members: 1t000000SltI, ASBWOR'l'B, BURR, CORAHT, MATSOR
Councilmembers: ROD
Counci1members: BOD
ATTEST:
~
THE FOREGOING INST
A"'O CORRECT COpy ~:ENT IS A TRUE
ON FILE IN THIS OFFICE. THE ORIGINAL
ATTEST: BARBARA 0
CITY OF. AMPBEll. ~~~~A;'TY CLERK.
BY
¡
DATED
EXHIBIT B
STANDARD DEVELOPMENT SCHEDULE
FILE NO: PD 89-15
APPLICANT: K. ANDERSON
SITE ADDRESS: 548 W. HACIENDA AVE.
1.
Construction to begin within one year of final approval.
2.
Construction to be completed within one year of starting date.
NOTE: Above Development Schedule is a standard used by the Planning Department
when applicant has not submitted a schedule for his project. .
-
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Public Hearing before the
Planning CoJ!mission on 8-22-89
Resolution No. 2614 recommendin fA.
approval of PD 89-15 (4-0-0) g, u '.. if "
CONDITIONS OF APPROVAL - 1PILE , PD 89-15
SITE ADDRESS: 51.8 W. H. ENDA AVE.
AE Pl.! CANT: X. ANDERSON
PC KTG DATE: 8-22-89
The applicant is hereby notified, as part of this application, that he/she is
required to ..et the followinl conditions in accordance with the Ordinances of
the City of Campbell and the Laws of the State of California. Additionally,
the applicant is hereby notified that he/she is required to comply ~ith all
applicable Codes or Ordinances of the City of Campbell and the State of
California ~hich pertain to this development and are not herein specified.
1.
Elevations/Site Plan: Revised elevations and/or site plan indicating
8teppinl of build!nl mass and elimination of ~ainscoat - to be submitted
to the Planninl Department and approved by the Planning Director Upon
recommendation of the Architectural Advisor prior to application for a
buildin¡ pe~it. .
2. lencfnRs!LandscapinR: Property to be fenced and landscaped as indicated
and/or added in red on the plans. Landscaping and fencin¡ shall be
--intained in accordance ~ith the approved plans.
3. LandscapinR!IrriRat~ Landscapinl plan indicatinl type and size of plant
..terial, and location of irrilation system to be submitted to the Planning
Department and approved by the P¡anninl Director prior to application for a
buildin. permit.
4. FencinR: Fencinl plan indicatinllocation and desiln details of fencinl to
be submitted to the Planninl Department and approved by the Planninl .
Director prior to issuance of a buildinl permit.
-
-
5.
Performance Bond - Landscapinl. Fencinl. StripinR: Applicant to either (1)
post a faithful perfo~nce bond in the amount of $lO,OOO.OO to insure
landscapinl, fencinl, and stripinl of parkinl areas ~ithin 3 months of
completion of construction; or (2) file written alreement to complete
landscapinl, fencinl, and stripinl of parkinl areas. Bond or a¡reement to
be filed with the Planninl Department prior to application for a buildinl
permit.
Utility Boxes: Applicant to submit a plan to the 'lanninl Department,
prior to installation of PG&E utility (transformer) boxes, indicatinl the
location of the boxes and .creeninl (if boxes are above Iround) for
approval of the 'lanninl Director.
-
6.
7.
BuildfnR Occupancy: Bui1dinl Occupancy will not be allowed until public
improvements are installed.
8. Park~nR!~lvewavs: All parkina aneS driveway area. to be developed in
compliance with Chapter 21.50 of the. Campbell Municipal Code. .AIl parkinl
apac.. to be provided with appropriate concrete curbs or bumper lureSs.
9. Vtl11ttes: UneSerlround utilities to be provided.. required., Section
20.36.150 of the Campbell Municipal Code. ..
10. Utilities: Plana submitted to the auUdinl DepartMnt for plan check .hall
indicate claarly the location of all conn8cti0D8 for uneSerlround'utilitie.
includinl vater. .ever, electric, ~elephone and television cable..
CONDITIONS OF APPROVAL - fILE' PD 89.15
SITE ADDRESS: S48 W. :IENDA AVE.
~ ~J>t.,. r;ANT: x. ANDERSOl'4
PG.2
11. GarbaRe Collection: Ordinance No. 782 of the Campbell Municipal Code
stipulates that any contract for the collection and disposal of refuse,
.arbaae, vet ,arbaae and rubbish produced within the limits of the City of
Campbell shall be made vith Green Valley Disposal Company. ..This
requirement applies to all sinale-family dwellinas, multiple apartment
units, to all Coøm~rcial, business, industrial, manufacturina, and
construction establishments.
12. Trash Containers/Enclosures: Trash container(s) of. size and quantity
necessary to serve the development shall be located in areaCs) approved by
the Fire Department. Unless otherwise noted. enclosure(s) shall consist of
. concrete floor surrounded by. solid wall or fence and have self-closing
doors of a size specified by the Fire Department. All enclosures to be
constructed at ,rade level and have a level area adjacent to the trash
enclosure area to service these containers.
13. Noise Levels: Noise levels for the interior of residential units shall
comply with minimum State (Title 25) and local standards as indicated in
the Noise Element of the Campbell General Plan.
. .
14. Park Dedication Fee: Applicant is hereby notified that he will be required
to pay Park Dedication In-Lieu lee which will be assessed at the time the
subdivision map is submitted.
-
-
15. Property Security: The applicant is hereby notified that the property is
to be maintained free of any combustible trash, debris and weeds, until the
time that actual construction commences. All existing structures shall þe
secured by havin¡ windows boarded up and doors ..aled shut, or be
demolished or removed from the property. Sect. 11.201 , 11.414,1979 Ed.
Uniform lire Code.
~UILDING DEPARTMENT
16. RetaininR Walls: Retalnin¡ valls at property lines are limited to a heiaht
of 15 inches if constructed of wood.
PUBLIC \lORKS DEPARTHENT
17. Dedicate additional rilht-of-vay to widen Hacienda Ave. to 45 feet from
canter.
18. Install standard street i8provements in Hacienda Ave. and Walnut Drive
includin¡electroliers.
"
19. Obtain an 8ftcroachlDent pemit, pay f.es, and,post 8urety for all vork in
the public ri¡ht-of-vay.
20. Pay atom drain ar.a f.e.
..
CONDITIONS OF APPROVAL - fILE' PD 89-15
SITE ADDRESS: 548 W. J, ~ENDA AVE.
APPLICANT: J(. ANDERSON
PC. 3
21. PrOvide 5 sets of aradinl and drain-Ie plans.
22. Process and file a parcel map.
23. No fence over JO" hiBb within 151 of sidewalk.
-
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CITY OF CAKJ'IElJ., CITY INCINEER' S CONSTIlUCTIOtI COST !SUlCATE
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ORDINANCE NO. 1680
BEING AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CAMPBELL APPROVING A PLANNED
DEVELOPMENT PERMIT, PLANS, ELEVATIONS,
DEVELOPMENT SCHEDULE, AND CONDITIONS OF
APPROVAL TO ALLOW CONSTRUCTION OF TWO TOWNHOMES
ON PROPERTY KNOWN AS 548 W. HACIENDA AVE.
IN A PD (PLANNED DEVELOPMENT/LOW-MEDIUM DENSITY
RESIDENTIAL) ZONING DISTRICT. (APPLICATION OF
. r.';:. ~'ASSOUL ALESHI, PD 87-04).
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 on property known as 548 W. Hacienda Ave. by adopting the attached
Exhibit A entitled Plans and Elevations: Exhibit B entitled Development
Schedule: Exhibit C entitled Map of Said Property: and Exhibit D entitled
Conditions of Approval, as per the application of Mr. Rassoul Aleshi for plans,
elevations, and development schedule to allow the construction of two townhomes
in a Planned Development zoning District. Copies of said Exhibits are on file
in the planning Department.
SECTION TWO: This Ordinance shall become effective 30 days following its
. passage and adoption and shall be published once within 15 days upon passage
and adoption in the San Jose Mercury News, a newspaper of general circulation
in the City of Campbell, County of Santa Clara.
PASSED AND ADOPTED this 16th day of FebruQTy
roll call vote:
, 1988 , by the following
AYES:
Councilmembers: Ashworth, KotOl.ùski, watson, Doetsah
NOES:
Councilmembers: podgorsek
ABSENT:
Councilmembers: None
ATTEST:
APPROVED: ~,~
W"l- Ham R. Po gore, Mayor
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,-.,IBIT B
STANDARD DEVELOPMENT SCHEDULE
PILE NO: ZC 87-05
PD 87-04
APPLICANT: ALESHI, R.
SITE ADDRESS: 548 W. HACIENDA AVE.
1.
Construction to begin within one year of final approval.
2.
Construction to be completed within one year of starting date.
NOTE: Above Development Schedule is a standard used by the Planning
Department when applicant has not submitted a schedule for his project.
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CONDITIONS OF APPROVAL - FILE' IC 87-05/PD 87-04
SITE ADDRESS: 548 W. HACIENDA AVE.
APPLICANT: ALESHI, R.
PC MTG DATE: 1~12-88
EXHIBIT D
The applicant ia hereby notified, as part of this application, that he/she
is required to meet the following conditions in accordance with the
Ordinances of the City of Campbell and the Laws of the State of
California. 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 which pertain to this development and
are not herein specified.
1.
Property to be fenced and landscaped as indicated and/or added in red
on the plans. Landscaping and fencing shall be maintained in
accordance with the approved plans.
2.
Landscaping plan indicating type and size of plant material, and
location of irrigation system to be submitted to the Planning
Department and approved by the Site and Architectural Review Committee
and/or Planning Commission prior to issuance of a building permit.
3.
Fencing plan indicating location and design details of fencing to be
submitted to the Planning Department and approved by the Planning
Director prior to issuance of a building permit.
4.
Applicant to either (1) post a faithful performance bond in the amount
of $5,000 to insure landscaping, fencing, and striping of parking
areas within 3 months of completion of construction, or (2) file
written agreement to complete landscaping, fencing, and striping of
parking areas. Bond or agreement to be filed with the Planning
Department prior to application for a building permit.
5.
Applicant to submit a plan to the Planning Department, prior to
installation of PG'E utility (transformer) boxes, indicating the
location of the boxes and screening (if boxes are above ground) for
approval of the Planning Director.
6.
All m~chanical equipment on roofs and all utility meter. to be
8creened as approved by the Planning Director.
7.
Building occupancy will not be allowed until public improvements are
installed.
8.
All parking and driveway areas to be developed in compliance with
Chapter 21.50 of the Campbell Municipal Code. All parking spaces to
be provided with appropriate concrete curbs or bumper guards.
9.
Underground utilities to be provided as required by Section 20.16.070
of the Campbell Municipal Code.
10. Plans submitted to the Building Department for plan check shall
indicate clearly the location of all connections for underground
utilities including water, sewer, electric, telephone and television
cables, etc.
CONDITIONS OP APPROVAL - rILE' IC 87-05/PD 87-04
SITE ADDRESS: 548 W. HACIENDA AVE.
APPLICANT: ALESHI, R.
PAGE 2.
11. Ordinance No. 782 of the Campbell Municipal Code stipulates that any
contract for the collection and disposal of refuse, garbage, wet
garbage and rubbish produced within the limits of the City of Campbell
shall be made with Green Valley Disposal company. This requirement
applies to all single-family dwellings, multiple apartment units, to
all commercial, business, industrial, manufacturing, and construction
establishments.
12. Trash container(s) of a size and quantity necessary to serve the
development shall be located in area(s) approved by the rire
Department. Unless otherwise noted, enclosure(s) shall consist of a
concrete floor surrounded by a solid wall or fence and have
self-closing doors of a size specified by the Pire Department. All
enclosures to be constructed at grade level and have a level area
adjacent to the trash enclosure area to service these containers.
13. Applicant shall comply with all appropriate State and City
requirements for the handicapped.
14. Noise levels for the interior of residential units shall comply with
minimum State (Title 25) and local standards as indicated in the Noise
Element of the Campbell General Plan.
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15. Applicant is hereby notified that he will be required to pay Park
Dedication In-Lieu Pee which will be assessed at the time the
subdivision map is submitted.
16. The applicant is hereby notified that the property is to be maintained
free of any combustible trash, debris and weeds, until the time that
actual construction commences. All existing structures shall be
secured by having windows boarded up and doors sealed shut, or be
demolished or removed from the property. Sect. 11.201 , 11.414,1979
Ed. Uniform Pire Code.
BUILDING DEPARTMENT
17. Retaining walls at property lines are liaited to a height of 15 inches
if constructed of wood.
PUBLIC WORKS DEPARTMENT
18. rile' process. parcel map to divide the parcel.
19. Dedicate additional land to widen Hacienda Ave. to 4S feet from center
with a 20 ft. radius curve at the intersection.
20. Install street improvements in Hacienda Ave. and Walnut Dr. as
required by the City Engineer.
21. Obtain an excavation permit, pay fees and post surety for all work in
the right-of-way.
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CONDITIONS OF APPROVAL - PILE' ZC 87-05/PD 87-04
SITE ADDRESS: 548 W. HACIENDA AVE.
APPLICANT: ALESHI, R.
PAGE 3.
22. Pay storm drain area fee.
23. Driveways shall conform to City standards.
FIRE DEPARTMENT
No Comment.
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ORDINANCE NO. 1679
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BEING AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF CAMPBELL AMENDING THE
ZONING MAP FOR PROPERTY KNOWN AS
548 W. HACIENDA AVE. FROM R-M-S (MULTIPLE
FAMILY RESIDENTIAL) TO PD (PLANNED
DEVELOPMENT), AS SHOWN ON THE ATTACHED EXHIBIT
(APPLICATION OF MR. RASSOUL ALESHI, ZC 87-05).
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 Saap Property, as
per the application of Mr. Rassoul Aleshi for approval of a Zone Change for
property known as 548 W. Hacienda Ave. from R-M-S (Multiple Family Residential)
to PD (Planned Development).
SECTION TWO: This Ordinance shall become effective thirty days following its
passage and adoption and shall be published once within fifteen days upon
passage and adoption in the San Jose Mercury News, a newspaper of general
circulation in the City of Campbell, County of Santa Clara.
PASSED AND ADOPTED this 16th day of
roll call vote:
FebruaY'!f
, 1988
by the following
AYES: Councilmembers: Ashworth, KotOlJJski, Watson, Doetsch
NOES: Councilmembers: podgorsek
ABSENT: Council members: None
ATTEST:
APPROVED:
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PUBLIC HEARING BEFORE PLANNING COMMISSION
ON JANUARY 12, 1988. RES. NO. 2502 RECOM-
MENDING APPROVAL OF ZONE CHANGE FROM R-M-S
TO PD - 2 TOWNHOMES - ALESHI, R.
(VOTE: 6-1-0)
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RESOLUTION NO. 2502
PLANNING COMMISSION
BEING A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL
OF A ZONE CHANGE FROM R-M-S (MULTIPLE FAMILY
RESIDENTIAL) TO PD (PLANNED DEVELOPMENT) FOR
PROPERTY KNOWN AS 548 W. HACIENDA AVE.
AS SHOWN ON THE ATTACHED EXHIBIT (APPLICATION
OF MR. RASSOUL ALESHI; ZC 87-05).
After notification and public hearing as specified by law on the proposed
amendments to the Zoning Map of the City of Campbell, and after presentation by
the Planning Director, proponents and opponents, the Planning Commission did
determine that the change as shown in the attached Exhibit A should be made to
the Zoning Map based on the following findings:
1.
The proposed zone change from R-M-S to PD will be consistent with the Land
Use Element of the General Plan.
2.
The proposed zoning will be compatible with the surrounding zonings and
land uses.
3.
The proposed zoning will not be detrimental to the health, safety, peace,
morals, comfort or general welfare of persons residing or working in the
neighborhood, or be detrimental or injurious to property and improve8ents
in the neighborhood or to the general welfare of the City.
The Planning Commission of the City of Campbell recommends that the City
Council enact the Ordinance attached hereto making effective the recommended
changes to the Zoning Map.
PASSED AND ADOPTED this 12th day of January 1988 by the following roll call
vote:
AYES:
Commissioners:
Kasolas, Stanton, Perrine, Olszewski,
Dickson, Christ
Walker
None.
NOES:
ABSENT:
Commissioners:
Commissioners:
APPROVED:
Ronald W. Christ
Chairman
ATTEST:
Arthur A. Kee
Secretary