548 W. Hacienda Ave. (89-15)
CITY OF CAMPBELL
RECEIV~D
OCT 2/11989
70 NORTH FIRST STREET
CAMPBELL, CALIFORNIA 95008
(408) 866-2100
Public Worka/Enginooring
Department:
Planning
October 23, 1989
Kurt Anderson
PO Box 1089
Campbell, CA 95009-1089
Dear Mr. Anderson:
Please be advised that the City Council at its meeting of October 3, 1989,
adopted Ordinance #1767 approving your request for a Planned Development
Permit for 3 townhomes located at 548 W. Hacienda A venue, subject to
the attached conditions. The ordinance becomes effective 30 days after
the City Council meeting date.
Please submit 2 copies of the revised site plan I elevations to the Planning
Department reflecting all recommended modifications, at your earliest
convenience.
~~
Gloria M. Sciara
Planner I
gms : ljb
cc: Fire Dept.
Public Works Dept.
Santa Clara County Assessor's Office
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 MR. 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: KOTOWSKI, ASHWORTH, BURR, CONANT, WATSON
Councilmembers: RONE
Counci1members: BONE
A'l'TEST:
~
Barbara Olsasky,
--
THE FOI'IEGO'NG INST
AOJO CORRECT COPy RUMENT IS A TRUE
ON FilE IN THIS OFF'C~~ THE ORIGINAL
ATTEST: BARBARA
CITY OF. AMPBEll~~~~~~R;'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. .
~
r
.
--
.
«:
...."
~
Publ ic Hearing before the
Planning COI!rnission on 8-22-89
Resolution No. 2614 reconrnending /' ^
approval of PD 89-15 (4-0-0) .,.:... V "
CONDITIONS OF APPROVAL - FILE' PD 89-15
S.IT£ ADDRESS: 548 W. HACIENDA AVE.
Al'PLICANT: I. ANDERSON
PC HTG DATE: 8-22-89
n. çp1ic~~ 18 hr.~ DoUfi.d. a. part of ~hb a~licaUon. ~œt h/.he is
required to 8eet the following conditions in accordance with the Ordinances of
~h. Ci~y of ~~1l od ~h. w~ of ~M s~.u of ~lifomi_. MdiUœ_l1y,
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.
Elevations/Site Plan: Revised elevations and/or site plan indicating
.tepping 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
build!nl permit.
2. hnclnRS/undsc..ln_, hoperty to k hnced end l~dsc.ped es Indiceted
and/or added in red on the plans. Landscaping and fencing shall be
..intained in accordance with the approved plans.
3. wndse'Þin./lrri..U~, wndse.pina pl.n indie'Una t~. .nd 'he of phnt
-tarial. and 10caUon of iniaauon 8~tu to N 8u=ltted to the Plannlna
~~r~nt ~d çproved ~ the Plannln~ Director prior to çplicati~ for a
buildinl permit.
4. rho1no. hno1~ pIe 1nd1"U~ Ioo.U~ ed doo11n dot.Us of óno1~ to
~ 8u=itud to ~8 'laMina ~~r_nt ed 8~rOhd ~ tM 'l-ina
~!rector prior to issuance of. building permit.
~.
5.
hrfomance B~d - wndSC8o!nR. yencins. Strieins= ~pli~t ~ either (1)
post a faithful performance bond in the Amount of $10,000.00 to insure
landscapina, fencing, and striping of parkina areas within 3 8onths of
completion of construction; or (2) file written agreement to complete
lan"Upi~, fheina, ud .trip1~ of ~ñina are... ~nd or aareuot to
~ filed vi~ tM nami~ hparœmt prior to Çpli"Uœ for a ~ildi~
permit.
~nlty ~es' ~p1tcMt to h~t. p~ to~. n~i. .P.~t.
prior to installation of PC&!: utility (transformer) boxes, indicatina the
location of the boxes and .creenina (if boxes are above around) for
approval of the Plannina Director.
-
-
6.
7.
Bulldin. ~~e~. hlld~ ~~~ will not H all-d atll p~lio
improVements are installed.
8. hñ1n./~iwv.y., All ~ñ1. Md driwv.y .~." M d.~lo~d in
cQÇU.~. with C~ter 21.50 ~ ~~~ll ~ic1p.l cœ.. .All ~ûi~
.pac.. to" provided with appropriate concrete Curbs or bumper auards.
e. ~IUU... UM.q~d utUIUu to M ~Id~ u nqulhd ~ .~I~
20.36.150 of the Campbell Municipal Code. '.
10. ~tUt1.., PÙM n8tttM to tu ~Ud~ ~~rt8mt fft PDn CMok .uu
indicate claarly the location of all connectiOftS for underaround.utilities
includinl vater. .ever, electric. telephone and televi.ion cables.
CONDITIONS OF APPROVAL - FILE' PD 89-15
SITE ADDRESS: 548 W. HACIENDA AVE.
:.r:':.¡~: K. ANDERSON
PC. 2
11. GarbaRe Collection: Ordinance No. 782 of the Campbell Municipal Code
stipulates that any contract for the collection and disposal of refuse,
.arbale, wet .arbale 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 dwellinls, multiple apartment
units, to all comn~rcial, business, industrial, manufacturing, and
construction establishments. .
12. Trash Containers/Enclosures: Trash container(s) of a size and quantity
necessary to serve the development shall be located in areaCs) approved by
~he Fire Department. Unless otherwise noted, enclosure(s) shall consist of
. 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 arade 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
~he Noise Element of the Campbell General Plan.
-
14. Park Dedication Fee: Applicant is hereby notified that he will be required
~o pay Park Dedication In-Lieu Fee which will be assessed at the time the
subdivision map is submitted.
IS. ProD.rt~ S.cur~ n. applicmt is h.re~ notified that tM P~erty is
to be maintained free of any combustible trash, debris and weeds, until the
time that actual construction commences. All existinl structures shall þe
.ecured by havina windows boarded up and doors aealed shut, or be
demolished or removed from the property. Sect. 11.201 & 11.414.1979 Ed.
Uniform Fire Code.
~
-
~UILDING DEP AR'I'HENT
16. btalnln~ ~Ua. bu~1. nUa at ~~r~ liMa an l~lted ~ a œllht
of 15 inches if constructed of wood.
PUBLIC WORKS DEPARnŒNT
17. Dedicate additional rilht-of-way to widen Hacienda Ave. to 45 feet from
center.
18. Install standard street i8provements in Hacienda Ave. and Walnut Drive
Jncludinlelectroliers.
"
19. Obtain an encroachment penait. ,ay fe.s. and . post surety for all work in
the public riaht-of-way.
20. Pay atom drain area fe..
.
CONDITIONS OF APPROVAL - FILE II PD 89-15
SITE ADDRESS: 548 W. HACIENDA AVE.
APPLI CANT: J( . ANDERSON
PC. 3
22. Process and file a parcel map.
21. Provide 5 sets of Iradinl and drainage plans.
23. No fence over 30" high within 15' of sidewalk.
-
-
'i--lQ 'f-c c~J, ~J ß~¡\ s.
I
*' QLA... ~ ~. ~ ð'H-AAA.c'D-- \f--l-L
~. 1>~.JJ
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
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:
~o
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
Pay the cash deposit of $2,812.00 required for the
encroachment permit.
0
Pay the plan check and inspection fee of $7,030.00
required for the encroachment permit.
0
Provide current workers compensation and insurance
information required for the encroachment permit.
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
(--~
i
CITY OF CAMPBEll
70 NORTH FIRST STREET
CAMPBELL. CALIFORNIA 95008
(408) 866-2100
FAX # (408) 379-2572
WlMBERL Y
HELMS
BOlliER
KRUGER
QUINNEY
k...~(,
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 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 $1,132jlot = $2,264.
A
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/parce1.
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 ----I
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 $4,548jparcel. 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.
7-5-91
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.
Encroachment permit 89-304 will expire.
~'J o/fp~ -
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.
9-26-91
11-1-91
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,
111dœiL cY . '
Michelle QUinn~
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 aftar such decision or deter-
mination or requirement is made. Such notice shall set
forth in detail the action and the. grounds upon which the
subdivider deems himself aggrieved. COrd. 1619 51Cpart),
1986).
20.44.020 Reeort. ~e c~ty clark shall report the
filing of such not1ce to the pla~n;ng commission and the
city council by the one whose decision, determination or
requirement is being appealed. COrd. 1619 51Cpart), 1986).
20.44.030 Action br city council. The city council
at its next regular meeting following the filing of the
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 aJ:e in: ha1:mony with the
spiri t and purpose of this chapter, and such disposition
of the appeal shall be final. (Ord.. 1619 51 (part), 1986).
S
\