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CITY OF CAMPBELL
Community Development Department · Current Planning
June 29, 2000
Chuck Bommarito, Project Manager
Pinn Bros. Construction Inc.
14315 Douglass Lane
Saratoga, CA 95070
Re~
Carriage Lane at Westmont and Crockett Avenues
(S98-18, TS98-02, BLD2000-142 through 147)
Mr. Bommarito:
Planning staff has reviewed and approved the Landscape & Irrigation plans submitted for plan check for six lots
located at the northwest comer of Westmont and Crockett Avenues.
Planning staff is requesting no other information prior to recordation of the Final Map.
Also, the plans submitted to the Building Division on April 26, 2000 for plan check have been reviewed and
approved by planning staff. As a reminder, the remainder of the park in-lieu fee in the amount of $13,737.50 is
due prior to building occupancy.
Please call me with any questions. I can be reached at (408) 866-2143 or via Email at katrinas@ci.campbell.ci.us.
Sincerely,
Katrina Rice Schmidt, AICP
Planning Division
cc;
Harold Housley, City Land Development Engineer
Bill Bruckart, Building Official
Sharon Fierro, Interim Community Development Director
70 North First Street - Campbell, California 95OO8.1423 - TEL 408.866.2140 ' F^X 408.866.8381 · T~D 408.866.2790
WHEN RECORDED MAIL TO:
Bay Colony Investors II, Inc.
1475 Saratoga Avenue, Suite 250
San Jose, CA 95129
TRACT 9247
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
THIS DECLARATION, made on the date hereinafter set forth by BAY COLONY INVESTORS II, INC., a
California corporation, hereinafter referred to as "Declarant", is made with reference to the following facts:
A. Declarant is the owner of certain property located in the City of Campbell, ("City"), County
of Santa Clara, State of California, described as Lots 1 through 6, inclusive shown on the Subdivision
Map for Tract 9247, which Map was filed for record in the Office of the Recorder of the County of Santa
Clara, State of California, on 2000, in Book of Maps, pages & __
B. Declarant intends by this document to impose upon the property mutually beneficial
restrictions under a general plan of improvement for the benefit of all owners of said Lots 1 through 6,
inclusive.
NOW, THEREFORE, Declarant hereby declares that all of the property described above shall be
held, sold, leased, mortgaged, encumbered, rented, used, occupied, improved, and conveyed subject to
the following declarations, limitations, easements, covenants, restrictions, and conditions, which are
imposed as equitable servitude pursuant to a general plan for the development of the property for the
purpose of enhancing and protecting the value and desirability of the project and every part thereof, and
which shall run with the real property and be binding on Declarant and its successors and assigns, and on
all parties having or acquiring any right, title or interest in or to the property described or any part thereof,
their heirs, successors and assigns, and shall inure to the benefit of each owner thereof.
ARTICLE I
DEFINITIONS
1.1 "Declarant" shall mean and refer to Bay Colony Investors II, Inc., a California corporation,
its successors and assigns if any successors or assigns should acquire more than one (1) undeveloped
lot form Declarant for the purposes of development and/or sale.
1.2 "Declaration" shall mean and refer to this Declaration.
1.3 "Lot" shall mean and refer to lots numbered 1 through 6 inclusive, together
with any improvement thereon, shown upon the Map.
1.4 "Map" shall mean and refer to that Subdivision Map entitled Tract 9247,
recorded on the ~ day of ,2000, in Book ~ of Maps at page(s) __ and __, in the records
of Santa Clara County.
1.5 "Mortgage" shall include a deed of trust as well as a mortgage.
1.6 "Mortgagee" shall include a beneficiary or a holder of a deed of trust as
well as a mortgagee.
1.7 "Mortgagor" shall include the trustor of a deed of trust as well as a mortgagor.
1.8 "Owner" shall mean and refer to the record owner, whether one (1) or more persons or
entities, of a fee simple title to any Lot which is a part of the project but excluding those persons or
entities having an interest merely as security for the performance of an obligation. If a lot is sold under a
recorded contract of sale, the purchaser, rather than the fee owner, will be considered the "owner".
1.9
entity.
"Person" means a natural person, a corporation, a partnership, trustee, or other legal
1.10 "Project" shall mean and refer to the real property described above, and such additions
thereto as may hereafter be subjected to this Declaration.
1.11 "Property" shall mean and refer to the property described on the map and all
improvements thereon, subject to this Declaration.
ARTICLE II
DESCRIPTION OF PROJECT, DIVISION OF PROPERTY
AND CREATION OF PROPERTY RIGHTS
2.1 Description of Property: The project consists of the underlying real property,
including Lots 1 through 6, inclusive as shown on the Map.
2.2 Drainage Easement: Reciprocal appurtenant easements between adjoining lots are
hereby created for the flow of surface water as shown on the map.
2.3 Easements to accompany Conveyance of Lot: The corresponding appurtenant
easements described in section 2.2, 2.4, 2.5, 2.6 and 2.7 shall automatically accompany the conveyance
of any lot, even though the description in the instrument of conveyance may refer only to the fee title to
the lot.
2.4 Owners' Rights and Easements for Utilities: The rights and duties of the owner of
lots within the project with respect to sanitary sewer, drainage, water, electric, gas, television receiving,
telephone equipment, cable and lines, exhaust flues, and heating facilities (hereinafter referred to,
collectively, as "utilities facilities") shall be as follows:
A. Whenever utilities facilities are installed within the project, which utilities facilities
or any portion thereof lie in or upon a lot or lots owned by other than the owner of a lot served by said
utilities facilities, the owners of any lots served by said utilities facilities, shall have the right of reasonable
access for themselves or for utility companies or the City of Campbell, to repair, to replace and generally
maintain said utilities facilities as and when the same may be necessary.
B. Whenever utilities facilities are installed within the project which utilities facilities
serve more than one (1) lot, the owner of each lot served by said utilities facilities shall be entitled to the
full use and enjoyment of such portions of said utilities facilities as service his lot.
C. In the event of a dispute between owners with respect to the repair or rebuilding
of said utilities facilities, or with respect to the sharing of the cost thereof, then, upon written request of
one (1) owner addressed to the other owner(s), the matter shall be submitted to binding arbitration within
sixty (60) days pursuant to the rules of the American Arbitration Association, or any successor thereto
and the decision of the Arbitrator(s) shall be final and conclusive on the parties, and jUdgment may be
entered thereon in any court having jurisdiction.
2.5 Encroachment Easements: Each lot as the dominant tenement shall have an
easement over adjoining Lots as the servient tenement for the purpose of accommodating any
encroachment due to foundations, exterior wall, windows, roof overhang and fences or walls which are
built in accordance with the original design, plans and specification of Declarant, or due to minor
engineering errors, errors of adjustments in original construction, settlement or shifting of the building, or
similar causes. There shall be valid easements for the maintenance of said encroachments as long as
they as they shall exist, and the rights and obligations of owners shall not be altered in any way by said
encroachment, settlement or shifting; provided, however, that in no event shall a valid easement for
encroachment be created in favor of an owner or owners if said encroachment occurred due to the
intentional conduct of said owner or owners other than adjustments by Declarant in the original
construction. In the event a structure is partially or totally destroyed, and then repaired or rebuilt, the
owners of each adjoining lot agree that minor encroachments over adjoining lots shall be permitted and
that there shall be valid easements for maintenance of said encroachments as long as they shall exist. In
the event that an error in engineering, design or construction results in an encroachment onto an
adjoining lot, or into a required setback area, a correcting modification may (at the discretion of the
Declaration) be made in the subdivision map. Said modification shall be in the form of a certificate of
correction and shall be executed by Declarant (so long as Declarant is the sole owner of the project) and
by Declarant's engineer and by the city engineer.
2.6 Shared Driveway Access and Maintenance: Lots land 2 share a common driveway.
The common driveway is composed of those portions of Lots 1 and 2 shown on the map as "Reservation
for 15' Ingress-Egress Easement". The access and maintenance of shared driveway will be as follows:
A. The owners of lots 1 and 2 shall have and are each hereby granted a non-exclusive
easement over the entire ingress-egress for purposes of (I) installing, operating, maintaining, repairing
and replacing utilities which serve either Lot 1 or 2 or both and which are not publicly maintained, (ii)
ingress to and egress from Lots 1 and 2 and (iii) installing, operating, maintaining, repairing and replacing
the driveway surface. The driveway surface and all utilities within the ingress-egress easement area
which serve more than one (1) lot and which are not publicly maintained are referred to as the "Easement
Improvements". The easements reserved and granted herein shall be deemed to be established upon the
recordation of this Declaration, whether or not they are set forth in the grant deeds to the lots, and shall
thenceforth be deemed to be covenants running with the land for the use and benefit of the owners and
their lots.
B. Parking on the Driveway Easement Area is prohibited.
C. Each owner shall maintain, repair and replace, at the owner's expense, all landscaping
and irrigation that is located on that owner's lot.
D. The Easement Improvements shall be maintained in a good, safe and usable condition,
in good repair, and in compliance with all applicable state, county and local ordinances. The owners of
Lots 1 and 2 shall contribute equally to the costs incurred in constructing, operating, maintaining,
repairing and replacing the Easement Improvements. Notwithstanding the preceding sentence, any repair
or maintenance work which is required as a result of the willful or negligent act of any such owner, or its
family, contract purchasers, lessees, or tenants, or their licenses, guests, or invitees shall be the
responsibility of the owner to whom the willful or negligent act is attributed. The owners covenant and'
agree that no maintenance or repair work shall be done, or caused to be done, to the Easement
Improvements without first obtaining the consent of the owner of the other Lot. Such consent shall not be
unreasonably withheld.
E. Each owner shall maintain, repair and replace, at the owner's expense, all utility system
components within the Ingress-Egress Easement Area, which serve only that owner's lot, unless the
component(s) is publicly maintained. After any maintenance, repair and replacement, the owner shall
restore the Ingress- Egress Easement Area to the condition it was in immediately preceding the work.
F. * See Section 2.4 C
2.7 Private Sanitary Sewer Maintenance: The 6" sanitary sewer main located in the 10'
(P.S.SE) Private Sanitary Sewer Easement located on Lots 1,2 and 3 of the map shall be operated,
maintained and repaired by Lots 1 through 6, (except for component(s) that are publicly maintained) as
follows:
A. The 6" Sanitary Sewer shall be maintained in a good, safe and usable condition, in good
repair, and in compliance with all applicable state, county and local ordinances. The owners of Lots 1
through 6 shall contribute equally to the costs incurred in constructing, operating, maintaining, repairing
and replacing the Sanitary Sewer. Notwithstanding the preceding sentence, any repair or maintenance
work which is required as a result of the willful or negligent act of any such owner, or its family, contract
purchasers, lessees, or tenants, or their licenses, guests, or invitees shall be the responsibility of the
owner to whom the willful or negligent act is attributed. The owners covenant and agree that no
maintenance or repair work shall be done, or caused to be done, to the Sanitary Sewer without first
obtaining the consent of the owner of the other Lots. Such consent shall not be unreasonably withheld.
B. Each owner shall maintain, repair and replace, at the owner's expense, the 4" Sanitary
Sewer Lateral that connects to the 6" Sanitary Sewer Main within the easement area or on owner's lot.
After any maintenance, repair and replacement, the owner shall restore the Private Sanitary Sewer
Easement to the condition it was in immediately preceding the work.
C. See Section 2.4 C
ARTICLE III
USE RESTRICTIONS
In addition to all of the covenants contained herein the use of the property and each lot is subject
to the following:
3.'1 Use of Lot: No lot shall be occupied and used except for residential purposes by the
owner, their tenants, and social guests, except that Declarant, its successor or assigns, may use the
property for a model homesite or sites, and display and sales office during construction until the last lot is
sold, by Declarant. No tent, shack, trailer, basement, garage, outbuilding or structure of a temporary
character shall be used on any lot at any time as a residence, either temporarily or permanently.
3.2 Nuisances: No noxious, illegal or seriously offensive (to a reasonable person)
activities shall be carried on upon any lot, or any part of the property, nor shall anything be done thereon
which may be or may become a serious annoyance or a nuisance to or which may in any way interfere
with the quiet enjoyment of each of the owners of his respective lot.
3.3 Vehicle Restrictions: No trailer, camper, mobile home, commercial vehicle,
recreational vehicle, boat, truck having carrying capacity of greater than % ton, or van having seating
capacity in excess of eight (8) persons, inoperable automobile, or similar equipment shall be permitted to
be parked or remain upon an area within the Project, unless enclosed within a garage or other approved
and permitted structure. Permitted vehicles which are used both for business and personal use are not'
prohibited, provided that any signs or markings of a commercial nature on such vehicles shall be
unobtrusive and inoffensive as determined by the Board. No noisy or smoky vehicles shall be operated
on the property. No unlicensed motor vehicles shall be operated upon the property. Garages shall be
used for parking of passenger vehicles. In no event shall household storage prevent the parking of
passenger vehicles in a garage.
3.4 Commercial Activity: No business, professional, or commercial activity of any kind
shall be conducted on any lot.
3.5 Signs: No signs shall be displayed to the public view on any lot or on any portion of
the property "For Sale" or "For Rent" signs shall be allowed, provided they do not exceed five (5) square
feet in size. Only one (1) such sign shall be permitted on any lot.
3.6 Garbage and Refuse Disposal: All rubbish, trash and garbage shall be regularly
removed from the lots, and shall not be allowed to accumulate thereon. Trash, garbage and other waste
shall not be kept except in sanitary containers. All equipment for the storage or disposal of such material
shall be kept in clean and sanitary condition, and shall be screened from view of neighboring lots, and
streets, except when containers are placed at curb side on garbage pick up day. No toxic or hazardous
4
materials shall be disposed of within the project by dumping in the garbage containers or down the drains,
or otherwise.
3.7 Animals: No animals or birds of any kind shall be raised, bred, or kept on any lot
except that nor more than two (2) usual and ordinary household pets such as dogs, cats, birds, etc., may
be kept, provided that they are not kept, bred, or maintained for any commercial purposes, and they are
kept under reasonable control at all times. Notwithstanding the foregoing no pets shall be kept on any lot
which cause an annoyance to or are obnoxious to other lot owners. Owners shall not permit their dogs to
roam unleashed on the property. No dog whose barking disturbs other lot owners shall be permitted to
remain on any lot. Owners of dogs shall be responsible for promptly cleaning up excrement left by their
dogs anywhere on the property. Any owner may cause any unleashed dog found within the property to
be removed to a pound or animal shelter under the jurisdiction of the City of Campbell, or the County of
Santa Clara, by calling the appropriate authorities, whereupon the owner may, upon payment of all
expenses connected therewith, repossess the dog.
3.8 Exterior Clothes Lines: No exterior clothes lines shall be erected and maintained and
there shall be no outside laundering or drying of clothes upon any lot.
3,9 Drilling or Mining: No oil drilling, oil development operations, quarrying, or mining
operations of any kind shall be permitted upon any lot.
3.10 Sewage Disposal and Water: Sewage disposal shall be by means of public sewers.
No septic tanks or outside toilets shall be permitted. No individual water supply system shall be permitted
on any lot.
3.11 Easements: Easements for installation and maintenance of utilities and drainage
facilities are reserved as shown on the recorded Map. Within these easements, no structure, planting or
other materials shall be placed or permitted to remain which may damage or interfere with the installation
and maintenance of utilities, or which may change the direction of flow or drainage channels in the
easements, or which may obstruct or retard the flow of water through drainage channels in the
easements. The easement area of each lot and all improvements in it shall be maintained continuously
by the owner of the lot, except for those improvements for which a public authority or utility company is
responsible.
3.12 Radio and Television Antennas: No alteration to or modification of a central radio
and/or television antenna system or cable television system, whichever is applicable, if developed by
Declarant or a cable television franchisee and as maintained by said franchisee, shall be permitted, and
no owner may be permitted to construct and/or use and operate his own external radio and/or television
antenna or satellite dish unless it is shielded and/or screened from view from any adjacent properties or
public/private rights-of-way.
3.13 Window Coverings: Windows shall be covered only by drapes, shades or shutters
and shall not be painted or covered by foil, cardboard, sheets, or similar materials.
3.14 Exterior Modifications: No exterior additions or modifications, including without
limitation, the addition of pre-manufactured sunrooms, shall be permitted without the written consent of
the City Planning Commission.
3.15 Architectural Control: During the time that Declarant continues to own any lot in the
Project, no building, fence, wall, pool, spa, obstruction, balcony, screen, patio, patio cover, tent, swing,
carport, carport cover, trellis, improvement, or structure of any kind shall be commenced, erected, painted
or maintained upon the property, nor shall any alteration or improvement of any kind be made thereto or
to the exterior of any residence, until the same has been approved in writing by Declarant, or an
Architectural Control Committee which Declarant may appoint (the "Committee"). Plans and
specifications showing the nature, kind, shape, color, size, materials and location of such improvements,
alterations, etc., shall be submitted to the Declarant or to the Committee for approval as to quality of
workmanship and design and harmony of external design with existing structure, and as to locating in
relation to surrounding structures, topography, and finish grade elevation. No permission or approval
shall be required to repaint in accordance with Declarant's original color scheme, or to rebuild in
accordance with Declaranrs original plans and specifications. No permission or approval shall be
required to repaint in accordance with a color scheme previously approved by the Declarant or by
Committee, or to rebuild in accordance with plans and specifications previously approved by Declarant or
by the Committee. Nothing contained herein shall be construed to limit the right of an owner to remodel
the interior of his residence, or to paint the interior of his residence any color desired. Before
commencement of any alteration or improvements approved by Declarant or by the Committee, the owner
shall comply with all appropriate governmental laws and regulations. Approval by Declarant or by the
Committee does not satisfy the appropriate approvals that may be required by any governmental entity
with appropriate jurisdiction. (See Section 3.14).
If Declarant elects to appoint a Committee, the Committee shall consist of three (3) members.
Declarant shall cause a document to be recorded identifying the Committee members and the address of
the Committee. The Declarant reserves to itself the power to appoint the members of the Committee until
all of the lots in the project have been sold, or five (5) years after the close of escrow on the sale of the
first lot in the project, whichever occurs first. Thereafter, the owners other than Declarant shall have the
power to appoint all of the members of the Committee, whether or not Declarant has previously appointed
the Committee. A majority of the Committee may designate a representative to act for it. In the event of
death or resignation of any member of the Committee, the successor shall be appointed by Declarant,
until Declarant no longer has the right to appoint any members to the Committee, and thereafter the
remaining members of the Committee, if any, or a majority of the Owners shall have full authority to
designate such a successor. Neither the members of the Committee nor its designated representative
shall be entitled to any compensation for services performed pursuant thereto. At any time after
Declarant's right to appoint a Committee has terminated, the then recorded owners of a majority of the
lots shall have the power, through a duly recorded written instrument, to appoint a Committee or to
change the membership of the Committee (if one was appointed by Declarant) or to change any of its
powers and duties.
In the event Declarant or the Committee fails to approve or disapprove plans and specifications
within thirty (30) days after the same have been submitted to it, approval will not be required and the
related covenants shall be deemed to have been fully complied with.
No exterior additions or modifications to any residence, including the addition of pre-
manufactured sun rooms, shall be permitted without the approval of the City Planning Commission.
ARTICLE IV
GENERAL PROVISIONS
4.1 Enforcement: Any owner shall have the right to enforce, by any proceeding at law or
in equity, all the restrictions, conditions, and covenants now or hereafter imposed by the provisions of this.
Declaration, and in such action shall be entitled to recover reasonable attorneys' fees as are ordered by
court. Failure of any owner to enforce any. covenant or restriction herein contained shall in no event be
deemed a waiver of the right to do so thereafter. Each owner, tenant or occupant of a lot or dwelling shall
comply with the provisions of this Declaration, and failure to comply with such provisions shall be grounds
for an action by any owner to recover sums due, for damages, or for injunctive release, and attorney's
fees.
4.2 Invalidity of any Provision: Should any provision or portion hereof be declared
invalid or in conflict with any law of the jurisdiction where this project is situated, the validity of all other
provisions and portions hereof shall remain unaffected and in full force and effect. No condition required
to be contained as a condition of approval of the project by the City may be modified, altered or removed
without the express approval of the City.
4.3 Term: The covenants and restrictions of this Declaration shall run with and bind the
property, and shall inure to the benefit of any shall be enforceable by the owner of any lot subject to this
Declaration, and his respective legal representatives, heirs, successors, and assigns, for a term of thirty
(30) years from the date this Declaration is recorded, after which time they shall be automatically
extended for successive periods of ten (10) years, unless an instrument in writing, signed by a majority of
the then owners of the lots have been recorded, within the year proceeding the beginning of each
successive period of ten (10) years, agreeing to change said covenants and restrictions in whole or in
part, or to terminate the same.
4.4 Amendments: This Declaration may be amended only by the affirmative vote (in
person or by proxy) or written consent of a majority of the owners of the lots. Any amendment must be
recorded and shall become effective upon being recorded in the Recorder's Office of the County of Santa
Clara. The amendment shall be signed by any three- (3) owners, each of whom shall declare, under
penalty of perjury, that the required vote or written consent of a majority of the owners has been obtained.
4.5 Mortgage Protection Clause: No breach of any of the covenants, conditions, and
restrictions contained herein, shall render invalid the lien of any first mortgage (meaning a mortgage with
first priority over any other mortgage) on any lot made in good faith and for value, but all of said
covenants, conditions and restrictions shall be binding upon and effective against any owner whose title is
derived through foreclosure or trustee's sale, or otherwise. Notwithstanding any provision in this
Declaration to the contrary, institutional lenders shall have the following rights:
A. Unless the holder(s) of at least three-fourths (3/4) of the first mortgage (based
upon one (1) vote for each mortgage or deed of trust owned) or three-fourths (3/4) of the owners (other
than Declarant) of the individual lots in the project have given their prior written approval, the owners shall
not be entitled to any act or omission, change, waive or abandon any scheme of regulations, or
enforcement thereof, or pertaining to the architectural design or the exterior appearance of dwellings.
B. No lot in the project may be partitioned or subdivided without prior written
approval of at least the holder of any first mortgage lien on such lot.
4.6 Limitation of Restrictions on Declarant: Declarant is undertaking the work of
construction of a subdivision and incidental improvements upon the property. The completion of that
work and the sale, rental and other disposal of lots is essential to the establishment and welfare of the
property as a residential community. In order that said work may be completed and said property be
established as a fully occupied residential community as rapidly as possible, nothing in this Declaration
shall be understood or construed to:
A. Prevent Declarant, its contractors, or subcontractors from doing on the property
or on any lot, whatever is reasonably necessary or advisable in connection with the completion of said
work; or
B. Prevent Declarant or its representatives from erecting, constructing and
maintaining on any part of the property, such structures as may be reasonable and necessary for the
conduct of its business of completing said work and establishing said property as a residential community.
and disposing of the same in parcels by sale, lease, or otherwise; or
C. Prevent Declarant ~rom conducting on any part of the property its
business of completing said work and of establishing a residential community and disposing of the
property in lots by sale, lease or otherwise, including, without limitation the conversion and use of
garage(s) as sales office(s) during the sales program; or
D. Prevent Declarant from maintaining such sign or signs on the property as may be
necessary for the sale, lease or disposition thereof.
4.7 Termination of Any Responsibility of Declarant: In* the event Declarant shall convey
all of its rights, title and interest in and to the property to any partnership, individual or individuals,
corporation or corporations, then and in such event, Declarant shall be relieved of the performance of any
further duty or obligation hereunder, and such partnership, individual or individuals, corporation or
corporations, shall be obligated to perform all such duties and obligations of the Declarant.
4.8 Owners' Obligation to Maintain and Repair: Each lot owner shall, at his sole cost
and expense, maintain and repair his lot and all improvements therein, and all landscaping thereon,
keeping the same in good condition.
4.9 Obligation to Rebuild:
A. Damage and Destruction Affecting Residences - Duty to Rebuild: If
all or any portion of any residence is damaged or destroyed by fire or other causality it shall be the duty of
the owner of said residence to rebuild, repair or reconstruct said residence in a manner which will restore
it substantially to its appearance and condition immediately prior to the casualty.
B. Time Limitation: The owner or owners of any damaged residence shall be
obligated to proceed with all due diligence hereunder, and the owner shall commence reconstruction
within three (3) months after the damage occurs and complete reconstruction within six (6) months after
the damage occurs, unless prevented by causes beyond his reasonable control.
4.10 Owners' Compliance: Each owner, tenant or occupant of a lot shall comply with the
provisions of this Declaration, as lawfully amended from time to time. Failure to comply with any such
provisions, decisions, or resolutions, shall be grounds for an action 1) to recover sums due, 2) for
damages, 3) for injunctive relief, or 4) to enforce such provisions, decisions, or resolutions.
4.11 Notices: Any notice permitted or required by the Declaration may be delivered
personally or by mail. If delivery is made by mail, it shall be deemed to have been delivered seventy-two
(72) hours after a copy of the same has been deposited in the United States mail, first class or registered,
postage-prepaid, addressed to each person at the current address given by such person to the Declarant,
or addressed to the lot of such person if no address has been so given.
4.12 Fair Housing: No owner shall, either directly or indirectly, forbid or restrict the
conveyance, encumbrance, leasing, or mortgaging, or occupancy of his lot to any person of a specified
race, color, religion, adulthood, ancestry, sex, marital status, physical disability or national origin.
4.13 Number; Gender: The singular and plural number and the masculine, feminine and
neuter gender shall each include the other where the context requires.
IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has executed this
Declaration this ~/ , day of March 2000.
BAY COLONY INVESTORS II/INC.
a Californ~/~ ti,~~///'
BY: ~--'~'-"~! ~ / ~ ~
Alan R. Pinn, President
CITY OF CAMPBELL
Community Development Department · Current Planning
April 19, 2000
Chuck Bommarito, Project Manager
Pinn Bros. Construction Inc.
14315 Douglass Lane
Saratoga, CA 95070
Re: "Carriage Lane" at Westmont and Crockett Avenues
Mr. Bommarito:
Planning staff has reviewed the draft Subdivision Map, Grading and Drainage Map, and Landscape & Irrigation
plans submitted for plan check for six lots located at the northwest comer of Westmont and Crockett Avenues.
Below, please find comments from the Planning Division. Comments will be issued separately from the Public
Works Department.
Subdivision Map: ( ''[ /'~{ f :" ~
The driveway for the t~vo flag lots will need to be shifted to the south about a foot and a half to accommodate a
larger landscape area along the northern property line. Please show the revised driveway location on the map.
The minimum width of the driveway shall be 20-feet. T-he-eurb.and.landseal:~ptanter shait b~4)utside the 20-foot
dimension-(2Offoot driveway, 6:inch curb, 30-inch planter for a total of 23-feet).
The City Council approved the map with the condition that the map follows the existing (at the time) San Tomas
Area Neighborhood Plan, which has no curb, gutter or sidewalks on Crockett Avenue. The Westmont Avenue
side looks fine. Please see the Public Works Department for specifics on the type of improvements that are
required.
Landscape and Irrigation Plans:
The Landscape Plans look good overall.
Please revise your plans to show the landscaping planter on the northern property line at least 30-inches wide plus
a six-inch vertical curb adjacent to the 20-foot driveway for lots 1 and 2. The driveway will then shift to the south
about a foot and a half.
The landscape planter should have additional landscaping (i.e. tall trees) that will serve as a buffer. The trees
should be located in key locations where there are sight-line issues from second story windows. As a result of the
increase in size of the planter, the irrigation plan should show additional irrigation to accommodate the increase in
landscaping.
The City's Landscape 1Manager said that Tulip Trees have a tendency to break the sidewalk and have blossoms
that ooze a gooey liquid. Please replace the street trees with European Hackberry (Celtis australis) to match
existing trees in the neighborhood.
70 North First Street · Campbei~ California 95008.1423 · TEL 408.866.2140 · FaX 408.866.8381 · TDD 408.866.2790
Chuck Bommarito, Project Mana(.
Pinn Bros. Construction Inc.
April 19, 2000
Page 2 of 2
Grading and Drainage Plans:
The site is in Flood Zone Category A, an area subject to the 100-year flood. Please contact the Public Works
Department for all requirements including the elevation for finished floor height.
Please revise the Driveway Section A-A on page C3of6 to reflect the 20-foot driveway, 6-inch curb and 30-inch
planter.
Covenants, Codes and Restrictions:
I have attached the CC&Rs with some minor edits.
Park In-Lieu Fee:
A park in-lieu fee in the amount of $41,212,50 is due prior to recordation of the final subdivision map.
$13,737.50 is due prior to building occupancy.
Please call me with any questions. I can be reached at (408) 866-2143 or via Email at katrinas~ci.campbell.ci.us.
Sincerely,
Kah-ina Rice Schmidt, AICP
Planning Division
cc: Harold Housley, City Land Development Engineer
Bill Bruckart, Building Official
Sharon Fierro, Interim Community Development Director
CITY OF CAMPBELL
City Clerk's Office
November 18, 1999
MVA Construction Co.
83 Santiago Avenue
Atherton, CA 94027
Dear Sirs:
At the regular meeting of November 16, 1999, the City Council held a public hearing to
consider the application of Mr. Tom Prebil and Mr. John Garagozza, on behalf of MVA
Construction Company, for approval of a 6-lot Tentative Subdivision Map and Site and
Architectural plans for six single-family homes located on property at 987 and 1113 Crockett
Avenue.
After due discussion and consideration, the City Council took the following action:
1. Granted a Mitigated Negative Declaration for the proposed project;
2. Adopted Resolution No. 9616 approving a Tentative Subdivision Map (TS 98-01) to allow
the creation of 6 lots on property located at 987 and 1113 Crockett Avenue; and
3. Adopted Resolution No. 9617 granting a Site and Architectural Approval (S 98-18) to
allow the construction of six new single family residences on property located at 987 and 1113
Crockett A~enue.
A certified copy of Resolution No. 9616 and 9617 is enclosed for your records.
Continued
70 North First Street ' Campbell, California 95008.1423 · TEL 408.866.2117 · F^X 408.374.6889 ' TDD 408.866.2790
Page 2
Should you have any questions in regard to the City Council's action, please do not hesitate to
contact this office (408) 866-2117 or Katrina Schmidt, Planner II.
Sincerely,
Anne Bybee
City Clerk
Enc.
cc.
Manou Movassate, 83 Santiago Ave. Atherton
Tom Prebil, Underwood & Rosenblum, 1370 Vander Way, Ste. B, San Jose 95112
Katrina Schmidt, Planner II
RESOLUTION NO. 9617
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL GRANTING A SITE AND ARCHITECTURAL
APPROVAL (S 98-18) TO ALLOW THE CONSTRUCTION OF SIX
NEW SINGLE FAMILY RESIDENCES ON PROPERTY LOCATED AT
987 & 1113 CROCKETT AVENUE. APPLICATION OF MVA
CONSTRUCTION CO., INC. FILE NO. S 98-18.
After notification and public hearing, as specified by law, and after presentation by the
Community Development Staff, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the City Council did find as follows with
respect to application S 98-18:
The proposed density of 4.3 units per gross acre is consistent with the allowable density
permitted under the General Plan.
The proposed map is consistent with the development standards (including lot size and
minimum lot dimension) of the Rol-6 Zoning District and the San Tomas Area
Neighborhood Plan (STANP).
3. The proposed subdivision layout allows for access to sunlight.
4. Each new parcel created has access to a public right-of-way.
An initial study was prepared for this project and no significant environmental impacts
were found.
The individual character of the home designs are consistent with other developments in the
surrounding area.
Based on the foregoing findings of fact, the City Council further finds and concludes that,
subject to the imposed conditions:
1. The proposed subdivision is consistent with the General Plan.
The proposed subdivision does not impair the balance between the housing needs of the
region and the public service needs of the residents and available fiscal and environmental
resources.
o
The site is physically suitable for the proposed density and type of development.
The design of the subdivision provides, to the extent feasible, for future passive or
natural heating or cooling opportunities.
No substantial evidence has been presented which shows that the project, as currently
presented and subject to the required conditions of approval will have a significant adverse
impact on the environment.
City Council Resolution
S 98-18 - 987 & 1113 Crockett Avenue
Page 2
6. The proposed project will aid in the harmonious development of the immediate area.
The applicants are hereby notified, as part of this application, that they are required to meet the
following conditions in accordance with the Ordinances of the City of Campbell and the State of
California. The lead department with which the applicant will work is identified. Additionally,
the applicants are hereby notified that they are required to comply with all applicable Codes and
Ordinances of the City of Campbell and the State of California that pertain to this development
and are not contained herein.
SITE DESIGN
1. Approved Proiect: Approval is granted for a Tentative Subdivision Map and Site and
Architectural plans allowing the creation of six (6) single-family lots and six (6) single-
family houses on property located at 987 & 1113 Crockett Avenue.
A) The subdivision map shall substantially conform to the map prepared by Underwood
& Rosenblum dated 09-03-99, received by the City on September 7, 1999, except as
may be modified by the Conditions of Approval herein.
B) The Site and Architectural plans shall substantially conform to the plans prepared by
David V. Hernandez, Architect, received by the City on September 7, 1999, except
as may be modified by the Conditions of Approval herein. (Planning)
ARCHITECTURE
2. Building elevations: Building elevations shall include the following:
A) Provision of a color/material sample board specifying color palette, textures and
materials.
B) Provision of building elevations and details illustrating architectural features such as
porches and railings, window boxes, decorative gates, cornice treatments, veneers,
tile, or brick details.
C) Provide variation in the color of roof materials throughout the project. Composition
roof materials should be 40-year quality or higher. Submit brochures or roof samples
of the color and material of the proposed roofing.
D) Windows shall have significant insets to create shadow lines and shall be detailed
with trim and sill details, grid patterns and dimensional grids along street elevations.
Provision of window schedules depicting the high quality of window treatment and
styles depicted on the elevations.
E) Garage doors shall have automatic opening devices and shall have decorative features
such as windows and panels.
F) Front doors shall be enhanced with inset panels or windows.
G) Front yards are to be landscaped and driveway, walkway and porches shall use
decorative pavement treatments such as banding, colored concrete, brick courses or
other alternative pavement enhancements.
City Council Resolution
S 98-18 - 987 & 1113 Crockett Avenue
.Page 3
H) Architectural details to be carried throughout all four elevations of the residences.
(Planning)
LANDSCAPING
3. Landscaping: Applicant shall submit four (4) sets of a revised landscaping plans
indicating type and size of plant material including trees, planting details, decorative
paving and automatic irrigation system to the Community Development Department for
review and approval prior to the issuance of building permits.
A) Landscape plans shall be submitted for the access easement of the flag lots
and for front and rear yards of all six lots.
B) Decorative Paving will be required for the access drive to the flag lots to
mitigate the long, visually unappealing driveway. (Planning)
Tree Appraisal: Prior to the recordation of the final map, the applicant shall submit a tree
appraisal prepared by a certified arborist to accommodate a previously submitted tree
survey. The Community Development Director will use the tree appraisal as a guide for
determining replacement trees for review and approval. Two replacement trees shall be
planted for every one removed, and shall be shown on the revised landscape plan.
(Planning)
PROPERTY MANAGEMENT/UTII JITIES
5. Structural Removal: All structures (i.e. trailers and storage container) on the subject
properties shall be removed prior to recordation of the final map. (Planning)
o
o
o
Property Maintenance: The property shall be maintained free of any combustible trash,
debris and weeds, until the time that actual construction commences. All existing
structures shall be demolished or removed from the property. (Planning)
Utility Boxes and Back-Flow Preventers: Applicant shall submit a plan to the Community
Development Department, prior to installation of PG&E utility (transformer) boxes and
S.J. Water back-flow preventers, indicating the location of the boxes and screening (if
boxes are above ground) for approval of the Community Developm,ent Director.
(Planning)
Ingress-Egress Agreement: The owner of parcels 1 and 2 shall record an agreement
satisfactory to the Community Development Department and the City Attorney for the
land on the north ("flag pole") side of the property to establish and maintain a permanent
access drive and landscape area. The owners of parcels 1 and 2 shall establish a
mechanism that provides for maintenance of the driveway and landscaping. (Planning)
Park In-Lieu Fee: Applicant to pay an in-lieu fee of park dedication of $65,940.00 (6 lots
@ $10,990 per lot). 75% of the fee is due prior to recordation of the final subdivision
map. 25% of the fee is due prior to occupancy by the Building Division.
City Council Resolution
S 98-18 - 987 & 1113 Crockett Avenue
Page 4
PUBLIC WORKS DEPARTMENT
10. Preliminary Title Report: Prior to recordation of the Final Tract Map, the applicant shall
provide a current Preliminary Title Report.
11.
Right-of-Way for Public Street Purposes: Prior to recordation of the Final Map, the
applicant shall grant Right-of-Way for Public Street Purposes per the San Tomas Area
Neighborhood Plan. Applicant shall cause all documents to be prepared for approval by
the City, as necessary.
12.
Record Dedication: Applicant shall prepare all documents necessary to record dedication
and submit to the City for review, acceptance and recording.
13.
Easements: Prior to recordation of the Final Map, the applicant shall cause private
easements to be recorded on the Final Map, as necessary.
14.
Street Improvements: Prior to recordation of the final Tract Map, the applicant shall cause
plans for public street improvements to be prepared by a registered civil engineer, pay
fees, execute a street improvement agreement, post security and provide insurance
necessary to obtain an encroachment permit for construction of all improvements with the
public right-of-way, as required by the City Engineer per the San Tomas Area
Neighborhood Plan.
15.
Maintenance Security: Prior to issuance of occupancy approval for the site, all public
street improvements required by the encroachment permit must be completed and
accepted by the City and the applicant must provide a one-year Maintenance Security in
an amount of 25% of the Faithful Performance Bond.
16.
Storm Drain Area Fee: Prior to issuance of any grading, drainage, or building permits for
the site, the applicant shall pay the required storm drainage area fee. The current fee is
$2,000 per acre.
17.
Grading and Drainage Plan: Prior to issuance of any grading, drainage or building permits
for the site, the applicant shall conduct hydrology studies based on a 10 year storm
frequency, prepare an engineered grading and drainage plan, and pay fees required to
obtain necessary grading permits. The plans shall comply with the 1994 edition of the
UBC including Chapters 18, 33, and Appendix Chapter 33.
18.
Utilities: All new on-site utilities shall be installed underground per Section 20.36.150 of
the Campbell Municipal Code for any new or remodeled buildings or additions.
Applicant shall provide evidence from all utility companies that the application as
proposed can be served. Applicant shall comply with all plan submittals, permitting and
fee requirements of the serving utility company.
City Council Resolution
S 98-18 - 987 & 1113 Crockett Avenue
Page 5
19.
Utility Installation Plan: Prior to issuance of building permits, the applicant shall submit a
Utility Installation Plan and Schedule for approval by the City Engineer for installation of
all utilities. Streets which have been resurfaced within the previous 5 years will require
boring and jacking for all new utility installations and will also require a pavement
restoration plan for approval by the City Engineer prior to any utility installation or utility
abandonment.
20.
Soils Report: Prior to issuance of any grading, drainage, or building permits for the site,
applicant shall provide two copies of a current soils report prepared by a registered
geotechnical or civil engineer.
21.
Storm Water Management: Comply with California Storm Water Best Management
Practices Handbook, prepared by Storm Water Quality Task Force, Santa Clara Valley
Water District.
22.
National Pollution Discharge Elimination System: Prior to issuance of any grading,
drainage, or building permits, the applicant shall comply with the NPDES and Title 14 of
the Municipal Code concerning storm water pollution control.
23.
Flood Control: Prior to recordation of the Final Map, the applicant shall comply with all
requirements of the Santa Clara Valley Water District.
24.
Monumentation Security: Prior to recording the Final Tract Map, applicant shall provide
security guaranteeing the cost of setting all monuments as shown on the record map, as
determined by the City Engineer.
25.
Notifications: Applicant shall notify adjacent property owners prior to beginning of
construction of street improvements and shall provide a 24-hour contact number for
adjacent residents to contact regarding the project.
FIRE DEPARTMENT REQUIREMENTS
26. Compliance with Codes: Review of this Development proposal is limited t~ acceptability
of site access and water supply as they pertain to fire department operations, and shall not
be construed as a substitute for formal plan review to determine compliance with adopted
model codes. Prior to performing any work the applicant shall apply to the Building
Department for applicable construction permits.
27.
Access: Flagged Lots (Lots 1 and 2) shall conform with all access and water supply
requirements in accordance with Fire Code Article 9. Contact Fire Department for
applicable means of compliance.
City Council Resolution
S 98-18 - 987 & 1113 Crockett Avenue
Page 6
28.
Fire Apparatus (Engine) Access Driveway and Tumaround Required: Provide an access
driveway with a paved all weather surface and a minimum unobstructed width of 12 feet,
vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 36 feet ourside
and 23 feet inside, and a maximum slope of 15%. Installations shall conform to Fire
Department Standard Details and Specifications D-1.
mo
Grass Crete shall be permitted within the turn-around area provided engineering
and manufacturer's detail sheets are proviaed for review upon successive map
or site submittals.
Bo
Both flag lots (lots 1 and 2) shall be provided with an approved residential fire
sprinkler system (NFPA 13d).
BUILDING INSPECTION DIVISION
29. Permits Required: A building permit application shall be required for the proposed
structures. The building permit shall include Electrical/Plumbing/Mechanical fees when
such work is part of the permit. Permits shall be required for each individual dwelling and
garage.
30. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet
of construction plans submitted for building permit.
31. Size of Plans: The maximum size of construction plans submitted for building permits
shall be 24 in. x 36 in.
32.
33.
34.
Foundation Inspections: A pad certificate prepared by a licensed civil engineer or land
surveyor shall be submitted to the project building inspector upon foundation inspection.
This certificate shall certify compliance with the recommendations as specified in the soils
report and the building pat elevation and on-site retaining wall locations and elevations are
prepared according to approved plans. Horizontal and vertical controls shall be set and
certified by a licensed surveyor or registered civil engineer for the following items:
A) pad elevation
B) finish floor elevation (first floor) '
C) foundation comer locations
Title 24 Energy Compliance: California Title 24 Energy Compliance forms CF-IR and
MF-1R shall be blue-lined on the construction plans.
Special Inspections: When a special inspection is required by U.B.C. Section 1701, the
architect or engineer of record shall prepare an inspection program that shall be submitted
to the Building Official for approval prior to issuance of the building permits, in
accordance with U.B.C. Section 106.3.5. Please obtain City of Campbell, Special
Inspection forms from the Building Inspection Division Counter.
City Council Resolution
S 98-18 - 987 & 1113 Crockett Avenue
Page 7
35.
Stormwater: The City of Campbell's standard Santa Clara Valley Non-point Source
Pollution Control Program specification sheet shall be part of plan submittal. The
specification sheet (size 24" x 36") is available at the Building Division service counter.
36.
Approvals Required: The project requires the following agency approval prior to issuance
of the building permit:
A) West Valley Sanitation District
B) Santa Clara County Fire Department
C) School District:
1) Campbell Union School District (378-3405)
2) Campbell Union High School District (371-0960)
3) Moreland School District (874-2900)
4) Cambrian School District (377-2103)
D) Bay Area Air Quality Management District (Demolitions Only).
PASSED AND ADOPTED this 16th day of
vote:
__November , 1999, by the following roll call
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Watson, Dougherty, Dean, Kennedy, Furtado
COUNCILMEMBERS: None
COUNCllMEMBERS: None
COUNCILMEMBERS: None _ g /
Ap p ROVED: ~ ~.&J5 '~k~~N
Daniel E. Furtado, Mayor
ATTEST'
Ann'~ B3;bee, City Clerk
CORRECT ~'Y OF 1HE ORIGINAL
FILE IN THIg
; ~NE 5y~EE, CITY OLER~
EL~ C~IFO~I~
RESOLUTION NO. 9616
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING A TENTATIVE SUBDIVISION MAP (TS
98-01) TO ALLOW THE CREATION OF 6 LOTS ON PROPERTY
LOCATED AT 987 & 1113 CROCKETT AVENUE. APPLICATION
OF MVA CONSTRUCTION CO., INC. FILE NO. TS 98-02.
After notification and public hearing, as specified by law, and after presentation by the
Community Development Staff, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the City Council did find as follows with
respect to application TS 98-02:
The proposed density of 4.3 units per gross acre is consistent with the allowable density
permitted under the General Plan.
The proposed map is consistent with the development standards (including lot size and
minimum lot dimension) of the R-l-6 Zoning District and the San Tomas Area
Neighborhood Plan (STANP).
The proposed subdivision layout allows for access to sunlight.
Each new parcel created has access to a public right-of-way.
An initial study was prepared for this project and no significant environmental impacts
were found.
o
The individual character of the home designs are consistent with other developments in the
surrounding area.
Based on the foregoing findings of fact, the City Council further finds and concludes that,
subject to the imposed conditions:
1. The proposed subdivision is consistent with the General Plan.
The proposed subdivision does not impair the balance between the housing needs of the
region and the public service needs of the residents and available fiscal and environmental
resources.
3. The site is physically suitable for the proposed density and type of development.
The design of the subdivision provides, to the extent feasible, for future passive or
natural heating or cooling opportunities.
o
No substantial evidence has been presented which shows that the project, as currently
presented and subject to the required conditions of approval will have a significant adverse
impact on the environment.
City Council Resolution
TS 98-02 - 987 & 1113 Crockett Avenue
Page 2
6. The proposed project will aid in the harmonious development of the immediate area.
The applicants are hereby notified, as part of this application, that they are required to meet the
following conditions in accordance with the Ordinances of the City of Campbell and the State of
California. The lead department with which the applicant will work is identified. Additionally,
the applicants are hereby notified that they are required to comply with all applicable Codes and
Ordinances of the City of Campbell and the State of California that pertain to this development
and are not contained herein.
SITE DESIGN
1. Approved Proiect: Approval is granted for a Tentative Subdivision Map and Site and
Architectural plans allowing the creation of six (6) single-family lots and six (6) single-
family houses on property located at 987 & 1113 Crockett Avenue.
A) The subdivision map shall substantially conform to the map prepared by Underwood
& Rosenblum dated 09-03-99, received by the City on September 7, 1999, except as
may be modified by the Conditions of Approval herein.
B) The Site and Architectural plans shall substantially conform to the plans prepared by
David V. Hernandez, Architect, received by the City on September 7, 1999, except
as may be modified by the Conditions of Approval herein. (Planning)
ARCHITECTURE
2. Building elevations: Building elevations shall include the following:
A) Provision of a color/material sample board specifying color palette, textures and
materials.
B) Provision of building elevations and details illustrating architectural features such as
porches and railings, window boxes, decorative gates, cornice treatments, veneers,
tile, or brick details.
C) Provide variation in the color of roof materials throughout the project. Composition
roof materials should be 40-year quality or higher. Submit brochures or roof samples
of the color and material of the proposed roofing.
D) Windows shall have significant insets to create shadow lines and she'll be detailed
with trim and sill details, grid patterns and dimensional grids along street elevations.
Provision of window schedules depicting the high quality of window treatment and
styles depicted on the elevations.
E) Garage doors shall have automatic opening devices and shall have decorative features
such as windows and panels.
F) Front doors shall be enhanced with inset panels or windows.
G) Front yards are to be landscaped and driveway, walkway and porches shall use
decorative pavement treatments such as banding, colored concrete, brick courses or
other alternative pavement enhancements.
City Council Resolution
TS 98-02 - 987 & 1113 Crockett Avenue
Page 3
H) Architectural details to be carried throughout all four elevations of the residences.
(Planning)
LANDSCAPING
3. Landscaping: Applicant shall submit four (4) sets of a revised landscaping plans
indicating type and size of plant material including trees, planting details, decorative
paving and automatic irrigation system to the Community Development Department for
review and approval prior to the issuance of building permits.
A) Landscape plans shall be submitted for the access easement of the flag lots
and for front and rear yards of all six lots.
B) Decorative paving will be required for the access drive to the flag lots to
mitigate the long, visually unappealing driveway. (Planning)
Tree Appraisal: Prior to the recordation of the final map, the applicant shall submit a tree
appraisal prepared by a certified arborist to accommodate a previously submitted tree
survey. The Community Development Director will use the tree appraisal as a guide for
determining replacement trees for review and approval. Two replacement trees shall be
planted for every one removed, and shall be shown on the revised landscape plan.
(Planning)
PROPERTY MANAGEMENT/UTILITIES
5. Structural Removal: All structures (i.e. trailers and storage container) on the subject
properties shall be removed prior to recordation of the final map. (Planning)
o
Property Maintenance: The property shall be maintained free of any combustible trash,
debris and weeds, until the time that actual construction commences. All existing
structures shall be demolished or removed from the property. (Planning)
Utility Boxes and Back-Flow Preventers: Applicant shall submit a plan to the Community
Development Department, prior to installation of PG&E utility (transformer) boxes and
S.J. Water back-flow preventers, indicating the location of the boxes and screening (if
boxes are above ground) for approval of the Community Development Director.
(Planning)
o
Ingress-Egress Agreement: The owner of parcels 1 and 2 shall record an agreement
satisfactory to the Community Development Department and the City Attorney for the
land on the north ("flag pole") side of the property to establish and maintain a permanent
access drive and landscape area. The owners of parcels 1 and 2 shall establish a
mechanism that provides for maintenance of the driveway and landscaping. (Planning)
Park In-Lieu Fee: Applicant to pay an in-lieu fee of park dedication of $65,940.00 (6 lots
@ $10,990 per lot). 75% of the fee is due prior to recordation of the final subdivision
map. 25% of the fee is due prior to occupancy by the Building Division.
City Council Resolution
TS 98-02 - 987 & 1113 Crockett Avenue
Page 4
PUBLIC WORKS DEPARTMENT
10. Preliminary Title Report: Prior to recordation of the Final Tract Map, the applicant shall
provide a current Preliminary Title Report.
11.
Right-of-Way for Public Street Purposes: Prior to recordation of the Final Map, the
applicant shall grant Right-of-Way for Public Street Purposes per the San Tomas Area
Neighborhood Plan. Applicant shall cause all documents to be prepared for approval by
the City, as necessary.
12.
Record Dedication: Applicant shall prepare all documents necessary to record dedication
and submit to the City for review, acceptance and recording.
13.
Easements: Prior to recordation of the Final Map, the applicant shall cause private
easements to be recorded on the Final Map, as necessary.
14.
Street Improvements: Prior to recordation of the final Tract Map, the applicant shall cause
plans for public street improvements to be prepared by a registered civil engineer, pay
fees, execute a street improvement agreement, post security and provide insurance
necessary to obtain an encroachment permit for construction of all improvements with the
public right-of-way, as required by the City Engineer per the San Tomas Area
Neighborhood Plan.
15.
Maintenance Security: Prior to issuance of occupancy approval for the site, all public
street improvements required by the encroachment permit must be completed and
accepted by the City and the applicant must provide a one-year Maintenance Security in
an amount of 25% of the Faithful Performance Bond.
16.
Storm Drain Area Fee: Prior to issuance of any grading, drainage, or building permits for
the site, the applicant shall pay the required storm drainage area fee. The current fee is
$2,000 per acre.
17.
Grading and Drainage Plan: Prior to issuance of any grading, drainage or building permits
for the site, the applicant shall conduct hydrology studies based on a 10 year storm
frequency, prepare an engineered grading and drainage plan, and pay fees required to
obtain necessary grading permits. The plans shall comply with the 1994 edition of the
UBC including Chapters 18, 33, and Appendix Chapter 33.
18.
Utilities: All new on-site utilities shall be installed underground per Section 20.36.150 of
the Campbell Municipal Code for any new or remodeled buildings or additions.
Applicant shall provide evidence from all utility companies that the application as
proposed can be served. Applicant shall comply with all plan submittals, permitting and
fee requirements of the serving utility company.
City Council Resolution
TS 98-02 - 987 & 1113 Crockett Avenue
Page 5
19.
Utility Installation Plan: Prior to issuance of building permits, the applicant shall submit a
Utility Installation Plan and Schedule for approval by the City Engineer for installation of
all utilities. Streets which have been resurfaced within the previous 5 years will require
boring and jacking for all new utility installations and will also require a pavement
restoration plan for approval by the City Engineer prior to any utility installation or utility
abandonment.
20.
Soils Report: Prior to issuance of any grading, drainage, or building permits for the site,
applicant shall provide two copies of a current soils report prepared by a registered
geotechnical or civil engineer.
21.
Storm Water Management: Comply with California Storm Water Best Management
Practices Handbook, prepared by Storm Water Quality Task Force, Santa Clara Valley
Water District.
22.
National Pollution Discharge Elimination System: Prior to issuance of any grading,
drainage, or building permits, the applicant shall comply with the NPDES and Title 14 of
the Municipal Code concerning storm water pollution control.
23.
Flood Control: Prior to recordation of the Final Map, the applicant shall comply with all
requirements of the Santa Clara Valley Water District.
24.
Monumentation Security: Prior to recording the Final Tract Map, applicant shall provide
security guaranteeing the cost of setting all monuments as shown on the record map, as
determined by the City Engineer.
25.
Notifications: Applicant shall notify adjacent property owners prior to beginning of
construction of street improvements and shall provide a 24-hour contact number for
adjacent residents to contact regarding the project.
FIRE
26.
DEPARTMENT REQUIREMENTS
Compliance with Codes: Review of this Development proposal is limited tc~ acceptability
of site access and water supply as they pertain to fire department operations, and shall not
be construed as a substitute for formal plan review to determine compliance with adopted
model codes. Prior to performing any work the applicant shall apply to the Building
Department for applicable construction permits.
27.
Access: Flagged Lots (Lots 1 and 2) shall conform with all access and water supply
requirements in accordance with Fire Code Article 9. Contact Fire Department for
applicable means of compliance.
City Council Resolution
TS 98-02 - 987 8,: 1113 Crockett Avenue
Page 6
28.
Fire Apparatus (Engine) Access Driveway and Turnaround Required: Provide an access
driveway with a paved all weather surface and a minimum unobstructed width of 12 feet,
vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 36 feet ourside
and 23 feet inside, and a maximum slope of 15%. Installations shall conform to Fire
Department Standard Details and Specifications D-1.
mo
Grass Crete shall be permitted within the turn-around area provided engineering
and manufacturer's detail sheets are provided for review upon successive map
or site submittals.
Bo
Both flag lots (lots 1 and 2) shall be provided with an approved residential fire
sprinkler system (NFPA 13d).
BUILDING INSPECTION DIVISION
29. Permits Required: A building permit application shall be required for the proposed
structures. The building permit shall include Electrical/Plumbing/Mechanical fees when
such work is part of the permit. Permits shall be required for each individual dwelling and
garage.
30. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet
of construction plans submitted for building permit.
31. Size of Plans: The maximum size of construction plans submitted for building permits
shall be 24 in. x 36 in.
32.
Foundation Inspections: A pad certificate prepared by a licensed civil engineer or land
surveyor shall be submitted to the project building inspector upon foundation inspection.
This certificate shall certify compliance with the recommendations as specified in the soils
report and the building pat elevation and on-site retaining wall locations and elevations are
prepared according to approved plans. Horizontal and vertical controls shall be set and
certified by a licensed surveyor or registered civil engineer for the following items: A) pad elevation
B) finish floor elevation (first floor)
C) foundation comer locations
33. Title 24 Energy Compliance: California Title 24 Energy Compliance forms CF-IR and
MF-1R shall be blue-lined on the construction plans.
34.
Special Inspections: When a special inspection is required by U.B.C. Section 1701, the
architect or engineer of record shall prepare an inspection program that shall be submitted
to the Building Official for approval prior to issuance of the building permits, in
accordance with U.B.C. Section 106.3.5. Please obtain City of Campbell, Special
Inspection forms from the Building Inspection Division Counter.
City Council Resolution
TS 98-02 - 987 & 1113 Crockett Avenue
Page 7
35.
Stormwater: The City of Campbell's standard Santa Clara Valley Non-point Source
Pollution Control Program specification sheet shall be part of plan submittal. The
specification sheet (size 24" x 36") is available at the Building Division service counter.
36.
Approvals Required: The project requires the following agency approval prior to issuance
of the building permit:
A) West Valley Sanitation District
B) Santa Clara County Fire Department
C) School District:
1) Campbell Union School District (378-3405)
2) Campbell Union High School District (371-0960)
3) Moreland School District (874-2900)
4) Cambrian School District (377-2103)
D) Bay Area Air Quality Management District (Demolitions Only).
PASSED AND ADOPTED this 16th. day of
vote:
November , 1999, by the following roll call
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Watson, Dougherty, Dean, Kennedy, Furtado
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS:APPROVED:
Daniel E. Furtado, Mayor
ATTEST:
Anne Bybee, City Clerk
commercial building on property located at 3245 S. Winchester Boulevard in a C-
2-S (General Commercial) Zoning District. Motion adopted by the following roll
call vote:
AYES: Councilmembers: Watson, Dougherty, Dean
NOES: Councilmembers: Kennedy, Furtado
14.
Application of Tom Prebil and John Garagozza, on behalf of MVA Construction
Co., Inc., for approval of a Tentative Subdivision Map (TS 98-02) and a Site and
Architectural Approval (S 98-18) to allow a subdivision to create six parcels on
property located at 1113 Crockett Avenue (northwest corner of Crockett &
Westmont) in an R-l-6 (Single Family Residential) Zoning District (ResolutionfRoll
Call Vote)
This is the time and place for a public hearing to consider the 'Application of Tom
Prebil and John Garagozza, on behalf of MVA Construction Co., Inc., for approval of
a Tentative Subdivision Map (TS 98-02) and a Site and Architectural Approval (S 98-
18) to allow a subdivision to create six parcels on property located at 1113 Crockett
Avenue (northwest comer of Crockett & Westmont) in an R-l-6 (Single Family
Residential) Zoning District.
Planner II Schmidt - Staff Report dated November 16, 1999.
Mayor Furtado declared the public hearing open and asked if anyone in the audience
wished to be heard.
Susanne Waher, 1381 Estrellita Way, Campbell, appeared before the City Council and
requested that the City Council apply the guidelines set forth in the San Tomas Policy
in considering this application.
There being no one else wishing to speak, Mayor Furtado closed the public hearing.
M/S: Watson/Dougherty - that the City Council grant a Mitigated Negative
Declaration for the proposed project; adopt Resolution 9616 approving a Tentative
Subdivision Map (TS 98-02) to allow the creation of six lots on property located at
987 and 1113 Crockett Avenue, subject to Conditions of Approval; and adopt
Resolution 9617 granting a Site and Architectural Approval (S 98-18) to allow the
construction of six new single family residences on property located at 987 and
1113 Crockett Avenue, subject to Conditions of Approval. Motion adopted by the
following roll call vote:
AYES: Councilmembers: Watson, Dougherty, Dean, Kennedy, Furtado
NOES: Councilmembers: None
Minutes of 11/16/99 City Council Meeting 7
~.o~.
February 28, 2000
CITY ov CAMPBELL
Community Development Department - Current Planning
Chuck Bomn~rito, Project Manager
Pinn Bros. Construction Inc.
14315 Douglass Lane
Saratoga, CA 95070
Re: BLD2000-142 thru BLD2000-147 (Westmont/Crockett Avenues)
Mr. Bommarito:
Staffhas reviewed the plans submitted for plan check for six houses located at the northwest comer of Westmont and
Crockett Avenues. Below, please fred comments from the Planning Division. Comments will be issued separately from the
Public Works Department, Fire Department and Building Division.
In general, please review the Conditions of Approval and make sure that all items have been addressed. Below are some key
items from the Planning Division that need to be addressed.
Please provide color/material samples specifying color palette, textures and materials. Note on plans the type (brand name)
and style of the roof materials, which are to be 40-year quality or better. Note the garage door model/style on the plans with
manufacturers name.
Provide a landscape plan per the Conditions of Approval. Approval of landscape plans is required prior to issuance of
Building Permits.
As of last week, the trailers on site have not been removed. They must be removed prior to recordation of the £mal map.
Show evidence of a recorded access/maintenance agreement for the "flag pole" portions of Lots 1 and 2 prior to recordation
of Final Map.
Pay a park fee of $41,212.50 prior to recordation of the Final Map. $13,737.50 will be collected prior to occupancy.
Provide a Grading and Drainage Plan per the Condition of Approval for review and approval prior to issuance of Building
Permits.
Staff has noticed that the plans indicate a sidewalk on Crockett Avenue. The project was approved withOut sidewalks on
Crockett Avenue. Please contact the Public Works Department to determine the street improvements and pavement edge that
is required.
Please call me with any questions. I can be reached at (408) 866-2143 or via Email at katrinas(&,ci.campbell.ci.us.
Sincerely,
Katrina Rice Schmidt, AICP
Harming Division
CC:
Harold Housley, City Land Development Engineer
Bill Bruckart, Building Official
Sharon Fierro, Interim Community Development Director
70 North First Street · Campbell, California 95008.1423 · TEL 408.866.2140 · F^X 408.866.8381 · TDD 408.866.2790
February ll, 2000
Daniel R. Revay
Manager, Forward Planning
1475 Saratoga Ave., Suite 250
San Jose, CA 95129
CITY OF CAMPBELL
Community Development Department · Current Planning
Re: S 98-18 Westmont/Crockett Avenues
Mr. Revay:
Staff has reviewed the Tree Survey dated September 14, 1999 and tree appraisal that you delivered on February
8, 2000 to determine the size and number of trees that will need to be planted in replacement of those removed
on site without benefit of a Tree Removal Permit.
Thirteen trees were removed without a permit. The Code requires that two trees shall be planted for every tree
removed, therefore a total of 26 trees are required as replacement. The sizes of trees that are required for
replacement are as follows:
· Ten (10) trees sized at 36-inch box
· Sixteen (16) trees sized at 24-inch box
The type of trees that are to be planted for replacement shall be medium to large landscape trees and not patio
trees (such as Crape Myrtle) as listed in the Sunset Western Garden Book.
A cluster of at least three 36-inch box trees shall be located on the property at the corner of Westmont and
Crockett Avenues. These trees should be deciduous specimen trees.
The remaining seven 36-inch box trees and eight of the 24-inch box trees shall be planted in the rear yards of
lots 1,2, 5 and 6, and shall be evergreen trees that will serve as a buffer between the front and rear houses.
The remaining eight of the 24-inch box trees may be either evergreen or deciduous specimen trees.
In general, the project must provide one tree per 2,000 square feet of net lot area (4 trees per lot).
Hopefully this will help your.landscape architect design a suitable landscape plan. Please call me with any
questions. I can be reached at (408) 866-2143 or via Email at katrinas(~_,ci.campbell.ci.us.
Katrina Rice Schmidt, AICP
Planning Division
cc: Dean Williams, Landscape Architect
70 North First Street · Campbell, California 95008.1423 · TEL 408.866.2140 · F,~X 408.866.8381 · mD 408.866.2790
Attachment #8
~2
September 14, 1999
MVA Constmo6on Co.
83 Santiago Ave.
Ath~on. CA 94077
SARATOGA TREE SERVICE
' 20380 Town Ceuter'Lmc, Suite 230
Culm'fno, CA 95014-3212
(408) 25:5-1528 - (408) 255-2421 FAX
Attn: Mahou Movaasate
1~: 134S Westmont Ave.; Camubo!! - bIW cooer of Wmtmont Ave, x Crockett Ave.
A site inspection was performed at the above location on September 14~, 1999 to
determine the health &nd placement of various trees on the property. The City of
Campbell has designated tho~e trees they would like to have inventorial bl/placing
orange ribbon around the~. The following report is an inventory of those thirteen trees.
#1 - Douglas Fir (~leudotsua~ menzieaii) - on Crockett Ave. side-- This tree is about
65fi. high with s DBI-I at 4~. of 25 inol~. There is e lsrse soar on the trunk on the
Crockett Ave. side which starts at about 8fi. and extends to 15fl. There is ~ome pitching
from this area and there are sreaa hJ~h .er oil the ~ which show some pixch exudaiion~
The canopy is healthy tart needs trimrau~ to ~ end weight ~.d remove the dead
limbs. If this tree is to be kept on the lot, it is ~ssmtial that its' rOot sysMm bt well
protected durin$ construction.
Tree ~2 - Fruitless Mulberry ~ - ~ Weetmont Ave. - This tree is abo~
20it high and has a DBH st 4~ of 11 inches. It is in t ,lishtly ral~d planter, The tree ~.q' ~0~
has been heavily pollarded in the past. The o~opy appears to be healthy at this time,
There is pitch exudation o~ the trunk a~l m~ limbs. The mots of th~ M~lberry nra ~-[ 00
exposed near the Doughs Fir Cl'r~ #1).
Tree #3 - Maple ~ - far. inS Westmont Ave. -
m~fipie ~ (~~ 28.~", 42.5", 30', 48.5" (~hes)
~ds ~ a ~ bflck pl~, I~' ~ ts ~ ~ ~r. ~e I~ of ~c or my
kind of i~gaflon m~ ~t ~ ~ ~ ~ p~o~
............ v,,, ~lu.i ~U~O~E4~I ~ JOhfi ~ "agO2ZO Page 3
i~: .134f W~uout A~,, Ctml~
#4 - California Bilk We~u~ 0.1{i{i{~hi]~}l~ - on Westmont Ave. side
· e middle of~e d~ ~v~. It ~ ~m 1~ ~ ~d h~ a DBH (~m at 3~)
&adwo~ing ~ e~ wei~ ~v~. ~ is a ~ of ~y h ~ low~
w~ Ave. ~.
~6 - B~ley ~ (~a ~tlnv~) _ ~s ~e ~ ~ ~t of. ~1~
15", ~", 24" (~c~) ~ c~~~ ~ 4fl.). ~ ~ is iu {~ h~.
kept, It ~ ~ p~ ~ ~H~ ~ of tm w,-k fo~. i w~ld
r~omm~d ~ ~e ~ ~ kept ~l]-~~ ~ a H~ ~o~ ff~
s~mre.
T~e #7 - Bailey Ac~ia CAcneia bailey,,~,)
. _ - Tttis is a Sunup of Ac ' the left
of tree #6. The c~cumfefeac~ mt 4ft. of the th~ lam ~t la,a~,, .,, o ,.
0nches~ Theft. h__,~_: .........
~. ~m :~ soo~. as ~e ~m ~w, th~ i~ ~ {x,tmutal for tlm~ to
split out at a later date due to the tight limb ~'matiou at the base of the tree.
Tree #8 - Stone Phme ~ Th~ tree ...... '- .... ~- .
'ne ' ' - . ,q~unzu ~u nav~ ~ 8mowing on
H · I~ ~ig~ ]. ~m 35fl: ~ md. ~ a DBH of~ut ~ m~s ~ 4~ A
westmont Ave. lue u'ee can ue viewed ~m ~~ Ave. It ~s about 15~ ht~h amd I~ "
pruneo ouume north aec of me tre~. The tree is in fair to poor health.
ieee#10 - Fruiflema _M_ulbmry ~ "Fruiflim$") - This tree is also behiind the
'. F.."".h?? %5 A e. viewed C k=t Av .
Tree #1 ! -?rivet ~in~,m im~o_,;c~_) -This tree is located to tl~ leR offl~/hint
door of ~e dwdli~ behind the ~ ~tme. It i, apl~x)xim~ly 20/t. ktih and lma
multiple thinks (~,e me,ute 1~~, 3ZS". m/l~' (/m~)/~ o.j~~ ~t 4i~.). The
tree is in fair to poor health and ~s clearly larid~ irri~ion.
Tree #13 - Maple ~ - This small tree is ~rowin~ adjacent to a trail= behind the
Privets listed above, It is about 15~ h~h and has art approximat~ DBH of ? inches. It Is
in fair io poor h~lth, Ther~ is a small amount ofdmsd wood in the ~anop7, I oould not
llain a~cess to the tn~ so th~ meamirements are approxlm~ons.
The Maples and the Privets clesrly show some str~ due to the lnok of moisture, I do
l~tve concerns for th~ trees tl~ ar~ ourrantly to be retained on ~ pro~ duri~ (and
aider) the development phases. A sl~s~ ~ will no~ handle the compa~on, tbo root
dismrbane~ and the hok oftrtillation th~t eonstmaion sites typioal!y pla~ on the trees. I
wo~d recommend at this stage that the trees which are slated to be kept on site be
watered and a fenc~ placed arotmd the root zon~ so that when the heav~ ve~ides oome in
to raze the existing simotur~, the Ire, es are pmteot~ from an~ sev,re oompa~on efta'ts.
Please ~el free to call with any questions you may have.
~¢spec~rully submitted,
Lucy Leebur~
ISA Certifl~l Arbofist #427
2q" boy
20380 Town Center Lane, Suite #230
Cupertino, CA 95014
(408) 255-1528
(408) 255-2421 Fax
Fa_](
'ro-. Dan Revay From: Ginger Chaffin
FEB 0 ? 2OOO
Pinn Brothers Construction, Inc. (for Lucy Leeburg)
Fax: 408-252-2632 Pages: 14 including cover
Phone:. 408-255-9131 x129 Date: 02/04/00
Re: 1345 Westmont Ave., Campbell CC:
[] Urgent [] For Review [] Please Comment [] Please Reply [] Please Recycle
Here are the tree evaluations request, along with a map showing tree locations and numbers.
Please note the following:
1)
The evaluations were done at the time of the odginal report and show tree numbers that
corresponded to that report which included 20 trees. The revised report, including only
the 13 trees in question by the City of Campbell, shows new tree numbers which have
been written below odginal tree number on the evaluations sheets for clarification.
2i There is no evaluation sheet at this time for Tree #7. It is a group of Acacia suckers
which had been added after the odginal report and evaluation.
Hard copy will be sent via US Mail.
RECEIVED
FEI~ 0 8 2000
CITY OF CAMPBELL
PLANNING DEPT,
CITY OF CAMPBELL
Community Development Department · Current Planning
December 28, 1999
Daniel R. Revay
Pinn Bros. Construction Inc.
1475 Saratoga Ave., Suite 250
San Jose, CA 95129
Re: 6 single-family homes on Westmont and Crockett Avenues
Dear Daniel R. Revay:
The Planning Division received revised plans dated December 16 and 21, 1999 from
Mark Retherford of the Dahlin Group. In general, the plans look good. Staff has minor
comments regarding the changes that are proposed.
As the drawings for Plan 1 are very similar to those approved at the City Council meeting
of November 16, 1999, staff has no comments.
Plan 2 looks good. One change should be made on page A2.5 regarding the garage. The
garage is shown with one brace at the gable. Please add additional matching braces on
the front elevation on both sides of the gabled roof, where the roof meets the wall.
Additionally, braces should be added to the first floor gable of the front elevation shown
on page A2.4.
Plan 3 looks good. The page numbering is not correct. The plans read "IX" but should
read A3.1 through A3.5. Please make these changes when submitting for your Building
Permits. Other than page numbering, staff has no other comments regarding Plan 3.
Plan 4 is lacking detail on the south (left) elevation. This is a comer house and is very
visible. Therefore, the plans need more detailing on the side elevation than the others.
As we discussed at our meeting on December 15, 1999 there are a variety of ways to
enhance the side elevation. Architectural elements could wrap the comer or shutters and
flower boxes could be added to the windows. The garage looks fine, especially with an
70 North First Street · Campbell, California 95008.1423 . TEL 408.866.2140 · FaX 408.866.8381 ' TDD 408.866.2790
Letter to Daniel R. Revay
December 28, 1999
Page 2 of 2
upgraded garage door. The page numbering is off for these plans as well. The page
numbering should read A5.1 through A5.5.
Plan 5 should have glazed lights in the garage door. Other than that, the plans are fine.
Plan 6 should have upgraded garage doors as we discussed. The page numbers are
incorrect for the Plan 6 set of drawings. Correct the page numbers to read A6.1 through
A6.5 when submitting for building permits.
In general, staff needs to see the manufacturers specification sheets for the. garage doors
and windows including photographs indicating a true representation of wl~at the garage
doors are to look like.
Attached, please find the City Council Resolution and Conditions of Approval from the
City Council meeting of November 16, 1999 to assist you in preparing your plans for
submittal. In reference to our discussion at the December 15' 1999 meeting, please note
that Condition #3 on page 3 of the resolution states that both the front yards and back
yards shall be landscaped.
Please contact me at 408-866-2143 or via email at katrinas~ci.campbell.ca.us if you
have any questions or comments.
Sincerely,
Katrina Rice Schmidt, AICP
Planner II
City of Campbell
Attachment: Resolution No. 9617 1
cc. Mark Retherford, Dahlin Group
Council
Report
ITEM NO:
CATEGORY: Public Hearing
MEETING DATE: November 16,1999
TITLE
Application of Tom Prebil and John Garagozzo for a 6-lot Tentative Subdivision Map
(TS 98-02) and Site and Architectural plans for six single-family homes (S 98-18) located
on properties at 987 & 1113 Crockett Avenue.
RECOMMENDATION
The Planning Commission recommends that the City Council take the following actions:
1. Grant a Mitigated Negative Declaration for the proposed project; and
2. Adopt a Resolution, incorporating the attached findings, approving a Tentative
Subdivision Map (TS 98-02), subject to the attached conditions of approval; and
3. Adopt a Resolution, incorporating the attached findings, approving the site and
architecture of six single-family houses (S 98-18), subject to the attached conditions
of approval.
BACKGROUND
In 1979, the subject property and adjacent streets were annexed into the City of
Campbell. At that time, the property contained twelve non-conforming structures, storage
facilities and an auto repair garage. In June of 1998 a small single story concrete building,
the auto repair garage, two underground storage tanks and one hydraulic lift were
removed from the site. In September of 1999 the dwellings and storage facilities were
demolished anWor removed from the subject site.
The site is surrounded by San Tomas Aquino Creek to the west, and residential homes
immediately adjacent to the property to the north. Residential homes are situated across
Westmont and Crockett Avenues.
ENVIRONMENTAL DETERMINATION
In accordance with the California Environmental Quality Act, an initial study was
prepared for this project. The study determined that no significant environmental impacts
would be created by the proposed project. The Planning Commission recommends a
Negative Declaration for this project.
GENERAL PLAN AND ZONING CONSISTENCY
General Plan Designation: The proposed project would result in a density of 4.3 units per
gross acre, which is consistent with the Low Density range (Less than 6 units per gross
acre) indicated on the Land Use Element of the General Plan for this area.
Zoning Designation: The subject properties are zoned R-1-6 (Single Family Residential),
and require a minimum lot area of 6,000 square feet, and a minimum lot width of 60 feet.
City Council Report - November 16, 1999
TS 98-02 / S 98-18 - 987 & 1113 Crockett Avenue
Page 2
The lots of the proposed subdivision map range in size from 6,945 square feet to 8,217
square feet. All lots maintain a minimum width of 60 feet, except for the stems of the
two flag lots. The proposal is consistent with the standards of the R-l-6 Zoning District
of the San Tomas Area Neighborhood Plan.
ANALYSIS
Subdivision Design: The proposed map divides the property into six individual lots where
two lots currently exist. Two of the lots face Westmont Avenue. Four of the lots are
located on Crockett Avenue, two of which are flag lots. The flag lots are situated at the
northwest comer of the site, each having their own fifteen-foot minimum access to
Crockett Avenue along the northern boundary of the property. In an effort to reduce the
amount of driveway paving on site, both flag lots will share a single access driveway.
Street Design and Improvements: The subject property is located in the San Tomas Area
and is subject to the standards of the San Tomas Area Neighborhood Plan (STANP).
Westmont Avenue is classified as a Minor Collector in the STANP. The proposed
project is consistent with the STANP, showing requirement at 30-feet from the centerline
of the road (after vacation). As on other parts of Westmont Avenue, the plan shows a
park-strip configuration planted with street trees with a detached sidewalk.
Crockett Avenue is classified as a Minor Local Access Street. The applicant's proposal is
consistent with the current STANP, offering a 20-foot dimension from the centerline of
Crockett Avenue to the property line with no sidewalk, vertical curb or street trees
improvements.
In a condition of approval given to the Planning Commission at public hearing, staff
requested the dedication of eight feet additional right-of-way (28 feet from centerline) to
accommodate installation of vertical curb/gutter and sidewalks and associated
improvements along Crockett. Staff's recommendation is consistent with and based on
the analysis of street improvement issues in the pending review of the updated STANP.
The applicant is opposed to the additional 8-foot dedication. Written letters of opposition
by the property owner and neighbors are located in Attachments 6 and 7 of the October
26, 1999 staff report to Planning Commission (Attachment 4). Attachment 5 of this
report contains two letters regarding street improvements that were provided to the
Planning Commissioners at the October 26, 1999 hearing. One letter is from a concerned
neighbor regarding the varying possibilities of street improvements on Crockett Avenue.
The other letter is from the Valley Transportation Authority (VTA) recommending
continuous sidewalks along Westmont and Crockett Avenues and wheelchair curb ramps
at all driveways and intersections within and adjacent to the project site. The Planning
City Council Report- November 16, 1999
TS 98-02 / S 98-18 - 987 & 1113 Crockett Avenue
Page 3
Commission recommends that the City Council not require the applicant to dedicate and
install streetscape improvements per the proposed amendments to the STANP. The
Planning Commission recommends that the City Council approve the proposal as
submitted, per the existing STANP.
The last public information meeting regarding the update of the STANP was held on
September 30, 1999. Recommendations for the amendment to the current STANP will be
presented to the City Council in January, 2000.
Architecture: The applicant is proposing homes that feature visible front entries on the
four homes fronting on Westmont and Crockett Avenues, porches in the front and rear
elevations, simple roof forms, a variety of exterior materials, window trim treatments, and
stonework wainscoting and chimneys on two of the houses. The applicant uses a
horizontal design emphasis, one-story shed elements and belt courses defining the first
and second floors to limit the perceived scale and mass of the houses as a way to
correspond to the homes in the surrounding area.
Tree Preservation: In September the site was cleared of several mature trees. Each of the
trees unlawfully removed shall be replaced at a ratio of2:l. The project is subject to all
requirements of the Tree Protection Regulations within the Campbell Municipal Code
Chapter 21.56, of the San Tomas Area Neighborhood Plan, and the Water Efficient
Landscape Guidelines, as adopted by City Council.
PLANNING COMMISSION ACTIONS
On October 26,1999 the Planning Commission recommended approval of the six-lot
subdivision and site and architecture for six single-family houses with modifications to
the conditions of approval to indicate compliance with the current standards of the San
Tomas Area Neighborhood Plan (STANP) rather than requiring improvements be made
in accordance with staff's recommended amendments to the STANP which will go before
the City Council in January, 2000. The Planning Commission recommended approval of
the project with four commissioners voting for approval, one commissioner absent, and
two commissioners abstaining.
City Council Report - November 16, 1999
TS 98-02 / S 98-18 - 987 & 1113 Crockett Avenue
Page 4
ALTERNATIVES
1. Approve the Tentative Subdivision Map and the Site and Architectural proposal in
accordance with Planning Commission recommendations.
2. Approve the Tentative Subdivision Map and the Site and Architectural proposal with
modifications to the Conditions o£Approval.
3. Deny the Tentative Subdivision Map and the Site and Architectural proposal.
4. Continue £or further review and direct the applicant to prepare a revised proposal and
return to the Planning Commission.
FISCAL IMPACTS
The city will receive Park Impact fees of $10,990 per unit prior to occupancy of the
houses. This'analysis does not represent a review of increased property values and
improvements associated with the project nor the service cost associated with the
proposed land uses.
Attachments:
1. Draft Resolution approving the Tentative Subdivision Map
2. Draft Resolution approving the Site and Architecture of six single-family houses
3. Planning Commission Resolutions and Draft Hearing Minutes October 26, 1999
4. Planning Commission Staff'Report and Attachments October 26, 1999
5. Desk Items for Planning Commissioners October 26, 1999
Prepared by:
Reviewed ~ -
[, Community Development Director
Approved by:
Bernard Strojny, City Manager
Attachment #5
Mr. Steve Piasecki, Secretory
Planning Commission, City of Campbell
70 North First Street
Campbell, CA 95008-1423
Octobcr 26, 1999
Dear Sir,
I am a rcsidcnt of 99g Crockett Avcnuo Th~s letter is regarding new Single Family Rcstdcntial
development project (File No. TS 9ll-02dS
I had al opportunity to sec thc &sign package through Mr. Garagozza last week. [ like the design
and flsc quality of thc work they arc trying to achieve. I wclcomc thc dcvciopcr like Mr.
Garagozza. Thc only cone, em related to this project, as wcll as to thc fi~ture project in this
neighborhood is the potent'0,1 inconsis~mcy of the zoning rcgulation, more specifically, thc issue
related to thc curb, gutter & sidewalk (C/G & sidewalk). Currently, ~W next door's neighbor and
my property arc thc only two properties in this street have a standard C/G & sidewalk. Thc
remaining of thc street is ummprovcd in my view, there are nnly three options available.
Option #1--Full improvement with thc standard CIG & sidewalk.
[ do not object to this
Option #2---Full improvcmcnt with the rolled curb for thc entre: stnxt.
[ do nol object Io this under 1h¢ condition thai the existing CIG & sidewalk including thc
one in my prolx:rly IO be modified to mil curb without inc~srring any expense on my part. I
should not pay twice
.Option #3---Standard CIG & sidewalk at the EAST side of thc street which my house is.
Rolled curb at thc WEST side of thc street (nmv development).
I would object to this option under th;: following reasons.
a) 1£ will bnng thc nmJonty of thc pedestrian traffic to the East s~dc. It will create
more probh.'ms such as trash, dog dropping, damage to landscape/sprinkler head,
skateboarding, mailbox vandal, crc .... which I have experienced during past 8
years.
b) It" ! am correct. ,t will teorc~; East side; propcrti=s have a greater building setback
thm~ the West side dc~c~, ifyou u.~ ca.'ntcrlinc ofthg stn.x.'t as a datum point. It will
decrease die depth of the usable rear yard, therefore decrease thc future design
flcxibshl;y and maybe prol:x;rty value. It is not a fair thing to do unlcss all
conditions being equal.
Thc issue of thc strcctscapc is an issue of city planning a,~d zoning. The comprchcnsivc city zoning
regulation is required if' we try. to build a good image of'thc City otCampbcll. I appreciate your
attention to this matter
Ve~ tntly yours,
Michael Wu
998 Crockett Avenue
Campbell, CA 95008
Planning Commission Minutes of October 26, 1999 Page 6
Chairman Jones read Agenda Item No. 2 into the record.
Commissioners Lowe and Hernandez both advised that due to family conflicts with the next
item, they would abstain from participating in the Public Hearing.
TS 98-02/S 98-18
Prebil/Garagozza
Public Hearing to consider the application of Mr. Tom Prebil and
Mr. John Garagozza, on behalf of MVA Construction Co., Inc., for
approval of a Tentative Subdivision Map (TS 98-02) and a Site
and Architectural Approval (S 98-18) to allow a subdivision to
create six parcels on property located at 1113 Crockett Avenue
(northwest comer of Crockett & Westmont) in an R-l-6 (Single
Family Residential) Zoning District. An Initial Study has been
prepared for this project and a Negative Declaration has been
recommended which concludes that there are no significant
environmental impacts related to the project. A copy of the Initial
Study and Draft Negative Declaration are available for public
review in the Planning Office. Tentative City Council Meeting
Date: November 16, 1999.
Ms. Katrina Rice Schmidt, Planner II, presented the staff report as follows:
· Advised that the applicants are seeking a Tentative Subdivision Map and Site
and
Architectural Approvals to allow the creation of six single-family residential lots and six new
single-family residences.
· The project site is located on the northwest comer of Westmont and Crockett and is within an
R-1-6 (Single Family Residential) Zoning District.
· The project site consists of 1.39 acres and is surrounded by single family residences. The
property is within the San Tomas Area Neighborhood.
· The proposed project is consistent with the Zoning and the provisions of the San Tomas Area
Neighborhood Plan. The proposed density is 4.33 units per acre.
· The individual lots will range in size from 6,945 square feet to 8,217 square feet and will be
created from two existing parcels. Two lots will face onto Westmont Avenue and four will
face onto Crockett, although two will be flag lots.
· The homes will consist of 2,500 to 3,000 square feet which represents a .42 Floor Area Ratio.
The homes will feature both front and rear porches, cedar siding, stucco walls. Mature trees
have been removed and will be replaced.
· SARC reviewed this project on October 12, 1999, and is supportive.
· Reminded the Commission that two communications distributed this evening are relating to
this project. A letter from Valley Transportation Agency asks for continuous sidewalks and
ramps. A letter from neighbor, Mr. Michael Wu, seeks full improvements along the west
side of Crockett Avenue.
· Advised that Conditions of Approval 11 and 14 require a dedication should the San Tomas
Area Neighborhood Plan be amended within the next year to require public improvements.
Planning Commission Minutes of October 26, 1999 Page 7
Commissioner Gibbons advised that the site plan would have to be modified if the public right of
way improvements are required for this project.
Ms. Katrina Rice Schmidt advised that the applicant is opposed to the additional dedication. The
dedication will affect Floor Area Ratios and lot coverage but the footprint of the structures can
stay the same with the exception of one garage that would have to become detached. The lots are
still well within requirements even with the dedication.
Commissioner Gibbons sought clarification that if Council approves changes to the San Tomas
Area Neighborhood Plan within one year, the dedication would be required.
Mr. Steve Piasecki advised that the applicant would have to leave room for the additional right-
of-way for one year. He added that each lots is reduced by 250 to 300 square feet if the
dedication is ultimately required.
Commissioner Gibbons presented the Site and Architectural Review Committee report as
follows:
· SARC met on October 12, 1999, to review this project.
· SARC is supportive of the architectural design and requested substantive trees for the site,
window details and fence details.
Commissioner Lindstrom sought clarification that the SARC requirements are included within
the Conditions of Approval.
Ms. Katrina Rice Schmidt replied that the SARC requirements were incorporated into the
Conditions of Approval.
Chairman Jones opened the Public Hearing for Agenda Item No. 2.
Mr. Tom Prebil, Applicant:
· Stated that he supports sending this project on to Council.
Chairman Jones closed the Public Hearing for Agenda Item No. 2.
Chairman Jones expressed his appreciation for the large lot "Country" estates and stated his
support for staff recommendations.
Commissioner Gibbons suggested another alternative, following existing rules of the San Tomas
Area Neighborhood Plan.
Motion:
Upon motion of Commissioner Gibbons, seconded by Commissioner
Lindstrom, the Planning Commission adopted:
A. Resolution No. 3241 recommending that Council approve a Tentative
Subdivision Map (TS 98-02) to allow the creation of six residential
Planning Commission Minutes of October 26, 1999 Page 8
parcels (with Conditions 11 & 14 to be consistent with the existing
San Tomas Area Neighborhood Plan requirements);
B. Resolution No. 3242 recommending that Council grant Site and
Architectural Approvals (S 98-18) to allow for the construction of six
residences on property located at 1113 Crockett Avenue; and
C. That Council adopt a Negative Declaration for this project.
by the following roll call vote:
AYES: Francois, Gibbons, Jones, Lindstrom
NOES: None
ABSENT: Kearns
ABSTAIN: Hernandez, Lowe
This item will be considered by Council at its meeting of November 16, 1999.
Commissioners Hemandez and Lowe rejoined the Commission.
Chairman Jones read Agenda Item No. 3 into the record.
M 99-10
(UP 95-02)
Berry, M.
Public Hearing to consider the application of Mr. Michael Berry,
on behalf of the Western College of Therapeutic Massage, for
approval of a Modification (M 99-10) to a previously approved
Conditional Use Permit (UP 95-02) to allow a 760 square foot
expansion to an existing massage school located at 2231-A
Winchester Boulevard in a C-2-S (General Commercial) Zoning
District. This Project is Categorically Exempt from environmental
review. Planning Commission decision final unless appealed in
writing to the City Clerk within 10 days.
Ms. Aki Irani, Planner I, presented the staff report as follows:
· Advised that the applicant is seeking approval for the expansion
of hours and scope of
operation for a massage school on Winchester Boulevard.
· The project site is located on the northwest comer of Winchester and Catalpa. ..
· The surrounding uses include a vacant residential lot to the west, vacant commercial to the
east and commercial to the north and south.
· The property is zoned C-2-S (General Commercial).
· The use includes lectures and instruction and massage clinics where the students actual work
on clients. No payment is made to the students. The compensation for the massage therapy
is paid to the school. Students earn credit on their tuition.
· The expansion of hours is from 7 a.m. to 11 p.m. The last class would end at 10 p.m. The
last hour would be to allow students an opportunity to speak with instructors after class and
allow the school to be shut down for the evening.
Attachment #3
RESOLUTION NO. 3241
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL RECOMMENDING APPROVAL OF A
TENTATIVE SUBDIVISION MAP (TS 98-01) TO ALLOW THE
CREATION OF 6 LOTS ON PROPERTY LOCATED AT 987 & 1113
CROCKETT AVENUE. APPLICATION OF MVA CONSTRUCTION
CO., INC. FILE NO. TS 98-02.
After notification and public hearing, as specified by law, and after presentation by the
Community Development Staff, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the Planning Commission did find as follows
with respect to application TS 98-02:
The proposed density of 4.3 units per gross acre is consistent with the allowable density
permitted under the General Plan.
The proposed map is consistent with the development standards (including lot size and
minimum lot dimension) of the R-l-6 Zoning District and the San Tomas Area
Neighborhood Plan (STANP).
The proposed subdivision layout allows for access to sunlight.
Each new parcel created has access to a public right-of-way.
An initial study was prepared for this project and no significant environmental impacts
were found.
The individual character of the home designs are consistent with other developments in the
surrounding area.
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that, subject to the imposed conditions:
1. The proposed subdivision is consistent with the General Plan.
The proposed subdivision does not impair the balance between the housing needs of the
region and the public service needs of the residents and available fiscal and environmental
resources.
3. The site is physically suitable for the proposed density and type of development.
The design of the subdivision provides, to the extent feasible, for future passive or
natural heating or cooling opportunities.
No substantial evidence has been presented which shows that the project, as currently
presented and subject to the required conditions of approval will have a significant adverse
impact on the environment.
Planning Commission Resolution No. 3241
TS 98-02 - 987 & 1113 Crockett Avenue
Page 2
6. The proposed project will aid in the harmonious development of the immediate area.
The applicants are hereby notified, as part of this application, that they are required to meet the
following conditions in accordance with the Ordinances of the City of Campbell and the State of
California. The lead department with which the applicant will work is identified. Additionally,
the applicants are hereby notified that they are required to comply with all applicable Codes and
Ordinances of the City of Campbell and the State of California that pertain to this development
and are not contained herein.
SITE DESIGN
1. Approved Proiect: Approval is granted for a Tentative Subdivision Map and Site and
Architectural plans allowing the creation of six (6) single-family lots and six (6) single-
family houses on property located at 987 & 1113 Crockett Avenue.
A) The subdivision map shall substantially conform to the map prepared by Underwood
& Rosenblum dated 0%03-99, received by the City on September 7, 1999, except as
may be modified by the Conditions of Approval herein.
B) The Site and Architectural plans shall substantially conform to the plans prepared by
David V. Hemandez, Architect, received by the City on September 7, 1999, except
as may be modified by the Conditions of Approval herein. (Planning)
ARCHITECTURE
2. Building elevations: Building elevations shall include the following:
A) Provision of a color/material sample board specifying color palette, textures and
materials.
B) Provision of building elevations and details illustrating architectural features such as
porches and railings, window boxes, decorative gates, cornice treatments, veneers,
tile, or brick details.
C) Provide variation in the color of roof materials throughout the project. Composition
roof materials should be 40-year quality or higher. Submit brochures or roof samples
of the color and material of the proposed roofing.
D) Windows shall have significant insets to create shadow lines and shall be detailed
with trim and sill details, grid patterns and dimensional grids along street elevations.
Provision of window schedules depicting the high quality of window treatment and
styles depicted on the elevations.
E) Garage doors shall have automatic opening devices and shall have decorative features
such as windows and panels.
F) Front doors shall be enhanced with inset panels or windows.
G) Front yards are to be landscaped and driveway, walkway and porches shall use
decorative pavement treatments such as banding, colored concrete, brick courses or
other alternative pavement enhancements.
Planning Commission Resolution No. 3241
TS 98-02 - 987 & 1113 Crockett Avenue
Page 3
H) Architectural details to be carried throughout all four elevations of the residences.
(Planning)
LANDSCAPING
3. Landscaping:
Applicant shall submit four (4) sets of a revised landscaping plans
indicating type and size of plant material including trees, planting details, decorative
paving and automatic irrigation system to the Community Development Department for
review and approval prior to the issuance of building permits.
A) Landscape plans shall be submitted for the access easement of the flag lots
and for front and rear yards of all six lots.
B) Decorative paving will be required for the access drive to the flag lots to
mitigate the long, visually unappealing driveway. (Planning)
Tree Appraisal: Prior to the recordation of the final map, the applicant shall submit a tree
appraisal prepared by a certified arborist to accommodate a previously submitted tree
survey. The Community Development Director will use the tree appraisal as a guide for
determining replacement trees for review and approval. Two replacement trees shall be
planted for every one removed, and shall be shown on the revised landscape plan.
(Planning)
PROPERTY MANAGEMENT/UTILITIES
5. Structural Removal: All structures (i.e. trailers and storage container) on the subject
properties shall be removed prior to recordation of the final map. (Planning)
Property Maintenhnce: The property shall be maintained free of any combustible trash,
debris and weeds, until the time that actual construction commences. All existing
structures shall be demolished or removed from the property. (Planning)
Utility Boxes and Back-Flow Preventers: Applicant shall submit a plan to the Community
Development Department, prior to installation of PG&E utility (transformer) boxes and
S.J. Water back-flow preventers, indicating the location of the boxes and screening (if
boxes are above ground) for approval of the Community Development Director.
(Planning)
o
Ingress-Egress Agreement: The owner of parcels 1 and 2 shall record an agreement
satisfactory to the Community Development Department and the City Attorney for the
land on the north ("flag pole") side of the property to establish and maintain a permanent
access drive and landscape area. The owners of parcels 1 and 2 shall establish a
mechanism that provides for maintenance of the driveway and landscaping. (Planning)
Park In-Lieu Fee: Applicant to pay an in-lieu fee of park dedication of $65,940.00 (6 lots
@ $10,990 per lot). 75% of the fee is due prior to recordation of the final subdivision
map. 25% of the fee is due prior to occupancy by the Building Division.
Planning Commission Resolution No. 3241
TS 98-02 - 987 & 1113 Crockett Avenue
Page 4
PUBLIC WORKS DEPARTMENT
10. Preliminary Title Report: Prior to recordation of the Final Tract Map, the applicant shall
provide a current Preliminary Title Report.
11.
Right-of-Way for Public Street Purposes: Prior to recordation of the Final Map, the
applicant shall grant Right-of-Way for Public Street Purposes per the San Tomas Area
Neighborhood Plan. Applicant shall cause all documents to be prepared for approval by
the City, as necessary.
12.
Record Dedication: Applicant shall prepare all documents necessary to record dedication
and submit to the City for review, acceptance and recording.
13.
Easements: Prior to recordation of the Final Map, the applicant shall cause private
easements to be recorded on the Final Map, as necessary.
14.
Street Improvements: Prior to recordation of the final Tract Map, the applicant shall cause
plans for public street improvements to be prepared by a registered civil engineer, pay
fees, execute a street improvement agreement, post security and provide insurance
necessary to obtain an encroachment permit for construction of all improvements with the
public right-of-way, as required by the City Engineer per the San Tomas Area
Neighborhood Plan.
15.
Maintenance Security: Prior to issuance of occupancy approval for the site, all public
street improvements required by the encroachment' permit must be completed and
accepted by the City and the applicant must provide a one-year Maintenance Security in
an amount of 25% of the Faithful Performance Bond.
16.
Storm Drain Area Fee: Prior to issuance of any grading, drainage, or building permits for
the site, the applicant shall pay the required storm drainage area fee. The current fee is
$2,000 per acre.
17.
Grading and Drainage Plan: Prior to issuance of any grading, drainage or building permits
for the site, the applicant shall conduct hydrology studies based on a 10 year storm
frequency, prepare an engineered grading and drainage plan, and pay fees required to
obtain necessary grading permits. The plans shall comply with the 1994 edition of the
UBC including Chapters 18, 33, and Appendix Chapter 33.
18.
Utilities: All new on-site utilities shall be installed underground per Section 20.36.150 of
the Campbell Municipal Code for any new or remodeled buildings or additions.
Applicant shall provide evidence from all utility companies that the application as
proposed can be served. Applicant shall comply with all plan submittals, permitting and
fee requirements of the serving utility company.
Planning Commission Resolution No. 3241
TS 98-02 - 987 & 1113 Crockett Avenue
Page 5
19.
Utility Installation Plan: Prior to issuance of building permits, the applicant shall submit a
Utility Installation Plan and Schedule for approval by the City Engineer for installation of
all utilities. Streets which have been resurfaced within the previous 5 years will require
boring and jacking for all new utility installations and will also require a pavement
restoration plan for approval by the City Engineer prior to any utility installation or utility
abandonment.
20.
Soils Report: Prior to issuance of any grading, drainage, or building permits for the site,
applicant shall provide two copies of a current soils report prepared by a registered
geotechnical or civil engineer.
21.
Storm Water Management: Comply with California Storm Water Best Management
Practices Handbook, prepared by Storm Water Quality Task Force, Santa Clara Valley
Water District.
22.
National Pollution Discharge Elimination System: Prior to issuance of any grading,
drainage, or building permits, the applicant shall comply with the NPDES and Title 14 of
the Municipal Code concerning storm water pollution control.
23.
Flood Control: Prior to recordation of the Final Map, the applicant shall comply with all
requirements of the Santa Clara Valley Water District.
24.
Monumentation Security: Prior to recording the Final Tract Map, applicant shall provide
security guaranteeing the cost of setting all monuments as shown on the record map, as
determined by the City Engineer.
25.
Notifications: Applicant shall notify adjacent property owners prior to beginning of
construction of street improvements and shall provide a 24-hour contact number for
adjacent residents to contact regarding the project.
FIRE DEPARTMENT REQUIREMENTS
26. Compliance with Codes: Review of this Development proposal is limited to acceptability
of site access and water supply as they pertain to fire department operations, and shall not
be construed as a substitute for formal plan review to determine compliance with adopted
model codes. Prior to performing any work the applicant shall apply to the Building
Department for applicable construction permits.
27.
Access: Flagged Lots (Lots 1 and 2) shall conform with all access and water supply
requirements in accordance with Fire Code Article 9. Contact Fire Department for
applicable means of compliance.
Planning Commission Resolution No. 3241
TS 98-02 - 987 & 1113 Crockett Avenue
Pa~e 6
28.
Fire Apparatus (Engine) Access Driveway and Turnaround Required: Provide an access
driveway with a paved all weather surface and a minimum unobstructed width of 12 feet,
vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 36 feet ourside
and 23 feet inside, and a maximum slope of 15%. Installations shall conform to Fire
Department Standard Details and Specifications D-1.
Grass Crete shall be permitted within the turn-around area provided engineering
and manufacturer's detail sheets are provided for review upon successive map
or site submittals.
Both flag lots (lots 1 and 2) shall be provided with an approved residential fire
sprinkler system (NFPA 13d).
BUILDING INSPECTION DIVISION
29. Permits Required: A building permit application shall be required for the proposed
structures. The building permit shall include Electrical/Plumbing/Mechanical fees when
such work is part of the permit. Permits shall be required for each individual dwelling and
garage.
30. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet
of construction plans submitted for building permit.
31. Size of Plans: The maximum size of construction plans submitted for building permits
shall be 24 in. x 36 in.
32.
33.
34.
Foundation Inspections: A pad certificate prepared by a licensed civil engineer or land
surveyor shall be submitted to the project building inspector upon foundation inspection.
This certificate shall certify compliance with the recommendations as specified in the soils
report and the building pat elevation and on-site retaining wall locations and elevations are
prepared according to approved plans. Horizontal and vertical controls shall be set and
certified by a licensed surveyor or registered civil engineer for the following items: A) pad elevation
B) finish floor elevation (first floor)
C) foundation corner locations
Title 24 Energy Compliance: California Title 24 Energy Compliance forms CF-1R and
MF-1R shall be blue-lined on the construction plans.
Special Inspections: When a special inspection is required by U.B.C. Section 1701, the
architect or engineer of record shall prepare an inspection program that shall be submitted
to the Building Official for approval prior to issuance of the building permits, in
accordance with U.B.C. Section 106.3.5. Please obtain City of Campbell, Special
Inspection forms from the Building Inspection Division Counter.
Planning Commission Resolution No. 3241
TS 98-02 - 987 & 1113 Crockett Avenue
Page 7
35.
Stormwater: The City of Campbell's standard Santa Clara Valley Non-point Source
Pollution Control Program specification sheet shall be part of plan submittal. The
specification sheet (size 24" x 36") is available at the Building Division service counter.
36. Approvals Required: The project requires the following agency approval prior to issuance
of the building permit:
A) West Valley Sanitation District
B) Santa Clara County Fire Department
C) School District:
1) Campbell Union School District (378-3405)
2) Campbell Union High School District (371-0960)
3) Moreland School District (874-2900)
4) Cambrian School District (377-2103)
D) Bay Area Air Quality Management District (Demolitions Only).
PASSED AND ADOPTED this 26th day of October, 1999, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Francois, Gibbons, Lindstrom, Meyer-Kennedy
Jones, Lowe
Keams
None
APPROVED:
Dennis Lowe, Chair
ATTEST ·
Steve Piasecki, Secretary
RESOLUTION NO. 3242
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL RECOMMENDING APPROVAL OF A SITE AND
ARCHITECTURAL APPLICATION (S 98-18) TO ALLOW THE
CONSTRUCTION OF SIX NEW SINGLE FAMILY RESIDENCES ON
PROPERTY LOCATED AT 987 & 1113 CROCKETT AVENUE.
APPLICATION OF MVA CONSTRUCTION CO., INC. FILE NO. S 98-18.
After notification and public hearing, as specified by law, and after presentation by the
Community Development Staff, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the Planning Commission did find as follows
with respect to application S 98-18:
The proposed density of 4.3 units per gross acre is consistent with the allowable density
permitted under the General Plan.
The proposed map is consistent with the development standards (including lot size and
minimum lot dimension) of the R-l-6 Zoning District and the San Tomas Area
Neighborhood Plan (STANP).
3. The proposed subdivision layout allows for access to sunlight.
4. Each new parcel created has access to a public right-of-way.
An initial study was prepared for this project and no significant environmental impacts
were found.
o
The individual character of the home designs are consistent with other developments in the
surrounding area.
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that, subject to the imposed conditions:
1. The proposed subdivision is consistent with the General Plan.
The proposed subdivision does not impair the balance between the housing needs of the
region and the public service needs of the residents and available fiscal and environmental
resources.
3. The site is physically suitable for the proposed density and type of development.
The design of the subdivision provides, to the extent feasible, for future passive or
natural heating or cooling opportunities.
No substantial evidence has been presented which shows that the project, as currently
presented and subject to the required conditions of approval will have a significant adverse
impact on the environment.
Planning Commission Resolution No. 3242
S 98-18 - 987 ar 1113 Crockett Avenue
Page 2
6. The proposed project will aid in the harmonious development of the immediate area.
The applicants are hereby notified, as part of this application, that they are required to meet the
following conditions in accordance with the Ordinances of the City of Campbell and the State of
California. The lead department with which the applicant will work is identified. Additionally,
the applicants are hereby notified that they are required to comply with all applicable Codes and
Ordinances of the City of Campbell and the State of California that pertain to this development
and are not contained herein.
SITE DESIGN
1. Approved Project: Approval is granted for a Tentative Subdivision Map and Site and
Architectural plans allowing the creation of six (6) single-family lots and six (6) single-
family houses on property located at 987 & 1113 Crockett Avenue.
A) The subdivision map shall substantially conform to the map prepared by Underwood
& Rosenblum dated 09-03-99, received by the City on September 7, 1999, except as
may be modified by the Conditions of Approval herein.
B) The Site and Architectural plans shall substantially conform to the plans prepared by
David V. Hemandez, Architect, received by the City on September 7, 1999, except
as may be modified by the Conditions of Approval herein. (Planning)
ARCHITECTURE
2. Building elevations: Building elevations shall include the following:
A) Provision of a color/material sample board specifYing color palette, textures and
materials.
B) Provision of building elevations and details illustrating architectural features such as
porches and railings, window boxes, decorative gates, cornice treatments, veneers,
tile, or brick details.
C) Provide variation in the color of roof materials throughout the project. Composition
roof materials should be 40-year quality or higher. Submit brochures or roof samples
of the color and material of the proposed roofing.
D) Windows shall have significant insets to create shadow lines and shall be detailed
with trim and sill details, grid patterns and dimensional grids along street elevations.
Provision of window schedules depicting the high quality of window treatment and
styles depicted on the elevations.
E) Garage doors shall have automatic opening devices and shall have decorative features
such as windows and panels.
F) Front doors shall be enhanced with inset panels or windows.
G) Front yards are to be landscaped and driveway, walkway and porches shall use
decorative pavement treatments such as banding, colored concrete, brick courses or
other alternative pavement enhancements.
Planning Commission Resolution No. 3242
S 98-18 - 987 & 1113 Crockett Avenue
Page 3
H) Architectural details to be carried throughout all four elevations of the residences.
(Planning)
LANDSCAPING
3. Landscaping: Applicant shall submit four (4) sets of a revised landscaping plans
indicating type and size of plant material including trees, planting details, decorative
paving and automatic irrigation system to the Community Development Department for
review and approval prior to the issuance of building permits.
A) Landscape plans shall be submitted for the access easement of the flag lots
and for front and rear yards of all six lots.
B) Decorative paving will be required for the access drive to the flag lots to
mitigate the long, visually unappealing driveway. (Planning)
Tree Appraisal: Prior to the recordation of the final map, the applicant shall submit a tree
appraisal prepared by a certified arborist to accommodate a previously submitted tree
survey. The Community Development Director will use the tree appraisal as a guide for
determining replacement trees for review and approval. Two replacement trees shall be
planted for every one removed, and shall be shown on the revised landscape plan.
(Planning)
PROPERTY MANAGEMENT/UTILITIES
5. Structural Removal: All structures (i.e. trailers and storage container) on the subject
properties shall be removed prior to recordation of the final map. (Planning)
Property Maintenance: The property shall be maintained free of any combustible trash,
debris and weeds, until the time that actual construction commences. All existing
structures shall be demolished or removed from the property. (Planning)
Utility Boxes and Back-Flow Preventers: Applicant shall submit a plan to the Community
Development Department, prior to installation of PG&E utility (transformer) boxes and
S.J. Water back-flow preventers, indicating the location of the boxes and screening (if
boxes are above ground) for approval of the Community Development Director.
(Planning)
Ingress-Egress Agreement: The owner of parcels 1 and 2 shall record an agreement
satisfactory to the Community Development Department and the City Attorney for the
land on the north ("flag pole") side of the property to establish and maintain a permanent
access drive and landscape area. The owners of parcels 1 and 2 shall establish a
mechanism that provides for maintenance of the driveway and landscaping. (Planning)
Park In-Lieu Fee: Applicant to pay an in-lieu fee of park dedication of $65,940.00 (6 lots
@ $10,990 per lot). 75% of the fee is due prior to recordation of the final subdivision
map. 25% of the fee is due prior to occupancy by the Building Division.
Planning Commission Resolution No. 3242
S 98-18 - 987 & 1113 Crockett Avenue
Page 4
PUBLIC WORKS DEPARTMENT
10. Preliminary Title Report: Prior to recordation of the Final Tract Map, the applicant shall
provide a current Preliminary Title Report.
11.
Right-of-Way for Public Street Purposes: Prior to recordation of the Final Map, the
applicant shall grant Right-of-Way for Public Street Purposes per the San Tomas Area
Neighborhood Plan. Applicant shall cause all documents to be prepared for approval by
the City, as necessary.
12.
Record Dedication: Applicant shall prepare all documents necessary to record dedication
and submit to the City for review, acceptance and recording.
13.
Easements: Prior to recordation of the Final Map, the applicant shall cause private
easements to be recorded on the Final Map, as necessary.
14.
Street Improvements: Prior to recordation of the final Tract Map, the applicant shall cause
plans for public street improvements to be prepared by a registered civil engineer, pay
fees, execute a street improvement agreement, post security and provide insurance
necessary to obtain an encroachment permit for construction of all improvements with the
public right-of-way, as required by the City Engineer per the San Tomas Area
Neighborhood Plan.
15.
Maintenance Security: Prior to issuance of occupancy approval for the site, all public
street improvements required by the encroachment permit must be completed and
accepted by the City and the applicant must provide a one-year Maintenance Security in
an amount of 25% of the Faithful Performance Bond.
16.
Storm Drain Area Fee: Prior to issuance of any grading, drainage, or building permits for
the site, the applicant shall pay the required storm drainage area fee. The current fee is
$2,000 per acre.
17.
Grading and Drainage Plan: Prior to issuance of any grading, drainage or building permits
for the site, the applicant shall conduct hydrology studies based on a 10 year storm
frequency, prepare an engineered grading and drainage plan, and pay fees required to
obtain necessary grading permits. The plans shall comply with the 1994 edition of the
UBC including Chapters 18, 33, and Appendix Chapter 33.
18.
Utilities: All new on-site utilities shall be installed underground per Section 20.36.150 of
the Campbell Municipal Code for any new or remodeled buildings or additions.
Applicant shall provide evidence from all utility companies that the application as
proposed can be served. Applicant shall comply with all plan submittals, permitting and
fee requirements of the serving utility company.
Planning Commission Resolution No. 3242
S 98-18- 987 & ! 113 Crockett Avenue
Pa~e 5
19.
Utility Installation Plan: Prior to issuance of building permits, the applicant shall submit a
Utility Installation Plan and Schedule for approval by the City Engineer for installation of
all utilities. Streets which have been resurfaced within the previous 5 years will require
boring and jacking for all new utility installations and will also require a pavement
restoration plan for approval by the City Engineer prior to any utility installation or utility
abandonment.
20.
Soils Report: Prior to issuance of any grading, drainage, or building permits for the site,
applicant shall provide two copies of a current soils report prepared by a registered
geotechnical or civil engineer.
21.
Storm Water Management: Comply with California Storm Water Best Management
Practices Handbook, prepared by Storm Water Quality Task Force, Santa Clara Valley
Water District.
22.
National Pollution Discharge Elimination System: Prior to issuance of any grading,
drainage, or building permits, the applicant shall comply with the NPDES and Title 14 of
the Municipal Code concerning storm water pollution control.
23.
Flood Control: Prior to recordation of the Final Map, the applicant shall comply with all
requirements of the Santa Clara Valley Water District.
24.
Monumentation Security: Prior to recording the Final Tract Map, applicant shall provide
security guaranteeing the cost of setting all monuments 'as shown on the record map, as
determined by the City Engineer.
25.
Notifications: Applicant shall notify adjacent property owners prior to beginning of
construction of street improvements and shall provide a 24-hour contact number for
adjacent residents to contact regarding the project.
FIRE DEPARTMENT REQUIREMENTS
26. Compliance with Codes: Review of this Development proposal is limited to acceptability
of site access and water supply as they pertain to fire department operations, and shall not
be construed as a substitute for formal plan review to determine compliance with adopted
model codes. Prior to performing any work the applicant shall apply to the Building
Department for applicable construction permits.
27.
Access: Flagged Lots (Lots 1 and 2) shall conform with all access and water supply
requirements in accordance with Fire Code Article 9. Contact Fire Department for
applicable means of compliance.
Planning Commission Resolution No. 3242
S 98-18 - 987 & 1113 Crockett Avenue
Page 6
28.
Fire Apparatus (Engine) Access Driveway and Turnaround Required: Provide an access
driveway with a paved all weather surface and a minimum unobstructed width of 12 feet,
vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 36 feet ourside
and 23 feet inside, and a maximum slope of 15%. Installations shall conform to Fire
Department Standard Details and Specifications D-1.
Grass Crete shall be permitted within the turn-around area provided engineering
and manufacturer's detail sheets are provided for review upon successive map
or site submittals.
Bo
Both flag lots (lots 1 and 2) shall be provided with an approved residential fire
sprinkler system (NFPA 13d).
BUILDING INSPECTION DIVISION
29. Permits Required: A building permit application shall be required for the proposed
structures. The building permit shall include Electrical/Plumbing/Mechanical fees when
such work is part of the permit. Permits shall be required for each individual dwelling and
garage.
30. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet
of construction plans submitted for building permit.
31. Size of Plans: The maximum size of construction plans submitted for building permits
shall be 24 in. x 36 in.
32.
Foundation Inspections: A pad certificate prepared by a licensed civil engineer or land
surveyor shall be submitted to the project building inspector upon foundation inspection.
This certificate shall certify compliance with the recommendations as specified in the soils
report and the building pat elevation and on-site retaining wall locations and elevations are
prepared according to approved plans. Horizontal and vertical controls shall be set and
certified by a licensed surveyor or registered civil engineer for the following items: A) pad elevation
B) finish floor elevation (first floor)
C) foundation comer locations
33. Title 24 Energy Compliance: California Title 24 Energy Compliance forms CF-IR and
MF-1R shall be blue-lined on the construction plans.
34.
Special Inspections: When a special inspection is required by U.B.C. Section 1701, the
architect or engineer of record shall prepare an inspection program that shall be submitted
to the Building Official for approval prior to issuance of the building permits, in
accordance with U.B.C. Section 106.3.5. Please obtain City of Campbell, Special
Inspection forms from the Building Inspection Division Counter.
Planning Commission Resolution No. 3242
S 98-18 - 987 & 1113 Crockett Avenue
Page 7
35.
Stormwater: The City of Campbell's standard Santa Clara Valley Non-point Source
Pollution Control Program specification sheet shall be part of plan submittal. The
specification sheet (size 24" x 36") is available at the Building Division service counter.
36. Approvals Required: The project requires the following agency approval prior to issuance
of the building permit:
A) West Valley Sanitation District
B) Santa Clara County Fire Department
C) School District:
1) Campbell Union School District (378-3405)
2) Campbell Union High School District (371-0960)
3) Moreland School District (874-2900)
4) Cambrian School District (377-2103)
D) Bay Area Air Quality Management District (Demolitions Only).
PASSED AND ADOPTED this 26th day of October, 1999, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Francois, Gibbons, Lindstrom, Meyer-Kennedy
Jones, Lowe
Keams
None
APPROVED:
Dennis Lowe, Chair
ATTEST:
Steve Piasecki, Secretary
ITEM NO. 2
STAFF REPORT - PLANNING COMMISSION MEETING OF
October 26, 1999
TS 98-02 / S 98-18
Prebil, Tom &
Garagozzo, John
Public Hearing to consider the application of Tom Prebil and John
Garagozzo for approval of a Tentative Subdivision Map to allow a
six-lot subdivision and Site and Architectural approval for six single-
family homes on properties located at 987 & 1113 Crockett Avenue
in an R-l-6 (Single Family Residential) Zoning District. (Tentative
City Council Date: November 16, 1999)
STAFF RECOMMENDATION
That the Planning Commission takes the following action:
RECOMMEND that the City Council grant a Negative Declaration for this
application.
ADOPT a Resolution incorporating the attached findings, recommending that the
City Council approve the tentative subdivision map (TS 98-02), subject to the
attached Conditions of Approval.
o
ADOPT a Resolution incorporating the attached findings, approving the site and
architecture of six single-family houses (S 98-18), subject to the attached
Conditions of Approval.
ENVIRONMENTAL DETERMINATION
An environmental initial study, covering the proposed building and site work, has
been conducted. The study found there would be no significant environmental
impacts due to the work; therefore the adoption of a Negative Declaration is
recommended. The Negative Declaration can be found in Attachment 3.
PROJECTDATA
Gross Site Area:
Net Site Area:
Proposed Lots:
Average Net Lot Size:
Density:
1.39 acres (60,384 sq. ft.)
1.03 acres (45,050 sq. ft.)
6
7,508 sq. ft.
4.33 units per gross acre
Staff Report -- Planning Commission Meeting of October 26, 19~ ~,
TS 98-02 & S 98-18 -- 987 & 1113 Crockett Avenue
Page 2
Lot Summary:
Lot 1 Lot 2 Lot 3 Lot 4 Lot 5 Lot 6
Net Lot Area (sq. ft.) 8,217 7,227 7,299 6,945 7,223 8,1.39
Living Area (sq. ft.) 3,018 2,629 2,696 2,598 2,629 3,018
First Floor: 1,427 1,319 1,370 1,376 1,319 1,427
Second Floor: 1,591 1,310 1,326 1,222 1,310 1,591
Garage Area (sq. ft.) 421 400 433 414 400 421
Total Unit Area (sq. ft.) 3,439 3,029 3,129 3,011 3,029 3,439
Porch Area (sq. ft.) 296 602 292 128 602 296
Building Coverage 26% 32% 29% 28% 32% 26%
Floor Area Ratio 42% 42% 43% 43% 42% 42%
Site Utilization:
Building Coverage
Paving Coverage
Landscaped Coverage
Fire Truck Turnaround/Access
Square Feet Percent
12,942 sq. ft. 29%
4,214 sq. ft. 10%
21,760 sq. ft. 48%
6,134 sq. ft. 13%
45,050 sq. ft. 100%
DISCUSSION
Applicant's Proposal: The applicant is seeking approval of a tentative subdivision map to
create six (6) single-family lots on property located at 987 & 1113 Crockett Avenue.
Subject to approval of the tentative map application, the applicant will develop the
property with single-family homes. The applicant is also requesting Site and
Architectural approval for the design of the single family dwellings.
Background: Twelve non-conforming structures formerly on the property, which
included storage facilities and several dwellings, were demolished and removed from the
subject site in September of 1999. The site formerly contained a small single story
concrete building and a small wood-frame garage that was occupied by a mechanic shop
and demolished in June of 1998. In July of 1998, two underground storage tanks and one
hydraulic lift were removed from the site.
The site is surrounded by San Tomas Aquino Creek to the west, and residential homes
immediately adjacent to the property to the north. Residential homes are situated across
Westmont and Crockett Avenues.
Staff Report -- Planning Commission Meeting of October 26, 19, ~
TS 98-02 & S 98-18 -- 987 & 1113 Crockett Avenue
Page 3
GENERAL PLAN AND ZONING CONSISTENCY
General Plan Designation: The proposed project would result in a density of 4.3 units per
gross acre, which is consistent with the Low Density range (Less than 6 units per gross
acre) indicated on the Land Use Element of the General Plan for this area.
Zoning Designation: The subject properties are zoned R-l-6 (Single Family Residential),
and require a minimum lot area of 6,000 square feet, and a minimum lot width of 60 feet.
The lots of the proposed subdivision map range in size from approximately 6,945 square
feet to 8,217 square feet. All lots maintain a minimum width of 60 feet. Two lots on the
northwestern edge (interior) of the site are proposed "flag-lots" which can be considered
for approval by the Planning Commission and City Council. The proposal is consistent
with the standards of the R-l-6 Zoning District of the San Tomas Area Neighborhood
Plan.
ANALYSIS
Subdivision Design: The proposed map divides the property into six individual lots where
two lots currently exist. Two of the lots face Westmont Avenue. Four of the lots are
located on Crockett Avenue, two of which are flag lots. The flag lots are situated at the
northwest comer of the site, each having their own fifteen-foot minimum access to
Crockett Avenue along the northern boundary of the property. In an effort to reduce the
amount of driveway paving on site, both flag lots will share a single access driveway. A
landscape strip of seven and a half feet in width on each side of the drive along the
northern boundary will help to buffer the new homes from the existing single-family
home to the north. A condition of approval requires the establishment of a joint
maintenance agreement and ingress-egress agreement between the property owners of
lots 1 and 2 for the access area.
Street Design and Improvements: The subject property is located in the San Tomas Area
and is subject to the standards of the San Tomas Area Neighborhood Plan (STANP).
Westmont Avenue
Westmont Avenue is classified as a Minor Collector in the STANP. For Minor
Collectors, the STANP requires dedication to the predominant dimension of the street or
conformance to the minimum established in the San Tomas Street Design Standards,
whichever is greater. The proposed project conforms to the predominant dimension
requirement at 30-feet from the centerline of the road (after vacation). As on other parts
of Westmont Avenue, the plan shows a park-strip configuration planted with street trees
with a detached sidewalk. An excess of 15-feet of right-of-way was recently vacated
along Westmont, which is a benefit to the property.
Crockett Avenue
Crockett Avenue is classified as a Minor Local Access Street. As a condition of
Staff Report -- Planning Commission Meeting of October 26, 1 ~. :~
TS 98-02 & S 98-18 -- 987 & 1113 Crockett Avenue
Page 4
approval, staff is making recommendations regarding street improvements that are
different from the current STANP. Staff is requesting eight feet of additional right-of-
way (28 feet from centerline) to accommodate installation of vertical curb/gutter and
sidewalks and associated improvements. Staff's recommendation for street improvements
is based on the analysis of street improvement issues in the pending review of the
updated STANP. The last public information meeting regarding the update of the
STANP was held on September 30, 1999. Staff's recommendations will be presented at
the Planning Commission meeting on November 23, 1999 as a proposed amendment to
the current STANP.
The applicant's proposal is consistent with the current STANP, offering a 20-foot
dimension from the centerline of Crockett Avenue to the property line with no sidewalk,
vertical curb or street trees improvements. If the additional 8-foot condition is approved,
the applicant will have to revise the site plan. The additional 8-foot condition of approval
would change the property lines, buildings may have to be reconfigured, and the lot
coverage and floor area ratios for the six lots would increase.
The applicant is opposed to the additional 8-foot dedication. Written letters of opposition
by the property owner (Attachment 6) and neighbors (Attachment 7) are attached.
Architecture: The applicant is proposing homes that feature visible front entries on the
four homes fronting on Westmont and Crockett Avenues, porches in the front and rear
elevations, simple roof forms (hipped and gabled), a variety of exterior materials
(including natural wood cedar siding, horizontal board siding, and stucco), window trim
treatments (including shutters), and stonework wainscoting and chimneys on two of the
houses.
The applicant uses a horizontal design emphasis to limit the perceived scale and mass of
the houses. The project architecture includes one-story shed elements, belt courses
defining the first and second floors on the buildings, and simple gable accents as a way to
correspond to the homes in the surrounding area.
Each of the garages is recessed from the front wall of the house by at least five feet. One
garage (lot 2) is detached and placed at the rear of the site.
Each of the houses has a different color scheme comprised of three natural toned colors.
Each house has a light to medium body color with a darker accent color. The trim is
generally in shades of white and off-white. There are three different 30-year composition
shingle colors including brown, charcoal and a tan-mix.
Tree Preservation: Last month the site was cleared of several mature trees, which are
listed in Attachment 8. Each of the trees unlawfully removed shall be replaced at a ratio
of 2:1. The project is subject to all requirements of the Tree Protection Regulations
within the Campbell Municipal Code Chapter 21.56, of the San Tomas Area
Staff Report -- Planning Commission Meeting of October 26, 1979
TS 98-02 & S 98-18 -- 987 & 1113 Crockett Avenue
Page $
Neighborhood Plan (page 10), and the Water Efficient Landscape Guidelines, as adopted
by City Council. As a condition of approval, staff is recommending that a tree evaluation
accompany the tree inventory to determine the type and size of replacement trees. A
condition of approval states that the tree evaluation must be submitted to the Director of
Community Development prior to the recordation of the final map. Also, a condition of
approval states that a landscape plan, including a plan for replacement trees, must be
submitted to the Director of Community Development.
SITE AND ARCHITECTURAL REVIEW COMMITTEE
This application was presented before the Site and Architectural Review Committee at its
meeting of October 12, 1999. The Committee was supportive of the architectural designs
presented. The following comments were made:
· Provide substantive trees at key locations on the property including the comer of
Westmont and Crockett Avenues to soften the appearance of that comer and at the
rear of the houses on Westmont to screen the flag-lots at the rear of the site.
· Window detailing shall be shown on all elevations of the homes. The window
types shall be specified and detailed.
· Fence details shall be specified.
Attachments:
1. Findings
2. Conditions of Approval
3. Environmental Checklist and Negative Declaration
4. Subdivision Map
5. Building plans/elevations
6. Letter from the property owner
7. Letter from neighbors
8. Tree Survey
9. Location Map
Submitted by:
K~at¥in~ Rice ~cl~-idt, 1]Tfi'n~er II '"
Approved by:
'S~h~'~n Fierro, Senior Planner
Attachment No. 1
FINDINGS FOR APPROVAL - FILE NO. TS 98-02 & S 98-18
SITE ADDRESS: 987 & 1113 Crockett Avenue
P.C. MEETING: October 26, 1999
FINDINGS FOR APPROVAL OF A
TENTATIVE SUBDIVISION MAP AND SITE AND ARCHITECTURAL PLANS
The Planning Commission finds as follows with regard to project numbers TS 98-02 and
S 98-18:
The proposed density of 4.3 units per gross acre is consistent with the allowable
density permitted under the General Plan.
The proposed map is consistent with the development standards (including lot size
and minimum lot dimension) of the R-l-6 Zoning District and the San Tomas Area
Neighborhood Plan (STANP).
3. The proposed subdivision layout allows for access to sunlight.
4. Each new parcel created has access to a public right-of-way.
o
An initial study was prepared for this project and no significant environmental
impacts were found.
6. The individual character of the home designs are consistent with other
developments in the surrounding area.
Based on the foregoing findings of fact, the Planning Commission further finds and
concludes that, subject to the imposed conditions:
1. The proposed subdivision is consistent with the General Plan.
The proposed subdivision does not impair the balance between the housing needs of
the region and the public service needs of the residents and available fiscal and
environmental resources.
3. The site is physically suitable for the proposed density and type of development.
4. The design of the subdivision provides, to the extent feasible, for future passive or
natural heating or cooling opportunities.
o
No substantial evidence has been presented which shows that the project, as
currently presented and subject to the required conditions of approval will have a
significant adverse impact on the environment.
6. The proposed project will aid in the harmonious development of the immediate area.
CONDITIONS OF APPROVAL - FILE NO. TS 98-02 & S 98-18
SITE ADDRESS: 987 & 1113 Crockett Avenue
P.C. MEETING: October 26, 1999
Attachment No. 2
The applicant is hereby notified, as part of this application, that he/she is required to meet
the following conditions in accordance with the Ordinances of the City of Campbell and
the State of California. Additionally, the applicant is hereby notified that he/she is
required to comply with all applicable Codes or Ordinances of the City of Campbell and
the State of California that pertain to this development and are not herein specified.
SITE DESIGN
Approved Project: Approval is granted for a Tentative Subdivision Map and Site
and Architectural plans allowing the creation of six (6) single-family lots and six
(6) single-family houses on property located at 987 & 1113 Crockett Avenue.
A) The subdivision map shall substantially conform to the map prepared by
Underwood & Rosenblum dated 09-03-99, received by the City on
September 7, 1999, except as may be modified by the Conditions of
Approval herein.
B) The Site and Architectural plans shall substantially conform to the plans
prepared by David V. Hernandez, Architect, received by the City on
September 7, 1999, except as may be modified by the Conditions of
Approval herein. (Planning)
ARCHITECTURE
2. Building elevations: Building elevations shall include the following:
A) Provision of a color/material sample board specifying color palette,
textures and materials.
B) Provision of building elevations and details illustrating architectural
features such as porches and railings, window boxes, decorative gates,
cornice treatments, veneers, tile, or brick details.
C) Provide variation in the color of roof materials throughout the project.
Composition roof materials should be 40-year quality or higher. Submit
brochures or roof samples of the color and material of the proposed
roofing.
D) Windows shall have significant insets to create shadow lines and shall be
detailed with trim and sill details, grid patterns and dimensional grids
along street elevations. Provision of window schedules depicting the high
quality of window treatment and styles depicted on the elevations.
E) Garage doors shall have automatic opening devices and shall have
Conditions of Approvm -- Planning Commission Meeting of Oc,,~oer 26, 1999
TS 98-02 & S 98-18 -- 987 & 1113 Crockett Avenue
Page 2
decorative features such as windows and panels.
F) Front doors shall be enhanced with inset panels or windows.
G) Front yards are to be landscaped and driveway, walkway and porches shall
use decorative pavement treatments such as banding, colored concrete,
brick courses or other alternative pavement enhancements.
H) Architectural details to be carried throughout all four elevations of the
residences. (Planning)
LANDSCAPING
o
Landscaping: Applicant shall submit four (4) sets of a revised landscaping plans
indicating type and size of plant material including trees, planting details,
decorative paving and automatic irrigation system to the Community Development
Department for review and approval prior to the issuance of building permits.
A) Landscape plans shall be submitted for the access easement of the
flag lots and for front and rear yards of all six lots.
B) Decorative paving will be required for the access drive to the flag
lots to mitigate the long, visually unappealing driveway. (Planning)
Tree Appraisal: Prior to the recordation of the final map, the applicant shall submit
a tree appraisal prepared by a certified arborist to accommodate a previously
submitted tree survey. The Community Development Director will use the tree
appraisal as a guide for determining replacement trees for review and approval.
Two replacement trees shall be planted for every one removed, and shall be shown
on the revised landscape plan. (Planning)
PROPERTY MANAGEMENT/UTILITIES
o
Structural Removal: All structures (i.e. trailers and storage container) on the
subject properties shall be removed prior to recordation of the final map.
(Planning)
o
Property Maintenance: The property shall be maintained free of any combustible
trash, debris and weeds, until the time that actual construction commences. All
existing structures shall be demolished or removed from the property. (Planning)
Utility Boxes and Back-Flow Preventers: Applicant shall submit a plan to the
Community Development Department, prior to installation of PG&E utility
(transformer) boxes and S.J. Water back-flow preventers, indicating the location of
the boxes and screening (if boxes are above ground) for approval of the
Community Development Director. (Planning)
Ingress-Egress Agreement: The owner of parcels 1 and 2 shall record an agreement
satisfactory to the Community Development Department and the City Attorney for
Conditions of Approval -- Planning Commission Meeting of Octuoer 26, 1999
TS 98-02 & S 98-18 -- 987 & 1113 Crockett Avenue
Page 3
the land on the north ("flag pole") side of the property to establish and maintain a
permanent access drive and landscape area. The owners of parcels 1 and 2 shall
establish a mechanism that provides for maintenance of the driveway and
landscaping. (Planning)
Park In-Lieu Fee: Applicant to pay an in-lieu fee of park dedication of $65,940.00
(6 lots ~ $10,990 per lot). 75% of the fee is due prior to recordation of the final
subdivision map. 25% of the fee is due prior to occupancy by the Building
Division.
PUBLIC WORKS DEPARTMENT
10.
Preliminary Title Report: Prior to recordation of the Final Tract Map, the applicant
shall provide a current Preliminary Title Report.
11.
Right-of-Way for Public Street Purposes: Prior to recordation of the Final Map,
the applicant shall grant Right-of-Way for Public Street Purposes. Applicant shall
cause all documents to be prepared for approval by the City, as necessary.
Dedication shall be as follows:
Ao
Bo
Crockett Avenue frontage: 28-foot half street (from centerline of the
street to the property line) with a 5-foot public utility easement beyond
the property line.
Westmont Avenue frontage: 30-foot half street with a 5-foot public
utility easement beyond the property line.
12.
Record Dedication: Applicant shall prepare all documents necessary to record
dedication and submit to the City for review, acceptance and recording.
13.
Easements: Prior to recordation of the Final Map, the applicant shall cause private
easements to be recorded on the Final Map, as necessary.
14.
Street Improvements: Prior to recordation of the final Tract Map, the applicant
shall cause plans for public street improvements to be prepared by a registered
civil engineer, pay fees, execute a street improvement agreement, post security and
provide insurance necessary to obtain an encroachment permit for construction of
all improvements with the public right-of-way, as required by the City Engineer.
All improvements shall be made in accordance with proposed amended San Tomas
Area Neighborhood Plan (STANP) as currently recommended by staff. Should
current STANP not be amended by City Council within 12 months of Final Map
approval, improvements shall be made in accordance with current STANP
requirements. The plans shall include the following:
A) Construction of 16 feet of new asphaltic concrete pavement from
Conditions of Approval -- Planning Commission Meeting of Octuoer 26, 1999
TS 98-02 & S 98-18 -- 987 & 1113 Crockett Avenue
Page 4
15.
16.
17.
18.
19.
20.
centerline to edge of concrete gutter.
B) Construction of new standard 6-inch concrete curb and 24-inch gutter at
18 feet from centerline.
C) Construction of new ADA compliant concrete driveway approaches.
D) Construction of new 4.5-foot ADA compliant detached concrete sidewalk
with front of sidewalk at 5 feet from curb face and ADA accessible
pedestrian ramps.
E) Construction of standard street lights and storm facilities as necessary.
F) Construction of street trees and irrigation facilities at 40 feet on center.
G) Construction of traffic signs and stripes, as necessary.
H) Construction of all proposed water meter(s) and sewer cleanout(s) on
private property behind the private property line.
I) Construction conforms to all existing improvements.
Maintenance Security: Prior to issuance of occupancy approval for the site, all
public street improvements required by the encroachment permit must be
completed and accepted by the City and the applicant must provide a one-year
Maintenance Security in an amount of 25% of the Faithful Performance Bond.
Storm Drain Area Fee: Prior to issuance of any grading, drainage, or building
permits for the site, the applicant shall pay the required storm drainage area fee.
The current fee is $2,000 per acre.
Grading and Drainage Plan: Prior to issuance of any grading, drainage or building
permits for the site, the applicant shall conduct hydrology studies based on a 10
year storm frequency, prepare an engineered grading and drainage plan, and pay
fees required to obtain necessary grading permits. The plans shall comply with the
1994 edition of the UBC including Chapters 18, 33, and Appendix Chapter 33.
Utilities: All new on-site utilities shall be installed underground per Section
20.36.150 of the Campbell Municipal Code for any new or remodeled buildings or
additions. Applicant shall provide evidence from all utility companies that the
application as proposed can be served. Applicant shall comply with all plan
submittals, permitting and fee requirements of the serving utility company.
Utility Installation Plan: Prior to issuance of building permits, the applicant shall
submit a Utility Installation Plan and Schedule for approval by the City Engineer
for installation of all utilities. Streets which have been resurfaced within the
previous 5 years will require boring and jacking for all new utility installations and
will also require a pavement restoration plan for approval by the City Engineer
prior to any utility installation or utility abandonment.
Soils Report: Prior to issuance of any grading, drainage, or building permits for the
site, applicant shall provide two copies of a current soils report prepared by a
Conditions of Approval -- Planning Commission Meeting of OctoOer 26, 1999
TS 98-02 & S 98-18 -- 987 & 1113 Crockett Avenue
Page 5
registered geotechnical or civil engineer.
21.
Storm Water Management: Comply with California Storm Water Best
Management Practices Handbook, prepared by Storm Water Quality Task Force,
Santa Clara Valley Water District.
22.
National Pollution Discharge Elimination System: Prior to issuance of any
grading, drainage, or building permits, the applicant shall comply with the NPDES
and Title 14 of the Municipal Code concerning storm water pollution control.
23.
Flood Control: Prior to recordation of the Final Map, the applicant shall comply
with all requirements of the Santa Clara Valley Water District.
24.
Monumentation Security: Prior to recording the Final Tract Map, applicant shall
provide security guaranteeing the cost of setting all monuments as shown on the
record map, as determined by the City Engineer.
25.
Notifications: Applicant shall notify adjacent property owners prior to beginning
of construction of street improvements and shall provide a 24-hour contact number
for adjacent residents to contact regarding the project.
FIRE DEPARTMENT REQUIREMENTS
26.
Compliance with Codes: Review of this Development proposal is limited to
acceptability of site access and water supply as they pertain to fire department
operations, and shall not be construed as a substitute for formal plan review to
determine compliance with adopted model codes. Prior to performing any work the
applicant shall apply to the Building Department for applicable construction
permits.
27.
Access: Flagged Lots (Lots 1 and 2) shall conform with all access and water supply
requirements in accordance with Fire Code Article 9. Contact Fire Department for
applicable means of compliance.
28.
Fire Apparatus (Engine) Access Driveway and Tumaround Required: Provide an
access driveway with a paved all weather surface and a minimum unobstructed
width of 12 feet, vertical clearance of 13 feet 6 inches, minimum circulating turning
radius of 36 feet ourside and 23 feet inside, and a maximum slope of 15%.
Installations shall conform to Fire Department Standard Details and Specifications
D-1.
A. Grass Crete shall be permitted within the turn-around area provided
engineering and manufacturer's detail sheets are provided for review
upon successive map or site submittals.
Conditions of Approval -- Planning Commission Meeting of October 26, 1999
TS 98-02 & S 98-18 -- 987 & 1113 Crockett Avenue
Page 6
B. Both flag lots (lots 1 and 2) shall be provided with an approved
residential fire sprinkler system (NFPA 13d).
BUILDING INSPECTION DIVISION
29. Permits Required: A building permit application shall be required for the proposed
structures. The building permit shall include Electrical/Plumbing/Mechanical fees
when such work is part of the permit. Permits shall be required for each individual
dwelling and garage.
30. Construction Plans: The Conditions of Approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
31. Size of Plans: The maximum size of construction plans submitted for building
permits shall be 24 in. x 36 in.
32. Foundation Inspections: A pad certificate prepared by a licensed civil engineer or
land surveyor shall be submitted to the project building inspector upon foundation
inspection. This certificate shall certify compliance with the recommendations as
specified in the soils report and the building pat elevation and on-site retaining wall
locations and elevations are prepared according to approved plans. Horizontal and
vertical controls shall be set and certified by a licensed surveyor or registered civil
engineer for the following items:
A) pad elevation
B) finish floor elevation (first floor)
C) foundation comer locations
33. Title 24 Energy Compliance: California Title 24 Energy Compliance forms CF-1R
and MF-1R shall be blue-lined on the construction plans.
34. Special Inspections: When a special inspection is required by U.B.C. Section 1701,
the architect or engineer of record shall prepare an inspection program that shall be
submitted to the Building Official for approval prior to issuance of the building
permits, in accordance with U.B.C. Section 106.3.5. Please obtain City of
Campbell, Special Inspection forms from the Building Inspection Division Counter.
35. Stormwater: The City of Campbell's standard Santa Clara Valley Non-point Source
Pollution Control Program specification sheet shall be part of plan submittal. The
specification sheet (size 24" x 36") is available at the Building Division service
counter.
36. Approvals Required: The project requires the following agency approval prior to
issuance of the building permit:
A) West Valley Sanitation District
B) Santa Clara County Fire Department
C) School District:
1) Campbell Union School District (378-3405)
2) Campbell Union High School District (371-0960)
3) Moreland School District (874-2900)
4) Cambrian School District (377-2103)
D) Bay Area Air Quality Management District (Demolitions Only).
Attachment #3
CITY OF CAMPBELL
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
INITIAL STUDY
This initial study shall document the evaluation required by CEQA. It will include findings as to whether
or not the proposed project would have a significant impact upon the environment.
DESCRIPTION OF THE PROJECT
The proposed project is to divide two existing lots, totaling 1.2 acres, into 5 rectangular lots and two
flag lots, and to construct seven (7) single family dwellings. Each of the 5 lots is a minimum of 6,000
square feet in area and the flag lots are a minimum of 6,600 square feet, absent their access "poles",
in compliance with the zoning district. Access to four of the lots will be taken from Crockett Avenue,
and from Westmont Avenue for the other three lots. Each of the proposed site and architectural
applications meet all the zoning, general plan and standards for the San Tomas Area Neighborhood
Plan.
Ae
Project Address
1113 Crockett Avenue and 1245 Westmont Avenue1365
403-10-69 and 403-10-72
B. Application Number
TS 98-02 and S 98-18
Ce
Lead Agency Name and Address
City of Campbell
Community Development Department
70 N. First Street
Campbell, CA 95008
Contact Person
Barbara Ryan
(408) 866-2193
Ee
Project Sponsor's Name and Address
Mahou Movassate for MVA Construction Co., Inc.
83 Santiago Avenue
Atherton, CA 94027
General Plan Designation and Zoning
General Plan: Low Density Residential (Fewer than 6 units per gross acre)
Zoning: R-1-6 (Single Family Residential, minimum 6,000 square feet)
G. Location of Project
Northwest comer of Westmont and Crockett Avenues
II. RESPONSES TO ENVIRONMENTAL CHECKLIST
The following explanations are keyed to the letter of the item contained in the Environmental Checklist.
B. Population and Housing
There are several residential buildings existing on the lot, two which appear to be detached residences, a building
along the west property line which is a one-story multiple-family residence (similar to agricultural worker
housing in form), several mobile homes, and a shared coin-operated laundry room. No building permits for any
of the structures are on file with either Santa Clara County nor the City of Campbell. The detached houses might
pre-date the date when permits were required by the County, but all other housing has no permits. A recent
inspection by the City's Code Enforcement Officer indicated that all units are occupied and that the tenants have
been told to be out by February 1999. While the residential units are not counted are part of the City's affordable
housing stock, there are persons who need housing who will be displaced, and for whom the proposed housing
will not be affordable. The inspection by the Code Enforcement Officer indicates that the construction of the
housing is substandard and probably does not meet codes, and may be unsafe.
C. Water
The project will increase the amount of runoff from the site due to an increase in the impermeable coverage by
buildings and pavement. The water will be conveyed to a storm sewer system which will return it to the water
table. The City codes and standard conditions for building permits include requirements for drainage, thus no
additional mitigation measures are necessary.
Transportation
The project will add traffic that is typical of residential units to the local and City streets. Based on an ITE
standard for single family residential uses of 10 vehicle trips per day per household, a total net increase of 30
vehicle trips per day will be added to City streets for this development. The site is currently developed with one
existing dwelling unit accounting for 10 vehicle trips per day. The increased amount of additional traffic
resulting from the project will not significantly impact City streets or require mitigation of any kind.
Fe
Public Services
The proposal will require public services such as street maintenance, fire and police service but will not result in
any changes to existing services. The utilities for this project including water, power, storm drainage and sewage
disposal will tie into existing service mains but will not require new or altered service systems.
Oe
Recreation
The proposal will require recreational facilities including park land for persons residing in Campbell. In
accordance the Open Space Element of the General Plan, the public interest is served by providing four acres of
property devoted and developed for park and recreational purposes for every one thousand persons residing in
the City. To meet this goal, Chapter 13 of the Campbell Municipal Code requires the assessment of a park
impact fee for each new dwelling unit constructed in the City. A condition of approval for this project requires a
park impact fee for the acquisition of park facilities necessary to adequately serve the public interest. Therefore,
the project will not significantly impact on existing or future recreational facilities or service demands.
P. MANDATORY FINDINGS OF SIGNIFICANCE
1. As discussed above, this project does not have the potential to significantly degrade the quality of the
environment, including effects on animals or plants, or to eliminate historic or prehistoric sites.
2. As discussed above, both short and long-term environmental effects associated with this project will be less than
significant.
3. When impacts associated with this project are considered alone or in combination with impacts of other projects,
they are not significant.
4. The above discussions do not identify any substantial adverse impacts to people as a result of this project.
V. DETERMINATION
X The proposed project COULD NOT have any significant effect on the environment, and a NEGATIVE
DECLARATION is hereby adopted.
Although the project as proposed could have had a significant effect on the environment, there will not be
any in this case because measures to mitigate those effects have been added to the project, and therefore, a
MITIGATED NEGATIVE DECLARATION is hereby adopted.
The~ropose~MAY have a significant effect on the environment, and therefore an
~'/EN¥IRONI~EN~/c:Z;>/'~ X.-'/.~.IMPACT~ REPORT~ is required. ~,__.~, tT~.~ //~ ?
'X~Stev'~i~i,~'~-' - ~ ~ '
Community Development Director