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PD/TS/ZC - 2001CITY OF CAMPBELL Community Development Department April 19, 2006 Ms. Anita Blumenthal Subdivision Consultant 31 Sequoia Court San Carlos, CA 94070 RE: Flood Zone Information - 247 Shelley Avenue APN # 414-50-001,002,003,004 and 005 Dear Ms.Blumenthal: This letter is to advise you that above referenced parcels are located within Flood Zone C (areas of minimal flooding). This information is based upon the most recently available FEMA Flood Insurance Rate Map, Community Panel Number 060338 0005 C, December 7, 1982. No unusual or dangerous conditions are known to warrant additional flood insurance for these parcels. If you have any questions regarding this matter, please contact me at (408) 866-2144 or via email attimh@cityofcampbell.com. ~ \~~ Tim J. Haley Associate Planner cc: Ed Arango, Associate Engineer 70 North First Street . Campbell, California 95008-1436 . TEL 408.866.2\40 . FAX 408.866.838\ . TOD 408.866.2790 PUBLI~ ~ DEPARTMENT RECEIPT EffecUve July I. 20OI TO: City Clerk PUBLIC WORKS Psij~ NO. PROPERTY ADDRESS 435,535.4921 Project Revenue Ispecffy project) ENCROACHMENT 4722 2203 (9255.00) Minor Encroachment Permit < $5.000 (855.00) R- I First Permit (No Feet Subsequent Pent ($ 115.00l Arterial/Collector S~'eet ($370.00) Residential Street/Other Areas ($255.00J Plan Check Deposit - 2o/o of ENGR. EST, (9500 minI _~U 2203 Faithful Performance Security (FPS) { 100% oi ENG R.EST.) 2203 Labor and Materials SecurRy (100~ of ENGR. F.ST.} 2203, Monum~tation Secur~ ty ( IO0~ o( ENGR. EST.) 2202 Cash Deposit {4% ~ ENGR. EST.)[8500 min/$10.000 max] 220~ t,abor and M a [erlal Security {100~ of ENGR. EST.) Conduits/Pipelines up to 500 Feet ($2.10) Above 500 Linear Feet Manholes/VaulEs/Etc. (8 t20.00/ea) Pole Set/Removal ($120.00/cai 4722 ( 12% o~' ENGR. EST,} 2203~ Engr. Est.>&250. C (Deposit 8% of ENGR. EST./~30.000 4722[ UUll~ < $100,000 Mtn/mum Charge Per L~caUon ($t3~.00) ($1.30) S~-'et '~-ee Pl~nUng/Removal ($1 20.00/~ree) 2203 UUUrv · 8100.000 . Actual Cost + 20~ ** 476f/ P~oject Plans & Specfllcations Project No. 4760 Standard Specfllca Uons & Details ($1/Pg S l5.00/Bk) 476C Copies of En~m~ hsg Maps & Plans Aerial Plot 24" x 36" ($,50.00) Aerial Print 8 1/2" x 1 l" l$20.001 Maps and Plans 24" x 36" (87.50) 4722 Penalties: FaUure to restore public improvemen ts l$1 00/Cale~ldar Oa!lMtml Cmle Se~. i 1.34.O iol 4722] PenalUes: Failure to correct unsafe cond/Uons (8 lO0/Calendar Day) 472: bdt Line Adjustment (8625.00} 4722 4722 4722 4722 4722 472; 4721 (61.215 * $25/1.,o0 .~/.~ Final Tract Map (5 or More Locsl ($1.570 * 825/LoU CertUlc~te of CompUance (8565.00) Cer~llcate of CarrecUon {$345.00} NotaFy Fee {pet' si~F~ature) (9 t0.00) VacaUon of Public Streets & Easemellts (8625.00) Assessment Segregation or Reapportionme~tt First Spilt t$625.00) Each Additional Lot Storm Drainage Area Fee Per Acre ($1 ~0.00} (R- I. $2.000) {Mulu-Res. $2.250) ~ (All Other. 82.500) 4920 Parkland Dedi ..... Fee (75%/25% Due Upon C .... f Occupancy LI ~ ~,~ .7424 Postage 47~ ~c ~ow Map (~y ~c Volume} (8~.~) 4728 C~p~ ~c M~ {~ ~e ~sm~U (82.~.~1 4728 C~p~ ~ffie M~ (R~ ~e ~sm~ [8~5.~) 4271{ ~ck P~ (816.~/~ City of Campbell -- Community Development Department 70 N. First Street~ Campbell~ CA 95008 MEMORANDUM To: Harold Housley, Land Development Engineer From: Stephanie Willsey, Planner I Subject: 247 Shelley Avenue Final Subdivision Map Recordation Date: March 15, 2002 Prior to the final map recordation, the Community Development Department will require the payment of a Park Impact fee in the amount of $18,138.75. This amount represents 75% of the required fee of $24,185.00 due for the Park Impact fee. The remainder of the fee is due and payable prior to issuance of a certificate of occupancy. The applicant shall also submit a copy of the CC&Rs for review and approval by the City Attorney and the Community Development Director prior to final map recordation. · ORCH A~.0 ' CITY OF CAMPBELL Community Development Department - Current Planning September 21, 2001 Andrew Latala Eurocraff Development 1590 Edmundsen Ct. Morgan Hill, CA 9503? Re: Plan Check BLD2001-912-916 at 247 Shelley Avenue The Planning Division has reviewed your plan submittal of September 17, 2001 for five new townhouses on the above-referenced property. The plans were reviewed per City Council Resolution No. 9859, the Planned Development Permit approval for this project. The plan submittal is consistent with this approval; however, the following information is needed per the Conditions of Approval before building permits can be issued: Condition of Approval No. 2b: Landscaping A tree protection plan shall be submitted prior to issuance of a building permit in accordance with the City's Water Efficient Landscape Standards (WELS) for any trees to be retained on site. (/n this case, the seven cedar trees and one redwood tree on site as specified on the site plan~conceptual landscape plan) Condition of Approval NO. 3b: Parking and Driveways The applicant shall provide decorative pavement within the driveway and in front of the garages where uncovered parking spaces are provided in the development. The design and materials to be used for the decorative pavement shall be reviewed and approved by the Community Development Director prior to issuance of building permits for the project. Please feel free to phone me if you have any questions regarding these items. I may be reached at (408) 866-2142. Sincerely, Kristi Bascom cc: Frank Mills, Senior Building Inspector 70 North First Street · Campbell, California 95008-1436 · TEL 408.866.2140 · FAX 408.866.8381 · TDD 408.866.:2790 CITY OF CAMPBELL Community Development Department - Current Planning September 13,2001 Andrew Latala and Dan Shaw 1590 Edmundsen Court Morgan Hill, CA 95037 Dear Mr. Latala and Mr. Shaw, Please find enclosed a copy of the Uniform Housing Code notice that was posted on your property at 247 Shelley Avenue on Saturday September 8th. The City Building Official has posted the building for Limited Occupancy Only, as explained on the enclosed notice. This building should be cleared of all tenants and fencing needs to be put around the property immediately to prohibit others l~om inhabiting the building. Please know that this work needs to occur at once, if not already completed, and I will go by the site next week to make sure the work has been done. Additionally, you are also encouraged to file for a demolition permit as soon as possible to prevent any further problems at this site. If you have any questions regarding this matter, please phone Bill Bruckart, City Building Official, at (408) 866-2132 or me at (408) 866-2142. Sincerely, Kristi Bascom cc: Bill Bmckart, Building Official Geoff Bradley, Senior Planner 70 North First Street · Campbell, California 95008-1436 . TEL 408.866.2 140 · ~:.~X 408.866.8381 · TDD 408.866.2790 County of Santa Clar- Offic~ of the County Clerk-Recorder County Government Center. East wing 70 west Hex:icling Street .San Jose, C_.alifomia 9,5110 (408) 299-2481 *ENVIRONMENTAL DECLARATION NAME OF LEAD AGENCY: NAME OF APPLICANT: CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: ~RENDA DAVIS, County C~'~Rccord~ 953 6 1. ( ) NOTICE OF PREPARATION --NO FEE-- 2. ( ) NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION --NO FEE-- 3. NOTICE OF DETERMINATION ( ) A--NEGATIVE DECLARATION PURSUANT TO SECTION 21080(C) OF THE PUBLIC RESOURCES CODE $1,250.00 (Twelve Hundred Fifty Dollars)--STATE FILING FEE $25.00 (Twenty-Five Dollars)--CLERK FEE (/~,) B--CERTIFICATE OF EXEMPTION DE MINIMUS IMPACT FINDING --NO FEE-- 4. NOTICE Ol~ DETERMINATION ( ) A--ENVIRONMENTAL IMPACT REPORT PURSUANT TO SECTION 21152 OF THE PUBLIC RESOURCES CODE $850.00 (Eight Hundred Fifty Dollars) --STATE FILING FEE $25.00 (Twenty-Five Dollars)--CLERK FEE ) B--CERTIFICATE OF EXEMPTION DE MINIMUS IMPACT FINDING --NO FEE-- *THIS FORM MUST BE COMPLETED AND FILED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE SANTA CLARA COUNTY CLERK-RECORDER'S OFFICE. MAKE CHECKS PAYABLE TO: COUNTY CLERK-RECORDER Board of Supervisors: Donald F. Gage. Blanca Alvarado. Pete McHugh. James T. Be. all Jr.. S. Joseph Simitian I~ County Executive: Richard wittenberg ~.~ E 953 6 City of Campbell 70 N. First Street Campbell, CA 95008 (408) 866-2140 NOTICE OF DETERMINATION To: ~ Office otPlanning & Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 County Clerk's Office Santa Clara County 70 W. Hedding, 1st Floor, East Wing San Jose, CA 95110 (3 copies & cover sheet filled out by planner) Subject: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Project Title: ?b~ ~'001-'~ 12-'11bll~ State Clearinghouse Number (If submitted to Clearinghouse) Lead Agency Contact Person ~( ~' ~ '~ ~"9 ~-~ CO va~m-, Phone (408) 866.2140 This is to advise that the City of Campbell has approved the above-described project on I [Da~tj O Lead Agency O Responsible Agency ~ 2o0 tnd has made the following determinations regarding the above described project: 1. The project ( O will (~ will not) have a signification effect on the environment. 2. O An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. ~ Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures (© were (~) were not ) made a condition of approval of the project. 4. A statement of Overriding Considerations ((~2) was(~) was not ) adopted for this project. This is to certify that the Negative Declaration EIR with comments and responses and record of project approval is available to the General Public at the Community Development Deparnnent, City of Campbell, 70 N. Fkst Street, Campbell, CA 95008, (408) 866-2140. Signature (public Agency) l~[2~t~c->~a/x- Date:'5:~ I I ~ [ O ~Tifle: p~~~~ CALIFORNIA DEPARTMENT OF FISH AND GAME CERTIFICATE OF FEE EXEMPTION 9536 De Minings Impact Finding Project Title/Location (include county): PLN 2000-12; PLN2000-16; and PLN2000-17 247 Shelley Avenue Campbell, CA 95008 Santa Clara County Project Description: Project entails the development of a five (5) unit townhouse project that requires a Zone Change (PLN2000-16) from an R-M-S zoning district to a Planned Development (PD) zoning district; a Tentative Subdivision Map (PLN2000-12) to allow the subdivision of property into five (5) residential lots and one (1) common lot; and a Planned Development Permit (PLN2000-17) to allow the proposed 5-unit townhouse development. Findings of Exemption (attach as necessary): The City Council granted a Negative Declaration based upon the findings in the initial study prepared for this project that determined that no effects to wildlife or the environment will result from development of this project. Certification: I hereby certify that the public agency has made the above finding and that the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. Signature: Title: City of Campbell Date: E 9536 NEGATIVE DECLARATION Project Description: The project consists of a five (5) unit residential townhousc development on thc subject site. Thc project requires approval of a Zone Change (PLN2001-16) from an R-M-S (Multiple Family Residential) Zoning District to a PD (Planned Development) Zoning District; a Tentative Subdivision Map (PLN2001-13) to create five (5) residential lots and a common lot; and a Planned Development Permit (PLN2001-17) for thc construction of the townhouse development. The project site plan consists of three (3) buildings, two buildings with two units each and one building with a single unit at the rear of the subject property. The common lot area will consist of a minimum 20-foot wide driveway access, common landscaped areas, fire track turnaround area, and a utility easement for underground utilities at the public street frontage of the project. Project Location: 247 Shelley Avenue Campbell, CA 95008 Name of Project: Five (5) unit residential townhouse project Application numbers PLN2001-13 (Tentative Subdivision Map); PLN2001-16 (Zone Change); and PLN2001-17 (Planned Development Permit) Name and Address of Project Proponent: Andrew Latala, Eurocraft Development, Inc. 1590 Edmundsen Ct. Morgan Hill, CA 94037 Lead Agency Name and Address: City of Campbell Community Development Department 70 N. First St. Campbell, CA 95008 Contact person and phone number: Kristi Bascom, Planner I (408) 866-2140 Negative Declaration for 247 Shelley Ave. J:\CEQA DOC~247 Shelley Ave - Neg Doc.doc Page 1 of 2 On the basis of the initial evaluation: 9536 X Ifind that the proposedproject COULD NOT have a significant effect on the environment. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. March 30, 2001 DATE ~StGNA~ Planner I TITLE City of Campbell NAME OF LEAD AGENCY Negative Declaration for 247 Shelley Ave. J:\CEQA DOC~47 Shelley Ave -- Neg Dee.doc Page 2 of 2 TRACT NUMBER County of Santa Clara Current Planning Office 70 W. Hedding St., San Jose, CA 95110 Phone: 299-2454 PLEASE TYPE OR PRINT HEb~"~I-Y - YOU GET THE LAST COPY See Instructions Below 1. Location of Tract 3. Number of Lots &/Units 6. Owner's Name 4. Approximate Acreage 8. Epgin_eer's.Nam..e,., _ .~ ,~.,._, ~ 10. Is the Proposed Tract in 11. an in~ated City? No 13. Remarks: Proposed Tract Name Date of Planning Commission 'Approval of Tenative Map Owner's Address 9. EL3aineer's Address and Ph~:~3e Number ~ .... Is the Tract Proposed I 12. If the answer to l0 or ll is for AnnexatiOn?Yes Q I yes, What City? ~__.4~iO,~~ INSTRUCTIONS FOR COMPLETING TRACT NUMBER REQUEST FORM: 1. Existing frontage and intersecting adjacent streets or reference to existing tract limits. 2. If unknown, so state. Name must be provided prior to recordation if name is to be used. 3. Self explanatory. 5. The tract number will be issued only after the Tentative Map has been approved by the Planning Commission. 6. through 12. Self explanatory. 13. For additional comments by private engineer/surveyor. NOTES: 1. Enclose copy of approved Tentative Map. 2. The form shall be filled out and the gold copy retained by the engineer. 3. All other copies must be forwarded to Current Planning Office, 70 W. Hedding St., San Jose 95110 4. Where development involves more than one unit, submit a separate Tract Number Request for each unit. 5. Tract Number is automatically void if not used within one year from the date of issue and request in writing for renewal has not been received. 6. A request for renewal shall be in writing and shall include the date of the re-approval or extension and the gth ' lan of time for such extension 7. The assigned number is not transferable, except upon written re-application. 8. Enclose $ ~:)'"~ssuance fee. TRACT NUMBER ASSIGNED: This space for machine ve];~Go~,..,.,~,~,,~-'"~' ........ R~UI~T/COMPL/ETE BY TE Green - Owner's Engineer Canary - Planning Commission Pink - City Engineer {~)~0,~v~ Goldenrod - Owner's Engineer (Preliminary Copy) O,~C H ~.0 CITY OF CAMPBELL Community Development Department - Current Planning June 25, 2002 Mr. Andrew Latala Eurocraft Development, Inc. 1590 Edmundson Court Morgan Hill, CA 95037 Re: Draft Covenants, Codes, and Restrictions City Attorney's Comments 247 Shelley Avenue Dear Mr. Latala: Please find below the City Attorney's comments regarding the draft Covenants, Codes, and Restrictions (CC&R's) for the above referenced townhome project in conformance with the approved Conditions of Approval for the project (enclosed.) Please have your attorney review these comments and amend the document accordingly. 1. Add at the beginning of section 6.01: There shall at all times exist an Association. 2. Add provisions requiring that the garage shall be available for the parking of two (2) vehicles at all time, and prohibiting the use of uncovered parking spaces for outdoor storage. It is not clear that the CC&R's adequately provide a funding mechanism for the maintenance of "shared building walls." Instead, this obligation is delegated to the individual property owners. At a minimum, the CC&R's should make it clearer that the Association will perform maintenance on the walls if the walls are not being properly maintained, and assess the costs. If you should have any questions, please do not hesitate to contact me at (408) 866-2143 or via email fit stephaniew @cityofcampbell.com. Sincerely, Stephanie Willsey Planner I Encl: Resolution Geoff Bradley, Senior Planner Harold Housley, Land Development Engineer 70 North First Street · Campbell, California 95OO8-!436 . TEL 408.866.2140 · VAX 408.866.8381 - TDD 408.866.2790 MEMORANDUM To: Kristi Bascom Planner I From: Ja~emsley D~uty City Clerk Date: June 7, 2001 Subject: Zone Change - 247 Shelley Avenue Second reading of Ordinance No. 2005, amending the Zoning Map for property located at 247 Shelley Avenue, was given by the City Council at their regular meeting of June 5, 2001. A certified copy of this Ordinance, together with a copy of the follow-up letter written to Eurocraft Development, is enclosed for your records. June 7, 2001 A. 0¥'C4~ CITY or CAMPBELL City Clerkk Office Mi. Andrew Latala Eurocraft Development, Inc. 1590 Edmundson Court Morgan Hill, CA 95037 Dear Mr. Latala: At the regular meeting of June 5, 2001, the City Council gave second reading to Ordinance No. 2005 amending the Zoning Map for property located at 247 Shelley Avenue. The Ordinance becomes effective 30 days from the date of adoption. A certified copy of Ordinance 2005 is enclosed for your records. Should you have any questions in regard to the City Council's action, please do not hesitate to contact this office (866-2117) or Kristi Bascom, Planner I. Sincerely, Anne Bybee City Clerk Enc. cc. Kristi Bascom, Planner I 70 North First Street · Campbell, California 95008.1423 · TEe 408.866.2117 - FaX 408.374.6889 . TDD 408.866.2790 ORDINANCE NO. 2005 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AMENDING THE ZONING MAP FOR PROPERTY LOCATED AT 247 SHELLEY AVENUE AS SHOWN ON THE ATTACHED EXHIBIT A. APPLICATION OF MR. ANDREW LATALA, ON BEHALF OF EUROCRAFT DEVELOPMENT. FILE NO. PLN2001-16 (ZC). The City Council of the City of Campbell does ordain as follows: SECTION ONE: That the Zoning Map of the City of Campbell is hereby changed and amended by adopting the attached Exhibit A, entitled Map of Said Property, as per the application of Mr. Andrew Latala, on behalf of Eurocraft Development, for approval of a Zone Change for property located at 247 Shelley Avenue, from R-M-S (Multiple Family Residential) to P-D (Planned Development). SECTION TWO: This ordinance shall become effective thirty (30) days following its passage and adoption shall be published once within fifteen (15) days upon passage and adoption in the Campbell Express, a newspaper of general circulation in the City of Campbell, County of Santa Clara, State of California. PASSED AND ADOPTED this vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: 5th day of June ATTEST: Anne Bybee, City Clerk ,2001, by the following role call Furtado, Kennedy, Burr, None None APPROVED: None Watson, Dean · ean, lVifayor FOREOOINQ iNSTRumENT ffl; ~. ~ CORRECt' COPY _OF THE OR.t~INA~ (~ FILE IN THtB OFFICE.. L ! ,? /~Xhibit A _ _ _ Project Location .~NE-LLEY 5-unit townhouse project 247 Shelley Ave PLN2001-'i 2, 16, 17 Legend Scale 1": 500' · ,, City Limits ----- Parcel Lines May 17, 2001 CITY OF CAMPBELL City Clerk's OFFice Mr. Andrew Latala Eurocraft Development, Inc. 1590 Edmundson Court Morgan Hill, CA 95037 Dear Mr. Latala: At the regular meeting of May 15, 2001, the City Council held a public hearing to consider your application, on behalf of Eurocrafi Development, for approval of a Zone Change (PLN 2001-16) from an R-M-S (Multiple Family Residential) to a P-D (Planned Development) Zoning District, approval of a Planned Development Permit (PLN 2001-17) to allow the construction of five townhomes, and approval of a Tentative Subdivision Map (PLN 2001-12) to allow the creation of six lots on property located at 247 Shelley Avenue. After hearing public testimony, and due consideration and discussion, the City Council took the following action: 1. Granted a Negative Declaration for the proposed project; 2. Gave first reading to Ordinance 2005 amending the Zoning Map for property located at 247 Shelley Avenue; and Adopted Resolution No. 9859 approving a Planned Development Permit to allow the construction of five townhouse units for property located at 247 Shelley Avenue, incorporating fmdings, and subject to the Conditions of Approval; and Adopted Resolution No. 9860 approving a Tentative Subdivision Map to allow the creation of six lots on property located at 247 Shelley Avenue, incorporating findings, and subject to the Conditions of Approval. Continued 70 North First Street - Campbell, California 95008.1423 - TEL 408.866.2117 - FAX 408.374.6889 - TDD 408.866.2790 Page 2 A certified copy of Resolution No. 9859 and 9860 is attached for your records. Please be aware that Ordinance 2005 is scheduled for adoption at the regular City Council meeting of June 5, 2001. A certified copy of this Ordinance will be forwarded to you after adoption. Please do not hesitate to contact this office (866-2117) or Kristi Bascom, Planner I, should you have any questions in regard to the City Council's action. Sincerely, Anne Bybee City Clerk Eric. cc. Kristi Bascom, Planner I MEMORANDUM To: From: Date: Subject: Kristi Bascom Planner I Jan~emsley Dp~ty City Clerk May 17, 2001 Application by Mr. Andrew Latala, on behalf of Eurocraft Development, for approval of a Zone Change (PLN 2001-16) from an R-M-S to a PD Zoning District, approval of a Planned Development Permit (PLN 2001- 17) to allow the construction of five townhomes, and approval of a Tentative Subdivision Map (PLN 2001-12) to allow the creation of six lots on property located at 247 Shelley Avenue At the regular meeting of May 15, 2001, the City Council held a public hearing to consider the application of Mr. Andrew Latala, on behalf of Eurocraft Development, for approval of a Zone Change (PLN 2001-16) from a R-M-S (Multiple Family Residential) to a P-D (Planned Development) Zoning District, approval of a Planned Development Permit (PLN 2001-17) to allow the construction of five townhomes, and approval of a Tentative Subdivision Map (PLN 2001-12) to allow the creation of six lots on property located at 247 Shelley Avenue. After due consideration and discussion, the City Council took the following action: 1. Granted a Negative Declaration for the proposed project; 2. Gave first reading to Ordinance No. 2005 approving a Zone Change from R-M- S to PD; Adopted Resolution No. 9859 upholding the Planning Commission's recommended approval of a Planned Development Permit to allow the construction of five townhouse units, incorporating the attached findings and subject to the attached Conditions of Approval; and Continued ... Page 2 Adopted Resolution No. 9860 upholding the Planning Commission's recommended approval of the Tentative Subdivision Map, incorporating the attached findings and subject to the attached Conditions of Approval. A certified copy of Resolution No. 9859 and No. 9860 is attached for your records, together with a copy of the letter written to Eurocraft Development in follow-up to the City Council's action. Second reading of Ordinance 2005 will be given at the regular City Council meeting of June 5, 2001. A certified copy of the Ordinance will be forwarded to you as follow-up to that meeting. RESOLUTION NO. 9859 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING OF A PLANNED DEVELOPMENT PERMIT (PLN2001-17) TO ALLOW THE CONSTRUCTION OF FIVE NEW TOWN HOMES ON PROPERTY LOCATED AT 247 SHELLEY AVENUE IN A PD (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF EUROCRAFT DEVELOPMENT. FILE NO. PLN2001-17. After notification and public hearing, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the City Council did find as follows with respect to application PLN2001-17: 1. The proposed Planned Development Permit is consistent with the General Plan designation for the site. The proposed density of 10.82 units per gross acre is no greater than the density allowance of 6-13 units per gross acre permitted in the R-M-S (Multiple-Family Residential) Zoning District. The proposed massing and design is consistent with other developments in the surrounding area and is consistent with the development standards for residential uses. The provision of CC&Rs requiring the formation of a homeowner's association is necessary to ensure the long term property maintenance and continued architectural integrity of the project. An initial study was prepared for this project and no significant environmental impacts were found. Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. The proposed development and uses clearly will result in a more desirable environment and use of the land than would be possible under any other zoning classification. 2. The development and uses will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 3. The proposed development will not result in allowing more residential units than would be allowed by other residential zoning districts which are consistent with the general plan designation of the property; and 4. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 5. No substantial evidence has been presented which shows that the project, as currently presented, and subject to the required conditions of approval, will have a significant adverse impact on the environment. City Council Resolution PLN2001-17 - 247 Shelley Avenue - Planned Development Permit (5 Town Homes) Page 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 ordinance of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified: COMMUNITY DEVELOPMENT DEPARTMENT Planning Division: 1. Approved Project: Approval is granted to construct a 5-unit townhouse project consisting of three (3) two-story buildings. The building designs and site design shall substantially conform to the project exhibits listed below, except as may be modified by the Conditions of Approval herein: a. Set of plans received by Williams Residential Design on March 15, 2001, including building elevations, site plan, and a conceptual landscape plan, with the minor modification to center the entry doors to each unit on the porch. b. Color and material boards submitted by Williams Residential Design on March 15, 2001. c. Tentative Subdivision Map prepared by engineers Guiliani and Kull, Inc. received on April 5, 2001. 2. Landscaping: a. The applicant shall retain the seven (7) mature cedar trees and one (1) mature redwood tree on site as specified on the site plan/conceptual landscape plan. b. A tree protection plan shall be submitted prior to issuance of a building permit in accordance with the City's Water Efficient Landscape Standards (WELS) for any trees to be retained on site. 3. Parking and Driveways: a. All parking and driveway areas shall be developed in compliance with Chapter 21.50 of the Campbell Municipal Code. b. The applicant shall provide decorative pavement within the driveway and in front of the garages where uncovered parking spaces are provided in the development. The design and materials to be used for the decorative pavement shall be reviewed and approved by the Community Development Director prior to issuance of building permits for the project. 4. Covenants, Codes and Restrictions (CC&Rs): The applicant shall be required to submit for review and approval by the City Attorney and Community Development Director a copy of the CC&Rs which shall include the following: "City Council Resolution PLN2001-17 - 247 Shelley Avenue - Planned Development Permit (5 Town Homes) Page 3 a. Formation of a homeowner's association to ensure the long-term maintenance of buildings and properties. b. Continued architectural controls to ensure the architectural integrity of the project. c. Definition of common areas to be maintained and provision of maintenance for these areas, including the driveway and grass cell fire truck turnaround area. d. Provision of a funding mechanism to ensure maintenance and upkeep of common areas and shared building walls and roofs to be repaired, repainted, and/or replaced as necessary e. Provision for the availability of interior garage space for the parking of two (2) vehicles at all times. f. Provision to prohibit use of uncovered parking spaces for outdoor storage purposes. 5. Park Impact Fee: A park impact fee of $7,035 per unit is due upon development of the townhouse project. Credit in the amount of $10,990 will be given for the existing single- family residence. Prior to recordation of the final subdivision map, 75% of this fee is due. The remaining 25% is due prior to issuance of a certificate of building occupancy. 6. Fences: Any newly proposed fencing shall comply with Section 21.59.090 of the Campbell Municipal Code and shall substantially comply with the fence detail dated February 5, 2001 provided by Williams Residential Design. 7. Property Maintenance: The property is to be maintained free of any combustible trash, debris and weeds until the time that actual construction commences. All existing structures shall be secured by having windows boarded up and doors sealed shut, or be demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). 8. Utility Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to installation of PG&E utility (transformer) boxes and San Jose Water Company back-flow preventers, indicating the location of the boxes and screening (if the boxes are above ground) for approval by the Planning Division. 9. On-site lighting: On-site lighting shall be shielded away from adjacent properties and directed on site. The design and type of lighting fixtures and lighting intensity of any proposed exterior lighting for the project shall be reviewed and approved by the Community Development Director prior to installation of the lighting. Lighting fixtures shall be of a decorative design to be compatible with the residential development and shall incorporate energy saving features. Building Division: 10. Permits Required: A building permit application shall be required for each proposed new structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 11. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. · City Council Resolution PLN2001-17 - 247 Shelley Avenue - Planned Development Permit (5 Town Homes) Page 4 12. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 13. Soils Report: Two copies of a current soils report, prepared to the satisfaction of the Building Official, containing foundation and retaining wall design recommendations shall be submitted with the building permit application. This report shall be prepared by a licensed engineer specializing in soils mechanics. 14. Site Plan: Application for building permit shall include a competent site plan that identifies pror~erty and proposed structures with dimensions and elevations as appropriate. Site plan shall also include site drainage details. 15. 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 pad 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 16. Title 24 Energy Compliance: California Title 24 Energy Compliance forms CF-IR and MF-1R shall be blue-lined on the construction plans. 8½ X 11 calculations shall also be submitted. 17. 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. 18. Water Pollution Control: The City of Campbell, 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. 19. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. West Valley Sanitation District (378-2407) b. Santa Clara County Fire Department (378-4010) c. School District: (Note: To Determine your district, contact the offices identified above. Obtain the School District payment form from the City Building Division, after the Division has approved the building permit application.) i. Campbell Union School District (378-3405) ii. Campbell Union High School District (371-0960) iii. Moreland School District (379-1370) iv. Cambrian School District (377-2103) d. Bay Area Air Quality Management District (Demolitions Only) :City Council Resolution PLN2001-17 - 247 Shelley Avenue - Planned Development Permit (5 Town Homes) Page 5 FIRE DEPARTMENT: 20. Required Fire Flow: The required fire flow for this project has been calculated at 1,000 GPM at 20 psi residual pressure. The required fire flow is available from area water mains and fire hydrant(s), which are located at the required spacing. 21. Required Access to Water Supply (Hydrants): Portions of the structure(s) are greater than 150 feet of travel distance from the centerline of the roadway containing fire hydrants. Provide an onsite fire hydrant or install an approved fire sprinkler system throughout all portions of the building. 22. Public fire hydrant required: Provide one public fire hydrant at a location to be determined by the Fire Department and San Jose Water Company. Hydrant shall have a minimum single flow of 1,000 GPM at 20 psi residual, with spacing not to exceed 500 feet. Prior to applying for building permits, provide civil drawings reflecting all fire hydrants serving the site. To prevent building permit delays, the developer shall promptly pay all required fees to the San Jose Water Company. 23. Timing of Required Water Supply Installations: Installations of required fire services and fire hydrants shall be tested and accepted by the Fire Department prior to the start of framing or the delivery of bulk combustible materials. Building permit issuance may be withheld until required installations are completed, tested, and accepted. 24. Fire Access Road Required: Provide access roadways with a paved all-weather surface, a minimum unobstructed width of 20 feet, vertical clearance of 13 feet, 6 inches, minimum circulating turning radius of 36 feet outside and 23 feet inside, and a maximum slope of 15%. 25. Fire Truck Turnaround Required: Provide an approved fire department engine roadway turnaround with a minimum radius of 36 feet outside and 23 feet inside. 26. Fire Lane Marking Required: Provide marking for all access roadways within the project. Markings shall be per Fire Department Standard Details and Specification A-6, and also conform to Local Government Standards. 27. Timing of Required Roadway Installations: Required access roads, up through first lift of asphalt, shall be installed and accepted by the Fire Department prior to the start of construction. Bulk combustible materials shall not be delivered to the site until installation is complete. During construction, emergency access roads shall be maintained clear and unimpeded. Note that building permit issuance may be withheld until installations are completed. PUBLIC WORKS DEPARTMENT 28. Final Map: Prior to issuance of any grading or building permits for the project, the applicant shall submit a Final Map for review by the City and recordation, upon approval by the City Council. The current plan check fee is $1,510.00 plus $25 per lot. 29. Preliminary Title Report: Prior to recordation of the Tract Map, the applicant shall provide a current Preliminary Title Report. 'City Council Res$1ution PLN2001-17 - 247 Shelley Avenue - Planned Development Permit (5 Town Homes) Page 6 30. Right-of-Way for Public Street Purposes: Upon recordation of the Final Map, the applicant shall cause additional Right-of-Way to be granted for public street purposes along the Shelley Avenue frontage to accommodate a 30-foot half street (maximum), as determined by the City Engineer. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 31. Public Service Easement: Upon recordation of the Final Map, the applicant shall grant a 10 - foot public service easement on private property contiguous with the public right-of-way along the Shelley Avenue frontage. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 32. Easements: Upon recordation of the Final Map, the applicant shall cause Easements to be recorded for private utilities, private storm drains, reciprocal ingress and egress, etc. 33. Monumentation for Final Map: Prior to recordation of the Final Map, the applicant shall provide security guaranteeing the cost of setting all Monuments shown on the map, as determined by the City Engineer. 34. Street Improvements: Prior to recordation of the Final Map, the applicant shall execute a street improvement agreement and shall cause plans for public Street Improvements to be prepared by a registered civil engineer, pay fees, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City Engineer. The fee for a non-utility encroachment permit is $245.00. The plans shall include the following: a. Removal of existing driveway approach, curb, gutter, and sidewalk. b. Construction of new curb/gutter and detached sidewalk. c. Installation of surface treatment or reconstruction of one-half street pavement section as determined by City Engineer based on field-testing of existing pavement. d. Construction of new street trees and irrigation at 40 feet on center. e. Construction of new ADA compliant driveway approach. f. Installation of signs and stripes, as necessary. g. Relocation and protection of utilities as necessary. h. Construction of conforms to existing public and private improvements as necessary. 35. Water Meter(s) and Sewer Cleanout(s): Existing and proposed Water Meter(s) and Sewer Cleanout(s) shall be installed on private property behind the public right-of-way line. 36. Soils Report: Prior to preparation of the on and off-site improvement plans; the applicant shall provide a Soils Report prepared by a registered geotechnical or civil engineer. 37. Utilities: All new on-site Utilities shall be installed underground per Section 20.36.150 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. "City Council Resolution PLN2001-17 - 247 Shelley Avenue - Planned Development Permit (5 Town Homes) Page 7 PASSED AND ADOPTED this 38. Utility Installation Plan' Prior to issuance of building permits for the site, the applicant shall submit a Utility Installation Coordination Plan and Schedule for approval by the City Engineer for installation of street improvements and/or abandonment of all utilities. Streets, which have been resurfaced within the previous 5 years, will require boring and jacking for all new utility installations. Applicant shall also prepare pavement restoration plans for approval by the City Engineer prior to any utility installation or abandonment. 39. Grading and Drainage Plan: Prior to issuance of any grading or building permits for the site, the applicant shall conduct hydrology studies based on a 10 year storm frequency, prepare an engineered Grading and Drainage Plan, and pay fees required to obtain necessary grading permits. The plans shall comply with the 1998 edition of the California Building Code including Chapters 10, 11, 18, 33, and Appendix Chapter 33. 40. Storm Drain Area Fee: Prior to recordation of the Final Map, the applicant shall pay the required Storm Drain Area fee, which is $2,250.00 per acre. 41. ,qtorm Water polintinn Preventinn IV[ea~lllre~l, Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permitting requirements and the California Storm Water Best Management Practices handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley Water District and the City of Campbell Municipal Code regarding Storm Water Pollution Prevention. 42. Demolition' Prior to recording of the Final Map the applicant shall obtain a Demolition permit to remove any nonconforming structures. 15th day of May ,2001, by the following roll call vote: AYES: COUNCILMEMBERS: Furtado, Kennedy, NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None Burr, Watson, Dean ATTEST: APPROVED: Anne Bybee, City Clerk l(/latt~w T. Dean Mayor i=OREGOiNG INSTRUMENT CORRECT COPY OF THE R~ IH THIS OFFICE. EL~ c~IFO~I~ RESOLUTION NO. 9860 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A TENTATIVE SUBDIVISION MAP (PLN2001-12) TO ALLOW THE CREATION OF SIX LOTS ON PROPERTY LOCATED AT 247 SHELLEY AVENUE IN A PD (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF EUROCRAFT DEVELOPMENT. FILE NO. PLN2001-12. After notification and public hearing, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the City Council did find as follows with respect to application PLN2001-12: 1. The proposed creation of six lots is consistent with the General Plan. 2. The proposed density of 10.82 units per gross acre is no greater than would be allowed by the R-M-S (Multiple-Family Residential) Zoning District. 3. The provisions of the CC&Rs are necessary to ensure the long-term property maintenance and continued architectural integrity of the project. 4. An initial study was prepared for this project and no significant environmental impacts were found. Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. The proposed subdivision is consistent with the General Plan. 2. The proposed subdivision does not impair the balance between the housing needs of the region and the public service needs of its residents and available fiscal and environmental resources. 3. The design of the subdivision provides, to the extent feasible, for future passive or natural heating and cooling opportunities. 4. No substantial evidence has been presented which shows that the project as currently presented, and subject to the attached conditions, will have a significant effect upon the environment. 5. The development and uses would be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. City Couni:il Resolution PLN2001-12 - 247 Shelley Avenue -Tentative Subdivision Map (6 lots) Page 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 ordinance of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified: COMMUNITY DEVELOPMENT DEPa. RTMENT 1. Approved Project: Approval is granted to create five (5) residential lots and a common lot for a five-unit townhouse development. The site design shall substantially conform to the Tentative Subdivision Map prepared by engineers Guiliani and Kull, Inc. received on April 5, 2001. 2. Covenants, Codes and Restrictions (CC&Rs): The applicant shall be required to submit for review and approval by the City Attomey and Community Development Director a copy of the CC&Rs which shall include the following: a. Formation of a homeowner's association to ensure the long-term maintenance of buildings and properties. b. Continued architectural controls to ensure the architectural integrity of the project. c. Definition of common areas to be maintained and provision of maintenance for these areas, including the driveway and grass cell fire truck turnaround area. d. Provision of a funding mechanism to ensure maintenance and upkeep of common areas and shared building walls and roofs to be repaired, repainted, and/or replaced as necessary e. Provision for the availability of interior garage space for the parking of two (2) vehicles at all times. f. Provision to prohibit use of uncovered parking spaces for outdoor storage purposes. 3. Park Impact Fee: A park impact fee of $7,035 per unit is due upon development of the townhouse project. Credit in the amount of $10,990 will be given for the existing single- family residence. Prior to recordation of the final subdivision map, 75% of this fee is due. The remaining 25% is due prior to issuance of a certificate of building occupancy. 4. Property Maintenance: The property is to be maintained free of any combustible trash, debris and weeds until the time that actual construction commences. All existing structures shall be secured by having windows boarded up and doors sealed shut, or be demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). PUBLIC WORKS DEPARTMENT 5. Final Map: Prior to issuance of any grading or building permits for the project, the applicant shall submit a Final Map for review by the City and recordation, upon approval by the City Council. The current plan check fee is $1,510.00 plus $25 per lot. City Council Resolution PLN2001-12 - 247 Shelley Avenue - Tentative Subdivision Map (6 lots) Page 3 6. Preliminary Title Report: Prior to recordation of the Tract Map, the applicant shall provide a current Preliminary Title Report. 7. Right-of-Way for Public Street Purposes: Upon recordation of the Final Map, the applicant shall cause additional Right-of-Way to be granted for Public Street Purposes along the Shelley Avenue frontage to accommodate a 30-foot half street (maximum), as determined by the City Engineer. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 8. Public Service Easement: Upon recordation of the Final Map, the applicant shall grant a 10- foot Public Service Easement on private property contiguous with the public right-of-way along the Shelley Avenue frontage. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 9. Easements: Upon recordation of the Final Map, the applicant shall cause Easements to be recorded for private utilities, private storm drains, reciprocal ingress and egress, etc. 10. Monumentation for Final Map: Prior to recordation of the Final Map, the applicant shall provide security guaranteeing the cost of setting all Monuments shown on the map, as determined by the City Engineer. 11. Street Improvements: Prior to recordation of the Final Map, the applicant shall execute a street improvement agreement and shall cause plans for public Street Improvements to be prepared by a registered civil engineer, pay fees, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City Engineer. The fee for a non-utility encroachment permit is $245.00. The plans shall include the following: a. Removal of existing driveway approach, curb, gutter, and sidewalk. b. Construction of new curb/gutter and detached sidewalk. c. Installation of surface treatment or reconstruction of one-half street pavement section as determined by City Engineer based on field-testing of existing pavement. d. Construction of new street trees and irrigation at 40 feet on center. e. Construction of new ADA compliant driveway approach. f. Installation of signs and stripes, as necessary. g. Relocation and protection of utilities as necessary. h. Construction of conforms to existing public and private improvements as necessary. 12. Water Meter(s) and Sewer Cleanout(s): Existing and proposed Water Meter(s) and Sewer Cleanout(s) shall be installed on private property behind the public right-of-way line. 13. Soils Report: Prior to preparation of the on and off-site improvement plans; the applicant shall provide a Soils Report prepared by a registered geotechnical or civil engineer. 14. Utilities: All new on-site Utilities shall be installed underground per Section 20.36.150 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. City CounCil Resolution PLN2001-12 - 247 Shelley Avenue - Tentative Subdivision Map (6 lots) Page 4 15.1 ltility Installation Plan: Prior to issuance of building permits for the site, the applicant shall submit a Utility Installation Coordination Plan and Schedule for approval by the City Engineer for installation of street improvements and/or abandonment of all utilities. Streets that have been resurfaced within the previous 5 years will require boring and jacking for all new utility installations. Applicant shall also prepare pavement restoration plans for approval by the City Engineer prior to any utility installation or abandonment. 16. C, mding and Drainage Plan: Prior to issuance of any grading or building permits for the site, the applicant shall conduct hydrology studies based on a 10 year storm frequency, prepare an engineered Grading and Drainage Plan, and pay fees required to obtain necessary grading permits. The plans shall comply with the 1998 edition of the California Building Code including Chapters 10, 11, 18, 33, and Appendix Chapter 33. 17. Storm Drain Area Fee' Prior to recordation of the Final Map, the applicant shall pay the required Storm Drain Area fee that is $2,250.00 per acre. 18..qtorm Water Pollution Prevention Meamwe~: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permitting requirements and the California Storm Water Best Management Practices handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley Water District and the City of Campbell Municipal Code regarding Storm Water Pollution Prevention. 19. D_emolifiam Prior to recording of the Final Map the applicant shall obtain a Demolition permit to remove any nonconforming structures. PASSED AND ADOPTED this 15th __ day of May ,2001, by the following roll call vote: AYES: COUNCILMEMBERS: Furtado, Kennedy, NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None Burr, Watson, Dean ATTEST: APPROVED: Anne Bybee, City Clerk w T. Dean, Mayor CITY OF CAMPBELL Community Development Department - Current Planning April 26, 2001 Mr. Andrew Latala/Mr. Don Shaw Eurocraft Development, Inc. 1590 Edmundson Court Morgan Hill, CA 95037 Re: PLN2001-16 (ZC)/PLN2001-17 (PD)/PLN2001-12 (TS) - 247 Shelley Avenue Dear Applicant: Please be advised that the Planning Commission, at its meeting of April 24, 2001, took the following actions on the above-referenced applications: 1. Adopted Resolution No. 3343 recommending approval of a Zone Change (PLN2001-16) from R-M-S (Multiple Family Residential) to PD (Planned Development); and 2. Adopted Resolution No. 3344 recommending approval of a Planned Development Permit (PLN2001-17) to allow the construction of five town home units; and 3. Adopted Resolution No. 3345 recommending approval of a Tentative Subdivision Map (PLN2001-12) to allow the creation of six lots; and 4. Recommended that the City Council grant a Negative Declaration for this project. This project is tentatively set for consideration by the City Council at its meeting of May 15, 2001. If you have any questions, please do not hesitate to contact me at (408) 866-2140. Sincerely, Kristi Bascom Planner I cc Susan Roberts, PE/PLS Giuliani and Kull, Inc. (Engineer) 4880 Stevens Creek Boulevard, Suite 205 San Jose, CA 95129 70 North First Street · Campbell, California 95008-1436 · TEL 408.866.2140 · FAX 408.866.8381 · aDD 408.866.2790 RESOLUTION NO. 3343 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A ZONE CHANGE (PLN2001-16) FROM R-M-S (MULTIPLE FAMILY RESIDENTIAL) TO PD (PLANNED DEVELOPMENT) FOR PROPERTY LOCATED AT 247 SHELLEY AVENUE. APPLICATION OF EUROCRAFT DEVELOPMENT, INC. FILE NO. PLN2001-16. After notification and public hearing, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application PLN2001 - 16: 1. The proposed Planned Development zoning is consistent with the General Plan designation for the site. The proposed density of 10.82 units per gross acre is no greater than the density allowance of 6-13 units per gross acre permitted in the R-M-S (Multiple-Family Residential) Zoning District. 3. An initial study was prepared for this project and no significant environmental impacts were found. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed development and uses will clearly result in a more desirable environment and use of the land than would be possible under any other zoning classification. 2. The development and uses will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. The proposed development will not result in allowing more residential units than would be allowed by other residential zoning districts which are consistent with the general plan designation of the property; and 4. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 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 Reso..,tion No. 3343 PLN2001-16 - 247 Shelley Avenue- Zone Change -- Eurocraft Development Page 2 PASSED AND ADOPTED this 24th day of April, 2001, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Doorley, Francois, Gibbons, Hemandez, Jones, Lindstrom, Lowe None None None APPROVED: Mel Lindstrom, Chair ATTEST: Sharon Fierro, Secretary RESOLUTION NO. 3344 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A PLANNED DEVELOPMENT PERMIT (PLN2001-17) TO ALLOW THE CONSTRUCTION OF FIVE NEW TOWN HOMES ON PROPERTY LOCATED AT 247 SHELLEY AVENUE IN A PD (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF EUROCRAFT DEVELOPMENT. FILE NO. PLN2001-17. After notification and public hearing, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the heating was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application PLN2001-17: 1. The proposed Planned Development Permit is consistent with the General Plan designation for the site. 2. The proposed density of 10.82 units per gross acre is no greater than the density allowance of 6-13 units per gross acre permitted in the R-M-S (Multiple-Family Residential) Zoning District. 3. The proposed massing and design is consistent with other developments in the surrounding area and is consistent with the development standards for residential uses. 4. The provision of CC&Rs requiring the formation of a homeowner's association is necessary to ensure the long tenn property maintenance and continued architectural integrity of the project. 5. An initial study was prepared for this project and no significant environmental impacts were found. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed development and uses clearly will result in a more desirable environment and use of the land than would be possible under any other zoning classification. 2. The development and uses will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 3. The proposed development will not result in allowing more residential units than would be allowed by other residential zoning districts which are consistent with the general plan designation of the property; and 4. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 5. No substantial evidence has been presented which shows that the project, as currently presented, and subject to the required conditions of approval, will have a significant adverse impact on the environment. Planning Commission Res~ don No. 3344 PLN2001-17 - 247 Shelley Avenue - Planned Development Permit (5 Town Homes) Page 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 ordinance of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified: COMMUNITY DEVELOPMENT DEPARTMENT Planning Division: 1. Approved Proiect: Approval is granted to construct a 5-unit townhouse project consisting of three (3) two-story buildings. The building designs and site design shall substantially conform to the project exhibits listed below, except as may be modified by the Conditions of Approval herein: a. Set of plans received by Williams Residential Design on March 15, 2001, including building elevations, site plan, and a conceptual landscape plan. b. Color and material boards submitted by Williams Residential Design on March 15, 2001. c. Tentative Subdivision Map prepared by engineers Guiliani and Kull, Inc. received on April 5, 2001. 2. Landscaping: a. The applicant shall retain the seven (7) mature cedar trees and one (1) mature redwood tree on site as specified on the site plan/conceptual landscape plan. b. A tree protection plan shall be submitted prior to issuance of a building permit in accordance with the City's Water Efficient Landscape Standards (WELS) for any trees to be retained on site. Parking and Driveways: a. All parking and driveway areas shall be developed in compliance with Chapter 21.50 of the Campbell Municipal Code. b. The applicant shall provide decorative pavement within the driveway and in front of the garages where uncovered parking spaces are provided in the development. The design and materials to be used for the decorative pavement shall be reviewed and approved by the Community Development Director prior to issuance of building permits for the project. Covenants, Codes and Restrictions (CC&Rs): The applicant shall be required to submit for review and approval by the City Attorney and Community Development Director a copy of the CC&Rs which shall include the following: ao Formation of a homeowner's association to ensure the long-term maintenance of buildings and properties. Planning Commission Res(,..,fion No. 3344 PLN2001 - 1 'l - 247 Shelley Avenue - Planned Development Permit (5 Town Homes) Page 3 b. Continued architectural controls to ensure the architectural integrity of the project. c. Definition of common areas to be maintained and provision of maintenance for these areas, including the driveway and grass cell fire truck turnaround area. d. Provision of a funding mechanism to ensure maintenance and upkeep of common areas and shared building walls and roofs to be repaired, repainteA, and/or replaced as necessary e. Provision for the availability of interior garage space for the parking of two (2) vehicles at all times. f. Provision to prohibit use of uncovered parking spaces for outdoor storage purposes. 5. Park Impact Fee: A park impact fee of $7,035 per unit is due upon development of the townhouse project. Credit in the mount of $10,990 will be given for the existing single- family residence. Prior to recordation of the final subdivision map, 75% of this fee is due. The remaining 25% is due prior to issuance of a certificate of building occupancy. 6. Fences: Any newly proposed fencing shall comply with Section 21.59.090 of the Campbell Municipal Code and shall substantially comply with the fence detail dated February 5, 2001 provided by Williams Residential Design. 7. Property Maintenance: The property is to be maintained flee of any combustible trash, debris and weeds until the time that actual construction commences. All existing structures shall be secured by having windows boarded up and doors sealed shut, or be demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). 8. Utility Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to installation of PG&E utility (transformer) boxes and San Jose Water Company back-flow preventers, indicating the location of the boxes and screening (if the boxes are above ground) for approval by the Planning Division. 9. On-site lighting: On-site lighting shall be shielded away from adjacent properties and directed on site. The design and type of lighting fixtures and lighting intensity of any proposed exterior lighting for the project shall be reviewed and approved by the Community Development Director prior to installation of the lighting. Lighting fixtures shall be of a decorative design to be compatible with the residential development and shall incorporate energy saving features. Building Division: 10. Permits Required: A building permit application shall be required for each proposed new structure. The building permit shall include ElectricalfPlumbing/Mechanical fees when such work is part of the permit. 11. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 12. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. Planning Commission Reso.,aon No. 3344 PLN2001-17 - 247 Shelley Avenue - Planned Development Permit (5 Town Homes) Page 4 13. Soils Report: Two copies of a current soils report, prepared to the satisfaction of the Building Official, containing foundation and retaining wall design recommendations shall be submitted with the building permit application. This report shall be prepared by a licensed engineer specializing in soils mechanics. 14. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. Site plan shall also include site drainage details. 15. 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 pad 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 16. Title 24 Energy Compliance: California Title 24 Energy Compliance forms CF-1R and MF-1R shall be blue-lined on the construction plans. 8~A X 11 calculations shall also be submitted. 17. 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 fi-om the Building Inspection Division Counter. 18. Water Pollution Control: The City of Campbell, 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. 19. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. West Valley Sanitation District (378-2407) b. Santa Clara County Fire Department (378-4010) c. School District: (Note: To Determine your district, contact the offices identified above. Obtain the School District payment form fi'om the City Building Division, after the Division has approved the building permit application.) i. Campbell Union School District (378-3405) ii. Campbell Union High School District (371-0960) iii. Moreland School District (379-1370) iv. Cambrian School District (377-2103) Bay Area Air Quality Management District (Demolitions Only) do Planning Commission Resomtion No. 3344 PLN2001-17 - 247 Shelley Avenue - Planned Development Permit (5 Town Homes) Page 5 FIRE DEPARTMENT: 20. Required Fire Flow: The required fire flow for this project has been calculated at 1,000 GPM at 20 psi residual pressure. The required fire flow is available from area water mains and fire hydrant(s), which are located at the required spacing. 21. Required Access to Water Supply (Hydrants): Portions of the structure(s) are greater than 150 feet of travel distance from the centerline of the roadway containing fire hydrants. Provide an onsite fire hydrant or install an approved fire sprinkler system throughout all portions of the building: 22. Public fire hydrant required: Provide one public fire hydrant at a location to be determined by the Fire Department and San Jose Water Company. Hydrant shall have a minimum single flow of 1,000 GPM at 20 psi residual, with spacing not to exceed 500 feet. Prior to applying for building permits, provide civil drawings reflecting all fire hydrants serving the site. To prevent building permit delays, the developer shall promptly pay all required fees to the San Jose Water Company. 23. Timing of Required Water Supply Installations: Installations of required fire services and fire hydrants shall be tested and accepted by the Fire Department prior to the start of framing or the delivery of bulk combustible materials. Building permit issuance may be withheld until required installations are completed, tested, and accepted. 24. Fire Access Road Required: Provide access roadways with a paved all-weather surface, a minimum unobstructed width of 20 feet, vertical clearance of 13 feet, 6 inches, minimum circulating tuming radius of 36 feet outside and 23 feet inside, and a maximum slope of 15%. 25. Fire Truck Turnaround Required: Provide an approved fire department engine roadway turnaround with a minimum radius of 36 feet outside and 23 feet inside. 26. Fire Lane Marking Required: Provide marking for all access roadways within the project. Markings shall be per Fire Department Standard Details and Specification A-6, and also conform to Local Government Standards. 27. Timing of Required Roadway Installations: Required access roads, up through first lif~ of asphalt, shall be installed and accepted by the Fire Department prior to the start of construction. Bulk combustible materials shall not be delivered to the site until installation is complete. During construction, emergency access roads shall be maintained clear and unimpeded. Note that building permit issuance may be withheld until installations are completed. PUBLIC WORKS DEPARTMENT 28. Final Map: Prior to issuance of any grading or building permits for the project, the applicant shall submit a Final Map for review by the City and recordation, upon approval by the City Council. The current plan check fee is $1,510.00 plus $25 per lot. 29. Preliminary Title Report: Prior to recordation of the Tract Map, the applicant shall provide a current Preliminary Title Report. Planning Commission Res, .tion No. 3344 PLN2001-17 - 247 Shelley Avenue- Planned Development Permit (5 Town Homes) Page 6 30. Right-of-Way for Public Street Purposes: Upon recordation of the Final Map, the applicant shall cause additional Right-of-Way to be granted for public street purposes along the Shelley Avenue frontage to accommodate a 30-foot half street (maximum), as determined by the City Engineer. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 31. Public Service Easement: Upon recordation of the Final Map, the applicant shall grant a 10 - foot public service easement on private property contiguous with the public right-of-way along the Shelley Avenue frontage. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 32. Easements: Upon recordation of the Final Map, the applicant shall cause Easements to be recorded for private utilities, private storm drains, reciprocal ingress and egress, etc. 33. Monumentation for Final Map: Prior to recordation of the Final Map, the applicant shall provide security guaranteeing the cost of setting all Monuments shown on the map, as determined by the City Engineer. 34. Street Improvements: Prior to recordation of the Final Map, the applicant shall execute a street improvement agreement and shall cause plans for public Street Improvements to be prepared by a registered civil engineer, pay fees, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City Engineer. The fee for a non-utility encroachment permit is $245.00. The plans shall include the following: a. Removal of existing driveway approach, curb, gutter, and sidewalk. b. Construction of new curb/gutter and detached sidewalk. c. Installation of surface treatment or reconstruction of one-half street pavement section as determined by City Engineer based on field-testing of existing pavement. d. Construction of new street trees and irrigation at 40 feet on center. e. Construction of new ADA compliant driveway approach. f. Installation of signs and stripes, as necessary. g. Relocation and protection of utilities as necessary. h. Construction of conforms to existing public and private improvements as necessary. 35. Water Meter(s) and Sewer Cleanout(s): Existing and proposed Water Meter(s) and Sewer Cleanout(s) shall be installed on private property behind the public right-of-way line. 36. Soils Report: Prior to preparation of the on and off-site improvement plans; the applicant shall provide a Soils Report prepared by a registered geotechmcal or civil engineer. 37. Utilities: All new on-site Utilities shall be installed underground per Section 20.36.150 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. Planning Commission Resoi-don No. 3344 PLN2001-17 - 247 Shelley Avenue - Planned Development Permit (5 Town Homes) Page 7 38. Utility Installation Plan: Prior to issuance of building permits for the site, the applicant shall submit a Utility Installation Coordination Plan and Schedule for approval by the City Engineer for installation of street improvements and/or abandonment of all utilities. Streets, which have been resuffaeed within the previous 5 years, will require boring and jacking for all new utility installations. Applicant shall also prepare pavement restoration plans for approval by the City Engineer prior to any utility installation or abandonment. 39. Grading and Drainage Plan: Prior to issuance of any grading or building permits for the site, the applicant shall conduct hydrology studies based on a 10 year storm frequency, prepare an engineered Grading and Drainage Plan, and pay fees required to obtain necessary grading permits. The plans shall comply with the 1998 edition of the California Building Code including Chapters 10, 11, 18, 33, and Appendix Chapter 33. 40. Storm Drain Area Fee: Prior to recordation of the Final Map, the applicant shall pay the required Storm Drain Area fee, which is $2,250.00 per acre. 41. Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permitting requirements and the California Storm Water Best Management Practices handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley Water District and the City of Campbell Municipal Code regarding Storm Water Pollution Prevention. 42. Demolition: Prior to recording of the Final Map the applicant shall obtain a Demolition permit to remove any nonconforming structures. PASSED AND ADOPTED this 24th day of April, 2001, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Doorley, Francois, Gibbons, Hemandez, Jones, Lindstrom, Lowe None None None APPROVED: Mel Lindstrom, Chair ATTEST: Sharon Fierro, Secretary RESOLUTION NO. 3345 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A TENTATIVE SUBDMSION MAP (PLN2001-12) TO ALLOW THE CREATION OF SIX LOTS ON PROPERTY LOCATED AT 247 SHELLEY AVENUE IN A PD (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF EUROCRAFT DEVELOPMENT. FILE NO. PLN2001-12. After notification and public hearing, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission did fred as follows with respect to application PLN2001-12: 1. The proposed creation of six lots is consistent with the General Plan. 2. The proposed density of 10.82 units per gross acre is no greater than would be allowed by the R-M-S (Multiple-Family Residential) Zoning District. 3. The provisions of the CC&Rs are necessary to ensure the long-term property maintenance and continued architectural integrity of the project. 4. An initial study was prepared for this project and no significant environmental impacts were found. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed subdivision is consistent with the General Plan. 2. The proposed subdivision does not impair the balance between the housing needs of the region and the public service needs of its residents and available fiscal and environmental resources. 3. The design of the subdivision provides, to the extent feasible, for future passive or natural heating and cooling opportunities. 4. No substantial evidence has been presented which shows that the project as currently presented, and subject to the attached conditions, will have a significant effect upon the environment. 5. The development and uses would be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. Planning Commission Reso,,,tion No. 3345 PLN2001-12 - 247 Shelley Avenue - Tentative Subdivision Map (6 lots) Page 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 ordinance of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified: COMMUNITY DEVELOPMENT DEPARTMENT 1. Approved Prqiect: Approval is granted to create five (5) residential lots and a common lot for a five-unit townhouse development. The site design shall substantially conform to the Tentative Subdivision Map prepared by engineers Guiliani and Kull, Inc. received on April 5, 2001. 2. Covenants, Codes and Restrictions (CC&Rs): The applicant shall be required to submit for review and approval by the City Attorney and Community Development Director a copy of the CC&Rs which shall include the following: a. Formation of a homeowner's association to ensure the long-term maintenance of buildings and properties. b. Continued architectural controls to ensure the architectural integrity of the project. c. Definition of common areas to be maintained and provision of maintenance for these areas, including the driveway and grass cell fire truck turnaround area. d. Provision of a funding mechanism to ensure maintenance and upkeep of common areas and shared building walls and roofs to be repaired, repainted, and/or replaced as necessary e. Provision for the availability of interior garage space for the parking of two (2) vehicles at all times. f. Provision to prohibit use of uncovered parking spaces for outdoor storage purposes. 3. Park Impact Fee: A park impact fee of $7,035 per unit is due upon development of the townhouse project. Credit in the amount of $10,990 will be given for the existing single- family residence. Prior to recordation of the final subdivision map, 75% of this fee is due. The remaining 25% is due prior to issuance of a certificate of building occupancy. 4. Property Maintenance: The property is to be maintained flee of any combustible trash, debris and weeds until the time that actual construction commences. All existing structures shall be secured by having windows boarded up and doors sealed shut, or be demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). PUBLIC WORKS DEPARTMENT 5. Final Map: Prior to issuance of any grading or building permits for the project, the applicant shall submit a Final Map for review by the City and recordation, upon approval by the City Council. The current plan check fee is $1,510.00 plus $25 per lot. Planning Commission Reso~.aon No. 3345 PLN2001-12 - 247 Shelley Avenue - Tentative Subdivision Map (6 lots) Page 3 6. Prelinfinary Title Report: Prior to recordation of the Tract Map, the applicant shall provide a current Preliminary Title Report. 7. Right-of-Way for Public Street Purposes: Upon recordation of the Final Map, the applicant shall cause additional Right-of-Way to be granted for Public Street Purposes along the Shelley Avenue frontage to accommodate a 30-foot half street (maximum), as determined by the City Engineer. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 8. Public Service Easement: Upon recordation of the Final Map, the applicant shall grant a 10- foot Public Service Easement on private property contiguous with the public fight-of-way along the Shelley Avenue frontage. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 9. Easements: Upon recordation of the Final Map, the applicant shall cause Easements to be recorded for private utilities, private storm drains, reciprocal ingress and egress, etc. 10. Monumentation for Final Map: Prior to recordation of the Final Map, the applicant shall provide security guaranteeing the cost of setting all Monuments shown on the map, as determined by the City Engineer. 11. Street Improvements: Prior to recordation of the Final Map, the applicant shall execute a street improvement agreement and shall cause plans for public Street Improvements to be prepared by a registered civil engineer, pay fees, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City Engineer. The fee for a non-utility encroachment permit is $245.00. The plans shall include the following: a. Removal of existing driveway approach, curb, gutter, and sidewalk. b. Construction of new curb/gutter and detached sidewalk. c. Installation of surface treatment or reconstruction of one-half street pavement section as determined by City Engineer based on field-testing of existing pavement. d. Construction of new street trees and irrigation at 40 feet on center. e. Construction of new ADA compliant driveway approach. f. Installation of signs and stripes, as necessary. g. Relocation and protection of utilities as necessary. h. Construction of conforms to existing public and private improvements as necessary. 12. Water Meter(s) and Sewer Cleanout(s): Existing and proposed Water Meter(s) and Sewer Cleanout(s) shall be installed on private property behind the public right-of-way line. 13. Soils Report: Prior to preparation of the on and off-site improvement plans; the applicant shall provide a Soils Report prepared by a registered geotechnical or civil engineer. 14. Utilities: All new on-site Utilities shall be installed underground per Section 20.36.150 of the Campbell Municipal Code for any new or remodeled buildings or additions. APplicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. Planning Commission Resolution No. 3345 PLN2001-12 - 247 Shelley Avenue - Tentative Subdivision Map (6 lots) Page 4 15. Utility Installation Plan: Prior to issuance of building permits for the site, the applicant shall submit a Utility Installation Coordination Plan and Schedule for approval by the City Engineer for installation of street improvements and/or abandonment of all utilities. Streets that have been resurfaced within the previous 5 years will require boring and jacking for all new utility installations. Applicant shall also prepare pavement restoration plans for approval by the City Engineer prior to any utility installation or abandonment. 16. Grading and Drainage Plan: Prior to issuance of any grading or building permits for the site, the applicant shall conduct hydrology studies based on a 10 year storm frequency, prepare an engineered Grading and Drainage Plan, and pay fees required to obtain necessary grading permits. The plans shall comply with the 1998 edition of the California Building Code including Chapters 10, 11, 18, 33, and Appendix Chapter 33. 17. Storm Drain Area Fee: Prior to recordation of the Final Map, the applicant shall pay the required Storm Drain Area fee that is $2,250.00 per acre. 18. Storm Water Pollution Prevention Measures:. Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permitting requirements and the California Storm Water Best Management Practices handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley Water District and the City of Campbell Municipal Code regarding Storm Water Pollution Prevention. 19. Demolition: Prior to recording of the Final Map the applicant shall obtain a Demolition permit to remove any nonconforming structures. PASSED AND ADOPTED this 24th day of April, 2001, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Doorley, Francois, Gibbons, Hernandez, Jones, Lindstrom, Lowe None None None APPROVED: Mel Lindstrom, Chair ATTEST: Sharon Fierro, Secretary ITEM NO. 5 STAFF REPORT - PLANNING COMMISSION MEETING OF April 24, 2001 PLN2001-12 (TS) PLN2001-16 (ZC) PLN2001-17 (PD) Latala, A. Public Heating to consider the applications of Mr. Andrew Latala, on behalf of Eurocraft Development, to allow the following on property located at 247 Shelley Avenue in an R-M-S (Multiple Family Residential) Zoning District: a) A Zone Change from R-M-S (Multiple Family Residential) to P-D (Planned Development); b) A Planned Development Permit to allow construction of five (5) townhouse units; and c) A Tentative Parcel Map to create five (5) townhouse lots and a common lot for access. STAFF RECOMMENDATION That the Planning Commission take the following actions: 1. Recommend that the City Council grant a Negative Declaration for this project based upon the attached findings; 2. Adopt a Resolution incorporating the attached findings, recommending that the City Council approve a Zone Change from R-M-S (Multiple Family Residential) to PD (Planned Development); 3. Adopt a Resolution incorporating the attached findings, recommending that the City Council approve a Planned Development Permit to allow the construction of five (5) townhouse units, subject to the attached Conditions of Approval; and 4. Adopt a Resolution incorporating the attached findings, recommending that the City Council approve a Tentative Subdivision Map, subject to the attached Conditions of Approval. ENVIRONMENTAL DETERMINATION In accordance with California Environmental Quality Act (CEQA), the City conducted an Initial Study for this project. The results of the study determined that no significant impacts would be created as a result of this project. Based upon the information provided in the environmental assessment, Staff recommends that the Planning Commission recommend that the City Council adopt the Negative Declaration prepared for this project. The Initial Study and the findings in support of the Negative Declaration are included as an attachment to this report. Staff Report - Planning Cornrhxssion Meeting of April 24, 2001 PLN2001-12, 16, and 17 -- 247 Shelley Ave. PROJECT DATA Gross Lot Area: Net Lot Area: Project Density: Site Utilization: Building Coverage: Landscape Coverage: Paving Coverage: Floor Area Ratio (FAR): Parking Provided: Required: Unit Summary Units 1-4 Model A Unit 5 Model B Adjacent Land Uses .46 acres 20,128 square feet .42 acres 18,284 square feet 10.82 units per gross acre 28.5% 5,214 sq. fi. 31.1% 5,693 sq. fr. 40.3% 7,377 sq. fr. .54 9,790 sq. fr. 20 parking spaces (10 covered, 10 uncovered) 17.5 parking spaces (5 covered minimum, 12.5 uncovered) 3 BR/2.5 BA 3 BR/2.5 BA North: Single-story single-family residence South: Office/Commercial East: Office/Commercial West: Residential townhouse development 1,544 sq. fr.+ 417 sq. ft. garage 1,529 sq. ft.+ 417 sq. fi. garage DISCUSSION Applicant's Proposal: The applicant, Andrew Latala, is requesting approval of a Zone Change (PLN2001-16) from an R-M-S (Multiple Family Residential) to a P-D (Planned Development) zoning district, a Planned Development Permit (PLN2001-17), and a Tentative Subdivision Map (PLN2001-12) to allow the construction of a five (5) unit townhouse development on property located at 247 Shelley Avenue. The subject property is located on the north side of Shelley Avenue, one parcel west of Bascom Avenue on the border of Campbell and San Jose. Background: The project site is currently developed with a single-family residence, pool, pool house, and a detached garage. These structures will be removed for the construction of the townhouse units. ANALYSIS General Plan Designation: The General Plan land use designation for the project site is Low- Medium Density Residential (6-13 units per gross acre). The proposed project will be developed at a density of 10.82 units per gross acre, which is within the density range allowed for the site. Therefore, the proposed project is consistent with the General Plan. Zoning Designation: The zoning designation for the project site is R-M-S (Multiple Family Residential). Under this zoning designation, a maximum of six (6) units could be constructed on Staff Report - Planning Conm~.osion Meeting of April 24, 2001 PLN2001-12, 16, and 17 -- 247 Shelley Ave. the project site, if all other development standards (i.e. open space, parking, etc.) could be met. The applicant is requesting approval of a Zone Change from an R-M-S to a P-D (Planned Development) zoning district to allow for the development of townhouse units, each to be constructed on individual lots. The zone change does not affect the maximum density range allowance for the property, but does allow for the separate ownership of units as opposed to the development of multiple units on a single lot (i.e. rental apartments). Site Plan: The site plan proposes the construction of five (5) attached townhouse units within three buildings that are accessed by a 20-foot wide common interior driveway along the east property line. Two of the buildings consist of two (2) units each and are oriented along the west side of the subject site. The rear building contains one unit. The southern-most unit has direct frontage onto Shelley Avenue and has a front yard setback of approximately 20 feet from the back of sidewalk. Each of the units has a private rear yard areas that ranges in depth between 10- 15 feet. In addition, landscaped areas are provided between the garage aprons of each unit, along the eastern property line, and in between the entrances to each unit. The common lot for the development consists of the common access driveway, fire truck tumaround area as indicated on the site plan, and a ten-foot public utility easement along the public right-of-way adjacent to Lot 1. Architecture: The proposed townhouse development consists of three two-story buildings, two with two units each and one with one unit. All three buildings have a stucco wall exterior, stucco foam window trim and hipped roofs with concrete tile shingles. The designs also incorporate a bay window and a porch element along the front entry of each unit. The windows are dual paned, some with divided lights and arched window features. The garage doors are arched and corbel braces offer visual support to cantilevered windows. The applicant proposes two color palettes colors for the exterior of the buildings. Plan A has beige for the stucco wall, off-white for the window framing and porch columns, dark red for the garage and entry doors and dark gray concrete tile roofing. Plan B has dark white for the stucco wall, beige for the window framing and porch columns, dark teal for the garage and entry doors, and dark gray concrete tile roofing. Both of the color palettes are subtle earth-tone shades that complement each other well. Staff finds that the proposed design is well articulated and is inconsistent with the City's Low- Medium Residential Design Guidelines. Landscaping: The project site currently has several mature trees and the applicant has indicated on the site plan that all of the trees will be preserved with the new development. The trees include seven mature cedar trees and one mature redwood. These trees to remain will provide screening and buffering between the adjacent townhouse complex to the west. Staff Report- Planning Commission Meeting of April 24, 2001 PLN2001-12, 16, and 17 -- 247 Shelley Ave. The applicant has provided a conceptual landscaping plan that contains additional trees including five (5) 24"box Aleppo Pines, five (5) 24"box Coast Live Oaks, and fifteen (15) 15-gallon White Oleanders. The conceptual landscaped areas on the site plan also indicate landscaping strips along the east side of the property adjacent to the driveway, along the side yards of all of the units and along the front of the units. These areas will be landscaped with the trees, shrubs, and turf. Parking: The project provides a total of 20 off-street parking spaces. Each unit has a two-car garage and two parking spaces in the driveway apron. The project exceeds the City's parking requirement to provide 3.5 parking spaces per unit by providing four per unit. Tentative Subdivision Map: The applicant is requesting approval of a Tentative Subdivision Map to subdivide the property into five (5) residential lots and one common lot for the 1 O-foot public utility easement strip along the public right-of-way, the grass cell fire track turnaround area, and the access driveway. Staff recommends that prior to recordation of the final parcel map and issuance of any building permits, the applicant provide draft Covenants, Conditions and Restrictions (CC&Rs) to the Community Development Department for review which provide for: A. Formation of a homeowner's association to ensure the long-term maintenance of buildings and properties. B. Continued architectural controls to ensure the architectural integrity of the project. C. Definition of common areas to be maintained and provision of maintenance for these areas, including the driveway and grass cell fire track turnaround area. D. Provision of a funding mechanism to ensure maintenance and upkeep of common areas and shared building walls and roofs to be repaired, repainted, and/or replaced as necessary E. Provision for the availability of interior garage space for the parking of two (2) vehicles at all times. F. Provision to prohibit use of uncovered parking spaces for outdoor storage purposes. Condition of Approval Number 4 (PLN2001-17) requires that the applicant submit the draft CC&Rs for the project to be reviewed and approved by the Community Development Director, City Engineer and City Attomey which will satisfy the City's need to ensure the proper maintenance and upkeep of the development. Site and Architectural Review Committee: The Site and Architectural Review Committee reviewed this development project at its meeting of April 10, 2001 and was supportive of the proposed project. Staff Report - Planning Comm. osion Meeting of April 24, 2001 PLN2001-12, 16, and 17 -- 247 Shelley Ave. .page 5 ............................................................................................................................................. Attachments: 1. Recommended Findings for PLN2001-16 (Zone Change) 2. Recommended Findings for PLN2001-17 (Planned Development Permit) 3. Conditions of Approval for PLN2001-17 (Planned Development Permit) 4. Recommended Findings for PLN2001-12 (Tentative Subdivision Map) 5. Conditions of Approval for PLN2001-12 (Tentative Subdivision Map) 6. Site Plans and Elevations 7. Tentative Subdivision and Preliminary Grading Plan 8. Initial Study/Environmental Documentation 9. Location Map Prepared by: Kristi Bascom, Planner I Approved by: G~~Senior~Pl~ Attachment 1 FINDINGS FOR APPROVAL OF FILE NO PLN2001-16 (ZONE CHANGE) SITE ADDRESS: APPLICANT: P.C. MEETING: 247 Shelley Avenue Andrew Latala, Eurocrafi Development April 24, 2001 Findings for Approval of a Zone Change to allow the rezoning from R-M-S (Multi-family Residential) to PD (Planned Development) property located at 247 Shelley Avenue. The Planning Commission finds as follows with regard to File No. PLN2001-16: 1. The proposed Planned Development zoning is consistent with the General Plan designation for the site. The proposed density of 10.82 units per gross acre is no greater than the density allowance of 6-13 units per gross acre permitted in the R-M-S (Multiple-Family Residential) Zoning District. 3. An initial study was prepared for this project and no significant environmental impacts were found. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that' 1. The proposed development and uses will clearly result in a more desirable environment and use of the land than would be possible under any other zoning classification. 2. The development and uses will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 0 The proposed development will not result in allowing more residential units than would be allowed by other residential zoning districts which are consistent with the general plan designation of the property; and 4. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 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. Attachment 2 FINDINGS FOR APPROVAL OF FILE NO PLN2001-17 (PLANNED DEVELOPMENT PERMIT) SITE ADDRESS: APPLICANT: P.C. MEETING: 247 Shelley Avenue Andrew Latala, Eurocrafi Development April 24, 2001 Findings for Approval of a Planned Development Permit to allow the construction of five (5) townhouses on property located at 247 Shelley Avenue. The Planning Commission finds as follows with regard to File No. PLN2001-12: 1. The proposed Planned Development Permit is consistent with the General Plan designation for the site. 2. The proposed density of 10.82 units per gross acre is no greater than the density allowance of 6-13 units per gross acre permitted in the R-M-S (Multiple-Family Residential) Zoning District. 3. The proposed massing and design is consistent with other developments in the surrounding area and is consistent with the development standards for residential uses. 4. The provision of CC&Rs requiring the formation of a homeowner's association is necessary to ensure the long term property maintenance and continued architectural integrity of the project. 5. An initial study was prepared for this project and no significant environmental impacts were found. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed development and uses clearly will result in a more desirable environment and use of the land than would be possible under any other zoning classification. 2. The development and uses will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 3. The proposed development will not result in allowing more residential units than would be allowed by other residential zoning districts which are consistent with the general plan designation of the property; and 4. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 5. No substantial evidence has been presented which shows that the project, as currently presented, and subject to the required conditions of approval, will have a significant adverse impact on the environment. Attachment 3 CONDITIONS OF APPROVAL DEVELOPMENT PERMIT) FOR FILE NO. PLN2001-17 (PLANNED SITE ADDRESS: APPLICANT: P.C. MEETING: 247 Shelley Avenue Andrew Latala, Eurocraft Development April 24, 2001 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. The lead department with which the applicant will work is identified on each condition where necessary. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified: COMMUNITY DEVELOPMENT DEPARTMENT Planning Division: 1. Approved Project: Approval is granted to construct a 5-unit townhouse project consisting of three (3) two-story buildings. The building designs and site design shall substantially conform to the project exhibits listed below, except as may be modified by the Conditions of Approval herein: a. Set of plans received by Williams Residential Design on March 15, 2001, including building elevations, site plan, and a conceptual landscape plan. b. Color and material boards submitted by Williams Residential Design on March 15,2001. c. Tentative Subdivision Map prepared by engineers Guiliani and Kull, Inc. received on April 5, 2001. 2. Landscaping: a. The applicant shall retain the seven (7) mature cedar trees and one (1) mature redwood tree on site as specified on the site plan/conceptual landscape plan. b. A tree protection plan shall be submitted prior to issuance of a building permit in accordance with the City's Water Efficient Landscape Standards (WELS) for any trees to be retained on site. 3. Parking and Driveways: a. All parking and driveway areas shall be developed in compliance with Chapter 21.50 of the Campbell Municipal Code. b. The applicant shall provide decorative pavement within the driveway and in front of the garages where uncovered parking spaces are provided in the development. The design and materials to be used for the decorative pavement shall be reviewed and approved by the Community Development Director prior to issuance of building permits for the project. Conditions of Approval for PL ~2001-17 (Planned Development Permit) 4. Covenants, Codes and Restrictions (CC&Rs): The applicant shall be required to submit for review and approval by the City Attorney and Community Development Director a copy of the CC&Rs which shall include the following: a. Formation of a homeowner's association to ensure the long-term maintenance of buildings and properties. b. Continued architectural controls to ensure the architectural integrity of the project. c. Definition of common areas to be maintained and provision of maintenance for these areas, including the driveway and grass cell fire truck turnaround area. d. Provision of a funding mechanism to ensure maintenance and upkeep of common areas and shared building walls and roofs to be repaired, repainted, and/or replaced as necessary e. Provision for the availability of interior garage space for the parking of two (2) vehicles at all times. f. Provision to prohibit use of uncovered parking spaces for outdoor storage purposes. 5. Park Impact Fee: A park impact fee of $7,035 per unit is due upon development of the townhouse project. Credit in the amount of $10,990 will be given for the existing single- family residence. Prior to recordation of the final subdivision map, 75% of this fee is due. The remaining 25% is due prior to issuance of a certificate of building occupancy. 6. Fences: Any newly proposed fencing shall comply with Section 21.59.090 of the Campbell Municipal Code and shall substantially comply with the fence detail dated February 5, 2001 provided by Williams Residential Design. 7. Property_ Maintenance: The property is to be maintained free of any combustible trash, debris and weeds until the time that actual construction commences. All existing structures shall be secured by having windows boarded up and doors sealed shut, or be demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). 8. Utility Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to installation of PG&E utility (transformer) boxes and San Jose Water Company back-flow preventers, indicating the location of the boxes and screening (if the boxes are above ground) for approval by the Planning Division. 9. On-site lighting: On-site lighting shall be shielded away from adjacent properties and directed on site. The design and type of lighting fixtures and lighting intensity of any proposed exterior lighting for the project shall be reviewed and approved by the Community Development Director prior to installation of the lighting. Lighting fixtures shall be of a decorative design to be compatible with the residential development and shall incorporate energy saving features. Building Division: 10. Permits Required: A building permit application shall be required for each proposed new structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. Conditions of Approval for PLi ~2001-17 (Planned Development Permit) 11. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 12. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 13. Soils Report: Two copies of a current soils report, prepared to the satisfaction of the Building Official, containing foundation and retaining wall design recommendations shall be submitted with the building permit application. This report shall be prepared by a licensed engineer specializing in soils mechanics. 14. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. Site plan shall also include site drainage details. 15. 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 pad 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 16. Title 24 Energy Compliance: California Title 24 Energy Compliance forms CF-1R and MF- 1R shall be blue-lined on the construction plans. 8½ X 11 calculations shall also be submitted. 17. 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. 18. Water Pollution Control: The City of Campbell, 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. 19. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. West Valley Sanitation District (378-2407) b. Santa Clara County Fire Department (378-4010) c. School District: (Note: To Determine your district, contact the offices identified above. Obtain the School District payment form from the City Building Division, after the Division has approved the building permit application.) i. Campbell Union School District (378-3405) ii. Campbell Union High School District (371-0960) Conditions of Approval for PL..2001-17 (Planned Development Permit) 247 Shelley Ave .............................................................................. iii. Moreland School District (379-1370) iv. Cambrian School District (377-2103) d. Bay Area Air Quality Management District (Demolitions Only) FIRE DEPARTMENT: 20. Required Fire Flow: The required fire flow for this project has been calculated at 1,000 GPM at 20 psi residual pressure. The required fire flow is available from area water mains and fire hydrant(s) which are located at the required spacing. 21. Required Access to Water Supply (Hydrants): Portions of the structure(s) are greater than 150 feet of travel distance from the centerline of the roadway containing fire hydrants. Provide an onsite fire hydrant or install an approved fire sprinkler system throughout all portions of the building. 22. Public fire hydrant required: Provide one public fire hydrant at a location to be determined by the Fire Department and San Jose Water Company. Hydrant shall have a minimum single flow of 1,000 GPM at 20 psi residual, with spacing not to exceed 500 feet. Prior to applying for building permits, provide civil drawings reflecting all fire hydrants serving the site. To prevent building permit delays, the developer shall promptly pay all required fees to the San Jose Water Company. 23. Timing of Required Water Supply Installations: Installations of required fire services and fire hydrants shall be tested and accepted by the Fire Department prior to the start of framing or the delivery of bulk combustible materials. Building permit issuance may be withheld until required installations are completed, tested, and accepted. 24. Fire Access Road Required: Provide access roadways with a paved all-weather surface, a minimum unobstructed width of 20 feet, vertical clearance of 13 feet, 6 inches, minimum circulating turning radius of 36 feet outside and 23 feet inside, and a maximum slope of 15%. 25. Fire Truck Turnaround Required: Provide an approved fire department engine roadway turnaround with a minimum radius of 36 feet outside and 23 feet inside. 26. Fire Lane Marking Required: Provide marking for all access roadways within the project. Markings shall be per Fire Department Standard Details and Specification A-6, and also conform to Local Government Standards. 27. Timing of Required Roadway Installations: Required access roads, up through first lift of asphalt, shall be installed and accepted by the Fire Department prior to the start of construction. Bulk combustible materials shall not be delivered to the site until installation is complete. During construction, emergency access roads shall be maintained clear and unimpeded. Note that building permit issuance may be withheld until installations are completed. Conditions of Approval for PL~2001-17 (Planned Development Permit) PUBLIC WORKS DEPARTMENT 28. Final Map: Prior to issuance of any grading or building permits for the project, the applicant shall submit a Final Map for review by the City and recordation, upon approval by the City Council. The current plan check fee is $1,510.00 plus $25 per lot. 29. Preliminary Title Report: Prior to recordation of the Tract Map, the applicant shall provide a current Preliminary Title Report. 30. Right-of-Way for Public Street Purposes: Upon recordation of the Final Map, the applicant shall cause additional Right-of-Way to be granted for public street purposes along the Shelley Avenue frontage to accommodate a 30-foot half street (maximum), as determined by the City Engineer. The applicant shall cause ail doctunents to be prepared by a registered civil engineer/land surveyor, as necessary, for thc City's review and recordation. 31. Public Service Easement: Upon recordation of the Final Map, the applicant shall grant a 10 - foot public service easement on private property contiguous with the public right-of-way along thc Shelley Avenue frontage. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 32. Easements: Upon recordation of the Final Map, the applicant shall cause Easements to be recorded for private utilities, private storm drains, reciprocal ingress and egress, etc. 33. Monumentation for Final Map: Prior to recordation of the Final Map, the applicant shall provide security guaranteeing the cost of setting all Monuments shown on the map, as determined by the City Engineer. 34. Street Improvements: Prior to recordation of the Final Map, the applicant shall execute a street improvement agreement and shall cause plans for public Street Improvements to be prepared by a registered civil engineer, pay fees, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City Engineer. The fee for a non-utility encroachment permit is $245.00. The plans shall include the following: a. Removal of existing driveway approach, curb, gutter, and sidewalk. b. Construction of new curb/gutter and detached sidewalk. c. Installation of surface treatment or reconstruction of one-half street pavement section as determined by City Engineer based on field testing of existing pavement. d. Construction of new street trees and irrigation at 40 feet on center. e. Construction of new ADA compliant driveway approach. f. Installation of signs and stripes, as necessary. g. Relocation and protection of utilities as necessary. h. Construction of conforms to existing public and private improvements as necessary. 35. Water Meter(s) and Sewer Cleanout(s): Existing and proposed Water Meter(s) and Sewer Cleanout(s) shall be installed on private property behind the public right-of-way line. 36. Soils Report: Prior to preparation of the on and off-site improvement plans, the applicant shall provide a Soils Report prepared by a registered geotechnical or civil engineer. Conditions of Approval for PL~2001-17 (Planned Development Permit) 37. Utilities: All new on-site Utilities shall be installed underground per Section 20.36.150 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. 38. Utili _ty Installation Plan: Prior to issuance of building permits for the site, the applicant shall submit a Utility Installation Coordination Plan and Schedule for approval by the City Engineer for installation of street improvements and/or abandonment of all utilities. Streets which have been resurfaced within the previous 5 years will require boring and jacking for all new utility installations. Applicant shall also prepare pavement restoration plans for approval by the City Engineer prior to any utility installation or abandonment. 39. Grading and Drainage Plan: Prior to issuance of any grading or building permits for the site, the applicant shall conduct hydrology studies based on a 10 year storm frequency, prepare an engineered Grading and Drainage Plan, and pay fees required to obtain necessary grading permits. The plans shall comply with the 1998 edition of the California Building Code including Chapters 10, 11, 18, 33, and Appendix Chapter 33. 40. Storm Drain Area Fee: Prior to recordation of the Final Map, the applicant shall pay the required Storm Drain Area fee which is $2,250.00 per acre. 41. Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permitting requirements and the California Storm Water Best Management Practices handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley Water District and the City of Campbell Municipal Code regarding Storm Water Pollution Prevention. 42. Demolition: Prior to recording of the Final Map the applicant shall obtain a Demolition permit to remove any nonconforming structures. Attachment 4 FINDINGS FOR APPROVAL OF FILE NO PLN2001-12 (TENT. SUBDIVISION MAP) SITE ADDRESS: APPLICANT: P.C. MEETING: 247 Shelley Avenue Andrew Latala, Eurocraft Development April 24, 2001 Findings for Approval of a Tentative Subdivision Map to allow the establishment of six (6) lots on property located at 247 Shelley Avenue. The Planning Commission finds as follows with regard to File No. PLN2001-12: 1. The proposed creation of six lots is consistent with the General Plan. 2. The proposed density of 10.82 units per gross acre is no greater than would be allowed by the R-M-S (Multiple-Family Residential) Zoning District. 3. The provisions of the CC&Rs are necessary to ensure the long term property maintenance and continued architectural integrity of the project. 4. An initial study was prepared for this project and no significant environmental impacts were found. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed subdivision is consistent with the General Plan. 2. The proposed subdivision does not impair the balance between the housing needs of the region and the public service needs of its residents and available fiscal and environmental resources. 3. The design of the subdivision provides, to the extent feasible, for future passive or natural heating and cooling opportunities. 4. No substantial evidence has been presented which shows that the project as currently presented, and subject to the attached conditions, will have a significant effect upon the environment. 5. The development and uses would be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. Attachment 5 CONDITIONS OF APPROVAL FOR FILE NO. PLN2001-12 (TENTATIVE SUBDIVISION MAP) SITE ADDRESS: APPLICANT: P.C. MEETING: 247 Shelley Avenue Andy Latala, Eurocrai~ Development April 24, 2001 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. The lead department with which the applicant will work is identified on each condition where necessary. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified: COMMUNITY DEVELOPMENT DEPARTMENT 1. Approved Project: Approval is granted to create five (5) residential lots and a common lot for a five-unit townhouse development. The site design shall substantially conform to the Tentative Subdivision Map prepared by engineers Guiliani and Kull, Inc. received on April 5, 2001. 2. Covenants, Codes and Restrictions (CC&Rs): The applicant shall be required to submit for review and approval by the City Attorney and Community Development Director a copy of the CC&Rs which shall include the following: a. Formation of a homeowner's association to ensure the long-term maintenance of buildings and properties. b. Continued architectural controls to ensure the architectural integrity of the project. c. Definition of common areas to be maintained and provision of maintenance for these areas, including the driveway and grass cell fire track turnaround area. d. Provision of a funding mechanism to ensure maintenance and upkeep of common areas and shared building walls and roofs to be repaired, repainted, and/or replaced as necessary e. Provision for the availability of interior garage space for the parking of two (2) vehicles at all times. f. Provision to prohibit use of uncovered parking spaces for outdoor storage purposes. 3. Park Impact Fee: A park impact fee of $7,035 per unit is due upon development of the townhouse project. Credit in the amount of $10,990 will be given for the existing single- family residence. Prior to recordation of the final subdivision map, 75% of this fee is due. The remaining 25% is due prior to issuance of a certificate of building occupancy. 4. Property Maintenance: The property is to be maintained ~ee of any combustible trash, debris and weeds until the time that actual construction commences. All existing structures shall be secured by having windows boarded up and doors sealed shut, or be demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). Conditions of Approval for PLi~2001-12 (Tentative Subdivision Map) ...................................................................................................................................................................................................................................................................................................... PUBLIC WORKS DEPARTMENT 5. Final Map: Prior to issuance of any grading or building permits for the project, the applicant shall submit a Final Map for review by the City and recordation, upon approval by the City Council. The current plan cheek fee is $1,510.00 plus $25 per lot. 6. Preliminary Title Report: Prior to recordation of the Tract Map, the applicant shall provide a current Preliminary Title Report. 7. Right-of-Way for Public Street Purposes: Upon recordation of the Final Map, the applicant shall cause additional P, Jght-of-Way to be granted for Public Street Purposes along the Shelley Avenue frontage to accommodate a 30 foot half street (maximum), as determined by the City Engineer. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 8. Public Service Easement: Upon recordation of the Final Map, the applicant shall grant a 10- foot Public Service Easement on private property contiguous with the public right-of-way along the Shelley Avenue frontage. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 9. Easements: Upon recordation of the Final Map, the applicant shall cause Easements to be recorded for private utilities, private storm drains, reciprocal ingress and egress, etc. 10. Monumentation for Final Map: Prior to recordation of the Final Map, the applicant shall provide security guaranteeing the cost of setting all Monuments shown on the map, as determined by the City Engineer. 11. Street Improvements: Prior to recordation of the Final Map, the applicant shall execute a street improvement agreement and shall cause plans for public Street Improvements to be prepared by a registered civil engineer, pay fees, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City Engineer. The fee for a non-utility encroachment permit is $245.00. The plans shall include the following: a. Removal of existing driveway approach, curb, gutter, and sidewalk. b. Construction of new curb/gutter and detached sidewalk. c. Installation of surface treatment or reconstruction of one-half street pavement section as determined by City Engineer based on field testing of existing pavement. d. Construction of new street trees and irrigation at 40 feet on center. e. Construction of new ADA compliant driveway approach. f. Installation of signs and stripes, as necessary. g. Relocation and protection of utilities as necessary. h. Construction of conforms to existing public and private improvements as necessary. 12. Water Meter(s) and Sewer Cleanout(s): Existing and proposed Water Meter(s) and Sewer Cleanout(s) shall be installed on private property behind the public right-of-way line. Conditions of Approval for P~.., 2001-12 (Tentative Subdivision Map) 13. Soils Report: Prior to preparation of the on and off-site improvement plans, the applicant shall provide a Soils Report prepared by a registered geotechnical or civil engineer. 14. Utilities: All new on-site Utilities shall be installed underground per Section 20.36.150 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. 15. Utili _ty Installation Plan: Prior to issuance of building permits for the site, the applicant shall submit a Utility Installation Coordination Plan and Schedule for approval by the City Engineer for installation of street improvements and/or abandonment of all utilities. Streets that have been resurfaced within the previous 5 years will require boring and jacking for all new utility installations. Applicant shall also prepare pavement restoration plans for approval by the City Engineer prior to any utility installation or abandonment. 16. Grading and Drainage Plan: Prior to issuance of any grading or building permits for the site, the applicant shall conduct hydrology studies based on a 10 year storm frequency, prepare an engineered Grading and Drainage Plan, and pay fees required to obtain necessary grading permits. The plans shall comply with the 1998 edition of the California Building Code including Chapters 10, 11, 18, 33, and Appendix Chapter 33. 17. Storm Drain Area Fee: Prior to recordation of the Final Map, the applicant shall pay the required Storm Drain Area fee that is $2,250.00 per acre. 18. Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permitting requirements and the California Storm Water Best Management Practices handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley Water District and the City of Campbell Municipal Code regarding Storm Water Pollution Prevention. 19. Demolition: Prior to recording of the Final Map the applicant shall obtain a Demolition permit to remove any nonconforming structures. Attachment #6 gOOf~6 e!ua°J!leD 'll°qdmeD OnU~AV A~ll~q$ L~Z ,.LNR~dO~RA~Q ~L~V~IDO~flR ~qde~ ~00~ E§:60:91 ~i JeH paH §~p'l-ie-i£OO\xa[dnQ-[~3-oJn3-~£OO\OOO~\dU~\slga[OJd\VlJ\:3 L~ I /,~.JeUJ |00~. £~, :60:9~ P~ Jel,,t pat4 6~4P ~e-~,~OO\xaidnO-lW3-oJn3-~EOO\OOO~\LIU~4\si3otO,Jd\VIJ\ :3 A~J~,LU iO0~ Z§:§~:9~ I~[ J'~N PaM 6,~p'~e-~EOO\Xaldnd-pu3-oJn~-i£OO\OOO~,\OU~\s~aioJd\V~J\ 9 La Fu ^~ldeW iO0~. LE :9i :9I I~i JeN pal~ §~p'~e-~£OO\~,:l~un\xa[dnO-lWO-oanJ-i£OO\OOO~\OUH\s~3aloJd\l,'IJ\ ~] ~lJeW I00~ ~ ¥_I :9I ~I J~H pall 6~p'~-lEOO\~:l~un\xaldnO-lw3-oJn:t-IEOO\OOO;~\dUt~\s:~galOJd\l'IJ\ :3 A~J~W [00~ 90:LZ:9[ VI Je~ PaM 6~P'6~-{EOO\xa[dno-[w3-oJn3-[EOO\OOO~\OUM\s~3a!oJd\~lj\:9 '11~gd~VO ::II'IN::IA V AEr1'I3H~ ,, Attachment #7 '~ 't Attachment #8 CITY OF CAMPBELL, CALIFORNIA California Environmental Quality Act INITIAL STUDY Five (5) unit residential project at 247 Shelley Avenue in Campbell March 2001 Prepared By: Kristi Bascom, Planner I City of Campbell Community Development Department 70 North First Street Campbell CA, 95008 (408) 866-2140 This statement is prepared in compliance with the California Environmental Quality Act Initial Study for 247 Shelley Avenue, Campbell Prepared on March 30, 2001 Page 2 I. BACKGROUND Name of Project: Five (5) unit residential townhouse project Application numbers PLN2001-13 (Tentative Subdivision Map); PLN2001 - 16 (Zone Change); and PLN2001-17 (Planned Development Permit) Lead Agency Name and Address: City of Campbell Community Development Department 70 N. First St. Campbell, CA 95008 Contact person and phone number: Kristi Bascom, Planner I (408) 866-2140 Project Location: 247 Shelley Avenue Campbell, CA 95008 Name and Address of Project Proponent: Andrew Latala, Eurocraft Development, Inc. 1590 Edmundsen Ct. Morgan Hill, CA 94037 Project Zoning: R-M-S (Multiple Family Residential) changing to PD (Planned Development) General Plan Designation: Low-Medium Density Residential (6-13 units per gross acre) Project Description: The project consists of a five (5) unit residential townhouse development on the subject site. The project requires approval of a Zone Change (PLN2001-16) from an R-M-S (Multiple Family Residential) Zoning District to a PD (Planned Development) Zoning District; a Tentative Subdivision Map (PLN2001-13) to create five (5) residential lots and a common lot; and a Planned Development Permit (PLN2001-17) for the construction of the townhouse development. The project site plan consists of three (3) buildings, two buildings with two units each and one building with a single unit at the rear of the subject property. The common lot area will consist of a minimum 20-foot wide driveway access, common landscaped areas, fire track turnaround area, and a utility easement for underground utilities at the public street frontage of the project. Initial Study for 247 Shelley Avenue, Campbell Page 3 Surrounding Land Uses and Setting: The subject property is located on the north side of Shelley Avenue, west of South Bascom Avenue and east of White Oaks Avenue. The site is located within an R-M-S (Multiple-Family Residential) zoning district and is currently developed with a single-family residence and detached garage. All existing structures on the property will be demolished in conjunction with the development of this project. The site has several cedar trees on site, all of which will remain with.the new development. The site is surrounded by single-family residences to the north, townhouses to the west, and commercial uses to the south and east. All properties along Shelley Ave. are zoned either R-M-S (Multiple-Family Residential), PD (Planned Development), or C-PD (Condominium Planned Development) and are all designated Low-Medium Density Residential in the City's General Plan. Other public agencies whose approval is required: None. II. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Biological Resources Hazards & Hazardous Agriculture Resources Cultural Resources Hydrology / Water Air Quality Geology/Soils Land Use / Planning ~ ......................... Materials ii~1 Qual!~_ ..................................................................................................... ] Mineral Resources Noise Population / Housing ~ Public Services Recreation Transportation/Traffic ~ Utilities / Service Systems I ~ Mandatory F~nd~nes of S~emficance III. ENVIRONMENTAL IMPACT EVALUATION Introduction: The following evaluation has been prepared to determine if the project may have a significant impact on the environment. For the purposes of this study, a significant impact shall mean a substantial or potentially substantial change in the physical environment. Evaluations: A "No Impact" rating indicates that based upon the available information, the environmental coordinator has determined that there will be no impact on the environment. A "Less Than Significant Impact" rating indicates that the impact will be insignificant. A "Less Than Significant with Mitigation Incorporation" rating indicates that a specific change to the project (mitigation measures) could reduce the impact to a level of insignificance. A "Potentially Significant Impact" rating indicates that the impact may or will be significant. Initial Study for 247 Shelley Avenue, Campbell Page 4 .P_re_~r.e...d...~.n._~a_r.£h 30__~,.?001 ............................................................................................................................................................................................... Discussion: A description of the proposed mitigation measures and the factual data or evidence used to reach conclusions regarding impact significance follows each section. The impacts of the project are summarized Section IV: Determination and Recommendation. i Potentially Less Than Less Than No i t Significant Significant with Significant Impact [ Impact Mitigation Impact I Incorporation ~ I. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a scenic i X vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare that would adversely affect day or nighttime views in the area? X x ~ No scenic vistas or views open to the public will be impacted by the development of this project. The project has been designed to be architecturally compatible with the surrounding residential neighborhood and is consistent with the design guidelines for Low-Medium Density Residential Developments. Because there will be additional buildings on the site, there will be additional glare created, but it is not expected to be substantial. Potentially Less Than Less Than No Significant Significant with Significant Impact Impact Mitigation Impact Incorporation II. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the ] X Farmland Mapping and Monitoring Program of the California Resources Agency, to non- ! agricultural use? Initial Study for 247 Shelley Avenue, Campbell Page 5 Prepared on March 30, 2001 Potentially Less Than Less Than No Significant Significant with Significant Impact Impact Mitigation Impact ................................................................... ................................................................................................................... b) Conflict with existing zoning for agricultural X use, or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or X nature, could result in conversion of Farmland, to non-agricultural use? The site is a developed urban site that does not contain any valuable agricultural resources. Potentially Less Than Less Than No Significant Significant with Significant Impact Impact Mitigation Impact Incorporation III. AIR QUALITY -- Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the X applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air X quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality X standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial i ~ ~ i X pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? The proposed project is a small residential infill project and will not violate any air quality standards. Standard construction practices will be implemented to ensure that short-term dust and dirt impacts due to construction are minimized. Initial Study for 247 Shelley Avenue, Campbell O_:_.?_O._£ ................................................................... Page 6 Potentially Significant Impact IV. BIOLOGICAL RESOURCES -- Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the Califorma Department ofFish and Game or U.S. Fish and Wildlife Service? Less Than Less Than No Significant with Mitigation Incorporation Significant Impact Impact X b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, X policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited X to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? X d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? The project site is currently developed with a single-family residence, a detached garage, and a pool house. There are no endangered species or habitats of plant life and/or wildlife on or adjacent to this site. The project site has several mature cedar trees that will be preserved as part of the development of the townhouses. Initial Study for 247 Shelley Avenue, Campbell Page 7 ................................................................................................................................................................................................................... Significant Significant with ! Significant Impact i Impact Mitigation I Impact ~ Incorporation V. CULTURAL RESOURCES -- Would the project: a) Cause a substantial adverse change in the i i X i .................. significance of a historical resource? b) Cause a substantial adverse change in the significance of an archaeological resource? c) Directly or indirectly destroy a unique paleontological resource or site or unique ~ i X geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? The project site is currently developed and there are no known archaeological and/or historical sites, structures, objects or buildings on the property. The existing building and the project site are not listed on the City's Historic Resources Inventory List. Potentially Less Than ] Less Than I No Significant Significant with ] SignificantIi Impact Impact Mitigation Impact VI. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic-related ground failure, including liquefaction? iv) Landslides? ] b) Result in substantial soil erosion or the loss of · topsoil? i c) Be located on a geologic unit or soil that is ~ unstable, or that would become unstable as a X Initial Study for 247 Shelley ~lvenue, Campbell Page 8 . ~ ~ e: p. a.r.~ d. o n. M a r.~ l~.fi fl_ ,_?_o. . o_ . ~ ............................................................................................................................................................................................................................................................................................................................ Potentially Significant Impact result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? Less Than Less Than No Significant with Significant Impact Mitigation Impact Incorporation d) Be located on expansive soil, as defmed in Table 18-1-B of the Uniform Building Code X (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water X disposal systems where sewers are not available for the disposal of waste water? No geophysical impacts will occur as a result of this project. The site is not near any known earthquake fault and the project will be required to comply with all State Building Code Standards to reduce the potential for geophysical hazards. Significant Significant with ] Significant Impact I Impact I Mitigation ] Impact ~ t lnc°rp°rati°n ] VII. HAZARDS AND HAZARDOUS MATERIALS -- Would the project: a) Create a significant hazard to the public or the X environment through the routine transport, use, or b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the X release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or X waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a X result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, X within two miles of a p_u.b_l_~!....rp_0__r[..~_r..p_u_blic u_se_ ............................................................................................................................................................................................... Initial Study for 247 Shelley Avenue, Campbell Page 9 Prepared on March 30, 2001 Potentially Less Than Less Than No Significant Significant with Significant Impact · . Impact Mitigation Impact ! ~ Incorporation i airport, would the project result in a safety hazard ~ for people residing or working in the project area? I f) For a project within the vicinity of a private · i airstrip, would the project result in a safety i hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? development will be required to comply with the requirements of the Santa Clara County Fire Department. Potentially Significant Impact State Building Code Standards and Less Than Less Than No Significant with Significant Impact Mitigation Impact Incorporation VIII. HYDROLOGY AND WATER QUALITY -- Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion X X X The site is not listed on the State of California Hazardous Waste and Substances Sites List nor will the use of the site as a residential townhouse development produce any hazardous impacts. The project is not anticipated to create any health or safety hazards. The proposed townhouse Initial Study for 247 Shelley Avenue, Campbell Page 10 Potentially Less Than Less Than No Significant Significant with Significant Impact Impact Mitigation Impact Incorporation or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course ora stream or river, or X substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned X stormwater drainage systems or provide substantial additional sources of polluted runoff?. f) Otherwise substantially degrade water quality? X g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard X Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures which would impede or redirect flood X flows? i) Expose people or structures to a significant risk 1 of loss, injury or death involving flooding, ~ ~ X including flooding as a result of the failure of a ~ ~ levee or dam? I I X j) Inundation by seiche, tsunami, or mudflow? ~ I ~ The project will result in a minor increase in the amount of storm water mn-off from the site due to an increase in the impermeable coverage by the building and pavement. The proposed project with buildings and paved areas will cover approximately 69% of the site. Approximately 31% of the site will remain in landscaped open space areas that will allow for filtration and percolation of mn-off. A grading and drainage plan will be required by the applicant to indicate how drainage will be handled and conditions of approval will also be prepared by the City's Public Works Department and Building Division to address any pertinent issues. Therefore, the project is consistent with the planned use of the site and the potential for flooding is not significant. Initial Study for 247 Shelley Avenue, Campbell Page 11 30,___27_0.! Potentially ~ Less Than Less Than No Significant I [ Significant with Significant Impact · Impact ] Mitigation Impact I ]Incorporation IX. LAND USE AND PLANNING - Would the project: a) Physically divide an established community? X b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local X coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? ~ c) Conflict with any applicable habitat conservation plan or natural community X conservation plan? The proposed project as a five (5) unit townhouse development is consistent with the existing and planned land uses in the area. Minimal additional traffic will be added to the local streets. The project site is surrounded by single-family residences to the north, townhouses to the west, and commercial uses to the south and east. The project site is currently zoned R-M-S (Multiple-Family Residential) and the General Plan land use designation is Low Medium Density Residential (6-13 units per gross acre). The proposed project will require a zone change to a Planned Development (PD) zoning district to allow the subdivision of properties for a townhouse development; however, the proposed project will result in a density of 10.6 units per gross acre, which is still consistent with the City's General Plan. ......................................................................................................................................... Potentially-i ............ [ ................................................................................................ Less Than Less Than ] ........................................................ No Significant ' Significant with [ Significant ! Impact Impact ]Mitigation ]Impact ................................................................................................ ___~[ _..l_n c__o..r?_o_r_a t i o a ! ............................... X. MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the X region and the residents of the state? b) Result in the loss of availability of a locally- important mineral resource recovery site X delineated on a local general plan, specific plan or other land use plan? There are no known mineral resources on this site. Initial Study for 247 Shelley Avenue, Campbell Page 12 ~ Significant Significant with Significant ~ Impact ~ Impact Mitigation Impact ~ ....................................................................................................... ~rporatio~ ........... ~ ~I. ~OISE: -- ~ould ~e project result ~: a) Expos~e ofperso~ to or genera~on of noise levels ~ excess of smn~ es~blished ~ ~e local general pl~ or noise ord~ce, or applicable standards of o~er agencies? b) Expos~e of persons to or generation of excessive ~o~dbo~e vibration or noise levels? c) A subsmtial pemnent ~crease in ambient noise levels in ~e project vic~iW above levels existed ~out the project? d) A subsmfial te~orau or periodic ~crease ~ ambient noise levels in ~e project vic~W above levels e~s~g ~out ~e project? e) For a project located ~ ~ a~o~ l~d use plan or, where such a plan has not been adopted, M~ ~o roles of a public a~o~ or public use j X a~o~, would ~e project expose people resided or world ~ ~e project ~ea m excessive noise 0 For a project ~ ~e vic~ of a private ] airship, would ~e project expose people resid~g ] ] ~ X or worhng ~n ~e project area to excessive noise ~ ~ levels? ~ X The proposed project is a residential development that will be consistent with uses in the surrounding neighborhood and the project is not anticipated to create any additional noise impacts beyond that of normal residential use. Noise associated with construction of the project will be mitigated by the conditions of approval of the project, which will include limitations on days and times construction activities are permitted on site in compliance with the City of Campbell Municipal Code. Potentially Less Than Less Than No Significant Significant with Significant ~ Impact ~ Impact Mitigation Impact I .................................................... [ .................................... Incorporation ................................. !_ ................................... XII. POPULATION AND HOUSING -- Would the project: ................................................................................................................................a) Induce substantial population growth in an ................................................ i'1 ....................................................... area, either directly (for example, by proposing ] X Initial Study for 247 Shelley Avenue, Campbell . p ~ e ?_a r__e_d_ q n, , ...,M_ a_r. q h__3. 0 ~~. 2.0_O1 example, through extension of roads or other infrastructure)? Page 13 Potentially Less Than Significant Significant with Impact Mitigation Incorporation Less Than No Significant Impact Impact b) Displace substantial numbers of existing ' housing, necessitating the construction of X replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement X housing elsewhere? The project is being built in an infill site and is completely surrounded by developed parcels. This project will not have any growth-inducing impacts nor will it necessitate the development of new infrastructure. Potentially Less Than Less Than I No I Significant Significant with Significant i Impact Impact Mitigation Impact Incorporation ...................................................... ] ....................................................... XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or j physically altered governmental facilities, need for new or physically altered governmental facilities, thei construction of which could cause significant environmental impacts, in order to maintain acceptable service i ratios, response times or other performance objectives for any of the public services: Fire protection? j X Police protection? j X ............ Parks? Other public facili.es? The project is being built on a site already adequately served by City Services, including fire and police. This project is not expected to strain any of these resources. ............................................................................................ i Potentially Less Than Less Than No · XlV. RECREATION: Significant Impact j a) Would the project increase the use of existing [...n~e__ig_..h_b. qr_h.p,O,.,d,..._,a~....d__r_e~ipn~a_l~arks or other Significant with Significant Impact Mitigation Impact Incorporation x Initial Study for 247 Shelley Avenue, Campbell Page 14 Potentially Significant . i Impact irecreational facilities such that substantial physical deterioration of the facility would occur , Less Than Less Than No Significant with Significant Impact Mitigation Impact Incorporation or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? The project is being built on a site already adequately served by existing City recreational facilities and will not require the construction of new facilities. Potentially Significant Impact XV. TRANSPORTATION/TRAFFIC -- Would the project: a) Cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial . increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for Less Than Significant with Mitigation Incorporation Less Than No Significant Impact Impact g) Conflict with adopted policies, plans, or programs supporting alternative transportation ..... ........................................................................................................................... f) Result in inadequate parking capacity? e) Result in inadequate emergency access? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a X change in location that results in substantial safety risks? X X Initial Study for 247 Shelley Avenue, Campbell Page 15 _P.r. ?. . .a..r. ..f. d_°~_Mar..~.h. _?. O,__2 °__oJ .................................................................................................................................................................................................. The project is being built on a site already sufficiently served by the City's existing street system. The project provides 20 parking spaces, more than the minimum number required for a project of this size and type. Potentially Less Than Less Than No Significant Significant with Significant Impact Impact Mitigation Impact Incorporation ' i XVI. UTILITIES AND SERVICE SYSTEMS -- Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control X Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction X of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of X existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and X resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? I g) Comply with federal, state, and local statutes and regulations related to solid waste? X The project will not require additional public services than already provided for the existing residential neighborhood. The utilities for this project including water, power, storm drainage and sewer disposal will tie into existing service mains and will not require new or altered service Systems. The project is consistent with the General Plan and will neither conflict with adopted energy conservation plans, nor waste non-renewable resources. Initial Study for 247 Shelley Avenue, Campbell Page 16 Prepared on March 30, 2001 .. ~: Potentially [ Less Than Less Than No i Significant I Significant with Significant Impact i Impact | Mitigation Impact i i lnc°rp°rati°n ~ XVII. MANDATORY FINDINGS OF SIGNIFICANCE: a) Does the project have the potential to degrade [ ~ the quality of the environment, substantially I reduce the habitat of a fish or wildlife species, I cause a fish or wildlife population to drop below i X self-sustaining levels, threaten to eliminate a plant i or animal community, reduce the number or restrict the range of a rare or endangered plant or mimal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future p..rgject.s)? c) Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly? X Initial Study for 247 Shelley Avenue, Campbell Page 17 .~.ej?ar___e.d...o_n___M..q.r_c_..h 3__°v_._2..~°...1~ ................................................................................................................................................................................................................................................................................... IV. DETERMINATION AND RECOMMENDATION On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, X and a NEGtl TIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Si Date IV. SUPPLEMENTAL INFORMATION Reference Documents: 1. CEQA Guidelines, 1999 version 2. Project Plans for 247 Shelley Avenue 3. Campbell General Plan and Campbell Municipal Code Title 21 (Zoning Ordinance) RPR-13-2~)~)l 16'.55 DL=H ~R PROTECTION R~ Phone 0 0 Wells: # active__ # inactive Use '-----'~'--- [] I'1 ,~q)tic Tanks (de~ribe, permit~) , ' ' ' 0 0 Struoture. s (d~oribe)~ Referrels Needed (desoibe under miscellaneous - ~di~ate i~ retemed and to whom) _l-~-__=dous IdatefAals: OYes [-I No VeckxGomm4: []Yes [] No ~,,~e oisp~ea~ 0 ~tAppaca~e Sewered: OYes ONo (If no, d~tm to sewer (miles): ) District Name ,~ilProlteRequired: OYes C:3No Date C, oflq31eted:_ .. Depth (leer) Pera Test: FleClUimd: OYes C]No Date Completed:_ b ,~q:~k; Tallk Req'd (gal.): ~ Requirement (lineal lt.):, plus (Oplus ~oov. exl~a~sio, in Lexir~o. Drainage) Dr~llekl~k3pe: OO-10S, OSO-20S,. O20-30~ O30'g~ O:~30~ (Geotech. Relxxt: O P4xl'd. OAPlxoved] Wider ~dq3ply O I~ Applicable Shared (# cor, nectlo~) ~el Water System (name) ~ _~.-?,y: OWel OSlxir,g DO(her (descr~ebelow) Distance to PubUo Sup~y (maes) .~...--.~ommendatiofl [check ~nlv one1: ! O Add'l. I1~;I on B _~_ kJ ~CompletefAppmamd with following oondNons 0 ml:dete (Ixovide tollowing) 0 D~lpprove for folk)wing reasons ~~l~eTy~Tr~n~s;~r~ation Authority April 9, 2001 City of Campbell Department of Community Development 70 North First Street Campbell, CA 95008 Attention: Ms. Kristri Bascom, Planner I RECEIVED APR 1 1 2001 CiTY OF CAUPBELL PLANNING DEPT. Subject: File No. PLN 2001-12\ Shelley Avenue Dear Ms. Bascom: Santa Clara Valley Transportation Authority (VTA) staff have reviewed the project referenced above for a tentative parcel map proposing a five-lot parcel subdivision, located at 247 Shelley Avenue. We have no comments at this time. We appreciate the opportunity to review this project. If you have any questions, please call Somruthai Michelutti of my staff at (408) 321-5785. ~er;~olseed Senior Environmental Analyst RM:SCM:kh J:kSoinruthai Folder\Development-ReviewLMerao~060-CA-Shelley.doc 3331 North First Street · San Jose, CA 95134-1906 · Administration 408.321.5555 · Customer Service 408.321.2300 SOUTH COAST LAND RZGHT OFFZCE ~'408 282 7118 PAGIFJ¢ GA,~ & ELEGTRlC CQMPANY 111 Almaden ~1. Rm. 814 San Jose. CA 9~115 04/10/01 14:21 ~ :01/02 N0:888 ~OM: Alfred Pooh m4ONE: 408-:282-7401 PG&E FAX: 4.08-282-7118 cc: Y, kR. F, CJ~: dd- .. ~ N: , ~ ~c:,~ --42_ Numl~er of page~ including cover sheet: Message , SOUTH COAST LAND RIGHT OFFICE 282 7118 CITY oF CAMPBELL Community Development Ocpartmem 04/10101 14:21 :02/02 N0:888 April 5, 2001 Referral Agencies Sttbject: PLN2001-12 247 Shelley Avenue, Campbell APN: 414-39-018 Dear Referral Agency: The Community Development Department has received the above refcrenced tentative parcel map for a five-lot parcel subdivision. Please forward any comments to my attention at thc Community Devclopment Depax~nent by April' 13, 2001. If you should have any questions regarding this referral, please do not hesilatc to contact me at (408) 866-2142 Sincerely, Kristi Bascom Planner I T~ntative Parcel Map dist: Santa Clara County Health Depnriment United States Post Office Campbell Union School DisUicl PG&E Pacific Bell San lose Wat~ Comi~ny Cie/of San Jose Planning D~t. We~t Valley Sanitation District Valley Transpomtmn Agency C. ne~ Valley Disport TCI DEVELOPMENT REVIEW COMMENT SHEET Distribution: Completeness: Conditions of Approval: Tentative SARC meeting date: Tentative PC meeting date: Route to: n/a Architectural Advisor ~X Fire Department Police Department Redevelopment Agency 2/7/01 2/20101 2/26/01 3113/01 3/27/01 eX X Land Development Engineer Traffic Engineer Service Center Building Division PROJECT DESCRIPTION: 6-lot subdivision for 5-unit townhouse development File No.: APN: Applicant: Designer: Engineer: Property Owner: Project Address: Zoning: General Plan: Project Planner: PLN2001-12 (Tentative Subdivision Map) PLN2001-16 (Zone Change from R-M-S to PD) P L N 2001-17 ( Planned Development Permit) 414-39-018 Eurocraft Development, Inc. (408) 779-0271 Martin Williams, Williams Residential Design (408) 779-8469 Susan Roberts, Giuliani and Kull, Inc. (408) 615-4000 Andrew Latala and Dan Shaw, Eurocraft Development, Inc. 247 Shelley Ave RMS (Multiple-Family Residential) Low-Medium Density Residential Kristi Bascom x2412 DEPARTMENTAL RECOMMENDATION' If it can be determined that this project will require minimal or no comments by your department/agency, please return this comment sheet with your initials to the Project Planner as soon as possible. Status Comments No Comments Additional information/revisions (see attached) Initial COMMUNICATIONS AND PETITIONS There were no agendized items. CONSENT CALENDAR Mayor Dean asked if any Councilmember or anyone in the audience wished to remove an item from the Consent Calendar. Mayor Dean removed Item //13 - Request for Fee Waiver for Use of Community Center Facilities for Youth Football Fund Raiser. The Consent Calendar was considered as follows: 1. Minutes of Regular Meeting of May 15, 2001 This action approves the Minutes of the Regular Meeting of May 15, 2001. Payment of Bills and Claims This action approves the list of Bills and Claims for payment covering the period of May 4, 2001 through May 25, 2001, in the amount of $1,346,849.08. Ordinance 2004 Approving a Zone Change (PLN2001-39) from R-l-6 (Single Family Residential) to PD (Planned Development) for property located at 975 W. Campbell Avenue and 10-30 Victor Avenue (Second Readlng/Roll Call Vote) Second reading of Ordinance 2004 approves a Zone Change (PLN2001-39) from R-l-6 (Single Family Residential) to PD (Planned Development) for property located at 975 W. Campbell Avenue and 10-30 Victor Avenue. Ordinance 2005 Approving a Zone Change (PLN2001-16) from R-M-S (Multiple Family Residential) to PD (Planned Development) for property located at 247 Shelley Avenue (Second Reading/Roll Call Vote) Second reading of Ordinance 2005 approves a Zone Change (PLN2001-16) from R-M- S (Multiple Family Residential) to PD (Planned Development) for property located at 247 Shelley Avenue. Ordinance 2006 Approving Six-month Extension of Non-Exclusive Franchise with Heritage Cablevision of California, dba AT&T Broadband (Second Reading/Roll Call Vote) Second reading of Ordinance 2006 approves a six-month extension of non-exclusive franchise with Heritage Cablevision of California, dba AT&T Broadband. Minutes of 6/5/2001 City Council Meeting 2 13. Application of Eurocraft Development for approval of a Zone Change (PLN2001- 16) from R-M-S (Multiple Family Residential) to PD (Planned Development); Tentative Subdivision Map (PLN2001-12) to create 'six lots and a Planned Development Permit (PLN2001-17) to allow the construction of a five unit townhome development on property located at 247 Shelley Avenue in an R-M-S (Multiple Family Residential) Zoning District (Introduction of Ordinance/Resolutions(2)/Roll Call Vote) This is the time and place for a public hearing to consider the Application of Eurocraft Development for approval of a Zone Change (PLN2001-16) from R-M-S (Multiple Family Residential) to PD (Planned Development); Tentative Subdivision Map (PLN2001-12) to create six lots and a Planned Development Permit (PLN2001-17) to allow the construction of a five unit townhome development on property located at 247 Shelley Avenue in an R-M-S (Multiple Family Residential) Zoning District. Planner I Bascom - Staff Report dated May 15, 2001. Mayor Dean declared the public hearing open and asked if anyone in the audience wished to be heard. There being no one wishing to speak, Mayor Dean closed the public hearing. M/S: Watson/Kennedy - that the City Council grant a Negative Declaration for the project; introduce Ordinance 2005 approving a Zone Change (PLN2001-16) from R-M-S (Multiple Family Residential) to PD (planned Development) for first reading; adopt Resolution 9859 approving a Planned Development Permit (PLN2001-17) to allow the construction of five new townhomes on property located at 247 Shelley Avenue in a PD (planned Development) Zoning District incorporating findings and subject to Conditions of Approval; and adopt Resolution 9860 approving a Tentative Subdivision Map (PLN2001-12) to allow the creation of six lots on property located at 247 Shelley Avenue in a PD (planned Development) Zoning District incorporating f'mdings and subject to Conditions of Approval. Motion adopted by the following roll call vote: AYES: Councilmembers: Furtado, Kennedy, Burr, Watson, Dean NOES: Councilmembers: None The City Clerk read the title of Ordinance No. 2005. M/S: Burr/Watson - that further reading of Ordinance No. 2005 be waived. Motion adopted unanimously. Minutes of 5/15/2001 City Council Meeting 6 Council Report ITEM NO: CATEGORY: MEETING DATE: Public Hearing May 15, 2001 TITLE Application of Mr. Andrew Latala, on behalf of Eurocraft Development, for approval of a Zone Change (PLN2001-16) from an R-M-S (Multiple Family Residential) to P-D (Planned Development) zoning district, approval of a Planned Development Permit (PLN2001-17) to allow the construction of five townhomes and approval of a Tentative Subdivision Map (PLN2001-12) to allow the creation of six lots on property located at 247 Shelley Avenue. CITY COUNCIL ACTION The Planning Commission recommends that the City Council take the following: 1. Grant a Negative Declaration for the proposed project; and 2. Take first reading of the attached ordinance approving a Zone Change (PLN2001-16) fi.om R-M-S (Multiple Family Residential) to P-D (Planned Development); and 3. Adopt a Resolution upholding the Planning Commission's recommended approval of a Planned Development Permit (PLN2001-17) to allow the construction of five (5) townhouse units, incorporating the attached findings and subject to the attached Conditions of Approval; and 4. Adopt a Resolution upholding the Planning Commission's recommended approval of the Tentative Subdivision Map (PLN2001-12), incorporating the attached findings and subject to the attached conditions of approval. ENVIRONMENTAL DETERMINATION The City prepared an Initial Study for this project and it was determined that no significant impacts would be created as a result of the project. Based upon the information provided in the Initial Study, the Planning Commission recommends that the City Council grant a Negative Declaration for this project. BACKGROUND The applicant is requesting approval of a Zone Change (PLN2001-16) fi.om an R-M-S (Multiple Family Residential) to a P-D (Planned Development) zoning district, a Planned Development Permit (PLN2001-17), and a Tentative Subdivision Map (PLN2001-12) to allow the construction of a five (5) unit townhouse development on property located at 247 Shelley Avenue. The subject property is located on the north side of Shelley Avenue, one parcel west of Bascom Avenue on the border of Campbell and San Jose. The project site is currently developed with a single-family residence, pool, pool house, and a detached garage. These structures will be removed for the construction of the townhouse units. City Council Resolution PLN2001-12 - 247 Shelley Avenue - Tentative Subdivision Map The Planning Commission, at its meeting of April 24, 2001, forwarded a recommendation to the City Council by a 7-0 vote to approve the proposed project with the attached conditions of approval. ANALYSIS General Plan Designation: The General Plan land use designation for the project site is Low- Medium Density Residential (6-13 units per gross acre). The proposed project will be developed at a density of 10.82 units per gross acre, which is within the density range allowed for the site. Therefore, the proposed project is consistent with the General Plan. Zone Change: The zoning designation for the project site is R-M-S (Multiple Family Residential). Under this zoning designation, a maximum of six (6) units could be constructed on the project site, if all other development standards (i.e. open space, parking, etc.) could be met. The applicant is requesting approval of a Zone Change from an R-M-S to a P-D (Planned Development) zoning district to allow for the development of townhouse units, each to be constructed on individual lots. The zone change does not affect the maximum density range allowance for the property, but does allow for the separate ownership of units as opposed to the development of multiple units on a single lot (i.e. rental apartments). Tentative Subdivision Map: The project will require approval of a Tentative Subdivision Map to allow the creation of five (5) residential lots plus a common lot for the driveway access, fire track tumaround, and a ten-foot public utility easement along the public right-of-way adjacent to Lot 1. Planned Development Permit: The Planned Development Permit will allow for the construction of a five (5) unit townhouse development, incorporating the site plan and elevations as part of the P-D Permit approval. The site plan shows the construction of five (5) attached townhouse units within three buildings that are accessed by a 20-foot wide common interior driveway along the east property line. Two of the buildings consist of two (2) units each and are oriented along the west side of the subject site. The rear building contains one unit. The southern-most unit has direct frontage onto Shelley Avenue that presents an attractive street presence. The front unit has a front yard setback of approximately 20 feet from the back of sidewalk. The project provides a total of 20 off-street parking spaces. Each unit has a two-car garage and two parking spaces in the driveway apron. The project exceeds the City's parking requirement to provide 3.5 parking spaces per unit by providing four per unit. One of the Conditions of Approval requires that the applicant submit the draft CC&Rs for the project to be reviewed and approved by the Community Development Director, City Engineer and City Attorney which will satisfy the City's need to ensure the proper maintenance and upkeep of the development. Each of the units has a private rear yard area that ranges in depth between 10-15 feet. In addition, landscaped areas are provided between the garage aprons of each unit, along the eastern property line, and in between the entrances to each unit. City Council Resolution PLN2001-12 - 247 Shelley Avenue - Tentative Subdivision Map The project site currently has several mature trees and the applicant has indicated on the site plan that all of the trees will be preserved with the new development. The trees include seven mature cedar trees and one mature redwood. These trees will provide screening and buffering between the adjacent townhouse complex to the west. ALTERNATIVES 1. Approve the proposed project subject to additional and/or modified Conditions of Approval. 2. Deny the proposed project. 3. Continue for further review. FISCAL IMPACTS None. Attachments: 1. Draft City Council Zone Change - Ordinance 2. Draft City Council Planned Development Permit - Resolution 3. Draft City Council Tentative Subdivision Map - Resolution 4. Planning Commission Resolutions and Minutes 5. Planning Commission Report 6. Reduced Exhibits 7. Location Map Prepared by: Reviewed by: Kristi Bascom, Planner I Sharon Fierro, Community Development Director Approved by: Bernard M. Strojny, City Manager Attachment 1 ORDINANCE NO. BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AMENDING THE ZONING MAP FOR PROPERTY LOCATED AT 247 SHELLEY AVENUE AS SHOWN ON THE ATTACHED EXHIBIT A. APPLICATION OF MR. ANDREW LATALA, ON BEHALF OF EUROCRAFT DEVELOPMENT. FILE NO. PLN2001-16 (ZC). The City Council of the City of Campbell does ordain as follows: SECTION ONE: That the Zoning Map of the City of Campbell is hereby changed and amended by adopting the attached Exhibit A, entitled Map of Said Property, as per the application of Mr. Andrew Latala, on behalf of Eurocraft Development, for approval of a Zone Change for property located at 247 Shelley Avenue, from R-M-S (Multiple Family Residential) to P-D (Planned Development). SECTION TWO: This ordinance shall become effective thirty (30) days following its passage and adoption shall be published once within fifteen (15) days upon passage and adoption in the Campbell Express, a newspaper of general circulation in the City of Campbell, County of Santa Clara, State of California. PASSED AND ADOPTED this __ vote: day of ,2001, by the following role call AYES: COLYNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: AB STAIN: COUNCILMEMBERS: APPROVED: Matthew T. Dean, Mayor ATTEST: Anne Bybee, City Clerk REDDI~G Project Location SHELLEY I / Exhibit A .? 5-unit townhouse project 247 Shelley Ave PLN2001-12, 16, 17 Legend Scale 1": 500' City Limits ---- Parcel Lines Attachment #2 RESOLUTION NO. BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING OF A PLANNED DEVELOPMENT PERMIT (PLN2001-17) TO ALLOW THE CONSTRUCTION OF FIVE NEW TOWN HOMES ON PROPERTY LOCATED AT :147 SHELLEY AVENUE IN A PD (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF EUROCRAFT DEVELOPMENT. FILE NO. PLN2001-17. After notification and public hearing, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the City Council did find as follows with respect to application PLN2001-17: 1. The proposed Planned Development Permit is consistent with the General Plan designation for the site. 2. The proposed density of 10.82 units per gross acre is no greater than the density allowance of 6-13 units per gross acre permitted in the R-M-S (Multiple-Family Residential) Zoning District. 3. The proposed massing and design is consistent with other developments in the surrounding area and is consistent with the development standards for residential uses. 4. The provision of CC&Rs requiring the formation of a homeowner's association is necessary to ensure the long term property maintenance and continued architectural integrity of the project. 5. An initial study was prepared for this project and no significant environmental impacts were found. Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. The proposed development and uses clearly will result in a more desirable environment and use of the land than would be possible under any other zoning classification. 2. The development and uses will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 3. The proposed development will not result in allowing more residential units than would be allowed by other residential zoning districts which are consistent with the general plan designation of the property; and 4. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 5. No substantial evidence has been presented which shows that the project, as currently presented, and subject to the required conditions of approval, will have a significant adverse impact on the environment. City Council Resolution PLN2001-17 - 247 Shelley Avenue - Planned Development Permit (5 Town Homes) Page 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 ordinance of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified: COMMUNITY DEVELOPMENT DEPARTMENT Planning Division: 1. Approved Proiect: Approval is granted to construct a 5-unit townhouse project consisting of three (3) two-story buildings. The building designs and site design shall substantially conform to the project exhibits listed below, except as may be modified by the Conditions of Approval herein: a. Set of plans received by Williams Residential Design on March 15, 2001, including building elevations, site plan, and a conceptual landscape plan, with the minor modification to center the entry doors to each unit on the porch. b. Color and material boards submitted by Williams Residential Design on March 15, 2001. c. Tentative Subdivision Map prepared by engineers Guiliani and Kull, Inc. received on April 5, 2001. 2. Landscaping: a. The applicant shall retain the seven (7) mature cedar trees and one (1) mature redwood tree on site as specified on the site plan/conceptual landscape plan. b. A tree protection plan shall be submitted prior to issuance of a building permit in accordance with the City's Water Efficient Landscape Standards (WELS) for any trees to be retained on site. 3. Parking and Driveways: a. All parking and driveway areas shall be developed in compliance with Chapter 21.50 of the Campbell Municipal Code. b. The applicant shall provide decorative pavement within the driveway and in front of the garages where uncovered parking spaces are provided in the development. The design and materials to be used for the decorative pavement shall be reviewed and approved by the Community Development Director prior to issuance of building permits for the project. 4. Covenants, Codes and Restrictions (CC&Rs): The applicant shall be required to submit for review and approval by the City Attorney and Community Development Director a copy of the CC&Rs which shall include the following: City Council Resolution PLN2001-17 - 247 Shelley Avenue - Planned Development Permit (5 Town Homes) Page 3 o a. Formation of a homeowner's association to ensure the long-term maintenance of buildings and properties. b. Continued architectural controls to ensure the architectural integrity of the project. c. Definition of common areas to be maintained and provision of maintenance for these areas, including the driveway and grass cell fire truck turnaround area. d. Provision of a funding mechanism to ensure maintenance and upkeep of common areas and shared building walls and roofs to be repaired, repainted, and/or replaced as necessary e. Provision for the availability of interior garage space for the parking of two (2) vehicles at all times. f. Provision to prohibit use of uncovered parking spaces for outdoor storage purposes. Park Impact Fee: A park impact fee of $7,035 per unit is due upon development of the townhouse project. Credit in the amount of $10,990 will be given for the existing single- family residence. Prior to recordation of the final subdivision map, 75% of this fee is due. The remaining 25% is due prior to issuance of a certificate of building occupancy. Fences: Any newly proposed fencing shall comply with Section 21.59.090 of the Campbell Municipal Code and shall substantially comply with the fence detail dated February 5, 2001 provided by Williams Residential Design. Property Maintenance: The property is to be maintained free of any combustible trash, debris and weeds until the time that actual construction commences. All existing structures shall be secured by having windows boarded up and doors sealed shut, or be demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). Utility Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to installation of PG&E utility (transformer) boxes and San Jose Water Company back-flow preventers, indicating the location of the boxes and screening (if the boxes are above ground) for approval by the Planning Division. On-site lighting: On-site lighting shall be shielded away from adjacent properties and directed on site. The design and type of lighting fixtures and lighting intensity of any proposed exterior lighting for the project shall be reviewed and approved by the Community Development Director prior to installation of the lighting. Lighting fixtures shall be of a decorative design to be compatible with the residential development and shall incorporate energy saving features. Building Division: 10. Permits Required: A building permit application shall be required for each proposed new structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 11. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. City Council Resolution PLN2001-17 - 247 Shelley Avenue - Planned Development Permit (5 Town Homes) Page 4 12. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 13. Soils Report: Two copies of a current soils report, prepared to the satisfaction of the Building Official, containing foundation and retaining wall design recommendations shall be submitted with the building permit application. This report shall be prepared by a licensed engineer specializing in soils mechanics. 14. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. Site plan shall also include site drainage details. 15. 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 pad 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 16. Title 24 Energy Compliance: California Title 24 Energy Compliance forms CF-1R and MF-1R shall be blue-lined on the construction plans. 8½ X 11 calculations shall also be submitted. 17. 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. 18. Water Pollution Control: The City of Campbell, 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. 19. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. West Valley Sanitation District (378-2407) b. Santa Clara County Fire Department (378-4010) c. School District: (Note: To Determine your district, contact the offices identified above. Obtain the School District payment form from the City Building Division, after the Division has approved the building permit application.) i. Campbell Union School District (378-3405) ii. Campbell Union High School District (371-0960) iii. Moreland School District (379-1370) iv. Cambrian School District (377-2103) d. Bay Area Air Quality Management District (Demolitions Only) City Council Resolution PLN2001-17 - 247 Shelley Avenue - Planned Development Permit (5 Town Homes) Page 5 FIRE DEPARTMENT: 20. Required Fire Flow: The required fire flow for this project has been calculated at 1,000 GPM at 20 psi residual pressure. The required fire flow is available from area water mains and fire hydrant(s), which are located at the required spacing. 21. Required Access to Water Supply (Hydrants): Portions of the structure(s) are greater than 150 feet of travel distance from the centerline of the roadway containing fire hydrants. Provide an onsite fire hydrant or install an approved fire sprinkler system throughout all portions of the building: 22. Public fire hydrant required: Provide one public fire hydrant at a location to be determined by the Fire Department and San Jose Water Company. Hydrant shall have a minimum single flow of 1,000 GPM at 20 psi residual, with spacing not to exceed 500 feet. Prior to applying for building permits, provide civil drawings reflecting all fire hydrants serving the site. To prevent building permit delays, the developer shall promptly pay all required fees to the San Jose Water Company. 23. Timing of Required Water Supply Installations: Installations of required fire services and fire hydrants shall be tested and accepted by the Fire Department prior to the start of framing or the delivery of bulk combustible materials. Building permit issuance may be withheld until required installations are completed, tested, and accepted. 24. Fire Access Road Required: Provide access roadways with a paved all-weather surface, a minimum unobstructed width of 20 feet, vertical clearance of 13 feet, 6 inches, minimum circulating turning radius of 36 feet outside and 23 feet inside, and a maximum slope of 15%. 25. Fire Truck Tumaround Required: Provide an approved fire department engine roadway turnaround with a minimum radius of 36 feet outside and 23 feet inside. 26. Fire Lane Marking Required: Provide marking for all access roadways within the project. Markings shall be per Fire Department Standard Details and Specification A-6, and also conform to Local Government Standards. 27. Timing of Required Roadway Installations: Required access roads, up through first lift of asphalt, shall be installed and accepted by the Fire Department prior to the start of construction. Bulk combustible materials shall not be delivered to the site until installation is complete. During construction, emergency access roads shall be maintained clear and unimpeded. Note that building permit issuance may be withheld until installations are completed. PUBLIC WORKS DEPARTMENT 28. Final Map: Prior to issuance of any grading or building permits for the project, the applicant shall submit a Final Map for review by the City and recordation, upon approval by the City Council. The current plan check fee is $1,510.00 plus $25 per lot. 29. Preliminary Title Report: Prior to recordation of the Tract Map, the applicant shall provide a current Preliminary Title Report. City Council Resolution PLN2001-17 - 247 Shelley Avenue - Planned Development Permit (5 Town Homes) Page 6 30. Right-of-Way for Public Street Purposes: Upon recordation of the Final Map, the applicant shall cause additional Right-of-Way to be granted for public street purposes along the Shelley Avenue frontage to accommodate a 30-foot half street (maximum), as determined by the City Engineer. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 31. Public Service Easement: Upon recordation of the Final Map, the applicant shall grant a 10 - foot public service easement on private property contiguous with the public right-of-way along the Shelley Avenue frontage. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 32. Easements: Upon recordation of the Final Map, the applicant shall cause Easements to be recorded for private utilities, private storm drains, reciprocal ingress and egress, etc. 33. Monumentation for Final Map: Prior to recordation of the Final Map, the applicant shall provide security guaranteeing the cost of setting all. Monuments shown on the map, as determined by the City Engineer. 34. Street Improvements: Prior to recordation of the Final Map, the applicant shall execute a street improvement agreement and shall cause plans for public Street Improvements to be prepared by a registered civil engineer, pay fees, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City Engineer. The fee for a non-utility encroachment permit is $245.00. The plans shall include the following: a. Removal of existing driveway approach, curb, gutter, and sidewalk. b. Construction of new curb/gutter and detached sidewalk. c. Installation of surface treatment or reconstruction of one-half street pavement section as determined by City Engineer based on field-testing of existing pavement. d. Construction of new street trees and irrigation at 40 feet on center. e. Construction of new ADA compliant driveway approach. f. Installation of signs and stripes, as necessary. g. Relocation and protection of utilities as necessary. h. Construction of conforms to existing public and private improvements as necessary. 35. Water Meter(s) and Sewer Cleanout(s): Existing and proposed Water Meter(s) and Sewer Cleanout(s) shall be installed on private property behind the public right-of-way line. 36. Soils Report: Prior to preparation of the on and off-site improvement plans; the applicant shall provide a Soils Report prepared by a registered geotechnical or civil engineer. 37. Utilities: All new on-site Utilities shall be installed underground per Section 20.36.150 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. City Council Resolution PLN2001-17 - 247 Shelley Avenue - Planned Development Permit (5 Town Homes) Page 7 38.1 ltility ln~tallatlnn Plan' Prior to issuance of building permits for the site, the applicant shall submit a Utility Installation Coordination Plan and Schedule for approval by the City Engineer for installation of street improvements and/or abandonment of all utilities. Streets, which have been resurfaced within the previous 5 years, will require boring and jacking for all new utility installations. Applicant shall also prepare pavement restoration plans for approval by the City Engineer prior to any utility installation or abandonment. 39. Grading and Drainage Plan' Prior to issuance of any grading or building permits for the site, the applicant shall conduct hydrology studies based on a 10 year storm frequency, prepare an engineered Grading and Drainage Plan, and pay fees required to obtain necessary grading permits. The plans shall comply with the 1998 edition of the California Building Code including Chapters 10, 11, 18, 33, and Appendix Chapter 33. 40.8tnrm Drain Area [re. er Prior to recordation of the Final Map, the applicant shall pay the required Storm Drain Area fee, which is $2,250.00 per acre. 41. Stnrm W~ter Pc~llntirm Preventlrm 1M~a~nre~? Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permitting requirements and the California Storm Water Best Management Practices handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley Water District and the City of Campbell Municipal Code regarding Storm Water Pollution Prevention. 42. Dernnlltinn' Prior to recording of the Final Map the applicant shall obtain a Demolition permit to remove any nonconforming structures. PASSED AND ADOPTED this __ day of ,2001, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: APPROVED: Matthew T. Dean Mayor ATTEST: Anne Bybee, City Clerk Attachment #3 RESOLUTION NO. BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A TENTATIVE SUBDIVISION MAP (PLN2001-12) TO ALLOW THE CREATION OF SIX LOTS ON PROPERTY LOCATED AT 247 SItELLEY AVENUE IN A PD (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF EUROCRAFT DEVELOPMENT. FILE NO. PLN2001-12. After notification and public hearing, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the City Council did find as follows with respect to application PLN2001-12: 1. The proposed creation of six lots is consistent with the General Plan. 2. The proposed density of 10.82 units per gross acre is no greater than would be allowed by the R-M-S (Multiple-Family Residential) Zoning District. 3. The provisions of the CC&Rs are necessary to ensure the long-term property maintenance and continued architectural integrity of the project. 4. An initial study was prepared for this project and no significant environmental impacts were found. Based upon the foregoing findings of fact, the City Council further finds and concludes that: I. The proposed subdivision is consistent with the General Plan. 2. The proposed subdivision does not impair the balance between the housing needs of the region and the public service needs of its residents and available fiscal and environmental resources. 3. The design of the subdivision provides, to the extent feasible, for future passive or natural heating and cooling opportunities. 4. No substantial evidence has been presented which shows that the project as currently presented, and subject to the attached conditions, will have a significant effect upon the environment. 5. The development and uses would be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. City Council Resolution PLN2001-12 - 247 Shelley Avenue - Tentative Subdivision Map (6 lots) Page 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 ordinance of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified: COMMUNITY DEVELOPMENT DEPARTMENT 1. Approved Project: Approval is granted to create five (5) residential lots and a common lot for a five-unit townhouse development. The site design shall substantially conform to the Tentative Subdivision Map prepared by engineers Guiliani and Kull, Inc. received on April 5, 2001. 2. Covenants, Codes and Restrictions (CC&Rs): The applicant shall be required to submit for review and approval by the City Attorney and Community Development Director a copy of the CC&Rs which shall include the following: a. Formation of a homeowner's association to ensure the long-term maintenance of buildings and properties. b. Continued architectural controls to ensure the architectural integrity of the project. c. Definition of common areas to be maintained and provision of maintenance for these areas, including the driveway and grass cell fire truck turnaround area. d. Provision of a funding mechanism to ensure maintenance and upkeep of common areas and shared building walls and roofs to be repaired, repainted, and/or replaced as necessary e. Provision for the availability of interior garage space for the parking of two (2) vehicles at all times. f. Provision to prohibit use of uncovered parking spaces for outdoor storage purposes. 3. Park Impact Fee: A park impact fee of $7,035 per unit is due upon development of the townhouse project. Credit in the amount of $10,990 will be given for the existing single- family residence. Prior to recordation of the final subdivision map, 75% of this fee is due. The remaining 25% is due prior to issuance of a certificate of building occupancy. 4. Property Maintenance: The property is to be maintained free of any combustible trash, debris and weeds until the time that actual construction commences. All existing structures shall be secured by having windows boarded up and doors sealed shut, or be demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). PUBLIC WORKS DEPARTMENT 5. Final Map: Prior to issuance of any grading or building permits for the project, the applicant shall submit a Final Map for review by the City and recordation, upon approval by the City Council. The current plan check fee is $1,510.00 plus $25 per lot. City Council Resolution PLN2001-12 - 247 Shelley Avenue - Tentative Subdivision Map (6 lots) Page 3 6. Preliminary Title Report: Prior to recordation of the Tract Map, the applicant shall provide a current Preliminary Title Report. 7. Right-of-Way for Public Street Purposes: Upon recordation of the Final Map, the applicant shall cause additional Right-of-Way to be granted for Public Street Purposes along the Shelley Avenue frontage to accommodate a 30-foot half street (maximum), as determined by the City Engineer. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 8. Public Service Easement: Upon recordation of the Final Map, the applicant shall grant a 10- foot Public Service Easement on private property contiguous with the public right-of-way along the Shelley Avenue frontage. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 9. Easements: Upon recordation of the Final Map, the applicant shall cause Easements to be recorded for private utilities, private storm drains, reciprocal ingress and egress, etc. 10. Monumentation for Final Map: Prior to recordation of the Final Map, the applicant shall provide security guaranteeing the cost of setting all Monuments shown on the map, as determined by the City Engineer. 11. Street Improvements: Prior to recordation of the Final Map, the applicant shall execute a street improvement agreement and shall cause plans for public Street Improvements to be prepared by a registered civil engineer, pay fees, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City Engineer. The fee for a non-utility encroachment permit is $245.00. The plans shall include the following: a. Removal of existing driveway approach, curb, gutter, and sidewalk. b. Construction of new curb/gutter and detached sidewalk. c. Installation of surface treatment or reconstruction of one-half street pavement section as determined by City Engineer based on field-testing of existing pavement. d. Construction of new street trees and irrigation at 40 feet on center. e. Construction of new ADA compliant driveway approach. f. Installation of signs and stripes, as necessary. g. Relocation and protection of utilities as necessary. h. Construction of conforms to existing public and private improvements as necessary. 12. Water Meter(s) and Sewer Cleanout(s): Existing and proposed Water Meter(s) and Sewer Cleanout(s) shall be installed on private property behind the public right-of-way line. 13. Soils Report: Prior to preparation of the on and off-site improvement plans; the applicant shall provide a Soils Report prepared by a registered geotechnical or civil engineer. 14. Utilities: All new on-site Utilities shall be installed underground per Section 20.36.150 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. City Council Resolution PLN2001-12 - 247 Shelley Avenue - Tentative Subdivision Map (6 lots) Pal~e 4 15.1 ltillty lnetallaticm Plan' Prior to issuance of building permits for the site, the applicant shall submit a Utility Installation Coordination Plan and Schedule for approval by the City Engineer for installation of street improvements and/or abandonment of all utilities. Streets that have been resurfaced within the previous 5 years will require boring and jacking for all new utility installations. Applicant shall also prepare pavement restoration plans for approval by the City Engineer prior to any utility installation or abandonment. 16. Grading and Drainage Plan' Prior to issuance of any grading or building permits for the site, the applicant shall conduct hydrology studies based on a 10 year storm frequency, prepare an engineered Grading and Drainage Plan, and pay fees required to obtain necessary grading permits. The plans shall comply with the 1998 edition of the California Building Code including Chapters 10, 11, 18, 33, and Appendix Chapter 33. 17. ~qtnrm Drain Area Fee, Prior to recordation of the Final Map, the applicant shall pay the required Storm Drain Area fee that is $2,250.00 per acre. 18. Stnrm Water Polhlti~n Preventlrm 1M~a~nre~' Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permitting requirements and the California Storm Water Best Management Practices handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley Water District and the City of Campbell Municipal Code regarding Storm Water Pollution Prevention. 19. Demnliticm' Prior to recording of the Final Map the applicant shall obtain a Demolition permit to remove any nonconforming structures. PASSED AND ADOPTED this day of AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: ,2001, by the following roll call vote: APPROVED: Matthew T. Dean, Mayor ATTEST: Anne Bybee, City Clerk Planning Commission Minutes of April 24, 2001 Attachment #4 Commissioner Doorley asked why not just construct a traditional carport. Mr. Dale Krahn replied that the garport allows a door to help screen the items stored as recommended by staff. Chair Lindstrom closed the Public Hearing for Agenda Item No. 4. Motion: Upon motion of Commissioner Francois, seconded by Commissioner Lowe, the Planning Commission took the following actions: 1. Recommended that Council adopt a Negative Declaration; and 2. Adopted Resolution No. 3341 recommending approval of a Zone Change from R-l-6 (Single Family Residential) to PD (Planned Development); and 3. Adopted Resolution No. 3342 recommending approval of a Planned Development Permit to allow the construction of four new single-family residences and a Tree Removal Permit to allow the removal of three trees. On properties located at 975 W. Campbell and 10-30 Victor Avenue, by the following roll call vote: AYES: Doorley, Francois, Gibbons, Hernandez, Jones, Lindstrom and Lowe NOES: None ABSENT: None ABSTAIN: None Chairperson Lindstrom advised that this item will be considered by Council at its meeting of May 15, 2001, for final approval. Chairperson Lindstrom read Agenda Item No. 5 into the record. o PLN2001-12 (TS) PLN2001-16 (ZC) PLN2001-17 (PO) Eurocrafl Development Public Hearing to consider the application of Eurocrafi Development for approval of a Zone Change (PLN2001-16) from R-M-S (Multiple Family Residential) to PD (Planned Development); Tentative Subdivision Map (PLN2001-12) to create six lots and a Planned Development Permit (PLN2001-17) to allow the construction of a five unit town home development on property located at 247 Shelley Avenue in a R-M-S (Multiple Family Residential) Zoning District. A Negative Declaration has been prepared for this project. Tentative City Council Meeting Date: May 15, 2001. Planning Commission Minutes of April 24, 2001 Page 14 Ms. Kristi Bascom, Planner I, presented the staff report as follows: · Advised that this project consists of five town home units on property located on the north side of Shelley Avenue, one parcel west of Bascom Avenue. · The proposal includes a Zone Change from R-M-S (Multiple Family Residential) to PD (Planned Development); a Planned Development Permit to allow the construction of five town home units and a Tentative Subdivision Map to allow the creation of five town home lots and one common lot). · This project is being developed at 11 units per gross acre, which is lower than the allowable 13 units per gross acre under the General Plan density. · The project will have two attached two-unit building and one single unit building. · Architectural features include stucco, hip roof, bay windows and porches, divided lights and arch features. · The project is consistent with design guidelines. · Trees will be preserved, including seven cedars. Standard street improvements will be installed. · Upon review, the project has no impacts per CEQA and staff is recommending a Negative Declaration, adoption of a Resolution supporting the Zone Change, adoption of a Resolution supporting the Planned Development Permit and adoption of a Resolution supporting the Tentative Subdivision Map. Commissioner Lowe presented the Site and Architectural Review Committee report as follows: · Advised that SARC reviewed the project on April l0th and was supportive. Chair Lindstrom pointed out the letter from Peppertree Properties opposing this application. Chair Lindstrom opened the Public Hearing for Agenda Item No. 5. Mr. Richard Awl, 235 Shelley Avenue: · Advised that he resides adjacent to the project site. · Expressed his support and enthusiasm for this project and asked that the Commission approve this application. Commissioner Lowe asked the applicant to address the front door placement for one of the units. Mr. Marry Williams, Project Designer: · Stated that this particular door was placed off-center for no apparent reason other than to have additional lighting through a side panel window adjacent to the door. Mr. Geoff I. Bradley said that this feature could be adjusted at staff level. Chair Lindstrom closed the Public Hearing for Agenda Item No. 5. Motion: Upon motion of Commissioner Lowe, seconded by Commissioner Francois, the Planning Commission took the following actions: Planning Commission Minutes of April 24, 2001 Page 15 1. Recommended that Council adopt a Negative Declaration; and 2. Adopted Resolution No. 3343 recommending approval of a Zone Change (PLN2001-16) from R-M-S (Multiple Family Residential) to PD (Planned Development); and 3. Adopted Resolution No. 3344 recommending approval of a Planned Development Permit (PLN2001-1?) to allow the construction of five town home units; and 4. Adopted Resolution No. 3345 recommending approval of a Tentative Subdivision Map (PLN2001-12) to create six lots, On property located at 247 Shelley Avenue, by the following roll call vote: AYES: Doorley, Francois, Gibbons, Hernandez, Jones, Lindstrom and Lowe NOES: None ABSENT: None ABSTAIN: None Chairperson Lindstrom advised that this item will be considered by Council at its meeting of May 15, 2001, for final approval. Chairperson Lindstrom read Agenda Item No. 6 into the record. 6. PLN2000-1$2 Schlaefer, P. Public Hearing to conduct a 120-day review of a previously- approved Modification to a Conditional Use Permit (PLN2000- 152) relative to an extension of the allowable hours for on sale beer and wine sales to 2 a.m. in conjunction with an existing billiard establishment (Champions Pool & Games) on property located at 2097 S. Bascom Avenue in a C-2-S General Commercial) Zoning District. This Project is Categorically Exempt. Planning Commission decision final in 10 days, unless appealed in writing to the City Clerk. Ms. Kristi Bascom, Planner I, presented the staff report as follows: · Clarified that while the description states that the applicant is seeking extension of liquor sales to 2 a.m., that request has been modified to 1:30 a.m., Sunday through Thursday. · Added that this establishment received a Use Permit approval for on-sale liquor sales to midnight Sundays through Thursdays and to 1:30 a.m. on Fridays and Saturdays with a Condition that this approval be reviewed following 120 days of operation with the expanded hours. · During the past 120 days, the City has received a number of disturbance calls from neighbors. · Staff has outlined four potential altematives in the staff report ranging from approving the expanded hours to reducing the approved hours. Commissioner Doorley asked if staff has a specific recommendation. RESOLUTION NO. 3343 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A ZONE CHANGE (PLN2001-16) FROM R-M-S (MULTIPLE FAMILY RESIDENTIAL) TO PD (PLANNED DEVELOPMENT) FOR PROPERTY LOCATED AT :247 SHELLEY AVENUE. APPLICATION OF EUROCRAFT DEVELOPMENT, INC. FILE NO. PLN2001-16. After notification and public heating, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the heating was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application PLN2001-16: 1. The proposed Planned Development zoning is consistent with the General Plan designation for the site. The proposed density of 10.82 units per gross acre is no greater than the density allowance of 6-13 units per gross acre permitted in the R-M-S (Multiple-Family Residential) Zoning District. 3. An initial study was prepared for this project and no significant environmental impacts were found. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that · 1. The proposed development and uses will clearly result in a more desirable environment and use of the land than would be possible under any other zoning classification. 2. The development and uses will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 3. The proposed development will not result in allowing more residential units than would be allowed by other residential zoning districts which are consistent with the general plan designation of the property; and 4. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 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 Reso,ation No. 3343 PLN2001-16 - 247 Shelley Avenue- Zone Change -- Eurocrafl Development Page 2 PASSED AND ADOPTED this 24t~ day of April, 2001, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Doorley, Francois, Gibbons, I-Iernandez, Jones, Lindstrom, Lowe None None None APPROVED: Mel Lindstrom, Chair ATTEST: Sharon Fierro, Secretary RESOLUTION NO. 3344 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A PLANNED DEVELOPMENT PERMIT (PLN2001-17) TO ALLOW THE CONSTRUCTION OF FIVE NEW TOWN HOMES ON PROPERTY LOCATED AT 247 SHELLEY AVENUE IN A PD (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF EUROCRAFT DEVELOPMENT. FILE NO. PLN2001-17. After notification and public heating, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application PLN2001-17: .4. The proposed Planned Development Permit is consistent with the General Plan designation for the site. The proposed density of 10.82 units per gross acre is no greater than the density allowance of 6-13 units per gross acre permitted in the R-M-S (Multiple-Family Residential) Zoning District. The proposed massing and design is consistent with other developments in the surrounding area and is consistent with the development standards for residential uses. The provision of CC&Rs requiting the formation of a homeowner's association is necessary to ensure the long term property maintenance and continued architectural integrity of the project. An initial study was prepared for this project and no significant environmental impacts were found. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed development and uses clearly will result in a more desirable environment and use of the land than would be possible under any other zoning classification. 2. The development and uses will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 3. The proposed development will not result in allowing more residential units than would be allowed by other residential zoning districts which are consistent with the general plan designation of the property; and 4. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 5. No substantial evidence has been presented which shows that the project, as currently presented, and subject to the required conditions of approval, will have a significant adverse impact on the environment. Planning Commission Res,..,ion No. 3344 PLN2001-17 - 247 Shelley Avenue - Planned Development Permit (5 Town Homes) Page 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 ordinance of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified: COMMUNITY DEVELOPMENT DEPARTMENT Planning Division: 1. Approved Project: Approval is granted to construct a 5-unit townhouse project consisting of three (3) two-story buildings. The building designs and site design shall substantially conform to the project exhibits listed below, except as may be modified by the Conditions of Approval herein: a. Set of plans received by Williams Residential Design on March 15, 2001, including building elevations, site plan, and a conceptual landscape plan. b. Color and material boards submitted by Williams Residential Design on March 15, 2001. c. Tentative Subdivision Map prepared by engineers Guiliani and Kull, Inc. received on April 5, 2001. 2. Landscarfing: a. The applicant shall retain the seven (7) mature cedar trees and one (1) mature redwood · tree on site as specified on the site plan/conceptual landscape plan. b. A tree protection plan shall be submitted prior to issuance of a building permit in accordance with the City's Water Efficient Landscape Standards (WELS) for any trees to be retained on site. 3. Parking and Driveways: a. All parking and driveway areas shall be developed in compliance with Chapter 21.50 of the Campbell Municipal Code. b. The ap~-¥icant shall provide decorative pavement within the driveway anti'in front of the garages where uncovered parking spaces are provided in the development. The design and materials to be used for the decorative pavement shall be reviewed and approved by the Community Development Director prior to issuance of building permits for the project. 4. Covenants, Codes and Restrictions (CC&Rs): The applicant shall be required to submit for review and approval by the City Attorney and Community Development Director a copy of the CC&Rs which shall include the following: ao Formation of a homeowner's association to ensure the long-term maintenance of buildings and properties. Planning Commission Rest,..,don No. 3344 PLN2001-17 - 247 Shelley Avenue - Planned Development Permit (5 Town Homes) Page 3 b. Continued architectural controls to ensure the architectural integrity of the project. c. Definition of common areas to be maintained and provision of maintenance for these areas, including the driveway and grass cell fire truck turnaround area. d. Provision of a funding mechanism to ensure maintenance and upkeep of common areas and shared building walls and roofs to be repaired, repainted, and/or replaced as necessary e. Provision for the availability of interior garage space for the parking of two (2) vehicles at all times. f. Provision to prohibit use of uncovered parking spaces for outdoor storage purposes. 5. Park Impact Fee: A park impact fee of $7,035 per unit is due upon development of the townhouse project. Credit in the amount of $10,990 will be given for the existing single- family residence. Prior to recordation of the final subdivision map, 75% of this fee is due. The remaining 25% is due prior to issuance of a certificate of building occupancy. 6. Fences: Any newly proposed fencing shall comply with Section 21.59.090 of the Campbell Municipal Code and shall substantially comply with the fence detail dated February 5, 2001 provided by Williams Residential Design. 7. Property Maintenance: The property is to be maintained free of any combustible trash, debris and weeds until the time that actual construction commences. All existing structures shall be secured by having windows boarded up and doors sealed shut, or be demolished or rernoved from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). 8. Utility Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to installation of PG&E utility (transformer) boxes and San Jose Water Company back-flow preventers, indicating the location of the boxes and screening (if the boxes are above ground) for approval by the Planning Division. 9. On-site lighting: On-site lighting shall be shielded away from adjacent properties and directed on site. The design and type of lighting fixtures and lighting intensity of any proposed exterior lighting for the project shall be reviewed and approved by the Community Development Director prior to installation of the lighting. Lighting fixtures shall be of a decorative design to be compatible with the residential development and shall incorporate energy sav~f~g features. ~ Building Division: 10. Permits Required: A building permit application shall be required for each proposed new structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 11. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 12. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. Planning Commission Reso..aon No. 3344 PLN2001-17 - 247 Shelley Avenue - Planned Development Permit (:5 Town Homes) Page 4 13. Soils Report: Two copies of a current soils report, prepared to the satisfaction of the Building Official, containing foundation and retaining wall design recommendations shall be submitted with the building permit application. This report shall be prepared by a licensed engineer specializing in soils mechanics. 14. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. Site plan shall also include site drainage details. 15. 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 pad 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 16. Title 24 Energy Compliance: California Title 24 Energy Compliance forms CF-IR and Iv[F-IR shall be blue-lined on the construction plans. 8~ X 11 calculations shall also be submitted. 17. 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 fi.om the Building Inspection Division Counter. 18. Water Pollution Control: The City of Campbell, 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. 19. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. West VaLley Sanitation District (378-2407) ~, b. Santa Clara County Fire Department (378-4010) c. School District: (Note: To Determine your district, contact the offices identified above. Obtain the School District payment form from the City Building Division, af~er the Division has approved the building permit application.) i. Campbell Union School District (378-3405) ii. Campbell Union High School District (371-0960) iii. Moreland School District (379-1370) iv. Cambrian School District (377-2103) d. Bay Area Air Quality Management District (Demolitions Only) Planning Commission Reso,-tion No. 3344 PLN2001-17 - 247 Shelley Avenue - Planned Development Permit (5 Town Homes) Page s FIRE DEPARTMENT: 20. Required Fire Flow: The required fire flow for this project has been calculated at 1,000 GPM at 20 psi residual pressure. The required fire flow is available fi.om area water mains and fire hydrant(s), which are located at the required spacing. 21. Required Access to Water Supply (Hydrants): Portions of the structure(s) are greater than I50 feet of travel distance fi.om the centerline of the roadway containing fire hydrants. Provide an onsite fire hydrant or install aa approved fire sprinkler system throughout all portions of the building: 22. Public fire hydrant required: Provide one public fire hydrant at a location to be determined by the Fire Department and San Jose Water Company. Hydrant shall have a minimum single flow of 1,000 GPM at 20 psi residual, with spacing not to exceed 500 feet. Prior to applying for building permits, provide civil drawings reflecting all fire hydrants serving the site. To prevent building permit delays, the developer shall promptly pay all required fees to the San Jose Water Company. 23. Timing of Required Water Supply Installations: Installations of required fire services and fire hydrants shall be tested and accepted by the Fire Department prior to the start of flaming or the delivery of bulk combustible materials. Building permit issuance may be withheld until required installations are completed, tested, and accepted. 24. Fire Access Road Required: Provide access roadways with a paved all-weather surface, a minimum unobstructed width of 20 feet, vertical clearance of 13 feet, 6 inches, minimum , circulating turning radius of 36 feet outside and 23 feet inside, and a maximum slope of 15%. 25. Fire Truck Turnaround Required: Provide aa approved fire department engine roadway turnaround with a minimum radius of 36 feet outside and 23 feet inside. 26. Fire Lane Marking Required: Provide marking for all access roadways within the project. Markings shall be per Fire Department Standard Details and Specification A-6, and also conform to Local Government Standards. 27. Timin~ of Required Roadway Installations: Required access roads, up through first li~ of asphalt, shall be installed and accepted by the Fire Department prior to the start of constructi6~fi. Bulk combustible materials shall not be delivered to the site uni'il installation is complete. During construction, emergency access roads shall be maintained clear and unimpeded. Note that building permit issuance may be withheld until installations are completed. PUBLIC WORKS DEPARTMENT 28. Final Map: Prior to issuance of any grading or building permits for the project, the applicant shall submit a Final Map for review by the City and recordation, upon approval by the City Council. The cun-ent plan check fee is $1,510.00 plus $25 per lot. 29. Preliminary Title Report: Prior to recordation of the Tract Map, the applicant shall provide a current Preliminary Title Report. Planning Commission Res,..,tion No. 3344 PLN2001-1 ? - 24? Shelley Avenue- Planned Development Permit (S Town Homes) Page 6 30. Right-of-Way for Public Street Purposes: Upon recordation of the Final Map, the applicant shall cause additional Right-of-Way to be granted for public street purposes along the Shelley Avenue frontage to accommodate a 30-foot half street (maximum), as determined by the City Engineer. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 31. Public Service Easement: Upon recordation of the Final Map, the applicant shall grant a 10 - foot public service easement on private property contiguous with the public fight-of-way along the Shelley Avenue frontage. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 32. Easements: Upon recordation of the Final Map, the applicant shall cause Easements to be recorded for private utilities, private storm drains, reciprocal ingress and egress, etc. 33. Monumentation for Final Map: Prior to recordation of the Final Map, the applicant shall provide security guaranteeing the cost of setting all Monuments shown on the map, as determined by the City Engineer. 34. Street Improvements: Prior to recordation of the Final Map, the applicant shall execute a street improvement agreement and shall cause plans for public Street Improvements to be prepared by a registered civil engineer, pay fees, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City Engineer. The fee for a non-utility encroachment permit is $245.00. The plans shall include the following: a. Removal of existing driveway approach, curb, gutter, and sidewalk. b. Construction of new curb/gutter and detached sidewalk. c. Installation of surface treatment or reconstruction of one-half street pavement section as determined by City Engineer based on field-testing of existing pavement. d. Construction of new street trees and irrigation at 40 feet on center. e. Construction of new ADA compliant driveway approach. f. Installation of signs and stripes, as necessary. g. Relo~tion and protection of utilities as necessary. ~ h. Construction of conforms to existing public and private improvements as necessary. 35. Water Meter(s) and Sewer Cleanout(s): Existing and proposed Water Meter(s) and Sewer Cleanout(s) shall be installed on private property behind the public fight-of-way line. 36. Soils Report: Pr/or to preparation of the on and off-site improvement plans; the applicant shall provide a Soils Report prepared by a registered geotechnical or civil engineer. 37. Utilities: All new on-site Utilities shall be installed underground per Section 20.36.150 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. Planning Commission Reso~.,don No. 3344 PLN2001-17 - 247 Shelley Avenue - Planned Development Permit (5 Town Homes) Page 7 38. Utility Installation Plan: Prior to issuance of building permits for the site, the applicant shall submit a Utility Installation COordination Plan and Schedule for approval by the City Engineer for installation of street improvements and/or abandonment of all utilities. Streets, which have been resurfaced within the previous 5 years, will require boring and jacking for all new utility installations. Applicant shall also prepare pavement restoration plans for approval by the City Engineer prior to any utility installation or abandonment. 39. Grading and Drainage Plan: Prior to issuance of any grading or building permits for the site, the applicant shall conduct hydrology studies based on a 10 year storm frequency, prepare an engineered Grading and Drainage Plan, and pay fees required to obtain necessary grading permits. The plans shall comply with the 1998 edition of the California Building Code including Chapters 10, 11, 18, 33, and Appendix Chapter 33. 40. Storm Drain Area Fee: Prior to recordation of the Final Map, the applicant shall pay the required Storm Drain Area fee, which is $2,250.00 per acre. 41. Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permitting requirements and the California Storm Water Best Management Practices handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley Water District and the City of Campbell Municipal Code regarding Storm Water Pollution Prevention. 42. Demolition: Prior to recording of the Final Map the applicant shall obtain a Demolition permit to remove any nonconforming structures. · PASSED AND ADOPTED this 24th day of April, 2001, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Doorley, Francois, Gibbons, Hernandez, Jones, Lindstrom, Lowe None None None APPROVED: Mel Lindstrom, Chair ATTEST: Sharon Fierro, Secretary RESOLUTION NO. 3345 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A TENTATIVE SUBDMSION MAP (PLN2001-12) TO ALLOW THE CREATION OF SLX LOTS ON PROPERTY LOCATED AT 247 SHELLEY AVENUE IN A PD (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF EUROCRAFT DEVELOPMENT. FILE NO. PLN2001-12. After notification and public hearing, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application PLN2001-12: 1. The proposed creation of six lots is consistent with the General Plan. 2. The proposed density of 10.82 units per gross acre is no greater than would be allowed by the R-M-S (Multiple-Family Residential) Zoning District. 3. The provisions of the CC&Rs are necessary to ensure the long-term property maintenance and continued architectural integrity of the project. 4. An initial study was prepared for this project and no significant environmental impacts were found. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed subdivision is consistent with the General Plan. 2. The proposed subdivision does not impair the balance between the housing needs of the region and the public service needs of its residents and available fiscal and environmental resources. 3. The design-of the subdivision provides, to the extent feasible, for future passive or natural heating and cooling opportunities. 4. No substantial evidence has been presented which shows that the project as currently presented, and subject to the attached conditions, will have a significant effect upon the environment. 5. The development and uses would be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. Planning Commission Reso,ution No. 3345 PLN2001-12 - 247 Shelley Avenue- Tentative Subdivision Map (6 lots) Page 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 ordinance of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified: COMMUNITY DEVELOPMENT DEPARTMENT 1. Approved Proiect: Approval is granted to create five (5) residential lots and a common lot for a five-unit townhouse development. The site design shall substantially conform to the Tentative Subdivision Map prepared by engineers Guiliani and Kull, Inc. received on April 5, 2001. 2. Covenants, Codes and Restrictions (CC&Rs): The applicant shall be required to submit for review and approval by the City Attorney and Community Development Director a copy of the CC&Rs which shall include the following: a. Formation of a homeowner's association to ensure the long-term maintenance of buildings and properties. b. Continued architectural controls to ensure the architectural integrity of the project. c. Definition of common areas to be maintained and provision of maintenance for these areas, including the driveway and grass cell fire truck turnaround area. d. Provision of a funding mechanism to ensure maintenance and upkeep of common areas and shared building walls and roofs to be repaired, repainted, and/or replaced as necessary. e. Provision for the availability of interior garage space for the parking of two (2) vehicles at all times. f. Provision to prohibit use of uncovered parking spaces for outdoor storage purposes. 3. Park Impact Fee: A park impact fee of $7,035 per unit is due upon development of the townhouse-project. Credit in the amount of $10,990 will be given for the-existing single- family residence. Prior to recordation of the final subdivision map, 75% of this fee is due. The remaining 25% is due prior to issuance of a certificate of building occupancy. 4. Property Maintenance: The property is to be maintained free of any combustible trash, debris and weeds until the time that actual construction commences. All existing structures shall be secured by having windows boarded up and doors sealed shut, or be demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). PUBLIC WORKS DEPARTMENT 5. Final Map: Prior to issuance of any grading or building permits for the project, the applicant shall submit a Final Map for review by the City and recordation, upon approval by the City Council. The current plan check fee is $1,510.00 plus $25 per lot. Planning Commission Reso,~,don No. 3345 PLN2001-12 - 247 Shelley Avenue - Tentative Subdivision Map (6 lots) Page 3 6. Prelinfinary Title Report: Prior to recordation of the Tract Map, the applicant shall provide a current Preliminary Title Report. 7. Right-of-Way for Public Street Purposes: Upon recordation of the Final Map, the applicant shall cause additional Right-of-Way to be granted for Public Street Purposes along the Shelley Avenue frontage to accommodate a 30-foot half street (maximum), as determined by the City Engineer. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 8. Public Service Easement: Upon recordation of the Final Map, the applicant shall grant a 10- foot Public Service Easement on private property contiguous with the public right-of-way along the Shelley Avenue frontage. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 9. Easements: Upon recordation of the Final Map, the applicant shall cause Easements to be recorded for private utilities, private storm drains, reciprocal ingress and egress, etc. 10. Monumentation for Final Map: Prior to recordation of the Final Map, the applicant shall provide security guaranteeing the cost of setting all Monuments shown on the map, as determined by the City Engineer. l l. Street Improvements: Prior to recordation of the Final Map, the applicant shall execute a street improvement agreement and shall cause plans for public Street Improvements to be prepared by a registered civil engineer, pay fees, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City Engineer. The fee for a non-utility encroachment permit is $245.00. The plans shall include the following: a. Removal of existing driveway approach, curb, gutter, and sidewalk. b. Construction of new curb/gutter and detached sidewalk. c. Installation of surface treatment or reconstruction of one-half street pavement section as determined by City Engineer based on field-testing of existing pavement. d. Construction of new street trees and irrigation at 40 feet on center. e. Constmc~tion of new ADA compliant driveway approach. f. Installation of signs and stripes, as necessary. g. Relocation and protection of utilities as necessary. h. Construction of conforms to existing public and private improvements as necessary. 12. Water Meter(s) and Sewer Cleanout(s): Existing and proposed Water Meter(s) and Sewer Cleanout(s) shall be installed on private property behind the public fight-of-way line. 13. Soils Report: Prior to preparation of the on and off-site improvement plans; the applicant shall provide a Soils Report prepared by a registered geotechnical or civil engineer. 14. Utilities: All new on-site Utilities shall be installed underground per Section 20.36.150 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. Planning Commission Resolution No. 3345 PLN2001-12 - 247 Shelley Avenue -Tentative Subdivision Map (6 lots) Page 4 15. Utility Installation Plan: Prior to issuance of building permits for the site, the applicant shall submit a Utility Installation Coordination Plan and Schedule for approval by the City Engineer for installation of street improvements and/or abandonment of all utilities. Streets that have been resurfaced within the previous 5 years will require boring and jacking for all new utility installations. Applicant shall also prepare pavement restoration plans for approval by the City Engineer prior to any utility installation or abandonment. 16. Grading and Drainage Plan: Prior to issuance of any grading or building permits for the site, the applicant shall conduct hydrology studies based on a 10 year storm frequency, prepare an engineered Grading and Drainage Plan, and pay fees required to obtain necessary grading permits. The plans shall comply with the 1998 edition of the California Building Code including Chapters 10, 11, 18, 33, and Appendix Chapter 33. 17. Storm Drain Area Fee: Prior to recordation of the Final Map, the applicant shall pay the required Storm Drain Area fee that is $2,250.00 per acre. 18. Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permitting requirements and the California Storm Water Best Management Practices handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley Water District and the City of Campbell Municipal Code regarding Storm Water Pollution Prevention. 19. Demolition: Prior to recording of the Final Map the applicant shall obtain a Demolition permit to remove any nonconforming structures. PASSED AND ADOPTED this 24th day of April, 2001, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Doorley, Francois, Gibbons, Hernandez, Jones, Lindstrom, Lowe None None None APPROVED: Mel Lindstrom, Chair ATTEST: Sharon Fierro, Secretary Pacific Gas and E/ectric Company Land Services 111 Almaden Boulevard I~0. Box 15005 San Jose, CA 95115-0005 May 7, 2001 City of Campbell 70 N. First Street Campbell, CA 95008 Attn: Kristi Bascom RE: Tentative Parcel Map Review City's Ref: PLN 2001-12, dated 2/06/2001 247 Shelley Avenue, Campbell APN 414-39-018 PG&E file: 2019552-01-MR-78 RECEIVED ClTY OF c Dear Ms. Bascom: Thank you for the oppommity to review the subject Parcel map. PG&E has no objection to the map. PG&E owns and operates a variety of gas and electric facilities which may be located within the proposed project boundaries. Project proponents should coordinate with PG&E early in the development of their project plans to promote the safe and reliable maintenance and operation of existing utility facilities. Any proposed development plans should provide for unrestricted utility access and prevent interference with PG&E easements. Activities which may impact our facilities include, but are not limited to, permanent/temporary changes in grade over or under our facilities, construction of structures within or adjacent to PG&E's easements, and planting of certain types of vegetation over, under, or adjacent to our facilities. The installation of new gas and electric facilities and/or the relocation of existing PG&E facilities will be performed in accordance with common law or Rules and Tariffs as authorized by the California Public Utilities Commission. Please contact me at (408)282-7401 if you have any questions regarding our comments. Sincerely, Alfred Poon South Coast area- San Jose File: 2019552 01 MR 78 Al"aT AT&T Broadband & Internet Services 1900 So. 10th Street San Jose, CA 95112 April 24, 2001 Kristi Bascom City Of Campbell Community Development Department 70 North First Street Cmnpbeii,' CA 95008-i436 Subject: Easement Clearance / Will Serve Re: PLN2001-12 247 Shelley Avenue~ Campbell APN: 414-.39-018 Dear Kristi, I have reviewed the parcel map provided by Giuliani & Kull, Inc. for the purpose of a Proposed Development in the City of Campbell. AT&T Broadband of San Jose has no comments or objection to the proposed development indicated on the parcel map. AT&T currently has service facilities within the area, and it does not appear that there should be any problem to provide CATV facilities to this parcel. Sincerely, Vladimir Plakhti Construction Coordinator AT&T Broadband ~C'~ Recycled Paper ITEM NO. 5 STAFF REPORT - PLANNING COMMISSION MEETING OF April 24, 2001 PLN2001-12 (TS) PLN2001-16 (ZC) PLN2001-17 (PD) Latala, A. Public Hearing to consider the applications of Mr. Andrew Latala, on behalf of Eurocraft Development, to allow the following on property located at 247 Shelley Avenue in an R-M-S (Multiple Family Residential) Zoning District: a) A Zone Change fi.om R-M-S (Multiple Family Residential) to P-D (Planned Development); b) A Planned Development Permit to allow construction of five (5) townhouse units; and c) A Tentative Parcel Map to create five (5) townhouse lots and a common lot for access. STAFF RECOMMENDATION That the Planning Commission take the following actions: 1. Recommend that the City Council grant a Negative Declaration for this project based upon the attached findings; 2. Adopt a Resolution incorporating the attached findings, recommending that the City Council approve a Zone Change from R-M-S (Multiple Family Residential) to PD (Planned Development); 3. Adopt a Resolution incorporating the attached findings, recommending that the City Council approve a Planned Development Permit to allow the construction of five (5) townhouse units, subj ect to the attached Conditions of Approval; and 4. Adopt a Resolution incorporating the attached findings, recommending that the City Council approve a Tentative. Subdivision Map, subject to the attached Conditions of Approval. ENVIRONMENTAL DETERMINATION In accordance with California Environmental Quality Act (CEQA), the City conducted an Initial Study for this project. The results of the study determined that no significant impacts would be created as a result of this project. Based upon the information provided in the environmental assessment, Staff recommends that the Planning Commission recommend that the City Council adopt the' Negative Declaration prepared for this project. The Initial Study and the findings in support of the Negative Declaration are included as an attachment to this report. Staff Report - Planning Commission Meeting of April 24, 2001 PLN2001-12, 16, and 17 -- 247 Shelley Ave. PROJECT DATA Gross Lot Area: Net Lot Area: Project Density: Site Utilization: Building Coverage: Landscape Coverage: Paving Coverage: Floor Area Ratio (FAR): Parking Provided: Required: Unit Summary Units 1-4 Model A Unit 5 Model B Adjacent Land Uses .46 acres 20,128 square feet .42 acres 18,284 square feet 10.82 units per gross acre 28.5% 5,214 sq. t~. 31.1% 5,693 sq. ft. 40.3% 7,377 sq. ft. .54 9,790 sq. ft. 20 parking spaces (10 covered, 10 uncovered) 17.5 parking spaces (5 covered minimum, 12.5 uncovered) 3 BR/2.5 BA 3 BR/2.5 BA North: Single-story single-family residence South: Office/Commercial East: Office/Commercial West: Residential townhouse development 1,544 sq. ft.+ 417 sq. ft. garage 1,529 sq. ft.+ 417 sq. tt. garage DISCUSSION Applicant's Proposal: The applicant, Andrew Latala, is requesting approval of a Zone Change (?LN2001-16) fi.om an R-M-S (Multiple Family Residential)to a P-D (Planned Development) zoning district, a Planned Development Permit (PLN2001-17), and a Tentative Subdivision Map (PLN2001-12) to allow the construction of a five (5) unit townhouse development on property located at 247 Shelley Avenue. The subject property is located on the north side of Shelley Avenue, one parcel west of Bascom Avenue on the border of Campbell and San Jose. Back~ound: The proj.ect site is currently developed with a single-family residence, pool, pool house, and a detached garage. These structures will be removed for the construction of the townhouse units. ANALYSIS General Plan Designation: The General Plan land use designation for the project site is Low- Medium Density Residential (6-13 units per gross acre). The proposed project will be developed at a density of 10.82 units per gross acre, which is within the density range allowed for the site. Therefore, the proposed project is consistent with the General Plan. Zoning Designation: The zoning designation for the project site is R-M-S (Multiple Family Residential). Under this zoning designation, a maximum of six (6) units could be constructed on Staff Report - Planning Commission Meeting of April 24, 2001 PLN2001-12, 16, and 17 -- 247 Shelley Ave. the project site, if all other development standards (i.e. open space, parking, etc.) could be met. The applicant is requesting approval of a Zone Change from an R-M-S to a P-D (Planned Development) zoning district to allow for the development of townhouse units, each to be constructed on individual lots. The zone change does not affect the maximum density range allowance for the property, but does allow for the separate ownership of units as opposed to the development of multiple units on a single lot (i.e. rental apartments). Site Plan: The site plan proposes the construction of five (5) attached townhouse units within three buildings that are accessed by a 20-foot wide common interior driveway along the east property line. Two of the buildings consist of two (2) units each and are oriented along the west side of the subject site. The rear building contains one unit. The southern-most unit has direct frontage onto Shelley Avenue and has a front yard setback of approximately 20 feet from the back of sidewalk. Each of the units has a private rear yard areas that ranges in depth between 10- 15 feet. In addition, landscaped areas are provided between the garage aprons of each unit, along the eastern property line, and in between the entrances to each unit. The common lot for the development consists of the common access driveway, fire truck turnaround area as indicated on the site plan, and a ten-foot public utility easement along the public right-of-way adjacent to Lot 1. Architecture: The proposed townhouse development consists of three two-story buildings, two with two units each and one with one unit. All three buildings have a stucco wall exterior, stucco foam window trim and hipped roofs with concrete tile shingles. The designs also incorporate a bay window and a porch element along the front entry of each unit. The windows are dual paned, some with divided lights and arched window features. The garage doors are arched and corbel braces offer visual support to cantilevered windows. ¥i~ applicant proposes two color palettes colors for the exterior of the buildings. Plan A has beige for the stucco wall, off-white for the window framing and porch columns, dark red for the garage and entry doors and dark gray concrete tile roofing. Plan B has dark white for the stucco wall, beige for the window framing and porch columns, dark teal for the garage and entry doors, and dark gray concrete tile roofing. Both of the color palettes are subtle earth-tone shades that complement each other, well. Staff finds that the proposed design is well articulated and is inconsistent with the City's Low- Medium Residential Design Guidelines. Landscaping: The project site currently has several mature trees and the applicant has indicated on the site plan that all of the trees will be preserved with the new development. The trees include seven mature cedar trees and one mature redwood. These trees to remain will provide screening and buffering between the adjacent townhouse complex to the west. Staff Report - Planning Commission Meeting of April 24, 2001 PLN2001-12, 16, and 17 -- 247 Shelley Ave. ..................................................................................................................................................................................................... The applicant has provided a conceptual landscaping plan that contains additional trees including five (5) 24"box Aleppo Pines, five (5) 24"box Coast Live Oaks, and fifteen (15) 15-gallon White Oleanders. The conceptual landscaped areas on the site plan also indicate landscaping strips along the east side of the property adjacent to the driveway, along the side yards of all of the units and along the front of the units. These areas will be landscaped with the trees, shrubs, and turf. Parking: The project provides a total of 20 off-street parking spaces. Each unit has a two-car garage and two parking spaces in the driveway apron. The project exceeds the City's parking requirement to provide 3.5 parking spaces per unit by providing four per unit. Tentative Subdivision Map: The applicant is requesting approval of a Tentative Subdivision Map to subdivide the property into five (5) residential lots and one common lot for the 10-foot public utility easement strip along the public right-of-way, the grass cell fire track turnaround area, and the access driveway. Staff recommends that prior to recordation of the final parcel map and issuance of any building permits, the applicant provide draft Covenants, Conditions and Restrictions (CC&Rs) to the Community Development Department for review which provide for: A. Formation of a homeowner's association to ensure the long-term maintenance of buildings and properties. B. Continued architectural controls to ensure the architectural integrity of the project. C. Definition of common areas to be maintained and provision of maintenance for these areas, including the driveway and grass cell fire track turnaround area. D. Provision of a funding mechanism to ensure maintenance and upkeep of common areas and shared building walls and roofs to be repaired, repainted, and/or replaced as necessary 15. Provision for the availability of interior garage space for the parking of two (2) vehicles at all times. F. Provision to prohibit use of uncovered parking spaces for outdoor storage purposes. Condition of Approval Number 4 (PLN2001-17) requires that the applicant submit the draft CC&Rs for the project to be reviewed and approved by the Community Development Director, City Engineer and City Attorney which will satisfy the City's need .to ensure the proper maintenance and upkeep of the development. Site and Architectural Review Committee: The Site and Architectural Review Committee reviewed this development project at its meeting of April 10, 2001 and was supportive of the proposed project. Staff Report - Planning Commission Meeting of April 24, 2001 PLN2001-12, 16, and 17 -- 247 Shelley Ave. Attachments: 1. Recommended Findings for PLN2001-16 (Zone Change) 2. Recommended Findings for PLN2001-17 (Planned Development Permit) 3. Conditions of Approval for PLN2001-17 (Planned Development Permit) 4. Recommended Findings for PLN2001-12 (Tentative Subdivision Map) 5. Conditions of Approval for PLN2001-12 (Tentative Subdivision Map) 6. Site Plans and Elevations 7. Tentative Subdivision and Preliminary Grading Plan 8. Initial Study/Environmental Documentation 9. Location Map Prepared by: Kristi Bascom, Planner I Approved by: enior Planner / Attachment I FINDINGS FOR APPROVAL OF FILE NO PLN2001-16 (ZONE CHANGE) SITE ADDRESS: APPLICANT: P.C. MEETING: 247 Shelley Avenue Andrew Latala, Eurocraft Development April 24, 2001 Findings for Approval of a Zone Change to allow the rezoning fi'om R-M-S (Multi-family Residential) to PD (Planned Development) property located at 247 Shelley Avenue. The Planning Commission finds as follows with regard to File No. PLN2001-16: 1. The proposed Planned Development zoning is consistent with the General Plan designation for the site. o The proposed density of 10.82 units per gross acre is no greater than the density allowance of 6-13 units per gross acre permitted in the R-M-S (Multiple-Family Residential) Zoning District. 3. An initial study was prepared for this project and no significant environmental impacts were found. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that · 1. The proposed development and uses will clearly result in a more desirable environment and use of the land than would be possible under any other zoning classification. 2. The development and uses will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. The proposed development will not result in allowing more residential units than would be allowed by other residential zoning districts which are consistent with the general plan designation of the property; and 4. The proposed dev61opment will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 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. Attachment 2 FINDINGS FOR APPROVAL OF FILE NO PLN2001-17 (PLANNED DEVELOPMENT PERMIT) SITE ADDRESS: APPLICANT: P.C. MEETING: 247 Shelley Avenue Andrew Latala, Eurocraf~ Development April 24, 2001 Findings for Approval of a Planned Development Permit to allow the construction of five (5) townhouses on property located at 247 Shelley Avenue. The Planning Commission finds as follows with regard to File No. PLN2001-12: 1. The proposed Planned Development Permit is consistent with the General Plan designation for the site. 2. The proposed density of 10.82 units per gross acre is no greater than the density allowance of 6-13 units per gross acre permitted in the R-M-S (Multiple-Family Residential) Zoning District. 3. The proposed massing and design is consistent with other developments in the surrounding area and is consistent with the development standards for residential uses. 4. The provision of CC&Rs requiring the formation of a homeowner's association is necessary to ensure the long term property maintenance and continued architectural integrity of the project. 5. An initial study was prepared for this project and no significant environmental impacts were found. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed development and uses clearly will result in a more desirable environment and use of the land than would be possible under any other zoning classification. 2. The development and uses will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 3. The proposed development will not result in allowing more residential units than would be allowed by other residential zoning districts which are consistent with the general plan designation of the property; and 4. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 5. No substantial evidence has been presented which shows that the project, as currently presented, and subject to the required conditions of approval, will have a significant adverse impact on the environment. ~4ttachment 3 CONDITIONS OF APPROVAL FOR FILE DEVELOPMENT PERMIT) NO. PLN2001-17 (PLANNED SITE ADDRESS: APPLICANT: P.C. MEETING: 247 Shelley Avenue Andrew Latala, Euroeraft Development April 24, 2001 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. The lead department with which the applicant will work is identified on each condition where necessary. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified: COMMUNITY DEVELOPMENT DEPARTMENT Planning Division: 1. Approved Project: Approval is granted to construct a 5-unit townhouse project consisting of three (3) two-story buildings. The building designs and site design shall substantially conform to the project exhibits listed below, except as may be modified by the Conditions of Approval herein: a. Set of plans received by Williams Residential Design on March 15, 2001, including building elevations, site plan, and a conceptual landscape plan. b. Color and material boards submitted by Williams Residential Design on March 15, 2001. c. Tentative Subdivision Map prepared by engineers Guiliani and Kull, Inc. received on April 5, 2001. 2. Landscaping: a. The applicant shall retain the seven (7) mature cedar trees and one (1) mature redwood tree on site as specified on the site plan/conceptual landscape plan. b. A tree protection plan shall be submitted prior to issuance of a building permit in accordance with the City's Water Efficient Landscape Standards (WELS) for any trees to be retained on site. 3. Parkin~ and Driveways: a. All parking and driveway areas shall be developed in compliance with Chapter 21.50 of the Campbell Municipal Code. b. The applicant shall provide decorative pavement within the driveway and in fi:ont of the garages where uncovered parking spaces are provided in the development. The design and materials to be used for the decorative pavement shall be reviewed and approved by the Community Development Director prior to issuance ~of building permits for the project. Conditions of Approval for PLN2001-17 (Planned Development Permit) 247 Shelley Ave. Covenants, Codes and Restrictions (CC&Rs): The applicant shall be required to submit for review and approval by the City Attorney and Community Development Director a copy of the CC&Rs which shall include the following: a. Formation of a homeowner's association to ensure the long-term maintenance of buildings and properties. b. Continued architectural controls to ensure the architectural integrity of the project. c. Definition of common areas to be maintained and provision of maintenance for these areas, including the driveway and grass cell fire track turnaround area. d. Provision of a funding mechanism to ensure maintenance and upkeep of common areas and shared building walls and roofs to be repaired, repainted, and/or replaced as necessary e. Provision for the availability of interior garage space for the parking of two (2) vehicles at all times. f. Provision to prohibit use of uncovered parking spaces for outdoor storage purposes. 5. Park Impact Fee: A park impact fee of $7,035 per unit is due upon development of the townhouse project. Credit in the amount of $10,990 will be given for the existing single- family residence. Prior to recordation of the final subdivision map, 75% of this fee is due. The remaining 25% is due prior to issuance of a certificate of building occupancy. 6. Fences: Any newly proposed fencing shall comply with Section 21.59.090 of the Campbell Municipal Code and shall substantially comply with the fence detail dated February 5, 2001 provided by Williams Residential Design. 7. Property Maintenance: The property is to be maintained free of any combustible trash, debris and weeds until the time that actual construction commences. All existing structures shall be secured by having windows boarded up and doors sealed shut, or be demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). 8. Utility Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to installation of PG&E utility (transformer) boxes and San Jose Water Company back-flow preventers, indicating the location of the boxes and screening (if the boxes are above ground) for approval by the Planning Division. 9. On-site lighting: On-site lighting shall be shielded away from adjacent properties and directed on site. The design and type of lighting fixtures and lighting intensity of any proposed exterior lighting for the project shall be reviewed and approved by the Community Development Director prior to installation of the lighting. Lighting fixtures shall be of a decorative design to be compatible with the residential development and shall incorporate energy saving features. Building Division: 10. Permits Required: A building permit application shall be required for each proposed new structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. Conditions of Approval for PLN2001-17 (Planned Development Permit) 247 Shelley Ave. 11. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 12. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 13. Soils Report: Two copies of a current soils report, prepared to the satisfaction of the Building Official, containing foundation and retaining wall design recommendations shall be submitted with the building permit application. This report shall be prepared by a licensed engineer specializing in soils mechanics. 14. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. Site plan shall also include site drainage details. 15. 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 pad 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 16. Title 24 Energy Compliance: California Title 24 Energy Compliance forms CF-IR and MF- 1R shall be blue-lined on the construction plans. 8½ X 11 calculations shall also be submitted. 17. 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 fi.om the Building Inspection Division Counter. 18. Water Pollution Control: The City of Campbell, 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. 19. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. West Valley Sanitation District (378-2407) b. Santa Clara County Fire Department (378-4010) c. School District: (Note: To Determine your district, contact the offices identified above. Obtain the School District payment form from the City Building Division, after the Division has approved the building permit application.) i. Campbell Union School District (378-3405) ii. Campbell Union High School District (371-0960) Conditions of Approval for PLN2001-17 (Planned Development Permit) 247 Shelley Ave. do iii. Moreland School District (379-1370) iv. Cambrian School District (377-2103) Bay Area Air Quality Management District (Demolitions Only) FIRE DEPARTMENT: 20. Required Fire Flow: The required fire flow for this project has been calculated at 1,000 GPM at 20 psi residual pressure. The required fire flow is available fi.om area water mains and fire hydrant(s) which are located at the required spacing. 21. Required Access to Water Supply (Hydrants): Portions of the structure(s) are greater than 150 feet of travel distance fi.om the centerline of the roadway containing fire hydrants. Provide an onsite fire hydrant or install an approved fire sprinkler system throughout all portions of the building. 22. Public fire hydrant required: Provide one public fire hydrant at a location to be determined by the Fire Department and San Jose Water Company. Hydrant shall have a minimum single flow of 1,000 GPM at 20 psi residual, with spacing not to exceed 500 feet. Prior to applying for building permits, provide civil drawings reflecting all fire hydrants serving the site. To prevent building permit delays, the developer shall promptly pay all required fees to the San Jose Water Company. 23. Timing of Required Water Supply Installations: Installations of required fire services and fire hydrants shall be tested and accepted by the Fire Department prior to the start of framing or the delivery of bulk combustible materials. Building permit issuance may be withheld until required installations are completed, tested, and accepted. 24. Fire Access Road Required: Provide access roadways with a paved all-weather surface, a minimum unobstructed width of 20 feet, vertical clearance of 13 feet, 6 inches, minimum circulating turning radius of 36 feet outside and 23 feet inside, and a maximum slope of 15%. £~ Fire Truck Turnaround Required: Provide an approved fire department engine roadway turnaround with a minimum radius of 36 feet outside and 23 feet inside. 2(,. Fire Lane Marking Required: Provide marking for all access roadways within the project. Markings shall be per Fire Department Standard Details and Specification A-6, and also con.form to Local Government Standards. £,. Timing of Required Roadway Installations: Required access roads, up through first lift of asphalt, shall be installed and accepted by the Fire Department prior to the start of construction. Bulk combustible materials shall not be delivered to the site until installation is complete. During construction, emergency access roads shall be maintained clear and unimpeded. Note that building permit issuance may be withheld until installations are completed. Conditions of Approval for PLN2001-17 (Planned Development Permit) 247 Shelley Ave. PUBLIC WORKS DEPARTMENT 28. Final Map: Prior to issuance of any grading or building permits for the project, the applicant' shall submit a Final Map for review by the City and recordation, upon approval by the City Council. The current plan check fee is $1,510.00 plus $25 per lot. 29. Preliminary_ Title Report: Prior to recordation of the Tract Map, the applicant shall provide a current Preliminary Title Report. 30. Right-of-Way for Public Street Purposes: Upon recordation of the Final Map, the applicant shall cause additional Right-of-Way to be granted for public street purposes along the Shelley Avenue frontage to accommodate a 30-foot half street (maximum), as determined by the City Engineer. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 31. Public Service Easement: Upon recordation of the Final Map, the applicant shall grant a 10 - foot public service easement on private property contiguous with the public right-of-way along the Shelley Avenue frontage. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 32. Easements: Upon recordation of the Final Map, the applicant shall cause Easements to be recorded for private utilities, private storm drains, reciprocal ingress and egress, etc. 33. Monumentation for Final Map: Prior to recordation of the Final Map, the applicant shall provide security guaranteeing the cost of setting all Monuments shown on the map, as determined by the City Engineer. 34 Street Improvements: Prior to recordation of the Final Map, the applicant shall execute a street improvement agreement and shall cause plans for public Street Improvements to be prepared by a registered civil engineer, pay fees, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City Engineer. The fee for a non-utility encroachment permit is $245.00. The plans shall include the following: a. Removal of existing driveway approach, curb, gutter, and sidewalk. b. Construction of new curb/gutter and detached sidewalk. c. Installation of surface treatment or reconstruction of one-half street pavement section as determined by City Engineer based on field testing of existing pavement. d. Construction of new street trees and irrigation at 40 feet on center. e. Construction of new ADA compliant driveway approach. f. Installation of signs and stripes, as necessary. g. Relocation and protection of utilities as necessary. h. Construction of conforms to existing public and private improvements as necessary. 35. Water Meter(s) and Sewer Cleanout(s): Existing and proposed Water Meter(s) and Sewer Cleanout(s) shall be installed on private property behind the public right-of-way line. 36. Soils Report: Prior to preparation of the on and off-site improvement plans, the applicant shall provide a Soils Report prepared by a registered geotechnical or civil engineer. Conditions of Approval for PLN2001 -17 (Planned Development Permit) 247 Shelley Ave. 37. Utilities: All new on-site Utilities shall be installed underground per Section 20.36.150 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. 38. Utility Installation Plan: Prior to issuance of building permits for the site, the applicant shall submit a Utility Installation Coordination Plan and Schedule for approval by the City Engineer for installation of street improvements and/or abandonment of all utilities. Streets which have been resurfaced within the previous 5 years will require boring and jacking for all new utility installations. Applicant shall also prepare pavement restoration plans for approval by the City Engineer prior to any utility installation or abandonment. 39. Grading and Drainage Plan: Prior to issuance of any grading or building permits for the site, the applicant shall conduct hydrology studies based on a 10 year storm frequency, prepare an engineered Grading and Drainage Plan, and pay fees required to obtain necessary grading permits. The plans shall comply with the 1998 edition of the California Building Code including Chapters 10, 11, 18, 33, and Appendix Chapter 33. 40. Storm Drain Area Fee: Prior to recordation of the Final Map, the applicant shall pay the required Storm Drain Area fee which is $2,250.00 per acre. 41. Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permitting requirements and the California Storm Water Best Management Practices handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley Water District and the City of Campbell Municipal Code regarding Storm Water Pollution Prevention. 42. Demolition: Prior to recording of the Final Map the applicant shall obtain a Demolition permit to remove any nonconforming structures. Attachment 4 HNDINGS FOR APPROVAL OF FILE NO PLN2001-12 (TENT. SUBDIVISION MAP) SITE ADDRESS: APPLICANT: P.C. MEETING: 247 Shelley Avenue Andrew Latala, Eurocrafi Development April 24, 2001 Findings for Approval of a Tentative Subdivision Map to allow the establishment of six (6) lots on property located at 247 Shelley Avenue. The Planning Commission finds as follows with regard to File No. PLN2001-12: 1. The proposed creation of six lots is consistent with the General Plan. 2. The proposed density of 10.82 units per gross acre is no greater than would be allowed by the R-M-S (Multiple-Family Residential) Zoning District. 3. The provisions of the CC&Rs are necessary to ensure the long term property maintenance and continued architectural integrity of the project. 4. An initial study was prepared for this project and no significant environmental impacts were found. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: o 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 its residents and available fiscal and environmental resources. The design of the subdivision provides, to the extent feasible, for future passive or natural heating and cooling opportunities. No substantial evidence has been presented which shows that the project as currently presented, and subject to the attached conditions, will have a significant effect upon the environment. The development and uses would be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. Attachment 5 CONDITIONS OF APPROVAL FOR FILE NO. PLN2001-12 (TENTATIVE SUBDIVISION MAP) SITE ADDRESS: APPLICANT: P.C. MEETING: 247 Shelley Avenue Andy Latala, Eurocraft Development April 24, 2001 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. The lead department with which the applicant will work is identified on each condition where necessary. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified: COMMUNITY DEVELOPMENT DEPARTMENT 1. Approved Proiect: Approval is granted to create five (5) residential lots and a common lot for a five-unit townhouse development. The site design shall substantially conform to the Tentative Subdivision Map prepared by engineers Guiliani and Kull, Inc. received on April 5, 2001. 2. Covenants, Codes and Restrictions (CC&Rs): The applicant shall be required to submit for review and approval by the City Attorney and Community Development Director a copy of the CC&Rs which shall include the following: a. Formation of a homeowner's association to ensure the long-term maintenance of buildings and properties. b. Continued architectural controls to ensure the architectural integrity of the project. c. Definition of common areas to be maintained and provision of maintenance for these areas, including the driveway and grass cell fire track turnaround area. d. Provision of a funding mechanism to ensure maintenance and upkeep of common areas and shared building walls and roofs to be repaired, repainted, and/or replaced as necessary e. Provision for the availability of interior garage space for the parking of two (2) vehicles at all times. f. Provision to prohibit use of uncovered parking spaces for outdoor storage purposes. 3. Park Impact Fee: A park impact fee of $7,035 per unit is due upon development of the townhouse project. Credit in the amount of $10,990 will be given for the existing single- family residence. Prior to recordation of the final subdivision map, 75% of this fee is due. The remaining 25% is due prior to issuance of a certificate of building occupancy. 4. Property Maintenance: The property is to be maintained free of any combustible trash, debris and weeds until the time that actual construction commences. All existing structures shall be secured by having windows boarded up and doors sealed shut, or be demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). Conditions of Approval for PLN2001-12 (Tentative Subdivision Map) 247 Shelley Ave. PUBLIC WORKS DEPARTMENT 5. Final Map: Prior to issuance of any grading or building permits for the project, the applicant shall submit a Final Map for review by the City and recordation, upon approval by the City Council. The current plan check fee is $1,510.00 plus $25 per lot. 6. Preliminary_ Title Report: Prior to recordation of the Tract Map, the applicant shall provide a current Preliminary Title Report. 7. Right-of-Way for Public Street Purposes: Upon recordation of the Final Map, the applicant shall cause additional Right-of-Way to be granted for Public Street Purposes along the Shelley Avenue frontage to accommodate a 30 foot half street (maximum), as determined by the City Engineer. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 8. Public Service Easement: Upon recordation of the Final Map, the applicant shall grant a 10- foot Public Service Easement on private property contiguous with the public right-of-way along the Shelley Avenue frontage. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 9. Easements: Upon recordation of the Final Map, the applicant shall cause Easements to be recorded for private utilities, private storm drains, reciprocal ingress and egress, etc. 10. Monumentation for Final Map: Prior to recordation of the Final Map, the applicant shall provide security guaranteeing the cost of setting all Monuments shown on the map, as determined by the City Engineer. 11. Street Improvements: Prior to recordation of the Final Map, the applicant shall execute a street improvement agreement and shall cause plans for public Street Improvements to be prepared by a registered civil engineer, pay fees, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City Engineer. The fee for a non-utility encroachment permit is $245.00. The plans shall include the following: a. Removal of existing driveway approach, curb, gutter, and sidewalk. b. Construction of new curb/gutter and detached sidewalk. c. Installation of surface treatment or reconstruction of one-half street pavement section as determined by City Engineer based on field testing of existing pavement. d. Construction of new street trees and irrigation at 40 feet on center. e. Construction of new ADA compliant driveway approach. f. Installation of signs and stripes, as necessary. g. Relocation and protection of utilities as necessary. h. Construction of conforms to existing public and private improvements as necessary. 12. Water Meter(s) and Sewer Cleanout(s): Existing and proposed Water Meter(s) and 'Sewer Cleanout(s) shall be installed on private property behind the public right-of-way line. Conditions of Approval for PLN2001-12 (Tentative Subdivision Map) 247 Shelley Ave. 13. Soils Report: Prior to preparation of the on and off-site improvement plans, the applicant shall provide a Soils Report prepared by a registered geotechnical or civil engineer. 14. Utilities: All new on-site Utilities shall be installed underground per Section 20.36.150 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. 15. Utility Installation Plan: Prior to issuance of building permits for the site, the applicant shall submit a Utility Installation Coordination Plan and Schedule for approval by the City Engineer for installation of street improvements and/or abandonment of all utilities. Streets that have been resurfaced within the previous 5 years will require boring and jacking for all new utility installations. Applicant shall also prepare pavement restoration plans for approval by the City Engineer prior to any utility installation or abandonment. 16. Grading and Drainage Plan: Prior to issuance of any grading or building permits for the site, the applicant shall conduct hydrology studies based on a 10 year storm frequency, prepare an engineered Grading and Drainage Plan, and pay fees required to obtain necessary grading permits. The plans shall comply with the 1998 edition of the California Building Code including Chapters 10, 11, 18, 33, and Appendix Chapter 33. 17. Storm Drain Area Fee: Prior to recordation of the Final Map, the applicant shall pay the required Storm Drain Area fee that is $2,250.00 per acre. 18. Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permitting requirements and the California Storm Water Best Management Practices handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley Water District and the City of Campbell Municipal Code regarding Storm Water Pollution Prevention. 19. Demolition: Prior to recording of the Final Map the applicant shall obtain a Demolition permit to remove any nonconforming structures. G ' ORCH A~ * CITY OF CAMPBELL, CALIFORNIA California Environmental Quality Act INITIAL STUDY Five (5) unit residential project at 247 Shelley Avenue in Campbell March 2001 Prepared By: Kristi Bascom, Planner I City of Campbell Community Development Department 70 North First Street Campbell CA, 95008 (408) 866-2140 This statement is prepared in compliance with the California Environmental Quality Act Initial Study for 247 Shelley,4venue, Campbell Prepared on March 30, 2001 Page 2 I. BACKGROUND Name of Project: Five (5) unit residential townhouse project Application numbers PLN2001 - 13 (Tentative Subdivision Map); PLN2001-16 (Zone Change); and PLN2001-17 (Planned Development Permit) Lead Agency Name and Address: City of Campbell Community Development Department 70 N. First St. Campbell, CA 95008 Contact person and phone number: Kristi Bascom, Planner I (408) 866-2140 Project Location: 247 Shelley Avenue Campbell, CA 95008 Name and Address of Project Proponent: Andrew Latala, Eurocraf~ Development, Inc. · 1590 Edmundsen Ct. Morgan Hill, CA 94037 Project Zoning: R-M-S (Multiple Family Residential) changing to PD (Planned Development) General Plan Designation: Low-Medium Density Residential (6-13 units per gross acre) Project Description: The project consists of a five (5) unit residential townhouse development on the subject site. The project requires approval of a Zone Change (PLN2001-16) from an R-M-S (MultiPle Family Residential) Zoning District to a PD (planned Development) Zoning District; a Tentative Subdivision Map (PLN2001-13) to create five (5) residential lots and a common lot; and a Planned Development Permit (PLN2001-17) for the construction of the townhouse development. The project site plan consists of three (3) buildings, two buildings with two units each and one building with a single trait at the rear of the subject property. The common lot area will consist of a minimum 20-foot wide driveway access, common landscaped areas, fire mack turnaround area, and a utility easement for underground utilities at the public street frontage of the project. Initial Study for 247 Shelley Avenue, Campbell Prepared on March 30, 2001 Page 3 Surrounding Land Uses and Setting: The subject property is located on the north side of Shelley Avenue, west of South Bascom Avenue and east of White Oaks Avenue. The site is located within an R-M-S (Multiple-Family Residential) zoning district and is currently developed with a single-family residence and detached garage. All existing structures on the property will be demolished in conjunction with the development of this project. The site has several cedar trees on site, all of which will remain with.the new development. The site is surrounded by single-family residences to the north, townhouses to the west, and commercial uses to the south and east. All properties along Shelley Ave. are zoned either R-M-S (Multiple-Family Residential), PD (Planned Development), or C-PD (Condominium Planned Development) and are all designated Low-Medium Density Residential in the City's General Plan. Other public agencies whose approval is required: None. II. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Biological Resources Hazards & Hazardous Materials Mineral Resources Public Services Utilities / Service Systems Agriculture Resources Cultural Resources Hydrology / Water Quality i I Noise i Recreation Air Quality Geology/Soils Land Use / Planning i Population / Housing [Transportation/Traffic i M__an_datory Findings of Significance III. ENVIRONMENTAL IMPACT EVALUATION Introduction: The following evaluation has been prepared to determine if the project may have a significant impact on the environment. For the purposes of this study, a significant impact shall mean a substantial or potentially substantial change in the physical environment. Evaluations: A "No Impact" rating indicates that based upon the available information, the environmental coordinator has determined that there will be no impact on the environment. A "Less Than Significant Impact" rating indicates that the impact will be insignificant. A "Less Than Significant with Mitigation Incorporation" rating indicates that a specific change to the project (mitigation measures) could reduce the impact to a level of insignificance. A "Potentially Significant Impact" rating indicates that the impact may or will be significant. Initial Study for 247 Shelley Avenue, Campbell Prepared on March 30, 2001 Page 4 Discussion: A description of the proposed mitigation measures and the factual data or evidence used to reach conclusions regarding impact significance follows each section. The impacts of the project are summarized Section IV: Determination and Recommendation. [ Significant Potentially Less Than Less Than No Significant with Significant Impact Impact Mitigation Impact I. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare that would adversely affect day or nighttime views in the area? X X No scenic vistas or views open to the public will be impacted by the development of this project. The project has been designed to be architecturally compatible with the surrounding residential neighborhood and is consistent with the design guidelines for Low-Medium Density Residential Developments. Because there will be additional buildings on the site, there will be additional glare created, but it is not expected to be substantial. Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact II. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on aghculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? X Initial Study for 247 Shelley Avenue, Campbell Page 5 Prepared on March 30, 2001 · Potentially Less Than Less Than No Significant Significant with Significant Impact Impact Mitigation Impact Incorporation b) Conflict with existing zoning for agricultural X use, or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? X The site is a developed urban site that does not contain any valuable agricultural resources. Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than i No Significant Impact Impact III. AIR QUALITY -- Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? X X X d) Expose sensitive receptors to substantial X pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? ~ X The proposed project is a small residential infill project and will not violate any air quality standards. Standard construction practices will be implemented to ensure that short-term dust and dirt impacts due to construction are minimized. Initial Study for 247 Shelley Avenue, Campbell Page 6 Prepared on March 30, 2001 I Potentially Less Than Less Than No i t Significant Significant with Significant Impact i Impact Mitigation Impact i Incorporation ! IV. BIOLOGICAL RESOURCES -- Would the pro ect: i a) Have a substantial adverse effect, either · i directly or through habitat modifications, on any . I species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department offish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department offish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, Coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? 0 Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? X X X X X The project site is currently developed with a single-family residence, a detached garage, and a pool house. There are no endangered species or habitats of plant life and/or wildlife on or adjacent to this site. The project site has several mature cedar trees that will be preserved as part of the development of the townhouses. Initial Study for 247 Shelley Avenue, Campbell Page 7 Prepared on March 30, 2001 Potentially Less Than Less Than No I Significant Significant with ~ Significant Impact ~ Impact Mitigation I Impact J Incorporation ~ V. CULTURAL RESOURCES -- Would the project: a) Cause a substantial adverse change in the X significance of a historical resource? b) Cause a substantial adverse change in the X siL, niHcance of an archaeological resource? c) Directly or indirectly destroy a unique paleontological resource or site or unique X geologic feature? d) Disturb any human remains, including those X interred outside of formal cemeteries? ~ The project site is currently developed and there are no known archaeological and/or historical sites, structures, objects or buildings on the property. The existing building and the project site are not listed on the City's Historic Resources Inventory List. Potentially i Less Than i Significant with Impact [ Mitigation Significant Incorporation VI. GEOLOGY AND SOILS -- Would the project: Less Than Significant Impact No Impact a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence ora known fault? Refer to Division of Mines and Geology Special Publication 42. X ii) Strong seismic ground shaking? X iii) Seismic-related ground failure, including liquefaction? X X iv) Landslides? , b) Result in substantial soil erosion or the loss of X i topsoil? c) Be located on a geologic unit or soil that is , X unstable, or that would become unstable as a Initial Study for 247 Shelley Avenue, Campbell Prepared on March 30, 2001 Page 8 result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined ia Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? Potentially Significant Impact Less Than Significant with Less Than Significant Mitigation Incorporation Impact No Impact X X No geophysical impacts will occur as a result of this project. The site is not near any known earthquake fault and the project will be required to comply with all State Building Code Standards to reduce the potential for geophysical hazards. Potentially Significant Impact Less Than i Less Than Significant withi' Significant Mitigation Impact Incorporation i No Impact VII. HAZARDS AND HAZARDOUS MATERIALS -- Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site wh/ch is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, x~4thin two miles ora ublic ai ort or ublic use ....................................... P._ ........... .~ ..... X X X X X Initial Study for 247 Shelley Avenue, Campbell Prepared on March 30, 2001 Page 9 airport, would the project result in a safety hazard for people residing or working in the project area? 19 For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fares, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact X X X The site is not listed on the State of California Hazardous Waste and Substances Sites List nor will the use of the site as a residential townhouse development produce any hazardous impacts. The project is not anticipated to create any health or safety hazards. The proposed townhouse development will be required to comply with the State Building Code Standards and requirements of the Santa Clara County Fire Department. Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact VIII. HYDROLOGY AND WATER QUALITY - Would the project: a) Violate any water quality standards or waste X discharge requirements? _ b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion X X Initial Study for 247 Shelley Avenue, Campbell Prepared on March 30, 2001 Page 10 Potentially Less Than Less Than i No Significant Significant with Significant i Impact Impact Mitigation Impact Incorporation or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course ora stxeam or river, or substantially increase the rate or amount of · surface runoff in a manner which would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff?. Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure ora levee or dam? j) Inundation by seiche, tsunami, or mudflow? X X X X X X X The project will result in a minor increase in the amount of storm water nm-off from the site due to an increase in the impermeable coverage by the building and pavement. The proposed project with buildings and paved areas will cover approximately 69% of the site. Approximately 31% of the site will remain in landscaped open space areas that will allow for filtration and percolation of mn-off. A grading and drainage plan will be required by the applicant to indicate how drainage will be handled and conditions of approval will also be prepared by the City's Public Works Department and Building Division to address any pertinent issues. Therefore, the project is consistent with the planned use of the site and the potential for flooding is not significant. Initial Study for 247 Shelley,~venue, Campbell Page I 1 Prepared on March 30, 2001 I Potentially Le~s Than Le~s Than No I Significant Significant with Significant Impact ..................................... i Impact Incorporation Mitigation . Impact IX. LAND USE AND PLANNING - Would the project: a) Physically divide an established community? X b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural coamianity conservation plan? X X The proposed project as a five (5) unit townhouse development is consistent with the existing and planned land uses in the area. Minimal additional traffic will be added to the local streets. The project site is surrounded by single-family residences to the north, townhouses to the west, and commercial uses to the south and east. · The project site is currently zoned R-M-S (Multiple-Family Residential) and the General Plan land use designation is Low Medium Density Residential (6-13 units per gross acre). The proposed project will require a zone change to a Planned Development (PD) zoning district to allow the subdivision of properties for a townhouse development; however, the proposed project will result in a density of 10.6 units per gross acre, which is still consistent with the City's General Plan. Potentially Significant Impact ~ Less Than Less Than ] Significant Significant with i Mitigation [ Impact' Incorporation ~ No Impact X. MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally- important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? X X There are no known mineral resources on this site. Initial Study for 247 Shelley ,4venue, Campbell Page 12 Prepared on March 30, 2001 Potentially Less Than Less Than No Significant Significant with Significant Impact Impact Mitigation Impact Incorporation XI. NOISE: -- Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbome vibration or groundbome noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan bas not been adopted, within two miles ora public airport or public use airport, would the project expose people residing or working in the project area to excessive noise · ~ levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? X X X X X X The proposed project is a residential development that will be consistent with uses in the surrounding neighborhood and the project is not anticipated to create any additional noise impacts beyond that of normal residential use. Noise associated with construction of the project will be mitigated by the conditions of approval of the project, which will include limitations on days and times construction activities are permitted on site in compliance with the City of Campbell Municipal Code. Potentially t Less Than Significant ] Significant with Impact . Mitigation t Incorporation Less Than Significant Impact No Impact XII. POPULATION AND HOUSING -- Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing n~w .hpm~! ~!~d..~_u.i!~ii!.s_.}..~r .!~!!.[~._c..t_!E.._(f.o_[ ............... ! ......................... x Initial Study for 247 Shelley ,~venue, Campbell Prepared on March 30, 2001 Page 13 Potentially Less Than Less Than No Significant Significant with Significant Impact Impact Mitigation Impact Incorporation example, through extension of roads or other il infrastracture)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the conslxuction of replacement housing elsewhere? X The project is being built in an infill site and is completely surrounded by developed parcels. This project will not have any growth-inducing impacts nor will it necessitate the development of new infrastructure. ~: XIII. PUBLIC SERVICES Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact a) Would the project result in substantial adverse physical impacts associated with the provision of new or , physically altered governmental facilities, need for new or physically altered governmental facilities, the cons~uction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: , X Fire protection? Police protection? . X Schools? X Parks? ~ { X Other public facilities? t X The project is being built on a site already adequately served by City Services, including fire and police. This project is not expected to strain any of these resources. Potentially Significant Impact Less Than i Less Than i No Significant with i Significant i Impact Mitigation Impact i Incorporation · i XIV. RECREATION: a) Would the project increase the use of existing _ne!~ghborhood and reg_ional parks or other X Initial Study for 247 Shelley Avenue, Campbell Page 14 Prepared on March 30, 2001 Potentially i Less Than Less Than No Significant Significant with Significant Impact Impact Mitigation Impact Incorporation recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? X The project is being built on a site already adequately served by existing City recreational facilities and will not require the construction of new facilities. Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact XV. TRANSPORTATION/TRAFFIC -- Would the project: a) Cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial } increase in either the number of vehicle trips, the · i volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? X X X X X X X Initial Study for 247 Shelley ~4 venue, Campbell Prepared on March 30, 2001 Page 15 The project is being built on a site already sufficiently served by the City's existing street system. The project provides 20 parking spaces, more than the minimum number required for a project of this size and type. Potentially Significant Impact L~ Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact XVI. UTILITIES AND SERVICE SYSTEMS -- Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control X Board? b) Require or result ia the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could canse significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient wate~ supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? X X X X X g) Comply with federal, state, and local statutes I X and regulations related to solid waste? i The project will not require additional public services than akeady provided for the existing residential neighborhood. The utilities for this project including water, power, storm drainage and sewer disposal will tie into existing service mains and will not require new or altered service systems. The project is consistent with the General Plan and will neither conflict with adopted energy conservation plans, nor waste non-renewable resources. Initial Study for 247 Shelley ,4venue, Campbell Prepared on March 30, 2001 Page 16 Potentially Leas Than Leas Than No Significant Significant with Si~nificant Impact Impact Mitigation Impact Incorporation XVII. MANDATORY FINDINGS OF SIGNIFICANCE: a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below serf-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or reslrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly? X X X Initial Study for 247 Shelley ,4venue, Campbell Prepared on March 30, 2001 Page 17 IV. DETERMINATION AND RECOMMENDATION On the basis of this initial evaluation: X l find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I fred that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Date IV. SUPPLEMENTAL INFORMATION Reference Documents: 1. CEQA Guidelines, 1999 version 2. Project Plans for 247 Shelley Avenue 3. Campbell General Plan and Campbell Municipal Code Title 21 (Zoning Ordinance) ,, ,, Attachment #6 i1,-.~o,..~ ...~o..~I -.~ .,,~, ,ms .,,,~ ,:,~ , ~00~;6 e!uJOJ!I~D 'llaqdm~D anua,~¥ AallaqS sasnoqu~,o.L /q!me~ al~u!s . 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'-':- 0 -- ~---I~ED__D~Ia _--Project Location__ Attachment //7 SHELLEY 5-unit townhouse project 247 Shelley Ave PLN2001-12, 16, 17 Legend Scale 1" = 500' City Limits -- Parcel Lines 0~/18/2001 12:~1 37728~B PEPPERTREE PAGE 82 P Peppe April 18, 2001 City of Cmnpb=ll Plmmin FAX 40&-866-8381 Community Dev¢lopmenl 70 North First Street Campbell, CA 9~008-14~ Attn: Sharon Fierro, Secr Our company, Peppert South Bascom Ave., whic Avenue for which a notica proposed Zone Change fo five u~t townhomc dcvcl, parking required for the fi parking on Shelly Avanu~ degradation of the pmpe~ We are not able to a~e taken into account. Sincerely yours, Salomon Levy, iree Properties Inc. 3~25 S. 9e,~'Om Ave. Suite 220 c~m~en. CA Commission [~imrmmnt - Current Planning RE File No PLN 2001'12/16/17 ~e Properties, Inc. owns the office building and land at 3425 ~ is immediately adjaoent to the property loca~l at 247 Shelly of public hemring was just r~ceive~ We slrongly oppose the thc simple reason that the property involved is too small for a ~pmcnt. Also, we do not see how the property can provide the te towahomes. The proposcd change will lead to increased as well ~s possibly in our parking lot, which could cause a value in tiaa area. the public heating bm we hope that our position will be CITY oF CAMPBELL Community Development Department - Current Planning Aprill3,2001 NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning Commission of the City of Campbell has set the time of 7:30 p.m., or shortly thereafter, on Tuesday, April 24, :Z001, in the City Hall Council Chambers, 70 North First Street, Campbell, California, for a Public Hearing to consider the application of Eurocraft Development for approval of a Zone Change (PLN2001-16) from R-M-S (Multiple Family Residential) to PD (Planned Development); Tentative Subdivision Map (PLN2001-12) to create six lots and a Planned Development Permit (PLN2001-17) to allow the construction of a five unit townhome development on property located at 247 Shelley Avenue in a R-M-S (Multiple Family Residential) Zoning District. A Negative Declaration has been prepared for this project. Interested persons may appear and be heard at this hearing. Please be advised that if you challenge the nature of the above project in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this Notice, or in written correspondence delivered to the City of Campbell Planning Commission at, or prior to, the Public Hearing. Questions may be addressed to the Community Development Department at (408) 866-2140. Decisions of the Planning Commission may be appealed to the City Council. Appeals must be submitted to the City Clerk in writing within 10 calendar days of an action by the Commission. In compliance with the Americans with Disabilities Act, listening assistive devices are available for all meetings held in the Council Chambers. If you require accommodation, please contact the Community Development Department at (408) 866-2140, at least one week in advance of the meeting. PLANNING COMMISSION CITY OF CAMPBELL SHARON FIERRO SECRETARY PLEASE NOTE: When calling about this Notice, please refer to File No. PLN2001-12/16/17 Address: 247 Shelley Avenue 70 North First Street · Campbell, California 95008-1436 . TEL 408.866.2140 . r^X 408.866.8381 · TDD 408.866.2790 84/89/2881 13:27 d083215787 ENVIR~]N d¥1~LYSIS P~(~E 82 lle Tr n s tion Authomy Ap~lg, 2001 City of Campbell Department of Coramunity Development 70 North First Street Cag~pbe]l, CA 95008 Attention: Mm Kristri Bascom, Planner I Subject: File No. PLN 2001-12~ Shelley Avenue Dear Ms. Bascom: Sant~ Clara Valley Transpo~on Authority C~A) staff have reviewed the project referenced above for a tentative parcel map proposing a five-lot parcel subdivision, located at 247 Shelley Avenue. We have no comments at this ~ime. We appreciate the opportunity to review this project. I~ you have any questions, please call Somruthai Michelutti of my staff at (408) 321-6785. R~o~ lUo~se~ ~Sincere~ Senior Environmental Analyst RM:SCM:kh J:'~omntth~ Folder~D~opmen~-l~eview~lcmokF060~CA-Shelley.doc :]331 Nerllt First Street ·Sae Jose, CA ~5134.1906 - Admini$1rolion 408.321.5555 · (uslomer Service 408.321,2300 'ORcHA~O' CITY OF CAMPBELL Community Development Department April5,2001 Referral Agencies Subject: PLN2001-12 247 ShellcyAvenue, Campbell APN: 414-39-018 Dear Referral Agency: The Community Development Department has received the above referenced tentative parcel map for a five-lot parcel subdivision. Please forward any comments to my attention at the Community Development Department by April 13,2001. If you should have any questions regarding this referral, please do not hesitate to contact me at (408) 866-2142 Sincerely, Kristi Bascom Planner I encl: Tentative Parcel Map dist: Santa Clara County Health Department United States Post Office Campbell Union School District PG&E Pacific Bell San Jose Water Company City of San Jose Planning Dept. West Valley Sanitation District Valley Transportation Agency Green Valley Disposal TCI 70 North First Street · Campbell, California 95008-1436 · TEL 408.866.2140 - FaX 408.866.838 ! · TDD 408.866.2790 oF'c4~ CITY OF CAMPBELL Community Development Department April3,2001 Re: PLN2001-12/16/17 - 247 Shelley Avenue Dear Applicant: Please be advised that the above-referenced application has been scheduled for the following meeting: Site and Architectural Review Committee Meeting Date: Tuesday, April 10, 2001 Time: 6:20 p.m. Location: Doetsch Conference Room, City Hall, 70 N. First Street, Campbell Planning Commission Meeting Date: Tuesday, April 24, 2001 Time: 7:30 p.m. Location: City Hall Council Chambers, 70 N. First Street, Campbell Should you have any questions or comments, please do not hesitate to contact me at (408) 866- 2140. Sincerely, Kristi Bascom Planner I cc: Andrew Latala & Don Shaw/Eurocraf~ Development, Inc. (Applicants/Property Owners) 1590 Edmundson Court Morgan Hill, CA 95037 70 North First Street · Campbell, California 95008.1423 · TEL 408.866.2140 · F^X 408.866.8381 . TDD 408.866.2790 CITY OF CAMPBELL Community Development Department ENDORSEb March 30, 2001 To: County Clerk's Office Notice of the Preparation of a Negative Declaration and Public Review Period A Public Hearing is scheduled for April 24, 2001, by the Planning Commission at 7:30 p.m. in the City Council Chambers, Campbell City Hall, 70 N. First Street, Campbell, CA 95008, to consider the following projects: Public Hearing to consider the City of Campbell's 2001-2008 Capital Improvement Plan. A Negative Declaration has been prepared which concludes that no significant impacts are associated with these projects. Many of the projects are considered Categorically Exempt. Public Hearing to consider the application of Mr. Bill Hagman for a Site and Architectural Approval (PLN2000-161) and Tree Removal Permit (PLN2001-38) to remove five of 13 existing trees to allow the construction of two two-story research and development buildings, with a total of 80,000 square feet, on property located at 700-750 McGlincey Lane in an M-1-S (Light Industrial) Zoning District. A Negative Declaration has been prepared for this project. Public Hearing to consider the application of Silicon Valley Habitat for Humanity and the Campbell Redevelopment Agency for approval of a Zone Change (PLN2001-39) from R-l-6 (Single Family Residential) to PD (Planned Development); approval of a Planned Development Permit (PLN2001- 33) to allow the construction of four new single-family homes and a Tree Removal Permit (PLN2001- 40) to allow the removal of three existing trees on property located at 975 W. Campbell Avenue and 10-30 Victor Avenue in an R-l-6 (Single Family Residential) Zoning District. A Negative Declaration has been prepared for this project. Public Hearing to consider the application of Eurocraft Development for approval of a Zone Change (PLN2001-16) from R-M-S (Multiple Family Residential) to PD (Planned Development); Tentative Subdivision Map (PLN2001-12) to create six lots and a Planned Development Permit (PLN2001-17) to allow the construction of a five unit townhome development on property located at 247 Shelley Avenue in a R-M-S (Multiple Family Residential) Zoning District. A Negative Declaration has been prepared for this project. An Initial Study has been prepared for these projects and a Negative Declaration has been recommended which concludes that there are no significant environmental impacts related to these projects. The Initial Studies and Draft Negative Declarations are available for public review and comment in the Planning Department, 70 N. First Street, Campbell, CA 95008. The review period of these documents is from April 3, 2001, to April 23, 2001. Any written comments must be received in the Planning Office by April 23,2001. IN TI-Ii! Oi: "!CE O7 TIdE COUNTY CLEKK-RF. CORDE, BRENDA DA I3. COUNTY CLERK 70 North First Street · Campbell, California 95008-1436 . TEL 408.866.2 140 · FAX 408.866.838 I · TDD 408.866.2790 u.~~~ - ' O.~CH Ag.0 * NEGATIVE DECLARATION Project Description: The project consists of a five (5) unit residential townhouse development on the subject site. The project requires approval of a Zone Change (PLN2001-16) from an R-M-S (Multiple Family Residential) Zoning District to a PD (Planned Development) Zoning District; a Tentative Subdivision Map (PLN2001-13) to create five (5) residential lots and a common lot; and a Planned Development Permit (PLN2001-17) for the construction of the townhouse development. The project site plan consists of three (3) buildings, two buildings with two units each and one building with a single unit at the rear of the subject property. The common lot area will consist of a minimum 20-foot wide driveway access, common landscaped areas, fire truck turnaround area, and a utility easement for underground utilities at the public street frontage of the project. Project Location: 247 Shelley Avenue Campbell, CA 95008 Name of Project: Five (5) unit residential townhouse project Application numbers PLN2001-13 (Tentative Subdivision Map); PLN2001-16 (Zone Change); and PLN2001-17 (planned Development Permit) Name and Address of Project Proponent: Andrew Latala, Eurocraft Development, Inc. 1590 Edmundsen Ct. Morgan Hill, CA 94037 Lead Agency Name and Address: City of Campbell Community Development Department 70 N. First St. Campbell, CA 95008 Contact person and phone number: Kristi Bascom, Planner I (408) 866-2140 Negative Declaration for 247 Shelley 4ye. J:\CEQA DOCX247 Shelley Ave -- Neg Dec.doc Page 1 of 2 On the basis of the initial evaluation: X Ifind that the proposedproject COULD NOT have a significant effect on the environment. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. March 30, 2001 DATE Planner I TITLE City of Campbell NAME OF LEAD AGENCY Negative Declaration for 247 Shelley Ave. J:\CEQA DOC~47 Shelley Ave -- Neg Dec.doc Page 2 of 2 CITY OF CAMPBELL, CALIFORNIA California Environmental Quality Act INITIAL STUDY Five (5) unit residential project at 247 Shelley Avenue in Campbell March 2001 Prepared By: Kristi Bascom, Planner I City of Campbell Community Development Department 70 North First Street Campbell CA, 95008 (408) 866-2140 This statement is prepared in compliance with the California Environmental Quafity Act Initial Study for 247 Shelley Avenue, Campbell .~r..e..e.~red on Marqh_.fl..O..: 2__0_0.~ ........................................................................... Page 2 I. BACKGROUND Name of Project: Five (5) unit residential townhouse project Application numbers PLN2001-13 (Tentative Subdivision Map); PLN2001-16 (Zone Change); and PLN2001-17 (Planned Development Permit) Lead Agency Name and Address: City of Campbell Community Development Department 70 N. First St. Campbell, CA 95008 Contact person and phone number: Kfisti Bascom, Planner I (408) 866-2140 Project Location: 247 Shelley Avenue Campbell, CA 95008 Name and Address of Project Proponent: Andrew Latala, Eurocraff Development, Inc. 1590 Edmundsen Ct. Morgan Hill, CA 94037 Project Zoning: R-M-S (Multiple Family Residential) changing to PD (Planned Development) General Plan Designation: Low-Medium Density Residential (6-13 units per gross acre) Project Description: The project consists of a five (5) unit residential townhouse development on the subject site. The project requires approval of a Zone Change (PLN2001-16) fi:om an R-M-S (Multiple Family Residential) Zoning District to a PD (Planned Development) Zoning District; a Tentative Subdivision Map (PLN2001-13) to create five (5) residential lots and a common lot; and a Planned Development Permit (PLN2001-17) for the construction of the townhouse development. The project site plan consists of three (3) buildings, two buildings with two units each and one building with a single unit at the rear of the subject property. The common lot area will consist of a minimum 20-foot wide driveway access, common landscaped areas, fire track turnaround area, and a utility easement for underground utilities at the public street frontage of the project. Initial Study for 247 Shelley Avenue, Campbell Page 3 .~r..epared on Ma,rqh__3~: 20~01_ ........................................................................................................................................................................................ Surrounding Land Uses and Setting: The subject property is located on the north side of Shelley Avenue, west of South Bascom Avenue and east of White Oaks Avenue. The site is located within an R-M-S (Multiple-Family Residential) zoning district and is currently developed with a single-family residence and detached garage. All existing structures on the property will be demolished in conjunction with the development of this project. The site has several cedar trees on site, all of which will remain with the new development. The site is surrounded by single-family residences to the north, townhouses to the west, and commercial uses to the south and east. All properties along Shelley Ave. are zoned either R-M-S (Multiple-Family Residential), PD (Planned Development), or C-PD (Condominium Planned Development) and are all designated Low-Medium Density Residential in the City's General Plan. Other public agencies whose approval is required: None. II. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics i i Agriculture Resources Air Quality B~olog~cal Resources i i Cultural Resources Geology/Soils Hazards & Hazardous ] Hydrology / Water I ] Land Use / Planning Materials Mineral Resources Public Services _.._U~i!.i~!es._./_S ervic_e. Systems_ Noise [ ~Population / Housing Recreation Transportation/Traffic _M~_datory__Findings of Si~_ifieance III. ENVIRONMENTAL IMPACT EVALUATION Introduction: The following evaluation has been prepared to determine if the project may have a significant impact on the environment. For the purposes of this study, a significant impact shall mean a substantial or potentially substantial change in the physical environment. Evaluations: A "No Impact" rating indicates that based upon the available information, the environmental coordinator has determined that there will be no impact on the environment. A "Less Than Significant Impact" rating indicates that the impact will be insignificant. A "Less Than Significant with Mitigation Incorporation" rating indicates that a specific change to the project (mitigation measures) could reduce the impact to a level of insignificance. A "Potentially Significant Impact" rating indicates that the impact may or will be significant. Initial Study for 247 Shelley Avenue, Campbell Page 4 Discussion: A description of the proposed mitigation measures and the factual data or evidence used to reach conclusions regarding impact significance follows each section. The impacts of the project are summarized Section IV: Determination and Recommendation. I. AESTHETICS -- Would the project: Potentially Significant Impact Significant with Significant Impact Mitigation Impact Incorporation I a) Have a substantial adverse effect on a scenic X vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock ] X outcroppings, and historic buildings within a state scenic highway? character or quality of the site and its X surroundings? .. d) Create a new source of substantial light or glare that would adversely affect day or nighttime .............................................................. No scenic vistas or views open to the public will be impacted by the development of this project. The project has been designed to be architecturally compatible with the surrounding residential neighborhood and is consistent with the design guidelines for Low-Medium Density Residential Developments. Because there will be additional buildings on the site, there will be additional glare created, but it is not expected to be substantial. Potentially Less Than Less Than No Significant Significant with I Significant Impact Impact Mitigation ] Impact ........................................................................................... Incorporation 1 ................................................................................................ II. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? Initial Study for 247 Shelley Avenue, Campbell .P_r_ e_~r_e_d__on M.ar__ch 30,__200__~1 ............. Page 5 Potentially Less Than Less Than No Significant Significant with Significant Impact Impact b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? Mitigation Impact Incorporation X c) Involve other changes in the existing environment which, due to their location or ~ X nature, could result in conversion of Farmland, to non-agricultural use? I The site is a developed urban site that does not contain any valuable agricultural resources. ~ Potentially Less Than Less Than [ No i Significant Significant with Significant I Impact I Impact Mitigation Impact I Incorporation ............................................. [ ............................................... III. AIR QUALITY -- Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the X applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air X quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? X The proposed project is a small residential infill project and will not violate any air quality standards. Standard construction practices will be implemented to ensure that short-term dust and dirt impacts due to construction are minimized. Initial Study for 247 Shelley Avenue, Campbell Page 6 Significant i Significant with i Significant Impact Impact Mitigation ! Impact I Incorporation IV. BIOLOGICAL RESOURCES -- Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department offish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? X X X X The project site is currently developed with a single-family residence, a detached garage, and a pool house. There are no endangered species or habitats of plant life and/or wildlife on or adjacent to this site. The project site has several mature cedar trees that will be preserved as part of the development of the townhouses. Initial Study for 247 Shelley Avenue, Campbell ~p_.~.e..d_ on Marc_h__30, 2____0_0_.1_ ....................................................... Page 7 SignificantPotentially Significant Less Than with ............................................................. Significant Less Than Impact No Impact Mitigation Impact ......................................................................................... _I_.nc°rp°ratio..n.. ................................................................................................................... V. CULTURAL RESOURCES -- Would the project: a) Cause a substantial adverse chang ] X b) Cause a substantial adverse change in the i X significance of an archaeological resource? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? X The project site is currently developed and there are no known archaeological and/or historical sites, structures, objects or buildings on the property. The existing building and the project site are not listed on the City's Historic Resources Inventory List. Potentially Less Than Less Than ] No Significant Significant with Significant ! Impact Impact Mitigation Impact VI. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other X substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? X iii) Seismic-related ground failure, including X liquefaction? ~ X iv) Landslides? ~ i b) Result in substantial soil erosion or the loss of i ~ X i topsoil? i i I c) Be located on a geologic unit or soil that is ' X i......~.?...a..b...l_e, or that would become unstable as a ................................................................................................. .Initial Study for 247 Shelley Avenue, Campbell Page 8 Potentially Less Than Less Than No Significant Significant with Significant Impact Impact Mitigation Impact Incorporation result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water X disposal systems where sewers are not available . · ~ for the disposal of waste water? ] ] No geophysical impacts will occur as a result of this project. The site is not near any known earthquake fault and the project will be required to comply with all State Building Code Standards to reduce the potential for geophysical hazards. Potentially Less Than LeSS"Than-'-], No · '""-'"'- '"'"'"'""'-' i ....._... Significant Significant with Significant ] Impact Impact Mitigation Impact Incorporation VII. HAZARDS AND HAZARDOUS MATERIALS -- Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, ..... ..wi_'._tlD~- two miles o__fa__public airport or public use X Initial Study for 247 Shelley Avenue, Campbell Page 9 .P(epar. e~ d_°_n Mar. cl~_?.o__, .2__O. OJ_ ................................................................................................................................................................................................................................................ for people residing or working in the project area? f) For a project within the vicinity ora private airstrip, would the project result in a safety hazard for people residing or working in the Potentially Significant Impact Less Than Less Than No Significant with Significant Impact Mitigation Impact Incorporation X project area? g) Impair implementation of or physically X interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? The site is not listed on the State of California Hazardous Waste and Substances Sites List nor will the use of the site as a residential townhouse development produce any hazardous impacts. The project is not anticipated to create any health or safety hazards. The proposed townhouse development will be required to comply with the State Building Code Standards and requirements of the Santa Clara County Fire Department. Potentially Less Than Less Than No Significant Significant with Significant Impact Impact Mitigation Impact Incorporation VIII. HYDROLOGY AND WATER QUALITY -- Would the project: a) Violate any water quality standards or waste X discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- X existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the X alteration of the course of a stream or river, in a manner which would result in substantial erosion Initial Study for 247 Shelley Avenue, Campbell Page 10 .P..(ep~r. efl_ on M?c:h_..3_ O, 20~0...1._ .......................................................................................................................................................................................................... Potentially Less Than Less Than No Significant Significant with Significant Impact Impact Mitigation Impact Incorporation or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or X substantially increase the rate or amount of surface runoff in a manner which would result in .....fl.. ~.~ ~..g__o_n_ -_ ~o.r_..O' ~-. ~si t__e_.V. ................................................. t .................................................................................................................................................................. e) Create or contribute runoffwater which would exceed the capacity of existing or planned X stormwater drainage systems or provide substantial additional sources of polluted runoff7. f) Otherwise substantially degrade water quality? X g) Place housing within a lO0-year flood hazard area as mapped on a federal Flood Hazard X Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? X The project will result in a minor increase in the amount of storm water mn-off from the site due to an increase in the impermeable coverage by the building and pavement. The proposed project with buildings and paved areas will cover approximately 69% of the site. Approximately 31% of the site will remain in landscaped open space areas that will allow for filtration and percolation of mn-off. A grading and drainage plan will be required by the applicant to indicate how drainage will be handled and conditions of approval will also be prepared by the City's Public Works Department and Building Division to address any pertinent issues. Therefore, the project is consistent with the planned use of the site and the potential for flooding is not significant. Initial Study for 247 Shelley Avenue, Campbell Page 11 Significant Significant with / Significant ] Impact I Impact Mitigation ! Impact l ............................... Incorporation .[ IX. LAND USE AND PLANNING - Would the project: a) Physically divide an established community? X b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? I The proposed project as a five (5) unit townhouse development is consistent with the existing and planned land uses in the area. Minimal additional traffic will be added to the local streets. The project site is surrounded by single-family residences to the north, townhouses to the west, and commercial uses to the south and east. The project site is currently zoned R-M-S (Multiple-Family Residential) and the General Plan land use designation is Low Medium Density Residential (6-13 units per gross acre). The proposed project will require a zone change to a Planned Development (PD) zoning district to allow the subdivision of properties for a townhouse development; however, the proposed project will result in a density of 10.6 units per gross acre, which is still consistent with the City's General Plan. Significa;Yt Significant with Significant Impact Impact Mitigation Impact Incorporation X. MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally- important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? There are no known mineral resources on this site. Initial Study for 247 Shelley ~4venue, Campbell .p...~a__re_d_.o_n M_arch_ 3_.O.,..?_O_.O~l .......................................... Page 12 Significant Significant with I Significant Impact Impact Mitigation I Impact XI. NOISE: -- Would the project result in: a) Exposure &persons to or generation of noise levels in excess of standards established in the X local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbome vibration or groundborne X noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels X existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above X levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use X airport, would the project expose people residing or working in the project area to excessive noise levels? 0 For a project within the vicinity of a private airstrip, would the project expose people residing X or working in the project area to excessive noise levels? The proposed project is a residential development that will be consistent with uses in the surrounding neighborhood and the project is not anticipated to create any additional noise impacts beyond that of normal residential use. Noise associated with construction of the project will be mitigated by the conditions of approval of the project, which will include limitations on days and times construction activities are permitted on site in compliance with the City of Campbell Municipal Code. Potentially Less Than Less Than No Significant Significant with Significant Impact Impact Mitigation Impact Incorporation XII. POPULATION AND HOUSING -- Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for Initial Study for 247 Shelley Avenue, Campbell Page 13 .P[ epa~d..?.t~./~!a~TdL 3 ~...:2 00.~ ................................................................................................................................................................................................................................................................................................................................................ example, through extension of roads or other infrastructure)? Potentially Significant Impact Less Than Significant with Mitigation Incorporation b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Less Than No Significant Impact Impact The project is being built in an infill site and is completely surrounded by developed parcels. This project will not have any growth-inducing impacts nor will it necessitate the development of new infrastructure. Potentially Less Than I Less Than No Significant Significant withI Significant Impact Impact Mitigation Impact ......................................................................................................... ................................................................................................................. XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? X Police protection? X Schools? ......................................................... , ............................................................................... '~' ........................ Parks? X Other public facilities? t X The project is being built on a site already adequately served by City Services, including fire and police. This project is not expected to strain any of these resources. [ Significant I Significant with Significant Impact ~ Impact ~ Mitigation Impact .......................................... ] ] Incorporation XIV. RECREATION: a) Would the project increase the use of existing i il ....................................... !1 ................................ ~-- ..................................... X i neig~12.0.rl~9.d......a~..d...re_g~s[!~[p_ar~...pr.p~r' ................................... j ......... Initial Study for 247 Shelley Avenue, Campbell Page 14 . pr~ep.a..r.~d...o_ n__.M_a_rc_n 3__0.,_...200! ........................................................................................................................................................................................................................ recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Potentially Significant Impact Less Than Less Than No Significant with Significant Impact · Mitigation Impact Incorporation b) Does the project include recreational facilities I or require the construction or expansion of [ I X recreational facilities that might have an adverse i ...~y__sisa??ect °_~_n....~.e...envir~..r~_ ent__~_? ............................. ! ...................................................................................................................................................... The project is being built on a site already adequately served by existing City recreational facilities and will not require the construction of new facilities. Significant [ Significant with Significant i Impact Impact I Mitigation Impact ................................................................................................................. t.__[~_c_°.r__P° rati~..n.. ................................... [ ..................................................... XV. TRANSPORTATION/TRAFFIC -- Would the project: a) Cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial X increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the X county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a X change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous ! X intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? ~ X X 0 Result in inadequate parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation X (e.g., bus turnouts, bicycle racks)? . Initial Study for 247 Shelley Avenue, Campbell Page 15 The project is being built on a site already sufficiently served by the City's existing street system. The project provides 20 parking spaces, more than the minimum number required for a project of this size and type. Potentially Significant Impact XVI. UTILITIES AND SERVICE SYSTEMS -- Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? Less Than Less Than No Significant with I Significant Impact Mitigation ] Impact Inc°rP°__r.a.?.01[__L ................................................................................................................ X b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction X of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of X existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and X resources, or are new or expanded entitlements ~ needed? e) Result in a determination by the wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the ~ X project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? i X The project will not require additional public services than already provided for the existing residential neighborhood. The utilities for this project including water, power, storm drainage and sewer disposal will tie into existing service mains and will not require new or altered service systems. The project is consistent with the General Plan and will neither conflict with adopted energy conservation plans, nor waste non-renewable resources. Initial Study for 247 Shelley Avenue, Campbell Page 16 on 200/______ Potentially Less Than Less Than No Significant Significant with Significant Impact Impact Mitigation Impact 'I ..................................................................................................................................................................................... '"I-n-c-°- -r P ° r a-t '-0'~' ......................................................................................................................... i XVII. MANDATORY FINDINGS OF SIGNIFICANCE: a) Does thc project have thc potential to degrade the quality of thc environment, substantially reduce thc habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant X or animal community, reduce the number or restrict thc range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prchistory? b) Does thc project have impacts that arc individually limited, but cumulatively considerable? "Cumulatively considerable" means that thc incremental effects of a project arc X considerable when viewed in connection with the effects of past projects, thc effects of other current projects, and thc effects of probable .... ~..c....l~.r. gj.~£.t...s).~ ................................................................................................................................... c) Does thc project have environmental effects , [ X that will cause substantial adverse effects on Initial Study for 247 Shelley Avenue, Campbell .e..a. . .L3 .!_ ................................................ Page 17 IV. DETERMINATION AND RECOMMENDATION On the basis of this initial evaluation: X Ifind that the proposedproject COULD NOT have a significant effect on the environment, and a NEG,4 TIVE DE CL,4RA TION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Sig~nature Date IV. SUPPLEMENTAL INFORMATION Reference Documents: 1. CEQA Guidelines, 1999 version 2. Project Plans for 247 Shelley Avenue 3. Campbell General Plan and Campbell Municipal Code Title 21 (Zoning Ordinance) Giuliani. & Kull, Inc. San Jose - Oakdale - Auburn March 26, 2001 Harold Housley City of Campbell Public Works Department 70 North First Street Campbell, CA 95008-1436 Subject: Job No. 00224 - 247 Shelley Avenue Dear Harold: In response to City comments we have revised the Tentative Map and prepared a Preliminary Grading Plan for the proposed Townhouse Project at 247 Shelley Avenue in Campbell. I would like to call your attention to the proposed storm drain extension within Shelley Avenue. As there are no storm drain facilities within Shelley Avenue along the property, frontage we are proposing to extend the existing, relatively shallow City of Campbell storm drain line easterly to serve our project. Due to inadequate cover this will require a concrete cap on the line. I have also reviewed your preliminary conditions of approval for the project and have several comments/requests. They are as follows: Right of Way for Public Street Purposes - I do not believe that additional right of way dedication should be required for this property. On the attached copy of a portion of the map of Tract 23 - Shelley Subdivision you can see that Shelley Avenue was originally dedicated at 40 and 49 feet wide with a note indicating that further dedication to create a 60 foot rig2tt of was to come fi.om properties to the south. Please review this and remove this requirement from the conditions. Public Service Ea$ements- A 10 foot wide PSE will be shown for dedication on the Final Map. Please revise this condition to indicate same, rather than requiring it be dedicated by separate instrument prior to recordation of the map. Easements - Private utility, storm drain, ingress and egress easements will be reserved on the final map and dedicated as the properties sell, as will be stipulated in the CC and Rs. Given that the individual properties will not exist prior to recordation of the map. and the fact that a party cannot grant easements to oneself, the dedication prior to recording the map is not feasible. 4880 Stevens Creek Blvd., Suite 205 · Son Jose, CA 95129 · (408) 615-4000 · Fax (,~7,8) 5'5-,~CCx If you have questions regarding these matters, please feel flee to call. Thank you for your assistance in processing this project. Sincerely, GIULIANI AND KULL, INC. Susan Roberts, P.E., P.L.S. CITY OF CAMPBELL Community Development Del~artment February 16, 2001 Mr. Martin Williams Williams Residential Design 200 Bumett Avenue No. 106 Morgan Hill, CA 95037 Subject: PLN2001-16 and PLN2001-17 - $ Townhouses at 247 Shelley Avenue Dew Marty, The Planning Division has received your submission of Zone Change and Planned Development applications for the 5-unit townhouse project on Shelley Ave. in Campbell. After reviewing the submittal, we have determined that some corrections need to be made before we can deem the application complete. Please make the additions/corrections that are shown on the enclosed set of red-lined plans· The Department of Public Works has also made comments on items that need to be added to the preliminary grading and drainage plan (sheet A 1-1). If you have any questions, feel free to give me a call at (408) 866-2142. When you re-submit the plans, please also return the red-lined copy. Sincerely, Kristi Bascom Planner I encl: CC: Red-lined plans Planning Division Planned Development checklist Geoff Bradley, Senior Planner Eurocraft Development, Andrew Latala, 1590 Edmundsen Ct., Morgan Hill, CA 95037 70 North First Street - Campbell, California 95008-1436 - TEL 408.866.2140 · FAX 408.866.8381 . TDD 408.866.2790 CITY oF CAMPBELL Community Development Department February 15,2001 Susan Roberts Giuliani and Kull 4880 Stevens Creek Blvd., Suite 205 San Jose, CA 95129 Dear Ms. Roberts, Re: PLN2001-12, Tentative Subdivision Map for 247 Shelley Ave. in Campbell (APN No. 414-39-018) The Planning Division has received your submission of the Tentative Subdivision Map for the 5-unit townhouse project on Shelley Ave. in Campbell. After reviewing the submittal, we have determined that the application is incomplete. Please make the following additions/corrections: 1. Please provide a sheet that details the proposed townhouses in relation to the subdivided lots. Lot 6 should encompass all common area for the project, including the fire track turnaround area (between Lots 2 and 3), the street frontage facing Shelley Ave. in front of Lot 1, and any other property that is going to be maintained in common by the Homeowners Association. Typically, the individual lots will include only the building footprint and the private backyard area. 2. On the Tentative Map, please indicate the existing use of the parcel and the existing zoning and General Plan designations: Existing Use: Single-family residential Existing Zoning: R-M-S (Multi-family residential) Existing General Plan: Low-Medium Density Residential (6-13 units/gross acre) Please find enclosed a red-lined copy of the Tentative Map for your review and correction, a copy of the Department of Public Works preliminary Conditions of Approval that state the items that should be shown on the Tentative Map, and a copy of the Planning Division checklist. Feel free to phone me at (408) 866-2142 if you have any questions about the requested changes. When you resubmit the plans, please return the red-lined version as well. Sincerely, Kristi Bascom Planner I encl: Comment draft copy of red-lined plans Department of Public Works preliminary Conditions of Approval Planning Division checklist for the Tentative Map CC: Geoff Bradley, Senior Planner Eurocraft Development, Andrew Latala, 1590 Edmundsen Ct., Morgan Hill, CA 95037 70 North First Street · Campbell, California 95OO8-1436 - TEl.. 408.866.2140 . V^X 408.866.838 I . TDD 408.866.2790 To: dilliams Residential Desi~~ Development Schedule City Of Campbell 70 North First Street Campbell, Calif. 95008 408-866-2140 Date: 2/8/2001 Attn: Kristi Bascom Re: 247 Shelly Ave. Plan to start date: on issues of building permit. Plan to finish date: approximatly 9-months of construction time required for this project. 200 BURNETY AVE. #106- MORGAN HILL, CA 95057' (408) 779-8469 ° O.q C H .~. ~.0° Tentative Subdivision Map Application c~, or More Lots) File No. Planning Department 70 North First Street, Campbell, California 95008 (408) 866-2140 PROJECT ADDRESS: 7.- t't7 ASSESSOR'S PARCEL NUMBER: ADDRESS: ~L~O ~g4n. t4' ~/gt ~' ~ ~/~"- Cm,'/STAT~.: An.O ~- AA~ M£t ~.- (~ ~- T~rEPHONE: ( ttOI' zip: PROPERTY OWNER: ApO D2~N LA-T~t~A ,A~up p,q-/o ADDRESS: J.~qO E.0 /1/LH,,.R/~..( O~ ~r~- TELEPHONE: ENGINEER: ~;lat/A/OI ,1,0o MALL, /~/-,, CIT /S'rATE: ;C_.A, ZIP: CONTACT PERSON: AFFIDAVIT/SIGNATURE(S): The undersigned person(s), having an interest in the above-described property, hereby make this application in accordance with the provisions of the Campbell Municipal Code; and, hereby certify that the information given herein is tree and correct to the best of my/our knowledge and belief. Engineer's Signature Date Pro~e'rty 'Owner's Date NOTE: Staff is required by State Law to notify applicants of the completeness of their applications within 30 days. Only those applications which are found complete will be processed. 'Fee Paid: d Completeness Letter: 300 Foot Notices Mailed: Press Notice Published: Categorical Exemption: OFFICE USE ONLY Rvsd.7/28/00 Tentative Map Attachment B Environmental Assessment PROJECT SUMMARY INFORMATION TO BE FILLED OUT BY APPLICANT Zoning: ~2.~ 6 General Plan Designation: Proposed Use: ,5' A-i~Act~_~/_O~TAC~_ ~,t~$ Existing Use: Number of Proposed Lots: ~-/,a~?. ¢0~'"~verage Lot Size: Gross Site Size: ~ ~3 ,~/~ ~_~. lc'./. Net Site Size: Surrounding Uses: North: ~;~ O&ur'~Ac. East: Are the following items applicable to the project or its effects? Yes No 1. Change in existing features of any lakes, hills, or substantial alteration of ground contours 2. Change in scenic views or vistas from existing residential areas or public lands or roads. 3. Change in pattern, scale or character of the general area surrounding the project. 4. Significant amounts of solid waste or litter. 5. Change in dust, ash, smoke, fumes or odors in vicinity. 6. Change in lake, stream or ground water quality or quantity, or alteration of existing drainage patterns. 7. Substantial change in existing noise or vibration levels in the vicinity. 8. Proposed development is on a filled site or on a slope of 10 percent or more. 9. Use of and/or disposal of potentially hazardous materials, such as toxic substances, flammables or explosives. f10. Substantial change in the demand for municipal services (,police, fire, water, etc.). 11. Substantial increase in the demand for fossil fuel consumption (electricity, oil, natural gas, etc.). 12. Relationship to larger project or series of projects. 13. Additional traffic generation or parking demand. Discuss below all of the above items checked yes. (Attach additional sheets as necessary) Rvsd. 7/28/00 Tentative Map Environmental Assessment Page 2 14. Describe the project site as it exists, include information on topography, soil stability, plants and animals, and any cultural, histo .rical or scenic aspects. Describe any existing structures on the s;ite, 15. Describe surrounding properties, including information on plants and animals, and any cultural, historical or scenic aspects. Indicate the intensity of land use and the scale of development (height, frontage, setbacks, etc.) Atog-T/4 - ~/Ar~ ,~;oo~./~£ $7'oNf ~lto,~l~ff_. ff',2xsq~tc.,'( ~[ffbllT~~ 16. Are there currently any other development applications associated with this property (i.e. Site and chitectural Review, Planned DeVelopment Permit, etc3~f so, please list them. Rvsd. 7/28/00 ' O.qcH A~L9 ' Attachment C West Valley Sanitation District 4 Acknowledgment NOTICE TO APPLICANTS REGARDING EFFECT OF WASTE WATER TREATMENT CAPACITY ON LAND DEVELOPMENT APPROVALS PURSUANT TO DEVELOPMENT OF APN: ~. ! ~_ - 7~'~-OtO(2 Please take notice that no vested right to a building permit shall accrue as the result of the granting of any land development approvals and applications. Pursuant to the adoption of Ordinance 9.045 by West Valley Sanitation District 4, the agency providing the above described parcel(s) with sewer service, if the District's Manager and Engineer makes a determination that the issuance of a sewer connection permit to a building, or proposed building, on the above described property, will, in his opinion, cause the District to exceed its ability to treat adequately the waste water that would result fi:om the issuance of such connection permit, then said permit may not be issued, and, hence, no building permit may be issued by this agency. If the sewer connection permit is issued, it may contain substantive conditions designed to decrease the waste water associated with any land use approval. 'ACKNOWLEDGEMENT By signing below, the applicant acknowledges, at the time of application, that he/she fully understands the above. Address of Proposed Development Date Distribution Original to: West Valley Sanitation, District No. 4 100 East Sunnyoaks Avenue Campbell, CA 95008 Copies to: File Applicant Rvsd. 7/28/00 Attachment D Contribution Disclosure Form Page 2 TO BE FILLED OUT BY APPLICANT ~ IF CONTRIBUTIONS TOTALING $250 HAVE NOT BEEN MADE, CHECK HER.E, AND SIGN I. BELOW IN SECTION HI. II. TO BE COMPLETED ONLY IF CONTRIBU~ONS TOTALING $250 OR MORE HAVE BEEN MADE. NAME: ADDRESS: ZIP: TELEPHONE NO: LIST COMMISSION MEMBER(S) TO WHOM YOU AND/OR YOUR AGENT MADE CAMPAIGN CONTRIBUTIONS TOTALING $250 OR MORE, AND THE DATES OF THOSE CONTRIBUTIONS. NAME: CONTRIBUTOR: (if other than yourself) DATE (S): AMOUNT (S): NAME: CONTRIBUTOR: DATE (S): AMOUNT (S): (if other than yourself) (if other than yourself) NAME: CONTRIBUTOR: DATE (S): AMOUNT (S): III. SIGNATURE S{g~ami~e of App~t DATE: Rvsd. 7/28/00 Development Application Planning Department File No. 70 North First Street, Campbell, California 95008 (408) 866-2140 ZONING: ~ ~ ~ OEm~L PLAN: ~E OF APPLICATION(S): APPLICANT: ADDRESS: CITY/STATE: ADDRESS: /~ 7 D .~D/fi~///O~JDAJ t"?/~, TELEPHONE: ~.)t~} -~27" O Z _7,/ CITY/STATE: .]~tg~,.~ /4//,,/' / dA, ziP: ?'_~o'~? Attach a separate sheet listing the names and addresses of others you wish to receive copies of staff reports and agendas. AFFIDAVIT/SIGNATURE(S): The undersigned person(s), having an interest in the above-described property, hereby make this application in accordance with the provisions of the Campbell Municipal Code; and, hereby certify that the information given herein is tree and correct to the best of my/our knowledge and belief. Si Date er' e Date NOTE: Staff is required by State Law to notify applicants of the completeness of their applications within 30 days. Only those applications which are found complete will be placed on the Planning Commission Agenda. OFFICE USE ONLY PC Meeting: PC Action: CC Meeting: CC Action: Fee Paid: Receipt No: · : ~,; ss ~~t: · 300 FOOt Notices Mailed: Press Notice Publisheii: Notice 'OfPrep/PUblic Review:. lqotice of Determh~tion: ,,,:.:: ~ ,:,'~ Zone Change Supplemental Application Page 2 PROJECT SUMMARY INFORMATION TO BE FILLED OUT BY APPLICANT Requested Zone Change: Existing General Plan Designation: Proposed General Plan Designation: Existing Zoning: Proposed Zoning: Existing Use: Proposed Use: Surrounding Uses: North: South: oPFI¢~. /CbY.(l~tE.t%c/A1 . East: West: ENVIRONMENTAL INFORMATION Are the following items applicable to the project or its effects? Yes No 1. Change in existing features of any lakes, hills, or substantial alteration of ground contours. 2. Change in scenic views or vistas from existing residential areas or public lands or roads. 3. Change in pattern, scale or character of the general area surrounding the project. 4. Significant amounts of solid waste or litter. 5. Change in dust, ash, smoke, fumes or odors in vicinity. 6. Change in lake, stream or ground water quality or quantity, or alteration of existing drainage patterns. 7. Substantial change in existing noise or vibration levels in the vicinity. 8. Proposed development is on a filled site or on a slope of l0 percent or more. 9. Use of and/or disposal of potentially hazardous materials, such as toxic substances, flammables or explosives. 10. Substantial change in the demand for municipal services (police, fire, water, etc.). 11. Substantial increase in the demand for fossil fuel consumption (electricity, oil, natural gas, etc.). 12. Relationship to larger project or series of projects. 13. Additional traffic generation or parking demand. RVSD. 7/28/00 Zone Change Supplemental Application Page 3 Discuss below all of the~~tems checked yes. (Attach additional sheets as necessary) 14. Describe the project site as it exists, include information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site. 15. Describe surrounding properties, including information on plants and animals, and any cultural, historical or scenic aspects. Indicat, e._thelj,~,tensity of land use and the scale of development (height, frontage, setbacks, etc.) RVSD. 7/28/00 ° ORCH A~L~) ° Attachment C West Valley Sanitation District 4 Acknowledgment NOTICE TO APPLICANTS REGARDING EFFECT OF WASTE WATER TREATMENT CAPACITY ON LAND DEVELOPMENT APPROVALS ~PURSU~ TO DEVELOPMENT OF APN: "~/4' ~"~- Z)/~ Please take notice that no vested right to a building permit shall accrue as the result of the granting of any land development approvals and applications. Pursuant to the adoption of Ordinance 9.045 by West Valley Sanitation District 4, the agency providing the above described parcel(s) with sewer service, if the District's Manager and Engineer makes a determination that the issuance of a sewer connection permit to a building, or proposed building, on the above described property, will, in his opinion, cause the District to exceed its ability to treat adequately the waste water that would result from the issuance of such connection permit, then said permit may not be issued, and, hence, no building permit may be issued by this agency. If the sewer connection permit is issued, it may contain substantive conditions designed to decrease the waste water associated with any land use approval. ACKNOWLEDGEMENT By signing below, the applicant acknowledges, at the time of application, that he/she fully understands the above. Address of Proposed Development O/ Date Distribution Original to: West Valley Sanitation, District No. 4 100 East Sunnyoaks Avenue Campbell, CA 95008 Copies to: File Applicant Rvsd. 7/28/00 ,4ttachment D Contribution Disclosure Form Page 2 TO BE FILLED OUT BY APPLICANT I. [~] IF CONTRIBUTIONS TOTALING $250 HAVE NOT BEEN MADE, CHECK HERE, AND SIGN BELOW IN SECTION III. II. TO BE COMPLETED ONLY IF CONTRIBUTIONS TOTALING $250 OR MORE HAVE BEEN MADE. NAME: ADDRESS: ZIP: TELEPHONE NO: LIST COMMISSION MEMBER(S) TO WHOM YOU AND/OR YOUR AGENT MADE CAMPAIGN CONTRIBUTIONS TOTALING $250 OR MORE, AND THE DATES OF THOSE CONTRIBUTIONS. NAME: CONTRIBUTOR: (if other than yourself) DATE (S): AMOUNT (S): NAME: CONTRIBUTOR: DATE (S): AMOUNT (S): (if other than yourself) (if other than yoursel0 NAME: CONTRIBUTOR: DATE (S): AMOUNT (S): III. SIGNATURE DATE: ~'"'/-~/ Rvsd. 7/28/00 ORCH Ag,.'0 Attachment E Hazardous }Yaste & Substance Sites Disclosure Form This form must be completed by development applicants per the provisions of Government Code Section 65962.5. As part of the development application process, you must complete this disclosure form, certifying that you have reviewed the current CAL-EPA Department of Toxic Substances Control Facility Inventory Data Base Hazardous Waste and Substances Sites List (available at the Planning Department, City of Campbell) and indicate below whether your project site is included on this list. Project Site Address: Proposed Project: ¢ CD Yes, the above-referenced site is included on the CAL-EPA Department of Toxic Substances Control Facility Inventory Data Base Hazardous Waste and Substances Sites List. Applicant Signature No, the above-referenced site is not included on the CAL-EPA Department of Toxic Substances Control Facility Inventory Data Base Hazardous Waste and Substances Sites List. /~ ~ Date 2-/--aSP/' Please provide this completed form to the City of Campbell, Planning Department, 70 N. First Street, Campbell, CA 95008, together with the application for development. Rvsd. 7/28/00 Development Application 0t? C Iq h ~. 9 ' Planning Department FileNo. ZO0I -- 1'0c 70 North First Street, Campbell, California 95008 (408) 866-2140 ZONr O: fl2 5 PROPERTY ~D~SS: ¢~F ~E OF APPLICATION(S): DATE FILED: GENERAL PLAN: APPLICANT: PROPERTY OWNER: ADDRESS: CITY/STATE: Aaach a separate sheet list~g ~e names and ad~esses of o~ers you ~sh to receNe copies of stuff repom ~d agents. AFFIDAVIT/SIGNAl(S): ~e undersigned person(s), hav~g accor~nce wi~ ~e provisions of ~e Cmpbell M~icipal ~de; ~d, hereby ceffi~ ~at ~e gomhon given hereN is me and co~ect to ~e best of my/o~ ~owledge ~d belief. Ap¢i&nt's Signam{e Date ~e~ O~er's Si~e Date NOTE: Suffis requked by State Law · ose applications whch are fo~d complete ~11 be placed on ~e Planning Comaion Agent. OFFICE USE ONLY PC Meeting: PC Action: CC Meeting: CC Action: Fee Paid: Receipt No: Planned Development Permit Supplemental Application Page 2 PROJECT SUMMARY INFORMATION TO BE FILLED OUT BY APPLICANT Zoning: .]~t~ ~, General Plan Designation: Proposed Use: dj JX-'~&,rt4~i2/lYb~atlt~r2 tj~a,o~a,ffrm~g Existing Use: Gross Floor Area: V7 ~"/O ' ' Floor Area Ratio: No. of Stories: /J-' Net Lot Size: Lot Coverage: ~d/?~ 3d,,,cZ. Landscape Coverage: Surrounding Uses: North: /'d£<it 00.o~ C. East: Parking Spaces Provided: _~0 ~'~d'~' ~ _4~.t~r. Pavement Coverage: West: ,d4~/.z.?t gg, o(7~ Av~O~7~ ENVIRONMENTAL INFORMATION Are the following items applicable to the project or its effects? Yes No 1. Change in existing features of any lakes, hills, or substantial alteration of ground contours. 2. Change in scenic views or vistas fi.om existing residential areas or public lands or roads. 3. Change in pattem, scale or character of the general area surrounding the project. 4. Significant amounts of solid waste or litter. 5. Change in dust, ash, smoke, fumes or odors in vicinity. 6. Change in lake, stream or ground water quality or quantity, or alteration of existing drainage patterns. 7. Substantial change in existing noise or vibration levels in the vicinity. 8. Proposed development is on a filled site or on a slope of 10 percent or more. 9. Use of and/or disposal of potentially hazardous materials, such as toxic substances, flammables or explosives. 10. Substantial change in the demand for municipal services (police, fire, water, etc.). 11. Substantial increase in the demand for fossil fuel consumption (electricity, oil, natural gas, etc.). 12. Relationship to larger project or series of projects. 13. Additional traffic generation or parking demand. Discuss below all of the above items checked yes. (Attach additional sheets as necessary) RVSD. 7/28/00 Planned Development Permit Supplemental Application Page 3 14. Describe the project site as it exists, include information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site. 15. Describe surrounding properties, including information on plants and animals, and any cultural, historical or scenic aspects. Indicate tile intensity of land use ~d the scale of development (height, frontage, setbacks, etc.) 1 RVSD. 7/28/O0 Planned Development Permit Attachment A Page 3 PROJECT SUMMARY · Assessors Parcel Number: · Lot Size: · Gross sq. ft. (Property to center line of street) Net sq. ft. · Utilization: Building Coverage (include cantilever portions) Landscape Coverage Paving Coverage Sq. ft. Percent % · Floor Area Ratio: Total building sq. ft. divided by net lot size · Adjacent Land Uses North South East West Zoning · Parking Standard · TOTAL Compact Handicap Restaurant and Assembly Uses Seating Count Residential Projects Unit Type · Living Area · Garage Area 'Total Area No. of Bedrooms · Number of Units C Rvsd. 7/28/00 O-~CH ,~) Attachment C West l/alley Sanitation District 4 Acknowledgment NOTICE TO APPLICANTS REGARDING EFFECT OF WASTE WATER TREATMENT CAPACITY ON LAND DEVELOPMENT APPROVALS PURSUANT TO DEVELOPMENT OF APN: Please take notice that no vested right to a building permit shall accrue as the result of the granting of any land development approvals and applications. Pursuant to the adoption of Ordinance 9.045 by West Valley. Sanitation District 4, the agency providing the abOve described parcel(s) with sewer service, if the District's Manager and Engineer makes a determination that the issuance of a sewer connection permit to a building, or proposed building, on the above described property, will, in his opinion, cause the District to exceed its ability to treat adequately the waste water that would result from the issuance of such connection permit, then said permit may not be issued, and, hence, no building permit may be issued by this agency. If the sewer connection permit is issued, it may contain substantive conditions designed to decrease the waste water associated with any land use approval. ACKNOWLEDGEMENT By signing below, the applicant acknowledges, at the time of application, that he/she fully understands the above. Address of Proposed Development Date Distribution Original to: West Valley Sanitation, District No. 4 100 East Sunnyoaks Avenue Campbell, CA 95008 Copies to: File Applicant Rvsd. 7/28/00 A ttachmen t D Contribution Disclosure Form Page 2 TO BE FILLED OUT BY APPLICANT I. [~ IF CONTRIBUTIONS TOTALING $250 HAVE NOT BEEN MADE, CHECK HERE, AND SIGN BELOW IN SECTION IH. II. TO BE COMPLETED ONLY IF CONTRIBUTIONS TOTALING $250 OR MORE HAVE BEEN MADE. NAME: ADDRESS: ZIP: TELEPHONE NO: LIST COMMISSION MEMBER(S) TO WHOM YOU AND/OR YOUR AGENT MADE CAMPAIGN CONTRIBUTIONS TOTALING $250 OR MORE, AND THE DATES OF THOSE CONTRIBUTIONS. NAME: CONTRIBUTOR: (if other than yourself) DATE (S): AMOUNT (S): NAME: CONTRIBUTOR: DATE (S): AMOUNT (S): (if other than yourself) (if other than yoursel0 NAME: CONTRIBUTOR: DATE (S): AMOUNT (S): III. SIGNATURE Signatu'i~can gen~t~ DAT : ?-/-0/ Rvsd. 7/28/00 O.qCH A~..O Attachment E Hazardous Waste & Substance Sites DiscloSure Form This form must be completed by development applicants per the provisions of Government Code Section 65962.5. As part of the development application process, you must complete this disclosure form, certifying that you have reviewed the current CAL-EPA Department of Toxic Substances Control Facility Inventory Data Base Hazardous Waste and Substances Sites List (available at the Planning Department, City of Campbell) and indicate below whether your project site is included on this list. Project Site Address: Proposed Project: Yes, the above-referenced site is included on the CAL-EPA Department of Toxic Substances Control Facility Inventory Data Base Hazardous Waste and Substances Sites List. No, the above-referenced site is not included on the CAL-EPA Department of Toxic Substances Control Facility Inventory Data Base Hazardous Waste and Substances Sites List. Applicant Signature Date Please provide this completed form to the City of Campbell, Planning Department, 70 N. First Street, Campbell, CA 95008, together with the application for development. Rvsd. 7/28/00 ITEM City Clerk ,' Please collect and ipt for the following m,,aies. Major: A. 1+ acres -General Plap Amendment Zone Change Planned Development Permit EIR Review $4,836.00 4,836.00 4,836.00 4,836.00 0-1 acre General Plan Amendment (552.4660) Zone Cha~ge Planned Development Permit EIR Review 3,510.00 3,510.00 3,510.00 3,510.00 Minor: A. Subdivision Map (5+ Lots) Site and Architectural 10+ K S.F. Tentative Parcel Map (4<Lots) 3,510.00 2,348.00 2,348.00 Site and Architectural 0-10 K. S.F. Variance (Non-residential) Text Amendments Use Permit 1,692.00 1,692.00 1,692.00 1,692.00 Miscellaneous Variance (Residential) Modifications of Approval Modification PD Permit Reinstatements Revised Development Schedule Extensions of Time 1,050.00 1,050.00 1,050.00 1,050.00 1,050.00 1,050.00 Site and Architectural (Res/Each House) Minor Modifications to Side Yard Setback (Residential) Signs (Each Sign) Sign Programs Fence Exception Promotional Events 131.00 131.00 131.00 500.00 131.00 131.00 Appeals Downtown Development Permit Historic Preservation Zone, Use Permit, HP Permit 0 0 0 .Other Maps General Plan Text Zoning Ordinance Copies (per page) Refundable Deposit -- Account 2203 Fire Department Review -- Account 0-1--3gao:~Z2 Architectural Approval Project Plan Review Subdivision Park Impact Fee - Account 295.535.4920 Tree Replacement In-Lieu Fees - Account 101.701.4971 6.50 19.00 23.00 1.00 (1" page, .10 ea add'l) ~¢ Lc> ---- 54.75 164.0o $109.50+ lOper lot/unit For City Clerk Only ReceiptNo: 13'3 3Z2_ , xSq3z3 RECEIVED Amount Paid:s ~ 0 ~ ~ v ~ ~ Received by: 0 S 20 1 Date: ~ CITY. CLERg'S Excep6on for Major Project: It ~ ~6cipa~d ~t ~e a~ca6on ~eas~g cos~ ot ~lectea~jor projec~ will simcity exceed ~e above fees. ~ ~eae c~es, ~e ~~ Devel~m~t D~ector ~y collect a d~osit ~d c~ge ac~l ~e ~t to pr~ss ~e a~6on b~ed u~n c~t ho~ly rates. Note: Adopted on 06/06/00 by Campbell City Council Resolution No. 9687, effective 08/07/00. To: City Clerk-- ~ Please cc : and ipt for the following m~,mes. ITEM AMOUNT Major: A. I+ acres -General Plan Amendment Zone Change Planned Development Permit EIR Review $4,836.00 4,836.00 4,836.00 4,836.00 0-1 acre General Plan Amendment (552.4660) Zone Cha~ge planned Development Permit EIR Review 3,510.00 3,510.00 3,510.00 3,510.00 Minor: A. Subdivision Map (5+ Lots) Site and Architectural 10+ K S.F. Tentative Parcel Map (4<Lots) 3,510.00 2,348.00 2,348.00 Site and Architectural 0-10 K. S.F. Variance (Non-residential) Text Amendments Use Permit 1,692.00 1,692.00 1,692.00 1,692.00 Miscellaneous Variance (Residential) Modifications of Approval Modification PD Permit Reinstatements Revised Development Schedule Extensions of Time 1,050.00 1,050.00 1,050.00 1,050.00 1,050.00 1,050.00 Site and Architectural (Res/Each House) Minor Modifications to Side Yard Setback (Residential) Signs (Each Sign) Sign Programs Fence Exception Promotional Events 131.00 131.00 131.00 500.00 131.00 131.00 Appeals Downtown Development Permit Historic Preservation Zone, Use Permit, Fl? Permit Other Maps General Plan Text Zoning Ordinance Copies (per page) Refundable Deposit -- Account 2203 Fire Department Review -- Account 01.303.3322 Architectural Approval Project Plan Review Subdivision Park Impact Fee - Account 295.535.4920 Tree Replacement In-Lieu Fees - Account 101.701.4971 6.50 19.00 23.00 1.O0(l~page,.lOeaadd'l) 54.75 164.00 $109.50+10perlo~unit For City Clerk Only Receipt No: Amount Paid: Received by: .. Date: RECEIVED JAN 3 1 2001 CLERK'S OFFICE Exception for Major Projects: It is anticipated that the application processing costs of selected major projects will significantly exceed the above fees. In these cases, the CommBllity Development Director may collect a deposit and charge actual time spent to process the application based upon current hourly rates. Note: Adopted on 06/06/00 by Campbell City Council Resolution No. 9687, effective 08/07/00. CITY oF CAMPBELL Community Development Department November 6, 2000 Mr. Martin Williams Williams Residential Design 200 Burnett Avenue No. 106 Morgan Hill, CA 95037 Subject: PRE 2000-73 -- 247 Shelley Avenue 5 Townhouses Dear Mr. Williams, Thank you for your pre-application submittal for a five-unit townhouse project at the above address. The property is presently zoned R-M-S which allows for the development of apartments. The project site is shown as a Low-Medium Density Residential land use on the City's General Plan, which allows a density range of 6-13 units per gross acre. The acreage of this parcel is .47 gross acres, allowing a density of up to six dwelling units. A townhouse project would require three application approvals: Zone Change to Planned Development The proposed project will require a zone change from the R-M-S zoning district to a PD (Planned Development) zoning district in order to allow the creation of lots on a private drive and substandard lots of less than 6,000 square feet. An application for a zone change is enclosed and will require an application fee of $3,510. This will require approval by the Planning Commission and City Council through a public heating process. Planned Development Permit The project will also require a Planned Development permit to allow construction within a PD zone. The Planned Development permit approves the site plan, elevations, and landscape plan for the subject property. The requirement to establish CC&Rs and a homeowner's association to maintain the common areas of the complex will also be a part of the PD permit requirements. An application for a PD permit is enclosed and will require an application fee of $3,510. This will also require approval by the Planning Commission and City Council through a public hearing process. One of the purposes of a Planned Development Permit is to provide a degree of flexibility that allows a good site design and use of open space given the site characteristics. 70 North First Street · Campbell, California 95008.1423 · TEL 408.866.2140 ' F^X 408.866.8381 ' TDD 408.866.2790 PRE2000-73 247 Shelley Avenue,--- .---. Page 2 of 2 ' Tentative Subdivision Map application The project will require the approval of a Tentative Subdivision Map to subdivide the property into individual lots for each unit. The fee to apply for a Tentative Subdivision Map is $3,510. Thfs will require approval by the Planning Commission through a public heating process. The Community De. velopment Department completed the review of your pre-application and has the following comments regarding your proposal: 4) On · · · · 1) The development site appears to have some large, mature trees. The City recommends that all trees on site be noted on any future site plan to be reviewed and that the type, size, and whether such tree is proposed to be removed or preserved be noted. Please know that no trees on the site may be removed without first obtaining a Tree Removal Permit from the City. The City has a Tree Protection Ordinance which requires that any trees which are healthy and can be accommodated on site with a proposed development be protected and preserved (see attached). In reviewing the site plan, it is recommended that you preserve the existing trees, which will better integrate the new project with the rest of the neighborhood. As part of your official application, a complete conceptual landscape plan will be required. 2) The fire truck turnaround area should be moved from its current location to the area between the first two buildings. The turnaround area can not encompass parking spaces as shown on the plan. 3) In a townhouse development, there is typically a trash container for each individual unit rather than a common trash dumpster and enclosure. It is recommended that this method be pursued. a cover sheet, provide a project data table that contains all of the following: Gross and net sizes for the overall project First floor living area Second floor living area Garage area Total building area Open space calculation broken down by lot and total project Building coverage broken down by lot and total project Parking summary · · · · Architectural recommendations All units: · Center front door between entry columns. · Show greater detail of window treatments. provide depth to the facade. · 1) Illustrate trim and recessing which would Add windows, landscaping elements, and/or trellises to the large, blank garage wall on the rear elevations. PRE2000-73 247 Shelley Avenu ~ ~ Page 3 of 3 Lot 5~ Center front doo{ between entry columns. The south (side) elevation of Lot 5 needs greater architectural detail. The wall in the living room, the garage, and the second story wall of the master bedroom/master bathroom are blank surfaces. For the garage, consider windows, landscaping elements, and/or trellises to break up the mass. For the living room, consider relocating the window adjacent to the entry door to another place along the wall. For the master bedroom/master bathroom, consider two or three small, highly placed windows which would soften the massive two-story blank wall and add architectural interest. In addition to the Planning Division comments above, please find enclosed copies of comments and preliminary conditions of approval from the City's Building Division, Fire Department, and Public Works Department. Thank you for the opportunity to review these plans and for sharing your ideas for the site. Overall, the project seems to work for the property, and we look forward to your official submittal reflecting the recommended changes. Sincerely, Kfisti Bascom Planner I CC'. encl: Sharon Fierro, Community Development Director Geoff Bradley, Senior Planner Comments from other departments Fee Schedule Zone Change application Planned Development application Tentative Subdivision Map application Tree Protection Ordinance excerpt from the Municipal Code APN($): .~/~' PROPERTY ADDRESS: FI:~M CI'FY. ElF. CAMg~EI I ~81S/S8_-~B1 Pre-Application Review Application FiI~ No. 70 Honh Firs~ Srrma Campl~l~ California 95008 TYPE OF APPLICATION: APPLICA~¥I': ADDRESS: CITY~TA~: cr'n,~s~^~:' W-z'g4~/"L/t.t ,Cl.. AFFIDAVIT/8 IGNATUR.E(S): The unde~igned person(s), having an i~l~m~ ~ the above~lJed property, hereby make this ~ptication in accordance with the provisions of ~he Campbell Municipal Code; and, lhereby certify tlmt the information given herein is true and eorrect to the be~t of my/o~r knowledge and 3/pplicaat's Signa-tm~ Dat~ . er re Date Rv~d. 3/26/99 CITY OF CAMPBELL Community Development Department · Current Planning Alex G. DuVon March 10, 1999 125 E. Sunnyoaks Avenue #213 Campbell, CA 95008 RE: Review of Pre-application (PA 99-01) for a residential development of five (5) townhomes on property located at 247 Shelley Avenue Dear Mr. DuVon: The Community Development Department has completed review of your Pre-application (PA 99-01) for a proposed five (5) unit townhouse development on property located at 247 Shelley Avenhe and has determined the following: Planning Division 1. The Planning Division and the City's Architectural Advisor have reviewed the proposed elevations and are concerned about the lack of architectural detail on the proposed elevations and the recessing of the front entrances to the units. The proposed wood trim around the windows appear to be minimal and it is not apparent if the windows will be recessed to provide some depth. The City's Architectural Advisor is particularly concerned about the lack of details on the end and rear elevations of the buildings which are articulated only by the presence of the chimneys. In addition, the City's Architectural Advisor requests that all elevations of all buildings be shown for future review. The recessing of the front entrances hide the entryways and focuses attention on the garages as the prominent feature of the front facade. This is not consistent with the City's design guidelines for Low-Medium Density Residential Developments (Please see attached). Please review the attached design guidelines for your reference in revising the proposed elevations. The addition of a porch and recessing of the garage may help to lessen the garage as the predominant feature of the front facade. The proposed site plan indicates that two (2) buildings are proposed, however, the building adjacent to the street, Shelley Avenue, does not provide a unit with a front entrance facing the street. This is inconsistent with the design guidelines for residential developments which state that entryways of units adjacent to the street should be oriented to the street and that units should not be walled off. Please refer to the attached design guidelines for review. Also attached is a site plan for your reference of an approved development at 194 Redding Road which demonstrates the orientation of one of units facing Redding Road and the splitting up of buildings to incorporate the required Fire Department turnaround. The development site at 194 Redding Road is similar in character to the proposed development site in that both lots are confined by narrow lot widths and deep lot lengths for a townhouse development. The proposed development site appears to have some large mature trees. The Planning Division is concerned about the location of the driveway for the development given that there is a large mature tree currently in that location. The City recommends that all trees on site be noted on any future site plan to be reviewed and that the type, size (including the diameter at 4 feet above grade level), and whether such tree is proposed to be removed, be indicated. Please note that no trees on site may be removed without first obtaining a Tree Removal Permit by the City. The City adopted a Tree Protection Ordinance (see attached) last year which requires that any trees which are healthy and can be accommodated on site in conjunction with a development, be protected and preserved. In reviewing the site plan, the City may recommend that you re- locate the driveway on the east side of the property or modify the site plan to preserve the existing tree(s) on site. 4. In reviewing the uncovered parking space locations, it appears that Space No. 1 at the rear of the property along the east side woul0 be 0ifficult for a vehicle to maneuver into and out of. For a townhouse 70 North First Street · Campbell, California 95008.1423 · TEL 408.866.2140 · FaX 408.866.8381 . TDD 408.866.2790 247 Shelley Ave - PA 99-01 Page 2 development, typically there is a trash container for each individual unit rather than a common trash dumpster/enclosure. It is recommended that the common trash enclosure area be removed and the parking space relocated to that area. 5. Please submit a conceptual landscape plan for review. The revised site plan should incorporate a landscape strip along the property line adjacent to the driveway and landscape areas along the front of the units. The project site is located within an R-M-S (Multiple-Family Residential) zoning district and a Low Medium Density Residential (6-13 units per gross acre) General Plan area. In order to develop the property as a townhouse development, the project will require approval of three (3) separate applications: ao Zone Change application: The proposed project will require a zone change from an R-M-S zoning district to a PD (Planned Development) zoning district to allow a subdivision for units on separate lots with less than a 6,000 square foot lot size each. An application for a Zone Change is enclosed and will require a fee of $3,225. This will require approval by the City jCouncil through a public hearing process. bo Planned Development Permit: The project will also require a Planned Development Permit to allow construction within a PD zone. The Planned Development Permit approves the site plan, elevations and landscape plans for the subject property. A requirement for CC&Rs to establish a homeowner's association to maintain common areas of the complex will also be part of the PD Permit requirements. The fee to apply for a PD Permit is $3,225. Co Tentative Subdivision Map application: The project will require approval of a Tentative Subdivision Map to subdivide the property into individual lots for each unit. The fee to apply for a Tentative Subdivision Map is $3,225. In addition to the above-referenced Planning Division comments, please find attached copies of comments and preliminary conditions of approval from the City's Public Works Department, Fire Department and Building Department. Should you have any questions regarding the above-referenced information or attached information, please do not hesitate to contact me at (408) 866-2142. Since. rely, Aki R. Irani Planner I enclosure cc: File MEMORANDUM TO: Aki Irani, Project Planner CITY OF CAMPBELL PUBLIC WORKS DEPARTMENT DATE: 2/26/99 ££8 FROM: Michelle Quinney, City Engineer/LL(.~ /~ 2/~ 100o Harold Housley, Land Development En' gineer~ Cl~,- - '~ ~- 'tOFo P~LIC WORKS DEPARTMENT COMMENTS ~D P~LIMINARY ~O"~.~ OF APPROVAL Site Address: 247 Shelley Avenue For File No(s): PA 99-01 (PD) Project Description: Remove existing structures and construct 5 new units Applic~t: Alex DuVon Tentative Map: The applicant shall submit a Tentative Map for review by the City. The current application processing fee is $3,225. Final Map: Prior to issuance of any grading or building permits for the site, the applicant shall submit a Final Map for review by the City and recordation, after approval, by the City Council. The current plan check fee is $1,380 plus $25 per lot. Preliminary Title Report: Prior to recordation of the Tract Map, the applicant shall provide a current Preliminary Title Report. Right-of-Way for Public Street Purposes: Public street right-of-way of 30 feet from centerline is required. Easements: Prior to recordation of the Final Map, the applicant shall cause Easements as necessary to be recorded for private utilities, private storm drains, reciprocal ingress and egress, etc. Monuments: Prior to recording Final Map, applicant shall provide security guaranteeing the cost of setting all Monuments shown on the record map, as determined by the City Engineer. Street Improvements: Prior to recordation of the Final Map, the applicant shall execute a street improvement agreement and shall cause plans for public Street Improvements to be prepared by a registered civil engineer, pay fees, post security and provide insurance necessary to obtain an encroachment permit for construction of the public improvements, as required by the City Engineer. The plans shall include the following: Page 1 of 3 PUBLIC WORKS DEPARTMENT COMMENTS AND PRELIMINARY CONDITIONS OF APPROVAL Site Address: 247 Shelley Avenue For File No(s): PA 99-01 Project Description: Remove existing structures and construct 5 new units Applicant: Alex DuVon Removal of the existing curb, gutter, sidewalk and driveway approach and construction of new curb, gutter, sidewalk, street trees and driveway approaches to accommodate new property configuration. · Construct 2 inch AC pavement overlay to street centerline. · Conforms to existing improvements. Water Meter(s) and Sewer Cleanout(s): Existing and proposed Water Meter(s) and Sewer Cleanout(s) shall be installed on private property behind the public right-of-way line. Soils Report: Prior to issuance of any grading or building permits for the site, applicant shall provide a Soils Report prepared by a registered geotechnical or civil engineer. Utilities: All new on-site Utilities shall be installed underground per Section 20.36.150 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. Utility Installation Plan: Prior to issuance of building permits for the site, the applicant shall submit a Utility Installation Coordination Plan and Schedule for approval by the City Engineer for installation of street improvements and/or abandonment of all utilities. Streets which have been resurfaced within the previous 5 years will require boring and jacking for all new utility installations. Applicant shall also prepare pavement restoration plans for approval by the City Engineer prior to any utility installation or abandonment. Maintenance Security: Prior to issuance of occupancy approval for the site, all public street improvements required by the street improvement agreement and the encroachment permit must be completed and accepted by the City and the applicant must provide a one- year Maintenance Security in an amount of 25 % of the Faithful Performance Bond. Coordination with Capital Improvement/Other coordinate construction of the street improvements planned street maintenance paving program. Projects: The applicant shall to be compatible with the City's Page 2 of 3 PUBLIC WORKS DEPARTMENT COMMENTS AND PRELIMINARY CONDITIONS OF APPROVAL Site Address: 247 Shelley Avenue For File No(s): PA 99-01 Project Description: Remove existing structures and construct 5 new units Applicant: Alex DuVon Grading and Drainage Plan: Prior to issuance of any grading or building permits for the site, the applicant shall conduct hydrology studies based on a 10 year storm frequency, prepare an engineered Grading and Drainage Plan, and pay fees required to obtain necessary grading permits. The plans shall comply with the 1994 edition of the UBC including Chapters 18, 33, and Appendix Chapter 33. Should the development require hauling of soil or other demolition materials on or off site, the applicant shall request and obtain approval of a haul route from the City Engineer. Storm Drain Area Fee: Prior to recordation of the Final Map, the applicant shall pay the required Storm Drain Area fee which is $2,250 per acre. Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permitting requirements and the California Storm Water Best Management Practices handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley Water District and the City of Campbell Municipal Code regarding Storm Water Pollution Prevention. Conditions, Covenants, and Restrictions: Provide copies of CC&Rs for review by the City prior to recordation of the Final Map and CC&Rs. Demolition: Prior to recording of the Final Map the applicant shall obtain a Demolition permit to remove existing structures inconsistent with the approvals. Reimbursements: Prior to recordation of the Final Map, the applicant shall reimburse the City for previously constructed public improvements in the amount of $10,180. Site Plan: Revise and resubmit a Site Plan showing all easements and complete right-of- way for the full street plus all other information as required on the Site Plan checklist H:\WORD\LANDDEV\247SHELL(JD) Page 3 of 3 'VmRR MOOR , I C. Subdivision Consulting · Association Management · Real Estate Brokerage June 26, 2002 Andy Latala Eurocraft Development 1590 Edmundson Morgan Hill, CA 95037 RE: Tract No. 9371 RECEIVED J IJL 0 2 CITY OF CAMPBELL Dear Andy: ' pLANNING DEPT. Enclosed is the revised CC&R's. Note the changes in Sections 4~03 'and 6.01. Regarding the planner's comment #3 on her letter, please refer to the last two Paragraphs on Section 5.02. If You have any questions, please call. Regards, Jim Scheiber JS\ml . 1060/latala Enclosure 2890 Gateway Oaks Drive, Suite 250 Sacramento, CA 95833-3505 P.O. Box 348600 Sacramento, CA 95834-8600 (916) 925-9000 (9 [6) 567-6232 fax in fosacl~vierramoore.com Please respond to the o~ce checked below 2151 Salvio Street, Suite 333 Concord, CA 94520 (925) 938-1506 (925) 938-0537 fax iafoph~vierramoore.com [] 38 Foxtail Lane Dove Canyon, CA 92679 (949) 888-5755 (949} 888-5181 fax kimlackey~carthlink.net RECORDING REQUESTED BY AND AFTER RECORDING RETURN TO: Comrnonwealth Land Title 406 Tenant Station Morgan Hill, CA 95037 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF TRACT NO. 9371 SECTION 1. 1.01. 1.02. 1.03. 1.04. SECTION 2. SECTION 3. 3.01. 3.02; 3.03. 3.04. 3.05. 3.06. 3.07. SECTION 4. 4.01. 4.02. 4.03. 4.04. 4.05. 4.06. 4.07. 4.08. 4.09. 4.10. 4.11. 4.12. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF TRACT NO. 9371 TABI.E OF CONTENTS RECITALS Description of Real Property Single Phase Ownership Interests Common Plan for Project DEFINITIONS PROPERTY RIGHTS Common Area Partition Prohibited Annexation of Additional Property Easements Owners Easement for Party Wall Party Walls Provisions Restricting Delegation of Use USE RESTRICTIONS Use of Lots Garages Parking and Vehicle Restrictions Burning Signs Animals Trash; Storage of Materials Television or Radio Equipment Right to Lease Architectural Approval Window Coverings Clotheslines page 1.1 2.1 3.1 4.1 Table of Contents -1- SECTION 4: 4.13. 4.14. 4.15. 4.16. 4.17. 4.18. SECTION 5: 5.01. 5.02. SECTION 6: 6.01. 6.02. 6.03. 6.04. 6.05. 6.06. 6.07. 6.08. 6.09. 6.10. 6.11. 6.12. SECTION 7: 7.01. 7.02. 7.03. 7.04. 7.05. 7.06. 7.07. 7.08. 7.09. 7.10. 7.11. 7.12. USE RESTRICTIONS (continued) Drainage Liability of Owners for Damage to Common Area Sports Fixtures Nuisances Compliance with Project Documents Sound Transmissions MAINTENANCE OBLIGATIONS Association Maintenance Obligations Owners' Maintenance Obligations ASSOCIATION, ADMINISTRATION, MEMBERSHIP AND VOTING Association to Manage Project Membership Transferred Membership Classes of Membership and Voting Termination of Class B Membership Approval of Members Other than Declarant Inspection of Books Commencement of Voting Rights Co-Owner Votes Membership Meetings Notice and Place of Meetings Board of Directors POWERS, DUTIES AND LIMITATIONS OF THE ASSOCIATION Powers and Duties of Association Property Taxes and Assessments Insurance Discharge of Liens Payment of Expenses Prohibited Acts Action Requiring Consent Dispute Resolutions Dispute Notification and Resolution Procedure (Owner Disputes) Dispute Notification and Resolution Procedure (Declarant Disputes) Civil Action Against Declarant Inspection and Maintenance Guidelines 5.1 6.1 7.1 Table of Contents -2- SECTION 8: ' 8.01. 8.02. 8.03. 8.04. 8.05. 8.06. 8.07. 8.08. 8.09. 8.10. SECTION 9: 9.01. 9.02. SECTION 10: 10.01. 10.02. 10.03. 10.04. 10.05. 10.06. SECTION 11: 11.01. 11.02. 11.03. 11.04. 11.05. SECTION 12: 12.01. 12.02. 12.03. 12.04. 12.05. ASSESSMENTS Agreement to Pay; Personal Obligation Purpose of Assessments Assessments of Vacant Lots Common Facility Assessment Exemption Regular Annual Assessments and Special Assessments QuorBm Individual Charges Equal Division of Regular and Special Assessments Commencement of Assessments and Individual Charges Assessment Lien ENFORCEMENT OF RESTRICTIONS General Specific Enforcement Rights BUDGETS, FINANCIAL STATEMENTS AND BANK ACCOUNTS Proposed Budget Adopt Budget Budgets, Financial Statements Summary of General Liability and Earthquake and Flood Policies Reserves and Reserves Study Bank Accounts INSPECTION OF BOOK AND RECORDS Inspection by Members Rules for Inspection by Members. Inspection by Directors Review of Financial Records Reserve Account Withdrawal Restrictions INSURANCE, DESTRUCTION, CONDEMNATION Ii1sLLrance Other Provisions and Limitations Damage or Destruction - Association Damage or Destruction - Owners Condemnation 8.1 9.1 10.1 11.1 12.1 Table of Contents -3- SECTION 13: 13.01. 13.02. 13.03. 13.04. 13.05. 13.06. 13.07. 13.08. 13.09. 13.10. 13.11. 13.12. 13.13. SECTION 14: SECTION 15: 15.01. 15.02. 15.03. 15.04. 15.05. SECTION 16: 16.01. 16.02. 16.03. 16.04. 16.05. 16.06. 16.07. 16.08. 16.09. 16.10. 16.11. 16.12. 16.13. 16.14. MORTGAGEE PROTECTIONS Mortgages Permitted Priority of Mortgage Payment of Taxes or Premiums by Mortgagees Effect of Breach Mortgagee's Rights No Restrictions on Owner's Right to Ingress and Egress Notices to Mortgagees FNMA, FHLMC, FHA, VA Mortgages FHA/VA Approval Additional FHA Provisions Compliance with FHA/VA, FHLMC or FNMA Requirements Waivers Conflicts ENFORCEMENT OF BONDED OBLIGATIONS Prior to First Conveyance After First Conveyance Recordation Unanimous Consent for Specific Amendments FHA Requirements GENERAL PROVISIONS T~TII Owners' Compliance Notices Notice of Transfer Delivery of Project Documents to Transferee Easements Reserved and Granted Termination of Any Responsibility of Declarant Mergers and Consolidations Limitations of Restrictions on Declarant Successor Severability Estoppel Certificate Conflict with Project Documents Headings page 13.1 14.1 15.1 16.1 Table of Contents -4- SECTION 17: 17.01 EXHIBIT A: DISCLOSURES No Representation or Warranties DESCRWrION OF PROPERTY SUBJECT TO DECLARATION Table of Contents -5- DECLARATION OF COVENANTS~ CONDITIONS AND RESTRICTIONS OF TRACT NO. 9371 THIS DECLARATION is made on the date hereinafter set forth by DANIEL J. SHAW & ANDREW LATALA (herein referred to as "Declarant"). ~qF. CTION 1: RECITAI JS 1.01. DegeHntinn nf Real Property.. Declarant is the owner of that certain real property in the City of Campbell, County of Santa Clara, State of California, which is more particularly described on Exhibit "A" attached hereto and incorporated herein. 1.02. Single Pha~e. Declarant has improved or intends to improve the Project by subdividing and constructing it into five residential Lots improved with dwellings and common area with improvements ("Common Area"). 1.03. 'Ownemhip lntere.qtq. Each owner shall receive fee title to his/her Lot and a membership in Tract No. 9371 Owners' Association, which shall hold title to the Common Area, a non-exclusive easement for use, enjoyment, ingress and egress over the Common Area, and such other interests as are provided herein. 1.04. Cnmmnn Plan fnr PrQeet. By this Declaration, Declarant intends to establish a common scheme and plan for the possession, use, enjoyment, repair, maintenance, restoration and improvement of the Project and interests therein conveyed and to establish thereon a Planned Development. NOW, THEREFORE, Declarant hereby declares that the real property described on Exhibit "A" shall be held, conveyed, mortgaged, encumbered, leased, rented, used, occupied, sold and improved, subject to the following declarations, limitations, covenants, conditions, restrictions and easements, all of which are for the purpose of enhancing and protecting the value and attractiveness of the Project, in accordance with the plan for improvement of the Property and the division thereof into Lots. Pursuant to California Civil Code Sections 1353 and 1354, all of the limitations, covenants, conditions, restrictions and easements shall constitute covenants which shall run with the land, be enforceable as equitable servitudes, and shall be binding upon Declarant and its successors and assigns, and all parties having or acquiring any fight, title or interest in or to any part of the Property or the Project. 1.1 In addition to other definitions provided for herein, the following terms shall have the following meanings: 2.01. "Articles" shall mean the Articles of Incorporation of Tract No. 9371 Owners' Association and any amendments thereto. 2.02. "Assessment" shall mean that portion of the cost of maintaining, improving, repairing, operating and managing the Project which is to be paid by each Lot Owner as determined by the Association. 2.03. "Association" shall mean the Tract No. 9371 Owners' Association, a California non-profit mutual benefit corporation, the members of which shall be the Owners of Lots in the Project, their successors and assigns. 2.04. "Association Rules" shall mean roles and regulations regulating the use and enjoyment of the Common Area, which may be adopted by the Board from time to time. 2.05. "Board" or "Board of Directors" shall mean the governing body of the Association. 2.06. 2.07. "Bylaws" shall mean the Bylaws of the Association, as amended from time to time. "City" shall mean the City of Campbell, California, the City in which the Project is located. 2.08. "Common Area" means all real property owned by the Association for the common use and enjoyment of the Owners and shall include, upon conveyance to the Association, the Plot of land designated Lot 6 on the Map, and any other Plot of land which may be conveyed to the Association. 2.09. "Common Expenses" shall mean and include the actual and estimated expenses of operating the Project and any reasonable reserve for such purposes as found and determined by the Board and all sums designated Common Expenses by or pursuant to the Project Documents. 2.10. "County" shall mean the County of Santa Clara, California, the County in which the Project is located. 2.11. "Declarant" shall mean Daniel Shaw and Andrew Latala, their successors and assigns, if such successors and assigns are assigned the rights of Declarant pursuant to Section 16.10 hereof or if such successor or assign is a mortgagee acquiring Declarant's interest in the Project by foreclosure or by deed in lieu of foreclosure. 2.12. "Declaration" shall mean this Declaration, and any amendments, modifications or supplements thereto. 2.13. "Eligible First Mortgagee" shall mean a First Mortgagee who has requested notice by sending a written request to the Association, stating both its name and address and the Lot number or address of the Lot it has the mortgage on. 2.1 2.14. "Final Public Report" shall mean the final public report issued by the California Department of Real Estate or any successor state agency pursuant to the California Subdivided Lands Act (Business & Professions Code Section 11000, et seq.), as it may be amended from time to time. 2.15. "Improvements" shall mean all structures and improvements on the Project, including, but not limited to, buildings, paving, fences, signs and landscaping. 2.16. Area. "Lot" shall mean any parcel of land shown on the Map, with the exception of the Common 2.17. "Map" shall mean that subdivision map entitled "Tract No. 9371", which Map recorded ,2002, in Book~ of Maps, Page , of the Official Records of Santa Clara County. Said Map is also described in Exhibit "A" of this Declaration. 2.18. "Member" shall mean a person or entity holding a membership in the Association as provided herein. Each Owner or Co-Owner of a Lot shall be a member. 2.19. "Mortgage" shall mean a mortgage or deed of trust encumbering a Lot or other portion of the Project. A "Mortgagee" shall include the beneficiary under a deed of trust and any guarantor or insurer of a Mortgage. "First Mortgage" or "First Mortgagee" is one having priority over all other Mortgages or holders of Mortgages encumbering the same Lot or other portion of the Project. A "First Mortgagee" shall include any holder (including FHLMC and FNMA), insurer (including FHA), or guarantor (including VA) of a First Mortgage on a Lot or other portion of the Project. "FHA" shall mean the United States Department of Housing and Urban Development, Federal Housing Administration. "VA" shall mean the United States Department of Veterans Affairs. "FHLMC" shall mean the Federal Home Loan Mortgage Corporation. "FNMA" shall mean the Federal National Mortgage Association. Where any provision of the Project Documents requires the approval of a First Mortgagee, the approval of the holder, insurer or guarantor of that First Mortgage shall be deemed to be the required approval. 2.20. "Owner" or "Owners" shall mean the record holder or holders of title, if more than one, to any Lot in the Project. This shall not include contract sellers or persons or entities having any interest merely as security for the performance of an obligation. If a Lot is sold under a recorded contract of sale (or a recorded memorandum of such contract), the purchaser, rather than the fee Owner, shall be considered the "Owner". 2.21. "Party Walls" means any improvements that are constructed on the property line of any two adjoining Lots, a portion of which is located on each of the two adjoining Lots. 2.22. "Project Documents" shall mean and include this Declaration as amended from time to time, the exhibits, if any attached hereto, together with the other basic documents used to create and govern the Project, including the Map, Articles, Bylaws, and Rules and Regulations of the Association. 2.23. "Property", "properties" or "Project" shall mean the entire real property described on Exhibit "A" attached hereto, including all structures and improvements erected thereon or on such additional properties which may be brought within the jurisdiction of the Association. 2.25. "Quorum" shall mean a majority of those entitled to act, except in the case of a quorum necessary for the imposition of regular and special assessments set forth in Section 8. 2.2 2.26. "Separate Interest" shall mean a Lot. 2.27. "Subdivided Property" shall mean the entire real property described on Exhibit "A" attached hereto, including all structures and improvements erected thereon or on such additional properties which may be brought within the jurisdiction of the Association. 2.28. "Subdivider" shall mean the Declarant. 2.29. "Unit" shall mean a dwelling structure on a Lot. 2.3 RECTT'TON 3: PROPER'IW' RTGT-TTR 3.01. ~. The Common Area shall be owned by the Association for the use and benefit of the Members. It shall be conveyed to the Association free of money encumbrances prior to or concurrently with the close of escrow of the sale of the first Lot. The Common Area shall be maintained by the Association as provided in Section 5.01. When the Common Area is conveyed by Declarant to the Association, an easement shall be deemed automatically reserved over the Common Area in favor of Declarant for common driveway purposes, drainage and encroachment purposes and for ingress and egress from the Common Areas for the purpose of completing improvements thereon or for the performance of necessary repair work. Said easement shall automatically terminate four years after the recordation of this Declaration. 3.02. partition Prohibited. The Common Area shall remain undivided as set forth above. Except as provided by California Civil Code Section 1359, no Owner shall bring any action for partition, it being agreed that this restriction is necessary in order to preserve the fights of the Owners with respect to the operation and management of the Project. Judicial partition by sale of a single Lot owned by two or more persons and division of the sale proceeds is not prohibited hereby, but partition of title to a single Lot is prohibited. 3.03. Annexation of Additional Property.. Additional Property may be annexed to and become subject to this Declaration by the following method set forth in this Section. Upon annexation, additional parcels shall become subject to this Declaration without the necessity of amending individual sections thereof. a) Annexation l:har.qnant to Approval. Upon approval in writing of the Association, pursuant to vote or written consent of 66-2/3% of the total votes residing in Members other than the Declarant, the Association and the Owner of any Property who desires to add it to the scheme of this Declaration and to subject it to the jurisdiction of the Association, may file of record a Declaration of Annexation. Said Declaration may contain such complementary additions and modifications of the covenants and restrictions contained in this Declaration as may be necessary to reflect the different character, if any, of the added Property, as are consistent with the scheme of this Declaration. Said Declaration shall include designation of Lots and/or Common Areas for the purpose of this Declaration. b) Effect of Annexation, Assessments collected from Owners in the Property may be expended by the Association without regard to the particular phase from which such assessments came. All Owners shall have ingress and egress to all portions of the Common Area throughout the Property, subject to the provisions of this Declaration, the Bylaws and the Association Rules in effect from time to time. c) Qnalily of C, on,qtnmtion, Future improvements to the Project shall be consistent with the initial improvements in terms of materials used and quality of construction. 3.04. Ea,qement& In addition to any and all other easements contained in this Declaration, the Properties shall be subject to the following easements: a) Owner,q' F.,a.qement,q, Every Owner shall have a right and nonexclusive easement of enjoyment in and to the Common Area, including ingress and egress to and fi-om his/her Lot Each such 3.1 nonexclusive easement shall be appurtenant to and shall pass with the title to the Lot, subject to the following provisions: i) Section 9 of this Declaration authorizes the Board to impose monetary penalties, temporary suspensions of an Owner's rights as a Member of the Association or other appropriate discipline for failure to comply with the governing instruments, provided that the established procedures are followed for notice and heating which satisfy the minimum requirements of Corporations Code Section 7341 with respect to the accused Member before a decision to impose discipline is reached. These procedures are set out in Section 12 of the Bylaws. ii) The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such dedication or transfer shall be effective unless an instrument signed by two-thirds of the Members agreeing to such dedication and the transfer has been recorded, provided, however, that no such dedication shall impair the ingress to and egress from any individual Lot. b) Fnh~re F. xeln.qive I T.qe Common Area~q. The Association may grant an Owner an. easement on the Common Area adjacent to the Owner's Lot for the purpose of maintaining a fenced patio area, air conditioning and heating units, a fireplace structure and any other amenity or utility appurtenant to the use of the Lot. c) F. anement~q for llfilifie~q and Maintenance. Easements over and under the Project for the installation, repair and maintenance of electric, telephone, water, gas and sanitary sewer lines and facilities, heating facilities, cable or master television antenna lines, drainage facilities, walkways and landscaping as shown on the Map, and as may be hereafter required or needed to service the Project, or any annexable Property thereto, are hereby reserved by Declarant and its successors and assigns, including the Association and all utility companies which serve the Project, together with the right to grant and transfer the same. d) F. neroaehment ~a~ement~. Each Lot within the Project is hereby declared to have an easement over all adjoining Lots and the Common Area for the purpose of accommodating any encroachment due to minor engineering errors, minor errors in original construction, settlement or shifting of the building, or any other cause. There shall be valid easements for the maintenance of said encroachments as long 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 willful misconduct of said Owner or Owners. In the event a structure is partially or totally destroyed, and then repaired or rebuilt, the Owners of each Lot agree that minor encroachments over adjoining Lots or Common Area due to minor engineering errors, minor errors in construction, or settlement or shifting of the building, shall be permitted and that there shall be valid easements for the maintenance of said encroachments so long as they shall exist. e) ~. The Board may authorize its agents and employees to enter upon any Lot when necessary in connection with any maintenance, landscaping or construction for which the Association is responsible, to effect emergency repairs or to effect necessary repairs which the Lot Owner has failed to perform as required by this Declaration. Such entry shall be made with as little inconvenience to the Owner as practicable and any damage caused thereby shall be repaired by the Board at the expense of 3.2 the Association. Except in case of an emergency, 24 hour advance notice shall be given to the Owner or occupant. f) Associafinn F.a.qement for Frnnt Yard Maintenance. The term "front yard area" herein shall mean and refer to that portion of each Lot which would commonly be referred to as a front yard or side yard. Front yard area shall not include those portions of a Lot which are covered by structural improvements or which are enclosed for the private use of an Owner but shall include any entry walkways. The precise area of each Lot which constitutes front yard area shall be determined by actual location of the unit and any fence improvements constructed thereon. The Association shall have an easement in and across every front yard area within the development for the purpose of planting, replanting, watering, .cutting, removing or otherwise caring for the landscaping and entry walkways in the front yard area of each Lot as may be reasonably necessary to perform its obligations under this Declaration. 3.06. Owner,q F.a~qement far Party Wall. Each attached Lot that shares a Party Wall with an adjoining Lot and its Owner is declared to have an easement appurtenant, and the same is granted by Declarant, on, over, and upon such adjoining Lot for such Party Wall, including the fight to enter such adjoining Lot to service and maintain such Party Wall and to service, maintain, repair, or replace the improvements constituting such Party Wall. Such entry shall be at reasonable times after prior notice, except that in case of emergency the right of entry shall be immediate. No Owner shall alter the shape, size, or construction or use any materials different from those used in the initial construction of any such Party Wall without the written consent of the Association. 3.07. ParI¥__W_alls. The following provisions shall apply with regard to Party Walls in this development: a) General Rules nf l,aw tn Apply. Each wall which is built as a part of the original construction of the homes upon the Properties and placed on the dividing line between the Lots shall constitute a Party Wall, and, to the extent not inconsistent with the provisions of this Section, the general rules of law regarding Party Walls and liability for Property damage due to negligence or willful acts or omissions shall apply thereto. b) Sharing nf Repair and Maintenance. The cost of reasonable repair and maintenance of a Party Wall shall be shared equally by the Owners on each side of the Party Wall. c) F)e.qtmet/nn hy Fire or Other Ca~qualty. If a Party Wall is destroyed or damaged by fire or other casualty, the Owner on either side of it may restore it, and the other Owner shall contribute one- half of the cost of restoration, without prejudice however, to the right of any such Owners to call for a larger contribution from the other under any rule of law regarding liability for negligence or willful acts or omissions. d) ~ealllm:lllxm.fing. Notwithstanding any other provision of this Section, an Owner who by his/her negligent or willful act causes the Party Wall to be exposed to the elements shall bear the whole cost of fumishing the necessary protection against such elements. e) Right tn Cnntrihutinn Run~q with l.and. The right of any Owner to contribution from any other Owner under this Section shall be appurtenant to the land and shall pass to such Owner's successors in title. 3.3 f) Arbitration. If any dispute arises concerning a Party Wall, or under the provisions of this Section, each party shall choose one arbitrator, and such arbitrators shall choose one additional arbitrator, and the decision shall be by a majority of all arbitrators. 3.08. Provisions Re.qtrieting Delegation of 1 lse. Any Owner may delegate his/her fights of use and enjoyment of the Project, including any recreational facilities, to the members of their family, their guests, tenants, employees, and invitees, and to such other persons as may be permitted by the Bylaws and the Association Rules, subject however, to this Declaration. However, if an Owner has sold his/her Lot to a contract purchaser or has leased or rented it, the Owner, members of the Owner's family, guests, tenants, employees, and invitees shall not be entitled to use and enjoy any of such rights in the Project, including the recreational facilities, while the Owner's Lot is sold to a contract purchaser or rented to tenants. Instead, the contract purchaser or tenants, while occupying such Lot, shall be entitled to use and enjoy such fights, including the recreational facilities, and can delegate the rights of use and enjoyment in the same manner as if such contract purchaser or tenants were an Owner during the period of their occupancy. Each Owner shall notify the Secretary of the Association of the names of any contract purchasers of such Owner's Lot or tenants of such Owner's Lot. Each Owner, contract purchaser or tenant also shall notify the Secretary of the Association of the names of all persons to whom such Owner, contract purchaser, or tenant has delegated any rights of use and enjoyment and the relationship that each such person bears to the Owner, contract purchaser or tenant. Any delegated rights of use and enjoyment are subject to suspension to the same extent as are the fights of Owners. No such delegation shall relieve an Owner from liability to the Association or to other Owners for payment of assessments or performance of the covenants, conditions and restrictions contained in this Declaration. Any lease, rental agreement or contract of sale entered into between an Owner and a tenant or contract purchaser of a Lot shall require compliance by the tenant or contract purchaser with all of the covenants, conditions and restrictions contained in this Declaration, which provision shall be for the express benefit of the Association and each Owner. The Association and each .Owner shall have a right to action directly against any tenant or contract purchaser of an Owner, as well as against the Owner, for nonperformance of any of the provisions of this Declaration to the same extent that such fight of action exists against such Owner. 3.4 SECTION 4:1 ISF, RESTRICTIONS 4.01. l I,e of l,ats. No Lot, or any portion thereof, shall be occupied and used except for single family residential purposes by the Owners, their contract purchasers, lessees, tenants or social guests. No trade or business or commercial activity shall be carried on or conducted upon any Lot, except that Declarant, its successors or assigns, may use any Lot in the Project owned by Declarant for a model home site and display and sales office during construction and until the last Lot is sold by Declarant, or until three years from the date of closing of the first sale of a Lot in the Project, whichever occurs first. The provisions of this section shall not prohibit home occupations so long as they are merely incidental to the use of the Lot as a dwelling, are permitted by local law, are conducted in such a manner as to not adversely affect other Owner's use and enjoyment of the Project, and have received prior written approval of the Board. 4.02. Garages. Each Owner shall keep his/her garage area in a neat and orderly condition with any storage areas completely enclosed. Garage doors shall be kept closed when not in use. Each Owner shall be entitled to the exclusive use of the driveway serving his/her garage and shall keep said driveway clean and free of debris. 4.03. Parkin~ and Vehicle Re,qtrictinns_ a) All driveways and garages shall be maintained in a neat and orderly condition and garage doors shall be kept in a closed position except as necessary to permit ingress and egress of vehicles or to clean or work in the garage area. Garages are to be used for the parking of standard passenger vehicles and tracks not to exceed three-quarter tons in gross weight, boats or the storage of items of personal property so long as such storage of personal property will not necessitate or result in the parking of any vehicle on streets or regularly on driveways within the Properties. Furthermore, garages shall not be converted to living quarters or workshops which will preclude the parking of at least two (2) vehicles at all times. Uncovered parking spaces shall not be used for outdoor storage. b) No vehicle shall be parked or left on any street except within specified parking areas so designated by the Board. c) No motor vehicle shall be constructed, reconstructed or repaired within the Properties and no dilapidated or inoperable vehicle, including vehicles without wheel(s) or an engine, shall be stored on the Properties; provided, however, that the provisions of this subparagraph c) shall not apply to emergency vehicle repairs. d) Campers, boats, trailers and tracks shall only be parked entirely within an Owner's garage so long as such storage will not necessitate or restrict in the parking of any vehicle on streets or regularly on drivewaYs within the Properties or in a recreational vehicle parking area on the Lot approved as to location, screening and design by the Architectural Control Committee. If an Owner or resident has a boat and/or trailer that are not regularly parked and stored on the Owner's Lot in accordance with this subparagraph d), the Owner may park the boat and/or trailer during week days in accordance with the limitations imposed on commercial vehicles under subparagraph e), below, and overnight on Friday and Saturday nights. e) Commercial macks and vehicles that bear signage on the exterior shall not be parked within the Properties, except for purposes of loading or unloading and then for periods not in excess of 4 hours. This restriction shall not apply to commercial vehicles involved in construction activities on a 4.1 Lot or vehicles owned and operated by persons providing services to a Lot or Unit (during the time when the services are being rendered). f) The Board shall have the authority to promulgate as part of the Association's rules such further rules and restrictions regarding parking and vehicles within the Properties as may be deemed prudent and appropriate. 4.04. Baming. There shall be no exterior fires whatsoever except barbecue fires located only upon Lots and the Common Area and contained within receptacles designed for such purpose. No Owner or resident shall permit any condition to exist on his or her Lot, including, without limitation, trash piles, or weeds, which create aftre hazard or is in violation of local fke regulations. 4.05. Si~.q. No sign of any kind shall be displayed to the public view on or from any Lot or any portion of the Project without the approval of the Association, except as follows: a) One sign of customary and reasonable dimensions advertising a Lot for sale, lease, rent or exchange displayed from a Lot; or, b) Such signs as may be used by Declarant or its assignees in connection with the development of the Project and sale of Lots; or, C) Such other signs or notices as are required by law or as are otherwise necessary to perfect a right provided for in law. 4.06. ~. No animals, reptiles, rodents, birds, fish, livestock or poultry shall be raised, bred or kept on any Lot or portion of the Project; except that no more than two usual and ordinary household pets such as dogs, cats, fish or birds 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. This provision shall not apply to aquarium type fish. Notwithstanding the foregoing, no pets may be kept on the Project which result in an annoyance or nuisance to other Owners. No pets shall be allowed on the Common Area except as may be permitted by Association Rules. No dog shall enter.the Common Area except while on a leash which is held by a person capable of controlling it. Owners shall prevent their pets from soiling any portion of the Common Area. The Association can prohibit the keeping of any animal that, in the sole and exclusive opinion of the Board, constitutes a nuisance to any other Owner. 4.07. Trash and Stnrage nfMaterial~_ All garbage and trash shall be regularly removed from the Project, and shall not be allowed to accumulate thereon. It shall be placed and kept in covered sanitary containers where it is not visible from any neighboring Lot except for a reasonable time prior to or after collection. All woodpiles or storage piles shall be kept screened and concealed from view of other Lots, streets and Common Areas. Garbage and trash shall be placed for pick up as required by the disposal service and the Association Rules. 4.08. Television nr Radio Equipment. No television, video or radio poles, antennae, satellite dishes, cables or other transmission and/or reception fixtures or personal property (individually and collectively the "Antenna Equipment") shall be installed or maintained on any Lot except as follows: a) Authorized Antenna Requirements. Owners are prohibited from installing any antennae on the exterior of a Unit for any purpose except for an "Authorized Antenna" which may be installed 4.2 so long as the proposed location for such installation is reviewed by the Architectural Control Committee before installation to ensure that the visibility of the Authorized Antenna is minimized with respect to other Owners. The Architectural Control Committee may require that the location of the Authorized Antenna be moved so long as such review by the Architectural Control Committee does not (i) unreasonably delay or prevent installation, maintenance or use of an Authorized Antenna, (ii) unreasonably increase the cost of installation, maintenance or use of an Authorized Antenna, or (iii) preclude acceptable quality reception. b) Authorized Antenna Defined. An "Authorized Antenna" means (i) an antenna designed to receive direct broadcast satellite service, including direct-to-home satellite service, that is one meter or less in diameter, (ii) an antenna designed to receive video programming service, including multichannel multipoint distribution service, instructional television fixed service, and local multipoint distribution service, and is one meter or less in diameter or diagonal measurement, (iii) an antenna designed to receive televiSion broadcast signals, and (iv) a mast supporting an antenna described in items (i), (ii), and (iii) above. c) Additional Restrictions. The Association may adopt additional restrictions on installation or use of Authorized AnteIma on an Owner's Lot as part of the Association's rules and regulations so long as such restrictions do not (i) unreasonably delay or prevent installation, maintenance or use of an Authorized Antenna, (ii) unreasonably increase the cost of installation, maintenance or use of an Authorized Antenna, or (iii) preclude acceptable quality reception. The Association may prohibit the installation of an Authorized antenna if the installation, location or maintenance of such Authorized Antenna unreasonably affects the safety of managers, agents or employees of the Association and other Owners, or for any other safety-related reason established by the Association. Nothing herein shall be construed to restrict in any manner the Board's right to authorize a cable television franchisee or other provider of similar services to provide cable television, radio or other similar services to the Project. 4.09. Righl_to_12.a~. No Owner shall be permitted to lease or rent his/her Lot for transient or hotel purposes, which shall include, but not be limited to, rental for any period less than 30 days. All leases must be in writing and be expressly subject to the Project Documents and the Association Rules, and the breach of any provision 'shall be a default under the lease or rental agreement. Subject to the foregoing restrictions, the Owners of Lots shall have the right to lease the same, provided that the Board is notified of the name of the tenant and the duration of the lease. The Owner shall provide the Lessee with a copy of the Articles, Bylaws, Declaration and any Association Rules. 4.10. Architectural Approval. No building, fence, wall, obstruction, screen, awning, or structure of any kind shall be commenced, erected or maintained upon the Project, nor shall any alteration or improvement of any kind be made thereto until the same has been approved in writing by the Board. Plans and specifications showing the nature, kind, shape, color, size, materials and location of such improvements, alterations, etc., shall be submitted to the Board for approval as to quality of workmanship and design and harmony of external design with existing structures, and as to location in relation to surrounding structures, topography, and finish grade elevation. 4.3 No landscaping on a Lot visible fi:om the street or from the Common Area shall be undertaken by any Owner until plans and specifications showing the nature, kind, shape and location of the materials have been submitted to and approved in writing by the Board. Failure of the Board to act within 30 days after the plans have been submitted to it shall constitute approval. In the event of the failure of any individual Lot Owner to comply with a written directive or order fi:om the Board, the Board shall have the fight and authority to perform the subject matter of such directive or order and the cost of such performance shall be charged to the Owner of the Lot in question and may be recovered by the Board in an action of law against such individual Lot Owner. 4.11. Window Coverings. Windows shall be covered by drapes, shades or interior shutters and shall not be painted or covered by foil, cardboard or similar materials. All window coverings visible fi:om the Common Area shall be of a material, design and color which, in the opinion of the Board, is compatible with the exterior design and coloration of adjacent portions of the Project. 4.12. Clnthe~line~. No exterior clotheslines or other outside clothes drying or airing facility shall be erected or maintained on the properties in any location where the same would be visible fi:om any street or neighboring Lot. Further, no clothes washers, clothes dryers, refrigerators or freezers may be kept, stored or operated on any balcony, patio, porch or other exterior area. 4.13. Drainage. No Owner shall do any act or construct any improvement which would interfere with the natural or established drainage systems or patterns within the Project without the approval of the Board. 4.14. I.iahilitv nf IDwner.q for Damage tn Cnmmnn Area. The Owner of each Lot shall be liable to the Association for all damages to the Common Area and/or improvements thereon caused by such Owner, or any occupant of his/her Lot or guest, except for that portion of said damage, if any, fully covered by insurance of the Association. Liability of an Owner shall be established only after notice to the Owner and hearing before the Board. 4.15. S,ur~s~dxlxn~. No fixed basketball standards or fixed sports apparatus shall be attached to any Unit or garage or erected on any Lot or within the Common Area, unless the location of the standard or other sports fixture is not visible from the street or other adjacent Lots. Regarding portable basketball standards, when such portable standards, are not in use, they shall be stored out of view. The Committee shall have the fight to alter this provision at its discretion. 4.16. ~. No noxious, illegal or offensive activities shall be carried on within any Lot, or in any part of the Project, nor shall anything be done thereon which may be or may become an annoyance or a nuisance to or which may in any way interfere with the quiet enjoyment of each Owner's Lot or Common Area, or which would in any way increase the rate of insurance for the Project or for any Lot, or cause any insurance policy to be cancelled or to cause a refusal to renew the same, or which would impair the structural integrity of any building. 4.17. Comnlianee with Pm.ieet Documentq. Each Owner, contract purchaser, lessee, tenant, guest, invitee or other occupant of a Lot or user of the Common Area shall comply with the provisions of the Project Documents and Association Rules. 4.4 4.18. ,qc~md Tran.~mis.~inn~. No Lot shall be altered in any manner that would increase sound transmissions or reverberations to any adjoining or other Lot, including, but not limited to, the replacement, modification, or penetration of any flooring or floor covering, ceiling, or wall that increases sound transmissions or reverberations to any other Lot. 4.5 ,~F. CTION 5: MAINTFNANCE Ol~T JGATION~ 5.01. Association Maintenance Obligations. The Association shall be responsible for maintaining the following in good condition and repair: a) Common Ares lmprovement~q. The Association shall maintain or provide for the maintenance of all Common Area improvements, including but not limited to, the driveway, grass cell fire track turnaround area, utility buildings and utility laterals located within the Common Area. The Association shall also be responsible for major repair of the driveways located on the Common Area serving the individual Lots. Lot Owners shall be responsible for the maintenance of said driveways. b) Landscaping. The Association shall provide gardening services for all the landscaping within the Common Area and the open areas of individual Lots up to the exterior walls or fences of the Lots. The sprinkling systems originally installed on the Common Area in connection with the landscaping improvements shall also be operated and maintained by the Association. c) ~. In order to preserve the exterior harmony and appearance of the Project, the Association shall perform all painting and/or staining of the exterior wall surfaces and exterior trim of each Lot and shall repair, repaint or restain the fences and/or walls within the Project. d) The Association shall repair and replace the roof of each Lot and garage, as needed. e) Gntter~ and Down?emt~. All gutters and downspouts shall be maintained and replaced as necessary by the Association. f) renceg and Walls. All fences and Walls shall be maintained and replaced as necessary by the Association except any fence separating Lots which are not visible from the Common Area. g) Damage hv the Presence of Wood-De~tr%ving Pestq. The Association shall bear the costs of repair and maintenance of Common Area and Units damaged by the presence of wood-destroying pests or organisms, and may in turn levy a special assessment to recover such costs. i) The costs of temporary relocation during the repair and maintenance of the areas within the responsibility of the Association shall be borne by the Owner of the separate interest affected. ii) a) The Association may cause the temporary, sunmm~ removal of any occupant for such periods and at such times as may be necessary for prompt, effective treatment of wood-destroying pests or organisms. b) The Association shall give nohce of the need to temporarily vacate a separate interest to the occupants and to the Owners, not less than 15 days nor more than 30 days prior to the date of the temporary relocation. The notice shall state the reason for the temporary relocation, the date and time of the beginning of treatment, the anticipated date and time of termination of treatment, and that the occupants will be responsible for their own accommodations during the temporary relocation. 5.1 c) Notice by the Association shall be deemed complete upon either: (1) Personal delivery of a copy of the notice to the occupants, and sending a copy of the notice to the Owners, if different than the occupants, by first-class mail, postage prepaid at the most current address shown on the books of the Association; or, (2) By sending a copy of the notice to the occupants at the separate interest address and a copy of the notice to the Owners, if different than the occupants, by first-class mail, postage prepaid, at the most current address shown on the books of the Association. (3) For purposes of this section, "occupant" means an Owner, resident, guest, invitee, tenant, lessee, sublessee, or other person in possession of the separate interest. If any of the maintenance or repair work referred to above is necessitated by the willful or negligent acts of the Owner, his/her family, guests or invitees, the costs of such special restoration or repairs shall be chargeable to the Owner as provided in Section 8. 5.02. Owner.q' Maintenance Ohligatinn,q. Except for the landscaping and limited exterior maintenance to be performed by the Association as specified above, each Owner shall be responsible for maintaining his/her Lot and Unit including all improvements and landscaping thereon, in good condition and repair, including specifically: a) Dnnr.q_ Each Owner shall maintain and repair or replace the entryway door(s) to his/her Lot, provided that any painting or staining shall be in the same color as originally used unless a different color has been approved by the Board. b) Gla.q~q. All windows and sliding glass doors shall be cleaned (outside as well as inside), repaired and replaced by the individual Owners. c) Appliance.q and F. n2fipment~ Each Owner shall be responsible for maintaining, repairing and replacing all appliances within his/her Lot, including air conditioning and heating equipment, water heaters, plumbing and lighting fixtures, or other mechanical equipment servicing his/her particular Lot. d) lltilitv Cnnnectinn~q. Utility lines and connections, including sewer, electrical, plumbing and gas lines, which are located within a Lot and provide service to the Lot, shall be maintained and repaired by the Owner of the Lot in question and/or the utility company involved, rather than by the Association. e) Private Patios; Deekq and Yards. Subject to any restrictions on planting and grading contained elsewhere in this Declaration, each Owner shall plant, landscape and maintain the patio spaces, decks and yards which are enclosed for private use as part of his/her individual residence area. f) lnterinr_ Each Owner shall maintain the interior of his/her residence and shall be entirely responsible for the painting, decorating, cleaning and maintenance thereof, including all personal property and fixtures therein. 5.2 g) Fenee.~. Any fence which separates the rear or side yard of two Lots which is not visible from the Common Area shall be jointly maintained and replaced by the two Lot Owners sharing said fence. If an Owner fails to maintain his/her Lot as provided herein in a manner which the Board reasonably deems necessary to preserve the safety, appearance and/or value of the Project, the Board may notify the Owner of the work required and request that it be done within a reasonable and specific period. If the Owner fails to perform such maintenance and/or repairs within said period, the Board shall, subject to the notice and heating requirements set forth in the Bylaws, have the right to enter upon the Lot to cause such maintenance and/or repair work to be performed. The cost of any such repair or maintenance shall be charged to the Owner through an Individual Charge as provided in Section 8. Notwithstanding the foregoing, in the event of an emergency arising out of the failure of an Owner to maintain his/her Lot, the Board shall have the right, through its agents and employees, to immediately enter the Lot to abate the emergency and individually charge the cost thereof to such Owner. 5.5 SF, CTION 6: ASSOCIATION; ADMTNISTR ATION; MF, MBRRSFITP AND VOTING 6.01. Association to Manage Pro.iect. There shall at all times exist an Association. The management of the Project shall be vested in the Association in accordance with the Project Documents, and all applicable laws, regulations and ordinances of any governmental or quasi-governmental body or agency having jurisdiction over the Project. 6.02. Member.qhip. Each Owner shall be a Member of the Association, and shall remain a Member thereof until such time as ownership ceases for any reason, at which time that Owner's membership in the Association shall automatically cease. 6.03. Tran~qferred Memher.~hip. Membership in the Association shall not be transferred, pledged or alienated in any way, except upon the sale or encumbrance of the Lot to which it is appurtenant, and then only to the purchaser in the case of a sale, or Mortgagee in the case of an encumbrance of such Lot. A Mortgagee does not have membership rights until it becomes an Owner by foreclosure or deed in lieu thereof. Any attempt to make a prohibited transfer is void. Any person or entity acquiring fee title or equitable title to a Lot, whether by reason of a deed from the Owner or through foreclosure, shall within 15 days of acquiring such title, inform the Association in writing of the date such title transferred and the name or names in which title is held. 6.04. Cla~q~qe~q of Memher.qhip and Voting. The Association shall have two classes of voting Members, however, voting rights attributable to Units shall not vest until assessments against those Units have been levied against the Association. Cla~.q A. Class A Members shall be all Owners except Declarant and shall be entitled to one vote for each Lot owned. When more than one person or entity owns a Lot, all such persons and entities shall be Members and the vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. Cla~.q B. The Class B Member shall be the Declarant, which shall be entitled to three votes for each Lot owned. 6.05. Term/nation of C. la.q.q 1:1 Memhemhip_ The Class B membership shall be irreversibly converted to 'Class A membership upon the occurrence of whichever of the following is first in time: a) When the total outstanding votes held by Class A Members equal the total outstanding votes held by the Class B Member, or, b) Final Public Report. The second anniversary of the first cOnveyance of a Lot in the Project pursuant to a 6.06. Approval of Mernber,q Other Than Declarant. With the exception of actions authorized for the Enforcement of Bonded Obligations, no action which requires the approval of a prescribed majority of the voting power of Members of the Association other than the Declarant shall preclude the Declarant from casting votes attributable to subdivision interests which it owns. 6.1 Where a two class voting structure is in effect, any action requiring the approval by the vote or written assent of a prescribed majority of the Class A voting power shall also require the vote or written assent of a bare majority of the Class B voting power. Where a single class voting structure exists, after the conversion of Class B to Class A membership, approval of any action by the vote or written assent of a prescribed majority of.the total voting power of Owners other than the Declarant shall also require the approval by vote or written assent of a bare majority of the total voting power of the Association. 6.07. lnsnection of Books. All Members shall have reasonable access to inspect the books, records and financial statements of the Association, including annual audited financial statements, when such are prepared pursuant to this Declaration and subject to the same. 6.08. Commencement of Voting Rights. Voting rights attributable to Lots shall not vest until assessments against those Lots have been levied by the Association. 6.09. Co-Owner Vote.q. The vote for each Lot may not be cast on a fractional basis. If the Co-Owners of a Lot are unable to agree among themselves as to how their vote shall be cast, they shall forfeit the vote on the matter in question. If only one Owner exercises the vote of a particular Lot, it shall be conclusively prestaned for all purposes that he/she was acting with the authority and consent of all other Owners of the same Lot. If more than one Co-Owner exercises the vote for a particular Lot, their votes shall - not be counted and shall be deemed void. 6.10. Membership Meetings. Regular and special meetings of Members and of the Board shall be held with the frequency and at the time and place and in accordance with the provisions of the Bylaws. 6.11. Notice and Place of Meetings. Written notice of each meeting of the Members shall be given by, or at the direction of, the Secretary or person authorized to call the meeting, by mailing a copy of such notice, postage prepaid, at least 10 days but not more than 90 days before such meeting to each first mortgagee requesting notice and to each Member, addressed to the Member's address last appearing on the books of the Association, or supplied by such Member to the Association for the purpose of notice. Such notice shall specify the place, day and hour of the meeting, and in the case of a special meeting, the purpose of the meeting. Meetings shall be held within the Project or at a meeting place as close thereto as reasonably possible. 6.12. Flnard of' Directnrs. The affairs of the Association shall be managed by a Board of Directors, which shall be established and which shall conduct regular and special meetings, according to the provisions of the Bylaws. 6.2 ~F, CTTON 7: POwF, RR; DI TTTI~.R AND T,TM1TATTON~ OF ~ A~SOCTATTON 7.01. Power~ and Dutie,~ of A~,~oeiation. In addition to the powers and duties enumerated in its Articles and Bylaws or elsewhere provided for herein, and without limiting the generality thereOf, the Association and the Board shall have the following powers and duties: a) Delegation of Powera. To delegate powers to committees, officers or employees of the Association as expressly authorized by the Project Documents. b) Management Agent. To employ a management agent and to contract with independent contractors to perform any part of the duties and responsibilities of the Association, provided that any contract with a firm or person appointed as a managing agent or any other contract providing for services of the developer, sponsor or builder shall not exceed a 1 year term renewable by the parties for successive one year periods and shall provide for the fight of the Association to terminate the same at the first annual meeting of the Members of the Association, to terminate the same for cause on 30 days written notice, and either party may terminate without cause and without payment of a termination fee on 60 days written notice. c) Maintenance. To maintain the Project as required by the provisions of this Declaration. d) Supervi.qion. To supervise all officers, agents and employees of the Association and see that their duties are properly performed. e) p,~q.qe~.qrnenLq; T.ien.q and Fine.q. To levy and collect assessments and as provided in the Project Documents, impose fines or take disciplinary action against an Owner for failure to pay assessments or for violation of any provision of the Project Documents. Penalties may include, but are not limited to: fmcs, temporary suspension of voting rights or fights to use of the facilities on the Common Area, or other appropriate discipline for failure to comply with the governing instruments, provided that the accused Member is given notice and the opportunity to be heard by the Board with respect to the alleged violations before a decision to impose discipline is reached. Such notice and heating procedures shall satisfy the minimum requirements of Corporations Code Section 7341. f) F~nforeement of Pro~ieet Domlment~. To enforce applicable provisions of the Project Documents for the ownership, management and control of the Project. g) Adontion of Rnle~q. To adopt, amend and repeal reasonable rules consistent with this Declaration relating to the use of the Common Area and all facilities thereon, and the conduct of Owners and their tenants and guests with respect to the Project and other Owners. A copy of the Association Rules as adopted, amended or repealed shall be mailed or otherwise delivered to each Owner and a copy shall be posted in a conspicuous place within the Project. h) Records. Cause to be kept a complete record of all its acts and corporate affairs and to present a statement thereof to the Members at the annual meeting of the Members, or at any special meeting when such statement is requested in writing by 5% or more of the total voting power of the Association; keep adequate and correct books and records of account, minutes of proceedings of its Members, Board and committees, and a record of its Members giving their names, addresses and classes of membership. 7.1 i) lltilitie.q_ To acquire, provide and pay for water, sewer, garbage disposal, refuse and rubbish collection, electrical, telephone, gas and other utility services as necessary for the Common Area. j) Cn'anfng of g.a.qementq. To grant easements where necessary for utilities and sewer facilities over the Common Area to serve the Common Area and the Lots. k) F. xerci.qe of F.a.qementq. To exercise all easement rights as granted to it in this Declaration for the purpose of performing the maintenance authorized herein or for any other purpose reasonably related to the performance by the Association, the Association's agents or employees, or the Board of their responsibilities. 1) Contraet.q. To contract for goods and/or services for the Common Area facilities and interests or for the Association, subject to limitations elsewhere set forth in the Project Documents. m) l.imit Number of Oue.qtq. To limit the number of an Owner's guests who may use any facilities on the Common Area. Declarant. n) Title tn C. nmrnnn Area. To accept title to the Common Area conveyed to it by o) Acoui.qitinn nf Prnpenty. To acquire (by gift, purchase or otherwise), own, hold, improve, build upon, operate, maintain, convey, sell, lease, transfer, dedicate for public use or otherwise dispose of real or personal property in connection with the affairs of the Association. p) Bndgetq. To prepare budgets and financial statements for the Association as prescribed in this Declaration. cO l.egal and Accoun6ng. To obtain and pay the cost of legal, accounting and other professional services necessary or proper for the maintenance and operation of the Project and the enforcement of the Project Documents. r) F. mergeney Repair. To enter upon any privately owned Lot as necessary in connection with construction, maintenance or emergency repair for the benefit of the Common Area or the Owners in common. s) F. lectinn of the Officer.q of the Board. To elect the Officers of the Board. t) Board Member. Eilling__V_amme~. To fill vacancies on the Board created by the removal of a 7.02. Prnnertv Taxes and A.q.qe.q.qrnent~q. Each Owner shall be obligated to pay any taxes or assessments levied by the County Assessor against his/her Lot and personal property. To the extent not assessed to or paid directly by the Owners, the Association shall pay all real and personal property taxes and assessments levied upon any portion of the Common Area or other Property owned by the Association. 7.2 The Association shall prepare and file annual tax returns with the Federal government and the State of California and make such elections as may be necessary to reduce or eliminate the tax liability of the Association. 7.03. ~. The Association shall maintain casualty, liability and other insurance on behalf of the Association as required by the provisions of this Declaration. 7.04. Discharge of I.ien~. The Association shall discharge by payment, if necessary, any lien against the Common Area, and assess the cost thereof to the Owners responsible for the existence of said lien. 7.05. Payment of F. xpen~e.q. The Association shall pay all expenses and obligations incurred by the Association in the conduct of its business including, without limitation, all licenses, taxes or governmental charges levied or imposed against the Property of the Association. 7.06. Prohibited Act.~. The Association, through its Board, shall be prohibited from taking any of the following actions, except with the vote or written assent by vote at a meeting of the Association or by written ballot without a meeting pursuant to Corporations Code Section 7513, of a simple majority of the voting power of the Association residing in Members other than the Declarant, constituting a quorum consisting of more than fifty percent (50%) of the voting power of the Association residing in Members other than the Declarant: a) Entering into a contract with a third' person wherein the third person will furnish goods or services for the Common Area or the Association for a term longer than one year with the following exceptions: i) A management contract, the terms of which have been approved in writing by the Federal Housing Administration or the Department of Veterans Affairs; ii) A contract with a public utility company if the rates charged for the materials or services are regulated by the Public Utilities Commission; provided, however, that the term of the contract shall not exceed the shortest term for which the supplier will contract at the regulated rate; iii) Prepaid casualty and/or liability insurance policies of not to exceed three years duration provided that the policy permits short rate cancellation by the insured; iv) Agreements for cable television services and equipment or satellite dish television services and equipment of not to exceed five years duration provided that the supplier is not an entity in which the subdivider has a direct or indirect ownership interest of 10% or more; v) Agreements for sale or lease of burglar alarm and/or fire alarm equipment, installation and services of not to exceed five years duration provided that the supplier or suppliers are not entities in which the subdivider has a direct or indirect ownership interest of 10% or more; or, vi) A contract for a term not to exceed three years that is terminable by the Association after no longer than one year without cause, penalty or other obligation upon ninety (90) days written notice of termination to the other party. 7.3 b) Incurring aggregate expenditures for capital improvements to the Common Area in any fiscal year in excess of 5% of the budgeted gross expenses of the Association for that fiscal year; c) Selling during any fiscal year property of the Association having an aggregate fair market value greater than 5% of the budgeted gross expenses of the Association for that fiscal year; d) Paying compensation to Members of the Board or to officers of the Association for services performed in the conduct of the Association's business; provided, however, that the Board may cause a Member or officer to be reimbursed for expenses incurred in carrying on the business of the Association; or, e) Filling of a vacancy on the Board created by the removal of a Director. 7.07. Action Requiring Con,eot. The Board shall take the following actions only upon obtaining the consent of Members as follows: a) The Consent of two-thirds of the voting power of the Association residing in Members other than the Declarant so long as the Declarant holds or directly controls at least 25% of the voting power of the Association, and after the Declarant no longer controls 25% or more, the consent of two-thirds of the total voting power of all Members shall be necessary to do the following: i) Borrow money, and only with the assent (by vote or written consent) of two-thirds (2/3) of Members, mortgage, pledge, deed in trust, or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred; ii) Dedicate, sell or transfer all of or any part of any interest it may have in the Common Area to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the Members; provided that no such dedication or transfer shall be effective unless an instrument has been signed by two-thirds (2/3) of the Members agreeing to such dedication, sale or transfer, and any sale of all or substantially all of the Association's assets must be in compliance with Section 7.07(b) below; or, iii) Participate in mergers and consolidations with other non-profit corporations organized for the same purpose or annex additional residential property, .provided that any merger, consolidation or such annexation shall have the assent by vote of two-thirds (2/3) of Members or by the written consent of such Members, excluding Declarant. b) The consent of 100% of the Members shall be required so long as there is any Lot, parcel, area, apartment or Unit for which the Association is obligated to provide management, maintenance, preservation or control for the Association to do the following: i) Transfer all or substantially all of its assets; or, ii) File a certificate of dissolution. 7.08. Di.qpnte ge~olution~q. In any dispute in which the Association is a party, the Association may perform any act reasonably necessary to resolve any such civil claim or action through dispute resolution proceedings found in this Section 7. 7.4 7.09. Di,qnute No6fication and Re,qolution Prncedure (Owner Di~qpum~q), Any disputes between Owners regarding their respective rights and duties under this Declaration shall be resolved in accordance with the provisions of this Section. This does not apply to: (i) disputes between the Association and any Owner or (ii) Declarant disputes that are covered under the provisions of the Section entitled "Dispute Notification and Resolution Procedure (Declarant Disputes)". If there is a dispute between Owners regarding their rights or duties under this Declaration, either party may submit a written request to the other party to have the dispute resolved in accordance with the provisions of this Section (the "Resolution Notice"). No later than 20 business days following the receipt of the Resolution Notice by the other party, the Owners shall meet and negotiate in good faith to resolve the dispute. Ifa party refuses or fails to meet for any reason or if the dispute cannot be resolved as a result of the meeting, the dispute shall be resolved in accordance with the procedures described in subparagraphs a) and/or b) below in that order. a) ~. If the dispute has not been resolved within 30 days of receipt of the Resolution Notice, the dispute shall be submitted to mediation pursuant to the mediation procedures adopted by the American Arbitration Association or any successor thereto or to any other entity offering mediation services that is acceptable to the parties. Either party may initiate the mediation procedures. If either party fails or refuses to participate in mediation for any reason, the other party may commence binding arbitration as described in subparagraph b). The arbitrator shall take into account a party's failure or refusal to mediate in awarding costs and attorneys' fees. The mediator has discretion to conduct the mediation in the manner in which the mediator believes is most appropriate for reaching a settlement of the dispute. The mediator is authorized to conduct joint and separate meetings with the parties and to make oral and written recommendations for settlement. Whenever necessary, the mediator may also obtain expert advice concerning technical aspects of the dispute, provided the parties agree and assume the expenses of obtaining such advice. The mediator does not have the authority to impose a settlement on the parties. b) Binding Arbitration. If the parties do not resolve the dispute pursuant to the procedures described in subparagraph a), either party may commence binding arbitration under the procedure adopted by American Arbitration Association or any other arbitration provider mutually acceptable to the parties. The following rules and procedures shall apply in all cases unless the parties agree otherwise: i) the proceedings shall be heard in the County; ii) the arbitrator need not be an attorney or retired judge; but, if not, the arbitrator must have at least five years' experience in relevant real estate matters; iii) the arbitrator may require one or more pre-hearing conferences; iv) the parties shall be entitled to discovery to the extent authorized under Code of Civil Procedure section 1283.05, and the arbitrator shall oversee discovery and may enforce all discovery orders in the same manner as any trial court judge; 7.5 v) the arbitrator shall apply the rules of law, including the rules of evidence, unless expressly waived by both parties; vi) at the request of either party, a stenographic record of the heating shall be made, provided that the record shall remain confidential except as may be necessary for any appeals (the requesting party shall pay the stenographic fees, which shall be included as court costs); vii) the arbitrator's statement of decision shall contain findings of fact and conclusions of law to the extent applicable, and the arbitrator's decision shall be rendered within 30 days of the conclusion of the heating; person(s); viii) administration of the arbitration shall be by a neutral and impartial ix) the neutral and impartial individual(s) who serves as arbitrator(s) shall be appointed, with the arbitrator(s) to be appointed within a specified period of time, which in no event shall be more than sixty days from the administrator's receipt of written request from a party to arbitrate the claim or dispute. In selecting the arbitrator, the provisions of Section 1297.121 of the Code of Civil Procedure shall apply. An arbitrator may be challenged for any of the grounds listed therein or in Section 1297.124 of the Code of Civil Procedure; x) the arbitrator in his/her discretion, may award costs and/or attorneys' fees to the party that the arbitrator determines is the prevailing party; relief; and, the arbitrator's decision may include monetary damages and/or equitable xii) the arbitrator's decision shall be f'mal and binding on the parties unless the arbitrator has made an error of law that is apparent in the face of the decision and that results in a substantial injustice to either party; errors of fact are not grounds to set aside the award. The arbitrator's decision may be enforced in any court of competent jurisdiction. 7.10. DJ?ute Notification and Re.qnlution Procedure .(Declarant Di.?utes). Any disputes between the Association (or any Owners) and the Declarant or any director, officer, partner, employer, subcontractor or agent of the Declarant relating to this Declaration, the use or condition of the Property, and/or the design, construction and installation of any Improvements located thereon shall be subject to the following provisions: a) Notice. Any person with a claim against the Declarant or any director, officer, partner, employer, subcontractor or agent thereof (collectively the "Declarant" for purposes of this section) shall notify the Declarant in writing of the claim, which writing shall describe the nature of the claim and the proposed remedy (the "Claim Notice"). b) Right tn ln?eet and Right to Corrective Aetinn. Within a reasonable period after receipt of the Claim Notice, which period shall not exceed 60 days, the Declarant and the claimant shall meet at a mutually-acceptable place within the Project to discuss the claim. At such meeting or at such other mutually-agreeable time, Declarant and Declarant's representatives shall have full access to the 7.6 Property that is subject to the claim for the purposes of inspecting the Property. The parties shall negotiate in good faith in an attempt to resolve the claim. If the Declarant elects to take any corrective action, Declarant and Declarant's representatives and agents shall be provi.ded full access to the Project to take and complete corrective action. If the claim is subject to the provisions of Civil Code Section 1375, as it may be amended from time to time, compliance with the procedures of Civil Code Section 1375 shall satisfy the requirements of this section. c) ~. If the parties cannot resolve the claim pursuant to the procedures described above (including, if applicable, Civil Code section 1375 procedures), the matter shall be submitted to mediation using a mediator that is acceptable to the parties. If the parties cannot agree on a mediator, any party may petition the superior court of the county in which the Project is located for appointment of the mediator by the presiding judge. No person shall serve as a mediator in any dispute in which the person has any financial or personal interest in the result of the mediation, except by the written consent of all parties. Prior to accepting any appointment, the prospective mediator shall disclose any circUmStances likely to create a presumption of bias or prevent a prompt commencement of the mediation process. Within ten days of the selection of the mediator, the parties shall submit brief memoranda setting forth their positions with regard to the issues that need to be resolved. The mediator shall have the right to schedule a pre-mediation conference and the parties shall attend unless otherwise agreed. The mediation shall be commenced within ten days following the submittal of the memoranda and shall be concluded within 15 days from the commencement of the mediation unless the parties mutually agree to extend the mediation period. The mediation shall be held in the county in which the Project is located or such other place as is mutually acceptable to the parties. The mediator has discretion to conduct the mediation in the manner in which the mediator believes is most appropriate for the dispute. The mediator is authorized to conduct joint and separate meetings with the parties and to make oral and written recommendations for settlement. Whenever necessary, the mediator may also obtain expert advice concerning technical aspects of the dispute, provided the parties agree and assume the expenses of obtaining such advice. The mediator does not have the authority to impose a settlement on the parties. Prior to the commencement of the mediation session, the mediator and all parties to the mediation shall execute an agreement pursuant to California Evidence Code section 1152.5(c) or successor statute in order to exclude the use of any testimony or evidence produced at the mediation in any subsequent dispute resolution forum, including, but not limited to, court proceedings, reference proceedings or arbitration hearings. Pursuant to California Evidence Code section 1152.5(a), the agreement shall specifically state: "Evidence of anything said or of any admission made in the course of the mediation is not admissible evidence, and disclosure of any such evidence shall not be compelled in any civil action in which, pursuant to law, testimony can be compelled to be given. Unless the document provides otherwise, no document prepared for the purpose of, or in the course of, or pursuant to, the mediation, or copy thereof, is admissible in evidence; and disclosure of any such document shall not be compelled in any civil action in which, pursuant to law, testimony can be compelled to be given." 7.7 Persons other than the parties, the representatives and the mediator may attend mediation sessions only with the permission of the parties and the consent of the mediator. Confidential information disclosed to a mediator by the parties or by witnesses in the course of the mediation shall not be divulged by the mediator. All records, reports or other documents received by the mediator while serving in such capacity shall be confidential. There shall be no stenographic record of the mediation process. The expenses of witnesses for either side shall be paid by the party producing such witnesses. All other expenses of the mediation, including required traveling and other expenses of the mediator, and the expenses of any witnesses, or expert advice produced at the request of the mediator, shall be borne equally by the parties unless they agree otherwise. d) Judicial Reference. If the parties cannot resolve the claim pursuant to the procedures described in the subparagraph entitled "Mediation" above, the parties shall submit the dispute to judicial reference using a general referee acceptable to the parties; or, if the parties cannot agree, any party may petition the superior court of the county in which the Project is located for appointment of the general referee by the presiding judge for resolution under Code of Civil Procedure sections 638 through 645.1 or any successor statutes thereto.' The general referee shall have the authority to try any and all issues in the proceeding, whether of fact or law, and to report a statement of decision. Neither the referee nor any party shall have the fight to impanel a jury. The following rules and procedures shall apply in all cases unless the parties agree otherwise: located; i) The proceedings shall be heard in the county in which the Project is ii) The referee shall be an attorney or retired judge with at least five years experience in real estate matters; iii) Any dispute regarding the selection of the referee shall be resolved by the entity providing the reference services or, if no entity is involved, by the court with appropriate jurisdiction; iv) The referee may require one or more pre-heating conferences; v) The parties shall be entitled to discovery, and the referee shall oversee discovery and may enforce all discovery orders in the same manner as any Irial court judge; vi) The referee shall have the power to hear and dispose of motions in the same manner as a trial court judge; vii) The referee shall apply the rules of law, including the rules of evidence, unless expressly waived by both parties; viii) A stenographic record of the hearing shall be made, provided that the record shall remain confidential except as may be necessary for post-hearing motions and any appeals; 7.8 ix) The referee's statement of decision shall contain findings of fact and conclusions of law to the extent applicable; x) The referee shall have the authority to rule on all post-heating motions in the same manner as a Wial judge; xi) Each party retains the same appeal rights of the referees' decision as if the decision were rendered by a trial court judge; and, xii) The referee shall determine the allocation of fees. If the Association and/or Owner has complied with the requirements of subparagraphs a), b), c) and d) above and Declarant or any other party elects not to participate in the judicial reference proceeding because all necessary and appropriate parties will not participate, the Association, any Owner or Declarant may bring an action in any court of competent jurisdiction to resolve the dispute. The Association and each Owner covenants that each shall forbear from commencing any litigation against the Declarant without complying with the procedures described in subparagraphs a), b), c) and d) above. If the Association or any Owner breaches the foregoing covenant, Declarant may obtain an appropriate order compelling the Association and/or Owner to comply with the procedures described in subparagraphs a), b), c) and d). The procedures set forth in subparagraph a), b), c) and d) above shall not apply to any action taken by the Association against Declarant for delinquent assessments, which shall be governed by the Section entitled "Assessments", or in any action involving any Common Area Improvement bonds, which shall be govemed by the provisions of the Section entitled "Enforcement of Bonded Obligations". Furthermore, nothing herein shall prevent the Association or any Owner from commencing any legal action which in the good faith determination of the Board or Owner is necessary to preserve any Association's or Owner's rights under any applicable statute of limitations, provided that the Association or Owner shall take no further steps in prosecuting the action until it has complied with the procedures described in subparagraph a), b), c) and d). Notwithstanding any other provision herein to the contrary, in any dispute between the Association and/or any Owner and the Declarant, each party shall bear its own attorneys' fees. The referee may award costs to the party that the referee determines prevailed in the proceeding. Any and all communications by and between the parties, whether written or oral, which are delivered by the parties or their attorneys or other representatives in an effort to settle the claim shall be considered communications undertaken in the course of effecting a settlement or compromise and as such shall not be admissible as the admission on the part of any party or any representative or agent of the party to be utilized for any such purpose in any action or proceeding. limitations. Nothing herein shall be considered to reduce or extend any applicable statute of '7.11. Civil Action Again~qt Declarant, Not earlier than 30 days prior to the filing of any civil action by the Association against the Declarant for alleged damage to the Common Areas, alleged damage to the Separate Interest that the Association is obligated to maintain or repair, or alleged damage to the Separate Interests that arises out of, or is integrally related to, damage to the Common Areas or Separate Interest that the Association is obligated to maintain or repair, the Board shall provide written notice to each Member of the Association. This notice shall specify all of the following: 7.9 civil action; That a meeting will take place to discuss problems that may lead to the filing of a b) The options, including civil actions, that are available to address the problems; c) The time and place of this meeting; and, d) Notwithstanding subdivision a), if the Association has reason to believe that the applicable statute of limitations will expire before the Association files the civil action, the Association may give the notice, as described above, within 30 days after the filing of the action. 7.12. hn.?eetinn and Mainmnanee Guideline~q. The Board shall adopt inspection and maintenance guidelines for the periodic inspection and maintenance of the Common Area improvements and landscaping, including, but not limited to, foundations, gutters, down-spouts and down-spout connections, drainage, deck drains, decks, wall surfaces, trim, roofs, window caulldng, utility equipment maintained by the Association, streets, parking areas, any and all recreational facilities, and the imgation system. The Board periodically and at least once every two years, shall review and update the inspection and maintenance guidelines. The Board shall take all appropriate steps to implement and comply with the inspection and maintenance guidelines. 7.10 SECTION g: A~q~qF.,q,qM'l:;.NT,q 8.01. A~reement tn Pay; Per.~nnal OhliEatinn. Declarant, and its successor in interest, if any, for each Lot owned by it, and each Owner, by acceptance of a deed thereto, whether or not it shall be so expressed in such deed, covenants and agrees to pay to the Association: a) Regular Annual Assessments; b) Special Assessments for capital improvements or unusual expenses to be established and collected as hereinaf/er provided (Regular Assessments and Annual Assessments are for convenience of reference collectively referred to as "Assessments"); and, c) Individual Charges levied against an individual Owner, to be established and collected as provided in this Declaration and in the other Project Documents. All Assessments and Individual Charges, together with any late charges, interest, collection costs and reasonable attorney's fees incurred in collecting delinquent Assessments and Individual Charges, shall be the obligation of the Owner of such Lot at the time when the Assessments or Individual Charges fell due. If more than one person or entity was the Owner of a Lot at the time the Assessments or Individual Charges fell due, the obligation to pay each Assessment and Individual Charge shall be joint and several. The obligation for delinquent Assessments and Individual Charges shall not pass to any transferee unless expressly assumed by him/her. No Owner may exempt him/herself from liability for his/her Assessments or Individual Charges obligation by waiver of the use or enjoyment of any of the Project. If an Owner has a dispute with the Association regarding an assessment levied by the Association, the Owner may pay the assessment under protest in accordance with the procedures set forth in Civil Code section 1366.3 or any successor statute thereto. 8.02. Purpose of A.q~e.q.qrnent.q. The assessments levied by the Association shall be used exclusively for paying the costs of and creating reserves for the costs of all obligations which the Association is authorized or obligated to perform as described in this Declaration. 8.03. A,q~es~qrnent.q of Vacant l.ntq. Notwithstanding the foregoing, Declarant and any other Owner of a Lot which does not include a structural improvement for human occupancy shall be exempt from the payment of that portion of any Assessment which is for the purpose of defraying expenses and reserves directly attributable to the existence and the use of the structural improvement. The exemption shall include, but shall not necessarily be limited to: a) b) c) d) e) 0 g) Roof replacement; Exterior maintenance; Walkway and parking area lighting; Refuse disposal; Cable television; and, Domestic water supplied to living units, and Front yard landscape maintenance. Any exemption from the payment of assessments shall be in effect only until the earliest of the following events: a) A Notice of Completion of the structural improvements has been recorded; b) Occupation or use of the dwelling unit; or, 8.1 c) obliged to maintain. Completion of all elements of the residential structures which the Association is 8.04. Common Facility. Assessment F. xemptinn. The Declarant and any other Owner of a Lot may be exempted Dom the payment of that portion of any assessment which is for the purpose of del~aying expenses and reserves directly attributable to the existence and use of a common facility that is not complete at the time assessments commence. Any exemption fi-om the payment of assessments shall be in effect only' until the earlier of the following events: a) A Notice of Completion of the common facility has been recorded; or, b) The common facility has been placed into use. 8.05. R%mlar Annual Assessments and Snecial Assessments_ The provisions of this subsection entitled "Regular Annual and Special Assessments" are intended to comply with Civil Code Sections 1366(a) and (b) in effect as of the date of recordation of this Declaration. If said Civil Code sections are amended in any manner, the provisions of this subsection automatically shall be amended in the same manner, provided that if Civil Code Section 1366(b) is repealed and no successor statue is enacted with respect to restrictions on assessments, the provisions of this subsection shall remain in full force and effect. Civil Code sections 1366(a) and (b) may be amended by the State Legislature, and the Board should confn-m the current statutory requirements. Regular Annual Assessments shall be payable in equal monthly installments, due on the first day of each month, unless the Board adopts some other basis for collection. Notwithstanding any other provisions contained in this section, the Board may increase assessments necessary for emergency situations pursuant to Section 1366 of the Civil Code. 8.06. Qurtmm. For the purposes of establishing "Assessments" above, a quorum means more than 50% of the Members of the Association. In addition, any meeting or election of the Association for purposes of complying with the section and the Subsection above entitled "Regular Annual Assessments and Special Assessments" shall be conducted in accordance with Chapter 5 (commencing with Section 7510) of Part 3, Division 2 of Title 1 of the Corporations Code and Section 7613 of the Corporations Code. 8.07. Individual Charges. Individual charges may be levied against a Member as follows: a) As a monetary penalty imposed by the Association as a disciplinary measure for the failure of a Member to comply with the Project Documents; or, b) AS a means of reimbursing the Association for costs incurred by the Association for the repair of damage to Common Areas and facilities for which the Member was responsible, or to otherwise bring the Member and his/her Lot into compliance with the Project Documents. Such individual charges (other than reasonable late charges, interest, costs of collection and reasonable attorneys' fees related to the collection of Assessments) are not enforceable through the lien provisions of the Project Documents. All individual charges shall comply with California Civil Code Section 1366 to the extent that it is applicable. 8.2 8.08. Eo?al Divi,~inn cfi Re~fiar and S?eial A~.~e.~ment~, Regular and Special Assessments shall be levied against each Lot (and its Owner) equally, based on a fi.action, the numerator of which is one and the denominator of which is the total number of Lots in the Project. 8.09. Cc~rnmeneement of Asse.q.qment~ and Individual Charge.q. The right to levy Assessments and Individual Charges shall commence as to all Lots on the close of escrow for the fn'st conveyance of a Lot. Regular Assessments shall commence as to all Lots the fn'st day of the month following the first conveyance of a Lot under authority of a Public Report. Thereafter, Regular Assessments shall be levied on the first day of each month. 8.10. A.q.qe.q~ment l.ien. Each delinquent Assessment or installment shall be a charge and a continuing lien upon the Lot against which each Assessment is made, the lien to become effective upon recordation of a Notice of Delinquent Assessment, subject to any costs of collection (including attorney's fees), late charges, and interest, by talcing the following steps: a) The Association shall notify the Owner in writing within ten days of the recording of the Notice of Delinquent Assessment by certified mail of the fee and penalty procedures of the Association, shall provide an itemized statement of the charges owed by the Owner, including items on the statement which indicate the principal owed, interest, any late charges and the method of calculation, any attorneys' fees and the collection practices used by the Association, including the right of the Association to the reasonable costs of collection. b) After compliance with the notice requirements of a) above, the Association may impose a lien against the Owner's Lot in the amount of the delinquent assessment or assessments, plus cost of collection, late charges and interest by recording a Notice of Delinquent Assessment with the county recorder of the county in which the Project is located. The notice shall state the amount of the assessment(s) and other sums imposed in accordance with Civil Code section 1366 or any successor statute thereto, a legal description of the Lot against which the assessment(s) and other sums are levied, the name of the record owner of the Owner's Lot in the Project against which the lien is imposed, and, if the lien is to be enforced by nonjudicial foreclosure, the name and address of the trustees authorized by the Association to enforce the lien by sale. The notice shall be signed by any officer of the Association or an employee or agent of the Association authorized to do so by the Board and a copy mailed in the manner required by Civil Code section 2924b to all record owners of the Lot no later than ten days after recordation. Any payments made on the delinquent assessment(s) shall be applied tn'st to the principal owed, and only after the principal owned is paid in full shall payments be applied to interest or collection costs. Upon payment of the sums specified in the Notice of Delinquent Assessment, the Association shall cause to be recorded with the county recorder of the county in which the Project is located a notice stating the satisfaction and release of the lien thereof. After the expiration of 30 days following the recordation of the Notice of Delinquent Assessment, the Board may enforce any assessment lien established hereunder by filing an action for judicial foreclosure or, if the Notice of Delinquent Assessment contained the name and address of the trustee authorized by the Association to enforce the lien by nonjudicial foreclosure, by recording a notice of default in the form described in Civil Code section 2924c(b)(1) to commence a nonjudicial foreclosure. Any nonjudicial foreclosure shall be conducted in accordance with the requirements of Civil Code sections 2924, 2924b, 2924c, 2924f, 2924g and 2924h that apply to nonjudicial foreclosure of mortgages or deeds of trust. The sale shall be conducted by the trustee named in the notice of delinquent 8.3 assessment or by a trustee substituted in accordance with the provisions of Civil Code section 2934a. The Association may bid on the Lot at the sale and may hold, lease, mortgage and convey the acquired Lot. If default is cured before the sale, including payment of all costs and expenses incurred by the Association, the Association shall record a notice of satisfaction and release of lien and, to the extent required by Civil Code section 2924(c)(a)(2), a notice of rescission. In addition m the remedies described herein, the Board, pending the payment in full of all delinquent assessments and related charges, may suspend the voting rights of the Owner. The provisions of this section are intended to comply with the requirements of Civil Code sections 1366.3 and 1367 presently in effect. If those Civil Code sections are amended or rescinded in any manner the provisions of this Section 8.09 automatically shall be amended or rescinded in the same manner. The Board is advised to confirm whether any changes have occurred. 8.4 SECTION 9_' ENFORCE~NT OF R~RTRICTIONS 9.01. General. The Association or any Owner shall have the right to enforce compliance with the Project Documents in any manner provided by law or in bringing an action for damages, an action to enjoin the violation or to specifically enforce the provisions of the Project Documents, to enforce the liens provided for herein (except that no Owner shall have the fight to enforce independently of the Association any Assessment, Individual Charge or Assessment lien created herein) and any statutory lien provided by law, including the foreclosure of any such lien and the appointment of a receiver for an Owner and the right to take possession of the Lot in the manner provided by law. In the event the Association or any Owner shall employ an attorney to enforce the provisions of the Project Documents against any Owner, the prevailing party shall be entitled to reasonable attorneys' fees and costs in addition to any other amounts due as provided for herein. All sums payable hereunder by an Owner shall bear interest at the maximum rate permitted by law from the due date, or if advanced or incurred by the Association or any other Owner pursuant to authorization contained in the Project Documents, commencing 15 days after repayment is demanded. All enforcement powers of the Association shall be cumulative. Failure by the Association or any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. 9.02. Specific Enforcement Right.q. In amplification of, and not in limitation of, the general rights specified in Section 9.01 above, the Association, or its authorized representative, shall have the following rights: a) Enforcement By Sancfion~. i) l.imitatirm. The Association shall have no power to cause a forfeiture or abridgement of an Owner's right to the full use and enjoyment of his/her Lot on account of a failure by the Owner to comply with provisions of the Project Documents except where the loss or forfeiture is the result of the judgment of a court or a decision arising out of arbitration or on account of a foreclosure or sale under a power of sale for failure of the Owner to pay assessments levied by the Association. ii) Di~qeiplinary Actinn. The Association may impose monetary penalties, temPorary suspensions of a reasonable duration (not to exceed 30 days per violation) of an Owner's rights as a Member of the Association or other appropriate discipline for failure to comply with the Project Documents. Notwithstanding the foregoing, the Association shall have no right to interfere with an Owner's right of ingress to or egress from his/her Lot. If the Board adopts a policy imposing monetary penalties, the Board shall adopt and distribute to each Member, by personal delivery or first-class mail, a schedule of the monetary penalties that may be assessed. The Board may change the schedule from time to time and shall dislribute a notice of such changes to the Members in the same manner as the schedule of penalties. The provisions of this paragraph are intended to comply with requirement of Civil Code section 1363(g) presently in effect. If the provisions of section 1363(g) are amended or repealed in any manner, this paragraph automatically shall be amended or repealed in the same manner. Civil Code section 1363(g) may be amended by the State Legislature, and the Board should confirm the cun'ent statutory requirements. If the Board meets to consider or impose discipline upon a Member, the Board shall notify the Member in writing, by either personal delivery or fn'st-class mail, at least 10 days prior to the meeting. The notification shall contain, at minimum, the date, time, and place of the meeting, the nature of 9.1 the alleged violation for which a Member may be disciplined, and a statement that the Member has a right to attend and may address the Board at the meeting. The Board of the Association shall meet in executive session if requested by the Member being disciplined. In such session, the Member, and, if applicable, the Member's counsel, and the Association's counsel shall be entitled to attend. In addition, the Board may interview witnesses and other appropriate parties to the disciplinary proceeding in executive session. If the Board imposes discipline on a Member, the Board shall provide the Member a written notification of the disciplinary action, by either personal delivery or first-class mail, within 15 days following the action. A disciplinary action shall not be effective against a Member unless the Board fulfills the requirements of this subsection. The provisions of this paragraph are intended to comply with requirement of Civil Code section 1363(h) presently in effect. If provisions of section 1363(h) are amended or repealed in any manner, this paragraph automatically shall be amended or repealed in the same manner. Civil Code section 1363(h) may be amended by the State Legislature, and the Board should confirm the current statutory requirements. Before disciplinary action authorized under this sub-section may be imposed by the Association, the Owner against whom such action is proposed to be taken shall be given notice and the opportunity to be heard in accordance with Section 7341 of the Corporations Code, as set forth in Section 12 of the Bylaws. b) Suit to Cnlleet Delinnnent A.q~es~qments nr Individnal Charges. A suit to recover a money judgment for unpaid Assessments or unpaid Individual Charges, together with late charges, interest, costs and reasonable attorneys' fees shall be maintainable by the Association. In the case of unpaid Assessments, such suit shall be maintainable without foreclosing or waiving the lien securing such unpaid Assessments. c) Transfer hy Sale nr Fnreeln~ure. In a sale or transfer of a Lot, the obligation for delinquent Assessments or Individual Charges shall not pass to the transferee unless expressly assumed by him/her. The sale or transfer of any Lot shall not affect the Assessment lien, nor the right of the Association to impose a lien for Assessments which became due prior to such sale or transfer. However, the sale or transfer of any Lot pursuant to the exercise of a power of sale or judicial foreclosure involving a default under a First Mortgage shall extinguish the lien and fight to lien for Assessments which became due prior to such sale or transfer. No transfer of the Lot as the result of a foreclosure or exercise of a power of sale shall relieve the new Owner, whether it be the former beneficiary of the First Mortgage or another person, from liability for any Assessments or individual charges thereafter becoming due or from the lien thereof. d) Waiver of I-lome~tead Benefit~q_ Each Owner to the extent permitted by law, waives, to the extent of any liens created pursuant to the Project Documents, the benefit of any homestead or exemption laws of California in effect at the time any Assessment becomes due. 9.2 SECTION 10: RI IF)GETS; FINANCIAL STATEMENTS AND RANI< ACCOI/N-TS 10.01. Prono~qed Budget. Not less than 75 days before the beginning of each fiscal year, the Board shall prepare or cause to be prepared, a proposed pro forma budget for the forthcoming fiscal year. Any Owner or Mortgagee may make written comments to the Board with respect to said pro forma operating statement. The pro forma operating statement shall be prepared consistently with the prior fiscal year's operating statement and shah include adequate reserves for contingencies and for maintenance, repair and replacement of the Common Area improvements, Lots and Association personal property likely to need maintenance, repair or replacement in the future. 10.02. Adopt Budget_ Not more than 75 days nor less than 60 days before the beginning of each fiscal year, the Board shall meet to review the proposed pro forma budget, any written comments received and any other information available to it and, after making any adjustments that the Board deems appropriate, shall adopt the budget and establish the Regular Assessment for the forthcoming fiscal year. 10.03. Rndgekq and Financial gtatement~q. The following financial and related information shall be regularly prepared and distributed by the Board to all Members of the Association in accordance with section 1365 of the Civil Code: a) Budget. A copy of the operating budget shall be annually distributed not less than 45 days and not more than 60 days prior to the beginning of the Association's fiscal year, which shall include all of the following: i) The estimated revenue and expenses of the Association on an accrual basis; ii) A summary of the Association's reserves based on the most recent reserves review or study conducted pursuant to section 1365.5 of the Civil Code, which shall be printed in bold type and include all of the following: (1) The current estimated replacement cost, estimated remaining life and estimated useful life of each major component. (2) AS of the end of the fiscal year for which the study was prepared: (a) The current estimate of cash reserves necessary to repair, replace, restore or maintain the major components; and, (b) The current amount of accumulated cash reserves actually set aside to repair, replace, restore or maintain the major components; and, (3) amount in a) of subparagraph (2). The percentage that the amount in (b) of subparagraph (2) is to the iii) A statement as to whether the Board has determined or anticipates that the levy of one or more special assessments will be required to repair, replace or restore any major component, or to provide adequate reserves therefor; and, 10.1 iv) A general statement setting forth the procedures used by the Board in the calculation and establishment of those reserves to defray the future repair, replacement or additions to those major components for which the Association is responsible. The summary of the Association's reserves disclosed pursuant to paragraph ii) shall not be admissible in evidence to show improper financial management of an Association, provided that other relevant and competent evidence of the financial condition of the Association is not made inadmissible by this provision. b) Financial gtatementq_ A review of the financial statements of the Association shall be prepared in accordance with generally accepted accounting principles by a licensee of the California State Board of Accountancy for any fiscal year in which the gross income to the Association exceeds seventy-five thousand dollars ($75,000). A copy of the review of the financial statements shall be distributed within 120 days after the close of each fiscal year. In lieu of the distribution of the operating budget referred to in subsection "a)" above entitled "Budget,', the Board may elect to distribute a summary of the proforma operating budget to all Members of the Association with a written notice (in at least 10-point bold type on the front page) that the budget is available at the business office of the Association, or at a location within the Project's boundaries, and that copies will be provided upon request and at the expense of the Association. The Association must mail such copies of the pro forrna operating budget, by first-class United States mail to any Member requesting same at the expense of the Association, which such copies shall be mailed within five days from receipt of such request. c) gtaternent of Enforcement Policies. II1 addition to financial statements, the Board shall annually distribute within 60 days prior to the beginning of the Association's fiscal year, a statement of the Association's policies and practices in enforcing lien fight or other legal remedies against Members for default in the payment of regular and special assessments including the recording and foreclosing of liens against Members' Lots. 10.04. Summary. nf General l.iability; F. arthquake and Flnnd Pnlieie~q. A summary of the Association's General Liability, Earthquake and Flood policies (individually and collectively referred as the "Policy" or "Policies") shall be distributed to all Members within 60 days preceding the beginning of the Association's fiscal year. The summary shall include the following information on the Policies: a) The name of the insurer; b) The type of insurance; c) The Policy limits of the insurance; and, d) The Association shall, as soon as reasonably practical, notify its Members by first- class mail if any of the Policies have been canceled and not inunediately renewed or restored or if there is a significant change, such as a reduction in coverage or limits, or an increase in the deductible for any Policy. This summary shall contain, in at least lO-point boldface type, the following statement: 10.2 "This summary of the Association's policies of insurance provides only certain information as required by subdivision (e) of section 1365 of the Civil Code and should not be considered a substitute for the complete policy terms and conditions contained in the actual policies of insurance. Any member, upon request and reasonable notice, may review the Association's insurance policies and, upon request and payment of reasonable duplication charges, obtain copies of those policies. Although the Association maintains the policies of insurance specified in this summary, the Association's policies of insurance may not cover your property, including personal property, or real property improvements to or around your dwelling, or personal injuries or other losses that occur within or around your dwelling. Even if a loss is covered, you may nevertheless be responsible for paying all or a portion of any deductible that applies. Association members should consult with their individual insurance brokers or agent for appropriate additional coverage. The provisions of this Sub-section are intended to comply with the requirements of Civil Code Sections 1354(i), 1363.05(e) and 1365 in effect as of the date of recordation of this Declaration. If these Civil Code Sections are amended or repealed in any manner, the provisions of this Sub-section shall be amended or repealed in the same manner. Civil Code Sections 1354(i), 1363.05(e) and 1365 may be amended by the State Legislature; and the Board should confirm the current statutory requirements. 10.05. Re.qerve,q and Re.qerve.q ,qtudy. a) Re~erve~q. Each annual regular assessment shall include a portion for reserves in such amount as the Board in its discretion considers appropriate to meet the cost of the future repair, replacement or additions to the major components that the Association is obligated to maintain and repair. Reserve funds may not be expended for any purpose other than the repair, restoration, replacement, or maintenance of, or litigation involving the repair, restoration, replacement, or maintenance of, major components which the Association is obligated to maintain. b) Tran.qfer nf Re.qerve,q. Notwithstanding the foregoing, the Board may authorize the temporary transfer of money from a reserve fund to the Association% general operating fund to meet short- term cash-flow requirements or other expenses, provided the Board has made a written finding, recorded in the Board's minutes, explaining the reasons that the transfer is needed, and describing when and how the money will be repaid to the reserve fund. The transferred funds shall be restored to the reserve fund within one year of the date of the initial transfer, except that the Board may, upon making a finding supported by documentation that a temporary delay would be in the best interests of the Project, temporarily delay the restoration until the time which the Board reasonably determines to be necessary. The Board shall exercise prudent fiscal management in maintaining the integrity of these funds, and shall, if necessary, levy a Special Assessment to recover the full amount of the expended funds within the time limits required herein. The Special Assessment is subject to the Assessment increase restrictions set forth in Subsection 8.4 (entitled "Regular Annual Assessments and Special Assessments") and Civil Code Section 1366(b). The Board may, at its discretion, extend the date the payment on the Special Assessment is due. Any extension shall not prevent the Board from pursuing any legal remedy to enforce the collection of an unpaid Special Assessment. When the decision is made to use reserve funds or to temporarily transfer money from the reserve fund to pay for litigation, the Association shall notify the Members of the Association of that decision in the next available mailing to all Members pursuant to Section 5016 of the Corporations Code, and of the availability of an accounting of those expenses. Unless the governing documents impose more stringent standards, the Association shall make an accounting of expenses related to the litigation on at 10.3 least a quarterly basis. The accounting shall be made available for inspection by Members of the Association at the Association's office. c) Res~a~e_St~. At least once every three years, the Board shall cause to be conducted a reasonably competent and diligent inspection of the accessible areas of the major components which the Association is obligated to repair, replace, restore or maintain as a part of a study of the reserve account requirements of the Project if the current replacement value of the major components is equal to or greater than one-half of the gross budget of the Association, which excludes the Association's reserve account for that period. The Board shall review this study annually and shall consider and implement necessary adjustments to the Board's analysis of the reserve account requirements as a result of that review. The study shall, at a minimum, include: i) Identification of the major components which the Association is obligated to repair, replace, restore or maintain which, as of the date of the study, have a remaining useful life of less than 30 years; ii) Identification of the probable remaining useful life of the components identified in subparagraph (i) as of the date of the study; iii) An estimate of the cost of repair, replacement, restoration or maintenance of each maj or component identified in subparagraph (i).during and at the end of its useful life; and, iv) An estimate of the total annual contribution necessary to deft.ay the cost to repair, replace, restore or maintain each major component during and at the end of its useful life a~er subtracting total reserve funds as of the date of the study. As used herein, "reserve accounts" means moneys that the Board has identified for use to defray the future repair or replacement of, or additions to, those major components which the Association is obligated to maintain; and "reserve account requirements" means the estimated funds which the Board has determined will be required to be available at a specified point in time to repair, replace or restore those major components which the Association is obligated to maintain. The provisions of the Subsection entitled "Reserves and Reserves Study" are intended to comply with the requirements of Civil Code Section 1365.5(c) and (d) presently in effect. If these Civil Code Sections are rescinded or amended in any manner, the provisions of the Subsection automatically shall be rescinded or amended in the same manner. Civil Code Sections 1365.5(c) and (d) may be amended by the State Legislature, and the Board should confirm the current statutory requirements. 10.06. Bank_&:r, mm~. The Association shall deposit all funds collected fi.om Owners pursuant to the Section herein entitled "Assessments" and all other amounts collected by the Association as follows: a) General. All funds shall be deposited in a separate bank account ("General Account") with a bank located in California. The Association shall keep accurate books and records regarding such account. Funds deposited in such account may be used by the Association only for the purposes for which such funds have been collected. 10.4 b) Reserve, Funds which the Association shall collect for reserves for capital expenditures relating to the repair and maintenance of the Lots and Common Area, and for such other contingencies as are required for good business practice shall, within 10 days after deposit in the General Account, be deposited into an interest bearing account with a bank or savings and loan association selected by the Association, or invested in Treasury Bills or Certificates of Deposit or otherwise prudently invested, which shall collectively be referred to as the "Reserve Account". Funds deposited into the Reserve Account shall be held in trust and may be used by the Association only for the purposes for which such amounts have been collected. 10.5 INSPECTION OF BOOI(R ANT) 11.01. ln?eetinn hv Memher~. a) Commencing not later than 90 days after the close of escrow of the first Lot in the Project, copies of the documents listed below, as soon as readily obtainable, shall be delivered by the Declarant to the Board of the Association at the office of the Association, or at such other place as the Board shall prescribe. The obligation to deliver the documents listed below shall apply to any documents obtained by the Declarant no matter when obtained, provided, however, such obligation shall terminate upon the earlier of (i) the conveyance of the last subdivision interest covered by a Final Public Report or (ii) three years after the expiration of the most recent Public Report for the Project: (1) A copy of the recorded subdivision Map or Maps for the Project. (2) The deeds and easements executed by the Declarant conveying the Common Area or other interest to the Association, to the extent applicable. (3) The recorded Declaration for the Project, including all amendments and annexations thereto. (4) The Association's filed Articles of Incorporation, and all amendments thereto. (5) The Association's Bylaws and all amendments thereto. (6) All architectural guidelines and all other rules regulating the use of an Owner's interest in the Project or use of the Common Area which have been promulgated by the Association. (7) The plans approved by the local agency or county where the Project is located for the construction or improvement of facilities that the Association is obligated to maintain or repair; provided, however, that the plans need not be as-built plans and the plans may bear appropriate restrictions on their commercial exploitation or use and may contain appropriate~ disclaimers regarding their accuracy. (8) All Notice of Completion certificates issued for Common Area improvements (other than residential structures). (9) Any bond or other security device in which the Association is the beneficiary. (10) Any written warranty being transferred to the Association for Common Area equipment, fixtures or improvements. (11) or the Common Area. Any insurance policy procured for the benefit of the Association, its Board (12) Any lease or contract to which the Association is a party. 11.1 (13) The membership register, including mailing addresses and telephone numbers, books of account and minutes of meetings of the Members, of the Board and of committees of the Board. (14) Any other instrument which establishes or defines the common, mutual or reciprocal rights or responsibilities of Owners or Members of the Association. b) If the Project is phased, commencing not later than 90 days after the annexation of additional phases to the Project, copies of those documents listed under subdivision a) which are applicable to that phase, shall as soon as they are readily obtainable, be delivered by Declarant to the Board at the office of the Association, or at such other place as the Board shall prescribe. The obligation to deliver the documents listed in Subsection a) shall apply to any documents obtained by the Declarant no matter when obtained, provided, however, such obligation shall terminate upon the earlier of (i) the conveyance of the last subdivision interest covered by a Final Public Report or (ii) three years after the expiration of the most recent Final Public Report for the Project. c) The membership register, including mailing addresses and telephone numbers, books of account and minutes of meetings of the Members, the Board, and of committees of the Board shall be made available for inspection and copying by any Member of the Association or by his/her duly- appointed representative at any reasonable time and for a purpose reasonably related to his/her interest as a Member at the office of the Association or at such other place within the Project as the Board shall prescribe. d) In the case of the minutes, minutes proposed for adoption that are marked to indicate draft status, or a s~ of the minutes, of any meeting of the Board, other than an executive session, shall be available to Members within 30 days of the meeting and shall be distributed to Members only upon request and payment of the fee prescribed in Section 11.02(c) below. At the time the pro forma operating budget is distributed as required by Section 10 or at the time of any general mailing, Members of the Association shall be notified in writing of their fight to have copies of the minutes of meetings of the Board and as to how and where those minutes may be obtained and the cost of obtaining such copies. to: 11.02. Rule~q far In.qpeetinn by Members. The Board shall establish reasonable rules with respect a) the inspection; Notice to be given to the custodian of the records by the Member desiring to make b) Hours and days of the week when such an inspection may be made; and, c) Payment of the costs of reproducing copies of documents requested by a Member. 11.03. In~qneetion by Direetor~q. Every Director shall have the absolute right at any reasonable time to inspect all books, records and documents of the Association and the physical properties owned or controlled by the Association. The right of inspection by a Director includes the right to make extracts and copies of documents. 11.2 11.04. Review of Financial Records. The Board shall review on at least a quarterly basis a current reconciliation of the Association's operating and reserve accounts, the current year's actual reserve revenues and expenses compared to the current year's budget and an income and expense statement for the Association's operating and reserve accounts. In addition, the Board shall review the latest account statements prepared by the financial institution(s) where the Association has its operating and reserve accounts. For purposes herein, "reserve accounts" shall mean monies that the Association's Board has identified from its annual budget for use to defray the future repair or replacement of, or additions to, those major components which the Association is obligated to maintain. 11.05. Re.qerve Account Withdrawal Re.qtrictions. The Board shall require that at least two signatures be needed for the withdrawal of monies from the Association's reserve account(s), signatures shall be either those of Members of the Board or of one Member of the Board and of one officer who is not a Member of the Board. 11.3 ~q~CTION 12: INSI ~R ANCE~ DESTRI TCTION AND/OR CONDEMNATION 12.01. ~. In addition to other insurance required to be maintained by the Project Documents, the Association, through its Board, shall obtain fi:om generally accepted insurance carriers, and maintain in effect at all times, the following insurance at common expense: a) l.iabili~ Insurance, The Association shall, obtain and maintain comprehensive public liability insurance insuring the Association, its officers and directors, and each Owner against any liability incident to the ownership, use or maintenance of the Common Area, any Association maintenance responsibilities on the Lots, and other maintenance obligations of the Association, including, if obtainable, a cross-liability or severability of interest endorsement insuring each insured against liability to each other insured. The limits of such insurance shall not be less than $1,000,000 covering all claims for death, personal injury and property damage arising out of a single occurrence. Such insurance may include protection against water damage liability, liability for nonowned and hired automobiles, liability for property of others, and such other risks as are customarily covered with respect to projects similar in construction, location and use. Such policy may provide for a reasonable deductible. b) Fire; Casnal~ and Extended Coverage Insurance. The Association shall also obtain and maintain a policy of fare, casualty and extended coverage insurance for the full insurable replacement value (without deduction for depreciation) of all of the improvements within the Project (including the Common Area and all Lots). Such policy may provide for a reasonable deductible. The form, content, term of policy, its endorsements and the issuing company shall meet the reasonable standards of all First Mortgagees and shall be consistent with good sound insurance coverage for properties similar in construction, location and use. The policy shall name as insured the Association for the benefit of the Owners and Declarant, as long as Declarant is the Owner of any Lot, and all Mortgagees as their respective interests shall appear, and may contain a loss payable endorsement in favor of any trustee described below. c) lndivi&ml Fire Insurance l.imited. Except as provided in this Section, no Owner shall separately insure his/her Lot against loss by fire or other casualty covered by any insurance carried under Section 12.01Co). If any Owner violates this provision, any diminution in insurance proceeds otherwise payable under policies described above that results fi.om the existence of such other insurance shall be chargeable to the Owner who acquired other insurance, and such Owner shall be liable to the Association to the extent of any such diminution. An Owner may insure his/her personal property against loss. In addition, any improvements made by an Owner to his/her Lot may be separately insured by the Owner, but the insurance is to be limited to the nature of coverage commonly known as "tenant's improvements". All such insurance that is individually carded must contain a waiver of subrogation rights by the carrier as to other Owners, the Association, Declarant and the First Mortgagee of such Lot. d) Trustee. All fire, casualty and extended coverage insurance proceeds payable under Section 12.01 b) above for losses to real property and improvements may be paid to a trustee, to be held and expended for thc benefit of the Owners, Mortgagees, and others, as their respective interests shall appear. Said trustee shall bca commercial bank, savings and loan or trust company in the county in which the Project is located that agrees in writing to accept such trust. e) Olher_lnmmnrx. The Board shall purchase and maintain Workers Compensation insurance, to the extent that it is required by law, for all employees or uninsured contractors of the Association. The Board also shall purchase and maintain fidelity bonds or insurance (which shall be in an amount not less than 150% of each year's estimated annual operating expenses and reserves and shall contain an endorsement of coverage of any person who may serve without compensation) sufficient to meet 12.1 the reasonable requirements of any First Mortgagee. The Board shall also purchase and maintain insurance on personal property owned by the Association, and any other insurance that it deems necessary, that is reasonably required by any First Mortgagee or that is customarily obtained for Projects similar in construction, location and use. f) A~,.qtment of l,n~,qes~ The Board is appointed attorney-in-fact by each Owner to negotiate and agree on the value and extent of any loss under any policy carded pursuant to Sections 12.01 a), b) and f). With respect to these sections, the Board is granted full right and authority to compromise and settle any claim or enforce any claim by legal action or otherwise and to execute releases in favor of any insurer. g) Officer and Director ln~qnranee. The Association may purchase and maintain insurance on behalf of any Director, Officer, or Member of a committee of the Association (collectively the "agents") against any liability asserted against or incurred by the agent in such capacity or arising out of the agent's status as such, whether or not the Association would have the power to indemnify the agent against such liability under applicable law. h) General Provi~qions. To the extent possible, the Board shall make every reasonable effort to secure insurance policies providing for the following: (i) A waiver of subrogation by the insurer as to any claims against the Board, the manager, the Owners and their respective servants, agents and guests; (ii) That the policy will be primary, even if an Owner has other insurance which covers the same loss; (iii) That no policy may be cancelled or substantially modified without at least ten (10) days prior written notice to the Association and to each First Mortgagee listed as a scheduled holder; (iv) An agreed amount endorsement, if policy contains a coinsurance clause; (v) A guaranteed replacement cost or replacement cost endorsement; and (vi) An inflation guard endorsement. i) Notice nf Caneellatinn. All insurance carried by the Association shall require the insurer to notify any First Mortgagee and Declarant requesting such notice at least 15 days prior to the effective date of any reduction or cancellation of the policy. j) Annual Review of Policies_ All insurance policies shall be reviewed at least annually by the Board in order to ascertain whether the coverage contained in the policies is adequate. At least once every three years, the review shall include a replacement cost appraisal of all insurable Common Area Improvements without respect to depreciation. The Board shall adjust the policies to provide the amounts and types of coverage and protection that are customarily carried by prudent owners of similar property in the area in which the Project is situated. k) Payment af Premium~q. Premiums on insurance maintained by the Association shall be a common expense funded by Assessments levied by the Association. 12.2 12.02. Other Prnvi,qion~q and 1 ,imitations: All insurance policies shall be subject to and, where applicable, shall contain the following provisions and limitations: (i) ! lnderwrlter: All policies (except earthquake insurance) shall be written with a company legally qualified to do business in the State of California and (i) holding a "B" or better general policyholder's rating and a "6" or better financial performance index rating as established by Best's Insurance Reports, (ii) reinsured by a company described in (i), above, or (iii) if such a company is not available, the best rating possible or its equivalent. (ii) Named lnqnred: Unless otherwise provided in this Section, the named insured shall be the Association or its authorized representative, as a trustee for the Owners. However, all policies shall be for the benefit of Owners and their Mortgagees, as their interests may appear. (iii) Fidelity Bond: A fidelity bond naming the Board, the Owners, the Association and such persons as the Board may designate as obligees, in an amount equal to at least one- forth (1/4) of the total sum budgeted for the current operation account and reserve account for the current fiscal year. The fidelity bond shall contained a waiver of any defense based on the exclusion of persons serving without compensation. (iv) Authority, to Negotiate: Exclusive authority to adjust losses under policies obtained by the Association shall be vested in the Board; provided, however, that no Mortgagee having an interest in such losses may be prohibited from participating in any settlement negotiations related thereto. (v) Cnntrihution: In no event shall the insurance coverage obtained and maintained by the Association be brought into contribution with insurance purchased by Owners or their Mortgagees. (vi) Term: The period of each policy shall not exceed three years. Any policy for a term greater than one (1) year must permit short rate cancellation by the insureds. (vii) ~: The policy may contain a reasonable deductible and the amount of the deductible shall be added to the face amount of the policy in determining whether the insurance equals replacement cost. 12.03 Damage or De.qtmcfion - Aq~qociation. a) Minor De~qtnmtion Affecting Common Area. Notwithstanding Section 12.02(b), the Board shall have the duty to repair and reconstruct the Common Area without the consent of Members and irrespective of the amount of available insurance proceeds or other funds, in all instances of partial destruction where the estimated cost of repair and reconstruction does not exceed 5% of the budgeted gross expenses of the Association for that fiscal year. The Board may levy a Special Assessment for the cost of such repair and reconstruction to the extent insurance proceeds or other funds are unavailable. b) Ma~ior De~qtnmtinn Affecting Common Area. i) Deatmction; Proceeda F.×ceed 85% of Recon.qtmefion Co~qt~q, If there is a total or partial destruction of the Common Area, and if the available proceeds of the insurance carded 12.3 pursuant to Section 12.01 or other available funds are sufficient to cover not less than 85% of the costs of repair and reconstruction, the Common Area shall be promptly rebuilt unless, within 90 days from the date of destruction, Members then holding at least 75% of the voting power of each class determine that repair and reconstruction shall not take place. ii) De~qtrucfion; Proceed.q l.e~ than g5% of Reconstruction Co~qtq. If the proceeds of insurance carried pursuant to Section 12.01 or other available funds are less than 85% of the costs of repair and reconstruction, repair and reconstruction shall not take place unless, within 90 days from the date of destruction, Members then holding at least a majority of the voting power of Members of each class determine that repair and reconstruction shall take place. If repair and reconstruction is to take place, the Board shall execute, acknowledge and record in the office of the County Recorder not later than 120 days from the date of destruction a certificate declaring the intention of the Members to rebuild. iii) Special A~.qe~q~ment to Rebuild. If the determination is made to rebuild pursuant to the above Sections, the Association may levy a Special Assessment against all Lot Owners to cover the cost of rebuilding not covered by insurance proceeds or other funds. iv) Rebuilding Cnntraet. If the determination is made to rebuild, the Board shall obtain bids from at least three reputable contractors, and shall award the repair and reconstruction work to the least expensive bidder. The Board shall have the authority to enter into a written contract with the contractor for the repair and reconstruction, and the insurance proceeds shall be disbursed to said contractor according to the terms of the contract. It shall be the obligation of the Board to take all steps necessary to assure the commencement and completion of authorized repair and reconsmaction at the earliest possible date. c) De~qtmcfinn Affecting i) Duty to Rebuild. If there is a total or partial destruction of a Lot, the affected Lot shall be promptly rebuilt by the Association unless the Association is relieved of the obligation to rebuild by the approval of Members holding at least 75% of the voting power of the Members of each class, including all Owners of Lots within the attached group of Lots (connected by Party Walls) and including the affected Lot. ii) Rehlfilding Procedure. All insurance proceeds will be paid to the Board as trustee or to any insurance trustee provided for in Section 12.01 (d), or be held for the benefit of the Owner and Mortgagee(s) of the affected Lot as their interests shall appear. If the Lot is to be rebuilt, the Board may levy a Special Assessment against all Lot Owners to cover the cost of rebuilding not covered by insurance proceeds or other funds. The Lot shall be rebuilt or repaired in substantial conformity to the exterior appearance, design and structural integrity of the Lot prior to the date of destruction. Notwithstanding the foregoing, any Owner of an affected Lot may apply to the Board for reconstruction of his/her Lot in a manner which will provide for an exterior appearance and/or design which is different from that which existed prior to the date of the destruction. Application for such approval shall be made in writing, together with full and complete plans, specifications, maps and working drawings showing the proposed reconstruction and the end result thereof. The Board shall grant such approval only if it finds that the reconstructed Lot will be compatible in exterior appearance and/or design with the other Lots in the Project, provides the structural support required to fulfill the Owners Party Wall and roof support obligations and 12.4 will not impose an unreasonable maintenance burden on the Association. Failure of the Board to approve or reject any such proposed change within 60 days after the date of submission thereof shall be conclusively deemed an approval thereof. If the Board approves such proposed change, the Owner, within 15 days thereafter, shall deposit with the Association, or an insurance trustee, cash or other acceptable security in an amount sufficient to pay the difference between the cost of rebuilding the Lot as it was prior to destruction and the cost of rebuilding it as proposed. When the amount held by the Association or insurance trustee is sufficient to pay the costs of repair and reconstruction, the Board shall obtain bids from at least three reputable contractors, and shall award the repair and reconstruction work to the most reasonable bidder. The Board shall have the authority to enter into a written contract with the contractor for the repair and reconstruction, and the insurance proceeds held by the trustee shall be disbursed to said contractor according to the terms of the contract. It shall be the obligation of the Board to take all steps necessary to assure the commencement and completion of the authorized reconstruction at the earliest possible date. iii) T.ot Not to be Rebuilt. If the determination is made not to rebuild a Lot (subject to any agreement among the Owner and Mortgagee(s) of the affected Lot, the Association and other Owners of Lots relieving the Association from the obligation to rebuild it), the insurance proceeds and other funds held for rebuilding the Lot, together with any portion of the reserve funds of the Association reserved for the Lot, shall be distributed to the Owner of the affected Lot and his/her Mortgagee(s) as their interests shall appear. 12.04. Damage nr De.qtnmtinn - Cl~vnem. If all or any portion of a Lot or Residence is damaged by fire or other casualty and the loss is not covered by an insurance policy held by the Association, the Owner of the Improvement shall either (i) restore the damaged Improvements or (ii) remove all damaged Improvement, including foundations, and leave the Lot in a clean and safe condition. Any restoration under (i) preceding must be preformed so that the Improvements are in substantially the same condition in which they existed prior to the damage. Unless extended by the Board, the Owner must commence such work within one hundred twenty days after the damage occurs and must complete the work within one year thereafter. 12.05. a) Condemnation Affecting Common Area i) ~. If an action for condemnation of all or a portion of the Common Area is proposed or threatened by an entity having the right to eminent domain, then on the unanimous written consent of all of the Owners and subject to the rights of all Mortgagees, the Common Area, or a portion of it, may be sold by the Board. Subject to Corporations Code Section 8724, the proceeds of the sale shall be distributed in the following order or priority: (1) to the Association, to reimburse it for its condemnation expenses; (2) then to all Owners and their Mortgagees on the same basis as their Regular Assessment obligations and between the Lot Owners and their Mortgagees as their respective interests shall appear. ii) Award. If the Common Area, or a portion of it, is not sold, but is instead taken, the judgment of condemnation shall by .its terms apportion the award among the Owners and their respective Mortgagees. If the judgment of condemnation does not apportion the award, then the award shall be distributed as provided above. 12.5 b) Condemnation Affecting I.nt~, If a_n_ action for condemnation of all or a portion of, or otherwise affecting a Lot is proposed or threatened, the Owner and the Mortgagees of the affected Lot, as their respective interests shall appear, shall be entitled to the proceeds of any sale or award relating to the affected Lot. If any Lot is rendered irreparably uninhabitable as a result of such a taking, the Lot shall be deemed deleted from the Project and the Owners and Mortgagees of the affected Lot, upon receiving the award and any portion of the reserve funds of the Association reserved for the Lot, shall be released from the applicability of the Project Documents and deemed divested of any interest in the Common Area. 12.6 SECSFION 1 '~: MORTGAGEE PROTECTIONS 13.01. Mortgages Permitted. Any Owner may encumber his/her Lot with Mortgages. 13.02. Prinri~ nf Mortgage. Notwithstanding any other provision of this Declaration, it is hereby provided that a breach of any of the conditions contained in the Project Documents by any Owner or of any re-entry by reason of such breach, shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value as to said Lot or any part thereof. Any lien which the Association may have on any Lot in the Project for the payment of common expense assessments attributable to such Lot will be subordinate to the lien or equivalent security interest of any first mortgage on the Lot recorded prior to the date of recordation of a notice of delinquent assessment. 13.03. Payment of Taxes or Premiums by Mortgages_ Mortgagees may, jointly or singly, pay taxes or other charges which are in default and which may or have become a charge against the Common Area, unless such taxes or charges are separately assessed against the Owners, in which case the rights of Mortgagees shall be governed by the provisions of their Mortgages. Mortgagees may, jointly or singly, also pay overdue premiums on hazard insurance policies, or secure new hazard insurance coverage on the lapse of a policy for the Common Area and Mortgagees malting such payments shall be owed immediate reimbursement therefor from the Association. Entitlement to such reimbursement shall be reflected in an agreement in favor of any Mortgagee which requests the same to be executed by the Association. 13.04. ~. No breach of any provision of this Declaration shall invalidate the lien of any Mortgage made in good faith and for value, but all of the covenants, conditions and restrictions shall be binding on any Owner whose title is derived through foreclosure sale, tmstee's sale or otherwise. 13.05. Mortgagee'.q Rightq. A First Mortgagee's rights shall include, but not be limited to, the following: a) Attend Meetings. Any First Mortgagee, upon written request, shall receive written notice of all meetings of the Association and be permitted to designate a representative to attend all such meetings. b) Fumi.qh Information. Any Mortgagee may fianish information to the Board concerning the status of any Mortgage. c) lnsnect Books and Records. The Association shall make available to Owners, prospective purchasers and First Mortgagees current copies of the Project Documents and the books, records and financial statements of the Association. "Available" means available for inspection, upon request, during normal business hours. In addition, if the Project contains 50 or more Lots, the Association must provide an audited financial statement for the immediately preceding fiscal year if the First Mortgagee submits a written request for it. Said financial statement shall be famished by the Association within a reasonable time following such request. If the Project contains fewer than 50 Lots and there is no audited financial statement available, any First Mortgagee should be allowed to have an audited financial statement prepared at its own expense. 13.1 13.06. No Re,qtrietinn on Owner's Right to ln~m'e,q,q and F~m'e,qs. Except as allowed in Section 16.09, there shall be no restriction upon any Owner's fight to ingress to and egress from his/her Lot, which right shall be perpetual and appurtenant to his/her Lot ownership. 13.07. Notices to Mortgagees. Upon written request to the Association, any First Mortgagee shall be entitled to timely written notice of the following: if any; a) Any proposed amendment to the Project Documents effecting a change in: i) The boundaries of any Lot or the exclusive use rights appurtenant thereto, ii) The interests in the general or exclusive use Common Areas, if any, appurtenant to any Lot or the liability for common expenses appurtenant thereto; b) development. iii) iv) Any The number of votes in the Association appurtenant to any Lot; or, The purposes to which any Lot or the Common Area are restricted. proposed termination of the legal status of the Project as a planned c) Any condemnation or casualty loss which affects either a material portion of the Project or any Lot on which there is a First Mortgage held, insured or guaranteed by such requesting party. d) Any 60-day delinquency in the payment of Assessments or Individual' Charges owed by an Owner subject to a First Mortgage held, insured or guaranteed by such requesting party. e) Any default in the performance by the affected Owner of any obligation under the Project Documents which is not cured within 60 days. f) Any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association. g) Any proposed action which requires the consent of a specified percentage of First Mortgagees as specified in Section 13.08. 13.08. FNMA~ FI-II.MC,: FI-IA and VA Mortgage.q~ a) Condifirm.q When Thi,q ,qeetion Applicable, The provisions of this Section 13.08 shall apply if any of the following conditions exist pertaining to First Mortgages on any of the Lots: i) Any First Mortgage is sold or transferred to FNMA; ii) Any First Mortgage is sold or transferred to FHLMC; or, iii) Any First Mortgage is FHA insured or a Veterans Affairs ("VA") mortgage. 13.2 b) Appmvul of Material Amendments. The approval of 67% of the total voting power of the Association and 51% or more of the Eligible First Mortgagees (based upon one vote for each fn'st mortgage owned) must be obtained for amendments of a material nature to the Project Documents. A change to any of the following would be considered as material: i) Voting fights; ii) Assessments, assessment liens or subordination of assessment liens; iii) Reserves for maintenance, repair and replacement of Common Areas or any other portions of the Project which the Association has a duty to maintain, repair and replace; Responsibility for maintenance and repairs; Reallocation of interests in the general or exclusive use Common Areas, if any, or rights to their use; vi) vii) viii) Boundaries of any Lot; Convertibility of Lots into Common Areas or vice-versa; Expansion or contraction of the Project or the addition, annexation or withdrawal of property to or from the Project; ix) Insurance or fidelity bonds; x) Leasing of Lots; xi) Imposition of any right of fn'st refusal or similar restriction on a Lot Owner's right to sell, transfer or convey his/her Lot; xii) A decision by the Owner's Association to establish self management when professional management has been required previously by a First Mortgagee; xiii) Restoration or repair of the Project (after a hazard damage or partial condemnation) in a manner other than that specified in the Project Documents; xiv) Any action to terminate the legal status of the Project after substantial destruction or condemnation occurs; or, xv) Any provisions that expressly benefit First Mortgagees, insurers or guarantors. An addition or amendment to the Project Documents shall not be considered material if it is for the purpose of correcting technical errors, or for clarification only. If an addition or amendment is not considered as a material change, approval will be implied when a First Mortgagee fails to submit a response to any written proposal for an amendment within 30 days after the proposal is submitted. c) Terminaticm of l,egal gtams, Except as provided above, any election to terminate the legal status of the Project as a planned development must be approved by at least 67% of the voting power of the Association and 67% of the Eligible First Mortgagees based upon one vote for each First Mortgage owned. d) Reallneatinn of lntere.qt.~ in the Cnmmnn Area. No reallocation of interests in the Common Area resulting from a partial condemnation or partial destruction of the Project shall be effected without the approval of 51% of the Eligible First Mortgagees based upon one vote for each First Mortgage owned. e) Restriction nn Certain Change,q, Unless at least 66-2/3% of the First Mortgagees (based on one vote for each First Mortgage owned) and 66-2/3% of the Owners other than Declarant have given their prior written approval, the Association shall not: 13.3 i) By act or omission seek to abandon, partition, subdivide, encumber, sell or transfer the Common Area (the granting of easements for public utilities or for other public purposes consistent with the intended use of such Common Area by the Association shall not be deemed a transfer within the meaning of this clause); or, ii) Change the method of determining the Assessments, or other charges which may be levied against a Lot Owner; or, iii) By act or omission change, waive or abandon any scheme of regulations, or enforcement thereof, pertaining to the architectural design or the exterior appearance of Lots, the exterior maintenance of Lots, the maintenance of any Common Area Party Walls or common fences and driveways, or the upkeep of lawns and plantings in the Project; or, iv) Fail to maintain fire and extended coverage on insurable Common Area and other portions of the Project which the Association has a duty to insure on a current replacement cost basis in an amount not less than 100% of the insurable value (based on current replacement cost); or v) Use hazard insurance proceeds for losses to any Common Area or other Project improvements for other than the repair, replacement or reconstruction of such Common Area or improvements. f) No Right nf' First Refiisal. The right of an Owner to sell, transfer or otherwise convey his/her Lot shall not be subject to any "right of first refusal" or similar restriction. g) Foreelo.qure Eliminates Ilnpaid A.qse~qsments. Each holder of a first mortgage lien on a Lot who comes into possession of the Lot by virtue of foreclosure of the mortgage or any purchaser at a foreclosure sale, will take the Lot free of any claims for unpaid Assessments and charges against the Lot which accrue prior to the time such holder comes into possession of the Lot, except for claims for a pro rata share of such Assessments or charges resulting from a pro rata reallocation of such Assessments or charges of all Project Lots, including the mortgaged Lot. h) Mnrtgage Prinri~ in Case nf Distr/huticm. No provision in any Project Document will entire a Lot Owner or other party to priority over any rights of the First Mortgagee on the Lot pursuant to its Mortgage in the case of a distribution to such Lot Owner of insurance proceeds or condemnation awards for losses to or a taking of the Lot and/or Common Area. i) Working Capital Fund_ If required by FHA, VA, FNMA or FHLMC as a condition of qualifying the Project for any mortgage purchase, guarantee or other related program, a working capital fund shall be established for the Project by the contribution to such fund, by the Owners and Declarant, of a sum not to exceed the amount of two months Regular Assessments for each Lot owned. Any amounts paid into this fund should not be considered as advance payments of regular assessments. Each Lot's share of the working capital fund should be collected at the time the sale of the Lot is closed and then should be transferred to the Association for deposit to a segregated fund. Within 60 days after closing has been held for the fn'st Lot, the Declarant shall pay each unsold Lot's share of the working capital fund to the Association. The Declarant shall then reimburse itself for this payment from the funds collected at closing when the unsold Lots are sold. 13.4 j) Taxe.q Relate Only to Indiv/rhml T,ot~q. All taxes, assessments and charges which may become liens prior to the first mortgage under local law shall relate only to the individual Lots and not to the Project as a whole. 13.09. FHA/VA Approval. During any period of time that a mortgage on any portion of the Project is held, insured or guaranteed by FHA or VA, and as long as there is a Class B Membership, the following actions shall require the prior approval of FHA or VA: amendment of the Project Documents; annexation of additional property; dedication or mortgaging of the Common Area; or, merger or consolidation of the Association with another corporation. 13.10. Additinnal FHA lh'nvisinns. If loans secured by mortgages encumbering Lots within the development qualify for mortgage insurance by FHA, the following shall apply: All Owners, tenants and occupants of Lots in the development covenant and agree that the administration of the development shall be in accordance with the terms and provisions of the Regulatory Agreement (FHA Form No. 3278) executed by FHA and the Association and that such terms and provisions of said Regulatory Agreement shall be fully complied with. To the extent any matters in this Declaration or in the Articles or the Bylaws are in any way inconsistent with any matters in said Regulatory Agreement in effect, then said Regulatory Agreement shall prevail. The right to lease Lots in the development shall be subject to all terms and provisions of said Regulatory Agreement. In the event of any conflict between any of the provisions of this Section and any other provisions of this Declaration, the provisions of this Section shall control. Any provision of this Declaration which confers a power or fight upon the FHA or the Federal Housing Commissioner and all of the provisions of the Regulatory Agreement shall be inapplicable whenever there are no Lots where FHA insures the mortgage held by any First Mortgagee. Whenever a notice is required to be sent to a Mortgagee holding an FHA insured mortgage or the approval of the FHA is required, the notice or the request for approval shall be sent to the supervisor of the FHA office that has jurisdiction. If FHA does not respond within 20 days after the notice is mailed or delivered, then the FHA shall be deemed to have approved the request. 13.11. Cnmnlianee with FHA/VA: FI-II.MC or FNMA Reo?iremenkq. Declarant intends that the Project shall comply with all of the requirements of the Federal Housing Administration ("FHA"), the Department of Veterans Affairs ("VA"), the Federal Home Loan Mortgage Corporation ("FHLMC") and the Federal National Mortgage Association ("FNMA"). All casualty and liability insurance covering any portion of the Project encumbered by a Mortgage insured by FHA, guaranteed by VA, or held by FHLMC or FNMA, shall therefore conform to the applicable FHA/VA, FHLMC or FNMA requirements. Declarant and all Lot Owners also agree that in the event the Project or the Project Documents do not comply with the applicable FHA/VA, FHLMC or FNMA requirements, the Board and each Owner shall take any action or adopt any resolutions required to conform such Project Documents, or the Project, to the FHA/VA, FHLMC or FNMA requirements, subject to the review and approval of the California Department of Real Estate, in accordance with applicable law, so long as the Department of Real Estate retains jurisdiction. 13.12. Waivem. A Mortgagee may waive any requirement contained in this Declaration as it pertains to such Mortgagee, provided such waiver shall be in writing. 13.5 13.13. Confliem. In the event of a conflict between any of the provisions of this Section 13 and any other provisions of this Declaration, the provisions of this Section 13 shall control. 13.6 ~F, CTION 14: ENFORCEMENT OF BONDF, D ORI,IGATIONR If any Common Area improvements in the Project have not been completed prior to the issuance of the Final Public Report and the Association is obligee under a bond or other arrangement ("Bond") to secure performance of the commitment of Declarant to complete such improvements, the Board shall consider and vote on the question of action by the Association to enforce the obligations under the Bond with respect to any improvement for which a Notice of Completion has not been filed within 60 days after the completion date specified for that improvement in the Planned Construction Statement appended to the Bond. If the Association has given an extension in writing for the completion of any Common Area improvement, the Board shall consider and vote on the aforesaid question if a Notice of Completion has not been filed within 30 days after the expiration of the extension. A special meeting of Members for the purpose of voting to override a decision by the Board not to initiate action to enforce the obligations under the Bond or on the failure of the Board to consider and vote on the question, shall be held not less than 35 days nor more than 45 days after receipt by the Board of a petition for such meeting signed by Members representing 5% or more of the total voting power of the Association. At such special meeting, a vote of a majority of the voting power of the Association residing in Members other than Declarant to take action to enforce the obligations under the Bond shall be deemed to be the decision of the Association and the Board shall thereafter implement this decision by initiating and pursuing appropriate action in the name of the Association. 14.1 SECTION 15: AMFNDME. NTS 15.01. Prior to First Conveyance. Prior to close of escrow on the conveyance of the first Lot, Declarant may amend or revoke this Declaration subject to the requirements of Business and Professions Code Sections 11012 and 11018.7. 15.02. After Fir.qt Conveyance. After conveyance of the first Lot, this Declaration may be amended or revoked only by the affirmative vote (in person or by proxy) or written consent of Members representing a majority of the voting power of each class of Members of the Association. If only one class of membership exists at the time an amendment is proposed, then it must be approved by at least a bare majority of the total voting power of the Association, which shall include at least a bare majority of the votes of Members other than Declarant. The percentage of the voting power necessary to amend a specific clause or provision of this Declaration shall not be less than the prescribed percentage of affirmative votes required for action to be taken under that clause or provision. 15.03. ~. Any amendment must be recorded and shall become effective only upon being recorded in the County Recorder's Office. 15.04. llnanimou~q Con,eot for Specific Amendmenm. The consent of all Owners shall be required for any amendment of Project Documents effecting a change in: a) the boundaries of any Lot; b) the interest in the common elements pertaining to the Lot or the liability for Common Expenses appertaining thereto; c) the number of votes in the Owners Association appertaining to the Lot; or, d) the fundamental purposes to which any Lot or the common elements are restricted. 15.05. FHA Rea?irements. Notwithstanding any provision of this Section to the contrary, all requirements of Section 13 must be met in order to effectuate any amendment or revocation pursuant to this Section. 15.1 ~ECTTON 16: GEN'F. RAT. PROVT.qTON~ 16.01. Term. The covenants and restrictions of this Declaration shall mn with and bind the Property, and shall inure to the benefit of and be binding on the Association and the Owners of any Lots, their legal representatives, heirs, grantees, tenants, successors and assigns, subject to this Declaration, for a term of 30 years from the date this Declaration is recorded. Thereafter, subject to the Section above entitled "Amendments", they shall be automatically extended for successive periods of 10 years. 16.02. Ow, er'.~ Cnmplianee. Each Owner, tenant or occupant of a Lot shall comply with the provisions of this Declaration, and (to the extent they are not in conflict with the Declaration), the Project Documents and the decisions and resolutions of the Association or the Board, as lawfully amended from time to time. Failure to comply with any such provisions, decisions, or resolutions, shall be grounds for an action to recover sums due, for damages, for injunctive relief, or to enforce such provisions, decisions or resolutions. All agreements and determinations lawfully made by the Association in accordance with the voting percentages established in the Project Documents shall be deemed to be binding on all Owners of Lots, their successors and assigns. 16.03. Notices. Any notice permitted or required by the Project Documents may be delivered either personally or by mail. If delivery is by mail, it shall be deemed to have been delivered 72 hours after a copy of the same has been deposited in the United States mail, first class or registered, postage prepaid, addressed to the person to be notified at the current address given by such person to the Secretary of the Board or addressed to the Lot of such person if no address has been given to the Secretary. 16.04. Notice of Tran.~fer. No later than 15 days after the sale or transfer of any Lot under circumstances whereby the transferee becomes the Owner thereof, the transferee shall notify the Association in writing of such sale or transfer. Such notice shall set forth: a) the Lot involved; b) the name and address of the transferee and transferor; and, c) the date of close of escrow. Unless and until such notice is given, the Association shall not be required to recognize the transferee for any purpose, and any action taken by the transferor as an Owner may be recognized by the Association. Prior to receipt of any such notification by the Association, any and all communications required or permitted to be given by the Association shall be deemed duly given and made to the transferee if duly and timely made and given to said transferor. 16.05. Delivery. of Pm./eet Documents to Transferee. Prior to the transfer of title to a Lot, the transferor shall provide to the prospective transferee a copy of the Project Documents and such other documents and information as are required by California Civil Code Section 1368. 16.06. F.a~ements Reserved and Granted. Any easements appurtenant to a Lot referred to in this Declaration shall be deemed reserved and/or granted by reference to this Declaration in a deed to said Lot. 16.1 16.07. Termination of any Re?nnsihility nf Declarant. If Declarant shall convey all of its right, title and interest in and to the Project to any partnership, individual or corporation, then and in such event, Declarant shall be relieved of the performance of any further duty or obligation hereunder, and such partnership, individual or corporation shall be obligated to perform all such duties and obligations of the Declarant. 16.08. Mergers and Con.qnlidatinns. To the extent permitted by law, the Association may participate in mergers and consolidations with other non-profit organizations organized for the same purposes as this Association, provided that any such merger or consolidation shall have the written consent of all of the Members or the assent by vote of two-thirds of the Members voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be given to all Members at least thirty days in advance, and must comply with the annexation provisions of Section 3.04, incorporated herein by reference. 16.09. T.imitation of Re.qtrietion~q on Declarant. Nothing in this Declaration shall be understood or construed to: a) Prevent Declarant, its contractors, or subcontractors from doing on the Project or 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 or parts of the Project, such structures as may be reasonable and necessary for the conduct of its business of completing said work and establishing said Project as a residential community and disposing of the same in parcels by sale, lease, or otherwise; or, c) Prevent Declarant from conducting on any part of the Project its business of completing said work and of establishing a plan of ownership and of disposing of said Project in Lots by sale, lease or otherwise; or, d) Prevent Declarant from maintaining such sign or signs on any of the Project as may be necessary for the sale, lease or disposition thereof, provided, however, that the maintenance of any such sign shall not unreasonably interfere with the use by any Owner of his Lot or the Common Area. The foregoing limitations of the application of the restrictions to Declarant shall tenninate upon the sale of Declarant's entire interest in the Project, or three years after the close of the fn'st escrow, whichever occurs earlier. Any action taken by Declarant pursuant to any provision of this Section will not unreasonably interfere with the Owners' rights and use of the Project. 16.10. Succe~q.qor. The rights of Declarant in this Declaration may be assigned by Declarant to any suCCessor to all or any part of Declarant's interest in the Project, as developer, by an express assignment incorporated in a recorded deed that transfers any such interest to a successor or to a Mortgagee acquiring Declarant's interest in the Project by foreclosure or by deed in lieu of foreclosure. 16.11. ,qeverahili~. Should any provision or portion hereof be declared invalid or in conflict with any law within the jurisdiction where this Project is located, the validity of all other provisions and portions hereof shall remain unaffected and in full force and effect. 16.2 16.12. F..qtonnel Certificate. Within ten (10) days of the mailing or delivery of a written request by any Owner, the Board shall provide the Owner with a written statement containing the following m formation: a) whether, to the knowledge of the Association, the Owner or the Owner's Lot is in violation of any of the provisions of this Declaration, the Articles, Bylaws or Association Rules; b) the amount of regular and special assessments, including installment payments, paid by the Owner during the fiscal year the request is received; and, c) the amount of any assessments levied against the Owner's Lot that are unpaid as of the date of the statement, including any late charges, interest or cost of collection that as of the date of the statement are or may be made a lien against the Owner's Lot as provided by this Declaration, the Articles, Bylaws or Association Rules. 16.13. Conflict with Project Dneument,q. If there is a conflict among or between the Project Documents, the provisions of this Declaration shall prevail; thereat~er, priority shall be given to Project Documents in the following order: Articles, Bylaws and Association Rules. 16.14. Headings. The headings used in this Declaration are for convenience only and are not to be used to interpret the meaning of any of the provisions of this Declaration. 16.3 $I~,CTTC)N 17: DT~CT,('3~T TRF,~ Because of the information included in this Section has been obtained fi:om other sources (e.g. governmental and other public agencies and public records) and is subject to change for reasons beyond the control of Declarant and the Association, the Declarant and the Association undertakes to advise Owners of any changes affecting the disclosures in this Section. Owners should make their own investigations to determine the current status of the matters addressed in this Section. 17.01 No Repmqentatinn or Warranties. No representation or warranties, express or implied, have been given or made by Declarant, the Association or their agents in connection with the Properties, its physical condition, zoning, compliance with laws, fitness for intended use, or in connection with the subdivision, sale, operation, maintenance, cost of maintenance, taxes or regulation thereof as a planned residential development, except as expressly provided in this Declaration, as submitted by Declarant to the California Department of Real Estate, or as provided by Declarant to the first Owner of each Lot/Unit. 17.1 IN WITNESS WHEREOF, Declarant has executed this Declaration. DATED: ,2002. Marrad Group,. Inc. By: John A. 'Marquez';' President 17.2 EXHIBIT "A" DESCRIPTION OF PROPERTY ,~1 IFLIECT TO DEC. I.ARATION All that certain real property situated in the City of Campbell, County of Santa Clara, State of California, described as follows: Lots 1 through 6, inclusive, as shown on the Map entitled "Tract No. 9371", filed for record ,2002, in Book __ of Maps, Page , Santa Clara County Records. EXHIBIT "A" State of ) County of ) On before me, personally appeared NAME(S) OF SIGNER(S) NAME(S) OF SIGNER(S) [] personally known to me - OR - [] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY CAPACITY CLAIMED BY SIGNER [] n,,DBm)UAL(S) [] CORPORATE OFFICER(S) (Titles) []PARTNERS(S) [] ATTORNEY-IN-FACT SIGNER IS REPRESENTING: NAM~ OF ?ERSOtq(S) OR EtVrITY(IES) [] T USTEE(S) [] SUBSCRIBING WrI2qESS [] GUARDIAN/CONSERVATOR [] OTHER: