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346 Union Ave. (93-02) O~'CAtlt . ;. ;..~ ~~ ~t<" .... ~ _ ,,- - t"" u,<, *,"...,. r" 'Q. _ Ho.T,' .. - . .. ... 10 "- ~ ., "OotCH A ,,0.1,.; ~y CITY OF CAMPBELL Community Development Department. Building Division March 25, 1996 Vincent C. Sevely, Esq. 230 California Ave., Ste 100 Palo Alto, CA 94306 SUBJECT: On March 13, 1996 I visited the site in question. On this particular day it was raining and at times raining very hard. I parked the city car in the driveway to observe where the water may be collecting on this site. I observed, as the attached drawing indicates, a few small puddles located in the path of the "driving lane behind the locked gates." These puddles appear to be "pot holes" in the natural terrain of the semisurfaced drive area of this storage facility. I estimated the largest "pot hole" to be about 10 to 12 inches wide and about 18 inches long. I could not get in to take measurements but guess the depth to be no greater than 6 inches. To the east of this larger "pot hole" were a number of smaller ones~ my count was about 3 or 4 smaller areas filled with water. It appeared to me that the natural grade of this lot was from west to east. From the driveway behind the locked gate, I did observe small wet area on the wood retaining wall of the adjacent south subdivision. That wet area as it appeared, from the gate area, to be about 6 inches by 12 inches. From my vantage it did not appear to be "running water" but that at some time during that morning water had "wetted" the boards. I did not observe any puddles at the base of this wood retaining wall on the side of the site in question, 316-346 Union Ave. In one of my letters to you previously I mentioned an error which was submitted by the engineer of record for the subdivision to the south. My error referred to one of the plans submitted that showed a storm drainage line on the new subdivision which was incorrectly located toward the south end of the entrance driveway which would not have any affect on any drainage. It is my opinion that water on site is being caused by: 1. the hard surface driveway entrance which sends water on site to 316-346 Union ave. 2. the open surface area and run off from the stored vehicles roof~ depositing water on to the semipaved surface of the lot and 3. the natural drainage of this lot from west to south east. 70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2130 ' FAX 408.866.8381 . TOD 408.866."2790 Please call me if you wish to discuss this issue with me, I can be reached at 408/866-2132. Very truly yours, ~4C'~ Frank B. Cauthorn, P.E. Building Official FBC:db cc: City Attorney CDD Director Public Works, HH ". _.'- 3=-1~ - '7 ~_( f~C~ 3'~) '. 4"~ --~--_.._-------- I 1 I!I --"-------,.---.~_Ht-. III ii~-----. ;'1' --"" -- ! ~ - ---- .j~i --~- - I' I ~ ~ , 1 1 I: " - -. ----1:1-- <Th <=Jj ---- ----~-:-.---._. r 1 ....---.------- -- -.-- r- _. --------.~ --------_. _ ._ _..____._. ________________._ ! ",f- " 'I , , II ! I ; 1 II ! I 1"1 i"I I: ':f 1:1 ~ ((\~~-\~~-J , - - --- - ~ ----. ---- - -- --- -~---- ._. __ .u_ f%~ ~ ...___~~W~ j ,,;}-t, -.L ~'J.A i j,.~ . U61':~ - ~ a!,..... , ~eY? ..A "'J /. J " 4'~ . ""-<& ~~ ~v'~ . ~...-~ o~ ,'OJ. , :.r r "~ , IJ- " ./; ""' ,'-, J~ 'J ' --1 t-- :r i 1 . I '3/~- 3 cf~ U:~ L ') :~ ,A\J~ VINCENT C. SEVELY Attorney at Law 230 California Avenue Suite 100 Palo Alto, California 94306 Phone (415) 326-5025 Fax (415) 326-5514 ;~ Ie r'''ED :-EB 211996 . 1-'0;""" '-'I.. ... V'v. . 4DMINIST \';{';,i RA TtOrv February 20, 1996 city of Campbell Department of Public Works 70 North First street Campbell, Ca. 95008-1423 Attn. Mr. Harold Housley Re: 316-346 Union Avenue, Campbell, California Dear Mr. Housely: Enclosed is a copy of my letter that I sent you on November 2nd, in connection with my client's storm drainage problem caused by the Chalet Woods Development. In view of the more recent rains, I am quite sure that you will be able to observe the flooding. VCS:eh ~-' / . .,./ ,~... /..,~~.I/ -....-, ;7 /' -7 / ~__ .~-7 ~<. ,.--r": 7//' ~/ .. .~/~~/~L~ " ,./ 11/30/1995 08:56 4088676261 WESTFALL ENGINEERS PAGE Ell WESTFALL ENGINEERS. INC. CONSULTING ENGINEERS 14583 BIG BASIN WAY SARATOGA, CA 95070 TEL: (408)867-0244 FAX: (408)867-6261 FACSIMILE TRANSMITTAL FORM DATE: PROJECT: JOB NO.: 11-30-95 CHALET WOODS \ ~~ 92078 LJ f.......J l b J..-.:J TO (COMPANY): TO: TO FAX NUMBER: CITY OF CAMPBELL - PUBLIC WORKS CHUCK GOMEZ 379-2572 DOCUMENT(S):~ SHEETS (including this one) COMMENTS Dear Chuck, we have tinally finished the additional survey for the As Built. We had to go to all the backyards to get th~ drainage info in all the tlackyards. I can tell you it wasn't the easiest of the jobs. I should he tinil'hed pInning and evaluating the info by Mon. a.m. I will deliver the copies immediately. Thanks tl)r your patience. Sincerely, Harry FROM: Harrv Bahida. L S. 4953 d. aL t eJ o-rrlJ--? - d--;7e~ (- (t~{~ c~s.J- /.:1 -G. .. ., r o . t f~.vv-<-,,;{ (L..- - G,- 'j" ~- . -.P ~ _ No-tr:k ~-L ct P "6-' 1/ .s; (Ij CI'--0; --Mr--t: fO-fA.-o ~~ .A--v>A"J a.Li.?~A""-' ->'~-'q-:ot ~ Cl-€-€ .~_"'"'- "tC. .~ 'tf~ ...-v'<-'(1 ~ 'f<:; ~~ ~~(j ~.~_ ~<.<-J ~ -I ajJ 17,+ d;"'" .-~ ,~f'-<tr~ ;.:tJ"", --o/;Ud~i A^/~ll~ jicr-v- ;t~~ ;zf~ ~ ~~ - ~te.- ~ --,!:-~-~~"}V' /'/llrTs .~ ?zf,-, /'-crJ~ F-d1r ~'7~af~ c~ ~ (j'c.Lt.o-<~'J'-C'Y~ ;~-! ~i vi"", -<,+~i" VI,-,- ~..f'Y" +v d~ ~d'~f- rr-clcr s ~ U7__~.Al... Z f s , / Y- / / S; / ~/ / 7 ~ I ~ ~l .dli-v-f --",-e~- (2 t/).~ ~al-,-;' xd~ ~ .i~1F Tm.--.h ;d; _~- .0Trta- J...~ o.<yj <<..-<-.- ~'-f~.i~ .~ ;3f-I"lU~f. Aoy'- -to kJ\4-,O ~ /~,<:t-+~"'t-o _I "0 CJ - . ~c.Z'~~4f-J~'- ,<Jf~ ~iYf~~t. ~ ~n ~ ~ -'7,~ dv~ +~'~CL-I-C^ ~ -;w~ (fet-h'16 ,Jf~ r"rJ 71( A'~ ~<:>-+~- -1-0' ~--t,",-,f u1r-r-t~. c?~ f.t~<2A- r, dot s (}A",-<- -.1L .;&1 7 k d"",,1 h fa-f (' dYV""<':6.. ~ d -,v..,.-- (j'-K -AJ /]1~,-J :.~ /~ --,~"f.er- ~,;t, . fl.-I-- 13; vv /-.'" uJ~f. fof- 7 c#:7J ~ .A'7C'1k.C -;:;.,'/!..( ;dltr jjfa!~?d d;(J!-11~~ ~v~ ct<.A /H':; ~~ --a.f,j kA-v;Y!-.(F tI?J ~ ~~ -w Z/!., &ot-, .~ 113 d!~ fi...o "- -x__.__ G~ (1"- i.. ;zit r.t{jzk- /d!: -4 t.a/:.w-L ~f .~7I!cfJ~<7(fvJ;- 'r-;~a-t<t ~:fo wl(J"fA;. tUr1 ;d., ..-<~.,. r>.,~ ~CJ,('L -r:;z<,u'~ ~..:ti J!o(-y ol"CAtlt ;..4.~';'~t<" ... r" U r" . . .. ... 10 "- ~. ,,' O~CH'1l0' CITY OF CAMPBELL Public Works Department September 28, 1995 Mr. Harry Babicka Westfall Engineers, Inc. 14583 Big Basin Way Saratoga, CA 95070 SUBJECT: 346 Union Avenue, Tract Numbers 3618,3633, As-Built Grading and Drainage Plan Dear Mr. Babicka: This letter is in response to your submittal of as-built plans to Frank Cauthorn, Building Official, dated September 7, 1995, and transmittal letter dated September 11, 1995. The above described plan that you submitted September 11, 1995, is not the plan that the City approved. We are enclosing a copy of the plans that the City approved. Sheets C2 and C3 show revision Number 3. Please use these plans to show the as-built information. We note that the Civil Engineer's statement states that the backyard areas are not a part of the as-built. We ask that you obtain the property owner's pennission to obtain topography, including elevations of high and low points, slopes, and directions of flows. Also determine if there are obstructions which prevent the flows and directions of flows as shown upon the approved plans. We are particularly interested in the drainage information of the property along the north and east lines of the subdivisions. Please let us know when we may expect this information. ~r Harold Housley Land Development En meer Enclosures cc: Frank Cauthorn, Building Official HH:CSG:mw h: 346union 70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2150 . FAX 408.379.2572 . TOD 408.866.2790 NEW PW FAX # 408.376.0958 VINCENT C. SEVELY ATTORNEY AT LAW 230 CALIFORNIA AVENUE SUITE 1"6& Il>o PALO ALTO. CALIFORNIA 94306 PHONE (415) 326-5025 August 22, 1995 " w: r\, teCII:\, ",,' Q,.- .~ ~UG 241995 City of Campbell Public Works Department 70 North First street Campbell, Ca. 95008 - t."NISlR'''-' Y .t~D(II\1 Attn. Mr. Harold Housley Re: 316 and 346 Union Avenue, Campbell, Ca. Dear Mr. Housley: I have written to you previously on behalf of my clients, Mr. and Mrs. Ed Stojanovich who own the above captioned property. My request was to check the grades of the adjoining project of Chalet Woods to see if they were in accordance with the plans previously submitted to the City. To date I have not heard from you. VCS:eh cc: Stojanovich R~~ORDIN~ ~UESTED P" !d~t5*;/ ~~_; WHEN RECORDED MAIL ~ - (>7 ?'~-a~~ \',;\.1 '?~ /1/. /"/</~ '7 ~/_ &'/r~4 eL {} 7b"~6 N 8 8 I PA GE 2 0 5 I s 12915823 FILED FOR RECORD AT REOUEST OF tdcr ~r!tL~h--tl 95 JUN r 3 AM 1/: 20 REC FEE RMF IS- MICRO / RTCF LIEN SMPF 12 POOR OFFICIAL RECORDS SANTA CLARA COUNTY BRENDA DA VIS RECORDt!? ( SPACE ABOVE THIS LINE FOR RECORDER'S USE) i~~ ~~ Vlf ; ~.. '" .{ <'}. l': 'jV, r.,. .. 'O-tf;~<{!., {90$ 1'IS " r~, ",,/,. '\... /7 / ~- / _ /# G /' (~/'7$;i~YtJ? ij-~/et?;;Y~--? DOCUMENT TITLE ~3149 " SEPARATE PAGE, PURSUANT TO GOVT. CODE 27361.6 . I- tEl . ITn I _l t=>- ~' ,'LI/\ ~" - ~:J\"-" ""/ rr'fr-- ~- ~=:>-i~ \~ jt;iH -.--~ ~ f- _ ~ _ '-- _ \, .. ". RAILEh - ;:j t- - ~ ~ _ ~ ,=, /- _~ I,.~AR' , 7 11 - - - \ I -' rr:.: 7 -, L _ ~ ,.. >- ~~ ,1. · ' VL T;:/f@I---':::=- --; ~~ /' II \~ · · ~" .02/29 , I { I I I f- _ ---<' ~~ "~ ~ ,0' ,. : r 1 :, ~ ~ ~ 8 ~~ / ,~. I ~~ . 6 ~ -i:::.2 J i l 11-- } __ - L ~II '1 WE n. ... t ' 4" " . ~ _I-- ~ '7, ,,,,. llilli1I "'nn \.0 -~ /' · 4j". t:= I-- - - --1 / / ; - . y.u;/ ~.-.... .. f--j_ >-- _ '-- S.'m';;- ~ - ; ,:. ~ {::::23/3Ie- d -..(.ID ~ - ., -' I ; a: ..... v" h . I~ U , ~ -rr 0'-...... ~ 4/37 mnt '--' l lrml ~OUSIrRI' A . I . Y/ I ~l oom' :!I"I - :j39/ 2 I- ~ "ST - ~ CJ - ARi 1/tLU II /26 '- of,:"" , I {=: ~ T ::- '-- 7. f...!!< ~p ~/J 0 -- , -=1. FIRE . - ~ 1 h ( C I" I "I T i.. I J 'I C n= --J _ 0 I . Z I 1/7 ~ 01.JJ111JiidiJ \ 7/ ~rD '~ .j., I / I ~ 6 - Ul L ~~uif- pJn-ll ~7f1/(!JjlJL i iiLJ J ~~ Li . L.~~. '-i. ~f(fj/I-'" ~ - _.. h ).5 '_'''. '. ~J.; ? ),.7) I L I IE' ~fW If :'~';" 'j'~:~' ...'" '-,. '/1 'j) ~ 11 ~ I 4. ,"' .' " , ~~ ~,;''' ,,_,. ~.. Z/1- m,;;'S f!f!!!ij .r r-M.,;;;.~I 17 !./.' ~,#"j , ~.1aJJ ~o!!..~4 tl!2~L- I 1 r x', // · "", ;j / "w' m '" I -1 f- L- 1 · > · , .7 I-' "/ - ~ I - ... ".1 .1(1 , h'-. ~ : - ; , o~.~" --L.. 17 ~- . - . 'J.."'.~ ~ L -;~ ~,.,l'~, ,::I:;',";M ,~':< ~A i~6 9~_~~6 Union Avenue l~=:~ r ~ ~ d ~ "JI ~_."I,.. I I w.~ 1/, .r ~~. f -: L L / ,/ 'T . I;(' ~...c:::q _ - · L " 1-- ~ ..-?-?_ ~ III 1l ;1; ~ / / _: .Q I " ;: L '.....~..) y.h.. 11 ~ I I; i 1 9!:,~ I . /, .. I, .,,*" 1 ,__ J r- ; ! I I 1 1-- ....!.. ' :' I. I Il.;j./i".- ~- - '!!. 5' v 0 II E Y I i <J" .. I - 9 {, .. · ~ i ~- L r --' L .. . " r-- - ~~ If,;~ J u:. ;'407't' I ..~",: / ___I "I(" .-< ___ _ ___~: ....1Tl."""':-'~. ~O(I. ".r. ~\ , :11.. '" . "~~;:. ' "., ~ 'r\. -=--. " ... " Attachment #7 Q(' ~,lA II' l:ii 17. Park Impact Fee: Applicant to pay a park impact fee at the time of application for building permit. 18 Street Improvement Fees: Reimburse the City $43,043.70 for street improvements installed in Union Avenue with project 89-3 ($24,638.21 + $18,40S.49). 19. Code, Covenants & Restrictions: CC&R's to be approved by the City Engineer to ensure provisions for maintenance of buildings and common area. PUBLIC SAFETY/WELFARE 6. Handicapped Requirements: Applicant shall comply with all appropriate State and City requirements for the handicapped. (Building) 7. Underground Utilities: Underground utilities to be provided as required by Section 20.36.150 of the Campbell Municipal Code. (Public Works) 8. Utility Boxes and Back-Flow Preventers: Applicant to submit a plan to the Planning Department, prior to installation of PG&E utility (transformer) boxes and S.J. Water back-flow preventers, indicating the location of the boxes and screening (if boxes are above ground) for approval of the Community Development Director. (Planning) PUBLIC WORKS DEPARTMENT 9. Subdivision Map: Process and file a tentative subdivision map. 10. Sewers: Installation of a sanitary sewerage system to serve all lots within the subdivision in conformance with the proposed plans of the West Valley Sanitation District. Sanitary sewerage service to be provided by said district. 11. Water Service: Installation of a water distribution system to serve all lots within the subdivision in conformance with the plans of the San Jose Water Works. Water service to be provided by said water company. Fire hydrants and appurtenances shall be provided and installed at the locations specified by the Fire Chief, Central Fire District. Fire hydrant maintenance fees shall be paid to City at the rate of $195 per fire hydrant. 12. Subdivision Map Act: Compliance with the provisions of Title 20, Subdivisions of the Campbell Municipal Code. 13. Storm Drain Fee: Subdivider to pay Storm Drainage Area Fee as determined by the City Engineer. 14. Grading/Drainage Plan: Provide three copies of a grading and drainage plan for review by the City Engineer. 15. Encroachment Permit: Obtain an encroachment permit, pay fees and deposits, and post surety for all work in the public right-oE-way. 16. Park In-Lieu Fee: Applicant to pay a fee in-lieu of park dedication prior to approval of the final subdivision map in the amount of $153,798. CONDffiONS OF APPROVAL FILE NO. TS 93-02 SITE ADDRESS: 346 and 356 UNION A VENUE P. C. MEETING: JULy 27,1993 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. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. SITE DESIGN 1. Approved Proiect: Approval is granted for a Tentative Subdivision Map allowing the creation of 31 single family lots. The map shall substantially conform to the map prepared by Westfall Engineer's, Inc. dated May, 1993, except as may be modified by the Conditions of Approval herein. (Planning) 2. Structural Removal: All structures on the subject properties shall be removed prior to recordation of the final map. LANDSCAPING 3. Tree Preservation: Prior to final map approval, applicant to submit a tree preservation plan for review and approval by the Community Development Director prior to final map approval. (Planning) PROPERTY MANAGEMENT fUTILITIES 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 22.201 & 11.414, 1985 Ed. Uniform Fire Code). (Central Fire District) 5. Retaining Walls: Retaining walls at property lines are limited to a height of 15 inches if constructed of wood. (Building) Resolution No. 2868 TS 93-01 - 346 and 356 Union Avenue Adopted on July 27, 1993 Page 2 A YES: Commissioners: Alne, Akridge, Lindstrom, Meyer-Kennedy, Perrine, Wilkinson e Fox NOES: ABSENT: Commissioners: Commissioners: ATTEST" Steve erson , Attachment #2 RESOLUTION NO. 2868 BEING A RESOLUTION OF THE PLANNING COMMISSION, OTY OF CAMPBELL, RECOMMENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP, FILE NO. 1'5 93-02, LANDS OF C. WU, ON PROPERTY LOCATED AT 346 AND 356 UNION AVENUE IN PD (PLANNED DEVELOPMENT) ZONING DISTRICT. FILE NO.: 1'5 93- 02 Mter notification and public hearing as specified by law on the application for approval of a Tentative Subdivision Map as referenced in the above heading; as per the application filed in the Planning Department on May 20, 1993; and, after presentation by the Planning 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 File No. 1'593-02: 1. The proposed density of 14 units per acre is consistent with the allowable density permitted under the General Plan. 2. The proposed map is consistent with the Planned Development Permit and Site Plan adopted for the subject property. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that, subject to the imposed conditions: 1. The proposed subdivision is consistent with the General Plan; 2. The proposed subdivision does not impair the balance between the housing needs of the region and the public service needs of its residents. 3. The site is physically suitable for the proposed density and type of development. Based upon the above findings, the Planning Commission does hereby recommend approval of this map to the City Council, subject to the Conditions of Approval attached hereto, as Exhibit A. Further, the applicant is notified as part of this application that he is required to comply with all applicable Codes and Ordinances of the City of Campbell and the State of California which pertain to this development and are not herein specified. PASSED AND ADOPTED this 27th day of July, 1993, by the following roll call vote: f?3~~/GJ ~ 3"5~ ~37Z- ( PUBLIC WORKS DEPARTMENT RL__'dPT I Effective July 1, 1994 TO: City Clerk PUBUC WORKS FILE No..3f~ ~ ~ Please collect & the monies: etLtd- /t..Jd#/',L.j-/ ..'.',.. .',. ",.,', .... 35 - 3396 Project Revenue (specify proiect) $ ENCROACHMENT PERMIT 3372 Application Fee Regular or Utility ($218) R-1 First Permit (No Fee), Subseauent Permit/Yr ($60) 2203 Plan Check Deoosit $500) 2203 Faithful Performance Surety (FPS) 100% of ENGR. ESn 2203 Cash Deposit 4% of FPS)($500 min.) 2203 Labor and Material Surety 100% of ENGR. EST.) Plan Check & Inspection Fee / 3372 Engr. Est. < $100,000 (12% of ENGR. EST.) ** 2203 Enar. Est. > $100,000 (Deposit 15% of ENGR. EST')** 3372 Utility < $100,000 Conduits/Pioelines $1.60/ft.) Above 500 Feet $1.10/ft.) Manholes/Vaults/Etc. $105/EA.) Pole Set/Removal (No Permit Required) $100/EA) Minimum Charae Per Location $115) ** 2203 Utilitv > $100,000 (Deposit 15% of ENGR. EST.)** fir 3373 Project Plans & Soecifications Proiect No. 3373 Standard Soecifications & Details ($12) 3373 Copies of EnQineerinQ Maps & Plans ($.50/sa.ft.) LAND DEVELOPMENT 3372 Parcel Map (4 Lots or Less) $1,040 + $22/Lot) 3372 Final Tract Map (5 or More Lots) $1,352 + $22/Lot) 3372 Certificate of Comoliance $520) 3372 Vacation of Public Streets & Easements $546) 3372 Assessment Segregation or Reapportionment First Split ($546) Each Additional Lot ($166) 3370 Storm Drainage Area Fee Per Acre (R-1, $1,950) (Multi - Res, $2,142) (All Other, $2,340) 3510 PostaQe TRAFFIC 3368 Intersection Turn Counts (Two-Hour Count) $60) 3368 Intersection Turn Counts (a.m. or p.m. peaks) $120) 3368 Traffic Flow Mao (Dailv Traffic Volumes) $26) 3368 Camobell Traffic Modef7Full Scope Assessment) $2,200) 3368 Campbell Traffic Model (Reduced Scope Assessment)($725) 3368 Truck Permits ($35/trip) 3368 No Parkina Sians - ($1/each or $25/100) OTHER I'" I / .h,f...., /J /J 1'~..1..1 SCl/ . l. 'lJi '"() If) \ / ?f TOTAL $ NAME OF APPUCANT -~l?A '/A-? /J/ ,d" P;/.41'; / A ../ ) PHONE cf67- C;( ~~ ADDRESS 1/1'5'(8 ho ~ '-", /~ fd &u/--~ ~ ZIP <?~/J 7/) ~ / (I POR CITY CLERK ONLY RECEIVED BY DATE r f ~. rf"CV, L(;) li:'~ ,,-AA C 'l'-I V E D ~ ~~ f.:. JUN 1 3 1995 CiTY CLERK'S OFFICB *For Plan Check and Cash Deposits, send yellow copy to Finance. **Actual Cost Plus 20% Overhead (Non-interest bearing deposit) h:recptfrm.wk3(mp) /.:l7.07/4:;Q5::; /'7-' 017'- $ J L, PHONE<77 7 -60s(; ZIP '75- /20 TO: City Clerk PUBLIC WORKS FILE NO. Project Revenue (specify project) Public Works Encroachment Permit Fees: 3372 Application Fee Regular ($210) R-1 ($58) 3521 Plan Check Deposit 3521 Faithful Performance Surety (FPS) 3521 Other Cash Deposit 3372 Plan Check & Inspection Fee (First $0-$30,000 14%; Next $30,000- $80,000 10%; Amount Greater Than $80,000 7%; $200 min.) 3373 Project Plans & Specifications 3373 General Conditions, Standard Provisions & Details ($12 or $1 /page) 3373 "No Parking" signs ($1 lea. or $25/1 00) 3373 Copies of Engineering Maps & Plans ($.50/sq ft.) 3372 Final Parcel Map Filing Fee ($1 ,000 + $21/per lot) 3372 Final Tract Map Filing Fee ($1 ,300 + $21/per lot) 3372 Lot Line Adjustment Fee/Certificate of Compliance ($500) 3372 Vacation of Public Streets and Easements ($525) 3372 Assessment Segregation or Reapportionment First Split ($525) Each Additional Lot ($160) 3370 Storm Drainage Area Fee per Acre (R-1, $1,875; Multi-Res., $2,060; all other, $2,250) 3380 Public Works Special Projects 3395 Park Dedication In-lieu Fee 3510 Postage ($500) (100%ofENGR, EST) (4% of FPS) ($500 min,) TOTAL NAME OF APPLICANT elf I4L 6/ W ot:l7;;/s ADDRESS 6 7<OS 51L.V~ Fox DIt.. 5...:T:. RECEIVED tf) /}{({!.../-LJ DATE "- Nt c. G (5-<6 ) FOR CITY CLERK ONLY '.I ",~;4 ~ ~ .. ~) JAN 2 5 1994 C'TY CLERK'S OFFICE TO: City Clerk PUBLIC WORKS FILE NO. "'Ts 93- 01- 3<7& UN/ON Project Revenue (specify project) Public Works Encroachment Permit Fees: 3372 Application Fee Regular ($21 0) R-1 ($58) 3521 Plan Check Deposit ($500) 3521 Faithful Performance Surety (FPS) (100% of ENGR. EST) 3521 Other Cash Deposit (4% of FPS) ($500 min.) 3372 Plan Check & Inspection Fee (First $0-$30,00014%; Next $30,000- $80,000 10%; Amount Greater Than $80,000 7%; $200 min.) 3373 Project Plans & Specifications 3373 General Conditions, Standard Provisions & Details ($12 or $1 /page) 3373 "No Parking" signs ($1 lea. or $25/100) 3373 Copies of Engineering Maps & Plans ($.50/sq. ft.) 3372 Final Parcel Map Filing Fee ($1 ,000 + $21 /per lot) 3372 Final Tract Map Filing Fee ($1 ,300 + $21/per lot) '/3(7) .,.. J7 ~ - ~671. tJ7j 3372 Lot Line Adjustment Fee/Certificate of Compliance ($500) 3372 Vacation of Public Streets and Easements ($525) 3372 Assessment Segregation or Reapportionment First Split ($525) Each Additional Lot ($160) 3370 Storm Drainage Area Fee per Acre (R-1, $1,875; Multi-Res., $2,060; all other, $2,250) 3380 Public Works Special Projects 3395 Park Dedication In-lieu Fee 3510 Postage TOTAL $ ~ tel- B NAME OF APPLICANT ADDRESS FOR CITY CLERK ONLY PHONE RECEIVED I NoH 9 1993 CITY CLERK'S OFFICE RECEIVEDBY~UMu.b DATE \ ~ -2.<3 -'?C> TO: City Clerk FX7o-f '83' 7' Please collect & receipt for the following monies: PUBLIC WORKS FILE NO. "# ~c(d (~) Project Revenue (specify project) Public Works Encroachment Permit Fees: Application Fee Regular ($21 0) R-1 ($58) Plan Check Deposit Faithful Performance Surety (FPS) Other Cash Deposit Plan Check & Inspection Fee (First $0-$30,000 14%; Next $30,000- $80,000 10%; Amount Greater Than $80,000 7%; $200 min,) Project Plans & Specifications General Conditions, Standard Provisions & Details ($12 or $1 /page) "No Parking" signs ($1 lea. or $25/1 00) Copies of Engineering Maps & Plans ($.50/sq. ft.) Final Parcel Map Filing Fee ($1 ,000 + $21 /per lot) Final Tract Map Filing Fee ($1 ,300 + $21 /per lot) Lot Line Adjustment Fee/Certificate of Compliance ($500) Vacation of Public Streets and Easements ($525) Assessment Segregation or Reapportionment First Split ($525) Each Additional Lot ($160) Storm Drainage Area Fee per Acre (R-1, $1,875; Multi-Res., $2,060; all other, $2,250) Public Works Special Projects Park Dedication In-lieu Fee Postage VN/ON 1t(j6 ST1'z66r IHFtLbt/f!!iU€A/T O.1S; .~O ~ ' . . t:) iJ .rl.. r TOTAL 3s5~ Pta:r6C.T 1l6//6MJGS, 'I'#f/;-7 NAME OF APPLICANT c.l-IA,-(. r WOODS. lIve " ADDRESS b '7 % 5- 51 L f)6(L F'o x:. D(L.,) ~t1N ,.TtJ5Cj FOR I RECEIVED BY tJ1 B Lt \A L{) CITY CLERK ON~ D~E 3372 3521 3521 3521 3372 ($500) (100% of ENGR. EST) (4% of FPS) ($500 min,) 3373 3373 3373 3373 3372 3372 3372 3372 3372 3370 'I. 6/1~ {jJ59~5 . I 1l6//f46u~S61U~/NT 413. o~ 70 Lv50:;J..tt $ . "1" " z.. 70 PHONE 9 7 7 - 005' c A ZIP 7.5/;<0 ~.:, ~~* _,.....,. ,; ~ it~ I-. t;;.. g VEa 3380 3395 3510 JAN 2 5 199~ CITY CLERK'S OFFICE PUBLIC WORKS DEPARTMENT Rt:",EIPT Effective July 1, 1994 TO: City Clerk PUBLIC WORKS FILE NO. Please collect & for the ..~monies: ACct. '.',',. " 35 - 3396 Project Revenue (specify project) $ ENCROACHMENT PERMIT 3372 Application Fee Regular or Utility ($218) R-1 First Permit (No Fee), Subsequent Permit/Yr ($60) 3521 Plan Check Deposit $500) * 3521 Faithful Performance Surety (FPS) 100% of ENGR. EST) * 3521 Cash Deposit 4% of FPS)($500 min.) * 3521 Labor and Material Surety 100% of ENGR. EST.) * 3372 Plan Check & Inspection Fee Engr. Est. < $100,000 (12% of ENGR. EST.) Engr. Est. > $100,000 (Deposit 15% of ENGR. EST.)** 3372 Utility < $100,000 ConduitS/Pipelines $1.60/ft.) Above 500 Feet $1.1 O/ft.) Manholes/Vaults/Etc. $105/EA.) Pole Set/Removal (No Permit Required) $100/EA) Minimum Charge Per Location $115) 3372 Utility> $100,000 (Deposit 15% of ENGR. EST.)** 3373 Project Plans & Specifications Project No. 3373 Standard Specifications & Details ($12) 3373 Copies of Engineering Maps & Plans ($.50/sq.ft.) LAND DEVELOPMENT 3372 Parcel Map (4 Lots or Less) $1,040 + $22/Lot) 3372 Final Tract Map (5 or More Lots) $1,352 + $22/Lot) 2t"/8"L 3372 Certificate of Compliance $520) 3372 Vacation of Public Streets & Easements $546) 3372 Assessment Segregation or Reapportionment First Split ($546) Each Additional Lot ($166) 3370 Storm Drainage Area Fee Per Acre (R-1, $1,950) (Multi - Res, $2,142) (All Other, $2,340) 3510 Postage TRAFFIC 3368 Intersection Turn Counts (Two - Hour Count) $60) 3368 Intersection Turn Counts (a.m. or p.m. peaks) $120) 3368 Traffic Flow Map (Dailv Traffic Volumes) $26) 3368 Campbell Traffic Model (Full Scope Assessment ($2,200) 3368 Campbell Traffic Model (Reduced Scope Assessment)($725) 3368 Truck Permits $35/trip) 3368 No Parking Signs ($1/each or $25/100) OTHER t" TOTAL $ ,.{(' 7 8 '---, NAME OF APPLICANT ~ Iz diLt Ie ("'(:/15 PHONE (11-/.- (/[SCc- ~ff - 1 . "')/7j~7J ~/ }-; (/,-i /2-e. ADDRESS . " j 'x./); / i i.C l ZIP / FOR CITY CLERK ONLY RECEIVED BY DATE tl{.- ]6-<1'f *For Plan Check and Cash Deposits, send yellow copy to Finance. **Actual Cost Plus 20% Overhead h:recptfrm. wk3(mp) Y t(,\ {l} \~'\" ~ 1': ~{ ./ L':\' ~.~ :",! \ ,,: ,':: ~ ,'}' .,Y' 'l'~'-; ~'",),':~.t:\ ' . ,:' ',h, ,'. 1",":,. . ,;,,' , ..;' ":. " ,,'\~;' , ,'.:~:: ">j,: , "" ! ~., I , , , j ,I '" " , , ,., I ". I I \ ~ '-.I , ",', I " T. '. I ~ .~ , , .. ~ ' " l,'~, \,' . I . l",",\! "," ;', .. > , ' '~ ~ /: .' " , , , " , .;.":, '.'i~::\' , .' ',' '. \1 ".'l'rss, '."h\.:'~WIUU':ll~", '" 'tl'....)\'.."~l\~..,,"lj,'.,..,"...;.' -.,> I,X'..I\'..,~iW~~~,I.:q., . ,,"';:(::"t;;rOi'~f:[;f~i':';0~!iA::~ii:i;i1~r;)\~;':; r~~~:\.';\:j;,: .;)';?:::",:';~;\~!t~ . .' d . ';'>\', '\':)', '\1:(,,";lr.1t, ',',' .':" ,'. '," "_~ -"j~" ,'~~"!.I .... \,/ '1 " " '.' t., ',:. ,\, . ~. \ ,'t:. ,'1, ,I', ' ************************~t***********~ " ********************************~***** C I n' OF CANPBELL ***********************~************** " eelS 09-29-94 0930 13:05:42 C0 a8B0 ENGR & SUBDIV FILING ACCT: 881.3a7.3372 ANT: RECEIPT# 076t:9."3 2..078. BB " FINAL TRACT NAP TOTAL: ANOl/NT TENDERED CHECK: 9a-4115 2..078.00 CHANGE: 2..078.00 PA~"OR : CHALET NOODSJ INC. .Be --- THANK You VERY nUCH UE APPRECIATE YOUR BUS I NESS , KEEP THIS RECEIPT! i *****************************~**** I " , . , . \ 70 NORTH FIRST STREET C AMP 8 ELL, C A L I FOR N I A 9 5 0 0 8 (408) 866-2100 FAX # (408) 379-2572 Department: Public Works January 13, 1994 Chalet Woods, Inc. Attn: Mr. Chao Wu 6985 Silver Fox Drive San Jose, CA 95120 Subject: TS 93-02, 346 Union Avenue Dear Mr. Wu: The City is completing the review of your final subdivision map and the prints will be forwarded to your engineer by the end of the week. Prior to agendizing this item for City Council approval, the following conditions of approval must be fulfilled: 1) A clearance letter must be received by the City from West Valley Sanitation District. 2) Pay a storm drain area fee of $4,617., 3) Post a surety in the amount of $15,200 for work in the public right-of-way. 4) Post a cash deposit of $608. 5) Pay plan check and inspection fee of $1,628. 6) Apply for an encroachment permit, and pay $210 application fee and $500 plan check deposit. An application is enclosed. 7) Reimburse the City $43,043.70 for Union Avenue street improvements. 8) Satisfy conditions of Planning and Building Divisions, including payment of park in- lieu fee. 9) Execute the attached Street Improvement Agreement. If you have any questions, please do not hesitate to call me at 866-2158. Very t~'l?~ v lJZ/Aez! -Le-1Z4 !1i~hael A Fuller Assistant Engineer Of(B - ~ttachment: Permit Application, Agreement File: McG(58) CITY OF CAMPBELL MEMORANDUM To: Mike Fuller Land Development Engineer Tim J. Ha;;1,~- Associate.lriaA~er Date: January 25, 1994 From: Subject: Park Dedication/Impact Fee - 346 & 356 Union Avenue ---------------------------------------------------------- The City Council, at its meeting of June 15, 1993, approved a 31-unit townhome development on the project site. The project site is currently comprised of two parcels which are developed with three single-family homes. Based upon the existing development of the site, the applicant will be credited for three single-family homes at $10,990 or $32,970 total. The Park Impact Dedication Fee for the proposed development would be 31 units at $6,615 or $205,065 for the development. The resulting Park Impact Dedication Fee after the credit for the existing units on the site would be $172,095. Seventy-five percent (75%) of that fee or $129,071 is due at the time of final map recordation and 25% or $43,024 is due at the time of building finals. cc: File Frank Cauthorn, Building Official Steve Piasecki, Community Development Director CITY OF CAMPBELL MEMORANDUM To: Tim Haley Associate Planner Date: March 11, 1993 From: Michael A. Fuller Assistant Engineer (~~~ S\M Subject: PD 93-01 346 Union Avenue ---------------------------------------------------------- We recommend the following conditions of approval of the subject application: 1. File and process a tract map. 2. Reimburse the City $24,638.21 for 346 Union Avenue and $18,405.49 for 356 Union Avenue for the cost of the street improvements installed by the City. 3. Pay a Park Impact Fee of $205,065. 4. Obtain an excavation permit, pay fees and post surety for any work in the City right-of-way. 5. Provide a grading and drainage plan for the review of the City Engineer. JMB . "., "5)1 / &\J'i r, 01~ ~1~~ ~ (d~ &\. b~~' 1\ 5' '01 b I ')1 c;~ I b (-;1 (I / 1- '11) .'7 t--\ I ./ j 7 6( 'J I . \ ( 1 1":) <6 r~ ) I ~ \~ '1LG __ I t.- ~ tJ" I ,...---- r:- I CITY OF CAMPBEll 70 NORTH FIRST STREET C AMP BEL L, C A L I FOR N I A 9 5 0 0 8 (408) 866-2100 FAX # (408) 379-2572 Department: City Clerk September 9, 1993 Mr. Chao Wu Chalet Woods, Inc. 6985 Silver Fox Drive San Jose, CA 95120 . Dear Mr. Wu: At its regular meeting of September 7, 1993, the City Council held a public hearing to consider approval of a Tentative Subdivision Map allowing the creation of 31 lots on property located at 346 and 356 Union Avenue. Following discussion, the City Council adopted attached Resolution 8548, subject to Conditions of Approval. Please do not hesitate to contact this office (866-2117) or Gloria Sciara, Planning Department, should you have any questions in regard to the City Council's action. Sincerely, ~ -4L- Anne Bybee City Clerk Enc. R E C E , V EO SEP 1 0 199.:; cc. Chuy & Gracie Garcia Georgina Hobbs Westfall Engineers Jim Miller, Litt.1.e/Neal Realtors Glo.r.:i<1.SciC1'J:"~,...I>lanningDepartmen t ,-II Y Or \..k''''U .yl.....Ol:L, PLANNING uEPl RESOLUTION NO. 8548 CITY COUNCIL CITY OF CAMPBELL, CALIFORNIA BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL, APPROVING A TENTATIVE SUBDIVISION MAP, ALLOWING THE CREATION OF 31 LOTS, ON PROPERTY LOCATED AT 346 AND 356 UNION AVENUE IN A PD (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR CHOU WU. FILE NO. TS 93-02 After notification and public hearing as specified by law on the application for approval of a Tentative Subdivision Map, allowing the creation of 31 lots, on property located at 346 and 357 Union Avenue in a PD (Planned Development) Zoning District; as per the application filed in the Planning Department on May 20, 1993; and, after presentation by the Planning Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the City Council does hereby ratify the Planning Commission's action per application No. TS 93- 02, including the findings, Map and Conditions of Approval outlined in Resolution No. 2868, adopted by the Planning Commission on July 27, 1993, on a roll call vote of 6-0-1 (Commissioner Fox was absent). Further, the applicant is notified as part of the application that he is required to comply with all applicable Codes and Ordinances of the City of Campbell and the State of California which pertain to this development and are not herein specified. PASSED AND ADOPTED this 7th day of September, 1993, by the following roll call vote: AYES: NOES: ABSENT: COUNCILMEMBERS: Burr, Watson, Ashworth, Dougherty, Conant COUNCILMEMBERS: None COUNCILMEMBERS: None ATTEST: APPROVEDBY~ISJ~ Barbara D. Conant, Mayor ,..,...;- :.::~"-'t I '~.:ilVrAr.- IS tl ~tIU-: \ 4.,F.'f C -' '( F n; ;)d.IC.~t"L. _ f ~-' ...: . -: ~ ,lFFi :'c,. -J' -'." . ,(".r: ,-" E" -.. ~. ,_ , "'. _ _._, l, f <.;.... I~,KI ~l' -1\ .~' F" /,'.~ut}~r~~ ttJ G{d ! r:) . _ .9 \\().}it3 _ '._ 'j ! PAGE 1 of 4 ,. ~ 8 I PA GE 2052 Recording requested by !iC?~~/J~~!~/-'f!f:...f~4r// E;, .;t/h€ er;s; /fl C . ;(Engineer or Surveyor) When recorded, mail to: /~~::f:t-l~J ~J;H ~ 7C, if CITY OF CAMPBELL PUBLIC WORK S OEPT. 70 N. FiRsT STR.EET CAM PB€LLJ CA 95008 ---------------------------------------- (For Recorder's Use Only) -g~BIJfJg~I~_Qf_gQEE~gIJQ~__ NOTICE IS HEREBY GIVEN that the certain (~~~f>-~71-!~f!.L_=_~~~~,;_--- q~~-~r-~~q~_!_.LL/,{~~_______) filed (Qs:::.Z-C2~~.!:_~~__f.2.~:t::___(..b____ kef<;,-J2-!f2,,_L~~~--~Jtz-------) Sallta Clara County Records. being u lIIap or' the Iullds c::.hQ/e:-r_f:!:!p_C2~_I_L'!..~..!--) is corrected as [ollolY's: (.!Ift~_~:!:. -~C!.f:.._.{_C!!:~!!-7~2.. _~n:z_~.573_ ~f k_.!4~~~.:.6_____ tl~~~--~~~t-~--~~#~~-.fte~-.t-~~-~..f:.._~__1.P:"~~-~:.5_______ -~~~--~-~t-~--~~~~--~-~-~.!!~-~=-0.-~-~_~€f._~~c~_______ -----------------------------------~-- ) Corrections continued on Page 2 of 4. The name o[ the present fee owner of real property affected by such correction is as follows: CAQ/e-t- Woods Ene. -- .-------------------r-----------------____ C/-:R'J'IFICATE OF (ENGINEER OR SURVEYOR) TlfIS IS TO CERTIFY that the above certificate of Correction \Vas under the direction and control of the undersigned ~-"I~__l!~!?!._'<;~~____________________ . '. \ "', \\., / . i:;:J~ -~-~-;~~--~-~-- -~-.Z________;;;;;; ~~--;:'~~~~;~-j~:- 7_ /,. ~f/; ~J- My License Expires: ~~-?t/-2Z-~~.f;;.""J~' CEJrnFICATE OF CITY ENGINEER TIllS IS TO CERTIFY that the above Certificate of Correction has been examined and shOlY's that it corrects an error in the (~~-4?LZL.Ll'L"~..dZ:f..._____) \ . shown 011 the above referred to C.dLZ!e..L7'd.eL../../'-41?kL&"~f~~--- ~.KL.;.kL/_&2~~j) . ~:~.L3=-95-_ Date ----~~-~--------- 13 y: -.8Q8.EB..LJ:Yl_..HARABY____-:-______ Deptlty L ITY ENftINEER.) RCE LlL1,]2~ My Lice~lSf-' Expires: ___~_..:JQ_:.3_1_________ PAGE 2 of 4 '" q 8 I PA GE 2 053 ADDITIONAL CORRECTIONS: continued from PAGE 1 of 4. (/I/'eCl. ~ Lot- 4 dAn:Jes r--~ ~ y.'7~ S~F. to /; s~s- s.r:-. #r-ea ~ Lor s- eAethQeS ../;./hn I~S/? >.F. to /; ~o/ s.r=. c/ . /b.eq ~ Lot- t; cMl1f;}€$;;~ ~ .s-7/ s:,c; fo ~ lP~3 s.r=. c/ /P~ ~ Lot- 7 ~nge5 ,4".., /,S7/ S,r. '0 t ~ 'r-:3 S:r. ", #,-e~ ~ Lot- <f ~hge.S" frlTWl 4 ~2Y- f.r. to ~ ~?B s.F. .." ~oull,er7 the o.,e' Lot- ~ ~al'~ L. I~) cMnyes to .$2 . so ' Soufherlc.,- bne 6JLkl- /0 (~a".~ LZ/)cMnqeJ 10 S2. ~-o' / / v .s;~Ih'rI,-; ~he ~ Lot- 1/ (mark-oed /.28) dQhgeS to 4--7. So ' / ~ v >>qrA e/"A the 6H/' Lot- /2. mqrked L Z,f Alt cAq"ye..s aI"-e I/Ia./"kee( w~ fA' t:t11 arkl"ls.l. t:n1 ,Paye 3 ""~ 4- . ) AMENDE/) T' ~CT 8633 CHALET WOODS INC. CEA'TlF/cI9TL:-- ~F (}:)R/?ECT/OIY~, r6. .::3 Or ~ ...._ _" N 89' 57' 35" E 99. 5tf ~-- 44.04' L' 9 SS,40' ~ ~ /1662 ~<:::> C\J . o-:C\J --.J~ ~S.F. '\)--.J N 8 8 I P l\ GE ? () 5 4 132 S7.48' i:: ~ 8 'ct: ~J ~ ~ ~ -.j /6?8 ~~ <: ~ i(j ~ ..:-&2-+ 5, . F . "L, J ! 29 "'J <::l - I , -...J ~ L 35 S4. 48' Lf 313.00' ~- ~'If ' t"J I ==-30 :):0) -$) l!)ctl C\J C\J C:l . C:l <: - ~~ C\j --J 2..'l!) - C\I co - L26 --J -l!) ~C\J 5-...J 1', ... ~J C\l--.J 10, \s' 60.5 I ,!"051 j'A L44 32.50L 45 "l-~' 't 13 -...JL4' ~ ~-~ ~ ~ COt/t/ON AREA ~ --.Jr-: 1425 5. F.CJ /3' --J <\J AREA 0.307 ACRES (\j L 39 -;., '<"t. L 46 .. -Jr . q 39.50' <:::) L.2_ , ~ 1 2 ~~LLn4tO_ fvJ<:) --J- cO C\J. ",,0 -...J~ 1433 S.F. \\j~ PUBLIC SERVICE -.J ~ +:""1" 52.50' EA5Ef1ENT (P. 5. E.) 3'l!) \\j L 29 -...J , lrJ . 3l\J~ , -...J~ ~~ . ~J ~--.J , "" i"J f"J lr) l\J '1- -...J -- / ! I" ~ C\J ~ ..... -...J<\J 1499 S.F. lJ:) (\j II- /2'3 -J 49.S0' _1~L29 Q;) ~ 3' -...! Cl "" Cl 1499 S.F. ~ ~ ~ -f::-i!+ 52.50' .._- l!)<J l\J<::l L 29 -.j ~ lr\ f\J =t: f-.... gs f"J ~ > C\J . ....... --.J a-- 1\I 10 -J (J i' (Jr'\J ~-...J ~ r" __ f"J ($ -.j 9 CljQ.) f"J C:l 1633 5. F. -.J iY) . ~ 52.50' 64.99' 255.64 ' - ! 7! . 97' S 89" 5/7' J5\' /,./ ClJ ~ ~ ~ l.J c::J CJj If') N6.Q'57JJ'l"ClJ t: cOil ' ~ \.C CJ L2 155.46" 2#-1S-6? ~f"J o-:C\J t+Bi!- .5. F. <\j--J L 24 SO. 48 . ~ 15"69 ~ ~~ --J..... " ~ lL}~) 5. F. ! 21 55.48' 2: . ct: 4 1It" g rv- ~ 1585" . ,,) <: (f- ,J ./..-4-i::J-!:r S. F. t\,J-J .' 2i3 52 . 48 ' "- 5* C\l'~ . /60/ "f"J I\i-...J' ~ c; - .l. , ,_ , _ . 1- , .T \1)-4 l'-rv--. " ! ," ~. J ~. L L c: ~I r, ~ --.J 5"7. 46" 6 ~ ~ r<j /643 0-.: l\J -t-5/T' S. F . <\j -J !_33 54.48' 71643 -f-57-t S.F. , , l{) ~ JV") r-- 0.: \\j \lJ <\j -.J 0) .3/4" J. P. rOt/NO PEl? 7205 AS RECORDED IN /JODI( '59 Of MAPJ AT PACE5 6,7 SANTA CLARA C.OUNTY RECORDS ?05 , ~ c.r .....J c::: ~ r.( Q: ~ ~ l..J N 8 8 I PA f,t: ~ 055; , . . : I , :: II/E5 T/:/lLL E.lY6//Y/:'=I?S, /NC, ':r~"" SARA TOCA', CALIFt... .NIA I ' ' ' , . , I' : ' j .. . I ' , : ! ~ : , . , . I ~RTIr=/C!/JrE Or CtJ/?R€C!//ONS, l?96E.4 Or 4- , I . . , ! ; LINE DATA: 1 Line, Bearing Distanoe , I : Number I , 1 . I . , ....... ,.,.., , . . , , i I . : .. : : 19 N 89'57'35" E 55.48' t _. t : J ...... '20 N 00'00'00" E 29.98' . ..~,,~. ~ t:: 1 j ~ ...."- ':"'j . . -21 N 90'00'00" E 55.48' 22 N 00'00'0(1" t: 29.95' ,23 N 00'00'00" E 29.00' t 24 N 90'00'00" E 50.48' 25. N 00'00'00" E 8.00' 26 N 90'00'00" E 5.00' '27 N 00'00'00" E 2/.00' '28 N 90'00'00" E .58.48' 29 N 90'00'00" E 3.00' 30 N 00'00'00" E 21.25' ~31 N 00'00'00" E '1. 7.5' : :32 . N. 90' 00' 00" E 5!l.4$.' '-I ~ i , i33. N 90'00'00" E 54 . t/8 ' ,34 : N 00'00'00" E 30.00' 35 ; N, 89' 57' 35" E 54.48' 36 N 00'00'00" E 9.04' 37 N 00'00'00" E 31.12' 38 N 00'00'00" E 31.08' 39 N 90'00'00" E 39.50' 40 N 00'00'00" E 3.00' 41 N 00'00'00" E 5.00' ,42 N 90'00'00" E (O.OO' 43 N 00'00'00" E 27.25' '44 N 80'04'26" E 10.15' 4S N 10'00' O()" .E 32. ",FiO' ; r . ~ -...J , . . I :i~~:- , : C\J l:>\ J i:-...J : I ~ '.. . "I .' t i .., ~ ;i::. . I ; ",' ,. I: 9:: I I ''t- ~' " I : t-) .: I, .I':.~ :.,' ; " j I : \ ,:;:,! \ , i"~- , ' " . : , \ ' , , . ;' .' 1 i"f'f'-' , ! ; : , I" I. P. rPt/NO'/'e!? R. O. S. 96 t1 45, .':::1 " " ',.:-,,:, n. '," , , ", r I. 1"'- . , I 1 I : . I . . . . , j . : ' I ; i ; ;' : : . : ; : , : I. . : 1 I : i j ; . 1_ J. ( I , , I , : : i : ~ , . I .', ~ j. , . ~L'i,: ! i ' : I ~ - i ; .. ~ . ,- t I' ' I : : j ; . i . ' . -, ... ..~,..... , i , : , , , I : j . i : ! i '-I't. , : I ; i ,- ;'f ~'~ ~~-.;,. ~.. ~ . ~ 1 .. r . i ! I , . . 1 . : j . . ,. !;'" I , ,:, . I ( ., ~ ~. . ! . j ~ r ' .. - , ; : i " ~ I' . . , , ' i -"~~"""r":.'T"- . . ! : . t : . , i , ; I I . ; i ' 1 . I I : : , ~ ' ; ._. .-i.--. l..~ ! : ; ; } ! ; \ f.' ; ; ': , , . I' '.;' j i , ,~ ~ ' : : ! ; I ; , ~ : . , >.~i..i_:_: ::_~_:- . I . " . I . ! : ' , , ' ._' . I .. . , ! ; I t ~ oJ .~ . . , ; I . . , , J ' . ' :,: i':t.tt' ; t , " ., 1,.,1-- -, . , " " I :. ' , !::;:;: i :,It. , I; : i. : ;.j.\, :.;:t , l.. \ ... !. i-;-~~,~-'~'-'-4-1 . ; , , \ . ..++,!,,!l . ; : ,., I"LI u... ''-111.. 1;.-1--1'..... .~-+-~_..+j-bb," ", 1 l,_~. ___ ~: 1.,+ 1-1, ' _, ' .,-~::'I"T. ,....- VINCENT C. SEVELY ATTORNEY AT LAW 230 CALIFORNIA AVENUE SUITE}o4iMt "C~ PALO ALTO. CAl.lFORNIA 94306 PHONE (415) 326-5025 June 15, 1995 RECE~VED ~JUN 1 6 1995 City of Campbell Public Works Departrrent 70 North First Street Campbell, CA 95008 PUBLI,- ADMINISTRA liON Attention: Harold Housley Re: 316 and 346 Union Avenue, Carrpbell, CA Gentlenen: I represent Mr. and Mrs. Edward Stojanovich who are owners of the above-captioned property. Their parcel adjoins a developIrent called "Chalet Wcxx1s" which is in the final stages of developrrent. On two separate occasions we have written to the developers of Chalet Woods and advised them that a drainage problem exists between my clients I property and theirs in that the downspouts of the condos empty their contents near the fence between the two properties and water seeps through the retaining wall causing flcx:x:ling of the Stoj anovich property. A1 though the rains have stopped, the drainage problem is still evident, as water seeps through when the occupants hose off their patios or landscape is watered. I would request that the City check the grades of the adjoining lots to see if they are in accordance with the plans previously sul:mi. tted to the City for approval. I cannot i.nagine the City approving plans that ~u1d pennit any project to drain to the adjoining property. vcs: fwa cc: E. Stojanovich 06/06/1995 15:54 4088676261 WESTFALL ENGINEERS PAGE Ell 4 \. . WESTFALL ENGINEERS II\lC. Consulting Engineers 14:58'3 BIG BASIN WAY SARATOGA. CA 95070 TEL. (408) 867.0244 J=AX: (408) 867.6261 92078 ","l-'~ ...1l'~ . I : ._)~~;J IECEIVED JUN 0 8~995 Public W.rbJEngineering BUI' "'...., 011,.';:"'10'1 iL.Uli,,] iVlvi i'. May S, 1994 PROJECT: CHALET WOODS, 31 UNIT TOWNHOME DEVELOPMENT I UNION AVENUE, CAMPBELL, CA . To Whom It May Concenl: This is to confirm that I have verified the pad devations for the above referenced project. The field elevation check was done on May 3. 1994. All pad elevations are in agreement with the adjusted pad elevations as shown on the Grading and Drainage Plan, as revised on May 2, 1994. ~~cka L.S. 4953 I ~Frank Cau~horn 'CITY OF CAMPBELL ! FAX': 408/379-2572 ~ Harry Babicka DAlE' 6/ 6/951 wt;:;'lFALL ENGINEERS. INC. PACES NO..1.JDINQ THIS FWE: FAX': 408/867-626~.: 408/867-0244 1 ~ SURVEYING CIVIL STRUCTURAL WEST VALLEY SANITATION DISTRICT OF SANTA CLARA COUNTY SERVING RESIDENTS OF CITY OF CAMPBELL TOWN OF LOS GA TOS CITY OF MONTE SERENO CITY OF SARA TOGA UNINCORPORA TED AREA 100 East Sunnyoaks Avenue Campbell, California 95008 Telephone (408) 378-2407 January 25, 1994 Ms. Joan Bollier Department of Public Works City of Campbell 70 North First street Campbell, CA 95008 RECEIVED JAN 27 1994 PUBLIC VV,/-hS ADMINISTRATION RE Tract 8618 & Tract 8633 Chalet Woods, Union Avenue Dear Ms. Bollier: This is the district's clearance letter for the referenced development. The developer has satisfied all of the district's requirements for the sanitary sewer improvement. Very truly yours, By Jo athan K. Lee Assistant civil Engineer ee: Chao Wu Chalet Woods, Ine. 6985 Silver Fox Dr. San Jose, CA 95120 (FORMERLY COUNTY SANITATION DISTRICT NO, 4) WHEN RECORDED MAIL TO: INDEX DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF CHALET WOODS OF CAMPBELL - A PLANNED DEVELOPMENT PAGE ARTICLE I: DEFINITIONS 2 ARTICLE II: DESCRIPTION OF PROJECT, ANNEXATION, DIVISION OF PROPERTY, AND CREATION OF PROPERTY RIGHTS 4 ARTICLE III. HOMEOWNERS ASSOCIATION, MEMBERSHIP AND VOTING RIGHTS 7 ARTICLE IV DUTIES AND POWERS OF THE ASSOCIATION 9 ARTICLE V: ASSESSMENTS 17 ARTICLE VI: EASEMENTS 24 ARTICLE VII: USE RESTRICTIONS 26 ARTICLE VIII: ARCHITECTURAL CONTROL 29 ARTICLE IX: MORTGAGEE RIGHTS AND PROTECTION 31 ARTICLE X: DAMAGE, DESTRUCTION OR CONDEMNATION OF COMMON AREA IMPROVEMENTS 34 ARTICLE XI: GENERAL PROVISIONS 36 RECEIVED rJAN -71994 PUBLIC WORKS ADMINISlRA lION DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF CHALET WOODS OF CAMPBELL - A PLANNED DEVELOPMENT THIS DECLARATION is made on the date hereinafter set forth by CHALET WOODS, A LIMITED PARTNERSHIP (hereinafter called "Declarant") . WHEREAS, Declarant is the owner of all that certain real property located in the City of Campbell, County of Santa Clara, State of California, more particularly described as follows: Lots 1-18, inclusive, and Common Area Lot 19, which description excepts Lot 20 from inclusion, as shown in that certain Subdivision Map entitled "Tract 8618" filed in Volume of Maps at page , Official Records of the County of Santa-Clara, Sta te of Cal i forn ia, on 199 (here ina fter re fer red to as "the Map). WHEREAS, it is Declarant's intention to impose upon the property mutually beneficial restrictions as a planned development (as de fined in Cal i fornia civil Code Section 1351 (k) under a common scheme for the improvement, maintenance and benefit of all of said lots and the owners thereof; and WHEREAS, Declarant hereby establishes by this Declaration a plan for the individual ownership of the real property estates, consisting of those certain parcels of land together with those single-family residential improvements thereon as well as the "common area" as hereafter defined. NOW THEREFORE, Declarant hereby declares that the property is held and shall be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied and improved, subject to the following limitations, restrictions, covenants and conditions, all of which are declared and agreed to be in furtherance of a plan for the improvement of the property and are established and agreed upon for the purpose of enhancing and perfecting the value, desirability and attractiveness of the Project and every part thereof. All of the limitations, covenants, restrictions, and conditions shall run with the real property and shall be binding upon all parties having or acquiring any right, title, or interest therein or any part thereof, and shall be for the benefit of each owner of any portion of saiJ Project or any interest therein, and shall inure to the benefit of and be binding upon each successor in interest. I ARTICLE I DEFINITIONS 1. The "Association" means the Chalet Woods of Campbell Owners' Association, a non-profit mutual benefit corporation, membership in which shall be limited to owners (as hereinafter defined) and in which all owners have a membership interest. 2. "Beneficiary" means and refers to a mortgagee under a mortgage or a ben~ficiary under a deed of trust encumbering a lot, as hereafter defined. 3. "Board" or "Board of Directors" means the governing body of the Association. 4. "By-Laws" shall mean the By-laws of the Association which are or shall be adopted by the Board. 5. "Common Area" means Lot 19 and any other real property owned by or held in trust for the benefit of the Association for the common use and enjoyment of its members, but does not include real property over which the Association has only an easement. 6. "Declarant" means and refers to Chalet Woods, a Limited Partnership, and any successor(s) in interest of Declarant, if (i) such successor(s) in interest acquires all or any portion of Declarant's interest in the Project for the purposes of development, sale, and/or rental and (ii) a certificate, signed by Declarant, has been recorded in the County in which the successor(s) in interest assumes the rights and duties of Declarant to the portion of the Project so acquired. There may therefore be more than one Declarant. 7. "Declaration" means and refers to the within Declaration of Covenants, Conditions and Restrictions. 8. "Director" means and refers to a member of the Board of Directors. 9. "Eligible Mortgage Holder" means and refers to those holders of a first mortgage on a Lot who have requested the Association to no t i f y the m 0 n an y pro po sed ac t ion t hat r e qui res the con s e n t of a specified percentage of eligible mortgage holders. 2 ID. "Institutional Lender" shall mean any bank, savings and loan association, insurance company, or other financial institution holding a recorded first mortgage on any Lot. 11. "Lots" mean those certain parcels of land together with the single-family residential improvements attached thereto, described on the Map of Tract 8618 as Lots 1-18, inclusive, in the County of Santa Clara, State of California, any additional lots annexed to the Chalet Woods project. 12. "Map" refers to that certain Subdivision "Tract 8618" filed in Volume of Maps at page Santa Clara, on 199 Map entitled , County of 13. "Member" means and refers to those lot owners who are members of the Association pursuant to Article III hereof. 14. "Mortgage" means a deed of trust as well as a mortgage. 15. "Mor tg ag ee" means a benef ic iar y under or holder of a deed of trust as well as a mortgage. 16. "Owner" or "Owners" mean the record owner or owners, whether one or more persons or entities, of a fee simple title to a lot, and a contract vendee of a Lot, but excluding any person or entity having such interest merely as security for the performance of an obligation. 17. "Project" and "Property" means the entire parcel of real property described above, and such additions thereto as may later be brought within the jurisdiction of the Association. 18. "Restricted (exclusive use) common area", if any, means and ref e r s tot h 0 s e po r t ion s 0 f the com m 0 n are a set as ide for exclusive use of one or more lot owner(s), pursuant to California Civil Code Section 1351 (i), and as hereinafter set forth in Article II, Section 4 of this Declaration. 19. "Rules" means the Rules adopted by the Association pursuant to this Declaration. 3 ARTICLE II DESCRIPTION OF PROJECT, ANNEXATION, DIVISION OF PROPERTY, AND CREATION OF PROPERTY RIGHTS Section 1. Property Subject to Declaration: Lots 1-18, inclusive, and Common Area Lot 19 as shown on the Subdivision Map of Tract 8618, County of Santa Clara, is hereby declared to be subject to this Declaration. Section 2. Annexation: An additional phase may be annexed to and become subject to this Declaration by any of the following methods set forth in this Section. Upon annexation, such additional phase shall become subject to this Declaration without the necessity of amending individual sections hereof. A. Annexation pursuant to Plan: The property described as Lots 1-13, inclusive, and Common Area Lot 14, as shown on the Subdivision Map of Tract 8633, Santa Clara County (Phase II) may be annexed to and become part of the Chalet Woods project, subject to this Declaration, and subject to the jurisdiction of the Association without the assent of the Association or its members, on condition that: (1) Date for Annexation: Any annexation pursuant to this section shall be made prior to the third anniversary of the issuance of the original public report for the immediately preceding phase of the project. (2) Plan Approved: The annexation and development of Phase II shall be in accordance with a plan of development approved by the California Department of Real Estate. (3) Declaration of Annexation: A Declaration of Annexation shall be recorded covering the applicable portion of the property to be annexed. Said Declaration may contain such complementary additions and modifications of this Declaration as may be necessary to reflect the different character, if any, of the added property, and as are not inconsistent with the scheme of this Declaration. The Declarant shall make a written commitment, at or before the time any annexation document is recorded, to pay to the Association, concurrently with the first conveyance of a lot in an annexed phase, appropriate amounts for reserves for replacement or deferred maintenance of common area improvements in the annexed phases necessitated by or arising out of the use and occupancy of lot residences under a rental program conducted by the Declarant which has been in effect for a period of at least one (1) year as of the date of the first conveyance of a lot in the annexed phase. 4 B. Annexation Pursuant to Approval: Upon approval in writing of the Association, pursuant to vote or written consent of a two- thirds (2/3) majority of the voting power of its 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 in the manner described in Section A. 3. C. Ef fec t of Annex a t ion: Upon such annexa t ion becom ing effective, all of the property so annexed shall become subject to the recorded Declaration and any amendments thereto descr ibing such property, Articles, By-Laws and current Rules of the Association, with the same force and effect as if the annexed property was originally a part of the property described herein. Voting specifications set forth in the Declaration, By- laws, and Articles shall apply to the entire number of votes of all annexed phases.. Assessments collected from owners of the property may be expended by the Association without regard to the particular phase from which such assessments came. All owners shall have in g res sand e 9 res s to and use 0 fall po r t ion s 0 f the com m 0 n are a s throughout the project, subject to the provisions of this Declaration, the By-laws, the Articles, and the Rules of the Association currently in effect. D. Quality of Construction: Future improvements to the project will be consistent with initial improvements in terms of quality of construction. Section 3. Partition prohibited: The Common Area will remain undivided as set forth above. No owner shall bring any action for par ti tion. It is ag reed tha t thi s re str ic tion is necessar y in order to preserve the rights 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 physical partition of a single lot is prohibited. Section 4. Common Area Ownership: Prior to the conveyance of title to the first lot, Declarant shall convey to the Association the fee simple title to the Common Area free and clear of all liens and encumbrances, except current real property taxes, which taxes shall be pro-rated to date of transfer and reservations, easements, covenants, conditions and restrictions, then of record, including those set forth in the covenants, conditions and restrictions for the Association. Every owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot subj ec t to the prov isions in thi s Declar at ion. 5 Declarant hereby reserves such easements and cross-easements for u'se of and passage through the Common Area(s) as may be necessary for the be n e fit 0 f Lo tow n e r sin Ph a s e I I 0 f the Pro j e c t. Declarant further promises to convey to owners of Lots in the first phase similar easements and cross-easements for use of and passage through the Common Area of Phase II which may be annexed to the Project, with such easements to become effective upon the annexation of Phase II. Section 5. Restricted (Exclusive Use) Common Area(s): Notwithstanding any other provision in this Declaration, the internal and external telephone wiring designed to serve a separate Lot, but located outside the boundaries of the Lot, are restricted (exclusive use) Common Areas allocated exclusively to that particular Lot. A Lot owner shall be enti tIed to reasonable access to the Common Area for the purpose of maintaining the internal and external telephone wiring made part of a restricted (exclusive use) common area pursuant to tois section. Such access shall be subject to the consent of the Board of Directors of the Association, whose approval shall not be unreasonably withheld, and which may include the Board's approval of telephone wiring upon the exterior of the Common Area, and other conditions as the Board determines reasonable. Section 6. Party Walls: Each wall which is built as a part of the or i gin a 1 con s t r u c t ion 0 f the To w n h om e D well i n 9 sin the Pro j e c t and placed on the dividing line between the Townhome 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. The cost of reasonable repair and maintenance of a party wall shall be shared by the owners who make use of the wall in proportion to such use. If a party wall is destroyed or damaged by fire or other casualty, any Owner who has used the wall may restore it, and if the other Owners thereafter make use of the wall, they shall contribute to the cost of restoration thereof in proportion to such use without prejudice; subject however, to the right of any such Owners to call for a larger contribution from the others under any rule of law regarding liability for negligent or willful acts or omissions. Notwithstanding any other provision in this section, an Owner who by his negligent or willful act causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. 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. In the event of any dispute arising concerning a party wall, or under the provisions of this section, such dispute shall be submitted in writing to the Board of Directors and the written decision of the Board shall be final and bind ing upon the par ties. 6 ARTICLE III HOMEOWNERS ASSOCIATION, MEMBERSHIP AND VOTING RIGHTS Section 1. Organization: The Association is a Non-Profit Mutual Benefit Corporation charged with the duties and empowered with the rights set forth herein and in the By-Laws and Articles of Incorporation. Its affairs shall be governed by this Declaration, the Articles, the By-Laws and the Rules of the Association. In the event that the Association as a corporate entity is dissolved, a non-profit, unincorporated association shall forthwith and without further action or notice be formed to succeed to all the rights and duties of the Association. The affairs of such unincorporated association will be governed by the laws of the St~te of California and, to the extent consistent therewith, by this Declaration, the Articles and the By-Laws of the Association as if they were created for the purpose of governing the affairs of an unincorporated association. Section 2. Member ship: The owner of a Lot shall autom atically, upon taking title to a Lot, be a member of the Association and shall remain a member thereof until such time as his ownership ceases for any reason, at which time his membership in the Association will automatically cease. Membership is to be held in accordance with the Articles and By-Laws of the Association. Section 3. Transferred Membership: Membership in the Association may 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 a Lot. A mortgagee does not have membership rights until he becomes an owner by foreclosure or deed in lieu thereof. Any attempt to make a prohibited transfer is void. Section 4. Voting Classes: The Association shall have two (2) classes of voting membership: (1) Class A: Class A members shall be all owners with the exception of the Declarant, and Class A members shall be entitled to one vote for each Lot owned. When more than one person holds an ownership interest in any Lot all such persons shall be members; provided, however, that with respect to any matter requiring the vote or consent of members, no more than one vote shall be cast with respect to any Lot. The vote for such Lot shall be exercised as the members holding an interest in such lot among themselves determine. In the event of disagreement, the decision of members holding a majority of interest in such Lot shall govern. In the event two or more persons have equal interests in a Lot, the vote shall be determined by a coin flip. 7 (2) Class B: The Class B member(s) shall be the Declarant, aOnd Declarant shall be entitled to three (3) votes for each unit owned. The Class B membership shall be irreversibly converted to Class A membership on the first to occur of the following; 1. the second anniversary subdivision interest within project; of the the first conveyance of a most recent phase of the 2. the fourth anniversary subdivision interest within of the first conveyance of any the proj ecL Any action by the Association (with the exception of enforcing a bond) which must have the approval of the members other than the Declarant before being undertaken shall require the vote or written assent of fifty-one percent (51%) of each class of membership during the time that there are two outstanding classes of membership. When only a single class exists after conversion of Class B to Class A, any action by the Association which is subject to the appr9val of members other than the Declarant -shall require the vote or written assent of fifty-one percent (51%) of the total voting power of the Association as well as the vote or written assent of fifty-one percent (51%) of the total voting power of members other than the Declarant. Voting rights attr ibutable to Lot owner ship shall not be vested until assessments against the particular Lot have been levied by the assoc ia tion. Section 5. Voting Procedures and Meetings: Voting procedures and the notice, quorum requirements and location of meetings of the Association shall be as provided for in the By-Laws. Section 6. Board of Directors: The Board shall undertake all duties and responsibilities of the Association and the management and conduct of the affairs thereof, except as expressly is reserved herein to a vote of the Members. The initial Board of the Association consisting of three (3) Directors shall be appointed by Declarant. Such Board shall hold office until the first regular meeting of the members is held pursuant to the By- Law s . At sa i d me e tin g a new Bo a r d 0 f t h r e e ( 3) D ire c to r s s hall be elected by secret written ballot to serve until the next regular annual meeting of the Association members or until their successors are elected. The number of Directors may be changed by amendment of the By-Laws. 8 ARTICLE IV DUTIES AND POWERS OF THE ASSOCIATION Section 1. Duties: In addition By-Laws or elsewhere provided without limiting the generality perform the following duties: to the duties enumerated in its for in this Declaration, and thereof, the Association shall Subsection 1.1 Duties of Association With Respect to Maintenance of Common Area and Individually Owned Lots: The Association shall replace, repair and maintain the Common Area and any improvements, utilities and facilities located within the Common Area. , In add i tion, the Association shall have the following duties and obligations with respect to each owner's Lot: (a) to maintain and repair the roof, gutters, downspouts, siding and trim of each residence, and the exterior side of any fencing, except the owner and not the Association shall be responsible for maintaining and repair ing front doors and glass surfaces. The Association's maintenance and repair responsibilities shall be limited to the recaulking and repainting or restaining of the foregoing exterior surfaces and the repairing or replacing of roofing materials as often as the Board in its sole discretion considers necessary or advisable. All other maintenance and repair (including maintenance and repair of decks and patios) shall be done by and at the expense of the owner of the Lot upon which the residence is located; (b) to plant, maintain, repair and replace, as necessary, landscaping improvements including, but not limited to, grass, shrubs, plants, trees, sprinkler pipes and heads, retaining barriers and plant supports on that portion of each Lot outside the exterior border of the residence as formed by its exterior walls and attached fencing. To carry out its responsibility, the Association shall have a right and easement for access over and across, and for planting, repairing, replacing and maintaining of landscaping on that portion of each Lot as designated above, and each owner shall accept title to his Lot subject to the aforesaid rights of the Association to carry out its obligations pursuant to this Subsection or any other duties and obligations contained in this declaration or the By-laws of the Association. The owner of a Lot shall not landscape or plant within that portion of each Lot as designated above without prior written approval of the Board of Directors. 9 Subsection 1.2 Repair and Maintenance of Common Area Damaged by Pests and Organisms: The Association shall be responsible for repairing, replacing, or maintaining the Common Area, other than exclusive use common areas, with respect to any damage caused by the presence of wood-destroying pests or organisms. Each owner of a Lot shall bear the costs of any damage to his Lot or residence caused by the presence of wood-destroying pests or organisms. However, by a majority vote of all Lot owners, such responsibility may be delegated to the association which in turn may levy a special assessment to recover such costs. In the event such a vote is taken, and the Association assumes responsibility for such maintenance and repair, the following shall apply: (1) The Association may cause the temporary summary removal of any occupant of a Lot for such periods and at such times as may be necessary for prompt, effective treatment of wood-destroying pests or organisms;. and (2) The costs of temporary relocation during the repair and m a in ten an ceo f the are a s wit h in the res po n sib i 1 i t Y 0 f the Association shall be borne by the individual Lot owner; and (3) The Association shall give notice of the need to temporarily vacate a Lot to the occupants and to the owner(s), not less than fifteen (15) days nor more than thirty (30) days pr ior 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 the treatment, the anticipated date and time of termination of treatment, and that the occupants will be responsible for their own accomodations during the temporary relocation; and (4) Notice by the Association shall be deemed complete upon either personal delivery of a copy of the notice to the occupants, and sending a copy of the notice to the owners, if d iff ere n t t h ant h e 0 c cup ant s , by fir s t - c 1 ass m ail, po s tag e prepaid at the most current address shown on the books of the Association or by sending a copy of the notice to the occupants at the Lot 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. For purposes of the above sections, "occupant" means an owner, resident, guest, invitee, tenant, lessee, sublessee, or other person in possession of the Lot residence. 10 Subsection 1.3 Insurance: The Association (or Declarant u'ntil the election of the first Board) shall purchase and maintain certain insurance policies and the following shall apply with respect to insurance: (a) The Association shall purchase and maintain a master blanket comprehensive liability bodily injury and property damage policy insuring the interests of the Board and the Owners against public liability as a result of their ownership of the common area with a combined single limit of not less than One Million Dollars ($1,000,000.00) per occurrence (such limits and coverage shall be rev iewed at least annually by the Board and increased at its discretion). Such policy shall be maintained with respect to the common area and the structures, if any, owned in common by the Owners. Such policy shall provide for a cross liability endorsement wherein the rights of the named insured under the policy or policies shall not be prejudiced as respects his action against another named insured. Such policy or policies shall also contain a provision requiring the insurer to defend any suit against .any insured, even if the allegations are fraudulent, but authorizing the insurer to make such investigation and settlement of any claim or suit within the policy limits as it deems expedient. Such liability insurance shall not cover the personal bodily injury and property damage exposure of the individual Owner within his lot or in any other lot in the development or upon any common area resulting from the negligence of the Owner. Obtaining such insurance coverage by each Owner is optional; (b) The Association shall purchase and maintain a policy of insurance covering residence buildings and all buildings, structures, furnishings, equipment and personal property owned in common by the Owners, if any, or by the Association for the interests of the Owners, and all the Owners and mortgagees, as their interests may appear in an amount that shall be at least e qua 1 to 0 n e h un d red pe r c e n t ( 1 0 0 % ) 0 f the full ins u r a b 1 e replacement value of all of them against the perils covered by California Standard Fire Policy, Extended Coverage Endorsement (or its equivalent). Such policy shall name as insureds Declarant, the Association, all Owners and mortgagees to the extent of their insurable interests, if any; first mortgagees of residences shall be entitled to ten (10) days prior notice of cancellation of such policies. Such insurance shall not cover personal household contents; (c) Workers' Compensation Insurance shall at all times be carried as required by law with respect to the employees, if any, of the Association; (d) The Association shall purchase and maintain a fidelity bond or insurance covering loss or theft of funds, naming the Manager and such other persons as may be designated by Declarant as principals and the Owners as obligees in an amount equal to at least the sum of three months' assessments on all lots within the project. Separate bank accounts should be maintained for the 11 working account and reserve account, or any management company must maintain separate records and bank accounts for each owners' association that uses its services and the management company does not have the authority to draw checks on, or to transfer funds from, the owners' association, or two members of the Board must sign any checks written on the reserve account; (e) No Owner shall separately insure his residence or any of the improvements to the Common Area against loss by fire or other casualty covered by the insurance maintained by the Board, pursuant to the above. Should any Owner violate this provision, any diminution of insurance proceeds resulting from the existence of such separately carried insurance shall be chargeable to the Owner and may be charged by the Board against his lot. Notwithstanding the foregoing, the Owner may carry separate insurance against loss by fire and other casualty to the contents of his residence and any improvements to his residence installed by Owner or his predecessor in interest which were not included in the original construction plan of the building in which the residence is locatep (including improvements specifically ordered by Owner or his predecessor in interest in contracting for the purchase of a residence), and may carry separate insurance covering any loss not covered by such insurance maintained by the Board, such as rental value insurance and other casualties not insured against in the master policy or policies. All separate insurance carried by any Owner shall contain a waiver of subrogation rights as to claims against a person who is an insured under the policy or a member of Owner's household who is not himself insured. At the request of any Owner, the Board shall cause any insurance coverage which may be separately carried by the Owner pursuant to the foregoing provisions to be added to the coverage provided under one or more of the master policies, provided that the addition of such coverage for the benefit of the Owner is permitted by underwriting rules of the insurer and such addition of coverage in no way prejudices the protection provided by such master policy or policies to the other person or entities insured thereby. The premium for such added coverage shall be paid by the Owner requesting the same and may be assessed to such Owner if not promptly paid upon the Board's written demand; (f) Should the Board, despite its reasonable efforts to do so, be unable to obtain insurance coverage meeting all of the specifications set forth above, it shall observe such specifications as closely as possible, and where forms of coverage or insuring agreement specified above are unavailable, the Board shall substitute available forms of coverage and insuring agreements which in its judgment are the nearest equivalent to those specified; ( g) Pro c e e d s 0 fall ins u ran c e po 1 i c i e sow n e d by the Association shall be received by the Association, held in a separate account and distributed to the Association and the Owners and their mortgagees subject to the provisions of these Restrictions, as their interest may appear; provided, however, 12 whenever repair or reconstruction is required the proceeds of any fnsurance received by the Association as a result of any loss shall be applied to such repair or reconstruction. Upon the vote or written assent of a majority of the voting power of the Association residing in members other than Declarant, the Board shall levy a special assessment against all Owners to make up for any deficiency in making necessary repairs or reconstruction; ( h) E a c hOw n e r s hall bed e em ed to a p po in t the Ass 0 cia t ion as his true and lawful attorney-in-fact to act in connection with all matters concerning the maintenance of the Master Policy. without limitation on the generality of the foregoing, the Association as said attorney shall have full power and authority to purchase and maintain such insurance, to collect and remit the premiums therefor, to collect proceeds and to distribute the same to the Association, the Owners and their respective mortgagees (subject to the provisions of these Restrictions) as their interests may appear, to execute releases of liability and to execute documents and to do all things on behalf of the Owners as shall be necessary or convenient to the accomplishment of the foregoing; and any insurer may deal exclusively with the Association in regard to such matters. The Association shall not be res pon sible for proc ur emen t or ma in tenance 0 f any ins ur ance covering the contents or the interior of any residence nor the liability of any Owner for occurrences therein not caused by or connected with the Association's operation, maintenance, or use of the common area. Subsection 1.4 Discharge of Liens. The Association shall discharge by payment, if necessary, any lien against the common area, and charge the cost thereof to the member or members responsible for the existence of said lien. Prior to any Board decision to discharge a lien, the Owner shall be given written notice and an opportunity for a hearing before the Board in order to present any defenses which may exist. Subsection 1.5 Assessments The Association shall fix, collect and enforce assessments as set forth in Article V hereof. Subsection 1.6 Payment of Expenses: 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. Subsection 1.7 Enforcement: The Association shall enforce this Declaration, the By-laws, and the Articles of Incorporation. Subsection 1.8 Budget and Annual Report: Regardless of the number of members or the amount of assets of the Association, the Board shall prepare and main ta in books,f inanc ial sta tern en ts, etc. in accordance with the provision of the By-laws. 13 Section 2. Powers: In addition to the powers enumerated in its Articles and By-Laws, or elsewhere provided for herein, and without limiting the generality thereof, the Association shall have the folIo wing po wers: Subsection 2.1 Easements: The Association shall have authority to grant easements where necessary for utilities and sewer facilities over the Common Area(s) to serve the Common Area(s) and the Lots. Subsection 2.2 Access: The Board and its agents or employees shall have the exclusive right to enter a Lot as necessary in connection with construction, maintenance or emergency repair for the benefit of the common area or owners in common. Except in case of emergency, forty-eight (48) hours notice shall be given to the Owner or occupant. Subsection 2.3 Manager: The Association shall have the authority to employ a manager or other persons and to hire independent contraqtors or employees to perform all or any part of the duties and responsibilities of the Association, provided that any contract with a firm or person appointed as a manager or managing agent, or any contract providing for services by the developer, sponsor or builder, shall not exceed a one (1) year term, shall provide for termination by either party without cause on ninety (90) days written notice, and shall provide for the right of the Association to terminate the same for cause on thirty (30) days written notice. Subsection 2.4 Association Rules: The Board may, from time to time, and subject to the provisions of this Declaration, adopt such Rules as the Board may deem necessary for the management of the Project in accordance with the provisions of the By-laws. A copy of the Rules so adopted shall be furnished to each Owner, and each Owner, his family, guests, employees, invitees, licensees and tenants shall comply with such Rules. Subsection 2.5 Enforcement of Rules and Restrictions: The Board shall have the power,obligation and duty to enforce the provisions of this Declaration, the By-Laws and the Rules. In the event of a breach of any of the restrictions contained in this Declaration or of any Rules by an Owner, his family, guests, employees, invitees, licensees or tenants, the Board may enforce the obligations of each Owner to obey such Rules or restrictions in any manner provided by law or in equity, including but not limited to, appropriate legal action, suspension of the Owner's voting right and right to use the common facilities of the project; provided, however, such suspension may not be for a period in excess of thirty (30) days, and may not be imposed without notice and hearing as herein provided, for an infraction of such Rules. In addition to the other remedies herein set forth, the Board, by majority vote, may levy a fine against such Owner, after appropr ia te notice and hear ing as herein prov ided. The right to levy fines, hold disciplinary hearings or otherwise 14 impose discipline on members under this section is vested solely fn the Board and may not be delegated to any Director, officer, or manager or other employees of the Board or Declarant. Prior to making any decision that a breach has occurred or to impose any penalty provided herein for breach of any Rules enacted hereunder or restr ictions in this Declaration, the Board shall send written notice, at least fifteen (15) days prior to any discipline to be imposed, which contains the reasons for the imposition of possible discipline, to the Lot Owner specifying the nature of the infraction and provide an opportunity to the Lot Owner for a hear ing before the Board not less than five (5) days before the effective date of the imposition of any discipline. In the event that the Board determines that an infraction has occurred and that a penalty shall be imposed, the determination of the Board shall be final. Notwithstanding anything to the contrary in this Declaration, ne i ther the Board nor the Association of Member s shall have the po we r to c a use a f 0 ~ f e i t u reo r a b rid gem en t 0 fan 0 w n e r' sri g h t to the full use and enjoyment of his individually owned Lot including access thereto over and across the Common Area, because of such Owner's failure to comply with the provisions of this Declaration or of the By-Laws or any Rules adopted by the Association except when such loss or forfeiture is the result of a judgment of a court, a decision out of arbitration or on account of a foreclosure, or under the power of sale granted herein for failure of the Owner to pay the assessments levied pursuant to the provisions of this Declaration. In the event legal action is instituted by the Board pursuant to this section, any judgment rendered in any such action shall include costs of collection, court costs and reasonable attorneys' fees. A monetary penalty imposed by the Association as a disciplinary measure for failure of a member to comply with the governing instruments or as a means of reimbursing the Association for costs incurred by the Association in the repair of damage to common areas and facilities for which the member was allegedly responsible or in bringing the member and his lot into compliance with this Declaration may not be characterized nor treated in the governing instruments as an assessment which may become a lien against the member's lot enforceable by a sale of the lot. The provisions of the above paragraph do not apply to charges imposed against an owner consisting of reasonable late payment penalties for delinquent assessments and/or charges to reimburse the Association for the loss of interest and for costs reasonably incurred (including attorneys' fees) in its efforts to collect delinquent assessments. Subsection 2.6 Acquisition of Property: The Association shall have the po wer to acquire (by gift, purchase or other wi se) , 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 15 Association. However, except with the vote or written assent of a" m a j 0 r i t Y 0 f the v 0 t i ng po we r 0 f the Ass 0 cia t ion res i ding in members other than the Declarant, the Board is prohibited from (1) incurring aggregate expenditures for capital improvements to the common area in any fiscal year in excess of five percent (5%) of the budgeted gross expenses of the Association for that fiscal year and (2) selling during any fiscal year property of the Association having an aggregate fair market value greater than five percent (5%) of the budgeted gross expenses of the Association for that fiscal year. Subsection 2.7 Loans: The Association shall have the power to borrow money and, with the vote or written consent of three- fourths (3/4) of each class of members, to mortgage, pledge, deed in t r us t, 0 r hypo the cat e any 0 r all 0 fit s rea lor per son a 1 property as security for money borrowed or debts incurred. Subsection 2.8 Dedication: The Association shall have the power to dedicate, sell or transfer all or any part of the common area to any publtc 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 has been signed by three-fourths (3/4) of each class of members, other than the Declarant or three-fourths (3/4) of the total voting membership other than Declarant after conversion to a single class of members, agreeing to such dedication, sale or transfer. Subsection 2.9 Contracts: The Association shall have the power to contract for goods and/or services for the Common Area(s), for the common facilities or interests of the owners or for the Association, subject to limitations elsewhere set forth in this Declaration or the By-laws. Subsection 2.10 Delegation: The Association shall have the po we r to del e gat e its aut h 0 r i t Y a nd po we r s to com m i t tee s , officers or employees of the Association. However, the authority to levy fines, hold hearings, impose discipline, make capital expenditures, file suit on behalf of the Association, record a claim of lien or institute foreclosure proceedings for failure to pay assessments, may not be delegated to an officer, employee or committee. Subsection 2.11 Power of Attorney: Each owner, for himself, his successors and assigns, shall be deemed upon purchasing his Lot to have appointed the officers of the Association, or any of them, as his true and lawful attorney, in his name, place and stead, to prosecute, settle and/or release any claims arising out of the owners' acquisition and/or joint ownership of the common areas of the project. Such power shall be utilized only upon express authorization of the Board given by resolution adopted by the Board at a meeting for which all members are given advance written notice specifying the nature of the proposed action for which the power of attorney is to be uti 1 i zed . 16 ARTICLE V ASSESSMENTS Section I Covenants for Maintenance Assessments: Declarant hereby covenants and agrees for each Lot owned by it within the Project, and each Owner of any Lot by acceptance of a deed is deemed to covenant and agree, to pay to the Association the assessments levied pursuant to this Article. Declarant and each Owner thereby vest in the Association the right to bring all actions for the collection of such charges and for the enforcement of the lien created hereby. Such right remains with the Association and such obligations run with the land so that each successive Owner or Owners of record of a Lot in the Project will become liable to pay all assessments which become a lien during the time tney are the record Owner of any Lot in the Project. Each assessment levied by the Association under this Article constitutes a separate assessment. Each assessment, together with interest thereon, costs of collection and reasonable attorneys' fees, will be a charge on the Lot and be a lien upon the Lot against which each such assessment is made. The Association, as the agent of all Lot Owners, has a separate lien, and a separate lien with power of sale is hereby created, upon each Lot against which an assessment is made to secure the payment of any assessments under this Article. Each such lien for any particular month's charge will also secure interest thereon, if the same is not paid when due, and costs of suit and reasonable attorneys' fees to be fixed by the court if action or suit is brought to collect such charge. The priority of all such liens shall be in inverse order so that upon foreclosure of the lien for a particular month's charge, any foreclosure sale pursuant thereto will be made subject to all liens securing the respective monthly charge on such Lot for succeeding months. Each assessment, together with interest, attorneys' fees and costs of collection, shall also be a separate, distinct and personal obligation (debt) of the Owner of the Lot at the time when the assessment is levied. The personal obligation for delinquent assessments will not pass to a Lot Owner's successor in title unless expressly assumed by such successor, but the lien for such delinquent assessment shall remain and, if unpaid by such successive Lot Owner, may be foreclosed as provided in this Declaration. After a record Owner transfers record ti tIe to his Lot he will not be liable for any charge thereafter assessed against such Lot. A contract seller of any Lot will continue to be liable for all such charges until a conveyance by him of the Lot subject to the assessment is recorded in the Office of the San ta Clara Coun ty Recorder. 17 Section 2 Regular Monthly Assessments: The Board shall istablish regular monthly assessments for operation and maintenance of the Project by the procedures established in this Section. The assessments shall be due and payable in monthly installments on the first day of each month commencing on the first day of the first month following conveyance of the first Lot. Regular assessments shall be levied equally against all Lots. The Association shall not impose or collect an assessment or fee that exceeds the amount necessary to defray the costs for which it is levied. The Association shall provide notice by first-class mail to the Lot owners of any increase in regular assessments of the Association, not less than thirty (30) nor more than sixty (60) days prior to the increased assessment becoming due. Not wi thstand ing the above parag raph, the Declaran t and any other owner of a subdivision interest may defer that portion of assessments due which are directly attributable to residential structures (including but not limited to roof replacement, exterior maintenance, walkway and carport lighting, refuse disposal, cable television, and domestic water supplied to living units) until the earliest to occur of the following: (1) A notice of completion of the structural improvements has been recorded; or (2) Occupancy or use of the residence has been established; or (3) Completion of all elements of the residences which the Association is obliged to maintain has been accomplished. Declarant and any other owner of a subdivision interest may defer the payment of any portion of assessments which is for the purpose of defraying expenses and reserves directly attributable to the existence and use of a common facility that is not complete at the time assessments commence, until the first to occur of the following: (1) A notice of completion of the common facility has been recorded; or (2) The common facility has been placed into use. Not less than sixty (60) days prior to the beginning of each fiscal year, the Board shall estimate the total charges to be paid out of the maintenance fund during such year (including a reasonable reserve for contingencies) and distribute a copy of a pro forma operating statement (budget) to each member. All funds budgeted, allocated, assessed and collected for deferred maintenance and capital improvements shall be designated and used solely for those specific purposes. The Board may not impose a regular assessment that is more than twenty percent (20%) greater than the regular assessment for the Association's preceding fiscal year or impose special assessments which in the aggregate exceed five percent (5%) of the budgeted gross expenses of the Association for that fiscal year without 18 the v 0 t e 0 r w r i t ten ass e n t 0 f a m a j 0 r i t Y 0 f the v 0 tin g po we r 0 f ~he Association residing in members other than the Declarant. The above paragraph does not limit assessment increases necessary for emergency situations, which are defined as extraordinary expenses: (1) required by an order of a court; or (2) necessary to repair or maintain the Project or its Common Area(s) where a threat to personal safety within the Project is discovered; or (3) necessary to repair or maintain the Project or its Common Area(s) that could not have been reasonably foreseen by the Board in preparing and distributing its pro forma operating budget pursuant to the By-laws of the Association. However, prior to the imposition or collection of an assessment under this subsection (3), the Board shall pass a resolution containing written findings as to the necessity of the extraordinary expense involved and why the expense was not or could not have been foreseen in the budgeting process, and the resolution shall be distributed to the ~embers with the notice of assessment. Within one hundred and twenty (120) days after the end of each fiscal year, the owners shall receive an accounting of assessment receipts and disbursements for that fiscal year. Section 3 Special Assessments: In addition to the regular assessments authorized herein, the Board may levy, in any fiscal year, a special assessment applicable to that year for capital improvements, correction of inadequacy of the maintenance fund, defraying, in whole or in part, the cost of any construction or unexpec ted repa ir or replacemen t of improvem en ts in the common area and such other matters as the Board may deem appropriate; provided, however, that in any fiscal year the Board may not, impose special assessments which in the aggregate exceed five percent (5%) of the budgeted gross expenses for that fiscal year without the vote or written assent of a majority of the voting power of the Association residing in members other than the Declarant. This section does not limit assessment increases necessary for "emergency situations" as defined in Section 2 of this Article. Any such special assessment shall be levied among all Lots in the same proportion as regular assessments are levied. The Association shall provide notice by first-class mail to the Lot owners of any special assessment of the Association, not less than thirty (30) nor more than sixty (60) days prior to the special assessment becoming due. Section 4 Reimbursement Charges: The Board shall levy a reimbursement charge against any Owner and the Lot owned by such Owner whose failure to comply with this Declaration, the By-Laws or the Rules has necessitated an expenditure of monies by the Association from the maintenance fund to bring such Owner and Lot into compliance with said instruments or in otherwise performing its functions under this Declaration. Such charge shall be for the purpose of reimbursing the Association and shall be due and payable to the Association when levied. 19 Section 5 Non-Waiver of Assessments: The om ission by the Board, before the expiration of any year, to fix the assessments for that or the next year shall not be deemed a waiver or modification in any respect of the provisions of this Declaration or a release of any Lot Owner from the obligations to pay the assessments, or any installment thereof, for that or any subsequent year. In the instance of such omission, the assessment fixed for the preceding year shall continue until a new assessment is fixed. No Lot Owner may waive or otherwise escape liability for the assessments provided for herein by non- use of the common area, abandonment of the Lot or any attempt to renounce rights in the common area. Section 6 Enforcement: Each Owner of a Lot, upon becoming such Owner, shall be deemed to covenant and agree to pay to the Association every assessment provided for in this Declaration and shall be deemed to agree to the enforcement of all such assessments in the manner specified herein. Any imposition of a late charge levied by the Association for the delinquent payment of regular and special assessments to defray expenses and "enforcement" assessments or penalties imposed upon an Owner for failure to comply with this Declaration, the By-laws, or Rules, shall be subject to the provisions of the California Civil Code Sections 1366-67. In the event an attorney is employed for collection of any assessment or to enforce compliance with the term sand cond i tions of thi s Declar a tion, each Lot Owner ag rees to pay reasonable attorneys' fees and any other costs thereby incurred, in addition to any other amounts due or any other relief or remedy to which the Association is entitled. Any assessment not paid when due will be deemed to be delinquent. Any assessment not paid within thirty (30) days after the date on which it becomes due shall thereafter earn interest from the date of delinquency at the maximum rate permitted by Civil Code Section 1366 (c) 3. In addition to any other remedies herein or by law provided, the Association, or its authorized representative, may enforce the obligations of the Owners to pay the assessments provided for in this Declaration, and each of them, in any manner provided by law or in equity, by either or both of the following procedures. Subsection 6.1 Enforcement by Suit: The Association may commence and maintain a suit at law against any Lot Owner or Owners personally obligated to pay assessments for such delinquent assessments and such suit will be maintained in the name of the Association. Any judgment rendered in any such action shall include the amount of the delinquency, together with interest thereon, costs of collection, court costs and reasonable attorneys' fees in such amount as the court may adjudge against the delinquent Lot Owner. Suit to recover judgment for unpaid assessments shall be maintainable without foreclosing or waiving the lien provided for in the following Subsection. The Association may not recover more than once in connection with a single delinquent assessment. 20 Subsection 6.2 Enforcement by Lien: The amount of any a"ssessment levied pursuant to this Declaration, plus any costs of collection, late charges, and interest thereon, shall be a lien on an owner's Lot from and after the time the Association causes a Notice of Delinquent Assessment, containing the name and address of the trustee for foreclosure of the lien and signed by the Board or its designated representative (or any Lot Owner if the Board fails or refuses to act), to be recorded with the County Recorder of Santa Clara County. No action shall be brought to foreclose the lien securing an unpaid assessment until the Notice of Delinquent Assessment has been delivered to the Owner of the Lot subject to such assessment and notice recorded in the Office of the Santa Clara County Recorder. Said notice shall state the amount of the assessment together with the interest, costs and reasonable attorneys' fees, a description of the Lot against which the assessment has been made and the name or names of the record Owner or Owners thereof. After the expiration of thirty (30) days from the date such Notice of Delinque~t Assessment has been recorded, an action may be commenced in the name of the Association to foreclose the lien, or such action may be commenced by any Owner if the Association fails or refuses to act. Upon the declaration of an assessment and the recording of notice thereof, the Association may, at its option, declare the entire balance of all sums then due from the Owner due and payable, which total sum may then be included in any suit, action or proceeding brought to collect said sum, including all costs, charges and attorneys' fees. Notwithstanding anything contained in this Declaration to the contrary, compliance must be made with Civil Code Sections 1366- 67, and no action may be brought to foreclose the lien created hereunder, whether judicially, by power of sale or otherwise, until the expiration of ten (10) days after a copy of said Notice of Delinquent Assessment, showing the date of recordation thereof, has been mailed to the Owner of the Lot which is descr ibed in such Notice. Each Owner does hereby waive, to the extent of any liens created pursuant to the Declaration, whether such liens are now in existence or are created at any time in the future, the benefit of any homestead or exemption laws of the State of California now in effect, or in effect in the future. Section 7 Power of Foreclosure and Sale: Each of the Lot Owners does hereby appoint the Association, as trustee, to enforce any lien created pursuant to this Declaration and to foreclose such lien by means of any available current California statute, as such statutes may be revised, amended or altered from time to time, or by judicial foreclosure, and does further grant the Association, as such trustee, the power to sell the Lot of any such defaulting Owner, or any part thereof, for lawful money of the United States, to the hi~hest bidder to satisfy such lien. The lien provided for herein shall be in favor of the Association, shall be for the benefit of all Lot Owners and shall 21 secure payment of all sums set forth in the Notice of Delinquent Assessment together with all sums becoming due and payable in accordance with this Declaration after the date of recordation of said Notice of Assessment. The Association shall have the power to bid at any foreclosure sale and to purchase, acquire, hold, lease, mortgage and convey any Lot. In the event such foreclosure is by action in court, reasonable attorneys' fees, court costs, title search fees, interest and all other costs and expenses shall be allowed to the extent permitted by law. Section 8 Transfer of Lot by Sale or Foreclosure: Sale or transfer of any Lot shall not affect the assessment lien. However, the sale of any Lot pursuant to mortgage foreclosure shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer (except for assessment liens recorded pr ior to the mortgage). No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. Where the mortgagee of a first mortage of record or other purchaser of a Lot obtains title to the same as a result of foreclosure of any such first mortgage, such acquirer of title, his successors and assigns, shall not be liable for the share of the common expenses or assessments by the Association chargeable to such Lot which became due prior to the acquisitions of title to such Lot by such acquirer (except for assessment liens recorded pr ior to the mortgage). No amendment of the preced ing sentence may be made without the consent of institutional lenders in accordance with the provisions of Article IX of this Declaration. Such unpaid share of common expenses or assessments shall be deemed to be common expenses collectible from all of the Lots including such acquirer, his successors and assigns. Any grantee shall be entitled to a statement from the Association, setting forth the amount of the unpaid assessments against the grantor due the Association and such grantee shall not be liable for, any unpaid assessments made by the Association against the grantor in excess of the amount set forth in the statement prov ided however, the grantee shall be liable for any such assessment becoming due after the date of any such sta tement. Section 9 Re1ease of Lien: Upon payment of the delinquent assessment or the satisfaction thereof, the Association shall record, in the same manner as the Notice of Assessment, a further certificate stating the satisfaction and release of the lien. Section 10 Status of Assessment Lien: Upon request by any Lot Owner, the Association will furnish, for the benefit of any prospective purchaser or present or prospective encumbrancer of such Lot a statement showing all amounts then due which are secured by such lien. A reasonable fee, not to exceed Fifty Dollars ($50.00), may be charged for the preparation of such statement. 22 ~ection 11 Subordination of Lien to Encumbrance: Notwithstanding any provision to the contrary in this Declaration, the lien for assessments created by this Declaration shall be subject and subordinate to and shall not affect the rights of the holder of any recorded first mortgage or first deed of trust upon such Lot made in good faith and for value. In the event any lien imposed under the provisions hereof is extinguished by reason of the foreclosure of any mortgage or deed of trust on the Lot subject to such lien, and there is a surplus in such foreclosure, there shall be a lien on such surplus in order to secure all assessments, whether regular or special, charged to such Lot after the date of such foreclosure sale, which lien shall have the same effect and be enforced in the same manner as provided herein. For purposes of this Section, a mortgage or deed of trust may be given in good faith or for value even though the mortgagee or the beneficiary of suc~ mortgage or deed of trust has constructive or actual knowledge of the assessment lien provisions of this Declar a tion. No amendment of this Section shall affect the rights of the holder of any mortgage or deed of trust recorded prior to recordation of such amendment unless the mortgagee or beneficiary joins in the execution of such amendment. Section 12 Association Funds: The assessments collected by the Association shall be held by the Association for and on behalf of each Lot Owner and shall be used solely for the operation, care and maintenance of the Project as provided in this Declaration. The Board shall allocate a portion of said funds as collected for the annual maintenance and operation of the Project as specified in the annual budget and the Board shall allocate a portion of said funds as collected as reserves for contingencies, replacement and deferred maintenance of the capital improvements of the Project as specified in the annual budget. Said funds shall be deposited, as allocated, into the appropriate bank accounts and said accounts shall be separately maintained by the Association. Upon sale or transfer of any lot by any Owner, the Owner's interest in the funds shall be deemed automatically transferred to the successor or transferee of such Owner. In the event that the Board retains a professional management service, the Board may delegate the authority to deposit or withdraw funds to responsible representatives of the professional management agent so retained. The professional management agent may additionally be authorized to establish a common trustee account for deposit of assessments as collected. Any funds deposited in such a common trustee account shall be allocated as previously specified herein. 23 Section 13 Books of Account: The Board shall maintain full, complete and correct books of account of the operation of the Project and vouchers supporting expenditures. Any Lot Owner, or the duly authorized representative thereof, may at any time and at his own expense cause an audit or inspection to be made of the books and records of the Association. ARTICLE VI EASEMENTS Section 1 Generally: There are hereby specifically reserved for the benefit of the Lots and Lot Owners, in common and for each Lot and Lot Owner severally, and for the Association, as their respective interests apply, the easements and rights-of-way as particularly identified in this Article. Section 2 Easements for Utilities and Maintenance: The rights and duties of the owners of Lots within the Project with respect to sanitary sewer, drainage, water, electricity, heating, air- conditioning, gas, telephone, cable television lines, connections and/or facilities, shall be as follows: (a) Whenever sanitary sewer, drainage, water, electricity, heating, air-conditioning, gas, telephone, cable television lines, connections and/or facilities, are installed within or upon any Lots owned by other than the owner of a Lot served by said connections, the owners of any Lot served by said lines, connections and/or facilities shall have the right, and are hereby granted a non-exclusive easement to the full extent necessary therefore, to enter upon the Lot to repair, replace and generally maintain said lines, connections and/or facilities as and when necessary. (b) Whenever sanitary sewer, drainage, water, electricity, heating, air-conditioning, gas, telephone, cable television lines, connections and/or facilities, are installed within the property which connections serve more than one Lot the owner of each Lot served by said connection shall be enti tled to the full use and enjoyment of such portions of said connections as service his Lo t. (c) In the event of a dispute between owners with respect to the repair or rebuilding of said connections, or with respect to the sharing of the cost thereof, then upon written request of one of such owners addressed to the Association, the matter shall be submitted to the Board of Directors who shall decide the dispute, and the decision of the Board shall be final and conclusive on the parties. 24 (d) Easements over and under the property for the installation, repair, and maintenance of sanitary sewer, drainage, water, electricity, heating, air-conditioning, gas, telephone, cable television lines, connections and/or facilities, are hereby reserved by Declarant and its successors and assigns, including the Association. Following the sale of the first unit, the Declarant and its successors and assigns shall only have those powers which result from its voting rights. Section 3 Ingress and Egress: There is hereby reserved to each Lot, as dominant tenement, a non-exclusive easement appurtenant to each Lot over and across the Common Area, as servient tenement, for ingress, egress, use and enjoyment of said Common Area subject to the limitations provided in this Declaration. Section 4 Encroachment Easements: 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 minor encroachment due to engineering errors, 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 wilful misconduct of said owner or owners. In the event a structure is partially or totally destroyed, and then repaired or r e b u i 1 t, the 0 w n e r s 0 f e a c h Lo tag r e e t hat m in 0 r en c r 0 a c h men t s over adjoining lots or common area shall be permitted and that there shall be valid easements for the maintenance of said encroachments so long as they shall exist. 25 ARTICLE VII USE RESTRICTIONS In addition to all of the covenants contained herein, the use of the property and each Lot therein is subject to the following: Section I Lot Use: Residents shall be limited as follows: No Lot shall be occupied and used except for residential purposes by the owners and their family members, tenants, and social guests, and no trade or business shall be conducted therein, except that Declarant, his successors or assigns, may use any Lot owned by Declarant for a model home site and display and sales office until the last Lot is sold by Declarant. No tent, shack, trailer, basement, garage, outbuilding or structure of a temporary character shall be used at any time as a residence, either temporarily pr permanently. Section 2 Nuisances: No noxious, illegal, or offensive activities shall be carried on in any Lot or residence nor on any part of the property, nor shall anything be done thereon which may be or may become an anno yance or a n ui sance to or wh ich may in any way interfere with the quiet enjoyment of each of the owners of his respective Lot or which shall in any way increase the rate of insurance for the project, or cause any insurance policy to be cancelled or to cause a refusal to renew a policy, or which will impair the structural integrity of any building. Section 3 Vehicle Restrictions: No trailer, camper, mobile home, commercial vehicle, truck (other than standard size pickup truck), inoperable automobile, boat or similar equipment shall be permitted to remain upon any area within the Project unless within an enclosed garage or hidden from view from the common area. Commercial vehicles shall not include sedans or standard size pickup trucks which are used both for business and personal use, provided that any signs or markings of a commercial nature on such vehicles are unobtrusive and inoffensive as determined by the Board. No noisy or smoky vehicles shall be operated on the property. No off-road unlicensed motor vehicles shall be operated upon the property. Section 4 Signs: No signs shall be displayed to public view on any Lots or on any portion of the property except such signs as are approved by the Board. "For Sale" or "For Rent" signs shall be allowed provided they do not exceed six (6) square feet in size. Section 5 Animals: No animals or birds of any kind, shall be raised, bred, or kept in any Lot or on any portion of the Project except that no more than two (2) usual and ordinary household pets such as a dog, cat, bird, etc., may be kept so long as they are not kept for any commercial purpose, and 26 provided they are kept under reasonable control at all times. No pet may be kept on the property which results in a nuisance as prohibited in Section 2 of this Article. No pets shall be allowed in the Common Area except as may be permitted by rules of the Board. No dog shall enter the common area except while on a leash which is held by a person capable of controlling it. Declarant or any owner may cause any unleashed dog found within the Common Area to be removed to a pound or animal shelter under the jurisdiction of the City of Campbell and/or the County of Santa Clara. No dog whose barking disturbs other owners shall be permitted to remain on the property. Owners shall prevent their pets from soiling any portion of the Common Area. Prior to any decision by the Board pursuant to this section that an Owner is responsible for the maintenance of a nuisance or any decision to remove a pet from the Project, the Owner shall be provided with written notice specifying the nature of the infraction and an opportunity for a hearing before the Board. The remedies for an alleged nuisance shall not include any measures which may,be characterized as "private self-help action" and any Board action in connection with this section shall be in compliance with the provisions of Article IV, section 2.5 of this Declaration. Section 6 Garbage and Refuse Disposal: All rubbish, trash and garbage shall be regularly removed from the Project, and shall not be allowed to accumulate thereon. Trash, garbage and other waste shall not be kept except in sanitary containers. Section 7 Satellite Dishes, Radio and Television Antennas: No alteration to or modification of the central satellite dish, television antenna system or any subsequent cable or other system for television reception as maintained by the Association, if any, shall be permitted. No owner shall be permitted to construct and/or operate his own external satellite dish, radio and/or tel e vis ion ant en n a w h i chi n t e r fer e s wit h any 0 the r La tOw n e r ' s phone, television and/or radio reception. .In the event of a disagreement between Lot owners, the matter shall be submitted to the Board which shall make a final decision. Section 8 Right To Lease: The Lots shall not be rented for transient or hotel purposes, which shall be defined as (a) rental for any period less than thirty (30) days, or (b) any rental if the occupants of the Lot are provided customary hotel service such as room service for food and beverage, maid service, or furnishing laundry and linen. Subject to the foregoing restrictions, the owners of the Lot shall have the absolute right to lease same provided that any lease shall be subject to the covenants, conditions, restrictions, limitations and uses contained in this Declaration and the Articles and By-Laws. Section 9 Clothes Lines: No exterior clothes lines shall be erected or maintained and there shall be no outside laundering or drying of clothes, without the approval of the Board. 27 Section 10 Power Equipment and Car Maintenance: No major power equipment, hobby shops, or car maintenance (other than emergency work) shall be permitted within the Project which unreasonably causes disruption to any Lot Owner. In the event of a dispute between Lot Owners, the decision of the Board shall be final. In reaching a final decision, the Board shall consider the effects of noise, air pollution, dirt or grease, fire hazard, interference with radio, television or phone reception, and similar objections. Section 11 Liability of Owners for Damage to Common Area: The owner of each Lot shall be liable to the Association for all damages to the common area or improvements thereon caused by such owner or any occupant of his Lot or guest, except for that po r t ion 0 f sa i d dam age, i f an y , full Y co v ere d by ins u r an c e . Liability of an owner shall be established only after notice to the owner and a hearing before the Board. Section 12 Drapes: All drapes or curtains visible from the street or Common Area shaLl be white or off-white. Section 13 Drainage: There shall be no interference with the established drainage pattern over any Lot within the project, unless an adequate alternative provision is made for proper drainage and is first approved in writing by the Architectural Committee. For the purposes hereof, "established drainage" is d e fin e d a s the d r a i nag e w h i c hex i s t sat the t i met hat s u c h Lo tis conveyed to a purchaser from Declarant, or that which is shown on any plans approved by the Architectural Committee or the Board, and which may include drainage from the Common Area over any Lot or Lots within the project. Each Owner shall have the responsibility to keep clear from rubbish and debris all catch basins which are located on the Lots unless such responsibil i ty is assumed by the Association. Section 14 Hazardous Materials: There shall be no storage of any hazardous material, including but not limited to, flammable, corrosive and poisonous material, within any portion of the Project. 28 ARTICLE VIII ARCHITECTURAL CONTROL Section 1 Committee Approval Required: Any Owner who wishes to make any alteration or addition which will affect the exterior of his Residence or Lot is required to obtain the written approval of the Architectural Control Committee (consisting of three persons appointed by the Board or if no appointments, the Board shall be the Committee) pursuant to this Article, prior to making any such alteration or addition. Any Owner who makes an alteration or addition without the prior approval of the Board shall be deemed to be in violation of this Declaration; and the Board (or Architectural Control Committee), upon its own motion, shall notify the O~ner in writing of the non-compliance which shall specify the particulars of non-compliance and shall require the Owner to remedy the non-compliance. If the Owner fails to remedy the non-compliance, the Board shall, after thirty (30) days from the date of notification of non- compliance, provide notice and hearing to consider the Owner's continuing non-compliance. At the hearing, if the Board finds that there is no valid reason for the continuing non-compliance, the Board shall determine the estimated costs of correcting it. The Board shall then require the Owner to remedy or remove the same within a period of not more than forty-five (45) days from the date of the Board's determination. If the Owner does not comply with the Board's ruling within such period, the Board may either remove the non-complying improvement or remedy the non- compliance. The costs of such action shall be assessed against the Owner as a Reimbursement Charge pursuant to Article V of this Declaration. Section 2 Appointment, Removal and Ter. of Office: Declarant shall appoint all replacements to the Architectural Control Committee until the first anniversary of the issuance of the original Final Subdivision Public Report for the Project. Declarant shall have the right to appoint and remove a majority of the members of the Architectural Committee until such time as the Lot Owners other than Declarant own ninety percent (90%) or more of the Lots within the Project or five (5) years after the issuance of the original Final Subdivision Public Report of the Department of Real Estate for the Project, whichever occurs first. After one year from the date of issuance of the original Final Public Report for the Project, the Board shall have the right to appoint one member to the Committee. When Declarant waives or no longer has the right to appoint and remove the members of the Committee, said right shall be vested solely in the Board. All members appointed by the Board shall be Lot Owners. Exercise of the right of appointment and removal, as set 29 forth herein, shall be evidenced by the specification in the M1nutes of the Association of each new Committee member appointed and each member replaced or removed from the Architectural Control Committee. vacancies on the Architectural Control Committee, however caused, shall be filled by the Declarant or the Board, whichever then has the power to appoint members. Section 3 Duties: It shall be the duty of the Architectural Control Committee to consider and act upon such proposals or plans submitted to it pursuant to the terms of Section 5 hereof, to adopt Architectural Control Committee Rules, to perform other duties delegated to it by the Association and to carry out all other duties imposed upon it by this Declaration. Section 4 Meetings: The Architectural Control Committee shall meet from time to time as necessary to properly perform its duties hereunder. The vote or written consent of any majority of the Committee shall constitute an act by the Committee unless the unanimous decision of its members is otherwise required by this Declaration. The Gommittee shall keep and maintain a record of all actions taken by it at such meeting or otherwise. The Architectural Committee and its members shall be entitled to reimbur semen t for reasonable out-of-poc ket expenses incur red in the performance of any Architectural Control Committee function. Section 5 Application for Approval of Improvements: Any Lot Owner, except Declarant and its designated agents, proposing to perform any work of any kind whatever which requires the prior approval of the Architectural Control Committee shall apply to such Committee for approval by notifying the Architectural Control Committee of the nature of the proposed work in writing and furnishing such information as the Committee may require. Section 6 Approval: All approvals shall be in writing; provided, however, that any request for approval not rejected within sixty (60) days from the date of submission thereof to the Architectural Control Committee shall be deemed approved. Section 7 Liability: Neither the Architectural Control Committee nor any member thereof shall be liable to the Association or to any Lot Owner for any damage, loss or prejudice suffered or claimed on account of: (a) the approval or disapproval of any plans, drawings and specifications, whether or not defective, (b) the construction or performance of any work, whether or not pursuant to approved plans, drawings and specifications, (c) the development of any property within the Project, or (d) the execution and filing of an estoppel certificate, whether or not the facts therein are correct; provided, however, that such member has acted in good faith on the basis of such information as may be possessed by him. Section 8 Appeals: Decisions of the Architectural Control Committee may be appealed to the Board of Directors in writing. Such appeals must be made within ten (10) days of receipt of the decision. 30 ARTICLE IX MORTGAGEE RIGHTS AND PROTECTION Notwithstanding any other provisions of this Declaration to the contrary: Section 1 Lot with "mor tg ag e" means the sim ilar ly Mortgage Permitted: Any Lot Owner may encumber his a mortgage. For purposes of this Declaration a means a deed of trust as well; and a "mortgagee" also beneficiary under a deed of trust. A "first mort'3age" also means "a first deed of trust". Section 2 Subordination: Any lien created or claimed under the provisions of thi~ Declaration is expressly made subject and subordinate to the rights of any first mortgage that encumbers all or a portion of the Project, or any Lot made in good faith and for value, and no such lien shall in any way defeat, invalidate, or impair the obligation or priority of such first mortgage unless the mortgagee expressly subordinates his interest, in writing, to such lien. Section 3 Amendment: No amendment to this Declaration, the Articles or the By-Laws shall affect the rights of any mortgagee under any mortgage made in good faith and for value and recorded before the recordation of any such amendment unless the mortgagee either joins in the execution of the amendment or approves it in writing as a part of such amendment. Section 4 Restrictions on Certain Changes: Amendments of a material nature must be agreed to by Lot owners representing six t Y - s eve n per c en t ( 6 7 % ) 0 f the tot a 1 v 0 tin g po w e r 0 f the Association. In addition, approval must be obtained from fifty-one percent (51%) of the Eligible Mortgage Holders (as defined in Article I of this Declaration) of Lots that are subject to first mortgages. A change to any of the following would be considered as material: (a) voting rights; (b) assessments, assessment liens, or subordination of assessment liens; (c) reserves for maintenance, repair and replacement of common areas; (d) responsibility for maintenance and repairs; (e) reallocation of interests in the general or restricted common areas, or rights to their use; (f) boundaries of any Lot; (g) convertibility of Lots into common areas or vice versa; (h) expansion or contraction of the project, or the addition, annexation or withdrawal of property to or from the project; 31 (i) insurance or fidelity bonds; (j) leasing of any residences wi thin any Lots; (k) imposition of any restrictions on a Lot owner's right to sell or transfer his Lot; (1) a decision by the Association to establish self- management when professional management had been required previously by an eligible mortgage holder; (m) restoration or repair of the project (after a hazard damage or partial condemnation) in a manner other than that specified in the documents; (n) any action to terminate the legal status of the project after substantial destruction or condemnation occurs; or (0) any provisions that expressly benefit mortgage holders, insurers or guarantors. When Lot owners are considering termination of the legal status of the project for reasons other than substantial destruction or condemnation of the property, the first mortgage holders representing sixty-seven percent (67%) of the votes of the Eligible Mortgage H91ders must agree. Section 5 Right to Examine Books and Records: First mortgagees can examine the books and records of the Association at any time during normal business hours and can require the submission of financial data concerning the Association including at their request annual audited reports and operating statements as furnished to the owners to be supplied them within ninety (90) days of the end of the fiscal year. Section 6 Distribution of Insurance and Condemnation Proceeds: No Lot owner, or other party, shall have priority over any right of first mortgagees of Lots pursuant to their mortgages in case of a distribution to Lot owners of insurance proceeds or condemnation awards for losses to or a taking of Lots or any common area. Any provision to the contrary in this Declaration or in the By-Laws or other documents relating to the Project is to such extent void. All applicable fire and all physical loss or extended coverage insurance policies shall contain loss payable clauses acceptable to the affected mortgagees naming the mortgagees, as their interests may appear. Section 7 Notices to Mortgagees of Record: On any loss to any Lot covered by a mortgage, if such loss exceeds Two Thousand Five Hundred Dollars ($2500.00), or on any loss to the common area, if such loss exceeds Ten Thousand Dollars ($10,000.00), or any taking of such common areas, notice in writing of such loss or taking shall be given to each mortgagee of record. If any Owner of a Lot is in default under any provision of this Declaration, or the By-Laws, or the rules and regulations adopted by the Association, which default is not cured within thirty (30) days after written notice to such owner, the Association shall give to the mortgagee of record of such owner written notice of such default and of the fact that said thirty (30) day period has expired. Further, if any Lot and/or the common area is made the subject matter of any condemnation or eminent domain proceeding 32 or is otherwise sought to be acquired by a condemning authority, then the first mortgagee on such Lot shall be given timely written notice by the Association of such proceeding or proposed acquisition. Section 8 Effect of Breach: No breach of any provision of this Declaration shall invalidate the lien of any mortgage in good faith and for value, but all of the conditions, covenants and restrictions contained herein shall be binding on any owner whose title is derived through the foreclosure sale, trustee's sale, or other wi se . Section 9 Appearance at Meetings: Because of its financial interest in the Project, any first mortgagee or its representative may appear (but cannot vote) at meetings of the members and the Board, and may at such meetings draw attention to violations of this Declaration that have not been corrected or made the subject of remedial proceedings or assessments. Upon request, a first mortgagee shall also be given written notice of all such meetings. Section 10 Contracts Terainable: Any agreement between the Association and Declarant or between the Association and a professional manager pursuant to which the Declarant or Manager agrees to provide services shall provide for termination by either party without cause or payment of a termination fee on ninety (90) days written notice and shall have a maximum contract term of one (1) year provided that the Board can renew any such contract on a year to year basis. Section 11 Additional Rights of Institutional Lenders: Notwithstanding any provision in this Declaration to the contrary, institutional lenders shall have the following rights: A. First mortgagees of individual Lots may, jointly or separately, pay taxes or other charges which are in default and which may have become a charge against any association common property and may pay overdue premiums on hazard insurance policies, or secure new hazard insurance coverage on the lapse of a policy, for such common property and first mortgagees making such payments shall be owed immediate reimbursment therefor from the Association. Entitlement to such reimbursement shall be reflected in an agreement in favor of all first mortgagees of Lots duly executed by the Association; B. Association dues or charges shall include an adequate reserve fund for maintenance, repairs and replacement of those common area improvements that must be replaced on a periodic basis, and shall be payable in regular installments rather than by special assessments; C. 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 under a first deed of trust, will take the Lot free of any claims for unpaid 33 assessments and charges against the Lot which accrue prior to the t~me such holder acquires title to the Lot; and D. The Project governing instruments contain no provisions creating a "right of first refusal," but should any such rights be created in the future, any such right shall not impair the rights of any institutional lender to: (1) foreclose or take title to a Lot pursuant to the remedies provided in the mortgage, or (2) accept a deed (or assignment) in lieu of foreclosure in the event of a default by a mortgagor, or (3) interfere with a subsequent sale or lease of a Lot residence so acquired by the mor tg ag ee . ARTICLE X DAMAGE, DESTRUCTION OR CONDEMNATION OF COMMON AREA IMPROVEMENTS Section 1 Damage and Destruction: In the event of damage or destruction of the property of the Association, or any part thereof, it shall be the responsibility of the Association to repair or replace the same in substantial accordance with the original plans and specifications of the Project. Subsection 1.1 Insured Losses: If the damage or destruction to the Association property is an insured loss the loss shall be handled as follows: A. Minor Casualties: If the insurance proceeds initially offered or paid by the insurer do not exceed Fifty Thousand Dollars ($50,000) such insurance proceeds shall be paid to the Association in accordance with Article IV, Section 1, Subsection 1.3 of this Declaration. The Board shall then contract to repair or rebuild the damaged portions of the Association's property in substantial accordance with the original plans and specifications of the Project, obtain bids in accordance with the following paragraphs, and the insurance funds held by the Association shall be used for such reconstruction. B. Major Casualty: If the insurance proceeds initially offered or paid by the insurer exceed Fifty Thousand Dollars ($50,000), the following shall apply: (1) All insurance proceeds shall be paid to the Association and deposited in a newly-created account, and held for the benefit of the Owner(s) of the relevant Lot and their mortgagees as their respective interests may appear. (2) The Board shall obtain firm bids from two or more responsible contractors to rebuild the relevant portion of the Project in accordance with its condition prior to damage and 34 destruction, modified at the direction of the Board to comply with the building codes and construction standard in effect at the time of the rebuilding. To be considered, any contractor's bid shall include the premium payable for a performance, labor and material payment bond from a reputable bonding company. (3) The Board shall then call a meeting of all affected Owners to review all such submitted bids. A simple majority vote of the affected Owners will be required to accept or reject any bid. The failure by such Owners to either accept a bid or reject all bids shall authorize the Board to accept an unrejected bid it considers most favorable, or seek further bids. Subsection 1.2 Uninsured or Insufficiently Insured Losses: If any damage or destruction is uninsured or if the insurance proceeds are insufficient to cover the cost of repairs or replacement of the property damaged or destroyed, the Board will make a Special Assessment, in accordance with the provisions outlined in Article V, Section 3 of this Declaration, to cover such cost. Such special assessment is in addition to any other regular assessments and is subject to the rules herein relating to Special Assessments. Any Special Assessment for the rebuilding or major repair work of individual residences will be levied upon the basis of the ratio of the square footage of the lot residence to be assessed to the total square footage of the residences of all Lots to be assessed. Subsection 1.3 Full Insurance SettleDlent: Notwithstanding any provision of this Article X, if the insurance carr ier offers the full amount required to repay and restore all of the damage, then the Board shall contract to repair or rebuild the damaged portions of all affected residences in the manner provided in this Article X, Subsection 1.1 for a minor casualty. Subsection 1.4 EDlergency Repairs:Without waiting to obtain insurance settlements or bids, the Board may undertake such emergency repair work after a casualty as it may deem necessary or desirable under the circumstances, and the Board may charge the operating accounts for the cost thereof. In the event of a casualty, there is a substantial possibility that immediate emergency repairs will be required to eliminate defective or dangerous conditions and to comply with applicable laws, ordinances and regulation, pending settlement of insurance claims and prior to procuring bids for performance of restoration work. Subsection 1.5 Decision Not to Rebuild: The decision not to rebuild will require the affirmative vote or written assent of not less than seventy-five percent (75%) of each class of Owner. Upon conv er s ion of CIa ss B m em ber sh ip to Class A m em ber sh ip as provided in this Declaration, a vote in accordance with this Declaration, Article III, Section 4, shall be required for the decision not to rebuild. In the event the membership elects not to rebuild, the proceeds received by the Association as a result of such decision shall be distributed by the Association among the Owners of Lots and their respective mortgagees according to 35 the respective fair market values of the Lots at the time of destruction. The fair market value shall be determined by taking the average of two appraisals as commissioned by the Board. Section 2 Distribution of Funds in Event of Condemnation: A condemnation award affecting one or more lots which is not apportioned among the owners by a court judgment or by agreement between the condemning authority and each of the affected Owners, shall be distributed among the Owners of Lots and their respective mortgagees according to the respective fair market values of the Lots at the time of destruction. The fair market value shall be determined by taking the average of two independent appraisals as commissioned by the Association. ARTICLE XI GENERAL PROVISIONS Section 1 Enforcement of Bonded Obligations: When common ar ea improvements have not been completed prior to the issuance of the fi r st final publ ic repor t for the proj ect and the Assoc ia t ion is obliged under a bond or other arrangement (hereinafter called "Bond") to secure performance of the commitment of Declarant to complete the improvements, the following provisions relative to the initiation of action to enforce the obligations of Declarant and the surety under the Bond shall pertain: (A) 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 improvements for which a Notice of Completion has not been filed within sixty (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 improvements, the Board shall be directed to consider and vote on the question if a Notice of Completion has not been filed within thirty (30) days after the expiration of any such ex tension. (B) There shall be a special meeting of the 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. The meeting shall be required to be held not less than thirty- five (35) nor more than forty-five (45) days after receipt by the Board of a petition for such a meeting signed by Members representing not less than five percent (5%) of the total voting po wer of the Assoc ia tion. 36 (C) There shall be a vote by Members of the Association o'ther than Declarant at the special meeting called. A vote of the 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. Section 2 Invalidity of any provision: Should any provision or portion hereof be declared invalid or in conflict with any law of the jurisdiction where this project is situated, the validity of all other provisions and portions hereof shall remain unaffected and in full force and effect. Section 3 Term: The covenants and restrictions of this Declaration shall run with and bind the property, and shall inure to the benefit of and shall be enforceable by the Association or the owner of any Lot subject to this Declaration and his legal representatives, heirs, successors and assigns, for a term of thirty (30) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years, unless an instrument in writing, signed by a majority of the then owners of the Lots has been recorded within the year preceding the beginning of any successive period of ten (10) years, agreeing to change said covenants and restrictions in whole or in part or to terminate the same. Section 4 Amendments: This Declaration may be amended only by the affirmative vote or written assent of seventy-five percent (75%) of each class of the owners. After conversion of Class B membership to Class A, this Declaration may be amended only by the affirmative vote or written assent of: (1) seventy-five percent (75%) of the total voting power of the Association; and (2) seventy-five percent (75%) of the votes of members other than the Declarant. The percentage of voting power necessary to amend a specific clause or provision shall not be less than the percentage of affirmative votes prescribed for the action to be taken under that clause or provision. Any amendment must be recorded and shall become effective upon being recorded in the Recorder's Office of Santa Clara County. Section 5 Development Rights: Declarant is undertaking the work of developing for sale Lots and cer tain improvemen ts wi thin the Project. The completion of that work and the sale, rental and other disposal of said Lots is essential to the establishment and welfare of the property as a residential community. In order that this work may be completed and said property be established as a fully occupied residential community as rapidly as possible, nothing in this Declaration shall be understood or construed to: (a) Prevent Declarant, its contractors or subcontractors from obtaining reasonable access over and across the common area of the Project or from doing within any unsold Lot owned by 37 Declarant whatever is reasonably necessary or advisable in connection with the completion of said work; (b) Prevent Declarant or its representatives from erecting, constructing and maintaining within the common area such structures as may be reasonably necessary for completing said work and conducting its business of establishing said property as a residential community and disposing of the same in parcels by sale, lease, or otherwise; (c) Preven t Declar an t from main ta in ing such sig ns on Lots still owned by Declarant or on the common area as may be necessary for the sale, lease or disposition of the Lots therein; or (d) Prevent Declarant from maintaining model homes, sales offices, storage facilities or related such facilities in any unsold Lots wi thin the proj ect necessary or reasonable, in the opinion of Declarant, for sale or disposition of the Lots. Declarant shall be entitled to reasonable use of the common areas and common area facilities for undertaking its sale of the Lots. The above rights of Declarant with respect to development and marketing shall be limited to a period of three (3) years from the date of the first sale of a Lot. The Declarant shall be obligated to pay a reasonable rental amount to the Association for use of the Common Area for marketing purposes. (a) Notwithstanding anything above stated to the contrary, the Board may, after the Declarant has completed construction of the project, has terminated construction activities, and has terminated its marketing activities for the sale, lease, or other disposition of separate interests within the project, adopt an amendment deleting from this Declaration any prov ision which is unequivocally designed and intended, or which by its nature can only have been designed or intended, to facilitate the Declarant in completing the construction or marketing of the project. However, provisions of this Declaration relative to a particular construction or marketing phase of the project may not be deleted pursuant to this paragraph (a) until that construction or marketing phase has been completed. (b) The provisions which may be deleted by action of the Board shall be limited to those which provide access by the Declarant over or across the common area for purposes of (a) completion of construction of the project, and (b) the erection, construction, or maintenance of structures or other facilities designed to facilitate the completion of construction or marketing of separate interests. (c) At least 30 days prior to taking action pursuant to paragraph (a) above, the Board shall mail to all owners of the separate interests, by first-class mail, (1) a copy of all amendments to the Declaration proposed to be adopted under paragraph (a) and (2) a notice 0 f the tim e, date, and place the Board will consid er adoption of the amendments. The Board may consider adoption of 38 amendments to the Declaration pursuant to paragraph (a) only at a meeting which is open to all owners of the separate interests in the project, who shall be given opportunity to make comments thereon. All deliberations of the Board on any action proposed under paragraph (a) shall only be conducted in such an open meet ing . (d) The Board may not amend the Declaration pursuant to the above paragraphs without the approval of the owners, casting a majority of the votes at a meeting or election of the Association constituting a quorum and conducted in accordance with Sections 7510 et. seq. of the California Corporations Code. For purposes of this section, "quorum" means more than 50 percent of the owners who own no more than two separate interests in the project. Section 6 Enforcement: Notwithstanding any other provision in this document: (a) Except as,otherwise provided herein, the Association or any Owner shall have the right to enforce any and all of the covenants, conditions and restrictions now or hereafter imposed by this Declaration upon the owners or upon any property within the Project; and (b) Any violation of any state, municipal or local law, ordinance or regulation pertaining to the ownership, occupation or use of any property within the Project is hereby declared to be a violation of this Declaration and subject to any or all of the enforcement procedures herein set forth; and (c) Each remedy provided by this Declaration is cumulative and not exclusive; and (d) The failure to enforce the provisions of any covenant, condition or restriction contained in this Declaration shall not constitute a waiver of any right to enforce any such provisions or any other provision here. Section 7 Fair Housing: No Owner shall, either directly or indirectly, forbid or restrict the conveyance, encumbrance, leasing or mortgaging, or occupancy of his lot to any person for reasons of race, color, religion, sex, marital status, national origin, adulthood of any vendee, lessee or occupant, or ancestry. 39 Section 8 Alternative Dispute Resolution: (a) Unless the appl icable time 1 im i ta t ion for commenc ing the action would run within 120 days, prior to the filing of a civil action by either the Chalet Woods of Campbell Owners' Association or an owner or a member of the Association, solely for declaratory or injunctive relief or for declaratory or injunctive relief in conjunction with a claim for monetary damages, other than Association assessments, not in excess of five-thousand dollars ($5,000), related to the enforcement of this Declaration, the By-laws or the Articles of Incorporation, the parties shall endeavor, as provided in this section, to submit their dispute to a form of alternative dispute resolution such as mediation or arbi tration. The form of al ternative dispute resolution chosen may be binding or nonbinding at the option of the parties. Any party to such a dispute may initiate this process by serving on another party to the dispute a Request for Resolution. The Request for Resolution shall include (1) a brief description of the dispute between the parties, (2) a request for alternative dispute resolution, and (3) a notice that the party receiving the Request for Resolution is required to respond thereto within 30 days of receipt or it will be deemed rejected. Service of the Request for Resolution shall be in the same manner as prescribed for service in a small claims action as provided in Section 116.340 of the California Code of Civil Procedure. Parties receiving a Request for Resolution shall have 30 days following service of the Request for Resolution to accept or reject alternative dispute resolution, and if not accepted within the 30-days period by a party, shall be deemed rejected by that party. If alternative dispute resolution is accepted by the party upon whom the Request for Resolution is served, the alternative dispute resolution shall be completed within 90 days of receipt of the acceptance by the party ini tiating the Request for Resolution, unless extended by wr i tten st'ipulation signed by both parties. The costs of the alternative dispute resolution shall be borne by the parties. 40 (b) At the time of filing a civil action by eitherthe Association or an owner or a member of the Association solely for declaratory or injunctive relief or for declaratory or injunctive relief in conjunction with a claim for monetary damages, other than Association assessments, not in excess of five-thousand dollars ($5,000), related to the enforcement of this Declaration, the By-laws or the Articles of Incorporation, the party filing the action shall file with the complaint a certificate stating that alternative dispute resolution has been completed in compliance with (a) above. The failure to file such certificate shall be grounds for a demurrer pursuant to Section 430.10 of the Code of Civil Procedure or a motion to strike pursuant to Section 435 of the Code of Civil Procedure unless the filing party certifies in writing that one of the other parties to the dispute refused alternative dispute resolution prior to the filing of the complain, that preliminary or temporary injunctive relief is necessary, or that alternative dispute resolution is not required because the limitation period for bring the action would have run within the l20-day period next following the filing of the action, or the court finds that dismissal of the action for failure to comply with (a) above would result in substantial prejudice to one of the parties. (c) Once a civil action specified in (a) above to enforce the governing documents has been filed by either the Association or an owner or member of the Association, upon written stipulation of the parties the matter may be referred to alternative dispute resolution and stayed. The costs of the alternative dispute resol ut ion shall be borne by the par ties. Dur ing this re fer r al, the action shall not be subject to the rules implementing Section 68603 (c) of the California Government Code. (d) The requirements of (a) and (b) above shall not apply to the filing of a cross-complaint. (e) In any action specified in (a) above to enforce the governing documents, the prevailing party shall be awarded reasonable attorney's fees and costs. Upon motion by any party for attorney's fees and costs to be awarded to the prevailing party in these actions, the court, in determining the amount of the award, may consider a party's refusal to participate in alternative dispute resolution prior to the filing of the action. 41 (f) Unless consented to by both parties to alternative dispute resolution that is initiated by a Request for Resolution under (a) above, evidence of anything said or of admissions made in the course of the alternative dispute resolution process shall not be admissible in evidence, and testimony or disclosure of such a statement or admission may not be compelled, in any civil action in which, pursuant to law, testimony can be compelled to be given. (g) Unless consented to by both parties to alternative dispute resolution that is initiated by a Request for Resolution under (a) above, documents prepared for the purpose or in the course of, or pursuant to, the alternative dispute resolution shall not be admissible in evidence, and disclosure of these documents may not be compelled, in any civil action in which, pursuant to law, testimony can be compelled to be given. (h) Members of the Association shall annually be provided a summary of the provisions of this section, which specifically references this section. The summary shall include the following language: "Failure by any member of the Association to comply with the prefiling requirements of Section 1354 of the Civil Code may result in the loss of your rights to sue the Association or another member of the Association regarding enforcement of the governing documents." The summary shall be provided at the time the pro forma budget required by Civil Code Section 1365 is distributed or in the manner specified in Section 5016 of the Corporations Code. (i) Any Request for Resolution sent to a Lot Owner shall include a copy of this Section. 42 I~ WITNESS WHEREOF, the undersigned, being the Declarant herein, has executed this Declaration this day of , 199 Chalet Woods, a Limited Partnership By: CHALET WOODS, INC., A GENERAL PARTNER By: Chao Wu, President 4.3 TRACT NUMBER iA \ " -..-' f.-1 A F----~l Aa PLEASE TYPE OR PRINT HEVY - YOU GET,fijLAST COPY e" 41182 ." b County of Santa Clara Current Planning Office 70 W. Hedding St., San Jose, CA 95110 Phone: 299-2454 1. Location of Tract See Instructions Below :~" i : u i \'-i "" 1 ................ \'7 1., . 1'~ ,....f.r..E-. ~ 2. Proposed Tract NamectD;If. 'l./C 11'.., . ", (r' "N~ OJ( :/\.LY:Y ;"'".:~:'tJ -: i-"{C~ l"~~ 1(.,) 5. Date of Planning Commission Approval of Tenative Map 1'-'\/:.. Y -.. i '1 ,~ 7. Owner's Address '~ _...0 t! )! 'I' V,) '"3 (.t' ::?"+'(~I I;, ,';.l ,\};:: " CL.H :.;...,\...,.. 4. Approximate Acreage 3. Number of Lots & Units 6. Owner's Name , . ,'be. t T Ht:Ol)<.;;;, '..;,l- " \~,Cl <6S '\;., i LVI-?iZ FJX .D~(. "'.,/\o;,.J -..Ie- ,::....1":';"<1'31 9. Engineer's Address and Phone Number 8. Engineer's Name ;,-\. r: #'..7"'w~ ,.., 1 ; ( ~.'".. ....;. ,.,.,....}..i".--L. ~.::~- ~''"''..:..; \t-,,,\~:j..,,,:i.tl7 '. L....><6) .' &: 11. Is the Tract Proposed for Annexation? Yes '\" ;.~;.-,'.i' ,....-.."" No) If the answer to 10 or 11 is yes, What City? ;:"0"1>'\ :) 10, Is the Proposed Tract in ar.l incorporated City? /r as-', No 13. Remar :' " :"'1 'j.; -.' '1/.7 .,.,..V __ , . 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. S; -....TfaetNtJmberis au lUIIIl!ltically void if Aet-useQ witflin OAe year fro!'n the date of ;55ue and r~qaesI In writing fur' renewaJ.~ 6. A request for renewal shall be in writing and shall include the date of the re-approval or extension and the length of time for such extension 7. The assigned number is not transferable, except upon written re-application. 8. Enclose $ issuance fee. TRACT NUMBER ASSIGNED: This space for machihe'va'tidation ';", j " d ,~ :; ~!" _! REOUEST COMPLETE B~, I DATE Routing White - Land Development Coordinator Green - Owner's Engineer Canary - Planning Commission Pink - City Engineer &::I Goldenrod - Owner's Engineer (Preliminary Copy) ~6240 REV 8/88 > ":; , , ":;1, ~~. :;-,;f :. i.Hr,:' TRACT NUMBER .. . PLEASE TYPE OR PRINT HEA. ... Y - YOU GET THE LAST COPY i County of Santa Clara Current Planning Office 70 W. Hedding St., San Jose, CA 95110 Phone: 299-2454 1. Location of Tract j '. .1 r .._~ "'c~ lit I " 2. Proposed Tract Name 72 '._ L_-~ .','['1 P.YSLJ , .;,5 _ 5. Date of Planning Com Approval of Tenative Map See Instructions Below ',' ..i, ,'-' ,- l. , ',\ $ ,-,. \ .'" ''\:>' < ....) 'c..' -, ,I.' ) i l,' f.,j 3. Number of Lots & Units , I.. J::,..I.../ ;::;- i ( 4. Approximafe Acreage 6. Owner's Name 7. Owner's Address . ',;'" ..;- , ~ ,~... . ,), . '~"". ,... to, \ .' \,' Co I..... ';'; I fJ(' . i. l' <}Ii Z; , 'II) ~\.:./, f--" \. '.1' [... ..., "_'1 ...._; '... .- "'-.'/1- t....- ,<., ":';.:D 8. Engineer's Name /'~;-~(> \ Fl>LA.... i~.i,J\ k,. 10. Is the Proposed Tract in an incorporated City? Ves . No 13. Remarl<~ 9. Engineer's Addres.s an,d Phone Number '+'3~;~ . "~.'\ ,,~:.,;.d}, ].',i/::.1(!' ,;"...,~r~). .,'.'.\ ' ~ -, \ \..,j,..... , .h;~? ,,-". ;..,: j.,.l..j.'-f- 11. Is the Tract .Proposed 12. If the answe.r to 10 or J,1,)s for Anynexatlon? yes, ~~~9J~~) /")(.[.1 es / No' ..............."'. .~ i. ; i' \,.: .I,':> '2.- \J hi:';' .~:~. . I , r " :...' " r- I...,-~., . t- \.' i/) // Y:: - \ ,.11\, T ;, ~- .:.;,:.. \ .'" j 0, <....-- . -....II) to ( \.A '/ E... t ..) J_JI .1\ or 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. Trae-t'Numtrerts-automatiemty-voit:titnot used wrthirl one-yeal fr'om the date ofmtte"8TTdrnqrresrtrrwritiTTg'"fer renawal-has.notf>een-.rBGeWect:'. 6. A request for renewal shall be in writing and shall include the date of the re-approval or extension and the length of time for such extension 7. The assigned number is not transferable, except upon written re-application. 8. Enclose $ ".j ',; issuance fee. TRACT NUMBER ASSIGNED: This space for machine validation ,J<'" ,.. ',5 -":> REQUEST COMPLETE BY I DATE Routing \ - ..>\ ') , .\ ,J_. ._-', \~ - 2.... \ j ~) White - Land Development Coordinator Green - Owner's Engineer Canary - Planning Commission Pink - City Engineer Goldenrod - Owner's Engineer (Preliminary Copy) ~6240 REV 8/88 &'~~ 'tI\~ti ~ YJ' . Santa Clara Valley Water District 0 5750 ALMADEN EXPRESSWAY SAN JOSE, CA 95118-3686 TELEPHONE (408) 265-2600 FACSIMILE (408) 266-0271 AN AFFIRMATIVE ACTION EMPLOYER It~ r:~ I> J{j!...9 I " ~ 1I6,C ~ '" 0 I9.D /J o,..t" dJ Vtl1^ . 001'11. Ge,.,~ ~ July 19, 1993 Ms. Gloria Sciara Planning Department City of Campbell 70 North First Street Campbell, CA 95008 Dear Ms. Sciara: Subject: Tentative Map for Chalet Woods Inc., City File TS 93-02, sent to us on July 7,1993. The site would not be subject to flooding from a District facility in the event of a 1 % flood. Proposed land use change would not directly affect any District facility. If site drainage is to be directed into a District facility, detailed plans should be sent for our review and issuance of a permit prior to the start of construction. In accordance with District Ordinance 90-1, the owner should show any existing well(s) on the plans. The well(s) should be properly registered with the District and either maintained or abandoned in accordance with District standards. Property owners or their representative should call Mr. David Zozaya at (408) 927-071 0 for information regarding well permits and the registering of, or abandonment of, any wells. Sincerely, Eugene H. Sullivan Supervisor, Permits Section Design Coordination Division cc: Public Works Department City of Campbell Westfall Engineers 14583 Big Basin Way Saratoga, CA 95070 ~ t.J recycled paper SOIL AND FOUNDATION INVESTIGATION PROPOSED A 31-UNIT TOWNHOME DEVELOPMENT 346 & 356 Union Avenue APN# 412-28-48 & 55 campbell, California Report prepared for Mr. Chao Tsan Wu Chalet Woods Inc. 6472 Camden Avenue #109 San Jose, California 95120 Job No. 93348-S1 FRANK LEE & ASSOCIATES Job No: 93348-S1 TABLE OF CONTENTS INTRODUCTION ...................................................1 SITE DESCRIPTION ...............................................1 PROPOSED DEVELOPMENT ........................................... 2 FIELD INVESTIGATION ............................................2 SITE SOIL CONDITIONS ...........................................3 GROUND WATER ................................................... 3 SEISMICITY ..................................................... 3 LABORATORY INVESTIGATION .......................................4 CONCLUSIONS AND RECOMMENDATIONS........ ....... ...... ......... 4 General ................................................. 4 Grading ................................................. 4 Subgrade Preparation .................................... 7 Cut and Fill Slope ...................................... 8 Treatment After Completion of Grading................... 8 Foundation Recommendations ........ .... .... .... .... ...... 9 Retaining Walls ......................................... 10 Resistance to Lateral Forces...... ................ ...... 12 Slab-an-Grade Construction ............... ... ........... 12 Drainage ................................................ 13 Future Modifications .................................... 14 Future Occupants ........................................ 14 INVESTIGATION LIMITATIONS ............ ........................ 15 ATTACHMENTS: Plate 1: site Vicinity Map Plate 2: Generalized site Plan Table A: Laboratory test Results Summary Table B: Summary of Atterberg Limits Appendix A: Boring Logs and Key to Boring Logs I 'I ./J FRANK LEE & ASSOCIATES FRANK LEE & ASSOCIATES GEOTECHNICAL CONSULTANTS 281 Chantecler Drive, Fremont, California 94539 (510) 657-7792 March 25, 1993 Job No: 93348-S1 Mr. Chao Tsan Wu Chalet Woods Inc. 6472 Camden Avenue #109 San Jose, California 95120 SUBJECT: SOIL AND FOUNDATION INVESTIGATION Proposed A 31-Unit Townhome Development 346 & 356 Union Avenue APN# 412-28-48 & 55 Campbell, California Dear Mr. Chao Tsan Wu: We Have enclosed with this letter three copies of our Soil and Foundation Investigation of the subject property located at the 346 & 356 Union Avenue, in Campbell, California. This study was completed in accordance with your authorization. The accompanying report presents our opinion that the site is suited for the proposed construction provided the recommendations contained therein are incorporated into the development plans, specifications, and construction. This report should not be interpreted to be a geologic investigation of the site. Please do not hesitate to call us if you have any questions or if we can be of any other service. Thank You. Very truly yours, FRANK LEE & ASSOCIATES /,7"'4.1. ~-<-- Frank Lee professional Engineer 34975 copies: Addressee (3) ~/0~f~ 7/'l3 ,",>:.>0!p ?/~'7:?...J i J J 11 Job No: 93348-S1 SOIL AND FOUNDATION INVESTIGATION 346 & 356 Union Avenue APN# 412-28-48 & 55 Campbell, California IN_'1:RODUCTION This report presents our findings, conclusions, and recommendations regarding our soil and foundation Investigation for the subject site at the East of Union Avenue, in Campbell, California. The scope of our work included a surface site reconnaissance; the drilling, inspection and logging of five exploratory borings to investigate subsurface soil conditions; recovery of selected soil samples from the borings for laboratory testing; soil engineering analysis of the data gathered during the investigation; and preparation of this report, including a summary of our findings, conclusions, and recommendations. The data obtained and the analyses performed were for the purpose of investigating the strength characteristics of the soils at the site as a basis for making site grading and foundation design recommendations. SITE DESCRIPTION The project site consists of a rectangular-shaped parcel of approximately 2.24 Acres, located on East side of Union Avenue, in campbell, California as shown on the site Vicinity Map. Elevation 1 \ I ,\ :1 Job No: 93348-81 1 J at the site is approximately 210 feet mean sea level (MSL). The site is presently occupied by four one-story houses and six sheds. The site is relatively flat and the drainage is mainly by sheet flow to the East. PROPOSED DEVELOPMENT It is our understanding that you intend to remove the existing structures and construct 31-unit townhome new structures on the subject site. We also understand that the proposed development will involve some cut and fill grading operations. FIELD INVESTIGATION A soil exploration field investigation was performed at the site on August 27, 1992 under the direction of the Soil Engineer. The investigation consisted of a surface site reconnaissance, and the drilling, sampling and logging of five exploratory test borings to a maximum depth of 36 feet at the approximate locations shown on the Generalized Site Plan.A truck-mounted drill rig equipped with continuous-flight augers were used to drill the test borings. Relatively undisturbed soil samples were taken at selected depths from the borings with a California modified soil sampler using 2- 1/2-inch outside-diameter brass liners. The samples were sealed in the field and returned to the laboratory. Upon completion of our investigation at the site, the borings were loosely backfilled with native materials. j 2 j I ; ,.; 1 l ,1 I . . Job No: 93348-S1 SITE SOIL CONDITIONS Surficial soil at the site consisted of firm, brown sandy to silty clay that was generally moist, and of low to medium plasticity. Underlying these sandy to silty clay, the silty sand with gravel were encountered, these silty sand was damp and dense and about 3 to 6 feet thick. Beneath this silty sand the silty clay was encountered to about 17 feet then changed to gravelly sand. The materials encountered in the borings are described in detail on the boring logs in Appendix A. GROUND WATER Free ground water was not encountered in borings. Ground water conditions generally fluctuate seasonally and annually, but they are not expected to approach the ground surface close enough to be a concern for foundation design or performance of the building. SEISMICITY As with most of the San Francisco Bay Area, the proposed site is within a regIon of high seismic activity dominated by continued movement on the San Andreas fault. Our review of geologic maps indicates that the site is located approximately 6.5 miles Northeast of the San Andreas Fault. The site is not located within a State of California Special Studies Zone. Such zones were delineated by the state Geologist along active earthquake faults. This investigation, however, did not involve evaluation of 3 Job No: 93348-81 conditions or potential hazards relative to fault location, activity or seismic capability, or other geologic hazards. LABORATORY INVESTIGATION A laboratory testing program was performed to investigate the physical and engineering properties of the soil at the site. A majority of the relatively undisturbed soil samples were tested to determine their moisture content and dry densities. Two Laboratory unconfined compression tests I two direct shear tests were performed on selected soil samples and one plasticity index test on near surface sample. The results of the laboratory testing are presented in Table A and Table B. CONCLUSIONS AND RECOMMENDATIONS General 1. The project site is suitable for the proposed development provided the recommendations set forth in this report are incorporated into the design considerations, project plans and specifications. The existing site organic-free soils are suitable to be used for engineering fill. 2. The potential for expansive soils at the site is considered to be low to moderate. Gradinq 3. The placement of fill and control of grading operations at the ) 4 J 1 . Job No: 93348-81 site shall be done in accordance with the recommendations of this report. 4. FRANK LEE & ASSOCIATES must perform the necessary inspection services during construction of this project to ensure uniformity with the conditions upon which these recommendations are based. I , before any grading begins at the site to coordinate work in the FRANK LEE & ASSOCIATES shall be notified at least 2 (two) days field with the contractor. site, but should they nevertheless exist in the area to be 5. We did not observe any subsurface structures at the project constructed, they and any surficial structures that will not be a part of the final development shall be removed prior to any grading foundations, utili ties, pipe lines and subtanks. operations. This includes such things as concrete blocks , asphalt, objects shall be accurately located on the grading plans to assist These above the Field Engineer in establishing proper control over their removal or relocation. 6. All organic surface material and debris, including grass, weeds grading operations from all areas that are to receive engineered or trees, shall be stripped minimum of six inches prior to any fill ( the exact depth of required stripping shall be determined in the field). These organically-contaminated soil may be stockpiled l ; 5 Job No: 93348-81 for later use as landscaping material. After stripping of the organic surface material, the native soil must be scarified a minimum of 12 inches and recompacted to a minimum of 90 percent relative compaction. 7. Depressions left by the removal of any surface or subsurface structures shall be cleaned of all debris, and backfilled with compacted engineered fill. The material shall be placed in lifts not exceeding 8 inches in uncompacted thickness, and compacted to a minimum degree of compaction of 90 percent as determined by A8TM D1557-78. The upper 6 inches of subgrade soils beneath pavements shall be compacted to a minimum of 95 percent. This operation must be conducted under the observation of FRANK LEE & ASSOCIATES. 8. After removing all the surface and subsurface structures, and after stripping off the organically-contaminated surficial soil, the areas that will receive fill shall be ripped by machine to an average depth of at least 12 inches and thoroughly stripped of roots, vegetation, and other deleterious materials. 9. Following the structure removal, the stripping operations, and the ripping procedures, the native soil, wherever engineered fill will be placed, shall be properly compacted. Any loose fill material or wet soil present on the site in areas that will or may affect the proposed structures shall be over-excavated (as J I ./ 6 j j j J Job No: 93348-81 determined by the field engineer) and recompacted before placement of engineers fill. SUbqrade Preparation 10. All engineered fill, whether native or imported soil, shall be placed in uniform horizontal lifts of not more than 8 inches in uncompacted thickness and shall be compacted to not less than 90 percent relative compaction in accordance with the ASTM D1557-78. Before compaction begins, the fill shall be brought to approximate optimum moisture content that will permit proper compaction by either aerating the material if it is too wet, or spraying the mater ial with water if it lS too dry. Each lift shall be thoroughly mixed before compaction to assure a uniform distribution of water content. When the fill material includes rocks, nesting of rocks shall not be permitted, and all voids must be carefully filled and properly compacted. No rocks larger than 4 inches in diameter shall be used for the top two feet of fill. 11. Imported soil materials shall be a soil or soil-rock mixture which is free from organic matter or other deleterious substances and have a plasticity index less than 12. The fill material shall not contain rocks or clumps of soil greater than 6 inches in dimension, and not more than 15 percent larger than 2-1/2 inches. All borrow materials must be approved by FRANK LEE & ASSOCIATES before being brought to the site. 7 Job No: 93348-81 Cut and Fill Slopes 12. The amount of cut or fill that can be done safely on this site depends on the steepness of the slopes and proper control of drainage on and adjacent to them. 13. Unretained cut slopes should not exceed 2:1 in soil. All cut slopes should be inspected by FRANK LEE & ASSOCIATES prior to completion of grading at the site. 14. Fill slopes should not exceed 2:1. Fill slopes should be properly keyed into natural slopes steeper than 6:1 with a 10-foot wide base key that has a 2 percent gradient downward into the slope. Rounding of the upper few feet of the slopes is recommended to reduce sloughing. 15. Flow of water on these slopes should not be permitted. Berms should b constructed along the crests of the new slopes to prevent uncontrolled surface drainage. The surfaces of the slopes should be compacted to provide surfaces free of loose material, and should be planted as soon as possible after completion of grading operations. Treatment After Com?letion of Grading 16. After grading is completed and the Field Engineer has finished his observation or the grading work, no further excavation or } - j 8 j J J Job No: 93348-S1 filling shall be done except with the approval of and under the observation of the Field Engineer. 17. It shall be the responsibility of the Grading Contractor to prevent erosion of freshly graded areas during construction and until such time as permanent drainage and erosion control measures have been installed. 18. Underground utility trenches shall be backfilled with compacted engineered fill. If onsite soil 1S utilized, the material shall be placed 1n lifts not exceeding 8 inches in uncompacted thickness and compacted to a minimum of 90 percent relative compaction by mechanical means only. Foundation Recommendations 19. The Two story New Structure should be supported by a continuous perimeter footing a minimum of 18 inches in depth below the lowest grade and 15 inches in width with interior footings. The spacing of the footings will depend upon the structural loads transmi tted to them. the foundation may be designed for an allowable bearing pressure of 2000 psf for dead plus live loads. This values is for dead plus live loads, and may be increased by 1/3 to include short-term seismic and wind effects. The footing shall be reinforced with a minimum of two #5 bars, one near the top and one near the bottom of the footing. 9 Job No: 93348-S1 20. Masonry bricks or cinder blocks cannot withstand movement and shall not be used for the foundation walls. The foundation walls shall be constructed of heavily reinforced concrete to protect the structure from cracking due to differential heaving and settlement. 21. "Oversize" and "leakage" shall not be allowed during the pouring of concrete for the footings. 22. FRANK LEE & ASSOCIATES shall inspect all the excavations for the foundation prior to the pouring of the concrete. 23. We do not anticipate appreciable settlement; however, slight settlement shall be considered in the design of the foundation. We estimate the total settlement of the foundation should not exceed 1 inch. Retaining Walls 24. Any facilities that will retain a soils or bedrock, such as retaining walls, should be designed for a lateral earth pressure (active) equivalent to 45 pounds equivalent fluid pressure, plus surcharge loads. If the retaining walls are restrained from free movement at both ends, they shall be designed for earth pressure resulting from 55 pounds equivalent fluid pressure, plus surcharge loads. The structural Engineer responsible for their design should discuss the surcharge loads with FRANK LEE & ASSOCIATES prior to designing the retaining walls. , -' 10 I J Job No: 93348-51 25. In designing for allowable resistive lateral earth pressures (passive) 250 pounds equivalent fluid pressure should be used where the wall is founded in natural soils. 26. A coefficient of friction of 0.3 may be used for retaining wall design. 27. The above values assume a drained condition, and a moisture content compatible with those encountered during our investigation. To promote further drainage, a layer of at least 1 foot of gravel or drain rock should be placed between the facility and the retained material. Perforated pipes (perforations down) should be included in the design to conduct the water form behind the retaining structure. sui table outfall locations for drainage facilities should be chosen to minimize potential erosion. 28. Retaining wall footings shall be at a minimum depth of 18 inches, with a level front ground surface, or at a minimum of 24 inches, with a sloping from clcound surface, as long as the slope does not exceed 6:1 (H:V). Allowable bearing pressure for retaining wall design shall be 2000 psf. . ._,-// 11 Job No: 93348-81 Resistance to Lateral Forces 29. Spread footing foundations resist lateral earthquake forces through a combination of friction and passive earth pressure. For design purposes, it is recommended that a coefficient of friction of 0.3 be assumed between the base of the footing and the underlying soil. In addition, a passive equivalent fluid pressure of 250 pcf can be assumed to act against the embedded portion of the footing. These design parameters assume that the footings will bear on and against native soil or compacted imported materials. Slab-on-Grade Construction 30. Where slabs-on-grade are to be constructed, we recommend that the slabs be supported on a minimum of 12 inches of compacted, non- expansive structural fill and independent from all foundations. If concrete slab should be connect to the foundations, we recommend that #4 rebar must be used at 15 inches center to center on both direction. Preparation of the natural subgrade soil and placement of the structural fill materials shall be performed in accordance with the preceding recommendations under "Grading". Prior to final construction of the slabs, the subgrade surface shall be compacted to provide a smooth, firm surface for slab support. Slab subgrades should not be allowed to dry and all surface shrinkage cracks should be sealed by soaking prior to slab construction. Slab reinforcing shall be provided in accordance with the anticipated use and loading of the slab, as designed by the Structural / 1 12 I J Job NO: 93348-81 engineer. If the slabs are to be subjected to heavy loading, a subgrade modulus for the on site soil and fill materials of 150 pounds per cubic inch is considered applicable for design. 31. In areas where floor dampness is undesirable, a moisture barrier should be used. One generally effective system for use in areas not subject to heavy vehicle loading is to install a capillary break consisting of 4 inches of free-draining pea gravel beneath the slab. In order to minimize vapor transmission, an impermeable membrane should be placed over the gravel. The membrane should be covered with a 2-inch layer of sand to aid in cur ing the concrete and to protect the membrane during construction. The sand should be slightly moistened just prior to concrete pouring. The combined thickness of gravel, membrane and sand may be considered as the upper 6 inches of the previously recommended non-expansive fill beneath the slab. Drainaqe 32. It is extremely important the strong measures be taken to control and conduct all surface and subsurface waters away from the site so that they do not adversely affect the foundations of the structures, and that all drainage facilities be diligently maintained. 33. Roof drainage downspouts shall be discharged into controlled Frank Lee & Associates _./ j J 13 Job No: 93348-81 drainage facilities to keep water away from the foundation. Hose outlet and watering systems should be arranged in such a way as to prevent excessive moisture from reaching foundation areas, and to safely dispose of the water into an area equipped with suitable energy-dissipating devices, to prevent adverse erosion. 34. The final pad grades shall result in a positive gradient away from the foundation in order to provide rapid removal of storm water and to prevent ponding of water adjacent to the foundation or slabs-on-grade. six inches of soil may be backfilled against the exteriors of the foundation and graded so that it will assist in the removal of the water. Future Modification 35. Future modifications of the site should be carefully planned with professional consultation. This is especially true for any construction activity involving water such as swimming pools or landscape irrigation systems. Future Occupants 36. The recommendations set forth in this report should be presented to all future occupants of the site to ensure their understanding of how they can best maintain the integrity and value of the property. Frank Lee & Associates 14 Job No: 93348-S1 INVESTIGATION LIMITATIONS 1. This report has been prepared in accordance with generally accepted Soil Engineering practices. The conclusions and recommendations contained in this report have resulted from Soil engineering analyses based upon the Soil engineer's interpretations of the surface and subsurface soil conditions observed in our test borings at the site, and that the soil conditions at the site do not deviate from those observed. No warranty, expressed or implied, is made. If any unusual soil or geologic conditions are encountered during construction, or if the proposed construction will be other than the two story new structures, FRANK LEE , ASSOCIATES shall be notified for the supplemental recommendations. This investigation shall not be interpreted as a geologic report of the site. 2. This report is issued with the understanding that it is the responsibility of the owner or owner's representative to ensure that the contents of this report are Architects and Engineers for the recommendations are incorporated specifications, and construction. 3. The findings of this report are valid as of the present time; however, the passing of time will change the conditions of the existing property due to natural processes or the works of man. In addition, legislation or the broadening of knowledge may require other recommendations. Accordingly, the findings of this report called to the attention of project, into the and that these proj ect plans, Frank Lee & Associates 15 Job No: 93348-S1 may be invalidated, wholly or partly, by changes beyond our control. Therefore, this report should not be relied upon after a period of three years without being reviewed by a Soil Engineer. Very truly yours, FRANK LEE & ASSOCIATES -- / -....../ ~.rl'<4r~ ~ Fr,imk Lee Professional Engineer 34975 16 Job No: 93348-81 :t~ I :;fII' ~~~ (c;iS!::~~~-' .l~.~,8f,l." ~ ~ li'AUI~~~~t':A~3~'"""';;: ~~' """0"+91 ~ :fJ.k~' .ocr T jt r: ~ i! a AND :il . [RIA[[ lA, 'UII'EE ..; ~ .>- LAIlm~ ~ ~I ' o' ili "~t1'" i~ l. iw 'O~ "o'OCO =- ~..J ''''G~I~~:",~IAVE H(['~u ~jl' 1-......' 8 lJUA II( ATE r" ;,;,;",:. "us to) lo.J ~~ R lE DR i ~'ESTFI~l'" -.......! -- 2, ~RE[K y "If( "'I~~ :.::.::' c:. ~fiItUlo(DR far THOR., '-'I' 0 Q :c ~~ , t; ~ nil'" 'T <'nil .~ '!>tOR Ul ~ ~EHOIERO' ~D"~ 0,.)... ,.....-S-L:;:~ ..~ ~l~ ~ 1;"E m E :T"""" ~ ~~ tJlE l EBI.DlE ~I~ ik . . . ;fL~[~g'.,:J a ~ l:; ~lffi ~'<;~~...~~~~ II,~I ~( l.,h ~ ~ ~ ~~A~ ~ -nX' ~t";, ::: ~.i1!~... J;~ g =,),1 ~A",~,'4..", T ~ <.p.. '>L. .. 119""1 ~ ~ 0 CT f 3~...J .a: ~ ~ Ave ~ ll~__...!! .' ,'. )~,..'\". II: "I'V~ 0 ::::. l't.. - -.. ~ :-,. ,~.... T dr "" Sf n [S S1 or; sill TALUClA ,,, GEO ~~ I 1J1';~ :t 8_~ c::< i' G C TETHOflREmtOC G''';':;''- BEl 0 91 .~ ~'i:lAU'~lJ'I~ ","UJ~ E"S' .-,~~;"..io .=JlCTe.lgJ~'~p /, 03 I "~ Orm"~RAIll:~ IS:l ~.E HAY j ,," lr;;; iIC:' '~::: ~ ",<<br1'i:l '2L:;; ~PlIU mAR ~.i ~t;';! AV ~ / k.:l' U > > 5Ol0REl'" ~ ~ '~T""~\~ ." It 15::; ~ '""'0 [Rloo'~ ~"-""'l / ~~ ~~c: ~'"IwOA"'o' ~ lEASON : ~' AV ,~V;I Y i OR E ~ Il IAWS9URC Oil DAVID >- A.V OA 0 II \ CT 11- a; r;f ~ NOON ~ :0." - lEI BL CK R r--- ~ ~I 0 ilF :A~ KEHOR~~ ~ 0 CADILLAC QI< '::il>- -' J -' z "(,11.% 8 0 , l ~,{;v'" - ~r '-- ~ ~I ;;;, \' 0", ~ p" OR ~ ~ ~ >, ~ ~ I>L ,-~ ~ =r::;;,y 17"p ~7)?, j ; ~ g ~ ;. AlTA ~ .... S~ ~'~~Nar: ? ....:.. ~ Rlll"C. OR ~ 0 'lARl IN OSlMAR~ ~ ~ ) ~ ~ ii: up o~.... r - ~'"', f' ADOOI ~ ~ :;;". ICY [(SlING ~.:;:;."C~ ..:. """-:::!' ~8;;! ..._ ~, ';.;.j' ~ 1."-' 8~ "',"'''' HAMI TON .II" IS lOQ.W ''8 ~mpbell Com .,,,~ ~... C ~ "v~ ~ _ "1 ,..,,~' 8O\lEiEHli!;.-~ : ~ > ~ ~!fi~ ~~ oW~:~ YE/"'~/::~"::: ~ > >)'l ~ 0 0 ~I~ u :::::: ::: llO'1i~URST' ..""'" E""ERDR~~-:::~IcALE ~ ~ '-' w ,~ ,~ 1-... r---- ,:-p,/ 8 := ICAOI Y 1'1 "JUl-. i~.,"" iURn'GfIEltI,:c~:i : - ~ ~CT e ~ ~~ :;fJ"t-~ES.o( :; ~ ~:, ,,[-, ~u";.e HERR. ",ROVED w.-.......' ~'r." ~..Pilli-.Ii ~ ~ ~ ~~1 u, 'sr ~ ~H j1 , , - J,,.. ~ "IHA rAY ~., I.:i. . 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C w .(CASA.~ ORf1':'~al~l~ a"X ~'~~'''~~~ ", '\!'OA~ ~bririn ~ ~ :Al......;~ ,. ~L~,t, ('~\....'iP' .' . mF ~"'+ rAtllf Z;;;~Iit;ltf,=, ~~.;., ,~~.... ~ ~ OMIRIA. ;:) I 3 ~ t- X ~ I 2 "I( o-nt.: ~ _ ~ I I>: '), <t ~ ~ w Ii lro C ~ ~ A l!i t: ~\~ '/ ~~_ " ~ t'1 II~: ~ >- J!I 'VE- . ~ ~ -" L ~ ~ \,: . ~ . fk-"'~ ~ ~ ~~ tl ~ ,,~ '\ u.. ~:, J ~~_..s':~"~_~J'_-L-_~ __:p ___J~~ _ 'tttETHOO;~ t'/(,l".--^"" _~ Ac SITE VICINITY MAP 346 & 356 Union Avenue Campbell, California FRANK LEE & ASSOCIATES Plate1 J Job NO: 93348-S1 ,- .- -1 _ ~ :r--l ~ t3--l- ~ 8'-5 I I / I 10 l~ ,8-31 o : J", !~ _ 0 I /' ~ 0, r .- t l l- - ~ - - 1- _ _ _ - ---_:~ ~j f I / / o / D D 1 ~ I' Di I I /' D'. ~ 9-' uN/CN AVeNUe If , , I / .J ~ S CAi. & I ,II -:::: 1:7. I b I ...---. -... GENERALIZED SITE PLAN 346 & 356 Union Avenue Campbell, California FRANK LEE & ASSOCIATES Plate 2 Job No: 93348-S1 Sample No. 8-1-1 8-1-2 8-1-3 8-1-4 8-2-1 8-2-2 8-2-3 8-2-4 8-2-5 8-3-1 8-3-2 8-3-3 8-3-4 8-3-5 8-3-6 8-3-7 8-4-1 8-4-2 8-4-3 8-4-4 8-4-5 8-5-1 8-5-2 8-5-3 8-5-4 8-5-5 TABLE A LABORATORY TEST RESULTS SUMMARY: MOISTURE, DENSITY, UNCONFINED COMPRESSION, DIRECT SHEAR TEST Depth ft. 2-2.5 5.5-6.0 11-11.5 16-16.5 2-2.5 6-6.5 11-11.5 16-16.5 21-21.5 2-2.5 6-6.5 11-11.5 16-16.5 20.5-21.0 28-28.5 35.5-36.0 3-3.5 6-6.5 11-11.5 16-16.5 21-21.5 2-2.5 6-6.5 11-11. 5 16-16.5 21-21.5 In-Place Conditions Moisture Dry % p.c.f. Dry Wt. 8.3 6.1 7.0 6.1 9.2 5.7 9.5 9.4 6.1 12.2 9.6 7.5 13.3 7.7 5.4 5.4 13.2 8.9 9.5 10.6 7.6 16.8 7.5 12.8 12.2 8.3 101.3 99.5 126.9 124.9 99.5 108.6 122.6 126.7 131. 9 101. 8 111. 2 118.5 123.2 114.1 127.8 133.4 108.9 111.2 120.3 123.6 133.9 103.9 106.0 117.9 117.1 133.5 Unconfined Compressive k. s. f. 6.19 6.54 Direct Shear Testing Angle of Unit Internal Cohesion Friction deqrees psf 28.8 139 22.6 1. 033 Job No: 93348-S1 ~ ~ x <10 LW o Z H 1': 30 ~---( U H t;; 20 << .-'l p.. GO 50 T!\I3LE 13 ~; UfVd\v\HY OJ' l\'1'TERBEHC LHlI T~; 1----- I I -------7 10 CL --- ----;r"---- - OL 7 or <1 _C.L-=-t-lL ) I J o 20 Sy:--mOL ~. 10 SJ\Jll)U: jl Bag A f,1I / 'J (J co 1.] ()iJ 1!) LH',IT, (q l)}. i ''j'i I, F'J' ~-1 '\ I I ( ) IJ " 1I " ,,1'- or MH 80 90 100 --]~ J ()l~-;-'I."I\ 5 TI CJ TY L1 HIT I 't. J ;J[)EX I " -------r 37.6 15.3 USC SYMBOL CL Fr~^IJK LEE & ASSOCIATES BORING LOGB-1 JOB NO: 93348-81 OAT DR ILL EO~ 8/27/92 SUR FA C EEL E V, : DATUM: JOB NAME: i4F,& 356 T1nion AVliilnue, Campboll EOUIPMENT: DRILLI NG TLuck S A /vi P L .E1i._~l:J:.. MC QBI_\LL~ E I G H T - l 8 140 HEIGHT OF FAL L - IN 30 ~ } i: ---.-- _0- ::-e c c Cl 0 - U'll 4) \- .- C .- - 0 a. "'- ::l C C ....: 4J u;;;-= 0 ~- ::::> .c. De~cription ::; !U ~ U - <lJ U'l '" 0 E z o \- '8 >-Oi a. a.- o () a - 4> '0 o~ 4) ::)- - <.n cno.. :=L u 0 u- .. - ' -- ~-1-1 17 I MC IBrown sandy to silty clay damp, firm , CL i low to medium plasticity j ~-1-2 9 6 \ MC I 8M IBrown gravelly sand damp densli'! I -1 I I I I i I I I \ f--<' I' -\ B-1-3 34 I MC j3rown sandy clay with some gravel moist, ~- tiff low to medium plasticity. CL , fj , 15 -~ B-1-4 74 MC I I Boring terminated at 16~ I 'l feet. I ' I I No ground water encountered. n I-l >0-1"-1 -- ,... - ---.. ..-."--_. - --... _____J ~-. ..------------------ , I " J BORING LOG B-2-2 JOB JOB NO.: 9::314R-Sl NAME: 346 & 356 Union Ave. Cam~bell SHEET DEPTH ; / ~ +- C C (l) 0 (1)1 (l) Ul-' '- C c +- , ,- +- 0 a. ~- ::) ::>.coo-; .c (l) U'(ii '';= E 0 ..- <1l 0>0 +- <1l (f)V) a .... V) ..- >- '- n a. -- (l) '6 c a 0 a CD 0 .... (l) (l) ::>- ,- (1) a. ~ U o~ 0 U -- B-2-' 95 GM Drovn gravelly sand damp, dense. !=:- Boring terminated at 21~ feet. No ground 'iva ter encountered. "..t. ..... I- 7"~ I I ~ ~ - 4-c - I OF TO FT. B-3-1 BORING LOG JOB NO: 93348-81 JOB NAME:346&356 Union Ave. Campbell EQUIPMENT: DRILLING Tru~_____ DATl DRILLED: R/77/Q7. SURFACE ELEV.: DATUM: SAMPLER TYPE: MC DRIVE WEIGHT- L.8 140 HEIGHT OF FAL L - IN 30 ~ C 10 0 - G) '- c - - \1'1 - :l C C - '" a. 0 .- .., ::J 0 .c. '"Vi u '" E z 0 ~ '8 >- - ci a. ..... ., 0 CD '6 C5 ~ ... VI co Po ~ U 0 tn I J--'- ~ ~ ~~ \1 ::)- - u -- - 1B;OY;~- silty clay damp, firm and medium plasticity. CL I i , I \ I I De3criptlon B-3-1 12 MC >-- t B-3-2 14 MC Brown sandy stiff, low plasticity. moist, firm SM 1B-3-4 21 MC 10- CL t1 11 I~ 1 I Brown silty clay,moist, stiff, medium plasticity. B-3-3 27 MC _I \ ~ .J-t7T~ ! l j BORING LOG B-3-2 JOB JOB NO.9:1:148-S1 NAME~46 & 356 Union Ave. Campbell SHEET ? DEPTH 20 OF ? T036 FT. ) ~ - c (1) 0 c (1) VI"'; .... - 'c - . - (/)1 0 a. ~.... ::) c :J.c---: .c Q,) U'U; '';:: E o .... - Q,) 0>(.) - Q,) a Vl - >"Q) ci. A..... (/)Vl a - Q) '6 c a u (])O, 0 o~ C1) :J- ,- (/) ~ U 0 u- 8-3-5 80 MC Brown ':jravelly sand, damp, dense. m1 :;.~- I f- tB-3-6 84 MC Brown gravelly sand moist, very dense. }O - Heavy gravel 7f - BrOIl n gravelly sand, moist very dense. iB-3-7 50-1 " MC Boring terminated at 30 feet. No ground yia ter encountered. /fO - j 8 0 R i ~~ G L.O GB - 4 OAT. DRILLED', 8/27/92 SUR FA C EEL E V. : DATUM: JOB NO:9 3 348 - S 1 JOB NAME?46 & 356 Union Ave '_ Campbell Truck: EQUIPMEN T: ORIL LI N G __________uu__ SAMPLeR ~ MC J?BJyE ~EIGHT-LB 140 HEIGHT OF FAL L - IN 30 ) - ~ c c C) 0 - <J'l\ G '- C .- ~ - 0 Q. 1/1- =' c: --: 4.l U ';;=- 0 ~- -;;; cu :::> ~ U .c. Description E Z - Q) (j')'" 0 0'" 8 >- "; c:1. n. - o (j a - CD '0 tD~ is~ ~ :;) -- ~ ::1 u 0 u- B-4-1 12 MC IBro'\vn sandy to silty clay, damp to CL Imoist, firm, low to medium plasticity, , I I ! -- I I , i I 5 i , B-4-2 29 brown silty sand damp, dense. ~ CMC SM \ , I 10 - B-4-3 30 krown MC silty clay with some fine gravel CL moist, stiff, medium plasticity. I - I \ ! ,..~ I \ : I -1 ! : I I , .~ I I> B-4-4 23 MC I+- I Broun gravelly sand moist, dense. .- GM _)--C'-" -- ,---- ---, ---,------- ------ - --. -.-.-..---------- BORING LOGB-4-2 JOB JOB NO.: Q:i14R-Sl NAME: 346& 3")(') On; on Avp. r.CJmphpll SHEET DEPTH 7. OF ? TO I j ~ - c c <1) 0 C>> ""....: ,- (/)1 0 ~ - c - , - 0. 0 ~- J ~ :)L:",": L: G.l U';; .;: - OlU - G.l 0 E z 0 ~ "" - >- ,- ci. a. - (/)lI'I as CI) '0 S .... Cll q) 0 u 0 :)- .- (,I) a. ~ 0 o~ a U - B-4-5 75 3rown gravelly sand, moist, dence. Me 3M -- 30r i ng terminated at 21~ feet. 0 ground water encountered. ~ - - .' - FT. J , J 8 0 R : > J G L..O G B - 5 JOB NO, 93348-81 D A T l... DR ILL ED; 8 / 27 /92 JOB NAME:346&356 Union Avp-. Campnpll EQUIPMENT: DRILLING Truck SUR FA C EEL E V. : DATUM: SAMPLER MC TYPE:: DRIVE WEIGHT-L8 140 HEIGHT OF FAL L - IN 30 ) -- ~ c c ~ 0 - (/)1 G '- '- :t: - 0 a. 1Il- ::J c: C ~ ~ U ';;::::. 0 .- <l.l :) 00 U .c. OeHription E Z -v; ,- - '" (/)1tI 0 o ... '6 '8 >0- lD c1. a. - :J~ <.) a - CI> CS ~ v - V) CO c.. ~ U 0 u- . -- -- B r 0\, n silty clay moist, firm B-5- 14 CL I d' plasticity. ! me 1 urn MC , I I I f-. , I , I !Brown silty sand ,post. dense. I t : B-5-2 15 Me 8M B-5-3 17 lO- B r Q\,n sandy clay moist, stiff MC CL low to medium plasticity. I I 1 I I : I . I I '-1 ! ! I rj; -r B-5-4 16 MC - w., .L-__..__. '-""""'-.__._.__L-.._._.. L_ l..-_..... ~"___.. .-.-....-. ~ \ ~ j BORING LOG B-5-2 JOB JOB NO. 93348-81 NAME~46 & 356 Union Ave.. Campbell SHEEr 2 DEPTH ~ .... C <ll 0 <II en '- C c .... a. ~ -- :J :J .J::.~ .c <ll E 0 .... <ll C]lU .... Q) '- <J> a. C :>. ,- ci. - 0 CD Q) '6 0 '- <ll <ll (/) a. ~ U 03 0 B-5-5 88 MC ) (J') I g u'(i; .... (f);g ~ :Ju :.;:: GM ~ '- I- - - - - '4- OF 2 TO FT. Grown gravelly sand, moist, dense. I Boring terminated at 21~ feet. ~o ground water encountered.