1766 White Oaks Rd. (83-21)
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June 10, 1985
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.~~\;. I, ~ .l\nas tas i a, have pu'h:hased property on White Oaks
Road from Robert Peter Dubcich. I understand that Mr.
Dubcich has a joint requirement to install street improve-
ments, as spelled out in his agreement with the City'
identified as No. WO(29) and dated March 28, 1984. I am
taking over that obligation and am submitting a letter of
credit for $14,000 to guarantee the completion of those
street improvements by June 1, 1986.
I understand that approved street improvement plans are on
file in the Campbell Public Works office, that a Public
Works permit must be obtained before doing any street work,
and that additional fees and deposits are required to ob-
tain such a permit.
~(',((6(f5
Date
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HELMS
f;,URN 10_
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CITY OF CAMPBELL
hUOfr
70 NORTH FIRST STREET
CAMPBELL, CALIFORNIA 95008
(408) 866-2100
DIAZ
CASE
Department:
Public Works
February 4, 1985
Mr. Robert Reter Dubcich
464 West Campbell Avenue
Campbell, CA 95008
SUBJECT: STREET IMPROVEMENTS AT 1766 WHITE OAKS ROAD,RE W.O. (29)
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Dear Mr. Dubcich:
On March 28, 1984, you entered into an agreement with the City
wherein you agreed to install public street improvements across
the frontage of property known as 1766 White Oaks Road within 12
months. To 'date,flthisoffke has not been contacted relative to
the agreed upon construction. It appears that the date for com-
pletion will not be met.
Since that deadline is fast approaching, and your letter of credit
to guarantee perfor~ance is about to expire, we must insist that
you contact the undersigned by FEBRUARY 15 to make arrangements to
both renew the letter of credit and set a construction schedule for
the work. Failure to make these arrangements by February 15 will
result in our draft going to the bank directing payment on the letter
of credit.
Should that occur, the City will hire an engineer to prepare plans,
then hire a contractor to perform the work. Any costs not covered
by your letter of credit will, of course, be recoverable from you.
We look forward to hearing from you by February 15.
Very truly yours,
Joseph Elliott
Di rector of Publ ic Works
, '1/.1.../
.]/ I./L-
David N. Valkenaar
Associate Civil Engineer
DNV/le
cc: Vivian M. Bracher, 1484 Eddington Place, San Jose, CA 95129
f1adeline D. Littlefield, 6141 1,.Jestview t.Jay, Sacramento, CA 95831
CITY OF CAMPBELL
Department: Publ ic Works
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70 NORTH FIRST STREET
CAMPBELL, CALIFORNIA 95008
(408) 866-2100
February 4, 1985
Ms. Vivian M. Bracher
1484 Eddington Place
San Jose, CA 95129
SUBJECT: STREET IMPROVEMENTS AT 1766 WHITE OAKS ROAD, RE W.O. (29)
r r--
""-------.". .
Dear Ms. Bracher:
On March 28, 1984, you entered into an agreement with the City wherein
you agreed to install public street improvements across the frontage
of property known as 1766 White Oaks Road within 12 months. To date,
this office has not been contacted relative to the agreed upon con-
struction. It appears that the date for completion will not be met.
Since that deadline is fast approaching, and your letter of credit to
guarantee performance is about to expire, we must insist that you con-
tact the undersigned by FEBRUARY 15 to make arrangements to both renew
the letter of credit and set a construction schedule for the work.
Failure to make these arrangements by February 15 will result in our
draft going to the bank directing payment on the letter of credit.
Should that occur, the City will hire an engineer to prepare plans,
then hire a contractor to perform the work. Any costs not covered by
your letter of credit will, of course, be recoverable from you.
We look forward to hearing from you by February 15.
Very truly yours,
Joseph Ell iott
Director of Public Works
1,
JI v{. i/
David N. Valkenaar
Associate Civil Engineer
DNV/le
cc: Robert Peter Dubcich, 464 West Campbell Avenue, Campbell, CA 95008
Madeline D. Littlefield, 6141 Westview Way, Sacramento, CA 95831
70 NORTH FIRST STREET
CAMPBELL, CALIFORNIA 95008
(408) 866-2100
.~~~:~~, :'.... - "-"~=fL."'
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CITY OF CAMPBELL
Department: Pub 1 i c Wo rks
February 4, 1985
Ms. Madeline D. Littlefield
6141 Westview Way
Sacramento, CA 95831
SUBJECT: STREET IMPROVEMENTS AT 1766 WHITE OAKS ROAD ROAD, RE W.O. (29)
Dear Ms. Littlefield:
On March 28, 1984, you entered into an agreement with the City
wherein you agreed to install public street improvements across
the frontage of property known as 1766 White Oaks Road within 12
months. To date, this office has not been contacted relative to
the agreed upon construction. It appears that the date for comple-
tion will not be met.
Since that deadline is fast approaching, and since your letter of
credit to guarantee performance is about to expire, we must insist
that you contact the undersigned by FEBRUARY 15 to make arrangements
to both renew the letter of credit and set a construction schedule
for the work. Failure to make these arrangements by February 15
will result in our draft going to the bank directing payment on the
letter of credit.
Should that occur, the City will hire an engineer to prepare the plans,
then hire a contractor to perform the work. Any costs not covered by
your letter of credit will, of course, be recoverable from you.
We look forward to hearing from you by February 15.
Very truly yours,
Joseph Ell iott
Director of Public Works
fvVV
David N. Valkenaar
Associate Civil Engineer
DNV/le
cc: Vivian M. Bracher, 1484 Eddington Place, San Jose, CA 95129
Robert Peter Dubcich, 464 West Campbell Avenue, Campbell, CA 95008
'11 ')
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RESOLUTION NO. 6714
BEING A RESOLUTION AUTHORIZING EXECUTION OF
AGREEMENT WITH ROBERT DUBCICH, ET AL
WHEREAS, Robert Dubcich, et al, have sub~itted to the City
Council of the City of Campbell an agreement, identified
as No. W.O. (29), which covers certain conditions of appro-
val of the development of their real property at 1766 White
Oaks Road;
NOW, THEREFORE, BE IT RESOLVED by the City Council that the
Mayor be, and he is hereby, authorized to execute said
agreement on behalf of said City.
PASSED AND ADOPTED this 17th day of
1984, by the following vote:
April
AYES: Councilmen: Chamberlin, Ashworth, Kotowski, Doetsch
NOES: Councilmen: None
ABSENT: Councilmen: None
APPROVED:
Mayor
R,l
ATTEST:
~-4!~
Anne G. Coyne, Clty Clerk
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c;lJ3/g fJ .,
Ie:. CITY CUEAK
PLIEASE CCI L.E.cT NIfO REca I Prf
.JI'Qt 'tHE F'~I'" MClNI a
P... FlU".,
Yi!o(z ,)
ACCT.
ITEMS
PRELIMINARY ENVIRCMENTAL IMPACT REPCRT FEE ,( lZOO)
STa.M DRAINAGE _U FEE p~ ACRE (R-I. 11.875;
MULTI-RES., 12,010; ALLonER., 12,110)
PLAN EXAMINATION AND CQIIS'lWUCTION INSPECTION FEE
(7.. OF' VALUE)
3372 TENTATIVE PARCEL MAP FILING FEE (1250)
3J72
.@.
G;J
3372 TENTATIVE TRACT MAP FILING FEE (12.0)
3372 FINAL PARCEL MAP FILING FEE ($230)
3372 FINAL TRACT MAP FILING FEE ('230)
3 J 7 2 VACAT ION OF PUBL I C STREETS AND EASEMENTS ('380)
3372 ASSESSMENT SEGREGATION OR REAF'PCRT I ONttENT ( 1350
FOR FIRST PLus. '110 EACH ADDITIONAL)
3372 LOT LINE ADJUSTMENT FEE/CERTIFICATE OF COMPLIANCE ($250)
3395 PARK DEPICATION IN-LIEU FEE 'PER UNIT ($ltOI2.00t)
3373 COPIES OF ENGINEERING MAPS AND PLANS ($.50 PER SQ. FT.)
3373 WORK AREA TRAFFIC CONTROL HANDBOOK ($2); ADDITIONAL ($1.50)
3373 PROJECT PLANS AND SPECIFICATIONS ($10)
3372 EXCAVATION PERMIT APPLICATION FEE ($35)
3373 GFNERAL CCX\IDITlas. STD. PROVISlas ,. DETAILS
($10; OR $I/PG)
3521 CASH DEPOSIT
352 I F AI THFUL PERFORMANCE DEPOS IT
352 I MA I NTENANCE BOND DEPOS I T
3520 FIRE HYDRANT MAINTENANCE ( $IU/EA)
3510 POSTAGE
O"nER
TOTAL
~ ......
G:, foe> I t1!:> 0
2- 42. '2...00
, r~4ZZ,cDO
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NAME 7ZoL:,~yf p J)u~(:I',"I., 5 V"VLc::\.&"'\
ADDRESS~ W. Ca. ~ f b4r {(
M, "U rad,,.,.. PHONE 37 8-- "3 b ~ 7
ZIP *7 s-006"
FOR
C I TV CLERK
ONLY
RECEIPT NO.
AMOUNT PAID
RECE J VED
DATE'
.JULY 1983
CITY OF CAMPBELL
~~
~/
75 NORTH CENTRAL AVENUE
C AMP BEL L. C A L I FOR N I A 9 5 0 0 8
(408) 378.8141
~t !t
..-----
Department: Pub 1 i c Works
December 12, 1983
..
Mr. Robert Dubcich
464 West Campbell Avenue
Campbell, CA 95008
SUBJECT: MINOR SUBDIVISION--1766 WHITE OAKS ROAD
Dear Mr. Dubcich:
Enclosed are new copies of the agreement to install street improvements
and the faithful performance bond. These have been revised to reflect the
reductions negotiated by your attorney, Mr. Kilian. The estimated cost of
improvements has been reduced by $12,550, from $54,300 to $41,750, as a re-
sult of deleting the items for storm drainage. Consequently the fee for
plan check and inspection has been reduced to $2,922.
The storm drainage requirement is to be satisfied by payment of $6,500.
Please return two copies of the agreement, signed and notarized, with one
fully executed bond. The additional copies of each are for your records.
Very truly yours,
Joseph Elliott
Director of Public works
James Penoyer
Engineering Technician
JP/le
cc: Charles T. Kil ian, Attorney
J. Robert Dempster, City Attorney
MINOR SUBDIVISION--1766 WHITE OAKS AVENUE
APPEAL OF CONDITIONS OF APPROVAL
RECOMMENDATION: That the City Council consider additional informa-
tion submitted by the City Attorney.
DISCUSSION: A meeting was held during the week of November 28 at
the City Hall attended by Bob Dempster, City Attorney; Joe Ell iott;
Bill Helms; Chuck Kill ian, attorney; and Robert Dubcich, the appl i-
cant. No agreement was reached during this meeting regarding the
legalities of the conditions of approval. However, both parties
agreed to research points of information raised prior to the City
Council meeting of December 6.
I
PREPARED BY
PUBLIC WORKS
AGENDA December 6, 1983
MHIOR SUBDIVISIOrl--1766 \.n-lITE OAKS AVENUE
APPEAL OF CO:JD I T IOtJS OF APPROVAL
RECOIV1CNDATION: That the City Council uphold the staff conditions
of approva 1 .
DISCUSSION: A letter was received by the City on October 26, 1933,
from an attorney representing t1r. Robert Dubcich, et al, regarding
conditions of approval of their minor subdivision on White Oaks
Avenue, relating to storm drain construction. That storn drainage
requirement was a part of the standard street improveQent require-
~ents nor~lly im?osed on a subdivider as a condition of final ma?
approval. Staff \'Jill be ::>re?ared to review with the Council the
basis for that storm drainage requirement.
COST: -0-
I
PREPARED BY PUBLI C WORKS
AGENDA November 15, 1983
CITY OF CAMPBELL
MEMORANDUM
To:
Edward G. Schill ing, City Manager
Date:
November 8, 1983
From:
Joseph Ell iott, Director of Publ ic Works
Su~ect: MINOR SUBDIVISION--1766 WHITE OAKS AVENUE
APPEAL OF CONDITIONS OF APPROVAL
----------------------------------------------------------
On May 13, 1983, approval of a tentative parcel map (copy attached) was given by
the Planning Director and the Public Works Director, in accordance with Section
20.20.060 of the Campbell Municipal Code, for a minor subdivision on the Lands of
Dubcich, located at 1766 White Oaks Road. Included in the I ist of conditions of
approval is the requirement that the appl icant must comply with the provisions of
Title 20, Subdivisions, of the Campbell Municipal Code. Section 20.08.140 states,
i n pa r t, t ha t :
In any case where land is subdivided into four or less lots or parcels,
a parcel map shall be submitted in the same manner as provided in this
chapter for subdivisions for approval as to area, improvement and de-
sign, flood and water drainage control, and as to all other require-
ments of this chapter.
Upon approval of the tentative map, the applicant was advised of all conditions of
approval, including construction of offsite street improvements across the White Oaks
Avenue frontage of the minor subdivision. The street improvement requirements were
defined as standard City street improvements, including curbs, gutters, sidewalks,
street 1 ights, street trees, roadway structural sections, pavement conforms, water
mains and services, sanitary sewers and laterals, and storm drains in the easterly
one-half of White Oaks Avenue extending across the entire frontage of the proposed
subdivision.
On September 7, 1983, a .street improvement plan submitted to the City by the sub-
divider incorporating all of the above requirements was approved by the City Engineer.
An agreement and faithful performance bond (copies attached) have been prepared for
execution by the subdivider based on those improvement plans. These documents would
need to be submitted to the City prior to the fil ing of the parcel map in order for
the minor subdivision to be complete. The approved plans and the faithful performance
bond estimate both indicate 210 feet of 21" reinforced concrete pipe storm drain to be
constructed as a part of the offsite improvement plan.
It is standard practice in the City of Campbell that storm drain pipel ines which are
master-planned for any street are constructed in development frontage segments as a
part of the standard street improvements required of the developer along the frontage
of his property.
The above information is cited as the basis for the storm drainage construction re-
quirement in connection with the subject minor subdivision.
BMH/le
attach.
(
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CITY OF CAMPBEll
75 NORTH CENTRAL AVENUE
C AMP BEL L, C A L I FOR N I A 9 5 0 0 8
(408) 378.8141
Department: Planning October 3, 1983
Mr. Robert Dubcich
464 W. Campbell Ave.
Campbell, CA 95008
RE: 1790 White Oaks Road
Waiver of UndergrOlmd Utilities
Dear Mr. Dubcich:
Please be advised that Mr. Helms, representing the City Engineer, and
I have inspected the referenced property, and have approved your
request of September 28, 1983 for waiver of mdergrmmd utilities at
this time.
If you have any questions, please do not hesitate to contact the
Planning Department.
Sincerely,
AR1HUR A. KEE
PLANNING DIRECTOR
#~ Jt11J~
PHILIP J. STAProRD ~
PLANNER I I
ld
cc: Public Works Department
Building Department
TO WRITE MESSAGE
REPlY LETTER
TO SEND REPLY
WRITE REPLY IN BOTTOM H
(PART 2) IN OUTGOING MAil,
ETAIN WHITE COpy FOR YOUR FilE, PLACE YELLOW COPY
WRITE MESSAGE IN UPPER HALF, REMOVE PINK COpy (PART YOUR FILE, PLACE REST OF
SET IN OUTGOING MAil, PART 2 Will BE RETURNED WITH ," ~Y,
City 0/ Campbell
75 NORTH CENTRAL AVENUE CAMPBELL, CALIFORNIA 95008 PHONE 378-8141
FROM
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CONTRACT DOCUMENTS INFORMATION SHEET
IIFor Construction of Project D~-"'2 \
\:>l-+~se I
Original ~-,4 -'63
Revision #
l\) \+tTeO/';;,.\~"" 'STO \L.M
A.
Project Title
II
B.
1. Council approval of plans date:
2. Advertising dates: Sel-'T.
SePT. ~, \qb?.:-
\A-, ~ L\, \q~~
,
(Minimum 2 times, last date to be within 7 days of opening)
3. Bid opening day, date and time TUE--s.1"':::>""-i \ SE-PT. "7..1, \'10"3:
PH.
--~ . ....)
'""" 1&'"
4. Anticipated award date: (~) c.-r. 4-, t:::18"7:;
C. 1. Use State Standard Specifications dated J~ ~\..)I:--,. 1'2.. '-i \(..1 ~ \
2. Use State Standard Plans dated
--
3. Use Equi pment Rental Rates dated . \ () L'-( T\4 t2..\) t::.ie c.. e t'''l r~ 8>\2- ,1'Z'::"'?_
D. Bri ef descri pt i on (scope) of proj ect: CO LY: -n )_\ ) ('T \ (' k~ 0 ~
--::TO t..::..r-/\ \:)12.,..L:::? \ ~ t>..(~E ~~C.l L IT (~-" h U L.. Tri..{:~'L)C-~'-:
f2€--:.u rz.F/~ c..t U c=,
E. 1. Exact title from plans: IICity of Campbell; Department of Public Works;
Plans for Construction of
PI'LO) e-c.... T 4Q~ - '-I
\....,J) 1-4l'TE O/'~,\c::~ <~':'r{~)k'...t-, \ \"'i-,~!: :~c T.
II
2. Approved -s e= 1~1, Co I , 19 '2,~,
(Approved date will normally coincide with the City Council's authorization
to advertise date.)
F. Attach City Engineer's Estimate of Quantities... include contingency amount.
cc: J. Ell i ott
B. Helms
D. Va1kenaar
C. Case
L. Pena
Designer
Project Designer '...:.... ,qOl..._'! E -2...-
Project Engineer~
Date 8.-'L4- -'0:.
Da te g--t- b~i
~~,-
(~
CITY OF CAMPBELL
75 NORTH CENTRAL AVENUE
C AMP BEL L. C A L I FOR N I A 9 5 0 0 8
(408) 378-8141
Department: Sui 1 ding
Da te .)C/Gj. 'Z s; /9 t3
SUBJECT: Application for Building Permit
FROM: Building Department
APPLICANT'S NAME J(;;Bcer VdS(!/C t-/ Phone .37g-3Gcj 7
APPLICANT'S ADDRESS 4tP4 a.J. {!/Jm,aL3C=-LL /f//E ~.4/J1r'.&=LL
I
BUILDING ADDRESS /196 tu#; TECJA-K:. 5. i2:D.
PLANNING COMMISSION APPROVAL S-
X3.
Assessor's No. -113-1.5 IILI
Application for a building permit has been received, and this
notice is being sent to the agencies listed below for any comments
or suggestions. One set of building plans is on file at the
Building Department for review.
Applicant has been informed that he may not receive a permit to
build until he received clearances from the agencies checked below.
1.
Sanitation District No. 4
100 E. Sunnyoaks Ave., Campbell, 378-2407
Supply one set of plans for industrial and commercial developments.
Return yellow copy of sewer permit to Building Department.
Fire Marshal's Office
123 Union Ave., Campbell, 378-8141, Ext. 227
Supply one complete set of building plans.
Public Works Department
75 N. Central Ave., Campbell, 378-8141, Ext. 220
Supply one set of on-site drainage plans.
2.
4. Planning Department
75 N. Central Ave., Campbell, 378-8141, Ext. 236
5. Environmental Health Services
Pete Nardini
2220 Moorpark Ave., San Jose, 279-6060
CONSTRUCTION COST ESTIMATE FOR
T>Uht' / (.' H -~ W.O" RD. Date ,1-2'8-63
~~D
Surface Construction
Clearing and Grubbing
Saw~n(;f'et~
G9nc~te Relllo.ll'l
Gurb,'41 no-'-GutteHelIIOVlr 1
I~l~t 9rai~ Wl~~
Curb and Gutter
Sidewalk
Driveway Approach
~l!l i (,a,. RSlll~
PC-Fe:: CT.
Lump Sum
L.F. @ $ 3.50
S,F. @ 2,50
L.F, @ 8.00
EA, @ 400.00
201 L.F. @ 12,00
~4; S.F. @ 4,00
57b S.F, @ 6.00
EA, @ 600,00
Barricade IS" L.F. @ 40,00
A.C. Pavement inc. Excavation ("3 (,( 0 S. F.) (51. 1 0) (~")
Ad;; In t Manh&+e-te-Grede-
M.;1nt--tlandhv 1" Lv Grad!'!
Monumpnt i8K ~ t1a..WMc*
Street Tree (15 gallon)
Pavement Striping
~At-Legends
~IlP1'-Street- Name or-othel" ,5-igll'
Psvement-Marf(E!rs
P a vement-Key--t'tlt
t. I
/ c.-Vcr ax
~ con-Fo rY1
Street Lighting
Electrolier
Ctmttun-
Conductor, pa i r-
Pull Box
Storm Drainage
~r-l5!!-R€f'
18" or 21" RCP
Strel!t'"1ll1n
~o.le
S-hrnt-f'lftl!r'~
7)r~y t.-v f ,I /
Revised 1/20/82
EA. @ 400,00
EA, @ 300,00
EA. @ 300,00
3 EA, @ 175,00
:l../:J L.F. @ 0.80
EA. @ 100.00
EA. @ 100,00
EA. @ 12,00
L. F, @ 5 , 00
/4- T~ 4-0
EA, @ 3,000.00
L.F, @
9.00
3.00
L.F. @
EA, @ 250,00
L.F. @ 45.00
.210u. @ 55.00
EA. @ 1,000.00
EA, @ 1,200.00
EA. @ 500.00
I LA. (<'1 I otJO
TOTAL ESTIMATE
USE FOR BOND
7rb
By [.$VI/vet!(
2,on6
,
.2,4-12-
.2 57 Z.
,
,~ 4-S~
t,O()
Z ~ e..o9
5'7-5
17,~
SGO
~ooo
2.50
/ I -)"50
"
I
I
, ---.r
1.000 l '2./ j "S--O
, ----~--- -
s 54 3t>'
s 5'4300
,11 3,,801
4 J... 7 J ~D
y
2;. cy 2... 2-
TO: CITY CLERK
Please collect and receipt
for ,the following monies:
Acct. I terns
3372 Preliminary Environmental Impact Report Fee ($200)
3370 Storm Drainage Area Fee per acre (R-I, $1,875;
Multi-Res., $2,060; all other, $2,250)
3372 Plan Examination and Construction Inspection Fee
(3-1/2% of value)
3373 Copies of Engineering Maps and Plans ($.50 per sq. ft.)
3373 Work Area Traffic Control Handbook ($2); additional ($1.50)
3373 Project Plans and Specifications ($10)
3372 Excavation Permit Application Fee ($35)
3372 Excavation Permit Fee (3-1/2% of value)
3521 Cash Deposit
3521 Faithful Performance Deposit
3521 Maintenance Bond Deposit
3372
3372
(~
3372
3372
3372
3372
3372
P. W. FILE NO. \,v 0 {'2.?,
'/
Amount
Tentative Parcel Map Filing Fee ($85)
Tentative Tract Map Filing Fee ($170)
Final Parcel Map Filing Fee ($170)
Final Tract Map Filing Fee ($140)
Vacation of Public Streets and Easements ($380)
Assessment Segregation or Reapportionment ($350
for first plus $110 each additional)
Lot Line Adjustment Fee ($225)
Certificate of Compliance ($250)
\ -, 0 o-E-_
TOTAL
00
\10 :..---
$
Name 12 ob!.r- t
Address .4.'-4 'W.
P. ~l)6c-~~h
Cnl11r~({
Phone "3 -, 0- "3 tp ~ 7
Zip ?jb(!;>~
Receipt No,
Amount Paid
Received by
Date
/68Lf.:s-
,.g I 7 t) , 0,..9
Q4-
16 f' '-I- ~ "-2/-83
FOR
CITY CLERK
ONLY
July, 1982
CI'TY OF CAMPBELL
75 NORTH CENTRAL AVENUE
C AMP BEL L, C A L I FOR N I A 9 5 0 0 8
(408) 378-8141
Department: P1arming
May 13, 1983
FM 83-01
APPROVAL OF TENTATIVE PARCEL MAP
LANIS OF ruBCIrn ET AL
APN 413-25-127
1766 WHITEOAKS RD.
Final map thereof shall be filed with the City Engineer for examination
approval and recordation in accordance with the provisions of the Sub-
Division Map Act.
Approval subject to conditions as per attached list.
APPROVED BY mE PLANNING OF mE CITY
OF CAMPBELL, SUBJECT TO ArrAmED
CONDITIONS, ON MAY 10, 1983
4iJ.- 4 . K.-.
AR A. KEE
PLANNING DIRECTOR
APPROVED BY THE CITY ENGINEER OF
lliE cm OF CAMPBELL, SUBJECT TO
ArrAmED CONDITIrnS, ON MAY 16, 1983
JbsiK~~g
DIREO'OR OF PUBLIC WORKS
MANDATORY FINDING: This Tentative Parcel Map, together with the pro-
vlsions for its design and improvement, is consistent with the General
Plan of the City of Campbell.
MEMORANDUM
CITY OF CAMPBEll
To
Arthur A. Kee, Planning Director
Dale ~(\~ 9..... I ~ 8"'"3
Frnm' Joseph Ell iott. Director of Pub I ic Works
TENTATIVE PARCEL MAP
Subject: LANDS OF 'V O-gc \C H ~ -t C\ I
A.P.N. ~ I'> - '7-5- 1-;2..1
17 ~ ~ Wh ire oo\c.,S "'R,J.
This office recommends approval of the proposal. subject to the following
conditions:
1. File a parcel map in accordance with the provisions of the State
Subdivision Map Act.
Installation of a sanitary sewerage system to serve all lots within the sub-
division in conformance with the proposed plans of the County of Santa Clara
Sanitation District No.4. Sanitary sewerage service to be provided by said
'2... Distr'ict No.4.
Installation of a water distribution system to serve all lots within the sub-
division in conformance with the plans of the San Jose Water Works.
Water service to be provided by said water company. Fire hydrants and appurte-
nances shall be provided and installed at the locations specified by the
Fire Chief, Fire Department. City of Campbell. Fire hydrant maintenance
fees shall be paid to City at the rate of $195 per fire hydrant.
3.
Subdivider shall create or provide any public service easement and any other
public utility and/or public service easements as may be necessary for the
installation of any and all public utilities and/or facilities.
~.
--
j .
Compliance with the provisions of Title 20. Subdivisions of the Campbell
Municipal Code.
~.
Subdivider to pay Storm Drainage Area Fee.
Subdivider to furnish copy of Preliminary Title Report.
Subdivider shall (install street improvements and post surety to guaranty
the work) ~XQ(utQ iR a9~ee~cRt ~Q~ p^rt &~ret) te ;~sta11 stp@st impr~-
i. .j:Ijtnt! ,,, the: ftltl:1\ e alld .o8~ree ts jeil, a Lee:al ImfH'QVQmeRt Bi!t. kt).
x.
~.
Dedicate additional right-of-way to widen ~~ 1<.o~l to
__.-.:a 0 feet from centerline.
Obtain an excavation permit and pay fees and deposit for all work in the
public right of way.
Bv; BILL M. HELMS
TO: CITY CLERK
Please collect and receipt
for the following monies:
Acct.
P.W. FILE NO.
~(A
Items
Amount
3372 Preliminary Environmental Impact Report Fee ($200)
3370 Storm Drainage Area Fee per acre (R-l, $1,875;
Multi-Res., $2,060; all other, $2,250)
3373 Copies of Engineering Maps and Plans ($.50 per sq. ft.)
3373 Work Area Traffic Control Handbook ($2); additional ($1.50)
3373 Project Plans and Specifications ($10)
3372 Excavation Permit Application Fee ($35)
3372 Excavation Permit Fee (3-1/2% of value)
3521 Cash Deposit
3521 Faithful Performance Deposit
3521 Maintenance Bond Deposit
3372
~
3372
3372
3372
3372
3372
3372
Name
Address
Plan Examination and Construction Inspection Fee
(3-1/2% of value)
Tentative Parcel Map Filing Fee ($85)
Tentative Tract Map Filing Fee ($170)
Final Parcel Map Filing Fee ($170)
Final Tract Hap Filing Fee ($140)
Vacation of Public Streets and Easements ($380)
Assessment Segregation or Reapportionment ($350
for first plus $110 each additional)
Lot Line Adjustment Fee ($225)
Certificate of Compliance ($250)
8' -S~ ~
TOTAL
$
Y5-
~
--
~ D bp~ ~
LJ "1 \1\/.
-p. "D0bc.\~~
CaluibeU
Phone
37 rs-- '3 r.o 47
Zip 9' j-otC8"
FOR
CITY CLERK
ONLY
Receipt No.
Amount Pa i d
Received by
Date
/ ill 0 ~ ~
B -(.) 0
:J"--"
O-L
51 i 183
July, 1982
INTER.orflCE MEw.Onf\I~DUM
DATE:
January 31, 1977
Robert J. Wheeler, City Attorney
TO:
FROM:
Ronald J. Cote, Asst. City Attorney
SUBJECT: APPEAL OF PROMETHEUS DEVELOPMENT CO. AS TO
AMOUNT OF SEWER AND WATER MAIN FEES
Prometheus Development co., developer of a 5.88 acre
corner parcel of property at the intersection of Middlefield
and Stier1in Roads, is appealing the imposition of sewer and
water main subdivision fees on the basis that calculation
used in determining the fees did not take into account the
unusual configuration of the subject site.
The power of a charter city to impose charges in
exchange for the granting of approval for the development of
property would seem to arise out of two sources: the authority
of a local entity to regulate the design and improvement of a
subdivision; the exercise of a charter city's municipal poweiS.
The power to impose charges on a subdivider in exchange
for subdivision approval arises out of the grant of authority
to cities to regulate the design and improvement of new sub-
divisi6ns. The state has preempted the field ~f subdivision
approval in all respects, except as to design and improvement.
Santa Clara County Contractors etc. Assn. v. City of Santa Clara,
232 C.A.2d 564. Thus, a city ordinance which imposes a fee as
a condition precedent to the approval of a final map anrl
subsequent issuance of a building permit, is valid only if the
purpose of the fee is to regulate' the design and improvement
aspects of that proposed subdivision.
However, the court in the Santa Clara Contractors' case
invalidated a charge imposed upon a developer of a subdivision
to be placed into a recreation fund for use sometime in the
future for city park and playground sites. "The purpose and
intent of ihe Subdivision Map Act is to provide for the
regulation nnd control of the design and improvement of a
subdivision with a proper considerdtion of its relation to ad-
jOining areas, and flat to Qrovide funds for the benefit of an
en t ire city." rT> a 9 e- 5 ,-zr '
In each of a line of cases cited in the Santa Clara
County Contractors' case, the court in each case invalidated
'I."j
.~
Robert J. Wheeler
-2-
January ~1, 1977
local ordinance provisions for the imposition of charges
against property owners to be used at some future date for the
benefit of the general populace of the city.
I n ~ if! e v. C 0 u n c i J 0 f C i t Y 0 f Los An gel e s (1 9 60) 1 7 7 C. A .
2d 157, 170, the court stated that the imposition of a second
and additional sewer connection charge upon subdivider was .
unrelated to the purpose of regulating the design and improvement
of that subdivision and therefore invalid. In Newport Buil~
~~~p.~-Y~_fitY__Qf~~~~~~n~~, 210 C.A.2d 771, the court invalidated
a business license tax imposed upon each new lot created in a
subdivision, as the tax was a revenue device, unrelated to the
design and improvement of the subdivision itself. In Kelber v.
n;:i,l~ of Upl and, 155 C.A.2d 631, the court inva1 idated the------
J imposition of both a park fund fee and a subdivision drainage
fee lIin lieu of the construction of drainage structures outside
tthe subdivision", as both these were purely "fund raising methods
for the purpose of helping to meet the future needs of the entire
city for park...and for drainage facilities...." (Page 638)
In a much more recent case, the California Supreme Court
in Associated Homebuilders etc., Inc. J. City of Walnut Creek,
4 C. 33, upheld the city's right to exact from subdivider a
park fee even though the court acknowledged that the particular
subdivision did not alone create the need for the dedication.
Rather, the court reached the opinion that exa~tions imposed on
a subdivider 1I...can be justified on the basis of genera] public
needs for recreation facilities caused by present and future
subdividers.'1I (Page 638) (See also City of Buena Park v. Bo~,
186 C.A.2d 61.) ,
The court a1~o expressed its opinion that the need for
sewers, streets and drainage facilities by those who would live
in the subdivision unquestionably were needs even more 'directly
related to salutary purposes than even the need for parks.
(Page 641)
The court in W~nut Creek cited with approval the AY~~~_~
City Council of Los Angeles, ,34 C.2d 31 case which was decided as
ea-ilya'-sUlglrg-.--rii-Ay-res-:--the s'ubdivider \<Ias required to dedicate
1 and for the f u t u r e - . d-e- v'e lop men t ( wid e n i n g) 0 f a s t "e e t by c i t.Y a t
the t i 01 e 0 f the c i t Y 's c h 0 0 sin g, and the s t r e e two u 1 d be use d by
both the general citizenry and benefit the residents in the
subdivision. According to the court in t-.y_~c;~_, the \'Jords "desiyn
and improvelllent" as used in the Subdivision Map Act would include
reasonable provisions for drainage, sewers and water mains.
(Page 36) ,
With and sincp ^'yr'p~, the cuurts have upheld the cXilction
o f c h iI r q (' S. .J ~; C () n c1 i t ion $ tot h e' i s S U d nee 0 f sub d i vis ion
upprovJl. so long as tlte COUt"t fillds SOllie rc1ation~hip behJ(~('n
thl' rh.lrq(\ llnd the' np('dc, of the' subdivision for addilional
p u h 1 i c ~. C' l'V i U' < "" tlt u" f u C 1 1 1 t 1 ('~. .
Robert J. Wheeler
-3-
January 31, 1977
A second line of reasoning supporting the imposition of
sewer and water main fees for subdivision approval arises out
of the case of _~.9-.!:1..9,r:..t.9,.9~-I~ta~_~~_Sity'_of Los An..Q..~e,~(1960)
183 C.A.2d 533, where the court held that the imposition of such
a charge was a proper exercise of the municipal powers which
"the Subdivision Map Act does not preclude...." (Page 539) In
.hQ!!..9.~~, the municipal code provided for outlet sewer charges
for new subdivisions. Since the demand for payment of the
charge "...did na.t relate to the contents of the subdivision map
in the sense of requiring that (subdividers) put something into
the map or removed something from it, but related to fixing the
time (subdividers) were to do something required by the municipal
code. the action by the city was not inconsistent with the
Subdivision Map Act." (Page 538)
The court went on to say that it is reasonable to require
that any new subdivision "...pay (its) fair share of the cost
of expansion, repair and replacement made necessary, in part',
by (its) share in the use of (a) vitally essential service."
(Page 540)
During my review of the California case law, I was unable
to find a case on the point raised in the appeal by Prometheus
Development Co. -- reasonableness of the exactions. However. I
have revie~:ed to a limited extent the somewhat analogous issue
in the area of assessment district law.
In ~~ciated Homebuildersv. City of Livermore,' 56 C.2d
847, the Supreme Court validated a tax imposed on the issuance
of a building permit to pay for expanding the sewer system of the
city. The tax which was denominated as a "connection charge
for the p r i v i 1 e 9 e 0 f con n e c tin 9 tot h e c i t Y 'I sse w e r s y s t em II was
validated by the court as it found the tax to be commen,surate
with the burden to be imposed on the facilities of defendant's
sewer system and therefore to be reasonable.
The court distinguished its earlier case of fi~y of L~~
~,~J.es v. Offner:, 55 C.2d 103, where,the earlier court had
invalidated a S400/acre outlet sewer charge against property
owners in an assessment distric~. In the earlier case. the
co u r t had i n val i d ate d the 0 u t 1 e t s e \., e r c h a r 9 eon the bas i s t hat
such charge f~iled to represent an expense directly related to
the purposes of the formation of the assessment district.
Qff~e~, page 110.
In the instant case. the court reasoned that the charge
represented an excise tax for the privilege of connpcting tv a
city's sewer facility. (lnd not ('n aSSpSSIlIC'lIt on thl' viilllP of
property within the assessment district.
In (, 197G asseSSIII('llt distl'ic:t cj)~e. the Califonlia SUpl'l~lIjl'
Court held thtlt it \'/ilS rCt1S0niJl> 11' to r'l'quin~ the property OIIIl('re,
Robert J. Hhcclp.r
- 4-
January 31, 1977
to finance the ~acQuisition of capacity and disposal rights and
the right of service and use in sanitary sewerage collection.
transmission, treatment, outfall and disposal facilities of the
City of Palo Alto.~, since the property owners ~ou1d benefit by
obtaining service and use of a modern se\'Jer system. ~~,?_~n_~_~_
I.o_~_n _~ Los. ^ 1 t 0 s H ill.?" 1 6 C. 3 d 6 7 6, 6 86 .
"So long as special benefit to the property assessed'
resulted from the ex~enditure of public funds (the
Supreme Court saw) no reason why the public entity
should be foreclosed from looking to those so benefited
from shouldering all or oart of the cost...." (Page 688)
--l. __.________ ~
Ronald J. Cote
crh
,/
.
.,