1270 Burrows Road (95-12)
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RCH ARQ
CITY OF CAMPBELL
Public Works Department
Date:
December 3, 2001
TRANSMITTAL FROM THE PUBLIC WORKS DEPARTMENT
TO:
Danis and Mary yadegarmooshiabadi
1270 Burrows Road
campbell, CA 95008
FROM:
Marlene pomeroy, Department secretary
SUBJECT:
1270 BurrowS Road
We are fOlWarding the following:
Copy of recorded Notice of Release concerning previously
recorded Deferred street Improvement Agreement.
Remarks:
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J :\FORMS\CETRANS( EXC EL)
TEL 408.866.:'.150 E.\\ 408376.0958
fill) 408866.:'.790
70 North First Street C;:\mpbel1. C;:\!iforni;:\ 95008-1436
:0 Be l?eCOf?D~O vnr:_~OUT Ft!
Sf: ION .510~ GOVl'::R!.li\'.1Et'JT CODe
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ATT;:::F2 C~I j. '_, ,_ '-0
Recording Requested By:
City of Campbell
DOCUMENT: 15910353 Titles : / Pages 2
) 11'"fll"J'U~"" Fees . No Fees
) Taxes
) Cop I es ___
) 9i8(115'910353.:o: AMT PAID
)
) BRENDA DAVIS Ref: I:t 01 1/0; 5
) SANTA CLARA COUNTy RECORDER '0//5/260/
) Recorded at the request of 828 At-':
) CI ty
)
And When Recorded Return To:
City Clerk
City of Campbell
70 N. First Street
Campbell. CA 95008
NOTICE OF RELEASE By
CITY OF CAMPBELL
(Space Above This Line Foe Recoedee's Use OOly)
That, wheeeos, said cond;,ions of said Ageeemen, en'eeed in,o by Gee"a", I. Smi'h and Danis
and Maev Yade"annooshiabadi as sncee"o", have been met '0 'he Satistilction o['he Ci'y
That, wheeeos,said Peopeny 'cans/heed '0 Danis and Maey YadegannoosIliabadi On July 7, 1998,
and 'be eequicemen" of , he Delerred Steee, Impeovement Ageeement passed to 'he SUCcessa"" said Danis
and ivTary Yadegarmooshiabadi.
That, wheeeas, ~, enteeed into a De/erred S'eeet lmpeovement Ageeement
W;,h the City of Campbell, eecaeded Decembee 8, 1997, Doc",n'''U12~, in 'hc Office of the
COuntv Recoedee, County of Santa C1aca, State ofCalilomia.
NOTICE IS HEREBY GIVEN conCeening the eeaI Peopen}' daseeibed in deed eeeoeded July 7.
1998, and filed in BOok 641 of Official Recoeds at page 36 in the offiec of the County Reeoedee. COUnt,
of Santa Claea, Sta" ofCalifoenia, which Peopeny is commonly kno"n as 1270 Bueeows Road.
IN WITNESS WHEREOF, said City has caused its name to be affiXed by ;'s Public Woeks
Dicectoe and City Cleek. who ace dUly aU'ho,;zed by Oedin.nce /95/ adoP'ed Septembee 2, /997.
Tha" Now Theee!oce, GREGORY I. SMITH and DANIS MiD MARY
I' ADEGARlvIOOSHIABADI, AS SUCCESSORS, ace heeeby edeased feom all cequiceme",s COntained
in tbe a oeeement eecoeded Decem bee 8, 1997. Documen t 1396827 5. in said C ou n ty ReeDed,,' S Office.
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A TTEST:'-- / /)
C~~<'-
Anne BYbee. City Clerk
(Attach Notary ACknOWledgment)
h 'pmjo""",02p/'30''''.,, / 27Db.."",,, "miooor "eI'"~1 mp /
STATE OF CALIFOR.\1IA
CbUNTy OF SANTA CLARA
On
October 4, 2001
- before me,
Marlene K. Pomeroy
personally appeared _
Robert Kass
(Notary Public)
personally known to me (or Pmved to me On rite basis of satisJactory ovide"",,) to be rite Fers<>n(s) woo" !lame( s) Ware
SUbscnbed to rite within instrument and ackoowledged to me that beJsbeJrltey e><CUred rite same in hisinerldJeir
authorized ""Pacity(j"i and that by mSlber;riteir si~S) on rite instnnn.nt, tbe persor.(s), Or rite entity Upon behali
of which the person( s) acted, ~'0Cnted tlte instrument.
-----
WITNEss my hand and official seal.
~~
(;)lgIlature 0 ~. ~VH'-)
.... ~ - ~---~"1f-c.'1
MARLENE ,I( POAl.Ei(CY
Commission it 121 B428
Notary PUblic - CC!jfcxniQ j
Santa Cfo'U County _
My Com;n. G;:-h::s \'cy 6. Z:03 _
Notice of Release
1270 Burrows Road
(This area for notarial seal)
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r-lkCH;\R'V
CITY OF CAM.PBELL
Public Works Department
May 18, 2000
Danis and Mary Yadegarmooshiabadi
1270 Burrows Road
Campbell, CA 95008
Re: Deferred Street Improvement Agreement - 1270 Burrows Road
Burrows Road/San Tomas Aquino Road Reconstruction Project 98-02 Phase II-C
Dear Mr. & Mrs. Yadegarmooshiabadi:
In October of 1997, your property at 1270 Burrows Road was substantially redeveloped. The
property owner at that time entered into a Deferred Street Improvement Agreement with the
City of Campbell, which obligated you, a future property owner, to install City standard street
improvements across the frontage of 1270 Burrows Road at such time as called upon to do so
by the City Engineer. Please consider this letter as your call to fulfill this obligation.
As you know, the Burrows Road/San Tomas Aquino Road Reconstruction Project will begin
construction this summer. The City has received bids from contractors to complete this work
and will consider awarding a contract for the construction of the project to the lowest bidder at
the June 6, 2000 regularly scheduled City Council meeting.
To fulfill your obligation as described in the Deferred Street Improvement Agreement, the City
will accept reimbursement for the actual cost of installation of the curb, gutter, sidewalk and
driveway improvements installed by the City's contractor. At this point, the estimated sum for
these improvements is as follows:
Description Quantity Price
Curb and Gutter 16 L.F. $ 384.00
Sidewalk 17 S.F. $ 91. 80
Driveway Approach 84 S.F. $ 642.60
$ 1,118.40
Upon completion of the project, the City will invoice you for the total amount of the
improvements installed, as estimated above.
70 North First Street. Campbell, California 95008-1423 . TEL 408.866.2150 . FAX 408.376.0958 . TDD 408.866..2790
Danis & Mary Yadegarmooshiabadi
May 18, 2000
Page 2
Please give me a call at 866-2159 should you have any questions regarding this matter. If you
have any questions regarding the project, please contact me, or Derek Gade, the City's Project
Manager for the Burrows/STAR Reconstruction Project, at 866-2156.
Sincerely,
1rlukJ1Lr{? ,
Michelle Quinney ~
City Engineer /
Cc: Bill Seligmann, City Attorney
Bill Helms, Land Development Manager
Land Development File -t25-l-Mumo AV8ny@ 1(),7tl ~~
Project 98-02 PH2C(11)
J : \drawings\9802ph2c\burrows\communityprocess\ 1270burrows-defstrimpagr
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TO B~ RECORDED W~T';(~f',-~
SECnOi'<1 6W3 GOVr::R~'~iYjL CODE.
AT HIE REQtJE~;T OF OW OF C/",'P3f.l
DOCUMENT:
13~275
Tit I es. I / Pages. 6
1
City of Campbell
)
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11I111I1I11111111
Recording Requested By:
. ~ee13968275~
Fees. + No Fees
Taxes.
Copies.
AMT PAID
And When Recorded Return To:
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
Ci ty
RDE ** 007
12/08/1997
9.06 AM
City Clerk
City of Campbell
70 N. First Street
Campbell, CA 95008
DEFERRED STREET IMPROVEMENT AGREEMENT
THIS AG~MENT, R 97-03 (Reinstatement of S 95-12), made and entered into this
;//Af' day of 'lzdLlt./ , 19 cf1 , by and between GREGORY I. SMITH, a
married man, hereinafter referred to as "Owner," and the CITY OF CAMPBELL, a municipal
corporation of the County of Santa Clara, State of California, hereinafter referred to as
"City. "
WHEREAS, City granted conditional approval of R 97-03 (Reinstatement of S 95-12)
upon that certain real property described in deed recorded April 1, 1997, and filed as
Document 13657049 in the office of the County Recorder, County of Santa Clara, State of
California, which property is hereinafter referred to as "said real property" and commonly
known as 1270 Burrows Road;
WHEREAS, compliance with the terms and conditions of this agreement are conditions
to the final approval of above described application to construct a single family residence;
NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE-MENTIONED
APPROY AL, it is hereby agreed as follows:
(1) Owner shall provide, construct and/or install at his own proper cost and
expense, public street improvements within 12 months from the date when owners or their
successors are notified to do so by the City Engineer.
(2) All of said improvements shall be constructed and/or installed within 12 months
from the date that Owners, or their successors, are notified by said City Engineer to do so;
provided however, that in the computation of said twelve-month period, delays due to or
caused by acts of God, viz., unusually inclement weather, major strikes, and other delay
beyond the control of Owners shall be excluded.
It is expressly understood and agreed to that if Owner shall fail to complete the work
required by this Agreement within the said 12 month period, the City, after giving ten (10)
- 1 -
days written notice thereof to Owner, or his successors, may construct and/or install said
improvements and recover the full cost and expense thereof from owner, or his successors.
It is further expressly understood that the purpose of this agreement is to defer
construction of the above-mentioned improvements until some future date more conducive to
the overall needs of the City of Campbell. In keeping with this understanding, the right of the
City to give any of the notices specified herein in Section (2) of this Agreement to install such
improvements, or to require construction or installation of such improvements, or to install
such improvements itself and recover the costs thereof shall not be barred by the passage of
time or delay by the City, but shall remain open and enforceable indefmitely and forever. It is
also understood that the passage of time or any delay caused by the City shall not relieve the
Owners, or their successors, from performance under this Agreement, but that the Owners,
and their successors, shall remain bound indefinitely and forever. Any increased construction
or preparation costs caused as the result of the passage of time shall be the responsibility of the
Owners, and their successors.
Nothing herein shall be deemed to prohibit construction of said improvements prior to
notice by the City Engineer to construct or install such improvements, provided that prior to
such installation, all of the provisions of Section (3) shall be satisfied.
(3) Owner, or his successors, shall cause to be prepared at his cost and expense
improvement plans for the construction and/or installation of said improvements prior to such
construction or installation. Said plans shall be prepared by a civil engineer registered by the
State of California and submitted to the City Engineer for examination and approval.
All of said improvements shall be constructed and/or installed in accordance with those
plans approved by the City Engineer and shall be made under the supervision and inspection
and to the satisfaction of the City Engineer. Said construction and/or installation shall be in
accordance with the existing ordinances and resolutions of the City of Campbell and to all
plans, specifications, standards, sizes, lines and grades approved by the City Engineer, and all
State aIld County statutes applicable thereto. Upon completion and acceptance of the
improvements by City, Owner, or his successors, shall provide reproducible as-built plans to
the City Engineer.
(4) The construction work of the improvements embraced by this Agreement shall
be done in accordance with the specifications of the City of Campbell and West Valley
Sanitation District, where indicated.
(5) Prior to approval of the plans by the City Engineer pursuant to Section (3) of
this Agreement, Owner, or his successors, shall pay to the City for examination of
improvement plans, field inspection of construction of improvements and all necessary
expenses incurred by City in connection with said improvements, a sum to be determined
when said plans are submitted in accordance with the rules in effect at that time.
-2,.
(6) Owner, or his successors, shall fIle with City, prior to commencing work,
surety, acceptable to City, to ensure full and faithful performance of the construction of all the
aforementioned improvement work, excluding sanitary sewers and water distribution system.
Said surety shall guarantee that Owner, and his successors, will correct any defects which may
appear in said improvement work within one (1) year from the date of acceptance of the work
by City and pay for any damage to other work resulting from the construction thereof, as well
as pay the cost of all labor and materials involved. This surety shall remain in effect until one
(1) year after date of fmal acceptance of said improvements by City. Said surety amount may
be reduced by the City Engineer after the date of final acceptance to not less than twenty-five
(25) percent of its full value.
(7) Upon final release of said surety by City, the obligations of Owner, and his
successors, contained in this Agreement shall be considered null and void.
(8) When called upon by City to do so, Owner, or his successors, will execute a
petition for the formation of any special assessment district created pursuant to any special
assessment act as provided in the Streets and Highways Code of the State of California created
for the purpose of constructing and/or installing any or all of said improvements.
(9) Owner, or his successors, shall participate in and become a part of any special
assessment district as described in paragraph (8) of this Agreement.
It is expressly understood that any obligations of Owner, or his successors, contained in
this Agreement that are accomplished to the satisfaction of said City Engineer by said special
assessment district shall be considered null and void.
(10) Owner, or his successors, shall make such deposits or fIle such bonds and enter
into such agreement as required by West Valley Sanitation District to ensure the installation of
a sanitary sewage system to serve said real property, and Owner, or his successors, shall fIle
with City, upon execution of this Agreement, a letter from said Sanitation District stating that
Owner, _or his successors, have made such deposits or fIled such bonds and entered into such
agreements .
(11) Owner, or his successors, shall pay to Pacific Gas and Electric Company any
and all fees required for installation of underground wiring circuit to all electroliers within said
real property when Owner, or his successors, is notified by either the City Engineer or the
Pacific Gas and Electric Company that said fees are due and payable. Owner's, and his
successors', obligations under this section shall not be relieved by delay or the passage of time,
but shall remain binding indefmitely and forever.
(12) Owner, or his successors, shall make such deposits or fIle such bonds and enter
into such agreement as required by San Jose Water Company when called upon to do so to
ensure that installation of a water distribution system to serve said real property, including fire
hydrant. Owner's, and his successors', obligations under this section shall not be relieved by
delay or the passage of time, but shall bind Owner and successors indefinitely and forever.
- 3 -
(13) Any easement and right-of-way within or without said real property necessary
for the completion of the improvements shown upon aforesaid improvement plans shall be
acquired by Owner, or his successors, at his own cost and expense. It is provided, however,
that in the event eminent domain proceedings are required for the purpose of securing said
easement and right-of-way, Owner, or his successors, shall deposit or cause to be deposited
with City a sum covering the reasonable market value of the land proposed to be taken and to
be included in said sum shall be a reasonable allowance for severance damages, if any. It is
further provided that in addition thereto such sums as may be required for legal fees and costs,
engineering and other incidental costs shall be deposited with the City.
(14) Owner, or his successors, shall carry out any and all negotiations with all
interested parties and shall perform or cause to be performed at his own cost and expense and
to the satisfaction of the City Engineer any and all work required to abandon, remove, raise,
lower, relocate and otherwise modify irrigation line or lines within the boundary of said real
property .
(15) To the fullest extent permitted by law, Owner, and his successors, shall
indemnify, defend and hold the City of Campbell, the City of Campbell Redevelopment
Agency, and its agents, employees, attorneys, officers, officials, and assignees harmless from
any and all claims, damages, losses and expenses, including, but not limited to, attorneys'
fees, arising out of, or resulting from any negligent or intentional act or omission (including
misconduct) of said Owner, or his successors, or any subcontractor, or anyone directly or
indirectly employed by him, or anyone for whose acts any of them may be liable in the course
of performance of this Agreement.
The Owner, and his successors, shall also indemnify, defend and hold the City of
Campbell, and its agents, attorneys, employees, officers, officials, and assignees harmless
against and from any and all claims, demands, liabilities, losses, lawsuits, judgments,
damages, costs and expenses (including, but not limited to, attorneys' fees and court costs,
whethet:. incurred at trial, appellate or administrative levels) which the City of Campbell may
incur or suffer, or to which the City of Campbell may be subjected resulting from the failure
of Owner, or his successors, or his agents, employees, subcontractors, or anyone performing
services under him, to fulfill any of the obligations imposed under this Agreement.
(16) It is acknowledged that the provisions of this Agreement constitute covenants
for the improvement of the subject real property for the mutual benefit of Owner's property,
commonly known as 1270 Burrows Road and the City's property, commonly described as
Burrows Road where it adjoins Owner's property. These covenants shall be considered to
affect rights in the above-described real properties, and shall be binding on the heirs, assigns,
successors, and grantees of Owner to said real property.
(17) Nothing contained herein shall be construed to transfer any unvested interests in
real or personal property for purposes of the rule against perpetuities.
- 4 -
(18) In the event that Owner, or his successors, should breach any of the terms,
conditions, or covenants of this Agreement, the City shall be entitled to recover, in addition to
any other relief available in law or equity, all costs incurred in attempting to obtain
enforcement of the Agreement, or compensation for such breach. These costs shall include
reasonable attorneys' fees and court costs.
(19) This is the entire Agreement between the parties and there are no
representations, agreements, arrangements, or understandings that are not fully expressed
herein.
(20) This Agreement can be executed in counterparts by the parties hereto, and as so
executed shall consist of one agreement, binding on all the parties.
.,
IN WITNESS WHEREOF, said City has caused its name to be affixed by its Mayor and City
Clerk, who are duly authorized by resolution of the City Council, and said Owner has caused
his name to be affixed the day and year first above written.
:~M~ ~~
c~~
~bert Kass
Public Works Director
AtZL_
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Anne Bybee, City Clerk
h: \ word\agr\ 1270bur2(mp)
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
California
County of Santa Cl ara
On October 21, 1997
before me, E. Les 1 ie, Notary Pub 1 i c
Gregory I. Smi th
personally appeared
personally known to me - OR - rn proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/herltheir
13~~~
..<hlO'~~ E. LESLIE --:gnature(s) on the instrument the person(s) or the
-' COMM. #1094377 lWtity upon behalf of which the person(s) acted
g ,.. ~ NOTARY PUBLIC - CAlifORNIA Q. '
.... '-.' SANTA CLARA COUNTY ecuted the mstrument.
t ..~'" My Comm. Expires May30, 2000
~~~~~$~.i'e.$."
WITNES my hand and official seal.
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OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
~DIVIDUAL
b CORPORATE OFFICER
TITLE(S)
o PARTNER(S) 0 LIMITED
o GENERAL
o ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERV A TOR
o OTHER:
DESCRIPTION OF ATTACHED DOCUMENT
Deferred Street Improvement Agreemer~
TITLE OR TYPE OF DOCUMENT
5
NUMBER OF PAGES
10/21/97
DATE OF DOCUMENT
City of Campbell
SIGNER(S) OTHER THAN NAMED ABOVE
SIGNER IS REPRESENTING:
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OotCH A. \lU.
CITY OF CAMPBELL
Public Works Department
October 17, 1997
Gregg Smith
Bay Cities Investments
1570 Soquel Drive, Suite 2
Santa Cruz, CA 95025
Re: 1270 Burrows Road - Encroachment Permit 97-216
Dear Mr. Smith:
,
As you know, the City Council recently amended Section 11.24 of the Municipal Code which
eliminated the requirement for the applicant to post security for construction of future street
improvements in connection with your development at the above referenced address.
The refund of your faithful performance security of $4,300 will be available on October 22.
Upon receipt of a signed and notarized Deferred Street Improvement Agreement the City will
release the security. The previously signed Street Improvement Agreement was never
approved by the City Council.
Please give me a call at your earliest convenience to make arrangements to execute the new
agreement.
h: \ word\landdev\ 1270bur2(mp)
70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2150 . FAX 408.376.0958 . TOO 408.866.2790
-------
CITY OF CAMPBELL
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
t~
11.::.,:..:::::':':::::::::::::::I.IIIIII.:::III::::II!11.::::111I.11:':11I::::1_
lUG 1 51997
APPLICATION NO(S):
ADDRESS: 1'2."10 i3u~S go
~UclLiC WuR"S
ADMI N ISTRA TlON
Instructions: This checklist provides advance notification to applicants of the City of Campbell's
final on-site grading and drainage plans and submittal requirements. Using this checklist will
expedite your application through the City's review process.
Prior to submitting a final on-site grading and drainage plan list to the City Engineer, please place an
"X" in the space to the right of each item below to indicate you have complied, place "N/A" to
indicate that the particular item does not apply. Review applicable sections, which are referenced in
parentheses, before checking off each item.
SEAL AND SIGNATURE OF ENGINEER OF WORK.
I HEREBY DECLARE THAT I AM THE ENGINEER OF WORK FOR THIS PROJECT, THAT I
HAVE EXERCISED RESPONSIBLE CHARGE OVER THE DESIGN OF THE PROJECT AND
COMPLETION OF THIS CHECKLIST AS DEFINED IN SECTION 6703 OF THE BUSINESS
AND PROFESSION CODE, AND THAT THE DESIGN IS CONSISTENT WITH CURRENT
STANDARDS.
~~
Sig ature
~/sj97
D te
Y enn-e-\ '" ble.ls t:)Y1
Printed
RCE # ~ '202.3
Expiration Date <1 - 30 - 9 7
(SEAL)
CITY
ITEMS OK N/A COMl\1ENTS
I. GENERAL
1. Applicable General Notes included. /
2. 24" X 36" sheet size used, including borders. v'
-1-
CITY
ITEMS OK N/A COMMENTS
3 Title Block/scale/north arrow shown. /
4. Plans capable of microfilm reproductions - minimum ,/
1/8 inch lettering.
5. Engineer's name, number, expiration date and ~
signature included.
6. Vicinity Map shown (must be microfilmable). ./
7. ~ key map included for 3 or more /'
sheets.
8. Cross sections as needed for clarity. /
9. All adjacent streets labeled correctly. ~o'
./ /
10. Reference to City benchmark.
II. Property lines and existing/proposed easements ,,/ /
shown.
12. Streets dimensioned (existing right-of-way, /
pavement, curb, gutter, sidewalk and parkways).
13. Adjacent properties labeled as to use. ~
II. GRADING I1X)~< ./'
"'v ~
14. }' contour lines (existing and proposed). Sfbr ELEl/. ~JJeW ~S m
15. Existing and proposed building locations and pad /
elevations.
16. Proposed elevations at high points, grade breaks, and ~
other significant locations.
17. Finished grade elevations at building corners.
18. Lot corner elevations and the elevation at the high ~
point in the yard.
19. Side and rear yard topography extending a sufficient
distance beyond property line (20' minimum) to /
determine that proposed grading will not impede
existing drainage patterns.
20. Existing and proposed fences or retaining walls. ,/
2I. Quantities of cut and fill in cubic yards. /
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CITY
ITEMS OK N/A COMMENTS
22. Lots numbered and dimensioned per final map.
23. Grading conforms to approved preliminary plans. "7
24. Sufficient elevations on adjacent parcels must be -r'14
indicated to demonstrate that proposed grading will ~
not impede existing drainage patterns.
Ill. DRAINAGE
25. Location and elevation of overland release to public vi
storm system shown.
26. Roof drainage outlets shown.
27. Interior drainage facilities identified (catch basin, /
pipes, swales, etc.).
28. Size, grate elevation and invert elevation of all inlets V
shown and cross section of drainage swales shown.
7
29. Pipe materials, slopes and sizes shown. V /
30. Channelization of flows to adjacent properties will /
not be allowed.
31. Construction of french drains will not be allowed. /
32. Sheet flow across public property will not be /
allowed.
IV. NpTES /
w~~ IlS 3. \II t """N'
33. All grading shall comply wit C apter 33 and
Section 1806.45 of the 1994 Uniform Building Code.
-3-
v. SEAL OF ENGINEER OF WORK
34. Seal of Engineer of Work shown on plans as follows:
SEAL OF ENGINEER OF WORK:
I hereby declare that I am the Engineer of Work for
this project, that I have exercised responsible charge
over the design of the project as defined in Section
6703 of the Business and Professions Code, and that
the design is consistent with current standards.
The design shown hereon is necessary and reasonable
and does not restrict any historic drainage flows from
adjacent properties nor increase drainage to adjacent
properties.
I understand that the check of project drawings and
specifications by the City of Campbell is confined to
a review only and does not relieve me, as Engineer
of Work, of my responsibilities for project design.
Engineer of Work, P.E.
Date
Firm
Address
Telephone
RCE # Exp.
j: \forms\grdchk2.Ist
Rev 6/6/97
-4-
TO: Cay Cleric
'"UBUC WORKS DEPAJlTMENT RECEIPT
Elfeclive July I, 1996
PROPERTY ADDRESS
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PUBUC WORKS FILE NO.
Please collect .I: receipt far the follawifts .-.ies:
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ENCROACHMEXT PER,\1IT
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CITY CLERK
ONLY
--::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::':':':::::::'::::::::::::::::::::<<MOtiNt:::::::::::::::::
S
.................
.................
Aoolic:Jtion Fee
Non-Utilirv Encroaclunent Permit ($225)
R-I FiI'Sl Permit (No Fee), Subseouent PermillYr (S100)
Utilirv Encroaclunent Permit
AneriaUCollector Street
Residential Street/Oth... Areas
Plan Check Oeoosi, - ~/. ofENGR. EST.
Faithful Performance Securirv rFPS)
Labor and ~aterials Secunrv
Monumentarion Security
47:: I
I
P3rlcland Dedication Fee
Po""",e
Intersection Turn Counts (Two-Hour Count)
Intcnection Tum Counts (a.m. or C.m. oeaks)
Traffic Flow Moo (Daily Traffic Volumes)
Camobell Traffic Model I Full Scooe AMessmentl
Camobell Traffic ~odel (Reduced Scooe Assessmentl
Truck Permiu
No Paricin. SiOUls
(SJ25)
(rn~)
($500 minI
(100% ofENGR.EST.)
(100'/0 ofENGR. EST.)
(100% ofENGR.EST.)
(4% ofENGR.EST.)(S~OO milllSlO.ooo maxI
(100'/. oiENGR. EST.)
4-~~
C.ult Oeoosit
1:0j I Ubor and MaleriaJ Security
Plan Check &: !n.soection Fee (Non-Utilirv)
EnlU. Est. < S250.ooo
EnlU.Est.>S250.ooo
Uulirv < SI00.000
Minimum ~e Per Locarion
ConduilS/Pioelines uo to 500 Fed
Above 500 Fed
ManholCSlVaulIS/Etc.
Pole SetiRemoval
Street Tree PlantinlVRemoval
2:03 1 Utilirv > 5100,000
47601 Proiect Plans &: Soecttication.
47601 Standard Soecitication. & Detail.
47601 Cooi.. oiEn2lfteenn2 Moo. &: Plans
47::1 Penalties: Failure to restore oublic imorovements
I (Muni Code Section 11.34010)
47::1 Penalties: Failure to COI'Tec:l unsafe conditions
LA1W DEVELOP~ENT
47" Lot Line Adiustment
41'2"1 Parcel ~oo14 Lou or LAs)
47221 Final Tl'3Cl Moo (~ or ~ore LoIS)
412: I Certificate of Comoliance
4722! Certificate of Correction
472:1 V3Cation of Public Streets &: Easements
.4 i:: Assessment Seweqarion or Reaoportionment
FimSoJit
Each Additional Lot
Storm Dnin311e Area Fee P... Acre
NAME OF APPUCANT r~'" A~ ~ /~
NAME OF PAYOR %I/~k) hpClh//77i'
ADDRESS g/{;J/,5C4'u.e/ $: );?~.
('/ ,;5;;;>~ ,e.rV' Z -e' 4
.. ActUal Cost Plus :0'". Overi1ead r:oIon-lnlQ::St beatina decosit) .)
N\
RECEIVED 3Y ~
'\ { \ \
,\ Reci:ior #'
:.
(I2%ofENGR. EST.)
(Decosit W. ofENGR. EST./S30,ooo min.)"
(8%)
(SI20)
(SI.60/ft)
(SUO/ft.)
(SI05/ea)
(S I 05/ea)
(SIO~/treel
Ac:tUai Cost ~ 20-1. ..
Proiect No.
(SI,1'2 SI2IBook)
(S.SO/SQ.ft. )
(SIOOICalendar Day)
(SIOO/Calendar Day)
(S500)
(SI.06O ... S25ll.ot)
(SI.380'" S25ll.ot)
($500)
(SJOO)
(S550)
(S~~O)
(SI70)
(R-I. $2.000\
(Multi-Res. S2.:~0)
(All Oth.... $2.500)
($60\
(SI2~\
($271
(S2.:~O)
($740)
(S35Ittio)
(SJleach or $'"..5/100)
TOTAL
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OFor Plan Clocck 3lld C3Sh DepositS, send yellow copy to. oi.==-.
h:lrecmM. wic3(mp )r",,7/1/96
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RECEIVED
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AU6 1 9 1997
CITY. CLERK'S OFFICE
DaUlt Initials
ern OF GHiiPBELL~
Qt:i'iiil M'o{ ~ 16N~
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~ESCRIPTluN
REF uE?GSI1S -iOi.2Z03
TOT~L nUE:
CHEC~ FAITI;
CHECK NO:
1EHI~ Et~ En ~
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$4::300.00
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$41:500.00
$4,3ij(j.QQ
$4,300.00
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RESOLUTION NO~ 2999
(,1-/'/)
'- t'.
/'
/'
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(.
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BEING A RESOLUTION OF THE PLANNING O~SION OF
THE CITY OF CAMPBELL FOR A SITE ARCHITECTURAL
APPROV AL TO ALLOW A NEW SINGLE Y RESIDENTIAL
DWELLING ON PROPERTY LOCATED 128 BURROWS ROAD
IN AN R-1 (SINGLE FAMILY RESID L) ONING DISTRICT.
APPUCATION OF LSI CONSTRUCTION. NO.5 95-12.
After notification and Public Hearing as specified by law on the above-
referenced application as per the application filed in the Planning Department
. and, after presentation by the Community Development Director, proponents
and opponents, the hearing was closed.
After due consideration of all evidence presented, the Planning Commission
did find as follows with respect to FJ.1e No.5 95-12:
1. The proposed dwelling is well designed and is architecturally compatible
with the surrounding area with the incorporation of architectural
enhancements such as porch element and mullioned windows.
2. The subject property is a legal non-conforming lot of record and is
permitted to be developed in accordance with the development
standards of the R-1-6 zoning district.
3. The proposal conforms to the development standards of the R-1-6
Zoning District under the San Tomas Area Neighborhood Plan.
Based upon the foregoing findings of fact, the Planning Commission further
finds and concludes that:
1. The existing lot does not conform to the current General Plan of the City,
however, the lots were legally create prior to the adoption of the land use
designation of less than 3.7 units per gross acre. The development of the
property conforms to the intent of the General Plan allowing one single
family home on one lot.
2. The proposal is consistent with the zoning standards pertaining to non-
conforming lots, and
3. The proposed project will aid in the harmonious development of the
immediate area.
(-
.
(/
l
Planning Commission Resolution No. 2999
S 95-12 - 1282 Burrows Road
Page 2
The applicant is hereby notified, as part of this application, that he/she is
required to meet the following conditions in accordance with the Ordinances
of the City of Campbell and the State of California. Additionally, the
applicant is hereby notified that he/she is required to comply with all
applicable Codes or Ordinances of the City of Campbell and the State of
California that pertain to this development and are not herein specified.
1. Approved Project: Approval is granted for a Site and Architectural
Review Permit allowing a new two story single family residence located at
1282 Burrows Road. Project approval shall substantially comply with
project plans prepared by Ron Dick dated August 1995, except as modified
by the Conditions of Approval herein.
a. Color Board: Applicant shall submit a color board for exterior
building colors for review and approval by the Community
Development Department prior to issuance of building permits
2. Park Impact Fee: The applicant shall pay a park impact fee of $10,990 for
the new single family residence prior to certificate of building occupancy.
Ii" Landscape Improvements: Per the San Tomas Area Neighborhood Plan,
D Provide one tree for every 2,000 square feet of lot area. Trees varieties,
irrigation and related improvements shall be subject to review and
approval by the Community Development Department prior to issuance
of building permits.
~ (5 Streets and Related Improvements:
A. Install curbs and gutters at 11' from centerline along the property
frontage.
B. Install sidewalks 4.5' wide along the property frontage.
C Install driveways.
D. Remove and replace 9.5 feet of pavement and 2 foot conform strip
west of centerline.
E. Install one street light in accordance with City of Campbell Street
Lighting Policy and San Tomas Area Neighborhood Plan.
cy~
ytJ
ry -vJ
yvJ
/?vJ
'N 0 c"c
I)
(j
Planning Commission Resolution No. 2999
S 95-12 - 1282 Burrows Road
Page 3
GAandscape Improvements: Install trees, inigation and related landscape
. improvements in the public right-of-way per Title 11 of the Campbell
Municipal Code and the San Tomas Area Neighborhood Plan.
6. Screening of Utility Facilities: Screen all above ground utility equipment
within the public right-of-way and on private property to the satisfaction
of the Community Development Director.
7. Street Improvement Plans: Provide. Street Improvement Plans for review
and approval by the City Engineer for all improvements and landscaping
within the public right-of-way.
8. Grading and Drainage Plans: Provide grading and drainage plans for
review and approval by the City.
9. Storm Drain Design: Design of improvement plans for storm water
conveyance facilities shall be based on a 10 year storm frequency.
10. Hydrology and Hydraulic Calculations: Provide hydrology and hydraulic
calculations as required by the City Engineer.
11. Structural Section Design: Design a pavement structural section based on
a traffic index per the Traffic Index table provided by the City Traffic
Engineer, a soils report provided by the applicant and related information
as determined by the City Engineer.
JvJ J~ Registered Civil Engineer/Land Surveyor: Cause plans, specifications,
"\ (,t-/ calculations, reports and designs for street improvements and grading and
L~ 'drainage improvements to be prepared and sealed by a Civil Engineer,
r/ NO' Land Surveyor or Architect, as applicable, licensed in the State of
California and submitted to the City Engineer for approval.
AStandard Specifications & Details: Comply with the City of Campbell
Standard Specifications and Details for Public Works Construction.
14. Streets and Sidewalks: Comply with Title 11 of the Campbell Municipal
Code concerning Streets and Sidewalks.
15. San Tomas Area Neighborhood Plan: Comply with the San Tomas Area
Neighborhood Plan design standards.
( '-
{-
Planning Commission Resolution No. 2999
S 95-12 - 1282 Burrows Road
Page 4
-
(If
16. Disability Standards: Comply with the Americans With Disabilities Act
and the California Disability Access Regulations, whichever applies.
17. Right-oE-Way Dedication: The street right-of-way width is currently 30'
from centerline for the parcel. The applicant should apply for a street
right-of-way vacation to reduce the existing right-of-way from 30' to 20'
from centerline. The current fee for this vacation is $550.
. 18. Title Report: Furnish current Preliminary Title Report.
19. Underground Utilities: Install electrical, telephone and cable television
facilities underground, in accordance with the provisions of Chapter
20.36.150 of the Campbell Municipal Code and as required by the City
Engineer, prior to occupancy.
20. Utility Construction Coordination in Public Right-of-Way: Submit a
Utility Coordination Plan and Schedule for approval by the City Engineer,
for installation of electrical, gas, telephone, cable television, sewer, water
and storm drain improvements to minimize damage to City streets,
sidewalks and related facilities.
21. Sanitary Sewer Service: Install a sanitary sewerage system to serve all lots
in conformance with the requirements of the West Valley Sanitation
District.
22. Water Service: Install a water distribution system to serve all lots in
conformance with the requirements of the San Jose Water Company.
23. Other Utilio/ Services: Install electrical and gas services in conformance
with the requirements of Pacific Gas & Electric Company. Install
telephone services in conformance with the requirements of Pacific Bell.
Install cable television facilities in conformance with the requirements of
TCI Cable. .
24. Park Impact Fees and Park Land Dedication: Dedicate land or pay fee in
lieu of dedication, prior to issuance of a Building Permit, as required by
Chapters 13.08 and 20.24 of the Campbell Municipal Code. This condition
is not applicable if the fee has been previously paid.
( "
rl
(,
Planning Commission Resolution No. 2999
S 95-12 - 1282 Burrows Road
Page 5
25. Security: Provide guarantees to design and construct all public
improvements by cash, bonds, letters of credit or other legal instruments
acceptable to the City Attorney. Appropriate adjustments in the security
will be made as a result of prior security provided and agreements
executed for the subject parcel.
26. Street Improvement Agreement: Complete and record an
amendment to the existing City of Campbell's Deferred Street
Improvement Agreement for construction of public improvements.
27. Encroachment Permit: Obtain an Encroachment Permit for parcel, pay
fees and deposits, provide bonds and insurance certificates for all
construction within the public right-of-way. Encroachment Permit
includes one year post-construction, maintenance period requirements.
28. Dust Control: Implement the requirements of the Bay Area Air Quality
Control Management District including the following mitigation
measures:
A. Water all exposed or disturbed soil surfaces to control dust, as
necessary, but not less than twice daily;
B. Water areas of digging and grading operations;
C Suspend grading or other dust producing activities during periods
of high wind;
D. Water or cover stock piles of soil debris, sand and other dust
producing material;
E. Sweep construction area and surrounding streets daily.
F. Cover trucks with tarp during hauling.
29. Completion Prior to Occupancy: Complete construction of all required
off-site and on-site improvements prior to occupancy of any structure.
30. Residential Fire Sprinkler System: Provide an approved residential fire
sprinkler system throughout. NFPA 13-0, 1989 edition.
, --
~
..
I.;,
Planning Commission Resolution No. 2999
S 95-12 - 1282 Burrows Road
Page 6
"..
31. All-Weather Surface Driveway: The driveway for the project shall be
provided with an approved all-weather surface prior to issuance of any
building permit. The fire district shall inspect the driveway for
compliance.
32. Driveway Gates: Any gate constructed across the driveway shall be
provided with an approved fire district key locking device. Contact
Central Fire for an apPliecatiOn. I~"
- PASSED AND ADOPTED.. "2~th d Y of SePtembeV1995~ ~ the following
roll call vote: ~ -
A YES:
Commissioners:
Alne, Higgins, Jones, Kearns, Meyer-
Kennedy
None
Lindstrom, Lowe
None
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
-
ATTEST: ~ ,
Steve Pi . , tary
~
MEMORANDUM
CITY OF CAMPBELL PUBLIC WORKS DEPARTMENT
TO:
Aki Irani, Project Planner
DATE: May 5,1997
FROM:
Michelle Quinney, City Engineer ,dt\ . ~ /
Harold Housley, Land Development Engineer 11"./ .
RE:
R 97-03 (S 95-12 Expired 9/26/96)
1270 Burrows Avenue
Gregg Smith
Construction of new single family home
Application No:
Address:
Applicant:
Project Description:
Z;/5et7S5"/~/!J g
P~PPLICA'ff()N COMMENTS: It is understood that the Site and Architectural approval
has now expired. The applicant has modified the house plans to add an additional 196 SF and
has applied for reinstatement of Site and Architectural approval.
The Public Works Department Conditions of Approval are attached.
1. Grading and Drainage Plans: Provide grading and drainage plans for review and
approval by the City prior to issuance of a grading permit.
2. Storm Drain Design: Design of improvement plans for storm water conveyance
facilities shall be based on a 10 year storm frequency.
3. Hydrologv and Hydraulic Calculations: Provide hydrology and hydraulic calculations
as required by the City Engineer.
4. Registered Civil Engingeer/Land Survevor: Prior to issuance of any grading permit,
. applicant shall cause plans, specifications, calculations, reports and designs for grading
and drainage improvements to be prepared and sealed by a Civil Engineer licensed in
the State of California and submitted to the City Engineer for approval.
5. Street Improvement Agreement: Execute a deferred street improvement agreement and
post security required for installation of standard street improvements per the San
Tomas Neighborhood Plan. Improvements will include City standard driveway
approach.
6 Title Report: Furnish current Preliminary Title Report.
7. Underground Utilities: Install electrical, telephone and cable television facilities
underground, in accordance with the provisions of Chapter 20.36.150 of the Campbell
Municipal Code and as required by the City Engineer, prior to occupancy.
Public Works Department Conditions of Approval
1270 Burrows Road/R 97-03
8. Utilitv Construction Coordination in Public Right-of-Way: Submit a Utility
Coordination Plan and Schedule for approval by the City Engineer, for installation of
electrical, gas, telephone, cable television, sewer, water and storm drain improvements
to minimize damage to City streets, sidewalks and related facilities.
I
9. Water Meter and Sewer Cleanout: Install any water meter(s) and sewer cleanout(s) on
private property adjacent to the public right-of-way.
10. Storm Water Management: Comply with California Storm Water Best Management
Practices Handbook, prepared by Storm Water Quality Task Force, Santa Clara Valley
Water District.
11. Coordination with Capital Improvement/Other Proiects: Applicant shall coordinate
construction with any City Capital Improvement project on Burrows Road.
H:\ WORD\LANDDEV\BURRCOAGd)
2
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O"CHA\l-O'
CITY OF CAMPBELL
Community Development Department. Current Planning
September 27, 1995
Ahmed Sobouti
256 E. Hamilton A venue, Suite J
Campbell, CA 95008
12..., 0
Re: S 95-12 - 'l282:Burrows Road
Dear Mr. Sobouti:
Please be advised that the Planning Commission, at its meeting of September
26, 1995, adopted Resolution No. 2999, conditionally approving your Site and
Architectural application to allow a new single-family residential dwelling on
the above-referenced property. This approval is effective 10 days following
the Planning Commission's action, unless appealed in writing to the City
Clerk, and is subject to the Conditions of Approval provided in the adopted
Resolution.
If you should have any questions regarding the Planning Commission's
action or the Conditions of Approval, please do not hesitate to contact the
undersigned at (408) 866-2140.
Sincerel y,
~~~
Gloria Sciara
Planner I
cc: Kenneth R. Genho (Property Owner)
478 E. Hamilton Avenue, #141
Campbell, CA 95008
Public Works Department
Building Division
~~9
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~~
Enclosures: Resol u tion
70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2140 . FAX 408.379.2572 . TDD 408.866.:!790
V.
1/
v
RESOLUTION NO. 2999
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL FOR A SITE AND AR'CHITECTURAL
APPROVAL TO ALLOW A NEW SINGLE Fm~Y RESIDENTIAL
DWELLING ON PROPERTY LOCATED AT~li82 URROWS ROAD
IN AN R-l (SINGLE FAMILY RESIDENTIAp NING DISTRICT.
APPLICA nON OF LSI CONSTRUCTION. . NO. S 95-12.
After notification and Public Hearing as specified by law on the above-
referenced application as per the application filed in the Planning Department
and, after presentation by the Community Development Director, proponents
and opponents, the hearing was closed.
After due consideration of all evidence presented, the Planning Commission
did find as follows with respect to File No. S 95-12: .
1. The proposed dwelling is well designed and is architecturally compatible
with the surrounding area with the incorporation of architectural
enhancements such as porch element and mullioned windows.
2. The subject property is a legal non-conforming lot of record and is
permitted to be developed in accordance with the development
standards of the R-l-6 zoning district.
3. The proposal conforms to the development standards of the R-1-6
Zoning District under the San Tomas Area Neighborhood Plan.
Based upon the foregoing findings of fact, the Planning Commission further
finds and concludes that:
1. The existing lot does not conform to the current General Plan of the City,
however, the lots were legally create prior to the adoption of the land use
designation of less than 3.7 units per gross acre. The development of the
property conforms to the intent of the General Plan allowing one single
family home on one lot.
2. The proposal is consistent with the zoning standards pertaining to non-
conforming lots, and
3. The proposed project will aid in the harmonious development of the
immediate area.
Planning Commission Resolution No. 2999
S 95-12 -- 1282 Burrows Road
Page 2
The applicant is hereby notified, as part of this application, that he/she is
required to meet the following conditions in accordance with the Ordinances
of the City of Campbell and the State of California. Additionally, the
applicant is hereby notified that he/she is required to comply with all
applicable Codes or Ordinances of the City of Campbell and the State of
California that pertain to this development and are not herein specified.
1. Approved Project: Approval is granted for a Site and Architectural
Review Permit allowing a new two story single family residence located at
1282 Burrows Road. Project approval shall substantially comply with
project plans prepared by Ron Dick dated August 1995, except as modified
by the Conditions of Approval herein.
a. Color Board: Applicant shall submit a color board for exterior
building colors for review and approval by the Community
Development Department prior to issuance of building permits
2. Park Impact Fee: The applicant shall pay a park impact fee of $10,990 for
the new single family residence prior to certificate of building occupancy.
3. Landscape Improvements: Per the San Tomas Area Neighborhood Plan,
Provide one tree for every 2,000 square feet of lot area. Trees varieties,
irrigation and related improvements shall be subject to review and
approval by the Community Development Department prior to issuance
of building permits.
4. Streets and Related Improvements:
A. Install curbs and gutters at 11' from centerline along the property
frontage.
B. Install sidewalks 4.5' wide along the property frontage.
C Install driveways.
D. Remove and replace 9.5 feet of pavement and 2 foot conform strip
west of centerline.
E. Install one street light in accordance with City of Campbell Street
Lighting Policy and San Tomas Area Neighborhood Plan.
Planning Commission Resolution No. 2999
S 95-12 - 1282 Burrows Road
Page 3
L-----S. Landscape Improvements: Install trees, irrigation and related landscape
improvements in the public right~of.way per Title 11 of the Campbell
Municipal Code and the San Tomas Area Neighborhood Plan.
6. Screening of Utility Facilities: Screen all above ground utility equipment
within the public right~-way and on private property to the satisfaction
of the Community Developm~t Director.
,
f.A1L001 8. Grading and Drainage Plans: Provide grading and drainage plans ~or
j/l ~. review and approval by the City.
. I
Il'H #! 'V'9. Storm Drain Design: Design of improvement plans for storm water
Uf, "t conveyance facilities shall be based on a 10 year storm frequency.
I
fJ'~r'.. 1)1/10. Hydrol~and Hydraulic Calcu.lations: Provide hY9TOl~. ~~d.h _~d aul!~f
I .4 ., ~ calculations as req..rl..ed by the City En01neer. 4~ I . .",-/>t:b/~:::"
j /kr/P./_/2t(l/~tllJ. 1:1- (/UA_- s-. ,..-- ..-
) ,/ Ai 11. Structural~ction Design: Design a pavement structural section based on
.' j/if'(t ' a traffic i' ex per the Traffic Index table provided by the City Traffic
- Engineer, a soils report provided by the applicant and related information
as determined by the City Engineer.
7. Street Improvement Plans: Provide Street Improvement Plans for review
and approval by the City Engineer for all improvements and landscaping
within the public right-of-way.
) ~V
rid '
l
12. Registered Civil Engineer/Land Surveyor: Cause plans, specifications,
calculations, reports and designs for street improvements and grading and
drainage improvements to be prepared and sealed by a Civil Engineer,
Land Surveyor or Architect, as applicable, licensed in the State of
California and submitted to the City Engineer for approval.
13. Standard Specifications & Details: Comply with the City of Campbell
Standard Specifications and Details for Public Works Construction.
/)/ ;;(//
Y
) I ..J' I
! 11'1
',.11' .
,'I '.
14. Streets and Sidewalks: Comply with Title 11 of the Campbell Municipal
Code concerning Streets and Sidewalks.
15. San Tomas Area Neighborhood Plan: Comply with the San Tomas Area
Neighborhood Plan design standards.
Planning Commission Resolution No. 2999
S 95-12 - 1282 Burrows Road
Page 4
\,
. )01
'/1' } j/Il'
iVIf..' (
Y.
~i~/Jf. " 17. Right-of-Way Dedication: The street right-of-way width is currently 30'
/jf7J~~f; t\ from centerline for the parcel. The applicant should apply for a street
.(1.--, '/ -rki right-of-way vacation to reduce the existing right-of-way from 30' to 20'
rl <,'" 1/) I ,/ from centerline. The current fee for this vacation is $550.
~ , y'
I 1/18. Title Report: Furnish current Preliminary Title Report.
16. Disability Standards: Comply with the Americans With Disabilities Act
and the California Disability Access Regulations, whichever applies.
Y;Underground Utilities: Install electrical, telephone and cable television
facilities underground, in accordance with the provisions of Chapter
20.36.150 of the Campbell Municipal Code and as required by the City
Engineer, prior to occupancy.
--//20. Utility Construction Coordination in Public Right-of-Way: Submit a
Utility Coordination Plan and Schedule for approval by the City Engineer,
for installation of electrical, gas, telephone, cable television, sewer, water
and storm drain improvements to minimize damage to City streets,
sidewalks and related facilities.
\ 21. Sanitary Sewer Service: Install a sanitary sewerage system to serve all lots
in conformance with the requirements of the West Valley Sanitation
District.
22. Water Service: Install a water distribution system to serve all lots in
conformance with the requirements of the San Jose Water Company.
./
23. Other Utility Services: Install electrical and gas services in conformance
with the requirements of Pacific Gas & Electric Company. Install
telephone services in conformance with the requirements of Pacific Bell.
Install cable television facilities in conformance with the requirements of
TCI Cable.
It! Il/2A. ~ark Impac.t F~es and. Park ~and Dedication:. ~edicate ~and or pa:r fee in
/l/ beu of dedIcation, pnor to Issuance of a BUIlding PermIt, as reqUIred by
Chapters 13.08 and 20.24 of the Campbell Municipal Code. This condition
is not applicable if the fee has been previously paid.
Planning Commission Resolution No. 2999
S 95-12 - 1282 Burrows Road
Page 5
~ 25. Security: Provide guarantees to design and construct all public
improvements by cash, bonds, letters of credit or other legal instruments
acceptable to the City Attorney. Appropriate adjustments in the security
will be made as a result of prior security provided and agreements
executed for the subject parcel.
26. Street Improvement Agreement: Complete and record an
amendment to the existing City of Campbell's Deferred Street
Improvement Agreement for construction of public improvements.
/1/
27. Encroachment Permit: Obtain an Encroachment Permit for parcel, pay
fees and deposits, provide bonds and insurance certificates for all
construction within the public right-of-way. Encroachment Permit
includes one year post-construction, maintenance period requirements.
28. Dust Control: Implement the requirements of the Bay Area Air Quality
Control Management District including the following mitigation
measures:
A. Water all exposed or disturbed soil surfaces to control dust, as
necessary, but not less than twice daily;
B. Water areas of digging and grading operations;
C Suspend grading or other dust producing activities during periods
of high wind;
D. Water or cover stock piles of soil debris, sand and other dust
producing material;
E. Sweep construction area and surrounding streets daily.
F. Cover trucks with tarp during hauling.
IV 29. Completion Prior to Occupancy: Complete construction of all required
off-site and on-site improvements prior to occupancy of any structure.
30. Residential Fire Sprinkler System: Provide an approved residential fire
sprinkler system throughout. NFPA 13-D, 1989 edition.
Planning Commission Resolution No. 2999
S 95-12 - 1282 Burrows Road
Page 6
31. All-Weather Surface Driveway: The driveway for the project shall be
provided with an approved all-weather surface prior to issuance of any
building permit. The fire district shall inspect the driveway for
compliance.
32. Driveway Gates: Any gate constructed across the driveway shall be
provided with an approved fire district key locking device. Contact
Central Fire for an application.
PASSED AND ADOPTED this 26th day of September, 1995, by the following
roll call vote:
AYES:
Commissioners:
Alne, Higgins, Jones, Kearns, Meyer-
Kennedy
None
Lindstrom, Lowe
None
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
APPROVED:
Jane Meyer-Kennedy, Chair
ATTEST:
Steve Piasecki, Secretary
1260 BURROWS - CHRONOLOGY OF EVENTS
APPLICATION: V 88-08, PM 88-8, S 92-01, EP 89-187, EP 90-207
APN # 406-16-73 & 74
ADDRESS: 1260 & 1270 BURROWS ROAD
APPLICANT: RICHARD McCLELLAND (FRANK MARTINEZ)
DATE: JUNE 15, 1992
APPLICATION: S 95-11 AND S 95-12
APN # 406-16-078
ADDRESS: 1260 & 1282 BURROWS ROAD
APPLICANT: LSI CONSTRUCTION/AHMED SOBOUTI
DATE: SEPTEMBER 11, 1995
- In 1984, the assessors parcel maps showed one lot for this property.
- In 1985, the assessors parcel maps showed two lots for the property. In March of 1985, Tim
Haley in Planning advised the property owner that unless they could demonstrate how this
lot had been legally split, the matter would be referred to our City Attorney. Planning's issue
with the two lots was that they were not in conformance with standards for minimum lot/flag
lot sizes.
- In July of 1985, the matter was brought to the attention of the assessor, who corrected the
assessor's maps to again show only one lot for this property.
- In 1987, the owners of the property provided deeds showing that the property existed as two
lots since before the City's subdivision ordinance was adopted, and that no legal actions had
been taken to combine the two lots. The property owners requested that a certificate of
compliance be issued for the two lots. Staff agreed, but the application for the certificate of
compliance was never filed and the process never accomplished.
- 9/13/88 - A variance was granted by the Planning Commission to allow a variance in the
minimum lot area width from 60' to 45' for the front parcel, and a minimum lot size from
11,000 to 8,782 sq. ft. for the rear parcel. The finding for allowing the variance was due
to the fact that the lots were created under the jurisdiction of the County and the necessitation
of the variance was brought about by the annexation of the properties into the City. This
variance also included a new location for the lot lines that more equitably split the property
into two lots.
- Also, at the same Planning Commission meeting, approval was granted for a tentative parcel
map to accomplish the lot line adjustment. It seems that normal procedures after the granting
of the variance should have been for the applicant to file a lot line adjustment. For some
reason, the applicant filed a parcel map to adjust the lot lines and legitimatize the two lots.
The applicant may have been advised to file a parcel map by previous staff members in order
for the City to impose street improvement and dedication requirements - since these cannot
be imposed on a lot line adjustment. The tentative map approval required installation of
street improvements and dedication of additional right-of-way.
1260 Burrows - Chronology of Events
Page 2
- 4/14/89 - An application for an encroachment permit and plans to install street improvements
were received (#89-187).
- The owner of the property decided to sell the two lots and wanted the new owners (Lemperts)
to pay for all costs involved in the final parcel map approval (final map fees, storm drain
fees, surety for the street improvement agreement, plan check and inspection fees and
refundable deposits) as well as having the new owner sign the street improvement agreement.
- The final map was prepared and signed by DCW on September 26, 1989.
- 9/26/89 - Encroachment permit plans were approved and put in pending. Street improvement
agreements were prepared for the new owners signature (Lemperts), a surety in the amount
of the engineers estimate of $15,200 was requested, plan check and inspection fees of $1,064
and a cash deposit of $608 were requested. Storm drain fees of $757 were also due before
issuance of permit.
- The original parcel map was given to California Land Title Company on October 12, 1989,
to be held in escrow along with instruction for recording - only to be done when and if
certain conditions were met. (i.e. those listed above, fees paid, agreements signed, etc.)
- 12/12/89 - The owner requested the encroachment permit # 89-187 be allowed to expire.
- 8/19/90 - Another encroachment permit application was filed (#90-207) for street
improvements.
- 9/7/90 - California Land Title returned the unrecorded original parcel map to us, stating that
the escrow was terminated and that the deal had not been completed.
- 9/23/90 - The Planning Director granted a one-year extension to the tentative parcel map,
extending the map until September 23, 1991.
- 3/18/91 - The encroachment permit application #90-207 expired.
- In February 1992 , another one-year extension was granted on the tentative map until
September 23, 1992. At that time, the applicant was advised that the City had recently
adopted a park impact fee ordinance that would apply to any new units that the property
owner may be proposing to construct on the property.
- 4/29/92 - The Planning Commission granted site (S 92-01) approval for the construction of
two single family homes on the property. Conditions of the site approval included the filing
of the final map, storm drain fees, grading and drainage plans, installation of street
improvements, dedication, and park impact fees of $10,990 (one new unit @ $1O,990/each).
- June, 1992 - Other developments in the area made it reasonable for staff to try and put
together improvements required from developments with some City money to have
1260 Burrows - Chronology of Events
Page 3
improvements installed on the east and west side of Burrows. Applicant was notified but
worried that trying to combine project would delay them.
- 6/30/92 - JMH submitted final parcel map for checking.
- 7/31/92 - Agreements (requiring surety of $16,900) were sent to McClellands to satisfy
conditions of approval.
- 10/9/92 - Agreements return to City - signed/notarized by McClellands, no surety amount
indicated. Access easement also returned signed.
- 10/10/92 - Joe Montemayo applied for encroachment permit (#92-227) to install storm drain
per grading plan. Fees paid.
- 10/26/92 - Map signed by DCW, letter to McClellands requesting storm drain fee and park
fees to be due with S 92-01.
- 10/28/92 - Parcel map recorded PM 641 M 36/37.
- 12/7/1992 - Agreement to Council for execution - required security, however, no security
amount indicated. No security found in vault.
- 4/6/93 - Applicant requested permit to be voided.
- 4/29/93 - S92-01 expires.
- 9/2/93 - Access easements recorded.
- 2/16/94 - Refund check for 75 % of plan check and inspection fees for Encroachment Permit
# 92-227 was prepared. Never picked up..
- 3/23/94 - Deferred Street Improvement Agreement recorded.
- 4/4/94 - Staff wrote letter to McClellands asking if deposits should be refunded.
- 6/14/95 - Faithful performance surety, cash deposit & 75% of plan check & inspection fee
for Permit #92-227 refunded and plan check deposit for EP #90-207 refunded.
- 8/30/95 - S 95-11 and S 95-12 filed.
- 9/27/95 - S 95-11 and S 95-12 approved by Planning Commission.
J :\MQ\1260BURR.NTS