Reinstate PD - 2003
To: City Clerk
Please collect and receipt
For the following monies.
Planning Filefo: PL~~~R~;;].J:> .
Address:+Z2: --& -i'{'T"''-''
AMOUNT
ITEM
'1. Maior.
A. 5+ acres -
General Plan Amendment (Act 4660)
Zone Change (Act 4660)
Planned Development Permit (Act 4660)
EIR Review (Act 4660)
B. 1-5 acres -
General Plan Amendment (Act 4660)
Zone Change (Act 4660)
Planned Development Permit (Act 4660)
EIR Review (Act 4660)
C. 0-1 acre
General Plan Amendment (Act 4660)
Zone Change (Act 4660)
Planned Development Permit (Act 4660)
EIR Review (Act 4660)
,,;<:
D.
Initial StudylNegative Declaration (Act 4660)
2. Minor:
A. Subdivision Map (5+ lots) (Act 4660)
Site and Architectural Over IOK s.f. bnildings (Act 4660)
Site and Architectural 5,001 to 10K s.f. buildings (Act 4660)
Tentative Parcel Map (4<lots) (Act 4660)
B. Site and Architectural 1-5,000 s.f. buildings (Act 4660)
Variance (non-residential) (Act 4660)
Use Permits (Act 4660)
Massage Therapy (Act 4660)
Large Family Day Care (Act 4660)
All Others (Act 4660)
Commercial RemodellNo Additional Square Feet (Act 4660)
3. Miscellaneous
A. Variance (residential) (Act 4660)
Modifications of Approval (Act 4660)
Modification PD Permit (Act 4660)
Reinstatements (Act 4660)
Revised Development Schedule (Act 4660)
Extensions of Time (Act 4660)
B. Site and Architectural (residentiaVeach house) (Act 4660)
Minor Modifications to Side Yard Setback (residential) (Act 4660)
Signs (each sign) (Act 4660)
Additional Signs per business (filed at same time) (Act 4660)
Downtown (C-3 Zoning District) Sign Exceptions (Act 4660)
Freeway Oriented Signs (Act 4660)
Sign Programs (five or more signs) (Act 4660)
Sign Exception (Act 4660)
Fence Exception (Act 4660)
Promotional Events (Act 4660)
Administrative PD Permit/Administrative Site & Arch (ACI4660)
Single Family Residential Designated Landmark Alteration
Tree Removal Permit (non SFR) (Act 4660)
Additional Tree Removals (same permit) (Act 4660)
Underground Utility Waiver (Act 4660)
Zoning Verification Letter (Act 4660)
Home Occupation Permit
Pre-Application (50% applied to formal application fee)
4. Other:
Architectural Advisor Fees (for each 90 minutes)
Recording Fees - County
. Code Enforcement
Categorical Exemptions
Negative Declarations
Appeal Filing Fee (Act 4760)
Maps (color - quadrant) (Act 4760)
Maps (Color - full size) (Act 4760)
General Plan Text (Act 4760)
Zoning Code Text (Act 4760)
Copies (per page) (Act 4965)
Reflmdable Deposit - Account 2203
Fire Department Review - Account 01.303.4241
. Architectural Approval (Act 4241)
. Project Plan Review (Act 4241)
. Subdivision (Act 4241)
. CEQA Review (AcI424i)
Park Impact Fee - Account 295.535.4920
Tree Replacement In-Lieu Fees - Account 101.701.4971
12,144.00
11,187.00
13,404.00
Actual Cost + 20% Admin
Overhead
10,145.00
9,312.00
10,549.00
Actual Cost + 20% Admin
Overhead
8,146.00
7,24700
8,206.00
Actual Cost + 20% Admin
Overhead
4,950.00
5,814.00
7,414.00
5,198.00
3,790.00
3,548.00
4,308.00
1,514.00
1,514.00
3,026.00
3,435.00
1,436.00
2,066.00
2,066.00
2,426.00
2,426.00
2,205.00
1,034.00
1,147.00
297.00
99.00
644.00
3,850.00
1,265.00
2,173.00
402.00
233.00
647.00
165.00
110.00
50.00 per tree
294.00
150.00
25.00
512.00
16.00
16.00
50.00
100.00
$3.00 x _ quadrants
33.00
65.00
23.00
1.00 I" pg/.1Opp add'l
Amount Varies
67.00
199.00
$133.00 +$10 per lot
370.00
Amount Varies
Amount Varies
171.00
For City Clerk Only:
Receipt No.:
Amount Paid:
Received by:
~~ZS"
IVED.
OCT 2 - 2006
Exception for Major Projects: It is antici ated that the application processing costs 0 ected majo.ro'ec i'." OfI:E:II'D
exceed the above fees. In these cases, the Community Development Director may collect a deposi. . u...IVII'
process the applications based upon current hourly rates. . - - .'
Note: Adopted on 05/16/06 by Campbell City Council Resolution No. 10639 effective 7/16/06.
d . CAIlt
~. /!)6>
!::: ~
u r-
CAMPBELL
.... ;..
.~ "-
.. ,-,'
ORCH""""
i=-
'-"--
CITY OF CAMPBELL
o
Community Development Department
September 2, 2004
Mr. PeLusa Bastida
75 S. 7th Street
San Jose, CA 95112
Re: Building Permit No.: BLD2004-881, 882, 883, 884 & 885
120,122,124,126 & 128 Shelley Avenue
Dear Mr. Bastida:
The Planning Division has reviewed your building plan submittal for a new 5-unit townhome
project at the above referenced addresses. The City Council adopted Resolution 10227 on
August 5, 2003 granting a Planned Development Permit for the construction of a new 5-unit
townhome project. Staff has reviewed the building permit plans with respect to the Planned
Development Permit Approval. The following issues and/or conditions of approval need to be
addressed prior to the issuance of a building permit:
1. Final Subdivision Map: The Final Subdivision map shall be recorded prior to the issuance of
building permits.
2. Park Impact Fee: The remaining 25% ($6,046.24) is due prior to issuance of a certificate of
building occupancy.
3. Landscaping: The applicant shall submit one set of a final landscape and irrigation plan to
the Planning Division, prior to the issuance of building permits, for review and approval by
the Community Development Director. The landscape and irrigation plan shall substantially
conform with the approved conceptual landscape plan and the City's Water Efficient
Landscaping Standards. Once the final landscape and irrigation plans are approved, the
applicant shall attach the approved landscape and irrigation plans to the building permit set.
Please refer to my letter of August 3, 2004 to Ms. Barbara Harris, which outlines the
requested modifications.
4. Parking and Driveways: All parking and driveway areas shall be developed in compliance
with Chapter 21.28 of the Campbell Municipal Code and the approved project plans. Project
details include, but are not limited to the following:
a. The applicant shall provide decorative pavement within the driveway and in front of the
garages where uncovered parking spaces are provided in the development. The design
and materials to be used for the decorative pavement shall be reviewed and approved by
70 North First Street . Campbell, California 95008-1436 . 1'E'-408.866.2140. FAX408.871.5140. TDD408.866.2790
BLD2004-881, 882. 883, 604 & 885 ~ 120.122,124,126 & 128 ShellevAvenue
PaQe 2 of 2
the Community Development Director prior to issuance of building permits for the
proj ect.
5. Utility Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to
installation of PG&E transformers and San Jose Water Company back-flow preventers,
indicating the location of the facilities and screening (if the facilities are above ground) for
approval by the Community Development Director.
6. On-Site Lighting: On-site lighting shall be shielded away from adjacent properties and
directed on site. The design and type of lighting fixtures and lighting intensity of any
proposed exterior lighting for the project shall be reviewed and approved by the Community
Development Director prior to installation of the lighting for compliance with all applicable
Conditions of Approval, ordinances, laws and regulations. Lighting fixtures shall be of a
decorative design to be compatible with the residential development and shall incorporate
energy saving features.
7. Contractor Contact Information Posting: The project site shall be posted with the name and
contact number of the lead contractor in a location visible from the public street prior to the
issuance of building permits.
Additional comments and information requested:
8. Site Plan: Please provide a continuous 4-foot to 5-foot wide planting strip along the eastern
property line as previously discussed. I have attached a site plan for your reference. Please
revise the Site Plan to reflect this change.
9. Elevations: Please provide elevations for all sides of Building 1 (lots 1, 2, and 3) and
Building 2 (lots 4 and 5).
Thank you for the opportunity to review these plans. Please submit revised drawings to the
Building Division for review and approval. If you have any questions please feel free to contact
me at (408) 866-2142 or by email atmelindad@cityofcampbell.com.
Sincerely,
Melinda M. Denis
Planner I
end: Reduced Site Plan
cc: GeoffBradley, Senior Planner
Ed Arango, Associate Engineer
Frank Mills, Senior Building Inspector
,
. r ' . "
- .
. ...
, ...:... _J
, ,
.J
-"
.L-
.Jl)
l
"
S\
\)
~I @ .
--- ":~-----
r" .' "..' ,IC:\, C\ ..."
.. \U"V. "
r-~'.I
_.--1' -L.__....r
.
: .\
.'
Rr/t1t1Vt', (e.) ~ ).'t
"lJ)II Sf'I'IJJC'E ','.' .
, :
I
, . I
-- -"'.@ @ , ,
----\--- --....
I'
--"
- ..'
. "
. ~ ;,v
.... \J'
~l'i
"'" .
-\1
@.
\'
.
.
, (t' " '
J. .....
. '
U~-P . AN ...... DRAlItMI .. Y T
~',,~ fO/f)", i- .\. veYj~; t:JRI'EIJY C/lfFIM ~e) · :
(eJ TWO S(l7{"-Y,. . (e.) TWO srOfP,Y .. \. . t. (~.) fWd GTOfi.
",. . ,'.)
, .,
:=
,[ =
FIRE DEPARTMENT
'1. i. Require. .^C(~ 1
. portionl of the It~
. 'f_ of ~....el diltl
. '
~dw" co"hun,
,",,,,ide an' on-!lit
.ppro",eCi ,.Wel
.throupout all "
1. ,Fir.e ',ane Marki
..pmvide ....rk"',
I
:j'
t.:-,
I /""- -
PtlBLIi.c .<KS DEPARTMENT RECEIPT -
ltffoctlY1l July 1, 2004
TO: City Clerk PUBUCWOIUUl PILE 110. W 1; - f5(J/) P;O
PROPER1T ADDRESS /22 c:sntJ ILU Av/J
Pleaae collect" recoipt for tbe foUowlDI monies: I
ACCT, .1tZIIl AllOUln'
ENCROACBMEIlT PEIlIIIT
4722 ApplIcation Pee
1I0D-tlWty ItIlcroacluDeot PenDlt ($288.(10)
MiDor ltDaroaahmmat PenIllt < $5.000 ($119.00)
R-l Jl'lnt Permit (Ro Pee) _ueot '$1211.00)
UW'" Bacroacbmeot Penolt
ArterIaJ/CoUector 8_t ($1115.00\
RooldeotllllS_t OtIler Area '$283.00)
:1203 PIao Cbeclt _It _ of_. Eot, $110O miD\
:1203 I'aIthful Perfo_ce _....ll'P8) (100% ofENGR.EST-:i' .
:1203 Labor..d JIIl__ty (100% of ENGR. EST.
2203 ___tatloo Seearl.... (l00%efMGR.E8T, . ..,. rTrH:> -
2203 CUb .........It (lI'Ib of ENGR. .........r$1IOO miD/$10,ooo IW<I L~(.. --
:1203 Labor ..d JIIlteria1 Secorl... (100% ofMGR. EST.
PIao Cbeclt 6: lupectloo Pee (Roo-UWty) 4.=i3o -
4722 ....r .Eot. < $2110.000 (14% ofMGR. EST,)
.. :1203 .....r. Eoh$2lIO.000 (De_It 8% of ....r. Eot.I$3O.ooo miD)..
4722 UtW... < $100.000 (8%)
MiDimum Charle Per Location ($180.00)
Coodulto/PlpeIlD_ up to 110O Peet ($2.2II/ft)
_110O Unear Peet ($UII/ft)
1Iaaho1_/VaultolEte. ($1211.00/ea)
Pele Set/Rem....l ($12II.00/ea)
S_t TI'M PIaotlol!/1leIDoft.\ ($ 125.00 lea)
.. 2203 UW--.;- > $100,000 MtuaJ Coat + 20% .. .
4780 8to~.0 CootalDor Penolt ($1211.00)
4780 Pro"'ct PiaIUI 6: -dftoatlo... Prolect No.
4780 8ta_ ........llIcatlo... It Detal10 ($lIH $ll1.lIOl1Ilt\
4780 Co.... of ......ee-. ..... It Plaaa
Aartal Plot 24" :It 3811 ($52.001
Aartal PrlDt 8 1 2"':It II" ($21.001
JIIl- ....d Plaaa :U" z 38" ($8.00
4722 Peaalti_: Pallare to ...tore DUbUc lIDDI'Oftmeab ($I00/CII1eodar Dol....._ """" ....11....0'0)
4722 Penalties: ltaUure to COITeCt uaaafe aoDdttlolU ($I00/CIIleodar Dol..)
4722 Work Wltboat Permlb (4 TIm. ADolloable Peo)
lAND DEVELOPMENT
4722 Lot Uno Adhllltmlll1t 1$7711.001
4722 Parce111a';-i4 Loto or ~l '$2.400.00 + $3lI/lot)
4722 Filial Tnet JIll. (II or lion LoU) ($3.200,00 + $311/lot)
4722 Cortlllcato of Cool_co 1$813.00)
4722 Corti_to 01 CorrectIoo 1$378.00
4722 No'.~ Pee -';;;r .t._tore) ($10.00\
4722 VacalloD of Pab1lc Streets .. JtuemeDU l.~,oeo,ool
4722 ~ellt Seare2aUoo or ReapportlODJDellt
Jl'Int8pllt ($6711.00)
\tach MdItioD&1 Lot ($200.00\
4721 Storm Drablqe Area Pee Per Acre: (R-l $2.080)
(Multi-Roo. $2.318) 01 fAr ~
It\1l OtIler, $2.117111
41130 Parldud Dedlcatloo Peo l7ll%/211'110 Due UDoo Cert, of Occ~ f1iIl' l~q ;;J.. &;,
1111.7424 ""'''.0 ,
TRAn'lC
4728 IDtenectloD 'lUnJ Counto (Two-Hour Countl ($74.211)
4728 lDtenectioD TurD Couau (a.m. or D.m. 1Ml&ka\ ($1411.00\
4728 Traftlc Plow Jlan mo..... Trafftc: VolUDIu) ($31.00)
4728 eam.....u 'h'aftIe _e1 (FuI1 8coue _.......ODt) l/IIltual)
4728 eamDbeU 'h'aftIe lIode1lRedl1CCCl &co.... _meot) (Aatual)
4728 st;;,al n;;;;;;; IDl0noatloll 1$82 Dr)
4271 Tnaclt Penotto '$18,00/...... trilll
4728 No ... ($I/each or $25/100)
0TBEll
TOTAL $ 3~ 1B4 0 9-5
'reJu '7ft .~q.; dtp.. - &'~wJ{~ 7~-MifS
NAME OF APPUCANT
NAME OF PATOR .:tel b ~?t1~ -t s~/tl~ PMM PHONE 7iO.-c)i?4 &,
15 S q-.ft-.. st S\ J4 r_1 ~II 'L
ADDIIE8S (~. ZIP
..Actual Coot PI"" 20% o..erh-d ""nn_lDte_t _" deooalt)
/" . "-
FOR \~ P~~IVED
ClTY cugu[ BY
ONLY Dag'-t. m ~. IlLJqqg'j
. ... . .......
~ .J I LUU"
I""U
"l'or_ Cbeclt _ CUbJlopMlto. _~_ to_. ~LO~ ' l
- ,.;,...,." ,.., Ul I l~'" I
j \forms\receJpt form 04-05 ("",6123104) )< ~I -
u
l'-~d,~ dtt ~
FYi)
~------
o~ . CAIlt
. :/.)6>
t: ~
.... r-
u r-
.-.
CAMPBELL
....
'5-",
;..
"-
,-,'
r-
(j
ORCHI\"'O
CITY OF CAMPBELL
Community Development Department
August 3, 2004
Ms. Barbara Harris
Landscape Architect
P.O. BOX 11'0344
Campbell, CA 95011
Re: File No.: PLN2003-52, 67 & 82
122 Shelley Avenue
Dear Ms. Harris:
Thank you for your continued work on the 5-unit town home project located at 122 Shelley
Avenue. As per our conversation on Tuesday, July 27, 2004, please revise the landscape plans
for122 Shelley Avenue as follows:
1. The 22" and 17" Pine trees located along the westerly property line, in the rear yard of Lot 1,
fell over this past winter and were subsequently removed. Please select a 24" box
replacement tree for each Pine tree. Please indicate the species and location of the
replacement trees on the Planting Plan.
2. The 18" Pine tree located along the westerly property line, in the rear yard of Lot 2, is
reportedly diseased and the property owner wishes to remove the tree. Please select a 24"
box replacement tree for the Pine tree. Please indicate the species and location of the
replacement tree on the Planting Plan.
3. Please refer to the enclosed site plan for the minor modifications to the planter bed along the
easterly property line. The Red Trumpet Vine will also be replaced with a Lavender
Flowering Crape Myrtle.
Please stamp and sign four sets of the complete landscape package (sheets LI to L6) and submit
to the Planning Division for review. I appreciate your willingness to continue working on this
project, as I know it has been a very long process. Please feel free to contact me if you have any
questions at (408) 866-2142 or by email atmelindad@cityofcampbel1.com.
Sincerely,
cltJe!ut~ -r/?4Yj ~
Melmda M. Denis ~
Planner I
Encl: Reduced Site Plan
Cc: GeoffBradley, Senior Planner
PeLusa Bastida, 75 S. 7th Street, San Jose, CA 95112
70 North First Street. Campbell, California 95008-1436 ' TEL 408.866,2140 ' FAX 408.871,5140 . Tn!) 408.866.2790
~~O~. C"'-11,oQ
!:: <:-
u ...
o 0
.. ..
~ ..
~ ,,'
.O~CH~"'~.
City of Campbell -- Community Development Department
70 N. First Street, Campbell, CA 95008
MEMORANDUM
To: Ed Arango, Associate Engineer
From: Melinda Denis, Planner I ~
Date: March 18, 2004
Subject: Final Map - 122 Shelley A venue - PLN2003-52 (R), 67 (TS) & 82 (TRP)
In response to your request, the Planning Division has the following comments regarding the recordation of
a tract map for the subdivision proposed at 122 Shelley A venue:
Final Map
1. Payment of a park dedication fee as follows:
Park Dedication:
Final Map (5 x $7,035) x .75 = $26,381.25 with a credit of $10,990.00 x .75 = $8,242.50 for the
existing lot or a fee at final map of $18,138.75.
Park Impact:
At building final or occupancy (5 x $7,035) = $35,175.00 with a credit of one dwelling unit at
$10,990.00 and a credit for payment of park dedication fees of $18,138.75 resulting in a park impact
fee of $ 6,046.25 at building final/occupancy.
2. Covenants, Codes, & Restrictions (CC&R's): Submittal of the Final Covenants, Codes, & Restrictions
with the attached revisions from the Offices of Hanna & VanAtta Attorneys at Law.
End: CC&R revisions, 03/15/04
IlANNA & VAN ATTA
ATIORNEYS AT LAW
A PARTNERSHIP OF PROFESSIONAL CORPORATIONS
525 UNNERSITY AVENUE, SUITE 705
PALO ALTO, CALIFORNIA 94301-1921
JOHN PAUL HANNA
A PROFESSIONAL CORPORATION
DAVID M. VAN AlTA
A PROFESSIONAL CORPORATION
March 15, 2004
Community Development Department
Planning Division
City of Campbell
70 N. First Street
Campbell, CA 95008
Attn: Melinda Denis
RECEIVED
MAR 1 6 2004
CITY OF CAMPBELL
PLANNING DEPT.
Re: Shelley Townhomes - 122 Shelley Avenue
Dear Melinda:
Enclosed are the revisions that you requested to section 7.3 of the CC&Rs for Shelley
Townhomes.
Please call me if you have any questions or comments.
Thank you for your assistance.
John Paul Hanna
JPH:sm\DENls
Enclosures
cc: Pelusa Bastida, 75 S. 7th Street, San Jose, CA 95112
Judy Braillard, Chicago Title Company, 6120 Stoneridge Mall Road
Suite 120, Pleasanton, CA 94588
TELEPHONE
(650) 321-5700
FACSIMILE
(650) 321-5639
C. The Association may install a sign at each vehicular entrance to the Project
containing a statement that public parking is prohibited and that all vehicles not authorized to park on the
Project will be removed at the owner's expense. The sign shall contain the telephone number of the local
traffic law enforcement agency and shall not be less than 17 x 22 inches in size with lettering not less than
one (1) inch in height.
D. The Association may cause the removal of any vehicle wrongfully parked on the
Project, including a vehicle owned by an occupant of a Lot. If the identity of the registered owner of the
vehicle is known or readily ascertainable, the President of the Association or his designee shall, within
a reasonable time thereafter, notify the owner of the removal in writing by personal delivery or first- class
mail. In addition, notice of the removal shall be given to the local traffic law enforcement agency
immediately after the vehicle has been removed. The notice shall include a description of the vehicle, the
license plate number and the address from where the vehicle was removed. If the identity of the owner
is not known or readily ascertainable and the vehicle has not been returned to the owner within one
hundred twenty (120) hours after its removal, the Association immediately shall send or cause to be sent
a written report of the removal by mail to the California Department of Justice in Sacramento, California
and shall file a copy of the notice with the proprietor of the public garage in which the vehicle is stored.
The report shall be made on a form furnished by the Department of Justice and shall include a complete
description of the vehicle, the date, time and place from which the vehicle was removed, the amount of
mileage on the vehicle at the time of removal, the grounds for removal and the name of the garage or
place where the vehicle is stored. Notwithstanding the foregoing, the Association may cause the removal,
without notice, of any vehicle parked in a marked fire lane, within fifteen (15) feet of a fire hydrant, in
a parking space designated for handicapped without proper authority or in a manner which interferes with
any entrance to, or exit from, the Project or any Lot, parking space or garage located thereon. The
Association shall not be liable for any damages incurred by the vehicle owner because of the removal in
compliance with this section or for any damage to the vehicle caused by the removal, unless such damage
resulted from the intentional or negligent act of the Association or any person causing the removal of or
removing the vehicle. If requested by the owner of the vehicle, the Association shall state the grounds
for the removal of the vehicle.
E. Garage space shall not be converted into 9t:::~~~:::t9f any use (such as a
recreational room or storage room) that would prevent its use as parkiIigspaceHforthe number of vehicles
the space was designed to contain. ~IWg::::m~#.~f$l~n?#.9#tw:!@~@'JiQi.j:~t9#i.g~::::IW#p.9.~. Owners are
to use their assigned parking spaces fori>ar:kingof'illeir"vehiCiessothiiiunassignedCommon Area parking
will be available for guest parking. The Association may establish Rules from time to time for the
parking of vehicles in the Common Areas.
The provisions of this section 7.3 are intended to comply with Vehicle Code section 22658.2 in
effect as of January 1,2004. If this Vehicle Code section is amended, this provision automatically shall
be amended in the same manner. If this section is repealed and no successor section is enacted, this
provision shall remain in full force and effect. Vehicle Code section 22658.2 may have been amended
by the State Legislature since this Declaration was recorded, and the Board should confirm the current
statutory requirements.
7.4 Commercial Activity: No business, professional, or commercial activity of any kind shall
be conducted on any Lot except as provided in section 7.1.
7.5 Storage in Common Area: Nothing shall be stored in the Common Area without the
prior consent of the Board.
03/15/04
T:I WPWIN60IPROJECTSISHELLEY.A VEIDEC
-26-
C. The Association may install a sign at each vehicular entrance to the Project
containing a statement that public parking is prohibited and that all vehicles not authorized to park on the
Project will be removed at the owner's expense. The sign shall contain the telephone number of the local
traffic law enforcement agency and shall not be less than 17 x 22 inches in size with lettering not less than
one (1) inch in height.
D. The Association may cause the removal of any vehicle wrongfully parked on the
Project, including a vehicle owned by an occupant of a Lot. If the identity of the registered owner of the
vehicle is known or readily ascertainable, the President of the Association or his designee shall, within
a reasonable time thereafter, notify the owner of the removal in writing by personal delivery or first- class
mail. In addition, notice of the removal shall be given to the local traffic law enforcement agency
immediately after the vehicle has been removed. The notice shall include a description of the vehicle, the
license plate number and the address from where the vehicle was removed. If the identity of the owner
is not known or readily ascertainable and the vehicle has not been returned to the owner within one
hundred twenty (120) hours after its removal, the Association immediately shall send or cause to be sent
a written report of the removal by mail to the California Department of Justice in Sacramento, California
and shall file a copy of the notice with the proprietor of the public garage in which the vehicle is stored.
The report shall be made on a form furnished by the Department of Justice and shall include a complete
description of the vehicle, the date, time and place from which the vehicle was removed, the amount of
mileage on the vehicle at the time of removal, the grounds for removal and the name of the garage or
place where the vehicle is stored. Notwithstanding the foregoing, the Association may cause the removal,
without notice, of any vehicle parked in a marked fire lane, within fifteen (15) feet of a fire hydrant, in
a parking space designated for handicapped without proper authority or in a manner which interferes with
any entrance to, or exit from, the Project or any Lot, parking space or garage located thereon. The
Association shall not be liable for any damages incurred by the vehicle owner because of the removal in
compliance with this section or for any damage to the vehicle caused by the removal, unless such damage
resulted from the intentional or negligent act of the Association or any person causing the removal of or
removing the vehicle. If requested by the owner of the vehicle, the Association shall state the grounds
for the removal of the vehicle.
E. Garage space shall not be converted into or used for any use (such as a
recreational room or storage room) that would prevent its use as parking space for the number of vehicles
the space was designed to contain. Parking spaces shall not be used for storage purposes. Owners are
to use their assigned parking spaces for parking of their vehicles so that unassigned Common Area parking
will be available for guest parking. The Association may establish Rules from time to time for the
parking of vehicles in the Common Areas.
The provisions of this section 7.3 are intended to comply with Vehicle Code section 22658.2 in
effect as of January 1, 2004. If this Vehicle Code section is amended, this provision automatically shall
be amended in the same manner. If this section is repealed and no successor section is enacted, this
provision shall remain in full force and effect. Vehicle Code section 22658.2 may have been amended
by the State Legislature since this Declaration was recorded, and the Board should confirm the current
statutory requirements.
7.4 Commercial Activity: No business, professional, or commercial activity of any kind shall
be conducted on any Lot except as provided in section 7.1.
7.5 Storage in Common Area: Nothing shall be stored in the Common Area without the
prior consent of the Board.
03/15/04
r:\ WPWIN60\PROJECrS\SHELLEY.A VEIDEC
-26-
o~ .c~/.)
~.. ~
~ ~
U l""'
o 0
... .lo.
"S- ...
~ "'....
'OI/CHA\lQ.
Community Development Department
Memorandum
Date:
February 10,2004
To:
Bill Seligmann, City Attorney
From:
Melinda Denis i_lUCY
Planner I
Re:
PLN 2003-52, 67 & 82 - 122 Shelley Avenue
Bill,
Attached you will find a copy of the Covenants, Conditions and Restriction and the Articles of
Incorporation for the Shelley Avenue Townhomes located at 122 Shelley Avenue. I have also
included a copy of the Conditions of Approval for PLN 2003-52 (Reinstatement) and PLN 2003-
67 (Tentative Subdivision Map). Please review and give me your comments at your earliest
convenience. Please let me know if you have any questions.
Thank you,
Melinda
70 North First Street. Campbell, California 95008-1436 . TEL 408.866.2140 . FAX 408.871.5140 . TOO 408.866.2790
R' r;:: ~ ~ r;~ !"~~~ [l'
~,' HZ>> ti.....-- k." n \,,/ ;,:n '..
tJ Lt:::!i ""..;,.-. ~ ~,J \..I ,"-::.1
FEB 1 i) 2004
CIT\/I"\;- ,", ,. ;1f""BELL
I I U+'" 'JJ.\~\J~'-'-
PLANNiNG DEPT.
ARTICLES OF INCORPORATION
OF
SHELLEY AVENUE TOWNHOMES ASSOCIATION
ARTICLE I
NAME
The name of the corporation (hereinafter referred to as the "Corporation," or the
"Association") is SHELLEY AVENUE TOWNHOMES ASSOCIATION. The corporation is formed to
manage a common interest development under the Davis-Stirling Common Interest Development Act.
ARTICLE II
AGENT FOR SERVICE OF PROCESS
The name of the corporation's initial agent for service of process is: Alfred D'Amico. The
address of the initial Bgent of the corporation is: 14675 Quito Road, Saratoga, CA 95070-_.
ARTICLEID
BUSINESS ADDRESS AND MANAGING AGENT
The corporation has not yet appointed a managing agent. The location of the Corporation's
office, which is off-site is 75 South ith Street, San Jose, CA 95112-_.
ARTICLE IV
PURPOSES OF THE ASSOCIATION
This corporation is a nonprofit mutual benefit corporation organized under the Nonprofit
Mutual Benefit Corporation Law.
The purpose of this corporation is to engage in any lawful act or activity, other than credit
union business, for which a corporation may be organized under such Law.
This corporation does not contemplate pecuniary gain or profit to the Members thereof, and
the specific purpose of this corporation is to provide for management, administration, maintenance,
preservation and architectural control of the residential Lots and Common Area within a certain tract of
property situated in the City of Campbell, County of Santa Clara, California, fronting on Shelley Avenue,
with the nearest cross street being White Oaks Road, Zip Code 95008-0000, and to promote the health,
safety and welfare of all the residents within the property and any additions thereto as may hereafter be
brought within the jurisdiction ofthis Association for this purpose, all according to that certain Declaration
of Covenants, Conditions and Restrictions, hereinafter called the "Declaration" recorded or to be recorded
with respect to said property in the Office of the Recorder of Santa Clara County.
01/22/04
T:\ WPWIN60IPROJECTSISHELLEY.A VElARTS
-1.
lAw Offices of
Hanna & VanAtta
S2S UNIVI?JlSITY ^VEl'lUE. SUlTE70S
PALO ALTO. CA 9ot301
TELEPHONE (650) 321-5700
Notwithstanding any of the above statements of purposes and powers, this corporation shall
not, except to an insubstantial degree, engage in any activities or exercise any powers that are not in
furtherance of the specific purpose of this corporation.
ARTICLE V
DISSOLUTION
This Association is intended to qualify as a homeowners' association under the applicable
provisions of the Internal Revenue Code, and of the Revenue and Taxation Code of California. No part
of the net earnings of this organization shall inure to the benefit of any private individual, except as
expressly provided in those sections with respect to the acquisition, construction, or provision for
management, maintenance, and care of the Association property, and other than by a rebate of excess
membership dues, fees, or Assessments. So long as there is any Lot, or Parcel for which the Association
is obligated to provide management, maintenance, preservation or control, the Association shall not
transfer all or substantially all of its assets or file a certificate of dissolution without the approval of one
hundred percent (100%) of the Member. In the event of the dissolution, liquidation, or winding-up of the
Association, upon or after termination of the project, in accordance with provisions of the Declaration,
its assets remaining after payment, or provision for payment, of all debts and liabilities of the Association,
shall be divided among and distributed to the Members in accordance with their respective rights therein.
ARTICLE VI
AMENDMENTS
These Articles may be amended only by the affirmative vote of a majority of the Board, and
by the affirmative vote (in person or by proxy) of Members representing a majority of the voting power
of the Association and a majority of the votes of Members other than Declarant, or where the two (2) class
voting structure is still in effect (as provided in the Bylaws), a majority of each class of membership,
However, the percentage of voting power necessary to amend a specific clause or provision shall not be
less than the prescribed percentage of affirmative votes required for action to be taken under that clause.
IN WITNESS WHEREOF, for the purposes of forming this corporation under the laws of
the State of California, the undersigned has executed these Articles of Incorporation this _ day of
,2004.
Alfred D'Amico
I declare that I am the person who executed the above Articles of Incorporation, and such
instrument is my act and deed.
Alfred D' Amico
01 /22/04
T:\ WPWIN60\PROJECTS\SHELLEY,A VE\ARTS
-2-
SHELLEY AVENUE TOWNHOMES ASSOCIATION
BYLAWS
TABLE OF CONTENTS
NAME AND LOCATION
Pal!e #
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1
1.1
Name and Location
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1
ARTICLE II
DEFINITIONS
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . .
1
2.1 Incorporation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 1
2.2 Declaration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 1
ARTICLE III
MEETING OF MEMBERS AND VOTING ............................ _ . . . . " 1
3.1 Annual Meeting ............................................. 1
3.2 Special Meetings ............................................. 1
3.3 Notice and Place of Meetings ................................... 2
3.4 Quorum. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 2
3.5 Proxies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 3
3.6 Membership and Voting ....................................... 3
3.7 Eligibility to Vote ..,......................................... 4
3.8 Record Dates ............................................... 4
A. Record Dates Established by the Board ....................... 4
1. Record Date for Notice of Meetings ..................... 4
2. Record Date for Voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 4
3. Record Date for Action by Written Ballot
Without Meeting ........... - . . . . . . . . . . . . . . . . . . . . . . " 4
4. Record Date for Other Lawful Action .................... 4
B. Failure of Board to Fix a Record Date ..........,..... _ . . . . . " 4
1. Record Date for Notice of Meetings ..................... 5
2. Record Date for Voting ..................... . . . . . . . . " 5
3. Record Date for Action by Written Ballot
01/22104
T:IWPWIN6O\PROJEcrS\sHELLEY,A VE\BYTC
-1-
Law Offices of
Hanna &. Van AlIa
S2S UNIVERSITY A VENUe. SUITE 705
P^LO ALTo. CA 94JOl
lflB'HONEC"13) 321.'700
Pal!C #
Without Meeting .................................... 5
4. Record Date for Other Lawful Action .................... 5
5. Record Date Means as of Close of Business ................ 5
3.9 Action Without Meeting ....................................... 5
3.10 Conduct of Meetings .......................................... 5
ARTICLE IV
BOARD OF DIRECTORS; SELECTION; TERM OF OFFICE
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
6
4.1 General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 6
4.2 Number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . . . . . .. 6
4.3 Term of Office .............................................. 6
4.4 Removal; Vacancies .......................................... 6
4.5 Compensation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6
4.6 Indemnification of Corporate Agents .............................. 6
ARTICLE V
NOMINATION AND ELECTION OF DIRECTORS
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
7
5.1 Nomination. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7
5.2 Election, . , , . . . . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7
ARTICLE VI
MEETINGS OF DIRECTORS
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
7
6.1 Regular Meetings ............................................ 7
6.2 Special Meetings ............................................. 8
6.3 Emergency Meetings .......................................... 8
6.4 Quorum. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 8
6.5 Open Meetings .................................,............ 8
6.6 Executive Session ............................................ 9
6.7 TelephonelElectronic Meetings .................................. 9
6.8 Waiver of Notice ............................................ 10
6.9 Notice of Adjourned Meeting .................................. 10
6.10 Action Without Meeting ...................................... 10
6.11 Definition of Meeting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10
6.12 Availability of Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 10
01(22/04
T:\WPWIN6O\PROJECTS\SHELLEY.A VE\BYTC
Pa2C #
ARTICLE VII
POWERS AND DUTIES OF THE BOARD OF DIRECTORS
- .. .. .. ~ .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
10
7.1 Duties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , .. 10
A. Adopt Policies ......................................... 10
B. Oversight and Review of Administration of Association Affairs . . , . .. 11
C. Supervision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11
7.2 Powers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11
A. Manager ..........,.................................. 11
B. Adoption of Rilles ...................................... 11
C. Assessments, liens and Fines .............................. 11
D. Enforcement (Notice and Hearing) .......................... 11
E. Contracts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12
F. Delegation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12
G. Appointment of Trustee .................................. 12
H. Other Powers .......................................... 12
7.3 Prohibited Acts .......................................,...... 12
ARTICLE VIII
ASSOCIATION DUTIES AND RESPONSIBILITIES ........................... 13
8.1 Association Duties ........................................... 14
A. Maintenance ........................................... 14
B. Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 14
C. Discharge of Liens ....................................... 14
D. Assessments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . . . .. 14
E. Expenses and Obligations .................................. 14
F. Enforcement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14
G. Records.. . . . . . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . .. 14
H. Contracts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14
1. Financial Requirements ................................... 14
ARTICLE IX
OFFICERS AND THEIR DUTIES
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
14
9.1 Enumeration of Officers ..............................,....... 14
9.2 Election of Officers .......................................... 14
9.3 Term. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 15
9.4 Special Appointments ........................................ 15
9.5 Resignation and Removal ..................................... 15
9.6 Vacancies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 15
9.7 Duties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 15
01/22/04
T:\WPWIN6O\PROJECfSISHELLEYA VE\BYTC
-3-
Pa2e #
A. President. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 15
B. Vice President ................... _ . . . . . . . . . . . . . . . . . . . .. 15
C. Secretary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 15
D. Chief Financial Officer ................................... 15
ARTICLE X
COMMITTEES
.. . .. .. .. . . . . .. .. .. .. . .. .. . .. .. .. .. . .. . .. .. .. .. .. .. .. .. .. .. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
16
10.1 Architectural and Nominating Committee ......................... 16
10.2 Other Committees .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 16
10.3 Limitations on Committees. . . . . . . . . . . . . . . . . . . . . . . . . _ . . . . . . . . . .. 16
10.4 Purpose of Committees ,..,................................... 16
ARTICLE XI
BOOKS AND RECORDS
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
16
11.1 Inspection by Members ....................................... 16
11.2 Rules for Inspection ......................................... 16
11.3 Inspection by Directors ....................................... 17
11.4 Documents Provided by Association .............................. 17
ARTICLE XII
FINANCIALANDREPORTINGREQUIREMENTS ............................17
12.1 Budgets, Financial Statements and Reports ......................... 17
12.2 Reserve Studies ........................ _ . . . . . . . . . . . . . . . . . . .. 19
12.3 Reserve Account Fund Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 20
12.4 Reserve Account Withdrawal Restrictions .......................... 21
12.5 Review of Financial Records .................................... 21
12.6 Future Changes in Financial Records and Reserve Account Requirements 21
ARTICLE XIII
MISCELLANEOUS ..................................................... 12
13.1 AInend.ments ............................................... 21
13.2 Conflicts... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., 22
13.3 Fiscal Year ................................................. 22
13.4 Determination to Initiate Construction Claims Under Title 7
(Part 2, Division 2) of the Civil Code .............................. 22
01/22/04
T:\WPWIN60\PROJECTS\SHELLEY.A VE\BYTC
-4.
BYLAWS OF
SHELLEY AVENUE TOWNHOMES ASSOCIATION
ARTICLE I
NAME AND LOCATION
1.1 Name and Location. The name of the corporation is SHELLEY AVENUE
TOWNHOMES ASSOCIATION, hereinafter referred to as the "Association." The principal office of the
Association shall be located at the Project, or at such other place as may be designated by the Board.
ARTICLE II
DEFINITIONS
2.1
reference herein.
Incorporation. The definitions contained in the Declaration are incorporated by
2.2 Declaration. "Declaration" shall mean and refer to the Declaration of Covenants,
Conditions and Restrictions applicable to the Project recorded in Santa Clara County, and subsequent
amendments thereto.
ARTICLE ill
MEETING OF MEMBERS AND VOTING
3.1 Annual Meeting. The first meeting of the Members, whether an annual or a special
meeting, shall be held within one (1) year from the date of incorporation of the Association or within
forty-five (45) days after the closing ofthe sale of the Project interest which represents the fifty-first (51st)
percentile interest authorized for sale under the first final public report for the Project, whichever occurs
first, but in no event later than six (6) months after the close of escrow on the sale of the first subdivision
interest in the Project. The next annual meeting shall be set by the Board so as to occur no later than
ninety (90) days after the close of the Association's fiscal year. Subsequent annual meetings of the
Members shall be held within thirty (30) days of the same day of the same month of each year at such
time as the Board directs. If the day for the annual meeting of the Members is a legal holiday, the
meeting will be held at the same hour on the first day following, which is not a legal holiday (excluding
Saturday and Sunday).
3.2 Special Meetings. Special meetings of the Members shall be promptly scheduled
at any time by the Board in response to the vote of a majority of the Board of Directors, or in response
to a request by the Chairman of the Board, the President, or upon written request of the Members
representing five percent (5%) of the total voting power of the Association. If the Association is the
obligee under a bond or other arrangement to secure performance of the commitment of the Declarant to
complete Common Area improvements which have not been completed prior to the close of escrow of
the sale of the first Lot, and the provisions of section 9.10 of the Declaration are applicable, a special
meeting of Members may be called in accordance with the provisions of section 9.10 of the Declaration,
which provisions are incorporated by reference herein.
01/22/04
T:\ WPWIN60\PROJECTSISI:lELLEY,A VElBY
-1-
LAw Offices of
Hama &. Van AUa
S2S UNIVERSITY AVElIIUE. SUITE705
PAW ALTO. CA ~JOI
TELEPIIO!<E(65O) 321-5700
If the Association is the obligee under a bond or other arrangement to secure performance
of the commitment of the Declarant to pay Assessments on Lots owned by Declarant, and the Assessments
are delinquent for thirty (30) days, and the provisions of section 9.11 of the Declaration are applicable,
a special meeting of Members may be called in accordance with the provisions of section 9.11 of the
Declaration, which provisions are incorporated by reference herein.
3.3 Notice and Place of Meetin~s. Written notice of each meeting of the Members,
annual or special, shall be given by, or at the direction of, the Secretary, when the meeting has been called
pursuant to section 3.2 above, by mailing a copy of such notice, first-class mail, postage prepaid, at least
ten (10) but not more than ninety (90) days before such meeting to each First Lender requesting notice
and to all Members, addressed to the Member's address last appearing on the books of the Association,
or supplied by such Member to the Association for the purpose of notice. Such riotice shall specify the
place, day and hour of the meeting, and, in the case of a special meeting, the purpose of the meeting. If
action is proposed to be taken at any meeting for approval for any of the following proposals, the notice
shall also state the general nature of the proposal. Member action on such items is invalid unless the
notice or written waiver of notice states the general nature of the proposal(s): (a) removing a director
without cause; (b) filling vacancies in the Board of Directors by the Members; (c) amending the Articles
of Incorporation; (d) approving a contract or transaction in which a director has a material financial
interest. Meetings shall be held within the Project or at a meeting place within the same county, as close
to the Project as possible.
3.4 Quorum. The presence either in person or by proxy, at any meeting, of Members
entitled to cast a majority plus one (1) of the total voting power of the Association (excluding the number
of votes as to which voting rights are suspended at the time of the subject meeting), shall constitute a
quorum for any action except as otherwise provided in the Declaration, or these Bylaws. If, however,
such quorum shall not be present or represented at any meeting, a majority of the Members entitled to vote
thereat shall have power to adjourn the meeting to a date not less than five (5) days and not more than
thirty (30) days later, without notice other than announcement at the meeting, until a quorum as aforesaid
shall be present or be represented.
The Members present at a duly called or held meeting at which a quorum is present may
continue to do business until adjournment, notwithstanding the withdrawal of enough Members to leave
less than a quorum, provided that not less than twenty-five percent (25%) of the total voting power of the
Association remains present in person and/or by proxy, and provided further that any action taken shall
be approved by a majority of the Members required to constitute a quorum, and that the only matters that
may be voted upon at said adjourned meeting are matters the general nature of which was noticed not less
than ten (10) nor more than ninety (90) days before the date of the meeting to each Member entitled to
vote at the meeting. If a time and place for the adjourned meeting is not fixed by those in attendance at
the original meeting or if for any reason a new date is fixed for the adjourned meeting after adjournment,
notice of the time and place of the adjourned meeting shall be given to Members in the manner prescribed
for annual meetings.
Notwithstanding anything herein to the contrary, for purposes of obtaining membership
approval of special Assessments or increases in annual Assessments as may be required by section 4.4 of
the Declaration, a "quorum" means more than fifty percent (50%) of the Members of the Association.
01/22/04
T:I WPWIN60IPROJECTSISHELLEY.A VEIBY
-2-
3.5 Proxies. At all meetings of Members, each Member may vote in person or by
proxy. All proxies shall be in writing and filed with the Secretary before the appointed time of each
meeting. Every proxy shall be revocable and shall automatically cease upon conveyance by the Member
of his Lot, or upon receipt of written notice by the Secretary of the Board of the death or judicially
declared incompetence of a Member prior to the counting of the vote, or upon the expiration of eleven
(11) months from the date of the proxy. Any form of proxy distributed by any person to the membership
of the Association shall afford the opportunity to specify a choice between approval and disapproval of
each matter or group of matters to be acted upon. The proxy shall provide that, where the Member
specifies a choice, the vote shall be cast in accordance with that choice. The proxy also shall identify the
person or persons authorized to exercise the proxy and the length of time it will be valid. In addition,
voting by proxy shall comply with any other applicable requirements of California Corporations Code
SS 7514 and 7613.
3.6
membership:
Membership and Voting. The Association shall have two (2) classes of voting
Class A: Class A Members shall be all Owners with the exception of the Declarant
(as defined in the Declaration) and shall be entitled to one (1) vote for each Lot owned. When more than
one (1) person holds an interest in any Lot, all such persons shall be Members. The vote for such Lot
shall be exercised as they among themselves determine, but in no event shall more than one vote be cast
with respect to any Lot.
Class B: The Class B Member shall be the Declarant, whose voting rights shall
be the same as for Class A memberships, except that the Class B Member may triple its votes for each
Lot owned. The Class B memberships shall cease and be converted to Class A memberships upon the
happening of either of the following events, whichever occurs earlier:
(a) when the total votes outstanding in the Class A membership equal the
total votes (tripled as stated above) outstanding in the Class B membership; or
(b) on the second anniversary of the first conveyance of a subdivision
interest in the Project.
During the time that there are two (2) outstanding classes of membership, any action by the
Association which must have the approval of the Members before being undertaken shall require the vote
of a majority of a quorum of each class of membership, or the written assent of a majority of each class
of membership. Where the vote or written assent of each class of membership is required, any
requirement that the vote of Declarant be excluded is not applicable, except as provided in the
Declaration. After the conversion of Class B membership to Class A membership, any provision herein
requiring the approval of Members other than Declarant, except as provided otherwise in the Declaration,
shall mean the vote of a majority of a quorum, or written assent of a majority of the total voting power
of the Association (including Declarant's vote(s)) and the vote of a majority of a quorum, or written assent
of a majority of the total voting power of Members other than the Declarant.
01/22/04
T:\ WPWIN60IPROJECTSISHELLEY.A VE\BY
3.7 Eligibility to Vote: Voting rights attributable to Lots shall not vest until
Assessments against those Lots have been levied by the Association. Only Members in good standing
shall be entitled to vote on any issue or matter presented to the Members for approval. In order to be in
good standing, a Member must be current in the payment of all assessments levied against the Member's
Lot and not subject to any suspension of voting privileges as a result of any disciplinary proceeding
conducted in accordance with the Declaration. A Member's good standing shall be determined as of the
record date established in accordance with section 3.8. The Association shall not be obligated to conduct
a hearing in order to suspend a Member's voting privileges on the basis of the nonpayment of assessments,
although a delinquent Member shall be entitled to request such a hearing. A Member shall maintain good
standing if said standing has not been suspended by the provisions of these Bylaws and the Member has
maintained a current filing with the Association of the following: (i) the signature or signatures of the
Owner(s) authorized to vote on behalf of the Member's Lot; and (ii) address where all notices shall be
sent; or, alternatively, (iii) a proxy that names the Owner's representative and lists said representative's
address.
3.8 Record Dates:
A. Record Dates Established by the Board: For the purpose of determining
which Members are entitled to receive notice of any meeting, vote, act by written ballot without a
meeting, or exercise any rights in respect to any other lawful action, the Board may fix, in advance, a
"record date," and only Members of record on the date so fixed are entitled to receive notice, to vote, or
to take action by written ballot or otherwise, as the case may be, notwithstanding any transfer of any
membership on the books of the Association after the record date, except as otherwise provided in the
Articles, by agreement, or in the California Nonprofit Mutual Benefit Corporation Law. The record dates
established by the Board pursuant to this section shall be as follows:
(1) Record Date for Notice of Meetings: In the case of
determining those Members entitled to notice of a meeting, the record date shall be no more than
ninety (90) nor less than ten (10) days before the date of the meeting;
(2) Record Date for Voting: In the case of determining those
Members entitled to vote at a meeting, the record date shall be no more than sixty (60) days before the
date of the meeting;
(3) Record Date for Action by Written Ballot Without Meeting:
In the case of determining Members entitled to cast written ballots, the record date shall be no more than
sixty (60) days before the day on which the first written ballot is mailed or solicited; and
(4) Record Date for Other Lawful Action: In the case of
determining Members entitled to exercise any rights in respect to other lawful action, the record date shall
be no more than sixty (60) days prior to the date of such other action.
B. Failure of Board to Fix a Record Date: If the Board, for any reason,
fails to establish a record date, the following rules shall apply:
01/22/04
T:\WPWIN60\PROJECTS\sHELLEYA VElBY
-4-
(1) Record Date for Notice of Meetings: The record date for
determining those Members entitled to receive notice of a meeting of Members shall be the business day
preceding the day on which notice is given, or, if notice is waived, the business day preceding the day
on which the meeting is held.
(2) Record Date for Voting: The record date for determining those
Members entitled to vote at a meeting of Members shall be the day of the meeting, or in the case of an
adjourned meeting, the day of the adjourned meeting.
(3) Record Date for Action by Written Ballot Without Meeting:
The record date for determining those Members entitled to vote by written ballot on proposed Association
actions without a meeting, when no prior action by the Board has been taken, shall be the day on which
the first written ballot is mailed or solicited. When prior action of the Board has been taken, it shall be
the day on which the Board adopts the resolution relating to that action.
(4) Record Date for Other Lawful Action: The record date for
determining those Members entitled to exercise any rights in respect to any other lawful action shall be
no more than sixty (60) days prior to the date of such other action.
(5) "Record Date" Means as of Close of Business: For purposes
of this subparagraph B, a person holding a membership as of the close of business on the record date shall
be deemed the Member of record,
3.9 Action Without Meeting. Any action that may be taken at any annual or special
meeting of Members (except the election of directors) may be taken without a meeting in accordance with
the provisions of California Corporations Code 99 7513 and 7516. Any form of written ballot distributed
by any person to the membership of the Association shall afford the opportunity to specify a choice
between approval and disapproval of each matter or group of matters to be acted upon, except it shall not
be mandatory that a candidate for election to the Board be named in the written ballot. The written ballot
shall provide that, where the Member specifies a choice, the vote shall be cast in accordance with that
choice.
3.10 Conduct of Meetings: Meetings of the membership of the Association shall be
conducted in accordance with a recognized system of parliamentary procedure or such parliamentary
procedures as the Association may adopt. Notwithstanding any other provision of law, notice of meetings
of the Members shall specify those matters the Board intends to present for action by the Members, but,
except as otherwise provided by law, any proper matter may be presented at the meeting for action.
Members of the Association shall have access to Association records in accordance with Article 3
(commencing with Section 8330) of Chapter 13 of Part 3 of Title 1 of the Corporations Code. Any
Member shall be permitted to speak at a meeting of the Association Members; however, the Board of
Directors may establish a reasonable time limit for Members to speak before a meeting of the Association
Members.
01/22/04
T:\ WPWIN60\PROJECfS\sHELLEY.A VElEY
-5.
ARTICLE IV
BOARD OF DIRECTORS; SELECTION; TERM OF OFFICE
4.1 General. The activities and affairs of this Association shall be administered and
overseen by, and the powers of the Association exercised under the direction of, a Board of Directors.
The Board may delegate the management activities to any management company, to a managing agent,
or committee, provided, however, that the activities and affairs of the Association shall be directed,
overseen and managed, and the corporate powers exercised, under the ultimate direction of the Board.
4.2 Number. The affairs of this Association shall be managed by a Board of three (3)
directors, all of whom must be Members of the Association or an officer, director, employee or agent of
a Member, including Declarant. The initial directors shall be elected by the Sole Incorporator and shall
hold office until the first meeting of the Members as described in section 3.1 and until their successors
are elected.
4.3 Term of Office. At the first meeting of the Association the Members shall elect
three (3) directors for a term of one (1) year, and at each annual meeting thereafter the Members shall
elect three (3) directors for a term of one (1) year. Unless vacated sooner, each director shall hold office
until the director's term expires and a successor is elected.
4.4 Removal; Vacancies. Unless the entire Board is removed from office by the vote
of Association Members, an individual director shall not be removed prior to the expiration of his term
of office if the votes cast against his removal would be sufficient to elect him if voted cumulatively at an
election at which the same total number of votes were cast and the entire number of directors authorized
at the time of the most recent election of directors were then being elected. A director who was elected
solely by the votes of Members other than Declarant may be removed from office prior to the expiration
of his term only by the votes of a majority of Members other than Declarant. In the event of death or
resignation of a director, the vacancy shall be filled by approval of the Board at a duly held meeting, or
by the sole remaining director. The successor director shall serve for the unexpired term of his
predecessor. The Members may elect a director at any time to fill any vacancy not filled by the directors.
A vacancy created by removal of a director can be filled only by election of the Members.
4.5 Compensation. No director shall receive compensation for any service rendered
to the Association. However, any director may be reimbursed for his actual expenses, if reasonable, that
are incurred in the performance of his duties.
4.6 Indemnification of Corporate Agents. The Association shall indemnify any
present or former director, officer, employee or other agent of the Association to the fullest extent
authorized under California Corporations Code 9 7237, or any successor statute, and may advance to any
such person funds to pay expenses that may be incurred in defending any action or proceeding on receipt
of an undertaking by or on behalf of such person to repay such amount unless it is ultimately determined
that such person was entitled to indemnification under this provision.
01/22/04JT:\WPWIN60\PROJECTSISHELLEY,A VE\BY
-6-
ARTICLE V
NOMINATION AND ELECTION OF DIRECTORS
5.1 Nomination. Nomination for election to the Board of Directors shall be made by
a Nominating Committee. Notice to the Members of the meeting shall include the names of all those who
are nominees at the time the notice is sent. Nominations may also be made from the floor at the -annual
meeting. The Nominating Committee shall consist of a Chairman, who shall be a member of the Board
of Directors, and two '(2) or more Members of the Association. The Nominating Committee shall be
appointed by the Board of Directors not less than thirty (30) days prior to each annual meeting of the
Members, to serve until the close of such annual meeting. The Nominating Committee shall make as
many nominations for election to the Board of Directors as it shall in its discretion determine, but not less
than the number of vacancies that are to be filled. All candidates shall have reasonable opportunity to
communicate their qualifications to Members and to solicit votes.
5.2 Election. The first election of the Board shall be conducted at the first meeting of
the Association. At such election the Members or their proxies may cast, in respect to each vacancy, as
many votes as they are entitled to exercise under the provisions of the Declaration. The persons receiving
the largest number of votes shall be elected. All Members shall be entitled to cumulate their votes for
one (1) or more candidates for the Board, if the candidate's name has been placed in nomination prior to
voting, and if a Member has given notice at the meeting prior to the voting of his intention to cumulate
votes. Voting for directors shall be by secret written ballot. So long as a majority of the voting power
of the Association resides in the Declarant, or so long as there are two (2) outstanding classes of
membership in the Association, at least one and not less than twenty percent (20%) of the incumbents on
the Board shall have been elected solely by the votes of the Owners other than the Declarant, in
accordance with the following special procedure: The collected ballots shall be segregated between ballots
cast by Declarant, and ballots cast by other Members. The ballots received from other Members shall be
counted first, and the person receiving the greatest number of votes from such Members shall be elected
to the Board. The votes of Declarant shall then be added to the totals and the persons receiving the
highest number of votes (other than the person already elected) shall be elected to the remaining positions
on the Board.
ARTICLE VI
MEETINGS OF DIRECTORS
6.1 Regular Meetings. Regular meetings of the Board of Directors shall be held at
least quarterly at such place within the Project, and at such hour as may be fixed from time to time by
res01ution of the Board. If a larger meeting room is required than exists within the Project, the Board
shall select a room as close as possible to the Project. Should said meeting fall upon a legal holiday, then
that meeting shall be held at the same time on the next day which is not a legal holiday, excluding
Saturday and Sunday. Notice of the time and place of the meeting shall be posted at a prominent place
within the Common Area or mailed to any Member who had requested notification of Board meetings,
at the address requested by the Member. Notice may also be given, by mail or delivery of the notice to
each Lot in the Project or by newsletter or similar means of communication and shall be communicated
to Directors and Members not less than four (4) days prior to the meeting. Notice of any meeting need
not be given to any director who has signed a waiver of notice or a written consent to holding of the
0) /22/04
T:\ WPWlN60IPROJECfSISHELLEY,A VElBY
meeting. If the Common Area consists only of an easement or is otherwise unsuitable for posting of such
notice, the Board shall communicate the notice of the time and place of such meeting by any means it
deems appropriate.
6.2 Special Meetings. Special meetings of the Board of Directors shall be held when
called by written notice signed by the President, Vice President or Secretary of the Association, or by any
two (2) directors. The notice shall specify the time and place of the meeting and the nature of any special
business to be considered. The notice shall be given to each director by one (1) of the following methods:
(a) by personal delivery; (b) written notice by first- class mail, postage prepaid; (c) by telephone
communication, either directly to the director or to a person at the director's office who would reasonably
be expected to communicate such notice promptly to the director; (d) by telegram, facsimile or electronic
mail. Such notice shall be posted or communicated in a manner prescribed for notice of regular meetings
and shall be sent to all directors not less than four (4) days prior to the scheduled time of the meeting.
All Members shall be given notice of the time and place of a special meeting, except for an emergency
meeting, at least four (4) days prior to the meeting. Notice of the special meeting may be given by
posting the notice in a prominent place or places within the Common Area, and by mail to any Member
who had requested notification of Board meetings, at the address requested by the Member. Notice may
also be given, by mail or delivery of the notice to each Lot in the Project, or by newsletter or similar
means of communication and shall be communicated to Directors and Members not less than four (4) days
prior to the meeting. Notices sent by first-class mail shall be deposited into a United States mailbox at
least six (6) days before the time set for the meeting.
6.3 Emergency Meetings. An emergency meeting of the Board of Directors may be
called by the president, or by any two directors other than the president, if there are circumstances that
could not have been reasonably foreseen which require immediate attention and possible action by the
board, and which of necessity make it impracticable to provide the notices required by section 6.1. Notice
to Members of an emergency meeting is not required. .
6.4 Quorum. A majority of the directors then in office (but not less than two (2)) shall
constitute a quorum for the transaction of business. Every act performed or decision made by a majority
of the directors present at a duly held meeting at which a quorum is present shall be regarded as the act
of the Board. A meeting at which a quorum is initially present may continue to transact business,
notwithstanding the withdrawal of directors, provided at least two (2) directors are present, if any action
taken is approved by a majority of the required quorum for that meeting.
6.5 Open Meetings. Except as provided in sections 6.6 and 6.7, all meetings of the
Board shall be open to all Members, but Members other than directors may not participate in any
discussion or deliberation unless expressly so authorized by a majority of a quorum of the Board.
However, the Board shall establish a reasonable time limit for all Members of the Association to speak
to the Board of Directors at any meeting of the Board of Directors, and permit any Member of the
Association to speak at any meeting of the Board of Directors within such time limit.
01/22/04
T:I WPWIN60IPROJECTSISHELLEY.A VEIBY
-8-
6.6 Executive Session. The Board may, with approval of a majority of its members
present at a meeting in which a quorum for the transaction of business has been established, or, if all
members of the governing body are present, by a majority vote of the members, adjourn a meeting and
reconvene in executive session to discuss and vote upon litigation, matters relating to the formation of
contracts with third parties, Member discipline, personnel matters, or to meet with a Member, upon the
Member's request, regarding the Member's payment of assessments, as specified in Civil Code sections
1367 or 1367.1. The nature of any and all business to be considered in executive session shall first be
announced in open session. Any matter discussed in executive session shall be generally noted in the
minutes of the immediately following meeting that is open to the entire membership. The Board shall
meet in executive session, if requested by a Member who may be subject to a fine, penalty, or other form
of discipline, and the Member affected shall be entitled to attend the executive session. The Board may
hold an executive session emergency meeting if circumstances require, as authorized by section 6.3.
6.7 Telephone/Electronic Meetings. Any meeting, regular or special, may be held by
conference telephone, electronic video screen, or other communication equipment, so long as all of the
following apply:
A. Each Director participating in the meeting can communicate with all of
the other members concurrently.
B. Each Director is provided the means of participating in all matters before
the Board, including, without limitation, the capacity to propose, or to interpose an objection to a specific
action to be taken by the corporation.
C. The Board adopts and implements some means of verifying both of the
following:
(i) A person participating in the meeting is a director or other person
entitled to participate in the Board meeting;
(ii) All actions of, or v()tes by, the Board are taken or cast only by
the directors and not by persons who are not directors.
Arrangements shall be made to enable any Member who desires to listen to the
telephone/electronic meeting of the Board, to be able to do so. The minutes of the meeting shall state that
those participating in the meeting were recognized to be directors or other persons authorized to participate
in the meeting. An explanation of the action taken shall be posted at a prominent place within the
Common Area within three (3) days after the meeting. If the Common Area consists of an easement or
is otherwise unsuitable for posting the explanation of the action taken. the Board shall communicate said
explanation by any means it deems appropriate.
01/22/04
roIWPWlN60\PROJECfSISHELLEY.A VE\BY
-9-
6.8 Waiver of Notice. The transactions of any meeting of the Board of Directors,
however called and noticed or wherever held, shall be as valid as though taken at a meeting duly held
after regular call and notice, if (a) a quorum is present, and (b) either before or after the meeting, each
of the directors not present signs a written waiver of notice, a consent to holding the meeting, or an
approval of the minutes. The waiver of notice or consent need not specify the purpose of the meeting.
Notice of a meeting shall also be deemed given to any director who attends the meeting without protesting
before or at its commencement about the lack of adequate notice.
6.9 Notice of Adjourned Meeting. Notice of the time and place of holding an
adjourned meeting need not be given, unless the meeting is adjourned for more than twenty-four (24)
hours, in which case personal notice of the time and place shall be given before the time of the adjourned
meeting to the directors who were not present at the time of the adjournment, and shall be posted at a
prominent place within the Common Area. If the Common Area consists only of an easement or is
otherwise unsuitable for posting of such notice, the Board shall communicate the notice of the time and
place of such meeting by any means it deems appropriate,
6.10 Action Without Meeting. Any action required or permitted to be taken by the
Board of Directors may be taken without a meeting (and without notice to Members provided for in
section 6.2), if all members of the Board, individually or collectively, consent in writing to that action.
Such action by written consent shall have the same force and effect as a unanimous vote of the Board of
Directors. Such written consent or consents shall be fiIed with the minutes of the proceedings of the
Board. An explanation of the action taken shall be posted at a prominent place or places within the
Common Area within three (3) days after the written consents of all Board members have been obtained.
If the Common Area consists only of an easement or is otherwise unsuitable for posting the explanation
of the action taken, the Board shall communicate said explanation by any means it deems appropriate.
6.11 Definition of Meeting. "Meeting" includes any congregation of a majority of the
members of the board at the same time and place to hear, discuss, or deliberate upon any item of business
scheduled to be heard by the Board, except those matters that may be discussed in executive session.
6.12 Availability of Minutes: The minutes, or minutes proposed for adoption that are
marked to include draft status, or a summary of minutes of any meeting of the Board, other than an
executive session, shall be available to Members within thirty (30) days of the meeting. The minutes,
proposed minutes or summary shall be distributed to any Member on request and on reimbursement of
the Association's costs in making that distribution.
ARTICLE VII
POWERS AND DUTIES OF THE BOARD OF DIRECTORS
7.1 Duties. The Board of Directors shall undertake and fulfill the following duties:
A. Adopt Policies: The Board shall adopt policies of the Association which
shall consist of such resolutions adopted by the Board of Directors that fulfill the purposes of the
Association. Said policies will serve the membership and management as the statement of the specific
objectives and purposes for which the Association exists.
01/22/04
T:\WPWIN60IPROJECTSISHELLEY,A VE\BY
-10-
B. Oversight and Review of Administration of Association Affairs. The
Board shall review and direct the officers and Managing Agent of the Association to assure that the
policies of the Association are being accomplished in a reasonable and prudent manner and that the
requirements for operation of the Project as set forth in the Project Documents and the laws applicable
to the Project are fulfilled to the extent reasonable and appropriate.
C. Supervision: The Board shall supervise all officers, agents and employees
of the Association to see that their duties are properly performed.
7.2 Powers. The Board of Directors shall have power to:
A. Manager: Employ a Managing Agent as provided in section 5.2e of the
Declaration.
B. Adoption of Rules: Adopt Rules in accordance with section 5.2D of the
Declaration.
C. Assessments, Liens and Fines: Levy and collect Assessments and impose
fines as provided in section 5.2F of the Declaration. If the Association adopts or has adopted a policy
imposing any monetary penalty, including any fee, on any Association Member for a violation of the
governing documents or rules of the Association, including any monetary penalty relating to the activities
of a guest or invitee of a Member, the Board shan adopt and distribute to each Member, by personal
delivery or first-class mail, a schedule of the monetary penalties that may be assessed for those violations,
which shall be in accordance with authorization for Member discipline contained in the governing
documents. The Board shall not be required to distribute any additional schedules of monetary penalties
unless there are changes from the schedule that was adopted and distributed to the Members pursuant to
this section.
D. Enforcement (Notice and Hearing): Enforce these Bylaws and/or the
Declaration. When the Board is to meet to consider or impose discipline upon a Member, the Board shall
notify the Member in writing, by either personal delivery or first-class mail, at least fifteen (15) days prior
to the meeting. The notification shall contain, at a minimum, the date, time, and place of the meeting,
the nature of the alleged violation for which a Member may be disciplined, and a statement that the
Member has a right to attend and may address the Board at the meeting. The Board shall meet in
executive session if requested by the Member being disciplined.
If the Board imposes discipline on a Member the Board shall provide the Member a written
notification of the disciplinary action, by either personal delivery or first-class mail, within 15 days
following the action. A disciplinary action shall not be effective against a Member unless the Board
fulfills the requirements of this section.
Under no circumstances may the Association cause a forfeiture or abridgement of an Owner's
right to the full use and enjoyment of the Owner's Lot on account of the failure of the Owner to comply
with the provisions of the Declaration, Articles, Bylaws or Rules, except by judgment of a court or
decision of an arbitrator, or on account of a foreclosure or a sale under power of sale for failure of the
Owner to pay assessments due or levied by the Association.
01/22/04
T:\WPW1N60\PROJECTS\SHELLEY,A VE\BY
-11-
E. Contracts: Contract for goods and/or services in accordance with section
5.2K of the Declaration, and section 7.3A of the Bylaws.
F. Delegation: Delegate its authority and powers to officers or employees
of the Association or to a Managing Agent employed by the Association. The Board may not delegate
the authority: (i) to make expenditures for capital additions or improvements chargeable against the reserve
funds; (ii) to conduct hearings concerning compliance by an Owner or his tenant, lessee, guest or invitee
with the Declaration or Rules and regulations promulgated by the Board; (iii) to make a decision to levy
monetary fmes, impose special Assessments against individual Lots, temporarily suspend an Owner's rights
as a Member of the Association or otherwise impose discipline following any such hearing; (iv) to make
a decision to levy annual or special Assessments; or (v) to make a decision to bring suit, record a claim
of lien, or institute foreclosure proceedings for default in payment of Assessments. Any delegation shall
be revocable by the Board at any time. The members of the Board, individually or collectively, shan not
be liable for any omission or improper exercise by the Managing Agent of any such duty, power or
function so delegated by written instrument executed by a majority of the Board.
G. Appointment of Trustee: Appoint a trustee to enforce assessment liens
by power of sale as provided in the Declaration and in California Civil Code ~ 1367(b).
H. Other Powers: In addition to any other power contained herein, the
Association may exercise the powers granted to a nonprofit mutual benefit corporation as enumerated in
California Corporations Code 9 7140.
7.3 Prohibited Acts. The Board shall not take any of the following actions, except
with the vote at a meeting of the Association, or by written ballot without a meeting pursuant to
Corporations Code g 7513, of a simple majority of the Members other than Declarant:
A. Entering into a contract with a third person wherein the third person will
furnish goods or services for the Common Area or the Association for a term longer than one (1) year or,
notwithstanding the term, where the amount to be paid to the vendor including, without limitation,
amounts to be paid under contingent fee contracts, may reasonably be expected to exceed the sum of
$5,000 or five percent (5%) of the budgeted gross expenses of the Association for the fiscal year in which
the contract is signed, whichever is less, and the contract is other than for the maintenance, repair,
replacement or reconstruction of one or more elements of the Common Area, with the following
exceptions:
(1) a management contract, the terms of which have been approved by
the Federal Housing Administration or Veterans Administration (if either has jurisdiction over the Project)
or by the Department of Real Estate during the period the Department of Real Estate has jurisdiction over
the sale of the Project pursuant to a public report;
(2) a contract with a public utility company if the rates charged for the
materials or services are regulated by the Public Utilities Commission; provided, however, that the term
of the contract shall not exceed the shortest term for which the supplier will contract at the regulated rate;
01/22/04 T'\WPW1N60\PROJECI'S\SHELLEY,A VE\BY
-12-
(3) prepaid casualty and/or liability insurance policies of not to exceed
three (3) years' duration, provided that the policy permits short rate cancellation by the insured;
(4) lease agreements for laundry room fixtures and equipment of not to
exceed five (5) years' duration, provided that the lessor under the agreement is not an entity in which the
Declarant has a direct or indirect ownership interest of ten percent (10%) or more;
(5) agreements for cable television services and equipment or satellite dish
television services and equipment of not to exceed five (5) years' duration, provided that the supplier is
not an entity in which the Declarant has a direct or indirect ownership interest of ten percent (10%) or
more;
(6) agreements for sale or lease of burglar alarm and fire alarm
equipment, installation and services of not to exceed five (5) years' duration, provided that the supplier
or suppliers are not entities in which the Declarant has a direct or indirect ownership interest of ten
percent (10%) or more;
(7) a contract for a term not to exceed three (3) years that is terminable
by the Association after no longer than one (1) year without cause, penalty, or other obligation upon
ninety (90) days written notice and termination to the other party; and
(8) agreements for electronic communications services and equipment not
to exceed five (5) years duration provided that the supplier is not an entity in which the Declarant has a
direct or indirect ownership interest of ten percent (10%) or more.
B. Incurring aggregate expenditures for capital improvements to the Common
Area in any fiscal year in excess of five percent (5%) of the budgeted gross expenses of the Association
for that fiscal year;
C. Selling during any fiscal year property of the Association having an
aggregate fair market value greater than five percent (5%) of the budgeted gross expenses of the
Association for that fiscal year;
D. Paying compensation to members of the Board or to the officers of the
Association for services performed in the conduct of the Association's business; provided, however, that
the Board may cause a member or officer to be reimbursed for the actual expenses, if reasonable, that are
incurred in the performance of his duties.
ARTICLE VIII
ASSOCIATION DUTIES AND RESPONSmILITIES
8.1 Association Duties: The Association shall, as provided in these Bylaws or as the
Board may otherwise direct through its Managing Agent, undertake the following duties and
responsibilities:
01/22/04
T'IWPWlN60\PROJECTSISHELLEY.A VElBY
-13-
A. Maintenance: Perform the maintenance described in section 5.lA of the
Declaration;
B. Insurance: Maintain Insurance as required by section 8.1 of the
Declaration;
The Association shall prepare and distribute to its Members the summaries of the
Association's insurance policies as required by Civil Code ~ 1365(e), pursuant to section 12.1(5).
C. Discharge of Liens: Discharge by payment, if necessary, any lien against
the Common Area and assess the cost thereof to the Member or Members responsible for the existence
of the lien (after notice and hearing as required by these Bylaws);
D. Assessments: Fix, levy, collect and enforce Assessments as set forth in
Article IV of the Declaration;
E. Expenses and Obligations: Pay all expenses and obligations incurred
by the Association in the conduct of its business including, without limitation, all licenses, taxes, or
governmental charges levied or imposed against the property of the Association;
F. Enforcement: Enforce these Bylaws and the Declaration;
G. Records: Cause to be kept a complete record of all its acts and affairs
and to present a statement thereof to the Members at the annual meeting of the Members, or at any special
meeting when such statement is requested in writing by one-fourth (1/4) of the Class A Members; keep
adequate and correct books and records of account, minutes of proceedings of its Members, Board and
committees, and a record of its Members giving their names and addresses and classes of membership;
H. Contracts: Contract for goods and/or services in accordance with
section 5.2K of the Declaration.
I. Financial Requirements: Comply with the Financial Requirements set
forth in Article XII of these Bylaws.
ARTICLE IX
OFFICERS AND THEIR DUTIES
9.1 Enumeration of Officers. The officers of this Association shall be a President and
Vice President, who shall at all times be members of the Board of Directors, a Secretary, and a Chief
Financial Officer, and such other officers as the Board may from time to time by resolution create.
9.2 Election of Officers. The election of officers shall take place at the first meeting
of the Board of Directors following each annual meeting of the Members.
01/22/04
T:\ WPWlN60\PROJECTS\SHELLEY.A VE\BY
-14-
9.3 Term. Each officer of this Association shall be elected annually by the Board and
each shall hold office for one (1) year unless he or she shall sooner resign, or shall be removed, or
otherwise disqualified to serve.
9.4 Special Appointments. The Board may elect such other officers as the affairs of
the Association may require, each of whom shall hold office for such period, have such authority, and
perform such duties as the Board may, from time to time, determine.
9.5 Resignation and Removal. Any officer may be removed from office (but not from
the Board, if the officer is also a Board member) by the Board with or without cause. Any officer may
resign at any time by giving written notice to the Board, the President or the Secretary. Such resignation
shall take effect on the date of receipt of such notice or at any later time specified therein, and unless
otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective.
9.6 Vacancies. A vacancy in any office may be filled by appointment by the Board.
The officer appointed to such vacancy shall serve for the remainder of the term of the officer he replaces.
9.7 Duties. The duties of the officers are as follows:
A. President. The President shall preside at all meetings of the Board of
Directors; shall see that orders and resolutions of the Board are carried out; shall sign all leases,
mortgages, deeds and other written instruments and shall sign all promissory notes. The President shall
have the general powers and duties of management usually vested in the office of the President of a
California nonprofit mutual benefit corporation, and shall have such powers and duties as may be
prescribed by the Board or by these Bylaws.
B. Vice President. The Vice President shall act in the place and stead of
the President in the event of his absence, inability or refusal to act, and shall exercise and discharge such
other duties as may be required by the Board.
C. Secretary. The Secretary shall record the votes and keep the minutes of
all meetings and proceedings of the Board and of the Members; serve notice of meetings of the Board and
of the Members; keep appropriate current records showing the Members of the Association together with
the addresses, and shall perform such other duties as required by the Board.
D. Chief Financial Officer. The Chief Financial Officer shall receive and
deposit in appropriate bank accounts all monies of the Association and shall disburse such funds as
directed by resolution of the Board of Directors; shall sign all promissory notes of the Association; shall
keep proper books of account; shall prepare and shall distribute budgets and financial statements to each
Member as required under these Bylaws, and by applicable laws,
o l/22/04
T:I WPWIN60IPROJECTSlSHELLEY,A VE\BY
-15-
ARTICLE X
COMMITTEES
10.1 Architectural and Nominating Committees. An Architectural Control Committee
may be appointed as provided in the Declaration and a Nominating Committee, as provided in section 5.1
of these Bylaws.
10.2 Other Committees. In addition, the Board of Directors shall appoint other
committees as deemed appropriate in carrying out its purpose.
10.3 Limitations on Committees. No committee, regardless of Board resolution, may:
(a) take any final action on matters which, under the Nonprofit Corporation Law of California, also
requires Members' approval; (b) fill vacancies on the Board of Directors or in any committee; (c) amend
or repeal Bylaws or adopt new Bylaws; (d) amend or repeal any resolution of the Board of Directors;
(e) appoint any other committees of the Board of Directors or the members of those committees;
(f) approve any transaction to which the Association is a party and in which one (1) or more directors
have a material financial interest.
10.4 Purpose of Committees. The purpose of all committees shall be to assist the Board
of Directors in the development of policies and to assist in the oversight and assessment of the Association
policies. No committee shall be assigned, delegated or chartered in any manner which would authorize
them to take final action in the name of the Association. No committee, officer of a committee or
member of the committee shall take any action that is assigned to the Office of the President or other
Officers of the Association. All committees shall report to the Board and shall serve at the pleasure of
the Board. Committees of the Board shall not have authority to direct contractors, agents or Officers of
the Association.
ARTICLE XI
BOOKS AND RECORDS
11.1 Inspection by Members. The membership register (including names, mailing
addresses, telephone numbers and voting rights), accounting books and records, and minutes of meetings
of the Members, of the Board (and including drafts and summaries), and of committees shall be made
available for inspection and copying by any Member of the Association, or by his duly appointed
representative, at any reasonable time and for a purpose reasonably related to his interest as a Member,
at the office of the Association or at such other place within the Project as the Board shall prescribe.
Board minutes or proposed minutes (or a draft or summary thereof, other than for an executive session),
shall be available to Members within thirty (30) days of the meeting, and shall be distributed to any
Member upon request and upon reimbursement of the costs in making that distribution.
11.2 Rules for Inspection. The Board shall establish reasonable rules with respect to:
A.
to make the inspection;
Notice to be given to the custodian of the records by the Member desiring
o 1/22/04
T:I WPWIN60lPROJECTSISHELLEY,A VElBY
-16-
B. Hours and days of the week when such an inspection may be made;
C. Payment of the cost of reproducing copies of documents requested by a
Member.
11.3 Inspection by Directors. Every director shall have the absolute right at any
reasonable time to inspect all books, records and documents of the Association and the physical properties
owned or controlled by the Association. The right of inspection by a director includes the right to make
extracts and copies of documents, at the expense of the Association.
11.4 Documents Provided by Association: Upon written request, the Association,
through the Managing Agent, or if there is no Managing Agent, through the Secretary, shall, within ten
(10) days of the mailing or delivery of such request, provide the Owner of a Lot with a copy of the
governing documents of the Project, a copy of the most recent budget and statements of the Association
distributed pursuant to section 12.1, together with a true statement in writing from an authorized
representative of the Association as to the amount of the Association's current regular and special
Assessments and fees, as well as any Assessments levied upon the Owner's interest which are unpaid on
the date of the statement, including late charges, interest, and costs of collection which, as of the date of
the statement, are or may be made a lien upon the Owner's Lot. The Board may impose a fee for
providing the foregoing, which may not exceed the reasonable cost to prepare and reproduce the requested
documents.
ARTICLE XII
FINANCIAL AND REPORTING REQillREMENTS
12.1 Budgets, Financial Statements and Reports. The Association shall cause to be
prepared and distributed budgets, financial statements, and reports to each Member as follows:
(1) a pro forma operating budget for each fiscal year shall be distributed not less
than forty-five (45) nor more than sixty (60) days before the beginning of the fiscal year, consisting of
at least the following:
(a) estimated revenue and expenses on an accrual basis;
(b) a summary of the Association's reserves based upon the most recent
review or study conducted pursuant to section 12,2, which shall be printed in bold type and include all
of the following:
(i) the current estimated replacement cost, estimated
remaining life, and estimated useful life of each Major Component;
(ii) as of the end of the fiscal year for which the study is
prepared:
(A) the current estimate of the amount of cash
reserves necessary to repair, replace, restore, or maintain the Major Components;
11 I /22/04
r:\ WPWIN60\PROJECTS\sHELLEY,A VE\BY
-17-
(B) the current amount of accumulated cash
reserves actually set aside to repair, replace, restore, or maintain Major Components;
(C) If applicable, the amount of funds received
from either a compensatory damage award or settlement to the Association from any person or entity for
injuries to property, real or personal, arising out of any construction or design defects, and the expenditure
or disposition of funds, including the amounts expended for the direct and indirect costs of repair of
construction or design defects. These amounts shall be reported at the end of the fiscal year for which
the study is prepared as separate line items under cash reserves pursuant to clause (B). In lieu of
complying with this requirement, the Association may include in the review of its financial statement
pursuant to Paragraph 2 (d), below, a statement containing all of the foregoing information.
(D) the percentage that accumulated cash reserves
actually set aside is of the current estimate of cash reserves necessary;
(c) a statement as to whether the Board has determined or anticipates that
the levy of one or more special Assessments will be required to repair, replace, or restore any Major
Component or to provide adequate reserves therefor;
(d) a general statement setting forth the procedures used in the calculation
and establishment of those reserves to defray the future repair, replacement or additions to those Major
Components that the Association is obligated to maintain.
In lieu of the distribution of the pro forma operating budget, the Board may elect to distribute
a summary of the items described herein above to all the Members, with written notice that the budget
is available at the business office of the Association or at another suitable location within the boundaries
of the development, and that copies will be provided upon request and at the expense of the Association.
Members shall be notified in writing at the time that the pro forma budget is distributed, or at the time
of any general mailing to the entire membership, of their right to have copies of the minutes of meetings,
and how and where those minutes may be obtained. If any Member requests a copy of the pro forma
operating budget, including the items referred to above, to be mailed to the Member, the Association shall
provide the copy to the Member by first-class United States mail at the expense of the Association and
delivered within five (5) days. The written notice that is distributed to each of the Association Members
shall be in at least 10-point bold type on the front page of the summary of the statement;
(2) a report consisting of the following shall be distributed within one hundred
twenty (120) days after the close of the fiscal year: (a) a balance sheet as of the end of the fiscal year;
(b) an operating (income) statement for the fiscal year; (c) a statement of changes in financial position
for the fiscal year; (d) for any fiscal year in which the gross income to the Association exceeds
Seventy-Five Thousand Dollars ($75,000), a copy ofa review ofthe financial statement of the Association
prepared in accordance with generally accepted accounting principles by a licensee of the California State
Board of Accountancy; (e) any information required to be reported under 9 8322 of the California
Corporations Code;
o 1/22/04
T:IWPWIN60IPROJECTSISHELLEY,A VElBY
-18-
(3) if the report referred to in (2) above is not prepared by an independent
accountant, it shall be accompanied by the certificate of an authorized officer of the Association that the
statement was prepared from the books and records of the Association without independent audit or
review;
(4) a statement describing the Association's policies and practices in enforcing lien
rights, foreclosures, or other legal remedies for default in payment of its Assessments against its Member,
and a statement of the place where the names and addresses of the current Members are located shall be
distributed annually to the Members, and to any First Lender who has requested a copy, during the sixty
(60) day period immediately preceding the beginning of the Association's fiscal year. The notice shall
be printed in at least 12-point type.
(5) a summary of the Association's insurance policies as set forth in and required
by Civil Code S 1365(e) shall be distributed to the Members within sixty (60) days preceding the
beginning of the Association's fiscal year. The summary shall contain in at least 10-point bold face type
the following statement:
This summary of the Association's policies of insurance provides only certain information
as required by subdivision (e) of 91365 of the Civil Code and should not be considered a substitute for
the complete policy terms and conditions contained in the actual policies of insurance. Any Association
member, upon request and reasonable notice, may review the Association's insurance policies and, upon
request and payment of reasonable duplication charges, obtain copies of those policies. Although the
Association maintains the policies of insurance specified in this summary, the Association's policies of
insurance may not cover your property, including personal property, or real property improvements to or
around your dwelling, or personal injuries or other losses that occur within or around your dwelling. Even
if a loss is covered, you may nevertheless be responsible for paying all or a portion of any deductible that
applies. Association members should consult with their individual insurance broker or agent for
appropriate additional coverage.
(6) the Board shall comply with the requirements of California Civil Code S 1354(i)
by providing Members of the Association annually with a summary of the provisions of California Civil
Code 9 1354, including the following language: "Failure by any Member of the Association to comply
with the pre-filing requirements of Section 1354 of the Civil Code may result in the loss of your rights
to sue the Association to another Member of the Association regarding enforcement of the governing
documents."
(7) The Board shall comply with the requirements of California Civil Code
S 1365.1 by distributing a written notice as described in subdivision (b) of Civil Code S 1365.1 entitled
"Notice Assessments and Foreclosure" to each Member of the Association during the 60-day period
immediately preceding the beginning of the Association's fiscal year. The notice is to be printed in at
least 12-point type.
12.2 Reserve Studies: At least every three years the Board shall cause a study of the
reserve account requirements of the Project to be conducted, including a reasonably competent and diligent
visual inspection of the accessible areas of the Major Components which the Association is obligated to
01/22/04
T.\ WPW1N60\PROJECTSISHELLEY,A VElBY
-19-
repair, replace, restore or maintain, if the current replacement value of said Major Components is equal
to or greater than one-half of the gross budget of the Association, excluding the Association's reserve
account for that period. The Board shall review this study annually and shall consider and implement
necessary adjustments to the Board's analysis of the reserve account requirements as a result of that
reVIew.
The study required by this section shall at a minimum include:
(1) identification of the Major Components which the Association is
obligated to repair, replace or restore, or maintain which, as of the date of the study, have a remaining
useful life of less than thirty (30) years;
(2) identification of the probable remaining useful life of the components
identified in paragraph (1) as of the date of the study;
(3) an estimate of the cost of repair, replacement, restoration, or
maintenance of each Major Component identified in paragraph (1) during and at the end of its useful life;
and
(4) an estimate of the total annual contribution necessary to defray the
cost to repair, replace, restore, or maintain each Major Component during and at the end of its useful life,
after subtracting total reserve funds as of the date of the study,
As used in this section 12.2, the definition of reserve account shall mean both: (a) monies
that the Association's Board of Directors has identified for use to defray the future repair or replacement
of, or additions to, those Major Components which the Association is obligated to maintain; and (b) funds
received but not expended or disposed from either a compensatory damage award or settlement to the
Association from any person or entity for injuries to property, real or personal, arising from any
construction or design defects, which funds shall be separately itemized from funds described as the items
in (a) above.
As used in this section, "reserve account requirements" means the estimated funds which the
Board has determined are required to be available at a specified point in time to repair, replace, or restore
those Major Components which the Association is obligated to maintain.
12.3 Reserve Account Fund Management: The Board shall not expend funds
designated as reserve funds for any purpose other than the repair, restoration, replacement, or maintenance
of Major Components which the Association is obligated to repair, restore, replace, or maintain
("Association Major Components") and for which the reserve fund was established, or litigation involving
Association Major Components. However, the Board may authorize the temporary transfer of money from
a reserve fund to the Association's general operating fund to meet short-term cash-flow requirements or
other expenses, provided that the Board has made a written finding recorded in the minutes of the Board
explaining the reason that the transfer is needed, and describing when and how the money will be repaid
to the reserve fund. The transferred funds shan be restored to the reserve fund within one (1) year of the
date of the initial transfer, except that the Board may, upon making a finding supported by documentation
that a delay would be in the best interests of the Project, delay the restoration until the time which the
01/22/04
T:IWPWlN60IPROJECTSISHELLEY.A VEIBY
-20-
Board reasonably detennines to be necessary. The Board shall exercise prudent fiscal management in
maintaining the integrity of the reserve account, and shall, if necessary, levy a special Assessment to
recover the full amount of the expended funds within the time limits required by this section. This
special Assessment is subject to the limitation imposed by section 4.4 of the Declaration. The Board may,
at its discretion, extend the date the payment on the Special Assessment is due. Any extension shall not
prevent the Board from pursuing any legal remedy to enforce the collection of an unpaid Special
Assessment. When the decision is made to use reserve funds or to temporarily transfer money from the
reserve fund to pay for litigation, the Association shall notify the Members of the Association of that
decision in the next available mailing to all Members pursuant to section 5016 ofthe Corporations Code,
and of the availability of any accounting of those expenses. Unless the Project Documents impose more
stringent standards, the Association shall make an accounting of expenses related to the litigation on at
least a quarterly basis. The accounting shall be made available for inspection by Members of the
Association at the Association's office.
12.4 Reserve Account Withdrawal Restrictions: At least two (2) signatures shall be
required for the withdrawal of monies from the Association's reserve accounts; required signatures shall
be those of members of the Board or one (1) member of the Board and one (1) officer who is not a
member of the Board.
12.5 Review of Financial Records: The Board shall review on at least a quarterly basis
a current reconciliation of the Association's operating and reserve accounts, the current year's actual
reserve revenues and expenses compared to the current year's budget, and an income and expense
statement for the Association's operating and reserve accounts. In addition, the Board shall review the
latest account statements prepared by the financial institutions where the Association has its operating and
reserve accounts. For purposes herein, "reserve accounts" shall mean monies that the Association's Board
has identified for use to defray the future repair or replacement of, or additions to, those Major
Components which the Association is obligated to maintain.
12.6 Future Changes in Financial Records and Reserve Account Requirements: The
provisions of subsections 12.1 - 12.5 incorporate the statutory requirements of California Civil Code
9 1365.5. If said Civil Code Section 1365.5 is amended in any manner, said sections shall be amended
in the same manner without the necessity of amending these Bylaws.
ARTICLE XIII
MISCELLANEOUS
13.1 Amendments. Prior to close of escrow on the sale of the first Lot, Declarant may
amend these Bylaws (provided any amendment constituting a material change shall require the approval
of the Department of Real Estate). After sale of the first Lot, these Bylaws may be amended, only by the
affinnative vote (in person or by proxy) or written consent of Members representing a majority of a
quorum of the Association which majority includes a majority of a quorum of Members other than
Declarant. Where the two (2) class voting structure is still in effect, the vote shall be of a majority of a
quorum of each class of Members. However, the percentage of voting power necessary to amend a
specific clause or provision shall not be less than the prescribed percentage of affinnative votes required
for action to be taken under that clause.
01/22/04
T:I WPWIN60IPROJECTSISHELLEY,A VElBY
-21 -
13.2 Conflicts. In the case of any conflict between the Articles and the Bylaws, the
Articles shall control; and in the case of any conflict between the Declaration and these Bylaws, the
Declaration shall control.
13.3 Fiscal Year. Unless directed otherwise by the Board, the fiscal year of the
Association shall begin on the first day of January and end on the thirty-first (31st) day of December of
every year, except that the first fiscal year shall begin on the date of incorporation.
13.4 Determination to Initiate Construction Claims Under Title 7 (part 2, Division
2) of the Civil Code: The Declarant shall have no control over the Association's ability to decide
whether or not to initiate a construction defect claim under Title 7 (part 2, Division 2) of the California
Civil Code. During the period from the incorporation of the Association and the first election of the
Board of Directors, any decision whether or not to initiate a construction defect claim under Title 7 shall
be made by vote of a majority of the Members, excluding the vote of Declarant, which vote may be either
at a duly held meeting of the members, or may be by written ballot. During the period between the first
closing of an escrow within the Project, and the election of a Board, at least two members of which were
elected solely by votes of Members other than Declarant, the Board shall take any action concerning
construction defect claims under Title 7 (including, if necessary, the allocation of Association funds) as
requested by a majority of the Members other than Declarant. Upon the election of a Board of Directors,
which results in there being at least two (2) Directors elected solely by votes of Members other than
Declarant (Non-Declarant Directors), any decisions made thereafter by the Association about whether or
not to initiate a construction defect claim under Title 7 shall be made by the two (2) Non-Declarant
Directors, or in the event that there are more than three (3) Non-Declarant Directors serving on the Board,
by a majority of the Non-Declarant Directors; provided, further that any determination by such Non-
Declarant Directors to initiate a construction defect claim under Title 7 must be ratified by a vote of a
majority of the Members, excluding the vote of Declarant. The provisions of this section 13.4 may be
amended only with the vote or written consent of a majority of the Members, excluding the vote of
Declarant.
CERTIFICATE
I, the undersigned, the duly elected and acting Secretary of SHELLEY AVENUE
TOWNHOMES ASSOCIATION, a California nonprofit mutual benefit corporation, do hereby certify that
the foregoing Bylaws were adopted as the Bylaws of the Association on , 2004,
and that the same do now constitute the Bylaws of the Association.
This Certificate is executed under penalty of petjury on
, California.
, 2004, in
Secretary
o 1/22/04
T:\ WPWIN60\PROJECTS\SHELLEY,A VE\BY
-22-
i . l ~" ,L .
D ~ (illl:td7:tl ti\\ /JE D
Is ';:~ \L,... i'~:::'l [1 \\[7 ...~~ ..
1.:= "t.1 ,.:::J <J U = '
Hanna & Van Atta
525 University Avenue, Suite 705
Palo Alto, California 94301
FEB 1 0 2004
CITY OF CAMPBELL
PLANNING DEPT.
'iVhcn Recorded Return To:
SHELLEY AVENUE TOWNHOMES
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
TABLE OF CONTENTS
THIS DECLARATION CONTAINS A BINDING ARBITRATION PROVISION IN ACCORDANCE
WITH THE FEDERAL ARBITRATION ACT AND/OR JUDICIAL REFERENCE CLAUSE THAT
APPLIES TO CONSTRUCTION DEFECT CLAIMS. ARBITRATION AND JUDICIAL REFERENCE
BOTH INCLUDE A WAIVEROFTHECONSTITIJTIONALRIGHfTOAJURY. YOU MUST READ
\ THE PROVISIONS CAREFULLY AND SHOULD CONSULT LEGAL COUNSEL WITH ANY
I QUESTIONS.
IF THIS DOCUMENT CONTAINS ANY RESTRICTION BASED ON RACE, COLO~ RELIGION,
SEX, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, NATIONAL ORIGIN, OR
ANCESTRY, THAT RESTRICTION VIOLATES STATE AND FEDERAL FAIR HOUSING LAWS
AND IS VOID, AND MAY BE REMOVED PURSUANT TO SECTION 12956.1 OF THE
! GOVERNMENT CODE. LAWFUL RESTRICTIONS UNDER STATE AND FEDERAL LAW ON I
i THE AGE OF OCCUPANTS IN SENIOR HOUSING OR HOUSING FOR OLDER PERSONS II
llSHALL NOT BE CONSTRUED AS RESTRICTIONS BASED ON FAMIUAL STATUS. ...I]
fJruJ Offin'J of
C1anoa & V"'lllua
~ 2.S Ui"'IVEif.'iiTY A VENUE. ~"UlTE 705
,"''''.0 AUO. CA 94301
1'El.EPHO~F.(650) 121-5100
(!1/22/04
T\ W PWIN60\PROJECfS\SHELLEY,A VE\DEc.."TC
TABLE OF CONTENTS (Continued) . Paee ii
Pasze #
INTRODUcrORY PARAGRAPHS A thru B .................................. 1
ARTICLE I
DEFINITIONS
.. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
1
1.1 Articles. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1
1.2 Assessment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1
1.3 Assessment Lien ............................................ 1
1.4 Association. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1
1.5 Board or Board of Directors ................................... 1
1.6 Bylaws. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1
1. 7 Common Area ............................................. 2
1.8 Common Expenses .......................................... 2
1.9 Declarant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2
1.10 Declaration.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2
1.11 Eligible Mortgages .......................................... 2
1.12 Eligible Mortgage Holder ..................................... 2
1.13 Eligible Insurer or Guarantor .................................. 2
1.14 First Lender ............................................... 2
1.15 First Mortgage ............................................. 2
1.16 Foreclosure ............................................... 2
1.17 Lot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2
1.18 Map. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., 2
1.19 Member............. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., 2
1.20 Mortgage ................................................. 2
1.21 Mortgagee ................................................ 3
1.22 Mortgagor ................................................ 3
1.23 Notice of Delinquent Assessment ............................... 3
1.24 Owner ................................................... 3
1.25 Person ................................................... 3
1.26 Project.................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3
1.27 Project Documents .......................................... 3
1.28 Public Report .............................................. 3
1.29 Regular Assessments ......................................... 3
1.30 Reimbursement Charge ....................................... 3
1.31 Rules. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., 3
1.32 Special Assessments ......................................... 3
1.33 Utility Facilities ............................................ 3
01/22/04 -11-
T:\WPWIN60\PROJECfS\SHELLEY.A VE\DECfC
TABLE OF CONTENTS (Continued) . Page Hi
Paee #
ARTICLE II
DESCRIPTION OF PROJECT, DIVISION OF PROPERTY, AND
CREATION OF PROPERTY RIGHTS ...................................... 4
2.1 Description of Project ........................................ 4
2.2 Easements; Dedication of Common Area ......................... 4
2.3 Easements to Accompany Conveyance of Lot ....................... 5
2.4 Delegation of Use ........................................... 5
2.5 Conveyance of Common Area to Association ....................... 5
2.6 Owners' Rights and Easements for Utilities ........................ 5
2.7 Encroachment Easements ..................................... 5
2.8 Side Yard Easements ........................................ 6
A. Easements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6
B. Arbitration ........................................... 6
2.9 Party Walls; Party Fences; and Common Roof Systems ................ 7
2.10 Maintenance Easement ....................................... 7
2.11 Front Yard Maintenance Easements ............................. 7
2.12 Drainage Easements ......................................... 8
2.13 Other Easements .................,......................... 8
2.14 Rights of Entry and Use ...................................... 8
2.15 Partition of Common Area .............,...................... 8
2.16 All Easements Part of Common Plan ............................. 9
ARTICLE III
ASSOCIATION, ADMINISTRATION, MEMBERSHIP AND
VOTING RIGHTS ...................................................... 9
3.1 Association to Own and Manage Common Areas .................... 9
3.2 Membership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . ., 9
3.3 Transferred Membership ...................................... 9
3.4 Membership and Voting Rights ................................. 9
ARTICLE IV
ASSESSMENTS AND LIENS
9
4.1 Creation of the Lien and Personal Obligation of Assessments .,......... 9
4.2 Purpose of Assessments ..................................... 10
4.3 Assessments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10
A. Regular Assessments .....................,............. 10
B. Special Assessments .................................... 10
4.4 Restrictions on Increases in Regular or Special Assessments .......... 11
4.5 Notice and Quorum for Any Action Authorized Under Section 4.4 ...... 12
01122104 - iii-
T:' WPWIN60\PROJECTS\SHELLEY,A VE\DECTC
TABLE OF CONTENTS (Continued) - Pa2e iv
Paee #
4.6 Uniform Rate of Assessment .................................. 12
4.7 Date of Commencement of Regular Assessment; Due Dates .......... 12
4.8 Effect of Nonpayment of Assessments ........................... 12
4.9 Transfer of Lot by Sale or Foreclosure .. . . . . . . . . . . . . . . . . . . . . . . . .. 12
4.10 Priorities; Enforcement; Remedies ............................. 13
4.11 Unallocated Taxes ......................................... 15
ARTICLE V
DUTIES AND POWERS OF THE ASSOCIATION ............................ 15
5.1 Duties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 15
A. Maintenance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,. 15
B. Inspection and Maintenance Guidelines ..................... 17
C. Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 18
D. Discharge of Liens ..................................... 18
E. Assessments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 18
F. Payment of Expenses and Taxes ........................... 18
G. Enforcement. . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 18
5.2 Powers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 18
A. Utility Service ........................................ 18
B. Easements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 19
C. Manager. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 19
D. Adoption of Rules ..................................... 19
E. Access. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 19
F. Assessments and Liens .................................. 19
G. Fines and Disciplinary Action .....................,....... 19
H. Enforcement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 20
I. Acquisition and Disposition of Property ..................... 20
J. Loans. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 20
K. Dedication. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 20
L. Contracts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 20
M. Delegation........................................,.. 20
N. Appointment of Trustee ................................. 21
O. Litigation/Arbitration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 21
P. Other Powers ......................................... 21
5.3 Commencement of Association's Duties and Powers ................ 21
ARTICLE VI
ARCHITECTURAL CONTROL
21
6.1 Purpose of Architectural Controls .............................. 21
6.2 Requirement for Approval of Plans ............................. 22
6.3 Architectural Control Committee Membership ..................... 22
6.4 Architectural Control Committee Action ......................... 23
01122/04 -lV-
T:\WPWIN60\PROJEcrS\SHELLEY.A VE\DEcrC
TABLE OF CONTENTS (Continued) - Paee v
Paee #
6.5 Landscaping. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., 23
6.6 Governmental Approval ...................................... 23
6.7 Structural Integrity ......................................... 23
6.8 Completion of Work; Review of Work ........................... 23
ARTICLE VII
USE RESTRICTIONS
24
7.1 Use of I..ot ............................................... 24
7.2 Nuisances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 25
7.3 Vehicle Restrictions and Towing ............................... 25
7.4 Commercial Activity ........................................ 27
7.5 Storage in Common Area .................................... 27
7.6 Signs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 27
7.7 Garbage and Refuse Disposal ................................. 27
7.8 Radio and Television Antennas ................................ 27
7.9 Basketball Standards and Sports Apparatus ....................... 28
7.10 Window Coverings ......................................... 28
7.11 Clothes Lines ............................................. 28
7.12 Power Equipment and Car Maintenance ......................... 28
7.13 Liability of Owners for Damage to Common Area .................. 28
7.14 Right to Lease ............................................ 28
7.15 Commonly Metered Utilities .................................. 29
7.16 Flags, Pennants, Banners, Etc ................................. 29
7.17 Activities Causing Increase in Insurance Rates ..................... 30
7.18 Owner's Right and Obligation to Maintain and Repair ............... 30
ARTICLE VIII
INSURANCE; DAMAGE OR DESTRUCTION; CONDEMNATION
30
~.1 insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 30
8.2 Damage or Destruction ...................................... 32
A. Process for Repair or Reconstruction ....................... 33
B. Process If Repair or Reconstruction Not Undertaken ........... 34
8.3 Condemnation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 35
ARTICLE IX
GENERAL PROVISIONS
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
35
9.1 Enforcement. . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . ., 35
9.2 Invalidity of Any Provision ...... _ . . . . . _ . . . . . . . . . . . . . . . . . . . . .. 35
9.3 Term. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 35
9.4 Amendments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . .. 35
01/22/04 -v-
T:\WPWIN60\PROJECfS\SHELLEY.A VE\DECfC
TABLE OF CONTENTS (Continued) . Paee vi
Paee #
9.5 Rights of First Lenders .....,................................ 36
A. Copies of Project Documents ............................. 36
B. Audited Statement .............. _ . _ . . . . . . . . . . . . . . . _ . . .. 36
C. Notice of Action ...................................... 36
D. Consent to Action ..................................... 37
E. Right of First Refusal ................................... 38
F. Contracts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 38
G. Reserves. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 38
H. Priority of Liens ....................................... 38
1. Distribution of Insurance or Condemnation Proceeds ........... 39
J. Payment of Taxes or Insurance by Lenders ................... 39
9.6 Limitation of Restrictions on Declarant .......................... 39
9.7 Termination of Any Responsibility of Declarant ..................,. 40
9.8 Owners' Compliance ........... _ . . . . . . . . . . . . . . . . . . . . . . . . . . .. 40
9.9 Notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 40
9.10 Special Provisions Relating to Enforcement of Declarant's
Obligation to Complete Common Area Improvements ............... 40
9.11 Special Provisions Relating to Enforcement of Declarant's
Obligation to Pay Assessments ,.,...,......................... 41
9.12 Fair Housing ............................................. 42
9.13 Dispute. Resolution ......................................... 42
9.14 Number; Gender ........................................... 47
01/22/04 -Vl-
T:\WPWIN60\PROJECTS\SHELLEY,A VE\DECTC
SHELLEY AVENUE TOWNHOMES
DECLARATION OF COVENANTS. CONDITIONS AND RESTRICTIONS
Tms DECLARATION, made on the date hereinafter set forth, by SHELLEY PARTNERS, LLC,
a California limited liability company, hereinafter referred to as "Declarant," is made with reference to
the following facts:
A. Location of Property. Declarant is the owner of certain property located in the City of
Campbell ("City"), County of Santa Clara, State of California, more particularly described on the Map
entitled Tract No. 9299, filed for record in the Office of the Recorder of the County of Santa Clara, State
of California, on , 2004, in Book _ of Maps, page(s)
("Map").
B. General Plan of Improvement. Declarant intends by this Declaration to impose upon
the Project, as defined and described in this Declaration, mutually beneficial restrictions under a general
plan of improvement for the benefit of all Owners of Lots,
NOW, THEREFORE, Declarant hereby declares that all of the Project described above shall
be held, sold, leased, mortgaged, encumbered, rented, used, occupied, improved and conveyed subject
to the following declarations, limitations, easements, restrictions, covenants, and conditions, which are
imposed as equitable servitudes pursuant to a general plan for the development of the Project for the
purpose of enhancing and protecting the value and desirability of the Project and every part thereof,
and which shall run with the Project and be binding on Declarant and its successors and assigns, and
on all parties having or acquiring any right, title or interest in or to the described Project or any part
of it, their heirs, successors and assigns, and shall inure to the benefit of each Owner thereof.
ARTICLE I
DEFINITIONS
1.1 "Articles": The Articles of Incorporation of the Association, as amended from time to
time.
1.2 "Assessment": That portion of the cost of maintaining, improving, repairing, operating
and managing the Project which is to be paid by each Owner as determined by the Association, and
shall include Regular Assessments, Special Assessments, and Reimbursement Charges.
1.3 "Assessment Lien": Defined in section 4.l0D.
1.4 "Association": The SHELLEY AVENUE TOWNHOMES ASSOCIATION, a
California nonprofit mutual benefit corporation, the Members of which shall be the Owners of Lots in
the Project.
1.5 "Board" or "Board of Directors": The governing body of the Association.
1.6 "Bylaws": The bylaws of the Association, as amended from time to time.
Law Offices of
Hanna & Van All.
525 UNIVERSITY AVENUE. SUITE 70:5
PAlO ALTO. CA 9.301
TaEl'HONE (650) 32 t .5100
01/22/04
T:\ WPWIN60\PROJECTS\SHELLEY.A VE\DEC
-1-
1.7 "Common Area": The portions of the Property (and all improvements thereon) owned
by the Association for the common use and enjoyment of the Owners consisting upon recordation of
the Map and conveyance by deed to the Association of Lot 6, described on said Map.
1.8 "Common Expenses": The actual and estimated expenses the Association incurred for
maintaining, repairing, operating and replacing the Common Area and any reasonable reserve for such
purposes as found and determined by the Board and all sums designated Common Expenses by or
pursuant to the Declaration, Articles, or Bylaws.
1.9 "Declarant": SHELLEY PARTNERS, LLC, a California limited liability company, and
any successor or assign that expressly assumes the rights and duties of the Declarant under this
Declaration in a recorded written document.
1.10 "Declaration": This Declaration, as amended or supplemented from time to time.
1.11 "Eligible Mortgages": Mortgages held by "Eligible Mortgage Holders."
1.12 "Eligible Mortgage Holder": A First Lender who has requested notice of certain
matters from the Association in accordance with section 9.5C.
1.13 "Eligible Insurer or Guarantor": An insurer or governmental guarantor of a First
Mortgage who has requested notice of certain matters from the Association in accordance with
section 9.5C.
1.14 "First Lender": Any person, entity, bank, savings and loan association, insurance
company, or other financial institution holding a recorded First Mortgage on any Lot.
1.15 "First Mortgage": Any recorded Mortgage made in good faith and for value on a Lot
with first priority over other Mortgages encumbering the Lot.
1.16 "Foreclosure": The legal process by which a Lot owned by an Owner who is in
default under a Mortgage is sold, pursuant to California Civil Code ~ 2924a et ~. or sale by the
Court pursuant to California Code of Civil Procedure ~ 725a et ~. and any other applicable laws.
1.17 "Lot": Each Lot or parcel shown on the Map, with the exception of the Common
Area.
1.18 "Map": That Map, described above in Clause A.
1.19 "Member": A person entitled to membership in the Association as provided herein.
1.20 "Mortgage": A mortgage, deed of trust, assignment of rents, issues and profits or
other proper instrument (including, without limitation, those instruments and estates created by
sublease or assignment) given as security for the repayment of a loan or other financing which
encumbers a Lot, made in good faith and for value.
01/22/04
T:\ WPWIN60\PROJECTS\SHELLEY.A VElDEC
-2-
1.21 "Mortgagee": The holder of a Mortgage including the beneficiary of a deed of trust
that constitutes a Mortgage.
1.22 "Mortgagor": A Person who encumbers his Lot with a Mortgage, including a trustor
of a deed of trust that constitutes a Mortgage.
1.23 "Notice of Delinquent Assessment": A Notice of Delinquent Assessment filed by the
Association for a delinquent Assessment pursuant to section 4.lOC.
1.24 "Owner": The record Owner, whether one (1) or more persons or entities, of fee
simple title to any Lot which is a part of the Project but expressly excluding those persons or entities
having an interest merely as security for the performance of an obligation, until such person obtains
fee title hereto, and those parties who have leasehold interests in a Lot. If a Lot is sold under a
recorded contract of sale, the purchaser under the contract of sale, rather than the holder of the fee
interest, be considered the "Owner" from and after the date the Association receives written notice of
the recorded contract.
1.25 "Person": A natural person, a corporation, a partnership, a trustee, or other legal
entity.
1.26 "Project": All of the real property above described on the Map including all improve-
ments and structures erected or to be erected on that real property, subject to this Declaration.
1.27 "Project Documents": This Declaration, together with the other basic documents used
to create and govern the Project, including the Map, the Articles, and the Bylaws, and Rules adopted
by the Board or the Association.
1.28 "Public Report": The official document and permit issued pursuant to the Subdivided
Lands Act [Business & Professions Code SS 11000 et seq.] by the State of California Department of
Real Estate authorizing the offering of the Lots for sale to the public.
1.29 "Regular Assessments": A Regular Assessment levied by the Association pursuant to
section 4.3B.
1.30 "Reimbursement Charge": A charge levied by the Board against an Owner to
reimburse the Association for costs and expenses incurred in bringing the Owner and/or his or her Lot
into compliance with the provisions of this Declaration, determined and levied pursuant to sections
4.10 and S.lA of this Declaration.
1.31 "Rules": The rules adopted from time to time by the Board or the Association pursuant
to section S.2D.
1.32 "Special Assessments": A Special Assessment levied by the Association pursuant to
section 4.3B.
1.33 "Utility Facilities": Defined in section 2.6.
01/22/04
T:\ WPWlN60\PROJECTSISHELLEY,A VE\DEC
-3-
ARTICLE II
DESCRIPTION OF PROJECT, DIVISION OF PROPERTY,
AND CREATION OF PROPERTY RIGHTS
2.1 Description of Project: The Project is a planned development, consisting of the
Common Area, the five (5) building Lots, and all improvements thereon.
2.2 Easements; Dedication of Common Area: Each of the Lots shown on the Map shall
have appurtenant to it as the dominant tenement an easement over the Common Area(s) as the servient
tenement for ingress and egress, and for use, occupancy and enjoyment, and for the construction,
maintenance and operation of utilities; subject to the following provisions:
A. The right of the Association to discipline Members and to suspend the voting
rights of a Member for any period during which any Assessment against the Member's Lot remains
unpaid, and for any infraction of the Declaration, Bylaws, Articles or written Rules in accordance
with the provisions of sections 4.10, 5.2F and 9.1 hereof.
B. The right of the Association to dedicate, transfer or mortgage all or any part of
the Common Area to any public agency, authority, or utility for such purposes and subject to such
conditions as may be agreed to by the Members, provided, that in the case of the borrowing of money
and the mortgaging of its property as security therefor, the rights of such Mortgagee shall be
subordinate to the rights of the Members of the Association. No such dedication, transfer or mortgage
shall be effective unless an instrument signed or approved by two-thirds (2/3) of each class of
Members agreeing to such dedication, transfer or mortgage has been recorded.
C. The right of the Association to grant easements under, in, upon, across, over,
above or through any portion of the Common Area for purposes, including, without limitation, access,
utilities, and parking, which are beneficial to the development of the Project in accordance with the
general plan established by this Declaration.
D. The right of the Association or Declarant to install or have installed a cable or
central television antenna system. The system, if and when installed, shall be maintained by the
Association or cable television franchisee. To the extent required to effectuate the foregoing plan,
there shall be an easement in favor of each Lot for the purpose of connecting the same with the
master cable television terminal, central television antenna or line. Each Lot shall be subject to an
easement in favor of all other Lots and in favor of the entity holding the CATV franchise, to provide
for the passage through the Lot and any structure thereon of television connections from any other Lot
to the cable system, and shall be subject to a further easement for the placement and maintenance of
such connections.
E. Easements for work necessary to complete development and construction of
the Project, including all parcels annexed or to be annexed, as more particularly described in section
9.6.
The foregoing easements are granted and reserved subject to the condition that their use and
enjoyment shall not unreasonably interfere with the use, occupancy or enjoyment of all or any part of
the Lot servient to them or to which they are appurtenant.
01/22/04
T:\ WPWIN60\PROJECTs\sHELLEY.A VE\DEC
-4-
2.3 Easements to Accompany Conveyance of Lot: Easements that benefit or burden any
Lot shall be appurtenant to that Lot and shall automatically accompany the conveyance of the Lot,
even though the description in the instrument of conveyance may refer only to the fee title to the Lot.
2.4 Delegation of Use: Any Owner may delegate, in accordance with the Bylaws, his
right of enjoyment to the Common Area and facilities to the members of his family, guests, tenants, or
contract purchasers, who reside in the Project.
2.5 Conveyance of Common Area to Association: On or before conveyance of title to
the first Lot, Declarant shall deed the Common Area to the Association to be held for the benefit of
the Members of the Association,
2.6 Owners' Rights and Easements for Utilities: The rights and duties of the Owners of
Lots within the Project with respect to sanitary sewer, drainage, water, electric, gas, television
receiving, telephone equipment, cables and lines, elevators, elevator shafts, exhaust flues, and heating
and air conditioning facilities (hereinafter referred to, collectively, as "Utility Facilities") shall be as
follows:
A. Whenever Utility Facilities are installed within the Project, which Utility
Facilities or any portion thereof lie in or upon a Lot or Lots owned by other than the Owner of a Lot
served by said Utility Facilities, the Owners of any Lots served by said Utility Facilities, shall have the
right of reasonable access for themselves or for utility companies or the City of Campbell to repair, to
replace and generally maintain said Utility Facilities as and when the same may be necessary, due to
failure or inability of the Board to take timely action to make such repairs or perform such
maintenance.
B. Whenever Utility Facilities are installed within the Project which serve more
than one (1) Lot, the Owner of each Lot served by said Utility Facilities shall be entitled to the full
use and enjoyment of such portions of said Utility Facilities as service his Lot.
C. In the event of a dispute between Owners with respect to the repair or
rebuilding of said Utility Facilities, or with respect to the sharing of the cost thereof, then, upon
written request of one (1) Owner addressed to the other Owner(s), the matter shall be submitted first to
the Board for mediation, and thereafter, if the dispute remains unresolved, to binding arbitration within
sixty (60) days pursuant to the rules of the American Arbitration Association, or any successor thereto,
or to any other generally recognized system of alternative dispute resolution, and the decision of the
Arbitrator(s) shall be final and conclusive on the parties, and judgment may be entered thereon in any
court having jurisdiction.
2.7 Encroachment Easements: Each Lot as the dominant tenement shall have an ease-
ment over adjoining Lots and Common Area as the servient tenements for the purpose of
accommodating any encroachment due to foundations, exterior wall, windows, roof overhang and
fences or walls which are built in accordance with the original design, plans and specifications of
Declarant, or due to engineering errors, errors or adjustments in original construction, settlement or
shifting of the building, or similar causes. There shall be valid easements for the maintenance of said
encroachments as long as they shall exist, and the rights and obligations of Owners shall not be altered
01/22/04
T:\ WPWIN60\PROJECTSISHELLEY.A VElDEC
-5-
in any way by said encroachment, settlement or shifting; provided, however, that in no event shall a
valid easement for encroachment be created in favor of an Owner or Owners if said encroachment
occurred due to the intentional conduct of said Owner or Owners other than adjustments by Declarant
in the original construction. In the event a structure is partially or totally destroyed, and then repaired
or rebuilt, the Owners of each adjoining Lot agree that minor encroachments over adjoining Lots and
Common Area shall be permitted and that there shall be valid easements for the maintenance of said
encroachments so long as they shall exist. In the event that an error in engineering, design or
construction results in an encroachment of a building into the Common Area, or into or onto an
adjoining Lot, or into a required setback area, a correcting modification may (at the discretion of
Declarant) be made in the subdivision map. Said modification shall be in the form of a certificate of
correction and shall be executed by Declarant (so long as Declarant is the sole owner of the Project)
and by Declarant's engineer and by the city engineer. If the correction occurs after title to the
Common Area has been conveyed to the Association, the Association shall also execute the certificate
of correction. The Board of Directors may, by vote or written approval of a majority of the directors,
authorize the execution of the certificate of correction.
2.8 Side Yard Easements:
A. Easements: In all cases where a structural wall of a residence that was built
as part of the original construction is located on or adjacent to the boundary line between adjacent
Lots, the Owner of the residence as the dominant tenement shall have a nonexclusive easement over
the adjacent Lot as the servient tenement for access to and use of that portion of the servient tenement
as may be reasonably necessary for the maintenance of the wall, the reconstruction of the wall in the
event of the partial or total destruction of the same, and the drainage associated with the wall or the
residence of which the wall is a part, and an easement to accommodate the foundation andlor roof or
eave encroachment as per the original design, plans and specifications which were the basis for the
original construction of the residence. The Owner of a Lot having a structural wall situated on the
boundary line between his Lot and the adjoining Lot shall not attach anything to the outside of the
wall which shall protrude across the boundary line into the adjoining Lot, and the Owner of the
adjoining Lot upon which such a wall is situated shall not attach anything to the outside of the wall
without (in each case) the consent and permission of the Owner of the adjoining Lot upon which the
residence of which the wall is a part is situated.
B. Arbitration: In the event of any dispute arising concerning the provisions of
this section, upon written request of one (1) Owner addressed to the other Owner(s), the matter shall
be submitted first to the Board for mediation, and thereafter, if the dispute remains unresolved, to
binding arbitration within sixty (60) days pursuant to the rules of the American Arbitration
Association, or any successor thereto, or to any other generally recognized system of alternative
dispute resolution, and judgment may be entered thereon in any court having jurisdiction. The
modification may also be made by lot line adjustment, if more appropriate.
01/22/04
T:\WPWIN60IPROJECTS\SHELLEY,A VE\DEC
-6-
2.9 Party Walls; Party Fences; and Common Roof Systems:
A. General Rules of Law to Apply: Each wall, fence, footing or foundation,
and/or common roof system that is built as part of the original construction of a residence, is located
on the boundary line with an adjacent Lot and either is used in common with the residence on the
adjacent Lot or abuts against a similar wall, fence, footing or foundation, and/or common roof system,
on the adjacent Lot shall constitute a "party wall" or "party fence." To the extent not inconsistent with
the provisions of this section 2.9, the general rules of law regarding party walls and party fences and
liability for property damage due to negligence or willful acts or omissions shall apply thereto.
B. Sharing of Repair and Maintenance: The cost of reasonable repair and
maintenance of a party wall and party fence shall be shared by the Owners who make use of the party
wall or party fence in proportion to such use.
C. Destruction by Fire or Other Casualty: If a party wall or party fence is
destroyed or damaged by fire or other casualty, any Owner who has used the party wall or party fence
may restore it, and if the other Owners thereafter make use of the party wall or party fence, they shall
contribute to the cost of restoration thereof in proportion to such use; provided, however, that the
Owner or Owners whose negligent act or omission proximately caused the damage or destruction, shall
bear the full cost of restoration that is not covered by insurance,
D. Weatherproofing: Notwithstanding any other provisions of this Article, an
Owner who by his negligent or willful act causes the party wall or party fence to be exposed to the
elements shall bear the whole cost of furnishing the necessary protection against such elements.
E. Right to Contribution Runs with Land: The right of any Owner to
contribution from any other Owner under this section 2.9 shall be appurtenant to the land and shall
pass to such Owner's successors in title.
F. Arbitration: In the event of any dispute arising concerning a party wall or
party fence, or concerning the provisions of this section, upon written request of one (1) Owner
addressed to the other Owner(s), the matter shall be submitted first to the Board for mediation, and
thereafter, if the dispute remains unresolved, to binding arbitration within sixty (60) days pursuant to
the rules of the American Arbitration Association, or any successor thereto, or to any other generally
recognized system of alternative dispute resolution, and judgment may be entered thereon in any court
having jurisdiction.
2.10 Maintenance Easement: An easement over each Lot is reserved by Declarant, and is
hereby granted to the Association, for the purpose of entering upon the Project to perform such
maintenance, if any, as the Association may do in accordance with the provisions of section 5.IA and
section 7.18 of this Declaration.
2.11 Front Yard Maintenance Easement: An easement is reserved over the front yard of
each Lot as the servient tenement in favor of the Association for the purpose of allowing the
Association or its agents to enter the front yard to maintain the landscaping thereon.
U l/22/U4
T:\ WPWIN60\PROJECTSISHELLEY.A VElDEC
-7-
2.12 Drainage Easements: An easement over and under each Lot as the servient tenement
is reserved in favor of each other Lot as the dominant tenement for the purpose of allowing the
Association's agents to enter the Lot to maintain that portion of an in-tract storm drainage system
located thereon. No Owner or occupant shall commit any act that would interfere with the operation
of any drainage system (including drainage swales) installed on the Owner's Lot, each Owner shall
maintain the system free of debris and other obstacles at all times. Reciprocal appurtenant easements
between each Lot and the. Common Area and between adjoining Lots are reserved for the flow of
surface water.
2.13 Other Easements: The Common Area and each Lot are subject to all easements,
dedications, and rights of way granted or reserved in, on, over and under the Project as shown on the
Map.
2.14 Rights of Entry and Use: The Lots and Common Area (including Restricted
Common Area) shall be subject to the following rights of entry and use:
A. The right of the Association's agents to enter any Lot to cure any violation of
this Declaration or the Bylaws, provided that the Owner has received notice and a hearing as required
by the Bylaws (except in the case of an emergency) and the Owner has failed to cure the violation or
take steps necessary to cure the violation within thirty (30) days after the finding of a violation by the
ASSOCIatIOn;
B. The access rights of the Association to maintain, repair or replace
improvements or property located in the Common Area as described in section 5.2E;
C. The easements described in this Article II;
D. The right of the Association's agents to enter any Lot to perform maintenance
as described in section 7.18;
E. The rights of the Declarant during the construction period as described in
section 9.6.
2.15 Partition of Common Area: There shall be no subdivision or partition of the
Common Area, nor shall any Owner seek any partition or subdivision thereof.
Notwithstanding any provisions to the contrary contained in this Declaration and in order to
provide for a means of terminating the Project if this should become necessary or desirable, on
occurrence of any of the conditions allowing an Owner of a Lot to maintain an action for partition (as
such conditions are presently set forth in California Civil Code 9 1359 or as such conditions in the
future may be set forth in any amendment thereto or comparable provisions of law), two-thirds (2/3)
of the Owners of Lots shall have the right to petition the Superior Court having jurisdiction to alter or
vacate the Map under California Government Code ~ 66499.21, et seq., or any comparable provisions
of law, and to vest title to the Project in Owners as tenants in common and order an equitable partition
of the Project in accordance with the laws of the State of California.
01/22/04
r:\ WPWIN60\PROJECTSISHELLEY,A VElDEC
-8-
Nothing herein shall be construed to prohibit partition of a joint tenancy or co-tenancy in any
Lot.
2.16 All Easements Part of Common Plan: Whenever any easements are reserved or
created or are to be reserved or created in this Declaration, such easements shall constitute equitable
servitudes for the mutual benefit of all property in the Project, even if only certain Lots are
specifically mentioned as subject to or benefiting from a particular easement. Easements referred to in
this Declaration that are created by grant deeds subsequent to the date of this Declaration shall be part
of the common plan created by this Declaration for the benefit of all property Owners within the
Project.
ARTICLE ill
ASSOCIATION, ADMINISTRATION, MEMBERSIDP AND VOTING RIGHTS
3.1 Association to Own and Manage Common Areas: The Association shall own and
manage the Common Area in accordance with the provisions of this Declaration, and the Articles and
Bylaws.
3.2 Membership: The Owner of a Lot shall automatically, upon becoming the Owner of
same, be a Member of the Association, and shall remain a Member thereof until such time as his
ownership ceases for any reason. Membership shall be appurtenant to and may not be separated from
ownership of a Lot. Membership shall be held in accordance with the Articles and Bylaws.
3.3 Transferred Membership: Membership in the Association shall not be transferred,
encumbered, pledged, or alienated in any way, except upon the sale or encumbrance of the Lot to
which it is appurtenant, and then only to the purchaser, in the case of a sale, or Mortgagee, in the case
of an encumbrance of such Lot. On any transfer of title to an Owner's Lot, including a transfer on
the death of an Owner, membership passes automatically with title to the transferee.
A Mortgagee does not have membership rights until it obtains title to the Lot through
Foreclosure or deed in lieu of Foreclosure. Any attempt to make a prohibited transfer is void. No
Member may resign his membership. On notice of a transfer, the Association shall record the transfer
on its books.
3.4 Membership and Voting Rights: Membership and voting rights shall be as set forth
in the Bylaws.
ARTICLE IV
ASSESSMENTS AND LIENS
4.1 Creation of the Lien and Personal Obligation of Assessments: The Declarant, for
each Lot owned within the Project, hereby covenants, and each Owner of any Lot by acceptance of a
deed for that Lot, whether or not it shall be so expressed in such deed, covenants and agrees:
(1) to pay Regular Assessments or charges, Special Assessments, and Reimbursement
Charges to the Association as established in this Declaration; and
01/22/04
T:\ WPWlN60\PROJECTs\sHELLEY,A VE\DEC
-9-
(2) to allow the Association to enforce any Assessment Lien established under this
Declaration by nonjudicial proceedings under a power of sale or by any other means authorized by
law,
The Regular Asessments and Special Assessments, together with interest, late charges,
collection costs, and reasonable attorneys' fees, shall be a charge on the land and shall be a continuing
Assessment Lien upon the property against which each such Assessment is made, the lien to become
effective upon recordation of a Notice of Delinquent Assessment. Each Assessment, together with
interest, late charges, collection costs, and reasonable attorneys' fees, shall also be the personal, joint
and several, obligation of each person who was the Owner of such property at the time when the
Assessment fell due. The personal obligation for delinquent Assessments shall not pass to his
successors in title unless expressly assumed by them. No Owner of a Lot may exempt himself from
liability for his contribution towards the Common Expenses by waiver of the use or enjoyment of any
of the Common Areas or by the abandonment of his Lot.
The interest of any Owner in the amounts paid pursuant to any Assessment upon the transfer
of ownership shall pass to the new Owner. Upon the termination of these covenants for any reason,
any amounts remaining from the collection of such Assessments after paying all amounts properly
charged against such Assessments shall be distributed to the then Owners on the same pro rata basis
on which the Assessments were collected.
4.2 Purpose of Assessments: The Assessments levied by the Association shall be used
exclusively to promote the economic interests, recreation, health, safety, and welfare of all the Owners
and other residents in the Project and to provide insurance, improvement and maintenance of the
Common Area, and of the homes situated in the Project for the common good of the Project.
4.3 Assessments:
A. Regular Assessments: The Board shall establish and levy Regular
Assessments in an amount that the Board estimates will be sufficient to raise the funds needed to
perform the duties of the Association during each fiscal year.
The Regular Assessment shall include a portion for reserves in such amounts as the Board in
its discretion considers appropriate to meet the costs of the future repair, replacement or additions to
the major improvements and fixtures that the Association is obligated to maintain and repair. Reserve
funds shall be deposited in a separate account and the signatures of at least two (2) persons who shall
either be members of the Board or one officer who is not a member of the Board and a member of the
Board shall be required to withdraw monies from the reserve account.
B. Special Assessments: The Board, at any time, may levy a Special Assessment
in order to raise funds for unexpected operating or other costs, insufficient operating or reserve funds,
or such other purposes as the Board in its discretion considers appropriate. Special Assessments shall
be allocated among the Lots in the same manner as Regular Assessments, except in the case of an
Assessment levied by the Board against a Member to reimburse the Association for costs incurred in
bringing the Member and his Lot into compliance with provisions of the Project Documents.
01/22/04
T:\ WPWIN60\PROJECfSISHELLEY,A VE\DEC
-10-
4.4 Restrictions on Increases in Regular Assessments or Special Assessments:
A. Except as provided in section 4.4B, without having first obtained the approval
of such action by the vote or written assent of Members casting a majority of the votes at a meeting of
the Association at which a quorum is present, the Board may not: (1) impose a Regular Assessment on
any Lot which is more than twenty percent (20%) greater than the Regular Assessment for the
immediately preceding fiscal year or (2) levy a Special Assessment to defray the cost of any action or
undertaking on behalf of the Association which in the aggregate exceeds five percent (5%) of the
budgeted gross expenses of the Association for that fiscal year. For purposes of this section 4.4, a
"quorum" means Members constituting more than fifty percent (50%) of the voting power of the
Association. Any meeting of the Association for purposes of complying with this section 4.4 shall be
conducted in accordance with Chapter 5 (commencing with 9 7510) of Part 3, Division 2 of Title 1 of
the California Corporations Code and S 7613 of the California Corporations Code. The right of the
Board to increase Regular Assessments by up to twenty percent (20%) over the Regular Assessment
for the immediately preceding fiscal year is subject to the Board having complied with the provisions
of California Civil Code 9 1365(a), which provisions are set forth in section 12.1(1) of the Bylaws or
having obtained the approval of such increase by the Members in the manner set forth above in this
section 4.4.
B. Assessments - Emergency Situations. Notwithstanding the foregoing, the
Board, without membership approval, may increase Regular Assessments or levy Special Assessments
necessary for an emergency situation in amounts that exceed the provisions of section 4.4A, above.
For purposes of this section, an emergency situation is one of the following:
(1) an extraordinary expense required by an order of a court,
(2) an extraordinary expense necessary to repair or maintain the Project or any part of
it for which the Association is responsible where a threat to personal safety on the Project is
discovered, or
(3) an extraordinary expense necessary to repair or maintain the Project or any part of
it for which the Association is responsible that could not have been reasonably foreseen by the Board
in preparing and distributing the pro forma operating budget, provided, however, that prior to the
imposition or collection of the Assessment, the Board shall pass a resolution containing written
findings as to the necessity of the extraordinary expense involved and why the expense was not or
could not have been reasonably foreseen in the budgeting process and the resolution shall be
distributed to the Members with the notice of the Assessment.
The Association shall provide to the Owners by first-class mail notice of any increase in the
Regular Assessments or Special Assessments of the Association, not less than thirty (30) nor more
than sixty (60) days prior to the increased Assessment becoming due.
This section 4.4 incorporates the statutory requirements of California Civil Code 9 1366. If
this section of the California Civil Code is amended in any manner, this section 4.4 automatically shall
be automatically amended in the same manner without the necessity of amending this Declaration.
01/22/04
T:\ WPWIN60\PROJECTS\SHELLEY.A VElDEC
-11-
C. Notice and Quorum for Any Action Authorized Under Section 4.4: Any
action authorized under section 4.4, which requires a vote of the membership, shall be taken at a
meeting called for that purpose, written notice of which shall be personally delivered or mailed to all
Members not less than ten (10) nor more than ninety (90) days in advance of the meeting specifying
the place, day and hour of the meeting and, in the case of a special meeting, the nature of the
business to be undertaken. The action may also be taken without a meeting pursuant to the provisions
of California Corporations Code ~7513.
4.5 Notice and Quorum for Any Action Authorized Under Section 4.4: Any action
authorized under section 4.4, which requires a vote of the membership, shall be taken at a meeting
called for that purpose, written notice of which shall be personally delivered or mailed to all Members
not less than ten (10) nor more than ninety (90) days in advance of the meeting, specifying the place,
day and hour of the meeting and, in the case of a special meeting, the nature of the business to be
undertaken. The action may also be taken without a meeting pursuant to the provisions of California
Corporations Code ~ 7513.
4.6 Uniform Rate of Assessment: Both Regular Assessments and Special Assessments
must be fixed at a uniform rate for all Lots and may be collected on a monthly basis.
4.7 Date of Commencement of Regular Assessments; Due Dates: The Regular
Assessments provided for in this Declaration shall commence as to all Lots covered by this Declara-
tion on the earlier to occur of (i) the first day of the month following the first conveyance of a Lot to
the purchaser thereof under authority of a Public Report, or (ii) upon the occupancy of a subdivision
interest in the project. Subject to the provisions of section 4.3 hereof, the Board of Directors shall use
their best efforts to fix the amount of the Regular Assessment against each Lot and send written notice
thereof to every Owner at least forty-five (45) days in advance of each Regular Assessment period,
provided that failure to comply with the foregoing shall not affect the validity of any Assessment
levied by the Board. The due dates shall be established by the Board of Directors. The Association
shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the
Association setting forth whether the Assessments on a specified Lot have been paid. Sucha
certificate stating that Assessments have been paid shall be conclusive evidence of such payment.
4.8 Effect of Nonpayment of Assessments: Any Assessment not paid within fifteen (15)
days after the due date shall be delinquent, shall bear interest at the rate of twelve percent (12%) per
annum from thirty (30) days after the due date until paid, and shall incur a late payment penalty in an
amount to be set by the Board from time to time, not to exceed the maximum permitted by applicable
law.
4.9 Transfer of Lot by Sale or Foreclosure: Sale or transfer of any Lot shall not affect
the Assessment Lien. However, the sale of any Lot pursuant to Foreclosure of a First Mortgage shall
extinguish the Assessment Lien on that Lot (including attorneys' fees, late charges, or interest levied
in connection therewith as to payments which became due prior to such sale or transfer, except for
Assessment Liens recorded prior to the Mortgage). No sale or transfer shall relieve such Lot from
liability for any Assessments thereafter becoming due or from the lien thereof.
o l/22/04
T:\ WPWIN60\PROJECTs\sHELLEY,A VElDEC
-12-
The unpaid share of such Assessments shall be deemed to be Common Expenses collectible
from all of the Lots including such acquirer, and his successors or assigns.
If a Lot is transferred, the grantor shall remain liable to the Association for all unpaid
Assessments against the Lot through and including the date of the transfer. The grantee shall be
entitled to a statement from the Association, dated as of the date of transfer, setting forth the amount
of the unpaid Assessments against the Lot to be transferred, and the Lot shall not be subject to a lien
for unpaid Assessments in excess of the amount set forth in the statement, provided, however, the
grantee shall be liable for any Assessments that become due after the date of the transfer.
4.10 Priorities; Enforcement; Remedies: If an Owner fails to pay an Assessment when
due, the Association has the right, and option, to bring legal action against the Owner to enforce
collection of the unpaid and past due Assessment, or may impose an Assessment Lien on the Lot
owned by Owner pursuant to the provisions of Civil Code ~~ 1367 and 1367.1. Suit to recover a
money judgment for unp~id Assessments and attorneys' fees, shall be maintainable without foreclosing
or waiving the lien securing the same. The Association shall distribute the written notice described in
subdivision (b) of Civil Code 9 1365.1 entitled "Notice Assessments and Foreclosure" to each Member
during the 60-day period immediately preceding the beginning of the Association's fiscal year. The
notice is to be printed in at least 12-point type.
A. Statement of Charges. At least 30 days prior to the Association recording an
Assessment Lien upon a Lot pursuant to Civil Code ~ 1367.1(a), the Association shall notify the
owner of record in writing by certified mail of the following:
(1) A general description of the collection and lien enforcement procedures of
the Association and the method of calculation of the amount owed, a statement that the Owner has the
right to inspect the Association's records, pursuant to section 8333 of the Corporations Code, and the
following statement in 14-point boldface type, if printed, or in capital letters, if typed: "IMPORTANT
NOTICE: IF YOUR SEPARATE INTEREST IS PLACED IN FORECLOSURE BECAUSE YOU
ARE BEHIND IN YOUR ASSESSMENTS, IT MAY BE SOLD WITHOUT COURT ACTION".
(2) An itemized statement of the charges owed by the Owner, including items on
the statement which indicate the amount of any delinquent Assessments, the fees and reasonable costs of
collection, reasonable attorney's fees (not to exceed $425.00 per Civ. Code ~ 1366.3(a)), any late charges,
and interest, if any.
(3) A statement that the Owner shall not be liable to pay the charges, interest, and
costs of collection, if it is determined the Assessment was paid on time to the Association.
(4) The right to request a meeting with the Board as provided by Civil Code
~1371.1(c).
Note: Any payments made by the Owner toward the debt shall first be applied to the Assessments
owed, and, only after the Assessments owed are paid in full shall the payments be applied to the fees and
costs of collection, attorneys' fees, late charges, or interest. When an Owner makes a payment, the owner
may request a receipt and the Association shall provide it. The receipt shall indicate the date of payment
and the person who received it. The Association shall provide a mailing address for overnight payment
of Assessments.
01/22/04
T:\ WPWIN60\PROJECfSISHELLEY.A VE\DEC
-13-
B. Right to Request Meeting. An Owner may dispute the debt noticed pursuant to
section 4.1 OA, above, submitting to the Board a written explanation of the reasons for his or her dispute.
The Board shall respond in writing to the Owner within 15 days of the date of the postmark of the
explanation, if the explanation is mailed within 15 days of the postmark of the notice. The Owner may
submit a written request to meet with the Board to discuss a payment plan for the debt noticed pursuant
to section 4. lOA, above. The Board shall provide the Owner the standards for payment plans, if any exist.
The Board shall meet with the Owner in executive session within 45 days of the postmark of the request,
if the request is mailed within fifteen (15) days of the date of the postmark of the notice, unless there is
no regularly scheduled Board meeting within that period, in which case the Board may designate a
committee of one or more members to meet with the Owner.
C. Notice of Delinquent Assessment. After compliance with the provisions of Civil
Code S 1367. I (a), the Association may record a Notice of Delinquent Assessment and establish an
Assessment Lien against the Lot of the delinquent Owner prior and superior to all other liens recorded
subsequent to the Notice of Delinquent Assessment, except (1) all taxes, bonds, assessments and other
levies which, by law, would be superior thereto, and (2) the lien or charge of any First Mortgage of record
recorded prior to the Notice of Delinquent Assessment. The Notice of Delinquent Assessment shall state
the amount of the Assessment, collection costs, attorneys' fees, late charges and interest, a description of
the Lot against which the Assessment and other sums are levied, the name of the record Owner, and the
name and address of the trustee authorized by the Association to enforce the lien by sale. The notice shall
be signed by any officer of the Association or any management agent retained by the Association and shall
be mailed in the manner set forth in Civil Code 9 2924b to all record owners of the Lot no later than ten
(10) days after recordation.
Within twenty-one (21) days after payment of the sums specified in the Notice of Delinquent
Assessment, the Association shall record or cause to be recorded in the Office of the County Recorder in
which the Notice of Delinquent Assessment is recorded a lien release or notice of rescission and provide
the Owner a copy of the lien release or notice that the delinquent Assessment has been satisfied.
D. Enforcement of Assessment Lien. Thirty (30) days following the recordation
of the Notice of Delinquent Assessment, the Assessment Lien may be enforced in any manner permitted
by law, including sale by the court, sale by the trustee designated in the Notice of Delinquent Assessment,
or sale by a trustee substituted pursuant to California Civil Code S 2934(a). Any sale by the trustee shall
be conducted in accordance with the provisions of SS 2924, 2924b, 2924c, 2924f, 2924g, 2924h and 2924j
of the California Civil Code applicable to the exercise of powers of sale in mortgages and deeds of trust,
including any successor statutes thereto, or in any other manner permitted by law. The fees of a trustee
may not exceed the amounts prescribed in Civil Code SS 2924c and 2924d. Nothing in this Declaration
shall preclude the Association from bringing an action directly against an Owner for breach of the personal
obligation to pay Assessments.
The Association, acting on behalf of the Lot Owners, shall have the power to bid for the Lot at
Foreclosure sale, and to acquire and hold, lease, Mortgage and convey the Lot. If the purchase of a Lot
would result in a five percent (5%) or greater increase in Assessments, the purchase shall require the vote
or written consent of a majority of the total voting power of the Association, including a majority of
Members other than Declarant. During the period a Lot is owned by the Association, following
Foreclosure:
01/22/04
T:\ WPWlN60\PROJECTs\sHELLEY,A VElDEC
-14-
(1) no right to vote shall be exercised on behalf of the Lot;
(2) no Assessment shall be assessed or levied on the Lot; and
(3) each other Lot shall be charged, in addition to its usual Assessment, its share of the
Assessment that would have been charged to such Lot had it not been acquired by the Association as a
result of Foreclosure.
After acquiring title to the Lot at Foreclosure sale following notice and publication, the
Association may execute, acknowledge and record a deed conveying title to the Lot which deed shall be
binding upon the Owners, successors, and all other parties.
The Board may temporarily suspend the voting rights of a Member who is in default in payment
of any Assessment, after notice and hearing, as provided in the Bylaws.
In conformity to Civil Code S 1367 ( c), fines and penalties imposed by the Association for violation
of this Declaration as a disciplinary measure for failure of an Owner to comply with this Declaration or
the Rules, except for late payments, are not "Assessments," and are not enforceable by Assessment Lien,
but are enforceable by court proceedings; provided, however, pursuant to Civil Code S 1367(b), monetary
penalties imposed by the Association to reimburse the Association for costs incurred for repair of damage
to Common Area or facilities for which the Owner, or guests or tenants of an Owner, were responsible
may become the subject of a lien. Provided however that any such enforcement as a lien shall only be
permitted if there are no Lots in the Project that are subject to the jurisdiction of the Department of Real
Estate under a Final Subdivision Public Report. In the event that Civil Code gI367(c) is amended to
permit fines and penalties imposed by the Association for violation of this Declaration as a disciplinary
measure for failure of an Owner to comply with this Declaration or the Rules to be enforceable by
Assessment Lien, then this provision shall be deemed amended to conform to any such amendment of
Civil Code S1367(c).
4.11 Unallocated Taxes: In the event that any taxes are assessed against the Common Area,
or the personal property of the Association, rather than being assessed to the Lots, said taxes shall be
included in the Assessments made under the provisions of section 4.1 and, if necessary, a special
Assessment may be levied against the Lots in an amount equal to said taxes, to be paid in two (2)
installments, thirty (30) days prior to the due date of each tax installment.
ARTICLE V
DUTIES AND POWERS OF TIlE ASSOCIATION
5.1 Duties: In addition to the duties enumerated in the Articles and Bylaws, or elsewhere
provided for in this Declaration, and without limiting the generality of those duties, the Association shall
perform the tollowing duties:
A. Maintenance: The Association shall maintain and repair, as a Common Expense,
the following:
01/22/04
T:\ WPW1N60\PROJECTs\SHELLEY.A VElDEC
-15-
(l) the Common Area, all improvements and landscaping thereon, and all property
owned by the Association, including, without limitation, the community landscaped areas within the
Common Area; all hardscape, including the private street, parking areas, driveways, sidewalks, driveway
pavers, concrete and base; irrigation systems; lighting fixtures; fencing, including fencing between the
common area and private back yards and all exterior property line fencing; the Fire Truck Turn-around
located between Lot 3 and Lot 4 and next to Lot 5, including the truck supporting "grasscrete"; electrical
systems, including fixtures, underground lines, and the irrigation system electrical system; and above
ground and below ground utility, sewer or drainage systems located within the Common Area and any
adjoining public right of way, not maintained by a public entity, utility company, or improvement district.
(2) landscaping of the front yard and/or side yard areas of each Lot that are not
within the fenced in rear yards of each Lot.
The Fire Truck Turn-around, located between Lot 3 and Lot 4, and next to Lot 5, and shown on
Exhibit "A" attached hereto, cannot be altered or obstructed in any manner and shall be maintained clear
of any obstructions or impediments, at all times, including the parking of any vehicles or installation of
any trees, benches, recreation facilities, or other planting or landscape installations, unless approved in
writing by the Fire Marshall of the Fire District.
(3) with respect to potential termite infestation of the Common Areas, the
Association shall be responsible for periodic inspection of the Common Area for wood-destroying pests
and organisms, taking appropriate corrective measures therefor. In any case where termites are found
within a party wall or party fence, or other structure shared by contiguous Owners, and treatment of the
termItes requires tenting and fUmigation, the Association shall have the authority to require the temporary
removal of occupants of a Lot as may be necessary in connection with the treatment of wood-destroying
pests or organisms, pursuant to the procedures described in Civil Code S 1364(d) or any successor statute
thereto. The costs of any temporary relocation shall be borne by the Owner(s) of the Lot(s) affected.
(4) In order to reduce the presence of mold, fungi, spores, pollens and other
botanical substances, or other allergens (collectively "Mold"), within the Common Area, the Association
shall inspect the Common Area improvements not less frequently than once each quarter to check for
water leaks or other breaches of the watertight integrity of the improvements, and for the presence of
Mold. If any water leaks and/or Mold are detected, the Association shall immediately take appropriate
corrective steps to repair the leak, and/or remove the Mold and to maintain proper ventilation within
enclosed areas, and to maintain humidity levels to reduce the risk of Mold growth, and shall periodically
inspect the irrigation system to ensure proper watering, and to correct any leaks and/or misdirected or
excessive watering, and periodically inspect the ground surface around the foundations to ensure that no
water is pooling around or within the foundations, and shall maintain rain gutters in a clean and proper
operating condition at all times, and take such other prudent steps as may be appropriate to prevent Mold
growth, or eliminate any existing Mold.
o 1/22/04
r:\ WPWIN60\PROJECfS\sHELLEY.A VE\DEC
-16-
(5) Each Owner and occupant shall fully cooperate with the agents of the
Association in the performance of the Association's maintenance and repair obligations described above.
Such cooperation shall include, but is not limited to, immediate notification to the Board or its managing
agent of any maintenance or repair problems for which the Association is responsible and access to the
Owner or occupant's Lot as may be necessary to inspect and, if appropriate, to perform any necessary
maintenance or repairs.
Except as expressly assigned to the Association in this section S.lA, or as provided expressly as
a joint maintenance responsibility of adjoining Lot Owners hereunder, all other maintenance and repair
obligations for any residential structure or other improvements within a Lot shall be done by and at the
expense of the Owner of the residence as described in section 7.18.
The responsibility of the Association for maintenance and repair shall not extend to repairs or
replacements arising out of or caused by the willful or negligent act or omission of any Owner, or his
guest, tenant, invitee or pet. Any such repairs or replacements not covered by insurance carried by the
Association shall be made by the responsible Owner, provided the Board approves the person or entity
actually making the repairs and the method of repair. If the responsible Owner fails to take the necessary
steps to make the repairs within a reasonable time under the circumstances, the Association may cause the
repairs to be made and shall impose a Reimbursement Charge upon the responsible Owner, which charge
shall bear interest at the rate of twelve percent (12%) per annum (but no greater than the maximum rate
allowed by law) until paid in full. If such repair is covered by the insurance carried by the Association,
the Association shall be responsible for making the repairs, and the responsible Owner shall pay any
deductible pursuant to the insurance policy. If the Owner fails to make such payment, then the
Association may make such payment and charge the cost thereof as a Reimbursement Charge to the
Responsible Owner, which charge shall bear interest at the rate of twelve percent (12%) per annum (but
no greater than the maximum rate allowed by law) until paid in full. If the Owner disputes the charge,
the Owner shall be entitled to a notice and a hearing as provided in the Bylaws before the charge may be
collected.
B. Inspection and Maintenance Guidelines: The Declarant has provided the
Association and each Owner with the inspection and maintenance guidelines and schedules including
manufacturers' guidelines and schedules for the inspection and maintenance of the improvements within
the Project ("Maintenance Guidelines"). When an Owner transfers a Lot, the Owner shall deliver
complete copies of the Maintenance Guidelines to the transferee of the Lot on or before the date of the
transfer of title. Replacement copies of the Maintenance Guidelines may be obtained from the Declarant
at Declarant's principal place of business. Declarant may charge a reasonable fee for providing
replacement copies of the Maintenance Guidelines. The Board shall comply with the Maintenance
Guidelines for the periodic inspection and maintenance of the Common Area improvements and
landscaping that the Association is required to maintain under this Declaration, and any other
improvements outside of the Common Area, which the Association has the responsibility to maintain. The
Board shall take all appropriate actions to implement and comply with the Maintenance Guidelines. The
Board periodically and at least once every three (3) years shall review and update the Maintenance
Guidelines.
(1) The Association shall cause professional inspections of all infrastructure to be
routinely made. The inspectors shall include, at least, an Architect, a Civil Engineer and a Landscape
Architect. Inspections shall be made at least yearly, and for appropriate items or events, more often.
Inspections will include a review of all repair records since the previous inspection.
01122/04
T:\ WPWIN60\PROJECTSISHELLEY,A VE\DEC
-18-
(2) The inspections shall be reported at the annual membership meeting and in
writing, and shall include recommendations for cleaning, maintenance, repair, replacement, etc. (if any),
as well as opinions of the costs. The reports shall address any noted deterioration which may require
future attention. The reports may also recommend supplemental specialized investigations (i.e., elevator,
termite, pool, mechanical, arborist, limnologist, geologist, structural, etc).
(3) The Association shall keep permanent records of all: (a) Complaints and
potential problems, including description, date and by whom; (b) Reports, including inspections and
recommendations; (c) Repairs, including description, location, date, by whom made and cost; and (d)
Plans, including construction drawings, subsequent modifications, and repair plans.
c. Insurance: The Association shall obtain and maintain such policy or policies of
insurance as are required by section 8.1 of this Declaration.
D. Discharge of Liens: The Association shall discharge by payment, if necessary,
any lien against the Common Area and charge the cost thereof to the Member or Members responsible
for the existence of the lien after notice and hearing as provided in the Bylaws.
E. Assessments: The Association shall fix, levy, collect and enforce Assessments
as set forth in Article N hereof.
F. Payment of Expenses and Taxes: The Association shall pay all expenses and
obligations incurred by the Association in the conduct of its business including, without limitation, all
licenses, taxes or governmental charges levied or imposed against the property of the Association.
G. Enforcement: The Association shall be responsible for the enforcement of this
Declaration.
The Association shall maintain and operate the Common Area of the Project in accordance with
all applicable municipal, state, and federal laws, statutes and ordinances, as the case may be. The
Association shall also, as a separate and distinct responsibility, insure that third parties (including Owners
and their guests) utilize the Common Area in accordance with the aforementioned regulations. The
Association shall, when it becomes aware of any violation of the aforementioned regulations, expeditiously
correct such violations.
5.2 Powers: In addition to the powers enumerated in the Articles and Bylaws, or elsewhere
provided for herein, and without limiting the generality thereof, the Association shall have the following
powers:
A. Utility Service: The Association shall have the authority (but not the obligation)
to obtain, for the benefit of all of the Owners, all water, gas and electric service, cable television service,
communications service, and refuse collection.
01/22/04
T:\WPWlNCiO\PROJECfS\SHEU.EY,A VE\DEC
-18-
B. Easements: The Association shall have authority by document signed by the
President and the Secretary, to grant easements where necessary for roads, utilities, communication
services, cable television, and sewer facilities over the Common Area to serve the Common Areas and
Lots, and/or where necessary to satisfy or achieve appropriate governmental purpose or request.
C. Manager: The Association may employ a manager or other persons and contract
with independent contractors or managing agents to perform all or any part of the duties and
responsibilities of the Association, except for the responsibility to levy fines, impose discipline, hold
hearings, file suit, record or foreclose liens, or make capital expenditures, provided that any contract with
a firm or person appointed as a manager or managing agent shall not exceed a one (1) year term, shall
provide for the right of the Association to terminate the same at the first annual meeting of the Members
of the Association, and to terminate the same without cause or payment of a termination fee on ninety (90)
days' written notice, or for cause on thirty (30) days' written notice.
D. Adoption of Rules: The Association or the Board, by majority vote, may adopt
reasonable Rules not inconsistent with this Declaration relating to the use of the Common Area and all
its facilities, and the conduct of Owners and their tenants and guests with respect to the Project and other
Owners. Written copies of such Rules and any schedule of fines and penalties adopted by the Board shall
be furnished to Owners.
E. Access: For the purpose of performing construction, maintenance or emergency
repair for the benefit of the Common Area or the Owners in common, and/or to perform maintenance
work that a Lot Owner has failed to perform as provided in section 7.18, the Association's agents or
employees shall have the right, after reasonable notice (except in emergencies, not less than twenty-four
(24) hours) to the Owner of the Lot in which maintenance work has not been performed, to enter the Lot
at reasonable hours. Such entry shall be made with as little inconvenience to the Owner as practicable,
and any damage caused by such entry shall be repaired by the Board at the expense of the Association.
F. Assessments and Liens: The Board shall have the power to levy and collect
Assessments in accordance with the provisions of Article IV hereof.
G. Fines and Disciplinary Action: The Board may impose fines or take
disciplinary action against any Owner for failure to pay Assessments or for violation of any provision of
the Project Documents and the Rules. Penalties may include, but are not limited to, fines, temporary
suspension of voting rights, or other appropriate discipline, provided the Member is given notice and a
hearing as provided in the Bylaws before the imposition of any fine or disciplinary action. The Board
shall have the power to adopt a schedule of reasonable fines and penalties for violations of the terms of
this Declaration, and for violations of any Rules adopted pursuant to section 5.2D. The penalties
prescribed may include suspension of all rights and privileges of membership; provided, however, that
suspension for failure to pay Assessments shall be for a maximum period of thirty (30) days, renewable
by the Board for an additional thirty (30) day period or periods until paid; and provided further that
suspension for infraction of Rules or violation of this Declaration, other than for failure to pay
Assessments, shall be limited to a maximum period of thirty (30) days per infraction or violation, and shall
be imposed only after a hearing before the Board. The Board may extend that period for an additional
thirty (30) day period or periods in the case of a continuing infraction or violation, and no hearing need
be held for such extension. Written copies of Rules and the schedule of penalties shall be furnished to
01/22104
T:\WPWIN60\PRWECTS\SHELLEY.A VE\DEC
-19-
Owners. The Board shall levy fines and penalties and shall enforce such Assessments as appropriate under
applicable law.
B. Enforcement: The Board shall have the authority to enforce this Declaration as
per section 9.1 hereof.
I. Acquisition and Disposition of Property: The Board shall have the power to
acquire (by gift, purchase or otherwise), own, hold, improve, build upon, operate, maintain, convey, sell,
lease, transfer, or otherwise dispose of real or personal property in connection with the affairs of the
Association. Any transfer of property shall be by document signed or approved by two-thirds (2/3) of the
total voting power of the Association which shall include two-thirds (2/3) of the Members other than
Declarant, or where the two (2) class voting structure is still in effect, two-thirds (2/3) of the voting power
of each class of Members.
J. Loans: The Board shall have the power to borrow money, and, only with the
assent (by vote or written consent) of two-thirds (2/3) of the total voting power of the Association
including two-thirds (2/3) of the Members other than Declarant, or where the two (2) class voting structure
is still in effect, two-thirds (2/3) of the voting power of each class of Members, to mortgage, pledge, deed
in trust, or hypothecate any or all of its real or personal property as security for money borrowed or debts
incurred.
K. Dedication: The Board shall have the power to dedicate all or any part of the
Common Area to any public agency, authority, or utility for such purposes and subject to such conditions
as may be agreed to by the Members. No such dedication shall be effective unless an instrument has been
signed by two-thirds (2/3) of the Members of the Association including two-thirds (2/3) of the Members
other than Declarant, or where the two (2) class voting structure is still in effect, two-thirds (2/3) of the
Members of each class of Members, agreeing to such dedication.
L. Contracts: The Board shall have the power to contract for goods and/or services
for the Common Area(s), for the Lots, or for the Association, subject to limitations set forth in the
Bylaws, or elsewhere in this Declaration. The Board shall not enter into any contracts with an
independent contractor until it meets the requirements of section 8.1(3) herein.
M. Delegation: The Board, and the officers of the Association shall have the power
to delegate their authority and powers to committees, officers or employees of the Association, or to a
manager employed by the Association, provided that the Board shall not delegate its responsibility:
(1) to make expenditures for capital additions or improvements chargeable against
the reserve funds;
(2) to conduct hearings concerning compliance by an Owner or his or her tenant,
lessee, guest or invitee with the Declaration, Bylaws or Rules promulgated by the Board;
(3) to make a decision to levy monetary fines, levy Reimbursement Charges,
temporarily suspend an Owner's rights as a Member of the Association or otherwise impose discipline;
01/22/04
T:\WPWIN6O\PROJECI'S\SHELLEY.A VE\DEC
-20-
(4) to make a decision to levy Regular Assessments or Special Assessments; or
(5) to make a decision to bring suit, record a claim oflien or institute Foreclosure
proceedings for default in payment of Assessments.
N. Appointment of Trustee: The Board acting on behalf of the Association, has
the power to appoint or designate a trustee to enforce Assessment Liens by sale as provided in section 4.9
and California Civil Code ~ 1367(b).
o. Litigation/Arbitration: The Board, subject to sections 9.10 (enforcement of
common area improvement bond) and 9 .11 (enforcement of assessment bond) and section 9 .13 (alternative
dispute resolution) of this Declaration, shall have the power to institute, defend, settle or intervene in
litigation, arbitration, mediation or administrative proceedings on behalf of the Association pursuant to
Code of Civil Procedure ~ 383. The Board of Directors has authority to enter into a contingent fee
contract with an attorney in a matter involving alleged design or construction defects in the Project, only
as to the facilities or improvements the Association is responsible for maintaining as provided herein, and
then only after getting the vote at a duly noticed and properly held' membership meeting, of a majority
of a quorum of the Members other than Declarant.
If, and to the extent that, there is any inconsistency between this section 5.20 and applicable
provisions of the California Civil Code and/or the California Code of Civil Procedure pertaining to the
commencement of an action by the Association for construction defect litigation, the applicable provisions
of the California statutes shall control.
P. Other Powers: In addition to the powers contained herein, the Board may
exercise the powers granted to a nonprofit mutual benefit corporation under California Corporations Code
~ 7140.
5.3 Commencement of Association's Duties and Powers: Until incorporation of the
Association, all duties and powers of the Association as described in this Declaration, including all rights
of consent and approval, shall be and remain the duties and powers of Declarant. After the date of
incorporation of the Association, the Association shall assume all duties and powers, and Declarant shall
be relieved of any further liability therefor.
ARTICLE VI
ARCffiTECTURAL CONTROL
6.1 Purpose of Architectural Controls: The purpose and intent of this Article is to empower
the Association to preserve property values within the Project. The Board has the ultimate responsibility,
but may delegate that authority to an Architectural Control Committee. The Board and the Architectural
Control Committee shall operate pursuant to the following guidelines:
A. During the period of initial sales, through transition of control from Declarant to the
Members of the Association, the emphasis shall be upon uniformity of appearance, and consistency in
carrying out Declarant's original design and architectural scheme for the Project.
01/22/04
T:\WPWIN60\PROJECTS\SHELLEY,A VE\DEC
-21-
B. Following initial sell-out, the emphasis shall be upon keeping out of the Project what
is considered bizarre, outlandish, or offensive to a reasonably prudent homeowner within the Project. The
objective then becomes to prevent additions, alterations or replacements which are reasonably likely to
be detrimental to the overall ambiance of the Project, and reasonably likely to adversely affect property
values throughout the Project. The restrictions are not intended to empower the Board or the Committee
to act arbitrarily, capriciously, or whimsically in the process of reviewing plans. Standards should be
established which are both reasonable and objective, and which are reasonably ascertainable, and are
uniformly and fairly applied to all, and in all cases. The Board and the Committee shall base their
decisions on what is in the best interests of the Project as a whole, and not upon what will appease a
particular Member or group of Members.
6.2 Requirement for Approval of Plans: No building, fence, wall, pool, spa, obstruction,
outside or exterior wiring, balcony, screen, patio, patio cover, tent, awning, carport, carport cover, trellis,
improvement, or structure of any kind shall be commenced, installed, erected, painted or maintained upon
the Project, nor shall any alteration or improvement of any kind be made thereto, or to the exterior of any
residence, until the same has been approved in writing by the Board, or by an Architectural Control
Committee appointed by the Board. Plans and specifications showing the nature, kind, shape, color, size,
materials and location of such improvements, alterations, etc., shall be submitted to the Board or to the
Architectural Control Committee for approval as to quality of workmanship and design and harmony of
external design with existing structures, and as to location in relation to surrounding structures,
topography, and finish grade elevation. No fence or wall shall be erected, placed or altered on any Lot
nearer to any street than the minimum building set back line. No permission or approval shall be required
to repaint in accordance with Declarant's original color scheme, or to rebuild in accordance with
Declarant's original plans and specifications. No permission or approval shall be required to repaint in
accordance with a color scheme previously approved by the Committee or the Board, or to rebuild in
accordance with plans and specifications previously approved by the Committee or by the Board. Nothing
contained herein shall be construed to limit the right of an Owner to remodel the interior of his residence
or to paint the interior of his residence any color desired.
6.3 Architectural Control Committee Membership: The Architectural Control Committee
shall consist of three (3) members. Declarant may appoint all of the original members of the Committee
and all replacements until the first anniversary of the issuance of the original final Public Report for the
Project. The Declarant reserves to itself the power to appoint a majority of the members to the Committee
until ninety percent (90%) of all the Lots in the Project have been sold or until the fifth anniversary of
the issuance of the final Public Report for the Project, whichever first occurs. After one (1) year from
the date of the issuance of the original Public Report for the Project, the Board shall have the power to
appoint one (1) member to the Architectural Control Committee until ninety percent (90%) of all of the
Lots in the development have been sold or until the fifth anniversary date of the issuance of the final
Public Report, whichever first occurs. Thereafter, the Board shall have the power to appoint all of the
Architectural Control Committee Members. Members appointed to the Architectural Control Committee
need not be Members of the Association. A majority of the Architectural Control Committee may
designate a representative to act for it. In the event of death or resignation of any member of the
Committee, the successor shall be appointed by the person, entity or group which appointed such member
until Declarant no longer has the right to appoint any members to the Committee, and thereafter the Board
shall appoint such a successor. Neither the members of the Committee nor its designated representative
shall be entitled to any compensation for services performed pursuant hereto.
01/22/04
T:\WPWIN60\PROJECI'S\SHELLEY.A VE\DEC
-22-
6.4 Architectural Control Committee Action: In the event the Committee fails to approve
or disapprove plans and specifications in writing within thirty (30) days after the same have been
submitted to it, approval will not be required and the related covenants shall be deemed to have been fully
complied with. Approval of plans by the Committee or the Board shall in no way make the Committee
or its members or the Board or its members responsible for or liable for the improvements built after
approval of the plans, and the Owner whose plans are approved shall defend, indemnify and hold the
Committee, the Board, the Association, and the members thereof, harmless from any and all liability
arising out of such approval.
6.5 Landscaping: No landscaping or other physical improvements or additions shall be made
to any patios or yards or portions of Lots which are visible from the street or from any Common Area
by any Owner until plans and specifications showing the nature, kind, shape, and location of the materials
shall have been submitted to and approved in writing by the Architectural Control Committee, or the
Board.
6.6 Governmental Approval: Before commencement of any alteration or improvements
approved by the Architectural Control Committee, the Owner shall comply with all appropriate
governmental laws and regulations. Approval by the Committee does not satisfy the appropriate approvals
that may be required by any governmental entity with appropriate jurisdiction.
6.7 Structural Integrity: Nothing shall be done in or on any Lot or in or on the Common
Area which will impair the structural integrity of any building.
6.8 Completion of Work; Review of Work: Upon approval of the Committee or Board, the
Owner shall diligently proceed with the commencement and completion of all work so approved by the
Committee in compliance with the approvals granted. The work must be commenced within six months
from the date of approval unless the Committee or Board permits the work to be commenced at a later
time. If the work is not commenced within six months after the approval date, or such later time as the
Committee or Board has granted, then the approval shall be deemed cancelled, and the Owner must
reapply to the Committee or Board before undertaking any such work.
The Committee or Board shall inspect work within sixty days after a notice of completion has
been delivered to the Committee or Board by the Owner. The Committee or Board may also inspect the
work at any time prior to completion as it deems appropriate to determine that the Committee or Board
approval is being followed. The Committee or Board is to inspect the work performed, and determine
whether it was performed and completed in compliance of the approval granted in all material respects.
If at any time during the construction of any work, the Committee or Board finds that the work was not
performed or completed in compliance of the approval granted in all material respects, or if the Committee
or Board finds that the appropriate approval which was required for any work was not obtained, the
Committee or Board shall notify the Owner in writing of the non-compliance. The notice shall specify
in writing the particulars of non-compliance, and shall set forth the requirement of the Owner to remedy
the non-compliance. The Committee or Board shall determine in its reasonable judgement whether an
alteration, modification or improvement complies with the approval as granted in material respects. Minor
changes, deviations or imperfections that do not negatively affect or impact the Project shall not be
considered as non-compliance. The Board shall act under this section 6.8 only if the Board has
undertaken the architectural review functions under this Article.
01/22/04
T:\WPWIN6O\PROJECTS\SHEL.LEY,A VE\DEC
-23-
If the Committee or the Board has determined an Owner has not constructed an improvement in
compliance of the approval granted in all material respects, and if the Owner fails to remedy such non-
compliance in accordance with provisions of the notice of non-compliance, then after expiration of 30 days
from the date of such notification, if the Committee is undertaken the architectural review functions under
this Article, the Committee shall notify the Board, and the Board shall provide Notice and Hearing to
consider the Owner's continuing non-compliance. If the Board is undertaken the architectural review
functions under this Article, the Board shall act after expiration of 30 days from the date of such
notification. At the Hearing, if the Board finds that there is no valid reason for the continuing non-
compliance, the Board shall then require the Owner to remedy the non-compliance as necessary and
appropriate in the determination of the Board as to result in the improvement being rendered as reasonably
in compliance as is appropriate for the overall good and benefit of the Project, or remove the same within
a period of not more than 45 days from the date of the Board's determination. If the Owner does not
comply with the Board's ruling within such period, or within any extension of such period as the Board,
in its discretion may grant, the Board may (1) remove the non-complying improvement, (2) remedy the
non-compliance, (3) institute legal proceedings to enforce compliance or completion.
After ninety percent (90%) of the Lots in the Project have been sold by the Declarant, an Owner
who has submitted an application to the Committee may appeal a decision to deny or conditionally
approve the Owner's application to the Board by written appeal to the Board. The Board shall notify the
appealing Owner in writing of the date set for a hearing regarding the Owner's appeal within ten (10) days
after receipt of the Owner's appeal. The hearing shall be held within thirty (30) days after receipt of the
Owner's appeal by the Board. The Board shall make its determination on the appeal in writing delivered
to the appealing Owner within ten (10) days after the hearing. The determination of the Board shall be
final.
ARTICLE vn
USE RESTRICTIONS
In addition to all of the covenants contained in this Declaration, the use of the Project and each
Lot in the Project is subject to the following:
7.1 Use of Lot: No Lot shall be occupied and used except for residential purposes by the
Owners, their tenants, and social guests, except that Declarant, its successors or assigns, may use the
Project for a model homesite or sites, and display and sales/construction office during construction until
the last Lot is sold by Declarant or, where Declarant elects to retain one (1) or more Lots as an
investment, until three (3) years from the date of issuance of the public report, whichever occurs first.
A Lot may be used as a combined residence and executive or professional office by the Owner or
occupant thereof, so long as such use does not interfere with the quiet enjoyment by other Lot Owners
of their Lots and does not include visiting clients, or advertising signs, and such use is not visible from
the Common Area, adjoining Lots or streets of the Project. No tent, shack, trailer, basement, garage,
outbuilding or structure of a temporary character shall be used on any Lot at any time as a residence,
either temporarily or permanently.
No health care facilities operating as a business or charity shall be permitted in the Project, unless
permitted by law or ordinance which preempts this restriction.
01/22/04
T:\WPWIN6O\PROJECfS\SHELLEY,A VElDEC
-24-
No family day care center shall be permitted within the Project except as specifically authorized
by California Health and Safety Code ~1597.40 and other applicable state statutes. The owner/operator
of any such day care facility shall comply with all local and state laws regarding the licensing and
operating of a day care center and, in addition, shall:
A. Name the Association as an additional insured on the liability insurance policy or
bond carried by the owner/operator of the day care center;
B. Defend, indemnify and hold the Association harmless from any liability arising
out of the existence and operation of the day care center;
c.
Abide by and comply with all of the Association's Rilles;
D.
within the project;
Supervise and be completely responsible for children at all times while they are
E. Cooperate with the Association if the Association's insurance agent or carrier
requires proof of insurance, proof of the agreement of the owner or operator of the center to these
conditions, or other reasonable requests.
No Lot or Lots or any portion thereof in the Project shall be leased, subleased, occupied, rented,
let, sublet, or used for or in connection with any time sharing agreement, plan, program or arrangement,
including, without limitation, any so-called "vacation license," "travel club," "extended vacation," or other
membership or time interval ownership arrangement. The term "time sharing" as used herein shall be
deemed to include, but shall not be limited to, any agreement, plan, program, or arrangement under which
the right to use, occupy, or possess the Lot or Lots or any portion thereof or residence thereon in the
Project rotates among various persons, either corporate, partnership, individual, or otherwise, on a
periodically recurring basis for value exchanged, whether monetary or like kind use privileges, according
to a fixed or floating interval or period of time. This section shall not be construed to limit the personal
use of any Lot or any portion thereof in the Project by any Owner or his social or familial guests.
7.2 Nuisances: No noxious, illegal, or seriously offensive (to a reasonable person) activities
shall be carried on within any Lot, or any part of the Project, nor shall anything be done thereon that may
be or may become a serious annoyance or a nuisance to or which may in any way interfere with the quiet
enjoyment of each of the Owners of his respective Lot.
7.3 Vehicle Restrictions and Towing: Except as otherwise permitted in this section 7.3, only
Permitted Vehicles shall be parked, stored or operated within the Project.
A. Permitted Vehicles shall mean appropriately licensed passenger automobiles, sports
utility vehicles, motorcycles, and trucks having carrying capacity of Y2 ton or less, vans having seating
capacity of eight (8) persons or less. Owners and their tenants and invitees shall park their Permitted
Vehicles only in the garages or parking space appurtenant to or assigned to their Lot. Vehicles that are
not Permitted Vehicles shall not be parked or stored in the Project. Except for commercial vehicles or
construction equipment that are providing services to a Lot or the Association (but only during the period
of time in which such services are being provided and subject to the Rules), Permitted Vehicles shall not
01/22/04
T:\WPWIN6O\PROJECTS\SHELLEY.A VE\DEC
-25-
include any commercial vehicle, construction equipment, trailer, camper, mobile home, recreational
vehicle, truck having carrying capacity of greater than Yz ton, van having seating capacity in excess of
eight (8) persons or any vehicle which is too large to fit within the Owner's garage, inoperable vehicles,
boats or similar equipment. Vehicles that are otherwise Permitted Vehicles that are used both for business
and personal use are not prohibited, provided that any signs or markings of a commercial nature on such
vehicles shall be unobtrusive and inoffensive as determined by the Board. No excessively noisy or smoky
vehicles shall be operated on the Project. No Owner or other occupant of any Lot shall park more than
two (2) Permitted Vehicles within the Project at anyone time.
B. No parking shall be permitted within the Private Streets of the Project, except in
parking areas designated by the Board as guest parking areas. The two parking spaces located between
Lots 3 and 4 are reserved for guests of the Owners of Lots 4 and 5. All such guest parking areas shall
be used in accordance with the Rules of the Association. There shall be no parking of vehicles on the
driveway or apron providing access to a garage.
C. The Association may install a sign at each vehicular entrance to the Project
containing a statement that public parking is prohibited and that all vehicles not authorized to park on the
Project will be removed at the owner's expense. The sign shall contain the telephone number of the local
traffic law enforcement agency and shall not be less than 17 x 22 inches in size with lettering not less than
one (1) inch in height.
D. The Association may cause the removal of any vehicle wrongfully parked on the
Project, including a vehicle owned by an occupant of a Lot. If the identity of the registered owner of the
vehicle is mown or readily ascertainable, the President of the Association or his designee shall, within
a reasonable time thereafter, notify the owner of the removal in writing by personal delivery or first- class
mail. In addition, notice of the removal shall be given to the local traffic law enforcement agency
immediately after the vehicle has been removed. The notice shall include a description of the vehicle, the
license plate number and the address from where the vehicle was removed. If the identity of the owner
is not mown or readily ascertainable and the vehicle has not been returned to the owner within one
hundred twenty (120) hours after its removal, the Association immediately shall send or cause to be sent
a written report of the removal by mail to the California Department of Justice in Sacramento, California
and shall file a copy of the notice with the proprietor of the public garage in which the vehicle is stored.
The report shall be made on a form furnished by the Department of Justice and shall include a complete
description of the vehicle, the date, time and place from which the vehicle was removed, the amount of
mileage on the vehicle at the time of removal, the grounds for removal and the name of the garage or
place where the vehicle is stored. Notwithstanding the foregoing, the Association may cause the removal,
without notice, of any vehicle parked in a marked fire lane, within fifteen (15) feet of a fire hydrant, in
a parking space designated for handicapped without proper authority or in a manner which interferes with
any entrance to, or exit from, the Project or any Lot, parking space or garage located thereon. The
Association shall not be liable for any damages incurred by the vehicle owner because of the removal in
compliance with this section or for any damage to the vehicle caused by the removal, unless such damage
resulted from the intentional or negligent act of the Association or any person causing the removal of or
removing the vehicle. If requested by the owner of the vehicle, the Association shall state the grounds
for the removal of the vehicle.
01/22/04
T:\WPWIN6O\PROJECTS\SHELLEY,A VE\DEC
-26-
E. Garage space shall not be converted into any use (such as a recreational room or
storage room) that would prevent its use as parking space for the number of vehicles the space was
designed to contain. Owners are to use their assigned parking spaces for parking of their vehicles so that
unassigned Common Area parking will be available for guest parking. The Association may establish
Rules from time to time for the parking of vehicles in the Common Areas.
The provisions of this section 7.3 are intended to comply with Vehicle Code section 22658.2 in
effect as of January 1, 2004. If this Vehicle Code section is amended, this provision automatically shall
be amended in the same manner. If this section is repealed and no successor section is enacted, this
provision shall remain in full force and effect. Vehicle Code section 22658.2 may have been amended
by the State Legislature since this Declaration was recorded, and the Board should confirm the current
statutory requirements.
7.4 Commercial Activity: No business, professional, or commercial activity of any kind shall
be conducted on any Lot except as provided in section 7.1.
7.5 Storage in Common Area: Nothing shall be stored in the Common Area without the
prior consent of the Board.
7.6 Signs: No signs shall be displayed to the public view on any Lot or on any other portion
of the Project except non-commercial signs may be displayed within a Lot that are approved by the Board
or a committee appointed by the Board, that conform to the Rules regarding signs that comply with the
requirements of State law or that conform to the requirements of State law, and applicable local
ordinances. "For Sale" or "For Rent" or "For Exchange" signs shall be allowed to be displayed within
areas of the Project that are designated in the Rules regarding such signs that comply with the
requirements of State law or conform to the requirements of State law, and applicable local ordinances,
provided the design, dimensions and locations are reasonable. An Owner or his or her agent may display
one (1) such For Sale or For Rent or For Exchange sign within his or her Lot and one sign in the
Common Area advertising directions to the Owner's Lot which is for sale, rent, or exchange, provided
the design, dimensions and locations are reasonable and comply with the Rules regarding signs that
comply with the requirements of State law, and applicable local ordinances.
7.7 Garbage and Refuse Disposal: All rubbish, trash and garbage shall be regularly removed
from the Lots, and shall not be allowed to accumulate thereon. Trash, garbage and other waste shall only
be kept in sanitary containers. All equipment for the storage or disposal of such materials shall be kept
in a clean and sanitary condition, and shall be screened from view of neighboring Lots, Common Areas
and streets. No toxic or hazardous materials shall be disposed of within the Project by dumping in the
garbage containers or down the drains, or otherwise. Each Owner shall be responsible for removal of
garbage from his Lot.
7.8 Radio and Television Antennas: No outside television antenna, microwave or satellite
dish, aerial, or other such device (collectively "Antennas") with a diameter or diagonal measurement in
excess of one (1) meter shall be erected, constructed or placed on any Common Area or Lot. Antennas
with a diameter or diagonal measurement of one (1) meter or less may be installed only if they conform
to the Rules and any Architectural Committee Standards and, if then required by the Architectural
Committee Standards, any necessary approval is obtained in accordance with the provisions of section 6.2.
01/22/04
T:\WPWIN6O\PROJECfS\SHELLEY,A VE\DEC
-27-
Reasonable restrictions which do not significantly increase the cost of the Antenna system or significantly
decrease its efficiency or performance may be imposed. The Architectural Review Committee shall, in
acting upon requests for approval of a satellite dish or other signal reception or transmission devices
comply with California Civil Code ~1376 and FCC [Federal Communications Commission] regulations.
7.9 Basketball Standards and Sports Apparatus: No basketball standard or fixed sports
apparatus shall be attached to the exterior surface of any residence or garage nor shall any portable
apparatus for basketball be permitted on any Lot. The purpose of this restriction is to maintain uniformly
high aesthetic standards, and to preserve the quiet enjoyment of the respective Lots by the Owners thereof.
7.10 Window Coverings: All drapes, curtains, shutters, blinds or other window coverings
visible from the street or Common Areas shall be beige, white, or off-white in color or lined in beige,
white, or off-white, or as the case may be, of colors, materials and patterns which are approved by the
Board or the Architectural Control Committee.
7.11 Clothes Lines: No exterior clothes lines shall be erected or maintained, and there shall
be no outside laundering or drying of clothes. No draping of towels, carpets, or laundry over exterior
railings shall be allowed.
7.12 Power Equipment and Motor Vehicle Maintenance: No power equipment, hobby
shops, or car maintenance (other than emergency work), or boat maintenance shall be permitted on the
Project except with prior written approval of the Board. Approval shall not be unreasonably withheld and,
in deciding whether to grant approval, the Board shall consider the effects of noise, air pollution, dirt or
grease, ftre hazard, interference with radio or television reception, and similar objections. All hazardous
waste shall be disposed of properly by each Owner.
7.13 Liability of Owners for Damage to Common Area: The Owner of each Lot shall be
liable to the Association for all damage to the Common Area improvements (including landscaping)
caused by such Owner or the Owner's agents, occupants, invitees, or pets, except for that portion of
damage covered by insurance carried by the Association. The responsible Owner shall be charged with
the cost of repairing such damage (including interest thereon) as described in section 5.1A.
7.14 Right to Lease:
A. Any Owner who wishes to lease his Lot must meet each of the following
requirements, and the lease will be subject to these requirements whether they are included within the
lease or not:
(1) all leases must be in writing;
(2) the lease must be for the entire Lot and not merely parts of the Lot, unless
the Owner remains in occupancy;
(3) all leases shall be subject in all respects to provisions of the Declaration, the
Bylaws, and all Rules adopted by the Board;
01/22/04
T:\WPWIN6O\PROJECfS\SHELLEY.A VE\DEC
-28-
(4) all Owners who lease their Lots shall promptly notify the Secretary of the
Association in writing of the names of all tenants and members of tenants' family occupying such Lots
and shall provide the Secretary of the Association with a complete copy of the lease. All Owners leasing
their Lot shall promptly notify the Secretary of the Association of the address and telephone number where
such Owner can be reached;
(5) no Owner shall lease his Lot for a period of less than thirty (30) days.
B. Any failure of a tenant to comply with the Declaration, Bylaws, and Association
Rules, shall be a default under the lease, regardless of whether the lease so provides. In the event of any
such default, the Owner immediately shall take all actions to cure the default including, if necessary,
eviction of the tenant;
C. If any tenant is in violation of the provisions of the Declaration, Bylaws, or Rules
of the Association, the Association may bring an action in its own name and/or in the name of the Owner
to have the tenant evicted and/or to recover damages. If the court finds that the tenant is violating, or has
violated any of the provisions of the Declaration, the Bylaws of the Association, or the Rules of the
Association, the court may find the tenant guilty of unlawful detainer notwithstanding the fact that the
Owner is not the plaintiff in the action and/or the tenant is not otherwise in violation of tenant's lease.
For purposes of granting an unlawful detainer against the tenant, the court may assume that the Owner
or person in whose name a contract (the lease or rental agreement) was made was acting for the benefit
of the Association. The remedy provided by this subsection is not exclusive and is in addition to any
other remedy or remedies which the Association has. If permitted by present or future law, the
Association may recover all its costs, including court costs and reasonable attorneys' fees incurred in
prosecuting the unlawful detainer action.
D. The Association shall give the tenant and the Owner notice in writing ofthe nature
of the violation of the Declaration and/or Rules, and twenty (20) days from the mailing of the notice in
which to cure the violation before the Association may file for eviction.
E. Each Owner shall provide a copy of the Declaration, Bylaws and all Rules of the
Association to each tenant of his or her Lot. By becoming a tenant, each tenant agrees to be bound by
the Declaration, the Bylaws and the Rules of the Assqciation, and recognizes and accepts the right and
power of the Association to evict a tenant for any viola!tion by the tenant of the Declaration, the Bylaws,
and Rules of the Association.
7.15 Commonly Metered Utilities: The Board may establish restrictions regarding the
individual use of any utility on a common meter, and ~ay impose reasonable charges for the individual
use thereof.
7.16 Flags, Pennants, Banners, Etc.: Thete shall be no exhibiting, flying or hanging of any
flags, pennants, banners, kites, towels, etc., from any!area of the Project (except the Declarant's sales
office) that would be visible from the street, Common Area, or the other Lots, except in conformance with
Rules adopted by the Board or the Architectural Controll Committee, and for flags, banners and signs that
are expressly permitted by statute. The Association may adopt Rules regarding the display of flags,
banners and signs provided that such Rules shall be consistent with the then applicable laws.
01/22/04
T:\WPWIN60\PROJECI'S\SHELLEY,A VE\DEC
-29-
7.17 Activities Causing Increase in Insurance Rates: Nothing shall be done or kept on any
Lot or in any improvements constructed in any Lot, or in the Common Area, which will increase any
applicable rate of insurance or which will result in thel cancellation of insurance on any Lot or any part
of the Common Area, or which would be in violation bf any law.
7.18 Owner's Right and Obligation to Maintain and Repair: Except for those portions of
the Project which the Association is required to maintain and repair, each Owner shall, at his sole cost and
expense, maintain and repair his Lot and all landscaping thereon, keeping the same in good condition.
In addition, each Owner shall have the improvements on the Owner's Lot periodically inspected for
termites and immediately shall take appropriate corrective measures thereof.
In order to reduce the presence of mold, fungi, spores, pollens and other botanical substances, or
other allergens (collectively "Mold") within the Lot, the Owners shall inspect the interior of their dwellings
not less frequently than once each quarter to check for water leaks or other breaches of the watertight
integrity of the improvements, and for the presence of Mold. If any water leaks and/or Mold are detected
within the Lot, the Owner shall immediately take appropriate corrective steps to repair the leak, and/or
remove the Mold and to maintain proper ventilation within enclosed areas, and to maintain humidity levels
to reduce the risk of Mold growth, and take such other prudent steps as may be appropriate to prevent
Mold growth, or eliminate any existing Mold.
Each Owner shall maintain the improvements within his or her Lot in accordance with the
Maintenance Guidelines established by the Declarant. A copy of the Maintenance Guidelines shall be
delivered by Declarant to each Owner when the Lot is sold to the Owner. Each Owner shall retain the
Maintenance Guidelines and take all appropriate actions to comply with and implement the Maintenance
Guidelines. When an Owner transfers a Lot, the Owner shall deliver a complete copy of the Maintenance
Guidelines to the transferee of the Lot on or before the date the Lot is transferred.
In the event an Owner of any Lot shall fail to maintain his Lot and the improvements thereon as
required herein, the Association's agents may, after notice and a hearing as provided in the Bylaws, enter
the Lot and perform the necessary maintenance. The cost of such maintenance shall immediately be paid
to the Association by the Owner of such Lot as a Reimbursement Charge, together with interest at the rate
of twelve percent (12%) per annum (but not to exceed the maximum interest rate authorized by law) from
the date the cost was incurred by the Association until the date the cost is paid by the Owner.
ARTICLE VIll
INSURANCE; DAMAGE OR DESTRUCTION; CONDEMNATION
8.1 Insurance: The Association shall obtain and maintain the following insurance:
(1) a hazard policy insuring all improvements, equipment, and fixtures owned by
the Association, unless the Board determines, in its sole discretion, that such insurance is not necessary.
01/22/04
T:\WPWIN60IPROJECTS\SHELLEY.A VElDEC
-30-
E. Separate Insurance. Each Owner shall obtain and maintain, at the Owner's sole
expense, fIre and casualty coverage as may be required by any mortgagee of the Lot and in no event less
than the amount and type of fIre and casualty insurance required to be obtained and maintained as
determined by the Board, and with respect to amount, the coverage shall be for one hundred
percent (100%) of current replacement cost of all improvements on his Lot. All such individually carried
insurance shall contain a waiver of subrogation by the carrier as to the other Owners, the Association,
Declarant, and the mortgagees of such Lot.
F. Copies of Policies; Notice to Members. The Association shall make available
to all Members a copy of the Association's policy to enable Members to insure their Lots without
duplicating insurance carried by the Association and inadvertently triggering a co-insurance clause in the
Association's policy referred to in section 8.1 (1). The Association shall distribute annually to the
Members a summary of the Association's insurance policies as required by Civil Code section 1365(e)
and as provided in the Bylaws. The Association, as soon as reasonably practical, shall notify its Members
by frrst-class mail if any of the policies have been cancelled and not immediately renewed or restored or
if there is a signifIcant change such as a reduction in coverage or limits or an increase in the deductible
for any policy. If the Association receives any notice of non-renewal of a policy, the Association
immediately shall notify its Members if replacement coverage will not be in effect by the date the existing
coverage will lapse.
To the extent that the information required to be disclosed, as described in Civil Code ~1365(e),
is specifIed in the insurance policy declaration page, the Association may meet its disclosure obligations
by making copies of that page and distributing copies to all its Members.
G. Limitation on Liability. The Association, and its directors and officers, shall
have no liability to any Owner or Mortgagee if, after a good faith effort, it is unable to obtain the
insurance required hereunder, because the insurance is no longer available or, if available, can be obtained
only at a cost that the Board in its sole discretion determines is unreasonable under the circumstances, or
the Members fail to approve any Assessment increase needed to fund the insurance premiums. In such
event, the Board immediately shall notify each Member and any Mortgagee entitled to notice that the
insurance will not be obtained or renewed.
H. Policies and Procedures Regarding the Filing and Processing of Claims: The
Board shall adopt policies and procedures regarding the fIling and processing of claims for damage and
destruction of Common Area improvements or any other matters covered by insurance maintained by the
Association.
8.2 Damage or Destruction: If any improvements or landscaping on any Lot other than
a Common Area lot are damaged or destroyed by fire or other casualty, the Owner of such Lot shall repair
or reconstruct the improvement in accordance with the original as-built plans and specifications, modified
as may be required by applicable building codes and regulations in force at the time of such repair or
reconstruction or as authorized by the Architectural Control Committee.
If Common Area improvements are damaged or destroyed by fire or other casualty, the
improvements shall be repaired or reconstructed substantially in accordance with the original as-built plans
and specifications, modified as may be required by applicable building codes and regulations in force at
01/22/04
T:\WPWIN60\PROJECTS\SHELLEY.A VE\DEC
-32-
the time of such repair or reconstruction and subject to such alterations or upgrades as may be approved
by the Architectural Control Committee, unless either of the following occurs: (1) the cost of repair or
reconstruction is more th~ fifty percent (50%) of the current replacement costs of all Common Area
improvements, available insurance proceeds are not sufficient to pay for at least eighty-five percent (85%)
of the cost of such repairs or reconstruction, and three-fourths (3/4) of the total voting power of the
Association residing in Members and their First Lenders vote against such repair and reconstruction; or
(2) available insurance proceeds are not sufficient to substantially repair or reconstruct the improvements
within a reasonable time as determined by the Board, a Special Assessment levied to supplement the
insurance fails to receive the requisite approval (if such approval is required) as provided in section 4.4,
and the Board, without the requirement of approval by the Owners, is unable to supplement the insurance
by borrowing on behalf of the Association sufficient monies to enable the improvements to be
substantially repaired or reconstructed within a reasonable time.
In the case of damage or destruction of an individual home, whether by fire, earthquake or other
causes, the Owner(s) of that Lot and home are responsible for the cost of reconstruction that is not
covered by insurance or is within the deductible amount. If an Owner fails to pay the cost of
reconstruction, the Association may elect to pay for the uninsured portion of the cost and shall have the
right to assess the Owner(s) for the cost thereof and to enforce the Assessment as provided in this
Declaration. In any case where insurance proceeds are pre-empted by any Owner's lender for application
to said Owner's debt, the Association shall immediately impose an individual Assessment upon said
Owner's Lot equal in amount to such preemption pursuant to section 4.3, and shall enforce such
Assessment in accordance with sections 4.3 and 5.2F hereof. The Proceeds of such Assessment or lien
shall then be substituted for the pre-empted insurance proceeds.
A. Process For Repair or Reconstruction: If the improvement is to be repaired or
reconstructed and the cost for repair or reconstruction is in excess of twenty-five percent (25%) of the
current replace'ment cost of all the Common Area improvements, the Board shall designate a construction
consultant, a general contractor, and an architect for the repair or reconstruction. All insurance proceeds,
Association monies allocated for the repair or reconstruction, and any borrowings by the Association for
the repair or reconstruction shall be deposited with a commercial lending institution experienced in the
disbursement of construction loan funds (the "depository") as selected by the Board. Funds shall be
disbursed in accordance with the normal construction loan practices of the depository that require as a
minimum that the construction consultant, general contractor and architect certify within ten (10) days
prior to any disbursement substantially the following:
(1) that all of the work completed as of the date of such request for disbursement
has been done in compliance with the approved plans and specifications;
(2) that such disbursement request represents monies which either have been paid
by or on behalf of the construction consultant, the general contractor or the architect andlor are justly due
to contractors, subcontractors, materialmen, engineers, or other persons (whose name and address shall
be stated) who have rendered or furnished certain services or materials for the work and giving a brief
description of such services and materials and the principal subdivisions or categories thereof and the
respective amounts paid or due to each of those persons in respect of such services and stating the
progress of the work up to the date of the certificate;
01/22/04
T:\WPWIN60\PROJECTSISHELLEY.A VElDEC
-33-
(3) that the sum then requested to be disbursed plus all sums previously disbursed
does not exceed the cost of the work insofar as actually accomplished up to the date of such certificate;
(4) that no part of the cost of the services and materials described in the foregoing
paragraph 8.2A(I) has been or is being made the basis for the disbursement of any funds in any previous
or then pending application; and
(5) that the amount held by the depository, after payment of the amount requested
in the pending disbursement request, will be sufficient to pay in full the costs necessary to complete the
repair or reconstruction.
If the cost of repair or reconstruction is less than twenty-five percent (25%) of the current
replacement cost of all the Common Area improvements, the Board shall disburse the available funds for
the repair and reconstruction under such procedures as the Board deems appropriate under the
circumstances.
The repair or reconstruction shall commence as soon as reasonably practicable after the date of
such damage or destruction and shall be completed as quickly as is reasonably practicable after
commencement of reconstruction, subject to delays that are beyond the control of the party responsible
for making the repairs. The Owner of the damaged or destroyed improvement immediately shall take such
steps as may be reasonably necessary to secure any hazardous condition and to screen any unsightly views
resulting from the damage or destruction.
In the event the work required to maintain or to repair or restore damage or destruction involves
work that is the responsibility of Owner and the Association as provided in sections 7.18 and 5.IA, then
all of such work shall be directed by the Board, with the expense to be allocated between Owner and the
Association pursuant to sections 7.18 and 5.1A. If more than one Owner is involved, the expense to be
paid by each Owner shall be apportioned by the Board. If the Association is involved in a dispute over
the apportionment of such expenses, then the dispute shall be settled by arbitration pursuant to any
appropriate alternative dispute process.
If the Association undertakes any work which section 7.18 requires an Owner to undertake, or any
work which the Association is required to undertake at the expense of the Owner, the Board shall assess
the Lot of the Owner for such work and shall so inform the Owner thereof in writing; provided, however,
that the Assessment shall be reduced by the amount of any insurance proceeds paid to the Association as
a result of damage to or destruction of the residence or the Lot involved. Such Assessment shall be a lien
upon the Lot of the Owner and may be foreclosed, as set forth in section 4.10.
B. Process If Repair or Reconstruction Not Undertaken: If the Common Area
improvement is not required to be repaired or reconstructed in accordance with the foregoing, all available
insurance proceeds shall be disbursed among the Owners of the damaged Lots and their respective
Mortgagees in the same proportion that the Owners are assessed, subject to the rights of the Owners'
Mortgagees, after first applying the proceeds to the cost of mitigating hazardous conditions on the Project,
making provision for the continuance of public liability insurance to protect the interests of the Owners
until the property can be sold, and complying with all other applicable requirements of governmental
agencIes.
01/22/04
T:\WPWlN60\PROJECTS\SHELLEY.A VE\DEC
-34-
8.3 Condemnation: If all or any part of a Lot (except the Common Area) is taken by
eminent domain, the award shall be disbursed to the Owner of the Lot, subject to the rights of the Owner's
Mortgagees. If the taking renders the Lot uninhabitable, the Owner shall be divested of any further
interest in the Project, including membership in the Association, and the interest of the remaining Owners
shall be adjusted accordingly. If all or any part of the Common Area is taken by eminent domain, the
proceeds of condemnation shall be used to restore or replace the portion of the Common Area affected
by condemnation, if restoration or replacement is possible, and any remaining funds, after payment of any
and all fees and expenses incurred by the Association relating to such condemnation, shall be distributed
among the Owners in the same proportion as such Owners are assessed, subject to the rights of
Mortgagees. If necessary, the remaining portion of the Project shall be resurveyed to reflect such taking.
The Association shall participate in the negotiations, and shall propose the method of division of the
proceeds of condemnation, where Lots are not valued separately by the condemning authority by the court.
The Association shall represent the Owners in any condemnation proceedings or in negotiations,
settlements and agreements with the condemning authority for acquisition of the Common Area, or part
of the Common Area(s).
ARTICLE IX
GENERAL PROVISIONS
9.1 Enforcement: The Association, or any Owner, shall have the right to enforce, by any
proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens, and charges now
or hereafter imposed by the provisions of this Declaration, the Articles and the Bylaws, and in such action
shall be entitled to recover reasonable attorneys' fees as are ordered by the Court. Failure by the
Association or by any Owner to enforce any covenant or restriction contained in this Declaration shall in
no event be deemed a waiver of the right to do so thereafter.
9.2 Invalidity of Any Provision: Should any provision or portion of this Declaration be
declared invalid or in conflict with any law of the jurisdiction where this Project is situated, the validity
of all other provisions and portions hereof shall remain unaffected and in full force and effect.
9.3 Term: The covenants and restrictions of this Declaration shall run with and bind the
Project, and shall inure to the benefit of and shall be enforceable by the Association or the Owner of any
property subject to this Declaration, their respective legal representatives, heirs, successors and assigns,
for a term of thirty (30) years from the date this Declaration is recorded, after which time they shall be
automatically extended for successive periods of ten (10) years, unless an instrument in writing, signed
by a majority of the then Owners of the Lots, has been recorded within the year preceding the beginning
of each successive period of ten (10) years, agreeing to change said covenants and restrictions in whole
or in part, or to terminate the same.
9.4 Amendments: Prior to close of escrow on the sale of the first Lot, Declarant may amend
this Declaration. After sale of the first Lot, this Declaration may be amended only by the affirmative vote
(in person or by proxy) or written consent of Members representing a majority of the total voting power
of the Association, and a majority of the affirmative votes or written consent of Members other than the
Declarant, or where the two (2) class voting structure is still in effect, a majority of each class of
membership. However, the percentage of voting power necessary to amend a specific clause shall not be
less than the prescribed percentage of affirmative votes required for action to be taken under that clause.
01/22/04
T:\WPWIN6O\PROJECTS\SHELLEY,A VE\DEC
-35-
Any amendment must be certified in a writing executed and acknowledged by the President or Vice
President of the Association and recorded in the Recorder's Office of the County of Santa Clara. No
amendment shall adversely affect the rights of the holder of any Mortgage of record prior to the
recordation of such amendment.
9.4.1. Amendments Rel!:ardinl!: Initiation of Construction Defect Claims: Notwithstanding
anything to the contrary contained in this Declaration, this section 9.4.1 and section 9.13 of this
Declaration shall not be amended without the vote or approval by written ballot of at least (a) ninety
percent (90%) of the voting power of the Members of the Association other than Declarant, and (b) at
least ninety percent (90%) of the First Lenders.
9.5 Rights of First Lenders: No breach of any of the covenants, conditions and restrictions
contained in this Declaration, nor the enforcement of any of its lien provisions, shall render invalid the
lien of any First Lender on any Lot made in good faith and for value, but all of those covenants,
conditions and restrictions shall be binding upon and effective against any Owner whose title is derived
through Foreclosure or trustee's sale, or otherwise. Notwithstanding any provision in this Declaration to
the contrary, First Lenders shall have the following rights:
A. Copies of Project Documents: The Association shall make available to Owners
and First Lenders, and to holders, insurers or guarantors of any First Mortgage, current copies of the
Declaration, Bylaws, Articles or other Rules concerning the Project and the books, records and financial
statements of the Association. "Available" means available for inspection and copying, upon request,
during normal business hours or under other reasonable circumstances. The Board may impose a fee for
providing the foregoing which may not exceed the reasonable cost to prepare and reproduce them.
B. Audited Statement: Any holder of a First Mortgage shall be entitled, upon
written request, to have an audited financial statement for the immediately preceding fiscal year prepared
at its expense if one is not otherwise .available. Such statement shall be furnished within one hundred
twenty (120) days of the Association's fiscal year-end.
C. Notice of Action: Upon written request to the Association, identifying the name
and address of the Eligible Mortgage Holder or Eligible Insurer or Guarantor, and the Lot number or
address, such Eligible Mortgage Holder or Eligible Insurer or Guarantor will be entitled to timely written
notice of:
(1) any condemnation loss or any casualty loss which affects a material portion
of the Project or any Lot on which there is a First Mortgage held, insured, or guaranteed by such Eligible
Mortgage Holder or Eligible Insurer or Guarantor, as applicable;
(2) any default in performance of obligations under the Project Documents or
delinquency in the payment of Assessments or charges owed by an Owner of a Lot subject to a First
Mortgage held, insured or guaranteed by such Eligible Mortgage Holder or Eligible Insurer or Guarantor,
which remains uncured for a period of sixty (60) days;
(3) any lapse, cancellation or material modification of any insurance policy or
fidelity bond maintained by the Association;
01/22/04
T:\WPWIN6OIPROJECI'SISHELLEY.A VElDEC
-36-
(4) any proposed action which would require the consent of a specified percentage
of Eligible Mortgage Holders as specified in section 9.5D.
The Association shall discharge its obligation to notify Eligible Mortgage Holders or Eligible
Insurers or Guarantors by sending written notices required herein to such parties, at the address given on
the current request for notice, in the manner prescribed by section 9.9.
D. Consent to Action:
(1) Except as provided by statute or by other provision of the Project Documents
in case of substantial destruction or condemnation of the Project, and further excepting any reallocation
of interests in the Common Area(s) which might occur pursuant to any plan of expansion or phased
development contained in the original Project Documents:
(a) the consent of Owners of Lots to which at least sixty-seven percent
(67%) of the votes in the Association are allocated and the approval of Eligible Mortgage Holders holding
Mortgages on Lots which have at least fifty-one percent (51%) of the votes of Lots subject to Eligible
Mortgages, shall be required to terminate the legal status of the Project as a planned unit development
project;
(b) the consent of Owners of Lots to which at least sixty-seven percent
(67%) of the votes in the Association are allocated and the approval of Eligible Mortgage Holders holding
Mortgages on Lots which have at least fifty-one percent (51%) of the votes of the Lots subject to Eligible
Mortgages, shall be required to add or amend any material provisions of the Project Documents which
establish, provide for, govern or regulate any of the following: (i) voting rights; (ii) increases in
Assessments that raise the previously assessed amount by more than twenty-five percent (25%),
AssessmentLiens, or the priority of Assessment Liens; (iii) reductions in reserves for maintenance, repair,
and replacement of Common Areas; (iv) responsibility for maintenance and repairs; (v) reallocation of
interests in the general or Restricted Common Areas, or rights to their use; (vi) convertibility of Lots into
Common Areas or vice versa; (vii) expansion or contraction of the Project, or the addition, annexation,
or withdrawal of property to or from the Project; (viii) hazard or fidelity insurance requirements;
(ix) imposition or any restrictions on the leasing of Lots; (x) imposition of any restrictions on an Owner's
right to sell or transfer his or her Lot; (xi) restoration or repair of the Project (after damage or partial
condemnation) in a manner other than that specified in the Project Documents; or (xii) any provisions
that expressly benefit Eligibl~ Mortgage Holders, insurers, or guarantors;
(c) an Eligible Mortgage Holder who receives a written request to approve
additions or amendments without delivering or posting to the requesting party a negative response within
thirty (30) days after the notice of the proposed addition of amendment shall be deemed to have approved
such request, provided the notice has been delivered to the Eligible Mortgage Holder by certified or
registered mail, return receipt requested.
(2) unless the holder(s) of at least two-thirds (2/3) of the First Mortgages (based
upon one (1) vote for each First Mortgage or deed of trust owned), or two-thirds (2/3) of the Owners
(other than Declarant) of the individual Lots in the Project have given their prior written approval, the
Association and/or the Owners shall not be entitled to:
01/22104
T:\WPWIN6O\PROJECTS\SHELLEY.A VElDEC
-37-
(a) by act or omission, seek to abandon or terminate the Project, or abandon,
partition, subdivide, encumber, sell or transfer the Common Area or property owned directly or indirectly
by the Association (the granting of easements for public utilities or for other public purposes consistent
with the intended use of such property shall not be deemed a transfer within the meaning of this clause)
except for abandonment or termination provided by law in the case of substantial destruction by fire or
other casualty, or in the case of a taking by condemnation or eminent domain; or
(b) change the method of determining the obligations, Assessments or dues
or other charges which may be levied against an Owner; or
(c) by act or omission, change, waive or abandon any scheme of regulations,
or enforcement thereof, pertaining to the architectural design or the exterior appearance of Lots, the
exterior maintenance of Lots, the maintenance of the Common Area walks or fences and driveways, or
the upkeep of landscaping in the Common Area; or
section 5.1B(1); or
(d) fail to maintain the hazard insurance required to be maintained under
(e) use hazard insurance proceeds for losses to any Association Common
Area property for other than the repair, replacement or reconstruction of such Common Area property.
E. Right of First Refusal: The right of an Owner to sell, transfer, or otherwise
convey his or her Lot shall not be subject to any right of ftrst refusal or similar restriction.
F. Contracts: Any agreement for professional management of the Project, or lease
or any other contract providing for services of the developer, sponsor, or builder, may not exceed one (1)
year. Any such agreement, contract, or lease, including a management contract entered into prior to
passage of control of the Board to Lot purchasers, must provide for termination by either party for cause
on thirty (30) days' written notice, or without cause and without payment of a tennination fee or penalty
on ninety (90) days' or less written notice.
G. Reserves: Association dues or charges shall include an adequate reserve fund for
maintenance, repairs, and replacement of those improvements which the Association is obligated to
maintain and that must be replaced on a periodic basis, and the Assessments therefor shall be payable in
regular installments of Regular Assessments rather than by Special Assessments.
H. Priority of Liens: Any First Lender who obtains title to a Lot pursuant to the
remedies provided in the Mortgage or Foreclosure of the Mortgage will not be liable for such Lot's unpaid
Assessments and fees, late charges, ftnes or interest levied in connection with such claims which accrue
prior to the acquisition of title to such Lot by the Mortgagee (except for claims for a pro rata share of
such Assessments or charges resulting from a pro rata reallocation of such Assessments or charges to all
Project Lots including the mortgaged Lot, and except for Assessment Liens as to which a Notice of
Delinquent Assessment has been recorded prior to the Mortgage).
01/22/04
T:\WPWIN60\PROJECTS\SHELLEY.A VE\DEC
-38-
I. Distribution of Insurance or Condemnation Proceeds: No Owner or any other
party shall have priority over any rights of First Lenders pursuant to their Mortgages in the case of a
distribution to Owners of insurance proceeds or condemnation awards for losses to or taking of Common
Area property.
J. Payment of Taxes or Insurance by Lenders: First Lenders may, jointly or
singly, pay taxes or other charges which are in default and which mayor have become a charge against
the Common Area property and may pay overdue premiums on hazard insurance policies, or secure new
hazard insurance coverage on the lapse of a policy, for such Common Area property, and First Lenders
making such payment shall be owed immediate reimbursement therefor from the Association, provided
that said lender(s) have given notice to the Association prior to the making of such payment(s) and the
Association has failed to pay the same.
9.6 Limitation of Restrictions on Declarant: Declarant is undertaking the work of
construction of a planned development and incidental improvements upon the Project. The completion
of that work and the sale, rental, and other disposal of said Lots is essential to the establishment and
welfare of the Project as a residential community. In order that work may be completed and the Project
be established as a fully occupied residential community as rapidly as possible, nothing in this Declaration
shall be understood or construed to:
A. Prevent Declarant, its contractors, or subcontractors from doing on the Project or
any Lot, whatever is reasonably necessary or advisable in connection with the completion of said work;
or
B. Prevent Declarant or its representatives from erecting, constructing and maintaining
on the Project (except upon Lots owned by others), such structures as may be reasonable and necessary
for developing the Project as a residential community and disposing of the same by sale, lease or
otherwise; or
C. Prevent Declarant from conducting on the Project (except upon Lots owned by
others) its business of completing the work and of establishing a plan of residential ownership and of
disposing of the Project in Lots by sale, lease or otherwise;
D. Prevent Declarant from maintaining or displaying such sign(s), pennants and
flag(s) on the Project (except upon Lots owned by others) as may be necessary for the sale, lease or
disposition thereof; or
E. Subject De~larant to the architectural control provisions of Article VI for the
construction of any residence or other improvement on the Project.
The foregoing rights of Declarant shall terminate upon sale of Declarant's eQ.tire interest in the
Project. So long as Declarant, or its successors and assigns, owns one (1) or more of the Lots described
herein, Declarant, or its successors and assigns, shall be subject to the provisions of this Declaration.
Declarant shall make reasonable efforts to avoid disturbing the use and enjoyment of Lots and the
Common Area by their Owners, while completing any work necessary to said Lots or Common Area.
01/22104
T:\WPWIN60\PROJECTS\SHELLEY,A VE\DEC
-39-
9.7 Termination of Any Responsibility of Declarant: In the event Declarant shall convey
all of its rights, title and interest in and to the Project to any successor Declarant, then and in such event,
Declarant shall be relieved of the performance of any further duties or obligations under this Declaration
arising after such conveyance, and such successor Declarant shall thereafter be obligated to perform all
such duties and obligations of the Declarant. The obligations of Declarant to the City contained in the
conditions of approval for the Project, which obligations are intended to be on-going after Declarant has
sold its interest in the Project, shall become the obligations of the Association, and the Association shall
indemnify Declarant against any liability arising out of the performance or non-performance of those
obligations after Declarant has sold its interest in the Project and/or turned over the maintenance and
management of the Project to the Association.
9.8 Owners' Compliance: Each Owner, tenant or occupant of a Lot shall comply with the
provisions of this Declaration, and (to the extent they are not in conflict with the Declaration) the Articles
and Bylaws, and the decisions and resolutions of the Association or the Board, as lawfully amended from
time to time. Failure to comply with any such provisions, decisions, or resolutions shall be grounds for
an action (1) to recover sums due, (2) for damages, (3) for injunctive relief, (4) for costs and attorneys'
fees, or (5) any combination of the foregoing.
In the event of a violation of the Project Documents, the Association may, if permitted by
applicable law, record a Notice of Violation against the Lot of the non-complying Owner. Upon recording
a Notice of Violation, the Association shall have complete discretion in deciding whether, when and how
to proceed with enforcement, and any delay after recording a Notice of Violation shall not give rise to
a defense of waiver or estoppel in favor of a non-complying Owner. The Association may take action
to enforce compliance against a subsequent Owner who acquires a Lot with a recorded Notice of
Violation. The right of the Association to record a Notice of Violation shall be in addition to all other
rights and remedies the Association may have at law or under the Project Documents.
All agreements and determinations lawfully made by the Association in accordance with the voting
percentages established in this Declaration, or in the Articles or the Bylaws, shall be deemed to be binding
on all Owners, their successors and assigns.
9.9 Notice: Any notice permitted or required by the Declaration, Articles or Bylaws may be
delivered personally or by mail. If delivery is by mail, it shall be deemed to have been delivered
seventy-two (72) hours after a copy of the same has been deposited in the United States mail, first- class
or registered, postage prepaid, addressed to the person to be notified at the current address given by such
person to the Secretary of the Board or addressed to the Lot of such person if no address has been given
to the Secretary.
9.10 Special Provisions Relating to Enforcement of Declarant's Obligation to Complete
Common Area Improvements: Where the Project includes Common Area improvements which have
not been completed prior to the close of escrow on the sale of the first Lots, and where the Association
is obligee under a Bond or other arrangement (hereafter "Bond") to secure performance of the commitment
of Declarant to complete said improvements, the Board shall consider and vote on the question of action
by the Association to enforce the obligations under the Bond with respect to any improvement for which
a notice of completion has not been filed within sixty (60) days after the completion date specified for
those improvements in the planned construction statement appended to the Bond. If the Association has
01/22104
T:\WPWIN60\PROJECTS\SHELLEY .A VElDEC
-40-
given an extension in writing for the completion of any Common Area improvement, the Board shall
consider and vote on the aforesaid question if a notice of completion has not been filed within thirty (30)
days after the expiration of the extension. A special meeting of Members of the Association for the
purpose of: (i) voting to override a decision by the Board not to initiate action to enforce the obligations
under the Bond; or (ii) to consider the failure of the Board to consider and vote on the question shall be
held not less than thirty-five (35) days nor more than forty-five (45) days after receipt by the Board of
a petition for such a meeting signed by Members representing five percent (5%) or more of the total
voting power of the Association. At such special meeting a vote of a majority of Members of the
Association other than the Declarant shall be required to take action to enforce the obligations under the
Bond and a vote of a majority of the voting power of the Association, excluding Declarant, shall be
deemed to be the decision of the Association, and the Board shall thereafter implement this decision by
initiating and pursuing appropriate action in the name of the Association.
On satisfaction of the Declarant's obligation to complete the Common Area improvements, the
Association shall acknowledge in writing that it approves the release of the Bond and shall execute any
other documents as may be necessary to effect the release of the Bond. The Association shall not
condition its approval of the release of the Bond on the satisfaction of any condition other than the
completion of the Common Area improvements as described on the planned construction statement. Any
dispute between the Declarant and the Association regarding the question of satisfaction of the Conditions
for exoneration or release of the security shall, at the request of either party, be submitted to arbitration
pursuant to section 9.13 of this Declaration.
9.11 Special Provisions Relating to Enforcement of Declarant's Obligation to Pay
Assessments: Where the Association is obligee under a Bond or other arrangement (hereafter "Bond")
to secure performance of the commitment of Declarant to pay Assessments on Lots owned by Declarant,
the Board shall consider and vote on the question of action by the Association to enforce the obligations
under the Bond with respect to any of Declarant's Assessments which are delinquent for thirty (30) days.
A special meeting of Members of the Association for the purpose of voting to override a decision by the
Board not to initiate action to enforce the obligations under the Bond or such a meeting to consider the
failure of the Board to consider and vote on the question shall be held not less than ten (10) days nor
more than twenty (20) days after receipt by the Board of a petition for such a meeting signed by Members
representing five percent (5%) or more of the total voting power of the Association. At such special
meeting a vote of a majority of Members of the Association other than the Declarant shall be required to
take action to enforce the obligations under the Bond and a vote of a majority of the voting power of the
Association, excluding Declarant, shall be deemed to be the decision of the Association, and the Board
shall thereafter implement this decision by initiating and pursuing appropriate action in the name of the
Association.
Upon satisfaction of the Declarant's obligation to assure the availability of funds to pay
Assessments upon unsold Lots as set forth in Title 10 Cal Code of Regs ~ 2792.9, the escrow holder
holding the Bond shall return the Bond to Declarant, after delivery to said escrow holder of Declarant's
written request for release of the Bond, and Declarant's written statement that [1] Declarant has paid, as
and when due, all Regular Assessments and Special Assessments levied by the Association against Lots
owned by the Declarant and that [2] 80% of the Lots in the Project have been conveyed by Declarant,
unless pursuant to Title lOCal Code of Regs ~ 2792.9, the Association delivers to said escrow holder its
written objection to the return of the Bond to Declarant within forty (40) days after delivery of notice of
01/22/04
T:\WPWIN6O\PROJECISISHELLEY.A VE\DEC
-41-
Declarant's request from release and the statement to the Association. The Association shall not condition
its approval of the release of the Bond on the satisfaction of any condition other than the payment of
Assessments.
If the Association delivers to the escrow holder of the Bond a demand for remittance of the Bond
or a portion thereof, or the proceeds thereof to the escrow holder of the Bond, which demand is
accompanied by a written statement signed by an officer of the Association that the Declarant is delinquent
in the payment of Regular Assessments or Special Assessments which have been levied by the Association
against Lots owned by the Declarant, then all or some specified portion of the security as demanded shall
be remitted to the Association upon the Declarant's failure to give the escrow holder within forty (40)
days after receipt of delivery of the demand by the escrow holder, the subdivider's written objection to
remittance of the security. Both the Declarant and the Association shall adhere and comply with the tenns
of escrow instructions with the escrow depository of the Bond, which shall be in the form approved by
the Department of Real Estate, with respect to the holding of the Bond, the return or remittance of the
Bond and other disposition of matters set forth in said escrow instructions with respect to the Bond. Any
dispute between the Declarant and the Association regarding the question of satisfaction of the conditions
for exoneration or release of the security shall, at the request of either party, be submitted to Arbitration
as provided in section 9.13E hereof.
9.12 Fair Housing: No Owner shall, either directly or indirectly, forbid or restrict the
conveyance, encumbrance, leasing, or mortgaging, or occupancy of his Lot to any person of a specified
race, sex, sexual orientation, age, marital status, color, religion, ancestry, physical handicap, or national
origin.
9.13 Dispute Resolution: The Board is authorized to resolve any civil claim or action through
alternative dispute resolution proceedings such as mediation, binding arbitration, or non-binding arbitration
proceedings.
A. Claims for Declaratory Relief or Enforcement of Project Documents: Unless the
applicable time limitation for commencing the action would run within 120 days prior to the filing of a
civil action solely for declaratory relief or injunctive relief to enforce the Project Documents, or for
declaratory relief or injunctive relief to enforce the Project Documents in conjunction with a claim for
monetary damages not in excess of Five Thousand Dollars ($5,000), the Board, or any Owner who seeks
such relief, shall first endeavor to submit the matter to alternative dispute resolution in compliance with
the provisions of California Civil Code Section 1354(b). The Board shall comply with the requirements
of California Civil Code Section 1354(i) by providing Members of the Association annually with a
summary of the provisions of California Civil Code Section 1354, including the following language:
"Failure by any Member of the Association to comply with the pre-filing requirements of Section 1354
of the Civil Code may result in the loss of your rights to sue the Association or another Member of the
Association regarding enforcement of the governing documents."
B. Design or Construction Defect Claims:
Actions by the Association pertaining to or based upon a claim for defects in the
design or construction of improvements within the Project against the Declarant, or any architect, engineer
or other consultant, or any contractor, subcontractor or materials supplier engaged by or on behalf of
01/22104
T:\WPWIN60\PROJECTS\SHELLEY.A VE\DEC
-42-
Declarant for the design and/or construction of the Project, or any element thereof, or otherwise defined
in Civil Code sections 896 or 897 as an Actionable Defect ("Claim"), shall be resolved and administered
in accordance with Civil Code sections 895 through 945.5, and Civil Code sections 1375 and 1375.05,
as such sections may be amended, revised or superseded, from time to time.
If a Claim is subject to pre-litigation procedures in Civil Code sections 910 through 938, or any
successor statutes, each Owner, and the Declarant, prior to filing any civil action, arbitration or action in
judicial reference regarding such Claim shall comply with the prelitigation procedures of Civil Code
sections 910 through 938. Notices of Claims shall specify all of the matters as set forth in Civil Code
section 1368.4 and/or Civil Code sections 910 through 938, as applicable, and any successor statutes or
laws.
If the Claim is not resolved by and pursuant to the prelitigation procedures of under Civil Code
sections 910 through 938, subject to the provisions of Civil Code section 1315 and 1375.05, then
notwithstanding the provisions of California Code of Civil Procedure Section 1298.7, the Claim shall be
resolved in accordance with the provisions of section 9.13D of this Declaration [Judicial Reference] and
section 9.13E of this Declaration [Arbitration of Disputes].
C. Notices to Members of Legal Proceedings Against Declarant. In accordance with
Civil Code Section 1368.4, at least 30 days prior to filing any civil action, including arbitration, against
Declarant or other developer of the Project for alleged damage to (i) the Cornmon Area, (ii) all or portions
of Lots which the Association is required to maintain, or (iii) the Lots which arises from or is integrally
related to alleged damage to the Common Area or all or portions of the Lots which the Association is
required to maintain, the Board shall provide written notice to each Member specifying each of the
following:
filing of a civil action;
(1) That a meeting will take place to discuss problems that may lead to the
(2) The options, including civil actions, that are available to address the
problems; and
(3) The time and place of the meeting.
If the Association has reason to believe that the applicable statute of limitations will expire before
the Association is able to give notice, hold the meeting and file the civil action, the Association may file
the civil action first and then give the notice within thirty (30) days after filing of the action.
01/22104
T:\WPWIN60\PRO}ECI'S\SHELLEY,A VE\DEC
-43-
D. Judicial Reference for Certain Disputes: For any action by the Association or any
Owner against the Declarant, any architect, engineer or other consultant, or any contractor, subcontractor
or materials supplier engaged by or on behalf of Declarant for the design and/or construction of the
Project, or any element thereof ("Developer Parties"), subject to the provisions of Civil Code sections 895
through 938, Civil Code section 1375 and Civil Code section 1375.05, or any other action by the
Association or any Owner against the Declarant, except as otherwise provided herein, such claim shall
be submitted to Judicial Reference as hereinafter provided:
(1) The dispute shall be submitted to binding general judicial reference pursuant
to California Code of Civil Procedure Sections 638(1) through 645.1, or any successor statutes thereto
pertaining to proceedings under judicial reference ("Judicial Reference"). The parties shall cooperate in
good faith to ensure that all necessary and appropriate parties are included in the Judicial Reference
proceeding. Declarant shall not be required to participate in the Judicial Reference proceeding unless it
is satisfied that all necessary and appropriate parties will participate. The parties shall share the fees and
costs of the Referee for the Judicial Reference proceeding as determined by the Referee.
(2) The Referee shall have the authority to try all issues, whether of fact or law,
and to report a statement of decision to the court. The parties shall use the procedures adopted by Judicial
Arbitration and Mediation Services ("JAMS") for judicial reference (or any other entity offering judicial
reference dispute resolution procedures as may be mutually acceptable to the parties), provided that the
following rules and procedures shall apply in all cases unless the parties agree otherwise:
(a) If the Declarant is a party to the Judicial Reference, then any fee to
initiate the Judicial Reference shall be paid by Declarant, provided however, that the cost of the judicial
reference shall ultimately be borne as determined by the Referee;
(b) The proceedings shall be heard in Santa Clara County, California;
(c) The Referee must be a neutral and disinterested party who is a retired
judge or a licensed attorney with at least ten (10) years' experience in relevant real estate matters;
(d) Any dispute regarding the selection of the Referee shall be resolved
by JAMS or the entity providing the reference services, or, if no entity is involved, by the court with
appropriate jurisdiction;
(e) The Referee may require one or more pre-hearing conferences;
(f) The parties shall be entitled to discovery, and the Referee shall oversee
discovery and may enforce all discovery orders in the same manner as any trial court judge;
(g) A stenographic record of the Judicial Reference proceedings shall be
made, provided that the record shall remain confidential except as may be necessary for post-hearing
motions and any appeals;
01/22/04
T:\WPWIN60\PROJECTS\SHELLEY.A VElDEC
-44-
(h) The Referee's statement of decision shall contain findings of fact and
conclusions of law to the extent applicable;
(i) The Referee shall have the authority to rule on all post-hearing motions
in the same manner as a trial judge;
(j) The Referee shall be authorized to provide all recognized remedies
available in law or equity for any cause of action that is the basis of the Judicial Reference; and
(k) The statement of decision of the Referee upon all of the issues
considered by the Referee shall be binding upon the parties, and upon filing of the statement of decision
with the clerk of the court, or with the judge where there is no clerk, judgment may be entered thereon.
The decision of the Referee shall be appealable as if rendered by the court.
(1) If submission of a disputed matter referenced in this section 9.13D to
Judicial Reference is not permitted under the then applicable law, then notwithstanding California Code
of Civil Procedure Section 1298.7, if the dispute is not resolved through mediation, each Owner, the
Association and Declarant shall resolve such dispute exclusively through binding arbitration conducted in
accordance with the Commercial Arbitration Rules of the Judicial Arbitration and Mediation Services
("JAMS") pursuant to section 9.13E of this Declaration.
(3) Judicial Reference shall only proceed for any matter that is subject to
the requirements of California Civil Code section 1354 after the parties have attempted to reasonably
comply with the alternative dispute resolution requirements set forth in California Civil Code section 1354,
as same may be amended from time to time.
(4) Notwithstanding the foregoing, any dispute under sections 9.10 and
9.11 of this Declaration between the Declarant and the Association regarding the question of satisfaction
of the conditions for exoneration or release of the security shall, at the request of either party, be
submitted to arbitration pursuant to section 9.13E of this Declaration.
E. Arbitration of Disputes: If a dispute is the subject of binding arbitration under this
Declaration, the following shall apply:
(1) costs and fees of the arbitration, including ongoing costs and fees of the
arbitration shall be paid as agreed by the parties, and, if the parties cannot agree, as determined by the
arbitrator; provided, however, if the Declarant is a party to the arbitration, then any fee to initiate
arbitration shall be paid by Declarant, but the cost of arbitration shall ultimately be borne as determined
by the arbitrator;
(2) a neutral and impartial individual shall be appointed to serve as arbitrator, with
the arbitrator to be selected by mutual agreement of the parties. If the parties are unable to agree on an
arbitrator within fifteen (15) days after any party initiates the arbitration, a neutral and impartial arbitrator
shall be selected by the JAMS. In selecting the arbitrator, the provisions of ~ 1297.121 of the Code of Civil
Procedure shall apply. An arbitrator may be challenged for any of the grounds listed in ~1297.121, or
in S 1297.124 of the Code of Civil Procedure;
01/22104
T:\wPWIN6OIPROJECTSISHELLEY .A VE\DEC
-45-
(3) venue of the arbitration to be in Santa Clara County, California;
(4) the arbitration shall commence in a prompt and timely manner in accordance
with (i) the Commercial Rules of the JAMS, or if the rules do not specify a date by which arbitration is
to commence, then (ii) by a date agreed upon by the parties, and if they cannot agree as to a
commencement date, (iii) a date determined by the arbitrator. The arbitrator shall apply California
substantive law in rendering a final decision. The arbitrator shall have the power to grant all legal and
equitable remedies and award compensatory damages. When the arbitrator is prepared to make the award,
the arbitrator shall first so inform the parties, who shall have ten (10) days to attempt to resolve the matter
by a binding agreement between them. If the parties resolve the matter, the arbitrator shall not make any
award. If the parties do not so resolve the matter within the ten (10) day period, the arbitrator shall make
the award on the eleventh day following the arbitrator's notice of being prepared to make the award;
(5) the arbitration shall be conducted in accordance with the Commercial Rules
of the JAMS;
(6) the arbitration shall be conducted and concluded in a prompt and timely
manner;
(7) the arbitrator shall be authorized to provide all recognized remedies available
in law or equity for any cause of action that is the basis of arbitration;
(8) A judgment upon the award rendered by the arbitrator may be entered in any
court having jurisdiction or application may be made to such court for judicial acceptance of the award
and an order of enforcement. The parties agree to be bound by the decision of the arbitrator, which shall
be fmal and non-appealable.
(9) Preliminary Procedures. If state or federal law requires an Owner, the
Association or Declarant to take steps or procedures before commencing an action in arbitration, then the
Owner, the Association or Declarant must take such steps or follow such procedures, as the case may be,
before commencing the arbitration. For example, any claim or Disputes pursuant to California Civil Code
Section 895 et seq., as hereafter amended may be subject to the non-adversarial procedures set forth in
California Civil Code Section 910 through 938, prior to the initiation of any arbitration. In addition,
nothing contained herein shall be deemed a waiver or limitation of the provisions of California Civil Code
Sections 1368.4, 1375, 1375.05 or 1375.1;
(10) Participation by Other Parties. An Owner, the Association and Declarant,
to such extent any such party.is defending a claim in the arbitration, may, if it chooses, have all necessary
and appropriate parties included as parties to the arbitration;
(11) Federal Arbitration Act. Because many of the materials and products
incorporated into the home are manufactured in other states, the development and conveyance of the
Property evidences a transaction involving interstate commerce and the Federal Arbitration Act (9 D.S.C.
~ 1 et seq.) now in effect and as it may be hereafter amended will govern the interpretation and
enforcement of the arbitration provisions set forth herein;
01122/04
T:\WPWIN60\PROJECTSISHELLEY.A VE\DEC
-46-
(12) AGREEMENT TO ARBITRATE AND WAIVER OF JURY TRIAL.
a. ARBITRATION OF DISPUTES. BY EXECUTING Tms
DECLARATION, DECLARANT AND BY ACCEPTING A DEED TO ANY PORTION OF THE
PROPERTY, EACH OWNER AND THE ASSOCIATION SHALL BE DEEMED TO HAVE
AGREED TO HAVE ANY DISPUTE DECIDED BY NEUTRAL ARBITRATION IN
ACCORDANCE WITH THE FEDERAL ARBITRATION ACT AND THE CALIFORNIA
ARBITRATION ACT, TO THE EXTENT THE CALIFORNIA ARBITRATION ACT IS
CONSISTENT WITH THE FEDERAL ARBITRATION ACT, AND DECLARANT, THE
ASSOCIATION AND EACH OWNER ARE GIVING UP ANY RIGHTS DECLARANT, THE
ASSOCIATION AND EACH OWNER MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED
IN A COURT OR JURY TRIAL. DECLARANT, THE ASSOCIATION AND EACH OWNER ARE
GIVING UP JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS
ARE SPECIFICALLY INCLUDED IN Tms "ARBITRATION OF DISPUTES" PROVISION. IF
DECLARANT, THE ASSOCIATION OR ANY OWNER REFUSES TO SUBMIT TO
ARBITRATIONAFrERAGREEINGTOTHIS PROVISION, DECLARANT, THE ASSOCIATION
OR SUCH OWNER MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF
THE CALIFORNIA CODE OF CIVIL PROCEDURE.
b. WAIVER OF JURY TRIAL. IN THE EVENT THE
FOREGOING ARBITRATION PROVISION IS HELD NOT TO APPLY OR IS HELD INVALID,
VOID OR UNENFORCEABLE IN ITS ENTIRETY FOR ANY REASON, ALL DISPUTES SHALL
BE TRIED BEFORE A JUDGE IN A COURT OF COMPETENT JURISDICTION WITHOUT A
JURY. THE JUDGE IN SUCH COURT OF COMPETENT JURISDICTION SHALL HAVE THE
POWER TO GRANT ALL LEGAL AND EQUITABLE REMEDIES AND A WARD
COMPENSATORY DAMAGES. DECLARANT, BY EXECUTING Tms DECLARATION AND
EACH OWNER BY ACCEPTING A DEED TO ANY PORTION OF THE PROPERTY AND THE
ASSOCIATION, HEREBY WAIVE AND COVENANT NOT TO ASSERT THEIR
CONSTITUTIONAL RIGHT TO TRIAL BY JURY OF ANY DISPUTES, INCLUDING, BUT NOT
LIMITED TO, DISPUTES RELATING TO CONsmUCTION DEFEcrs, MISREPRESENTATION
OR DECLARANT'S FAILURE TO DISCLOSE MATERIAL FACTS. Tms MUTUAL WAIVER
OF JURY TRIAL SHALL BE BINDING UPON THE RESPECTIVE SUCCESSORS AND
ASSIGNS OF SUCH PARTIES AND UPON ALL PERSONS AND ENTITIES ASSERTING
RIGHTS OR CLAIMS OR OTHERWISE ACTING ON BEHALF OF DECLARANT, THE
ASSOCIATION OR ANY OWNER AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
9.14 Number; Gender. The singular and plural number and the masculine, feminine and
neuter gender shall each include the other where the context requires.
IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has executed this
Declaration this _ day of ,2004.
SHELLEY PARTNERS, LLC
a California limited liability company
By:
01/22/04
T:\WPWIN60\PROJECTSISHELLEY.A VE\DEC
-47-
STATE OF CALIFORNIA
)
) SSe
)
COUNTY OF
On this _ day of , 2004, before me, , a
notary public for the state, personally appeared , mown to me or proved to
me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public, State of California
01/22/04
T:\WPWIN6O\PROJECfS\SHELLEY.A VE\DEC
-48-
Shelley Avenue Townhomes
Exhibit "A"
Fire Truck Turn-Around
01/22/04
T:\WPWlN60\PROJECl'S'SHELLEY.A VE\DEC.EX
,>.,~.O<f.'C~A~
!:: ~
U r
o 0
~ ...
"'J.t" ~
.OotCH,..Q.c..
City of Campbell -- Community Development Department
70 N. First Street, Campbell, CA 95008
MEMORANDUM
To:
Harold Housley, Land Development Engineer
Date: August 26, 2003
From: Melinda Denis, Planner I~
Subject: Final Map - 122 Shelley A venue - PLN2003-52 (R), 67 (TS) & 82 (TRP)
In response to the your request, the Planning Division has the following comments regarding the recordation
of a tract map for the subdivision proposed on the subject property:
Grading and Drainage Plan
1. The Grading and Drainage Plan submitted is not consistent with the approved Site Plan.
a. There shall be a four-foot wide landscape planter along portions of the east property line.
b. Please illustrate the required fire truck turnaround located between Lot 5 and the east property
line.
c. The 11" Cumquat tree within the front yard of Lot 1 indicated as to be removed on the Grading
and Drainage Plan shall remain per City Council Resolution No. 10229.
Final Map
1. Payment of a park dedication fee as follows:
Park Dedication:
Final Map (5 x $7,035) x .75 = $26,381.25 with a credit of $10,990.00 x .75 = $8,242.50 for the
existing lot or a fee at final map of $18,138.75.
Park Impact:
At building final or occupancy (5 x $7,035) = $35,175.00 with a credit of one dwelling unit at
$10,990.00 and a credit for payment of park dedication fees of $18,138.75 resulting in a park impact
fee of $ 6,046.25 at building final/occupancy.
2. Review of Covenants, Codes, & Restrictions (CC&R's) to ensure maintenance of landscaping, common
driveways, common parking and etc. (See City Council Resolution No. 10228, conditional of approval
no. 7)
create four lots plus one common lot; a Planned Development Permit (PLN2003-25) to
allow the construction of four new townhomes and a Tree Removal Permit (PLN2003-
27) to allow the removal of several trees on property owned by Mr. Russell Mahzoon
located at 636 W. Sunnyoaks Avenue in an R-M-S (Multiple Family Residential)
Zoning District.
Planner I Willsey - Staff Report dated August 5, 2003,
Mayor Furtado declared the public hearing open and asked' if anyone in the audience
wished to be heard. .
There being no one wishing to speak, Mayor Furtado closed the public hearing.
M/S: Dean/Kennedy - that the City Council introduce Ordinance 2037 approving
a Zone Change (PLN2003-23) from R-M-S (Multiple Family Residential) to P-D
(planned Development) for first reading; adopt Resolution 10224 approving a
Tentative Parcel Map (PLN2003-24) to allow the creation of four lots and one
common lot for property located at 636 W. Sunnyoaks A venue, incorporating
Findings and subject to Conditions of Approval; adopt Resolution 10225 approving
a Planned Development Permit (PLN2003-25) to allow the construction of four
townhomes on property located at 636 W. Sunnyoaks Avenue, incorporating
Findings and subject to Conditions of Approval; and adopt Resolution 10226
approving a Tree Removal Permit (pLN2003-27) to allow the removal of two
protected trees on property located at 636 W. Sunnyoaks A venue, incorporating
Findings and subject to Conditions of Approval. Motion adopted by the following
roll call vote:
AYES: Councilmembers: Watson, Kennedy, Dean, Burr, Furtado
NOES: Councilmembers: None
The City Clerk read the title of Ordinance No. 2037.
MIS: Burr/Dean - that further reading of Ordinance 2037 be waived. Motion
adopted unanimously.
18. Application of Mr. Pelusa Bastida for Reinstatement of a previously approved
Planned Development Permit to allow the construction of a five-unit townhome
development; a Tentative Subdivision Map (pLN2003-67) to allow the creation of
five townhome lots and one common lot and a Tree Removal Permit (pLN2003-82)
to allow the removal of nine trees on property located at 122 Shelley A venue
This is the time and place for a public hearing to consider the Application of Mr. Pel usa
Bastida for a Reinstatement of a previously approved Planned Development Permit to
allow the construction of a five-unit townhome development; a Tentative Subdivision
Map (PLN2003-67) to allow the creation of five townhome lots and one common lot
Minutes of 8/5/03 City Council Meeting
6
and a Tree Removal Permit (PLN2003-82) to allow the removal of nine trees on
property located at 122 Shelley A venue.
/
Planner I Denis - Staff Report dated August 5, 2003.
Mayor Furtado declared the public hearing open and asked if anyone in the audience
wished to speak.
Melinda Foos, 134 Shelley Avenue, Campbell, appeared before the City Council and
asked for clarification of the condition of approval regarding landscaping. Ms. Foos
also asked about the possibility of requiring the applicant to store building materials in
some type of closed container.
Community Development Director Fierro responded to Ms. Foos.
There being no one else wishing to speak, Mayor Furtado closed the public hearing.
.
M/S: Kennedy/Burr - that the City Council adopt Resolution 10227 approving a
Reinstatement (PLN2003-52) of a previously approved Planned Development
Permit to allow the construction of five new townhomes on property owned by Mr.
Pelusa Bastida located at 122 Shelley A venue subject to Conditions of Approval;
and adopt Resolution 10228 approving a Tentative Subdivision Map (pLN2003-67)
to allow the creation of five townhome lots and one common lot on property located
at 122 Shelley A venue, subject to Conditions of Approval; and adopt Resolution
10229 approving a Tree Removal Permit (pLN2003-82) to allow the removal of
nine trees on property located at 122 Shelley Avenue subject to Conditions of
Approval. Motion adopted by the following roll call vote:
A YES: Councilmembers: Watson, Kennedy, Dean, Burr, Furtado
NOES: Councilmembers: None
UNFINISHED BUSINESS
There were no agendized items.
NEW BUSINESS
19. Community Center Master Plan Improvement Project (99-05) - Adjustment to
Project Scope and Approval of Additional Contract Contingency (Resolution/Roll
Call Vote)
City Engineer Quinney - Staff Report dated August 5, 2003.
Minutes of 8/5/03 City Council Meeting
7
MEMORANDUM
To:
Melinda Denis
P nner I, Comm. Development Dept.
Date:
From:
Subject:
Application of Mr. PeLusa Bastida - Reinstatement of previously
approved Planned Development Permit (PLN 2003-52); Tentative
Subdivision Map (PLN 2003-67); and Tree Removal Permit (PLN 2003-
82) - 122 Shelley Avenue
On August 5, 2003, the City Council held a public hearing to consider Mr. Bastida' s
application for a Reinstatement (PLN 2003-52) of a previously approved Planned
Development Permit, a Tentative Subdivision Map (PLN 2003-67); and a Tree
Removal Permit (PLN 2003-82) for property located at 122 Shelley Avenue.
The following action was taken:
1. Adopted Resolution 10227 approving a Reinstatement (PLN 2003-52) of a
previously approved Planned Development Permit (PLN 2000-34) to allow the
construction of 5 townhomes, subject to the conditions of approval;
2. Adopted Resolution 10228 approving a Tentative Subdivision Map to allow the
creation of five townhome lots and one common lot, incorporating findings and
subject to the conditions of approval; and
3. Adopted Resolution 10229 approving a Tree Removal Permit (PLN 2003-82) to
allow the removal of nine existing trees, incorporating findings and subject to
the conditions of approval.
A certified copy of Resolutions 10227, 10228, and 10229 is attached for your records,
together with a copy of the letter written to the applicant in follow-up to the City
Council's action.
ot"C.4<'!1
f...~.~tl~'(l'>
... t'"
U [-'
. .
.... "-
<$0 ...
~. "....
O.CHA\lt)'
CITY OF CAMPBELL
City Clerk's Office
August 7, 2003
Mr. PeLusa Bastida
122 Shelley Avenue
Campbell, CA 95008
Dear Mr. Bastida:
At the regular meeting of August 5, 2003. the Campbell City Council held a public hearing
to consider your application for a Reinstatement (pLN 2003-52) of a previously approved
Planned Development Permit; a Tentative Subdivision Map (PLN 2003-67); and a Tree
Removal Permit (pLN 2003-82) for property located at 122 Shelley Avenue in a Planned
Development Zoning District.
After hearing public testimony and City Council deliberations, the City Council took the
following action:
1. Adopted Resolution No. 10227 approving a Reinstatement (PLN 2003-52) of a
previously approved Planned Development Permit (pLN 2000-34) to allow the
construction of five townhomes, incorporating findings and subject to the attached
Conditions of Approval;
2. Adopted Resolution No. 10228 approving a Tentative Subdivision Map (PLN 2003-67)
to allow the creation of five townhome lots and one common lot, incorporating fmdings
and subject to the attached Conditions of Approval; and
3. Adopted Resolution No. 10229 approving a Tree Removal Permit (pLN 2003-82) to
allow the removal of nine existing trees, incorporating fmdings and subject to the
attached Conditions of Approval.
A certified copy of the above mentioned Resolutions is attached for your records.
Continued ..
70 North First Street ' Campbell, California 95008.1423 . TEL 408.866.2117 . FAX 408.374.6889 . TDD 408.866.2790
Page 2 -
Should you have any questions in regard to the City Council's action, please do not hesitate to
contact this office (866-2117) or Melinda Denis, Planner I, Community Development
Department.
Sincerely,
\~ a--- ~ If'
Anne Bybee
City Clerk
Enc.
cc. Melinda Denis, Planner I, Community Development Dept.
RESOLUTION NO. 10227
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBElL APPROVING THE REINSTATEMENT (pLN2003-52) OF
A PREVIOUSLY APPROVED PLANNED DEVELOPMENT PERMIT
TO ALLOW THE CONSTRUCTION OF FIVE NEW TOWNHOMES ON
PROPERTY OWNED BY MR. PELUSA BASTIDA LOCATED AT 122
SHELLEY A VENUE IN A P-D (pLANNED DEVELOPMENT)
ZONING DISTRICT. APPUCATION OF MR. PELUSA BASTIDA.
FILE NO. PLN2003-52.
After notification and public hearing, as specified by law, and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the City Council did find as follows with
respect to application PLN2003-52:
1. There have been no changes in the project plans, site, physical environmental conditions, or
environmental setting that would result in significant environmental impacts not anticipated
at the time of the adoption of the Negative Declaration.
2. There have been no changes in the development standards or regulations that would warrant
changes to the conditions of approval.
3. There have been no changes in the General Plan and the Zoning of the property since the
previous approval of the project.
4. Land uses surrounding the project site include residential to the north, south, east and west.
5. The design of the building is compatible in scale with the adjacent buildings, relates well
with the surrounding residential neighborhood, is well articulated and utilizes high quality
building materials.
Based upon the foregoing findings of fact, the City Council further finds and concludes that:
1. The proposed development will result in a more desirable environment and use of the land
than would be possible under any other zoning classification.
2. The development will be compatible with the General Plan of the City and will aid in the
harmonious development of the immediate area.
3. The proposed development will not result in allowing more residential units than would be
allowed by other residential zoning districts which are consistent with the general plan
designation of the property.
City Council Resolution
PLN2003-52 - 122 Shelley A venue- Reinstatement of Planned Development Permit
Page 2
4. The development will be compatible with the Zoning Code of the City.
5. The proposed development will not be detrimental to the health, safety or welfare of the
neighborhood or the City as a whole.
6. There is a reasonable relationship and a rough proportionality between the conditions of
approval and the impacts of the project.
7. There is a reasonable relationship between the use of the fees imposed upon the project and
the type of development project.
8. No substantial evidence has been presented from which a reasonable argument could be
made that shows that the project, as currently presented and subject to the required conditions
of approval, will have a significant adverse impact on the environment.
NOW, THEREFORE, BE IT RESOLVED that the City Council approves the Reinstatement
(pLN2003-52) of a previously approved Planned Development Permit to allow the construction
of five new townhomes on property owned by Mr. Pelusa Bastida located at 122 Shelley
A venue, subject to the following conditions:
Where approval by the Director of Community Development, City Engineer, Public Works
Director, City Attorney or Fire Department is required, that review shall be for compliance with
all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and
regulations and accepted engineering practices for the item under review. 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.
CO~TYDEVELOPMffiNTDEPARTMffiNT
Planning Division:
1. Approved Proiect: Approval is granted to construct a five unit townhouse development
consisting of 2 two-story buildings.. The building design and site design shall substantially
conform to the project exhibits listed below, except as may be modified by the conditions of
approval herein:
a. Project plans prepared by Glen Cahoon and dated as received by the Planning Division
on April 29, 2003, including a site planllandscape plan and building elevations.
b. Color and material boards submitted by Glen Cahoon.
c. Tentative Subdivision Map and Preliminary Grading Plan prepared by Kirkeby
Engineering and dated as received by the Planning Division on May 20, 2003.
J 2. Permit Exoiration: The Reinstatement of Approval is valid for a period of two years from the
date of final City Council approval. A building permit must be obtained within this two-year
period or the Reinstatement of Approval shall be void.
City Council Resolution
PLN2003-52 - 122 Shelley A venue- Reinstatement of Planned Development Permit
Page 3
V 3. Tentative Subdivision Mao: The Reinstatement of Approval is contingent upon recordation
of the Final Subdivision Map to divide the subject property. The Final Subdivision Map shall
be recorded -prior to the issuance of building permits.
\! 4. Park Impact Fee: A park impact fee of $7,035 per unit is due upon development of the
townhouse project. Based on the development of 5 units, a total of $35,175 shall be paid to
the City. Credit in the amount of $10,990 will be given for the existing single-family
residence. Prior to recordation of the Final Subdivision Map, 75% of this fee is due. The
remaining 25% is due prior to issuance of a certificate of building occupancy.
5. Covenants. Codes and Restrictions: The applicant shall submit a draft copy of the
Covenants, Conditions and Restrictions (CC&R's) to the Planning Division for approval by
the Community Development Director and City Attorney, prior to the recordation of the
Final Subdivision Map, which provide for:
a. Formation of a Homeowner's Association to ensure the long-term maintenance of
buildings and property.
b. Continued architectural controls to ensure the architectural integrity of the project.
c. Definition of common areas to be maintained and provision of maintenance for these
areas.
d. Provision of a funding mechanism to ensure maintenance and upkeep of common areas
and shared building walls and roofs to be repaired, repainted, and/or replaced as
necessary.
e. Provision to provide on-going maintenance of the required landscaping for the project.
f. Provision for the availability of interior garage space for the parking of two vehicles at all
times.
g. Provision to prohibit the use of parking spaces for storage purposes, including boats,
trailers, and recreational vehicles.
6. Landscaping: The applicant shall submit four sets of a final landscape and irrigation plan to
the Planning Division, prior to the issuance of building permits, for review and approval by
the Community Development Director. The landscape and irrigation plan shall substantially
conform with the approved conceptual landscape plan and the City's Water Efficient
Landscaping Standards (WELS).
7. Tree Removal: The applicant shall be permitted to remove nine trees on site as specified in
the applicant's Tree Removal Permit application, based upon the information provided by the
applicant and the certified arborist report submitted with the application.
8. Tree Reolacement: The applicant shall be required to provide replacement trees for the trees
approved to be removed, in accordance with the replacement ratio requirements of the City's
tree Protection Ordinance.
9. Tree Protection Plan: The applicant shall submit a tree protection plan for any trees to be
retained on site and shall contain specific information about the preservation of the trees
during any grading or building on site. Such tree protection measures shall be installed prior
City Council Resolution
PLN2003-52 - 122 Shelley A venue- Reinstatement of Planned Development Permit
Page 4
to any demolition, grading, or building on the project site. No construction or trenching shall
take place within the drip line of trees and a fence constructed of temporary cyclone fencing
or wire mesh securely attached to poles driven into the ground shall be installed around the
dripline of the tree. All trimming or branch removal from protected trees shall be completed
by a certified arborist. The tree protection plan shall be submitted to the Planning Division
for review and approval by the Community Development Director prior to the issuance of
building permits.
10. Parking and Drivewavs: All parking and driveway areas shall be developed in compliance
with Chapter 21.50 of the Campbell Municipal Code and the approved project plans. Project
details include, but are not limited to the following:
a. The applicant shall provide decorative pavement within the driveway and in front of the
garages where uncovered parking spaces are provided in the development. The design
and materials to be used for the decorative pavement shall be reviewed and approved by
the Community Development Director prior to issuance of building permits for the
project.
11. Fences: Any newly proposed fencing and/or walls shall comply with Section 21.59.090 of
the Campbell Municipal Code and shall be reviewed and approved by the Community
Development Director prior to issuance of any building permits for the project.
12. Propertv Maintenance: The property is to be maintained free of any combustible trash,
debris and weeds until the time that actual construction commences. All existing structures
shall be secured by having windows boarded up and doors sealed shut, or be demolished or
removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). Prior
to demolition, the property would require inspection and vermin abatement program.
13. Utilitv Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to
installation of PG&E transformers and San Jose Water Company back-flow preventers,
indicating the location of the facilities and screening (if the facilities are above ground) for
approval by the Community Development Director.
14. On-site lighting: On-site lighting shall be shielded away from adjacent properties and
directed on site. The design and type of lighting fixtures and lighting intensity of any
proposed exterior lighting for the project shall be reviewed and approved by the Community
Development Director prior to issuance of any building permits for the project. Lighting
fixtures shall be of a decorative design to be compatible with the development and shall
incorporate energy saving features.
15. Trash Disoosa1lRecycling: The applicant shall submit details regarding the design and
location of trash disposaVrecycling facilities to the City for review and approval prior to
issuance of building permits.
16. Garages: Garages shall be maintained at all times in such a way that they are available for
the parking of automobiles.
City Council Resolution
PLN2003-52 - 122 Shelley A venue- Reinstatement of Planned Development Permit
Page 5
Building Division:
17. Permits Reauired: A building permit application shall be required for each proposed new
living unit/structure. The building permit shall include Electrica1lPlumbinglMechanical fees
when such work is part of the permit.
18. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of
construction plans submitted for building permit.
19. Size of Plans: The size of construction plans submitted for building permits shall be 24
inches by 36 inches.
20. Plan Preoaration: This project requires plans prepared under the direction and oversight of a
California licensed Engineer or Architect. Plans submitted for building permits shall be "wet
stamped" and signed by the qualifying professional person.
21. Soils Report: Two copies of a current soils report, prepared to the satisfaction of the
Building Official, containing foundation and retaining wall design recommendations shall be
submitted with the building permit application. This report shall be prepared by a licensed
engineer specializing in soils mechanics.
22. Site Plan: Application for building permit shall include a competent site plan that identifies
property and proposed structures with dimensions and elevations as appropriate. Site plan
shall also include site drainage details.
23. Foundation Inspections: A pad certificate prepared by a licensed civil engineer or land
surveyor shall be submitted to the project building inspector upon foundation inspection.
This certificate shall certify compliance with the recommendations as specified in the soils
report and the building pad elevation and on-site retaining wall locations and elevations are
prepared according to approved plans. Horizontal and vertical controls shall be set and
certified by a licensed surveyor or registered civil engineer for the following items:
a. pad elevation
b. finish floor elevation (first floor)
c. foundation corner locations
24. Title 24 Energy Comoliance: California Title 24 Energy Compliance forms CF-1R and MF-
1R shall be blue-lined on the construction plans. 8'12 X 11 calculations shall be submitted as
well.
25. Special Insoections: When a special inspection is required by u.B.C. Section 1701, the
architect or engineer of record shall prepare an inspection program that shall be submitted to
the Building Official for approval prior to issuance of the building permits, in accordance
with U.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from
the Building Inspection Division Counter.
City Council Resolution
PLN2003-52 - 122 Shelley A venue- Reinstatement of Planned Development Permit
Page 6
26. Non-Point Source Pollution Control: The City of Campbell standard Santa Clara Valley
Non-point Source Pollution Control Program specification sheet shall be part of plan
submittal. The specification sheet (size 24" by 36") is available at the Building Division
service counter.
27. P.G.&E.: The applicant is advised to contact P.G.&E. as early as possible in the approval
process. Service installations, changes and/or relocations may require substantial scheduling
time and can cause significant delays in the approval process. The applicant should also
consult with P.G.&E. concerning utility easements, distribution pole locations and required
conductor clearances.
28. Aoorovals Required: The project requires the following agency approval prior to issuance of
the building permit:
a. West Valley Sanitation District (378-2407)
b. Santa Clara County Fire Department (378-4010)
c. Bay Area Air Quality Management District (Demolitions Only)
d. School District:
1. Campbell Union School District (378-3405)
11. Campbell Union High School District (371-0960)
iii. Moreland School District (379-1370)
iv. Cambrian School District (377-2103)
Note: To Determine your district, contact the offices identified above. Obtain the School
District payment form from the City Building Division, after the Division has approved
the building permit application.
PUBLIC WORKS DEPARTMENT
29. Tentative Map: The applicant shall submit a tentative map for review by the City. The
current application processing fee is $3,723.00.
30. Final Map: Prior to issuance of any grading or building permits for the project, the applicant
shall submit a final map for review by the City and recordation, upon approval by the City
Council. The current plan check fee is $1,600.00 plus $25 per lot. Effective July 1, 2003 the
plan check fee will increase to $3,200 plus $35 per parcel.
31. Preliminary Title Report: Upon submittal of the tentative map, the applicant shall provide a
current Preliminary Title Report.
32. Right-of-Way for Public Street Purposes: Upon recordation of the final map, the applicant
shall cause additional right-of-way to be granted for public street purposes along the Shelley
A venue frontage to accommodate a 30-foot half street. The applicant shall cause all
documents to be prepared by a registered civil engineerlland surveyor, as necessary, for the
City's review and recordation.
City Council Resolution
PLN2003-52 - 122 Shelley A venue- Reinstatement of Planned Development Permit
Page 7
33. Public Service Easement and Sidewalk Easement: Upon recordation of the final map, the
applicant shall grant a 10 foot public service easement and sidewalk easement on private
property contiguous with the public right-of-way along the Shelley A venue frontage. The
applicant shall cause all documents to be prepared by a registered civil engineerlland
surveyor, as necessary, for the City's review and recordation.
34. Private Easements: Upon recordation of the final map, the applicant shall cause private
easements to be recorded for private utilities, private storm drains, reciprocal ingress and
egress, emergency vehicles, etc. as necessary.
35. Monumentation for Final Map: Prior to recordation of the final map, the applicant shall
provide security for setting all monuments shown on the map.
36. Street Improvments: Upon recordation of the final map, the applicant shall execute a street
improvement agreement, cause plans for public street improvements to be prepared by a
registered civil engineer, pay various fees and deposits, post security and provide insurance
necessary to obtain an encroachment permit for construction of the standard public street
improvements, as required by the City Engineer. The fee for a non-utility encroachment
permit application is currently $260.00. The plans shall include the following:
a. Removal of the existing pavement and construction of new pavement to centerline.
b. Installation of curb, gutter, sidewalk and ADA compliant driveway approach.
c. Installation of street tree, irrigation and groundcover.
d. Construction of off-site storm drain facilities.
e. Construction of conforms to existing public and private improvements, as necessary.
37. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer
c1eanout(s) shall be installed on private property behind the public right-of-way line.
38. Soils Reoort: Prior to issuance of any grading or building permits for the site, applicant shall
provide a soils report prepared by a registered geotechnical or civil engineer.
39. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant
shall submit a utility coordination plan and schedule for approval by the City Engineer for
installation of street improvements and/or abandonment of all utilities. Streets, which have
been resurfaced within the previous five years, will require boring and jacking for all new
utility installations. Applicant shall also prepare pavement restoration plans for approval by
the City Engineer prior to any utility installation or abandonment.
40. Utilities: All new on-site utilities shall be installed underground per Section 20.36.150 of the
Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall
comply with all plan submittals, permitting and fee requirements of the serving utility
companies.
41. Grading and Drainage Plan: Prior to issuance of any grading or building permits for the site,
the applicant shall conduct hydrology studies based on a 10 year storm frequency, prepare an
City Council Resolution
PLN2003-52 - 122 Shelley A venue- Reinstatement of Planned Development Permit
Page 8
engineered grading and drainage plan, and pay fees required to obtain necessary grading
permits. The plans shall comply with the 1998 edition of the California Building Code
including Chapters 10, 11, 18, 33, and Appendix Chapter 33.
42. Storm Drain Area Fee: Prior to recordation of the final map, the applicant shall pay the
required Storm Drain Area fee of $2,250.00 per net acre, which is $1,078.00.
43. Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building
permits, the applicant shall comply with the National Pollution Discharge Elimination
System (NPDES) permitting requirements and the California Storm Water Best Management
Practices Handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley
Water District and the City of Campbell Municipal Code regarding Storm Water Pollution
Prevention. The City will provide the applicant with information to assist in complying with
this condition of approval. The primary objective is to improve the quality and reduce the
quantity of storm water runoff to the Bay.
44. Covenants. Conditions. and Restrictions: Provide copies of CC&Rs for review by the City
prior to recordation of the final map and CC&Rs.
45. Demolition: Prior to recording the final map, the applicant shall obtain a Demolition Permit
and remove any improvements as necessary.
FIRE DEPARTMENT
46. Formal Plan Review: Review of this development proposal is limited to accessibility of site
access and water supply as they pertain to fire department operations, and shall mot be
construed as a substitute for formal plan review to determine compliance with adopted model
codes. Prior to performing any work the applicant shall make application to, and receive
from, the Building Division all applicable construction permits.
47. Required Fire Flow: The fire flow for this project is 1,750 gpm at 20 psi residual pressure.
The required fire flow is available from area water mains and fire hydrant(s) which are
spaced at the required spacing.
48. Fire Aoparatus (Engine) Access Roads Required: Provide access roadways with a paved all
weather surface and a minimum unobstructed width of 20 feet, vertical clearance of 13 feet 6
inches, minimum circulating radius of 36 feet outside and 23 feet inside, and a maximum
slope of 15%. Installations shall conform with Fire Department Standard Details and
Specifications A-I.
49. Fire Department (Engine Roadwav Turnaround Required: Provide an approved fire
department engine roadway turnaround with a minimum radius of 36 feet outside and 23 feet
inside. Installations shall conform with Fire Department Standard Details and Specifications
A-I. Verify compliance with Standard A-I.
City Council Resolution
PLN2003-52 - 122 Shelley A venue- Reinstatement of Planned Development Permit
Page 9
50. Fire Lane Marking Reauired: Roadways deemed necessary to facilitate emergency vehicle
access shall be identified in accordance with Fire Department Standard Details and
Specifications A-6 and Local Government Standards.
51. Required Access to Water Suoolv (Hydrants): Portions of the structure(s) are greater than
150 feet of travel distance from the centerline of the roadway containing public fire hydrants.
Provide an on-site fire hydrant OR provide an approved fire sprinkler system throughout all
portions of the building. Note specifically units 2, 3, 4 and 5.
52. Premises Identification: Approved numbers or addresses shall be placed on all new and
existing buildings in such a position as to be plainly visible and legible from the street or
road fronting the property. Numbers shall contrast with their backgrounds.
PASSED AND ADOPTED this 5th day of August
vote:
, 2003, by the following roll call
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Watson, Kennedy, Dean, Burr, Furtado
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
APPRoJ) ~ ~~~
Daniel E. Furtado, Mayor
ATTEST:
a~ .&~
Anne Bybee, City Clerk
fI()flEGOltlG INSTp\"tENT 18 A. ~
It<< QC:>AAECl COPY OF lHll ~
NCD O--'C'"
oN "11.1 IN HilS ,b ~,
" . ANNE 6Vl),EE. en"f (ll.IM. om
. BELL, C I FoAAIA. ~ l..h.Jt..
RESOLUTION NO. 10228
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING A TENTATIVE SUBDMSION MAP
(pLN2003-67) TO ALLOW THE CREATION OF FIVE TOWNHOME
LOTS AND ONE COMMON LOT ON PROPERTY OWNED BY MR.
PELUSA BASTIDA LOCATED AT 122 SHELLEY A VENUE IN A P-D
(pLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION
OF MR. PELUSA BASTIDA. FILE NO. PLN2003-67.
After notification and public hearing, as specified by law, and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the City Council did find as follows with
respect to application PLN2003-67:
1. There have been no changes in the project plans, site, physical environmental conditions, or
environmental setting that would result in significant environmental impacts not anticipated
at the time of the adoption of the Negative Declaration.
2. There have been no changes in the development standards or regulations that would warrant
changes to the conditions of approval.
3. There have been no changes in the General Plan and the Zoning of the property since the
previous approval of the project.
4. The provisions of the Covenants, Conditions and Restrictions are necessary to ensure the
long-term property maintenance and continued architectural integrity of the project.
5. The Tentative Subdivision Map has been distributed to local agencies, including Pacific Gas
and Electric, West Valley Sanitation District, Santa Clara Valley Transportation Authority'
and the Santa Clara Valley Water District. None of these agencies raised any concerns about
providing services to the project.
Based upon the foregoing findings of fact, the City Council further finds and concludes that:
1. The proposed Tentative Subdivision Map is consistent with the General Plan and Zoning
Ordinance of the City.
2. The proposed Tentative Subdivision Map does not impair the balance between the housing
needs of the region and the public service needs of its residents and available fiscal and
environmental resources.
3. The design of the Tentative Subdivision Map provides, to the extent feasible, for future
passive or natural heating and cooling opportunities.
City Council Resolution
PLN2003-67 -122 Shelley Avenue- Tentative Subdivision Map
Page 2
4. The development and uses will be compatible with the General Plan of the City and will aid
in the harmonious development of the immediate area.
5. There is a reasonable relationship and a rough proportionality between the conditions of
approval and the impacts of the project.
6. There is a reasonable relationship between the use of the fees imposed upon the project and
the type of development project.
7. No substantial evidence has been presented from which a reasonable argument could be
made that shows that the project, as currently presented and subject to the required conditions
of approval, will have a significant adverse impact on the environment.
NOW, THEREFORE, BE IT RESOLVED that the City Council approves a Tentative
Subdivision Map (pLN2003-67) to allow the creation of five townhome lots and one common lot
on property owned by Mr. Pelusa Bastida located at 122 Shelley A venue, subject to the
following conditions:
Where approval by the Director of Community Development, City Engineer, Public Works
Director, City Attorney or Fire Department is required, that review shall be for compliance with
all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and
regulations and accepted engineering practices for the item under review. 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.
CO~TYDEVELOPMENTDEPARTMENT
Planning Division:
1. Aooroved Proiect: Approval is granted for a Tentative Subdivision Map to create five
townhouse lots and one common lot located at 122 Shelley Avenue. The Subdivision Map
shall substantially conform to the Tentative Subdivision Map prepared by Kirkeby
Engineering and dated as received by the Planning Division on May 20,2003, except as may
be modified by the conditions of approval herein.
2. Aooroval Exoiration: The Tentative Subdivision Map approval is valid for a period of two
years from the date of final City Council approval unless an extension is granted prior to the
expiration date.
3. Tentative Subdivision Map: The Planned Development Permit approval is contingent upon
recordation of the Final Subdivision Map to divide the subject property. The Final
Subdivision Map shall be recorded prior to the issuance of building permits.
4. Park Imoact Fee: A park impact fee of $7,035 per unit is due upon development of the
townhouse project. Based on the development of 5 units, a total of $35,175 shall be paid to
City Council Resolution
PLN2oo3-67 -122 Shelley Avenue- Tentative Subdivision Map
Page 3
the City. Credit in the amount of $10,990 will be given for the existing single-family
residence. Prior to recordation of the Final Subdivision Map, 75% of this fee is due. The
remaining 25% is due prior to issuance of a certificate of building occupancy.
5. Prooerty Maintenance: The property is to be maintained free of any combustible trash,
debris and weeds until the time that actual construction commences. All existing structures
shall be secured by having windows boarded up and doors sealed shut, or be demolished or
removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). Prior
to demolition, the property would require inspection and vermin abatement program.
6. Tree Protection Plan: A tree protection plan shall be submitted prior to issuance of a building
permit in accordance with the City's water Efficient Landscape Standards (WELS) for any
trees to be retained on site.
7. Covenants. Codes and Restrictions: The applicant shall submit a draft copy of the
Covenants, Conditions and Restrictions (CC&R's) to the Planning Division for approval by
the Community Development Director and City Attorney, prior to the recordation of the
Final Subdivision Map, which provide for:
a. Formation of a Homeowner's Association to ensure the long-term maintenance of
buildings and property.
b. Continued architectural controls to ensure the architectural integrity of the project.
c. Definition of common areas to be maintained and provision of maintenance for these
areas.
d. Provision of a funding mechanism to ensure maintenance and upkeep of common areas
and shared building walls and roofs to be repaired, repainted, and/or replaced as
necessary .
e. Provision to provide on-going maintenance of the required landscaping for the project.
f. Provision for the availability of interior garage space for the parking of two vehicles at all
times.
g. Provision to prohibit the use of parking spaces for storage purposes, including boats,
trailers, and recreational vehicles.
PUBLIC WORKS DEPARTMENT
8. Tentative Map: The applicant shall submit a tentative map for review by the City. The
current application processing fee is $3,723.00.
9. Final Map: Prior to issuance of any grading or building permits for the project, the applicant
shall submit a final map for review by the City and recordation, upon approval by the City
Council. The current plan check fee is $1,600.00 plus $25 per lot. Effective July 1, 2003 the
plan check fee will increase to $3,200 plus $35 per parcel.
10. Preliminary Title Reoort: Upon submittal of the tentative map, the applicant shall provide a
current Preliminary Title Report.
City Council Resolution
PLN2003-67 -122 Shelley Avenue- Tentative Subdivision Map
Page 4
11. Right-or-Way for Public Street Purposes: Upon recordation of the final map, the applicant
shall cause additional right-of-way to be granted for public street purposes along the Shelley
Avenue frontage to accommodate a 30-foot half street. The applicant shall cause all
documents to be prepared by a registered civil engineerJland surveyor, as necessary, for the
City's review and recordation.
12. Public Service Easement and Sidewalk Easement: Upon recordation of the final map, the
applicant shall grant a lO-foot public service easement and sidewalk easement on private
property contiguous with the public right-of-way along the Shelley Avenue frontage. The
applicant shall cause all documents to be prepared by a registered civil engineer/land
surveyor, as necessary, for the City's review and recordation.
13. Private Easements: Upon recordation of the final map, the applicant shall cause private
easements to be recorded for private utilities, private storm drains, reciprocal ingress and
egress, emergency vehicles, etc. as necessary.
14. Monumentation for Final Mal': Prior to recordation of the final map, the applicant shall
provide security for setting all monuments shown on the map.
15. Street Improvrnents: Upon recordation of the final map, the applicant shall execute a street
improvement agreement, cause plans for public street improvements to be prepared by a
registered civil engineer, pay various fees and deposits, post security and provide insurance
necessary to obtain an encroachment permit for construction of the standard public street
improvements, as required by the City Engineer. The fee for a non-utility encroachment
permit application is currently $260.00. The plans shall include the following:
a. Removal of the existing pavement and construction of new pavement to
centerline.
b. Installation of curb, gutter, sidewalk and ADA compliant driveway approach.
c. Installation of street tree, irrigation and groundcover.
d. Construction of off-site storm drain facilities.
e. Construction of conforms to existing public and private improvem~nts, as
necessary .
16. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer
cleanout(s) shall be installed on private property behind the public right-of-way line.
17. Soils Report: Prior to issuance of any grading or building permits for the site, applicant shall
provide a soils report prepared by a registered geotechnical or civil engineer.
18. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant
shall submit a utility coordination plan and schedule for approval by the City Engineer for
installation of street improvements and/or abandonment of all utilities. Streets, which have
been resurfaced within the previous five years, will require boring and jacking for all new
utility installations. Applicant shall also prepare pavement restoration plans for approval by
the City Engineer prior to any utility installation or abandonment.
City Council Resolution
PLN2003-67 -122 Shelley Avenue- Tentative Subdivision Map
Page 5
19. Utilities: All new on-site utilities shall be installed underground per Section 20.36.150 of the
Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall
comply with all plan submittals, permitting and fee requirements of the serving utility
companies.
20. Grading and Drainage Plan: Prior to issuance of any grading or building permits for the site,
the applicant shall conduct hydrology studies based on a 10 year storm frequency, prepare an
engineered grading and drainage plan, and pay fees required to obtain necessary grading
permits. The plans shall comply with the 1998 edition of the California Building Code
including Chapters 10, 11, 18,33, and Appendix Chapter 33.
21. Storm Drain Area Fee: Prior to recordation of the final map, the applicant shall pay the
required Storm Drain Area fee of $2,250.00 per net acre, which is $1,078.00.
22. Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building
permits, the applicant shall comply with the National Pollution Discharge Elimination
System (NPDES) permitting requirements and the California Storm Water Best Management
Practices Handbook prepared by. the Storm Water Quality Task Force, Santa Clara Valley
Water District and the City of Campbell Municipal Code regarding Storm Water Pollution
Prevention. The City will provide the applicant with information to assist in complying with
this condition of approval. The primary objective is to improve the quality and reduce the
auantity of storm water runoff to the Bav.
23. Covenants. Conditions. and Restrictions: Provide copies of CC&Rs for review by the City
prior to recordation of the final map and CC&Rs.
24. Demolition: Prior to recording the final map, the applicant shall obtain a Demolition Permit
and remove any improvements as necessary.
PASSED AND ADOPTED this l)t-h day of August
vote:
, 2003, by the following roll call
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Watson, Kennedy, Dean, Burr, Furtado
None
None
None
APPROVED
ATTEST:
~
lIS FOR!!GOfflO fNSTl'lUMENT f9 A 1'JIIlIIIIE'
AND CORRECT COP'{ OF Ttl!! 0fUG1....
()liII FILE IN THIS OFFICE.
: ANNE BYnEE. crN CLERK. CITY
MPBELL, CALIFORNIA.
6b~
Anne Bybee, City Clerk
RESOLUTION NO. 10229
BEING A RESOLUTION OF THE CITY COUNCIL THE CITY OF
CAMPBELL APPROVING A TREE REMOV AL PERMIT (PLN2003-82)
TO ALLOW THE REMOVAL OF NINE TREES ON PROPERTY
OWNED BY MR. PELUSA BASTIDA LOCATED AT 122 SHELLEY
A VENUE IN A P-D (pLANNED DEVELOPMENT) ZONING
DISTRICT. APPLICATION OF MR. PELUSA BASTIDA. FILE NO.
PLN2003-82.
After notification and public hearing, as specified by law, and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the City Council did find as follows with
respect to application PLN2003-82:
1. There have been no changes in the project plans, site, physical environmental conditions, or
environmental setting that would result in significant environmental impacts not anticipated
at the time of the adoption of the Negative Declaration.
2. There have been no changes in the development standards or regulations that would warrant
changes to the conditions of approval.
3. There have been no changes in the General Plan and the Zoning of the property since the
previous approval of the project.
4. The proposed removal of nine existing trees on site is necessary as it restricts the economic
enjoyment of the property and creates an unusual hardship for the property owner to develop
the project as proposed.
5. The removal of some of the existing trees on site is proposed due to the poor condition of the
trees as indicated in the certified arborist report submitted by the applicant; the other trees to
be removed on site are not protected under the City's Tree Protection Ordinance.
Based upon the foregoing findings of fact, the City Council further finds and concludes that:
1. The retention of the trees restricts the economic enjoyment of the property and creates an
unusual hardship for the property owner by severely limiting the use of the property in a
manner not typically experienced by owners of similarly zoned and situated properties, and
the applicant has demonstrated to the satisfaction of the Planning Commission that there are
no reasonable alternatives to preserve the trees due to the number of site constraints of the
infill site.
2. No substantial evidence has been presented from which a reasonable argument could be
made that shows that the project, as currently presented and subject to the required conditions
of approval, will have a significant adverse impact on the environment.
City Council Resolution
PLN2003-82 -- 122 Shelley A venue- Tree Removal Permit
Page 2
3. There is a reasonable relationship and a rough proportionality between the conditions of
approval and the impacts of the project.
NOW, THEREFORE, BE IT RESOLVED that the City Council approves a Tree Removal
Permit (pLN2003-82) to allow the removal of nine trees on property owned by Mr. Pel usa
Bastida located at 122 Shelley A venue, subject to the following conditions:
Where approval by the Director of Community Development, City Engineer, Public Works
Director, City Attorney or Fire Department is required, that review shall be for compliance with
all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and
regulations and accepted engineering practices for the item under review. Additionally, the
applicant is hereby notified that he/she is required to comply with all applicable Codes or
Ordinances of the City of Campbell and the State of California that pertain to this development
and are not herein specified.
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division:
1. Aooroved Permit: Approval is granted for a Tree Removal Permit to allow the removal of
nine trees on property located at 122 Shelley Avenue. This permit shall be valid only in
conjunction with the Reinstatement of Approval (pLN2003-52) for a previously approved
Planned Development Permit.
2. Replacement Trees: The applicant shall be required to provide replacement trees for the trees
approved to be removed, in accordance with the replacement ratio requirements of the City's
Tree Protection Ordinance. The location and species of these trees shall be shown on the
detailed landscape and irrigation plans that shall be submitted to the Planning Division for
review and approval by the Community Development Director, prior to the issuance of
building permits. The proposed replacement trees shall continue the diversity of tree species
found in the community and shall be a species listed in the City's Water Efficient
Landscaping Standards (WELS).
City Council Resolution
PLN2003-82 -- 122 Shelley A venue- Tree Removal Permit
Page 3
PASSED AND ADOPTED this 5th day of
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
August , 2003, by the following roll call
Watson, Kennedy, Dean, Burr, Furtado
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
None
None
None
APPROVED:
Daniel E. Furta 0, Mayor
ATIEST: ~
Anne ybee, City Clerk
~ F'ORroomQ '~ISTRUM"NT IS A mlJ5'
ANO CORRECT COP'( OF THE ORIGiNAL
Ol~ filE IN,:'::'c-nCl:
{:J(J.JL.
J
<-
, '! I "I ( tll/llll)/'//
City
Council -
Report
ITEM NO:
CATEGORY:
MEETING DATE:
18.
Public Hearing
August 5, 2003
TITLE
Public Hearing to consider the application of Mr. PeLusa Bastida, for the
Reinstatement (pLN2003-52) of a previously approved Planned Development
Permit to allow the construction of a tive-unit townhome development, a
Tentative Subdivision Map (pLN2003-67) to allow the creation of five
townhome lots and one common lot and a Tree Removal Permit (pLN2003-S2)
to allow the removal of nine trees on property owned by Mr. PeLusa Bastida,
located at 122 Shelley Avenue in a P-D (planned Development) Zoning District.
CITY COUNCIL ACTION
The Planning Commission recommends that the City Council take the following actions:
1. Adopt a Resolution approving a Reinstatement (PLN2003-52) of a previously approved
Planned Development Permit (pLN2000-34) to allow the construction of 5 townhomes,
subject to the attached conditions of approval; and
2. Adopt a Resolution approving a Tentative Subdivision Map (PLN2003-67) to allow the
creation of 5 townhome lots and one common lot, subject to the attached conditions of
approval; and
3. Adopt a Resolution approving a Tree Removal Permit (PLN2003-82) to allow the removal
of nine existing trees, subject to the attached conditions of approval.
ENVIRONMENTAL DETERMINATION
In accordance with CEQA, the City conducted an Initial Study for this project. The results of the
study determined that no significant impacts would be created as a result of this project. Based
upon the information provided in the environmental assessment, the City Council granted a
Negative Declaration. There have been no changes to the project or the environment of the
project that would warrant further environmental analysis.
BACKGROUND
The proposed project consists of a Reinstatement of a previously approved Planned Development
Permit to allow the construction of five townhomes, a Tentative Subdivision Map to allow the
creation of five townhome lots and one common lot and a Tree Removal Permit--to allow the
removal of nine existing trees on property located 122 Shelley Avenue.
The project site is located on the south side of Shelley Avenue, west of Bascom A venue and east
of White Oaks Road. The project is surrounded by a single-family residence and multiple-family
residences to the north across Shelley Avenue, multiple-family residences to the south and
townhomes to the east and west of the subject property.
City Council Report Page 2
PLN2003-52, PLN2003-67 & PLN2003-82 - 122 Shelley Avenue
Planned Development Permit Reinstatement, Tentative Subdivision Map & Tree Removal Permit
The Planning Commission at its meeting of April 11, 2000 adopted Resolution No. 3268
recommending approval of a Zone Change from R-M-S (Multiple Family Residential) to P-D
(Planned Development), Resolution No. 3270 recommending approval of a Planned
Development Permit and a Tree Removal Permit to allow the construction of five townhomes on
the project site and Resolution No. 3269 recommending approval of a Tentative Subdivision
Map to allow the creation of five townhome parcels and one common parcel. The City Council,
subsequently, adopted Ordinance 1986 approving the Zone Change, Resolution No. 9676
approving the Planned Development Permit and Resolution No.9675 approving the Tentative
Subdivision Map.
The Planned Development Permit and Tentative Subdivision Map approval expired in May of
2002. The applicant is requesting approval for a reinstatement of the previously approved
Planned Development Permit, approval of a Tentative Subdivision Map and Tree Removal
Permit. No changes are proposed to the project from the plans previously recommended for
approval by the Planning Commission. There have been no changes to the development
standards or regulations that would warrant changes to the conditions of approval.
The Planning Commission, at its meeting of July 8, 2003, forwarded a recommendation to the
City Council by a 6-0 vote, with one commissioner absent, to approve a Planned Development
Permit Reinstatement, Tentative Subdivision and Tree Removal Permit.
ANALYSIS
Reinstatement of the Planned Development Permit: The application for the Reinstatement to the
previously approved Planned Development Permit (PLN 2000-34) does not entail any revisions
to the previously approved plans.
General Plan Designation: The General Plan land use designation for the project site is Low-
Medium Density Residential (6-13 units per gross acre). The proposed residential townhome
project is compatible with this land use designation.
Zoning Designation: The zoning designation for the project site is P-D (planned Development).
The Zoning Code requires that all townhome developments in the City are located within a P-D
Zoning District. The proposed project is consistent with the P-D Zoning District with approval
of a Reinstatement to a previously approved Planned Development Permit
Tentative Subdivision Map: The applicant is requesting approval of a Tentative Subdivision
Map to subdivide the property into five residential lots and one common lot. The common lot
would consist of a common access driveway, shared parking spaces and landscaping.
A condition of approval has been added that requires the applicant to submit a draft copy of the
Covenants, Conditions and Restrictions (CC&Rs) which provide for the formation of a
homeowner's association to ensure the long-term maintenance of the common access driveway,
shared parking spaces and landscaping. The draft CC&R's will be submitted prior to recordation
of the Parcel Map, for review and approval by the Community Development Director and City
City Council Report Page 3
PLN2003-52, PLN2003-67 & PLN2003-82 - 122 Shelley Avenue
Planned Development Permit Reinstatement, Tentative Subdivision Map & Tree Removal Permit
Attorney.
Architecture: No changes are proposed to the architecture or building design from the plans
previously recommended for approval by the Planning Commission.
LandscapingfTree Removal: No changes are proposed to the LandscapingfTree Removal Permit
request from the plans previously recommended for approval by the Planning Commission. In
order to address privacy concerns with the adjacent properties, the Community Development
Department will contact the adjacent residlnces prior to approval of the final Landscape Plan.
rQ,D \ o.~-ti;
AL TERNA TIVES
1. Approve the proposed project subject to additional and/or modified conditions of approval.
2. Deny the proposed project.
3. Continue for further review.
FISCAL IMPACTS
None.
Attachments:
1. Draft City Council Resolution (planned Development Permit Reinstatement)
2. Draft City Council Resolution (Tentative Subdivision Map)
3. Draft City Council Resolution (Tree Removal Permit)
4. Planning Commission Resolutions and Meeting Minutes
5. Planning Commission Staff Report including Attachments, Project Plans, Negative
Declaration/Initial Study, Arborist Report, Staff Report from April 11, 2000 Planning
Commission Meeting and Location Map
Prepared by:
~~~
Melinda Denis, Planner I
~ ~'.
a/un1 ~
~
Reviewed by:
Approved by:
Sharon Fierro, Community Development Director
~MM~cr
Planning Commission Minutes 'uly 8, 2003
Page 7
5. PLN2003-52
Bastida, P.
Public Hearing to consider the application of Mr. Pelusa Bastida for
the Reinstatement (PLN2003-52) of a previously approved Planned
Development Permit to allow the construction of a five-unit
townhome development; a Tentative Subdivision Map (pLN2003-
67) to allow the creation of five townhome lots and one common
lot and a Tree Removal Permit (pLN2003-82) to allow the removal
of nine trees on property owned by Mr. Pel usa Bastida located at
122 Shelley Avenue in a P-D (planned Development) Zoning
District. A Negative Declaration was previously approved for this
project. Tentative City Council Meeting Date: August 5, 2003.
Project Planner: Melinda Denis, Planner I
Ms. Melinda Denis, Planner I, presented the staff report as follows:
. Advised that the applicant is seeking approval of a Reinstatement to a previously approved
Planned Development Permit, a Tentative Subdivision Map and a Tree Removal Permit to
allow the construction of a five-unit townhome development on property located on the
south side of Shelley A venue.
. Said that the Tentative Subdivision Map would create five townhome lots and one common
lot. The common lot would consist of the access driveway and common landscaping.
. Informed that on April 11, 2000, the Planning Commission recommended approval of a
Zone Change, Planned Development Permit, Tentative Subdivision Map and Tree Removal
Permit for this parcel, which Council approved. The Planned Development Permit and
Tentative Subdivision Map approval expired in May.
. Stated that there are no changes proposed to the previous approval and no new
environmental. impacts.
. Said that a Condition of Approval requires that the applicant submit a final landscape plan
prior to issuance of Building permits. Additionally, a draft copy of CC&Rs must be
provided prior to recordation of the final map.
. Recommended approval.
Commissioner Gibbons presented the Site and Architectural Review Committee report as
follows:
. Advised that SARC reviewed this project June 14th and was supportive.
Chair Hernandez opened the Public Hearing for Agenda Item No.5.
Ms. Maureen Richards, 130 Shelley Avenue, Campbell:
. Pointed out that the buildings were to have been moved by two feet further from the
driveway in order to leave sufficient room to preserve existing shrubbery that acts as
screening between this property and her complex.
Senior Planner Gooff I. Bradley agreed that much discussion, the driveway area was widened
out to accommodate some of the existing shrubbery.
Ms. Maureen Richards said that neighbors were to have been consulted as to which specific
shrubs were to be retained since all the shrubs cannot be retained.
Planning Commission Minutes _~ July 8, 2003
Page 8
Senior Planner Geoff I. Bradley advised that staff could meet with the developer and neighbors
to work this out.
Ms. Maureen Richards sought assurance that this would occur prior to removal of any of the
shrubbery.
Senior Planner Geoff I. Bradley replied yes.
Ms. Maureen Richards said that she would be very upset to simply see these shrubs gone one
day.
Chair Hernandez suggested adding or amending a Condition of Approval to deal with this
detail.
Commissioner Gibbons pointed out that the Conditions require that a landscape plan must be
finalized with the Planning Department prior to issuance of demolition and/or building permits.
Senior Planner Geoff I. Bradley said that is correct and added that both the final landscape plan
and a tree protection plan are required prior to construction.
Ms. Maureen Richards asked how she could be involved in this process.
Senior Planner Geoff I. Bradley said she should leave contact information with staff.
Ms. Maureen Richards said that she is also concerned about the potential for rat infestation
since this home has sat vacant for a long time. Asked if pest inspection is required as she also
does not want to experience termite infestation as a result of demolition of this site.
Chair Hernandez said he was not aware of any pest control requirements in such a situation.
Director Sharon Fierro said that she had required vermin abatement for the Rolling Hills
Shopping Center, as that property was known to have a rat infestation. That requirement was
added as a Condition of Approval.
Ms. Maureen Richards said she is happy to see new development on this site, as it will enhance
neighboring properties. Said she loves trees and disagrees that the trees on this property are
dying but rather they could live a lot longer in her personal opinion.
Commissioner Gibbons suggested adding language to the Property Maintenance Condition to
read, "Prior to demolition, the property would require inspection and vermin abatement
program. "
Motion:
Upon motion of Commissioner Gibbons, seconded by Commissioner
Rocha, the Planning Commission took the following action:
· Adopted Resolution No. 3517 recommending approval of a
Reinstatement (pLN2003-52) of a previously approved Planned
Development Permit to allow the construction of a five-unit townhome
development, with the amendment to Condition #19;
Planning Commission Minutes 'uly 8, 2003
Page 9
· Adopted Resolution No. 3518 recommending approval of a Tentative
Subdivision Map (pLN2003-67) to allow the creation of five townhome
lots and one common lot,
· Adopted Resolution No. 3519 recommending approval of a Tree
Removal Permit (pLN2003-82) to allow the removal of nine trees,
on property owned by Mr. Pelusa Bastida located at 122 Shelley A venue,
by the following roll call vote:
A YES: Alderete, Francois, Gibbons, Hernandez, Jones and Rocha
NOES: None
ABSENT: Doorley
ABSTAIN: None
Chair Hernandez advised that Council would consider this item on August 5th for final action.
***
REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
The written report of Ms. Sharon Fierro, Community Development Director, was accepted as
presented with the following additions:
· Advised that the Police Department processed Live Entertainment Permits through the City
Council for both the Gaslighter Theatre and American Legion.
· Said that the next Planning agenda includes one item.
ADJOURNMENT
The Planning Commission meeting adjourned at 8:08 p.m. to the next Regular Public Hearing
on July 22, 2003, in the Council Chambers, City Hall, 70 North First Street, Campbell,
California.
SUBMITIED BY:
~
Corinne A. Shinn, Recording Secretary
APPROVED BY:
Joseph Hernandez, Chair
ATTEST:
A~
. "S'fGron Fierro, Secretary
",'--,
o'i:' CAI11/.l
::.... ," '" <s'>~
!-.. .. 'r--
V r-
CAMPBELL
.A
'$",
.>..
"-
,-'
..-
L_",
o
ORCH'" "'<)
CITY OF ,CAMPBELL
Community Development Department
July 10, 2003
Pelusa Bastida 1~
75 S. tit Street
San Jose, CA 95112
Re: PLN2002-52/67/82 -122 Shelley Avenue
ReinstatementlTentative Subdivisionffree Removal Permit
Dear Applicant:
Please be advised that at its meeting of July 8, 2003, the Planning COmmission took the
following actions:
1. Adopted Resolution No. 3517 recommending approval of a Reinstatement (PLN2003-52) of
a previously approved Planned Development Permit to allow the construction of five new
townhomes;
2. Adopted Resolution No. 3518 recommending approval of a Tentative Subdivision Map
(PLN2003-67) to allow the creation of five residential townhome lots and one common lot;
and
3. Adopted Resolution No. 3519 recommending approval of a Tree Removal Permit (PLN2003-
27) to allow the removal of nine trees onthe above referenced property.
This project will be reviewed by Council for final approval at its meeting of August 5, 2003. If you have
any questions, please do not hesitate to contact me at (408) 866-2140.
Sincerely,
~~~ m:
Planner I
408 8662140 . FAX 408_871.5140 - TDlJ 408.866.2790
70 North First Street . Campbell, California 95008-1436 . TEL . .
---
RESOLUTION NO. 3517
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL RECOMMENDING APPRO V AL OF A
REINSTATEMENT (PLN2003-52) OF A PREVIOUSLY APPROVED
PLANNED DEVELOPMENT PERMIT TO ALLOW THE
CONSTRUCTION OF FIVE NEW TOWNHOMES ON PROPERTY
OWNED BY MR. PELUSA BASTIDA LOCATED AT 122 SHELLEY
A VENUE IN A P-D (PLANNED DEVELOPMENT) ZONING
DISTRICT. APPLICATION OF MR. PELUSA BASTIDA. FILE NO.
PLN2003-52.
After notification and public hearing, as specified by law, and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the Planning Commission did find as follows
with respect to application PLN2003-52:
1. There have been no changes in the project plans, site, physical environmental conditions, or
environmental setting that would result in significant environmental impacts not anticipated
at the time of the adoption of the Negative Declaration.
2. There have been no changes in the development standards or regulations that would warrant
changes to the conditions of approval.
3. There have been no changes in the General Plan and the Zoning of the property since the
previous approval of the project.
4. Land uses surrounding the project site include residential to the north, south, east and west.
5. The design of the building is compatible in scale with the adjacent buildings, relates well
with the surrounding residential neighborhood, is well articulated and utilizes high quality
building materials.
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The proposed development will result in a more desirable environment and use of the land
than would be possible under any other zoning classification.
2. The development will be compatible with the General Plan of the City and will aid in the
harmonious development of the immediate area.
3. The proposed development will not result in allowing more residential units than would be
allowed by other residential zoning districts which are consistent with the general plan
designation of the property.
-
Planning Commission Resol~.lon No. 3517
PLN2003-52 - 122 Shelley Avenue- Reinstatement of Planned Development Permit
Page 2
4. The development will be compatible with the Zoning Code of the City.
5. The proposed development will not be detrimental to the health, safety or welfare of the
neighborhood or the City as a whole.
6. There is a reasonable relationship and a rough proportionality between the conditions of
approval and the impacts of the project.
7. There is a reasonable relationship between the use of the fees imposed upon the project and
the type of development project.
8. No substantial evidence has been presented from which a reasonable argument could be
made that shows that the project, as currently presented and subject to the required conditions
of approval, will have a significant adverse impact on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval
of a Reinstatement (PLN2003-52) of a previously approved Planned Development Permit to
allow the construction of five new townhomes on property owned by Mr. Pelusa Bastida located
at 122 Shelley A venue, subject to the following conditions:
Where approval by the Director of Community Development, City Engineer, Public Works
Director, City Attorney or Fire Department is required, that review shall be for compliance with
all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and
regulations and accepted engineering practices for the item under review. Additionally, the
applicant is hereby notified that he/she is required to comply with all applicable Codes or
Ordinances of the City of Campbell and the State of California that pertain to this development
and are not herein specified.
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division:
1. Aporoved Proiect: Approval is granted to construct a five unit townhouse development
consisting of 2 two-story buildings.. The building design and site design shall substantially
conform to the project exhibits listed below, except as may be modified by the conditions of
approval herein:
a. Project plans prepared by Glen Cahoon and dated as received by the Planning Division
on April 29, 2003, including a site planllandscape plan and building elevations.
b. Color and material boards submitted by Glen Cahoon.
c. Tentative Subdivision Map and Preliminary Grading Plan prepared by Kirkeby
Engineering and dated as received by the Planning Division on May 20,2003.
2. Permit Exoiration: The Reinstatement of Approval is valid for a period of two years from the
date of final City Council approval. A building permit must be obtained within this two-year
period or the Reinstatement of Approval shall be void.
~
Planning Commission Reso1....10n No. 3517
PLN2003-52 - 122 Shelley Avenue- Reinstatement of Planned Development Permit
Page 3
3. Tentative Subdivision Map: The Reinstatement of Approval is contingent upon recordation
of the Final Subdivision Map to divide the subject property. The Final Subdivision Map shall
be recorded prior to the issuance of building permits.
4. Park Imoact Fee: A park impact fee of $7,035 per unit is due upon development of the
townhouse project. Based on the development of 5 units, a total of $35,175 shall be paid to
the City. Credit in the amount of $10,990 will be given for the existing single-family
residence. Prior to recordation of the Final Subdivision Map, 75% of this fee is due. The
remaining 25% is due prior to issuance of a certificate of building occupancy.
5. Covenants. Codes and Restrictions: The applicant shall submit a draft copy of the
Covenants, Conditions and Restrictions (CC&R's) to the Planning Division for approval by
the Community Development Director and City Attorney, prior to the recordation of the
Final Subdivision Map, which provide for:
a. Formation of a Homeowner's Association to ensure the ~ong-term maintenance of
buildings and property.
b. Continued architectural controls to ensure the architectural integrity of the project.
c. Definition of common areas to be maintained and provision of maintenance for these
areas.
d. Provision of a funding mechanism to ensure maintenance and upkeep of common areas
and shared building walls and roofs to be repaired, repainted, and/or replaced as
necessary.
e. Provision to provide on-going maintenance of the required landscaping for the project.
f. Provision for the availability of interior garage space for the parking of two vehicles at all
times.
g. Provision to prohibit the use of parking spaces for storage purposes, including boats,
trailers, and recreational vehicles.
6. Landscaoing: The applicant shall submit four sets of a final landscape and irrigation plan to
the Planning Division, prior to the issuance of building permits, for review and approval by
the Community Development Director. The landscape and irrigation plan shall substantially
conform with the approved conceptual landscape plan and the City's Water Efficient
Landscaping Standards (WELS).
7. Tree Removal: The applicant shall be permitted to remove nine trees on site as specified in
the applicant's Tree Removal Permit application, based upon the information provided by the
applicant and the certified arborist report submitted with the application.
8. Tree Replacement: The applicant shall be required to provide replacement trees for the trees
approved to be removed, in accordance with the replacement ratio requirements of the City's
tree Protection Ordinance.
9. Tree Protection Plan: The applicant shall submit a tree protection plan for any trees to be
retained on site and shall contain specific information about the preservation of the trees
during any grading or building on site. Such tree protection measures shall be installed prior
Planning Commission Resoh..lon No. 3517
PLN2003-52 - 122 Shelley A venue- Reinstatement of Planned Development Permit
Page 4
to any demolition, grading, or building on the project site. No construction or trenching shall
take place within the drip line of trees and a fence constructed of temporary cyclone fencing
or wire mesh securely attached to poles driven into the ground shall be installed around the
dripline of the tree. All trimming or branch removal from protected trees shall be completed
by a certified arborist. The tree protection plan shall be submitted to the Planning Division
for review and approval by the Community Development Director prior to the issuance of
building permits.
10. Parking: and Drivewavs: All parking and driveway areas shall be developed in compliance
with Chapter 21.50 of the Campbell Municipal Code and the approved project plans. Project
details include, but are not limited to the following:
a. The applicant shall provide decorative pavement within the driveway and in front of the
garages where uncovered parking spaces are provided in the development. The design
and materials to be used for the decorative pavement shall be reviewed and approved by
the Community Development Director prior to issuance of building permits for the
project.
11. Fences: Any newly proposed fencing and/or walls shall comply with Section 21.59.090 of
the Campbell Municipal Code and shall be reviewed and approved by the Community
Development Director prior to issuance of any building permits for the project.
12. Prooertv Maintenance: The property is to be maintained free of any combustible trash,
debris and weeds until the time that actual construction commences. All existing structures
shall be secured by having windows boarded up and doors sealed shut, or be demolished or
removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). Prior
to demolition, the property would require inspection and vermin abatement program.
13. Utilitv Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to
installation of PG&E transformers and San Jose Water Company back-flow preventers,
indicating the location of the facilities and screening (if the facilities are above ground) for
approval by the Community Development Director.
14. On-site lighting:: On-site lighting shall be shielded away from adjacent properties and
directed on site. The design and type of lighting fixtures and lighting intensity of any
proposed exterior lighting for the project shall be reviewed and approved by the Community
Development Director prior to issuance of any building permits for the project. Lighting
fixtures shall be of a decorative design to be compatible with the development and shall
incorporate energy saving features.
15. Trash Disposal/Recycling: The applicant shall submit details regarding the design and
location of trash disposaVrecycling facilities to the City for review and approval prior to
issuance of building permits.
16. Garages: Garages shall be maintained at all times in such a way that they are available for
the parking of automobiles.
Planning Commission Resol...don No. 3517
PLN2003-52 - 122 Shelley A venue- Reinstatement of Planned Development Permit
Page 5
Building Division:
17. Permits Reauired: A building permit application shall be required for each proposed new
living unit/structure. The building permit shall include Electrica1lPlumbinglMechanical fees
when such work is part of the permit.
18. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of
construction plans submitted for building permit.
19. Size of Plans: The size of construction plans submitted for building permits shall be 24
inches by 36 inches.
20. Plan Preoaration: This project requires plans prepared under the direction and oversight of a
California licensed Engineer or Architect. Plans submitted for building permits shall be "wet
stamped" and signed by the qualifying professional person.
21. Soils Reoort: Two copies of a current soils report, prepared to the satisfaction of the
Building Official, containing foundation and retaining wall design recommendations shall be
submitted with the building permit application. This report shall be prepared by a licensed
engineer specializing in soils mechanics.
22. Site Plan: Application for building permit shall include a competent site plan that identifies
property and proposed structures with dimensions and elevations as appropriate. Site plan
shall also include site drainage details.
23. Foundation Inspections: A pad certificate prepared by a licensed civil engineer or land
surveyor shall be submitted to the project building inspector upon foundation inspection.
This certificate shall certify compliance with the recommendations as specified in the soils
report and the building pad elevation and on-site retaining wall locations and elevations are
prepared according to approved plans. Horizontal and vertical controls shall be set and
certified by a licensed surveyor or registered civil engineer for the following items:
a. pad elevation
b. finish floor elevation (first floor)
c. foundation corner locations
24. Title 24 Energy Compliance: California Title 24 Energy Compliance forms CF-1R and MF-
1R shall be blue-lined on the construction plans. 8% X 11 calculations shall be submitted as
well.
25. Special Inspections: When a special inspection is required by U.B.C. Section 1701, the
architect or engineer of record shall prepare an inspection program that shall be submitted to
the Building Official for approval prior to issuance of the building permits, in accordance
with U.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from
the Building Inspection Division Counter.
Planning Commission Resoh..lon No. 3517
PLN2003-52 - 122 Shelley Avenue- Reinstatement of Planned Development Permit
Page 6
26. Non-Point Source Pollution Control: The City of Campbell standard Santa Clara Valley
Non-point Source Pollution Control Program specification sheet shall be part of plan
submittal. The specification sheet (size 24" by 36") is available at the Building Division
service counter.
27. P.G.&E.: The applicant is advised to contact P.G.&E. as early as possible in the approval
process. Service installations, changes and/or relocations may require substantial scheduling
time and can cause significant delays in the approval process. The applicant should also
consult with P.G.&E. concerning utility easements, distribution pole locations and required
conductor clearances.
28. Aoorovals Required: The project requires the following agency approval prior to issuance of
the building permit:
a. West Valley Sanitation District (378-2407)
b. Santa Clara County Fire Department (378-4010)
c. Bay Area Air Quality Management District (Demolitions Only)
d. School District:
1. Campbell Union School District (378-3405)
11. Campbell Union High School District (371-0960)
iii. Moreland School District (379-1370)
iv. Cambrian School District (377-2103)
Note: To Determine your district, contact the offices identified above. Obtain the School
District payment form from the City Building Division, after the Division has approved
the building permit application.
PUBLIC WORKS DEPARTMENT
29. Tentative Map: The applicant shall submit a tentative map for review by the City. The
current application processing fee is $3,723.00.
30. Final Map: Prior to issuance of any grading or building permits for the project, the applicant
shall submit a final map for review by the City and recordation, upon approval by the City
Council. The current plan check fee is $1,600.00 plus $25 per lot. Effective July 1, 2003 the
plan check fee will increase to $3,200 plus $35 per parcel.
31. Preliminary Title Report: Upon submittal of the tentative map, the applicant shall provide a
current Preliminary Title Report.
32. Right-of-Wav for Public Street Purposes: Upon recordation of the final map, the applicant
shall cause additional right-of-way to be granted for public street purposes along the Shelley
A venue frontage to accommodate a 30-foot half street. The applicant shall cause all
documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the
City's review and recordation.
Planning Commission Resoh..lon No. 3517
PLN2003-52 - 122 Shelley A venue- Reinstatement of Planned Development Permit
Page 7
33. Public Service Easement and Sidewalk Easement: Upon recordation of the final map, the
applicant shall grant a 10 foot public service easement and sidewalk easement on private
property contiguous with the public right-of-way along the Shelley A venue frontage. The
applicant shall cause all documents to be prepared by a registered civil engineer/land
surveyor, as necessary, for the City's review and recordation.
34. Private Easements: Upon recordation of the final map, the applicant shall cause private
easements to be recorded for private utilities, private storm drains, reciprocal ingress and
egress, emergency vehicles, etc. as necessary.
35. Monumentation for Final Map: Prior to recordation of the final map, the applicant shall
provide security for setting all monuments shown on the map.
36. Street Improvments: Upon recordation of the final map, the applicant shall execute a street
improvement agreement, cause plans for public street improvements to be prepared by a
registered civil engineer, pay various fees and deposits, post security and provide insurance
necessary to obtain an encroachment permit for construction of the standard public street
improvements, as required by the City Engineer. The fee for a non-utility encroachment
permit application is currently $260.00. The plans shall include the following:
a. Removal of the existing pavement and construction of new pavement to centerline.
b. Installation of curb, gutter, sidewalk and ADA compliant driveway approach.
c. Installation of street tree, irrigation and groundcover.
d. Construction of off-site storm drain facilities.
e. Construction of conforms to existing public and private improvements, as necessary.
37. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer
cleanout(s) shall be installed on private property behind the public right-of-way line.
38. Soils Report: Prior to issuance of any grading or building permits for the site, applicant shall
provide a soils report prepared by a registered geotechnical or civil engineer.
39. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant
shall submit a utility coordination plan and schedule for approval by the City Engineer for
installation of street improvements and/or abandonment of all utilities. Streets, which have
been resurfaced within the previous five years, will require boring and jacking for all new
utility installations. Applicant shall also prepare pavement restoration plans for approval by
the City Engineer prior to any utility installation or abandonment.
40. Utilities: All new on-site utilities shall be installed underground per Section 20.36.150 of the
Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall
comply with all plan submittals, permitting and fee requirements of the serving utility
companies.
41. Grading and Drainage Plan: Prior to issuance of any grading or building permits for the site,
the applicant shall conduct hydrology studies based on a 10 year storm frequency, prepare an
Planning Commission ResOl.......on No. 3517
PLN2003-52 - 122 Shelley A venue- Reinstatement of Planned Development Permit
Page 8
engineered grading and drainage plan, and pay fees required to obtain necessary grading
permits. The plans shall comply with the 1998 edition of the California Building Code
including Chapters 10, 11, 18, 33, and Appendix Chapter 33.
42. Storm Drain Area Fee: J:>rior to recordation of the final map, the applicant shall pay the
required Storm Drain Area fee of $2,250.00 per net acre, which is $1,078.00.
43. Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building
permits, the applicant shall comply with the National Pollution Discharge Elimination
System (NPDES) permitting requirements and the California Storm Water Best Management
Practices Handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley
Water District and the City of Campbell Municipal Code regarding Storm Water Pollution
Prevention. The City will provide the applicant with information to assist in complying with
this condition of approval. The primary objective is to improve the quality and reduce the
auantitv of storm water runoff to the Bav.
44. Covenants. Conditions. and Restrictions: Provide copies of CC&Rs for review by the City
prior to recordation of the final map and CC&Rs.
45. Demolition: Prior to recording the final map, the applicant shall obtain a Demolition Permit
and remove any improvements as necessary.
FIRE DEPARTMENT
46. Formal Plan Review: Review of this development proposal is limited to accessibility of site
access and water supply as they pertain to fire department operations, and shall mot be
construed as a substitute for formal plan review to determine compliance with adopted model
codes. Prior to performing any work the applicant shall make application to, and receive
from, the Building Division all applicable construction permits.
47. Required Fire Flow: The fire flow for this project is 1,750 gpm at 20 psi residual pressure.
The required fire flow is available from area water mains and fire hydrant(s) which are
spaced at the required spacing.
48. Fire Apparatus (Engine) Access Roads Reauired: Provide access roadways with a paved all
weather surface and a minimum unobstructed width of 20 feet, vertical clearance of 13 feet 6
inches, minimum circulating radius of 36 feet outside and 23 feet inside, and a maximum
slope of 15%. Installations shall conform with Fire Department Standard Details and
Specifications A-I.
49. Fire Department (Engine Roadwav Turnaround Required: Provide an approved fire
department engine roadway turnaround with a minimum radius of 36 feet outside and 23 feet
inside. Installations shall conform with Fire Department Standard Details and Specifications
A-I. Verify compliance with Standard A-I.
Planning Commission Resolution No. 3517
PLN2003-52 - 122 Shelley A venue- Reinstatement of Planned Development Permit
Page 9
50. Fire Lane Marking Required: Roadways deemed necessary to facilitate emergency vehicle
access shall be identified in accordance with Fire Department Standard Details and
Specifications A-6 and Local Government Standards.
51. Reauired Access to Water Supply (Hvdrants): Portions of the structure(s) are greater than
150 feet of travel distance from the centerline of the roadway containing public fire hydrants.
Provide an on-site fire hydrant OR provide an approved fire sprinkler system throughout all
portions of the building. Note specifically units 2, 3, 4 and 5.
52. Premises Identification: Approved numbers or addresses shall be placed on all new and
existing buildings in such a position as to be plainly visible and legible from the street or
road fronting the property. Numbers shall contrast with their backgrounds.
PASSED AND ADOPTED this 8th day of July, 2003, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Alderete, Francois, Gibbons, Hernandez, Jones and Rocha
None
Doorley
None
APPROVED:
Jos
air
AITEST: ,~tI/1,m ';tv.r
Sharon Fierro, Secretary
RESOLUTION NO. 3518
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL RECOMMENDING APPROVAL OF A
TENTATIVE SUBDIVISION MAP (pLN2003-67) TO ALLOW THE
CREATION OF FIVE TOWNHOME LOTS AND ONE COMMON LOT
ON PROPERTY OWNED BY MR. PELUSA BASTIDA LOCATED AT
122 SHELLEY A VENUE IN A P-D (PLANNED DEVELOPMENT)
ZONING DISTRICT. APPLICATION OF MR. PELUSA BASTIDA.
FILE NO. PLN2003-67.
After notification and public hearing, as specified by law, and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the Planning Commission did find as follows
with respect to application PLN2003-67:
1. There have been no changes in the project plans, site, physical environmental conditions, or
environmental setting that would result in significant environmental impacts not anticipated
at the time of the adoption of the Negative Declaration.
2. There have been no changes in the development standards or regulations that would warrant
changes to the conditions of approval.
3. There have been no changes in the General Plan and the Zoning of the property since the
previous approval of the project.
4. The provisions of the Covenants, Conditions and Restrictions are necessary to ensure the
long-term property maintenance and continued architectural integrity of the project.
5. The Tentative Subdivision Map has been distributed to local agencies, including Pacific Gas
and Electric, West Valley Sanitation District, Santa Clara Valley Transportation Authority
and the Santa Clara Valley Water District. None of these agencies raised any concerns about
providing services to the project.
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The proposed Tentative Subdivision Map is consistent with the General Plan and Zoning
Ordinance of the City.
2. The proposed Tentative Subdivision Map does not impair the balance between the housing
needs of the region and the public service needs of its residents and available fiscal and
environmental resources.
3. The design of the Tentative Subdivision Map provides, to the extent feasible, for future
passive or natural heating and cooling opportunities.
Planning Commission Resol.....on No. 3518
PLN2003-67 - 122 Shelley A venue- Tentative Subdivision Map
Page 2
4. The development and uses will be compatible with the General Plan of the City and will aid
in the harmonious development of the immediate area.
.5. There is a reasonable relationship and a rough proportionality between the conditions of
approval and the impacts of the project.
6. There is a reasonable relationship between the use of the fees imposed upon the project and
the type of development project.
7. No substantial evidence has been presented from which a reasonable argument could be
made that shows that the project, as currently presented and subject to the required conditions
of approval, will have a significant adverse impact on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval
of a Tentative Subdivision Map (PLN2003-67) to allow the creation of five townhome lots and
one common lot on property owned by Mr. Pel usa Bastida located at 122 Shelley A venue,
subject to the following conditions:
Where approval by the Director of Community Development, City Engineer, Public Works
Director, City Attorney or Fire Department is required, that review shall be for compliance with
all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and
regulations and accepted engineering practices for the item under review. 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.
CO~TYDEVELOPMENTDEPARTMENT
Planning Division:
1. Aoproved Proiect: Approval is granted for a Tentative Subdivision Map to create five
townhouse lots and one common lot located at 122 Shelley A venue. The Subdivision Map
shall substantially conform to the Tentative Subdivision Map prepared by Kirkeby
Engineering and dated as received by the Planning Division on May 20,2003, except as may
be modified by the conditions of approval herein.
2. Aooroval Expiration: The Tentative Subdivision Map approval is valid for a period of two
years from the date of final City Council approval unless an extension is granted prior to the
expiration date.
3. Tentative Subdivision Map: The Planned Development Permit approval is contingent upon
recordation of the Final Subdivision Map to divide the subject property. The Final
Subdivision Map shall be recorded prior to the issuance of building permits.
4. Park Impact Fee: A park impact fee of $7,035 per unit is due upon development of the
townhouse project. Based on the development of 5 units, a total of $35,175 shall be paid to
Planning Commission Resolu.~on No. 3518
PLN2003-67 -122 Shelley Avenue- Tentative Subdivision Map
Page 3
the City. Credit in the amount of $10,990 will be given for the existing single-family
residence. Prior to recordation of the Final Subdivision Map, 75% of this fee is due. The
remaining 25% is due prior to issuance of a certificate of building occupancy.
5. Prooertv Maintenance: The property is to be maintained free of any combustible trash,
debris and weeds until the time that actual construction commences. All existing structures
shall be secured by having windows boarded up and doors sealed shut, or be demolished or
removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). Prior
to demolition, the property would require inspection and vermin abatement program.
6. Tree Protection Plan: A tree protection plan shall be submitted prior to issuance of a building
permit in accordance with the City's water Efficient Landscape Standards (WELS) for any
trees to be retained on site.
7. Covenants. Codes and Restrictions: The applicant shall submit a draft copy of the
Covenants, Conditions and Restrictions (CC&R's) to the Planning Division for approval by
the Community Development Director and City Attorney, prior to the recordation of the
Pinal Subdivision Map, which provide for:
a. Formation of a Homeowner's Association to ensure the long-term maintenance of
buildings and property.
b. Continued architectural controls to ensure the architectural integrity of the project.
c. Definition of common areas to be maintained and provision of maintenance for these
areas.
d. Provision of a funding mechanism to ensure maintenance and upkeep of common areas
and shared building walls and roofs to be repaired, repainted, and/or replaced as
necessary.
e. Provision to provide on-going maintenance of the required landscaping for the project.
f. Provision for the availability of interior garage space for the parking of two vehicles at all
times.
g. Provision to prohibit the use of parking spaces for storage purposes, including boats,
trailers, and recreational vehicles.
PUBLIC WORKS DEPARTMENT
8. Tentative Mao: The applicant shall submit a tentative map for review by the City. The
current application processing fee is $3,723.00.
9. Final Map: Prior to issuance of any grading or building permits for the project, the applicant
shall submit a final map for review by the City and recordation, upon approval by the City
Council. The current plan check fee is $1,600.00 plus $25 per lot. Effective July 1, 2003 the
plan check fee will increase to $3,200 plus $35 per parcel.
10. Preliminary Title Report: Upon submittal of the tentative map, the applicant shall provide a
current Preliminary Title Report.
Planning Commission ResoL _.vn No. 3518
PLN2003-67 - 122 Shelley Avenue- Tentative Subdivision Map
Page 4
11. Right-of-Wav for Public Street Purposes: Upon recordation of the final map, the applicant
shall cause additional right-of-way to be granted for public street purposes along the Shelley
A venue frontage to accommodate a 30-foot half street. The applicant shall cause all
documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the
City's review and recordation.
12. Public Service Easement and Sidewalk Easement: Upon recordation of the final map, the
applicant shall grant a 1O-foot public service easement and sidewalk easement on private
property contiguous with the public right-of-way along the Shelley A venue frontage. The
applicant shall cause all documents to be prepared by a registered civil engineer/land
surveyor, as necessary, for the City's review and recordation.
13. Private Easements: Upon recordation of the final map, the applicant shall cause private
easements to be recorded for private utilities, private storm drains, reciprocal ingress and
egress, emergency vehicles, etc. as necessary.
14. Monumentation for Final Map: Prior to recordation of the final map, the applicant shall
provide security for setting all monuments shown on the map.
15. Street Imorovments: Upon recordation of the final map, the applicant shall execute a street
improvement agreement, cause plans for public street improvements to be prepared by a
registered civil engineer, pay various fees and deposits, post security and provide insurance
necessary to obtain an encroachment permit for construction of the standard public street
improvements, as required by the City Engineer. The fee for a non-utility encroachment
permit application is currently $260.00. The plans shall include the following:
a. Removal of the existing pavement and construction of new pavement to centerline.
b. Installation of curb, gutter, sidewalk and ADA compliant driveway approach.
c. Installation of street tree, irrigation and groundcover.
d. Construction of off-site storm drain facilities.
e. Construction of conforms to existing public and private improvements, as necessary.
16. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer
cleanout(s) shall be installed on private property behind the public right-of-way line.
17. Soils Reoort: Prior to issuance of any grading or building permits for the site, applicant shall
provide a soils report prepared by a registered geotechnical or civil engineer.
18. Utilitv Coordination Plan: Prior to issuance of building permits for the site, the applicant
shall submit a utility coordination plan and schedule for approval by the City Engineer for
installation of street improvements and/or abandonment of all utilities. Streets, which have
been resurfaced within the previous five years, will require boring and jacking for all new
utility installations. Applicant shall also prepare pavement restoration plans for approval by
the City Engineer prior to any utility installation or abandonment.
Planning Commission Resolution No. 3518
PLN2003-67 - 122 Shelley Avenue- Tentative Subdivision Map
Page 5
19. Utilities: All new on-site utilities shall be installed underground per Section 20.36.150 of the
Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall
comply with all plan submittals, permitting and fee requirements of the serving utility
companies.
20. Grading and Drainage Plan: Prior to issuance of any grading or building permits for the site,
the applicant shall conduct hydrology studies based on a 10 year storm frequency, prepare an
engineered grading and drainage plan, and pay fees required to obtain necessary grading
permits. The plans shall comply with the 1998 edition of the California Building Code
including Chapters 10, 11, 18,33, and Appendix Chapter 33.
21. Storm Drain Area Fee: Prior to recordation of the final map, the applicant shall pay the
required Storm Drain Area fee of $2,250.00 per net acre, which is $1,078.00.
22. Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building
permits, the applicant shall comply with the National Pollution Discharge Elimination
System (NPDES) permitting requirements and the California Storm Water Best Management
Practices Handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley
Water District and the City of Campbell Municipal Code regarding Storm Water Pollution
Prevention. The City will provide the applicant with information to assist in complying with
this condition of approval. The primary objective is to improve the quality and reduce the
quantity of storm water runoff to the Bay.
23. Covenants. Conditions. and Restrictions: Provide copies of CC&Rs for review by the City
prior to recordation of the final map and CC&Rs.
24. Demolition: Prior to recording the final map, the applicant shall obtain a Demolition Permit
and remove any improvements as necessary.
PASSED AND ADOPTED this 8th day of July, 2003, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Alderete, Francois, Gibbons, Hernandez, Jones and Rocha
None
Doorley
None
APPROVED:
Josep
/,./
ATTEST:
fi~ii-
-
Sharon Fierro, Secretary
RESOLUTION NO. 3519
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL RECOMMENDING APPROVAL OF A TREE
REMOVAL PERMIT (PLN2003-82) TO ALLOW THE REMOVAL OF
NINE TREES ON PROPERTY OWNED BY MR. PELUSA BASTIDA
LOCATED AT 122 SHELLEY AVENUE IN A P-D (pLANNED
DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR.
PELUSA BASTIDA. FILE NO. PLN2003-82.
After notification and public hearing, as specified by law, and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the Planning Commission did find as follows
with respect to application PLN2003-82:
1. There have been no changes in the project plans, site, physical environmental conditions, or
environmental setting that would result in significant environmental impacts not anticipated
at the time of the adoption of the Negative Declaration.
2. There have been no changes in the development standards or regulations that would warrant
changes to the conditions of approval.
3. There have been no changes in the General Plan and the Zoning of the property since the
previous approval of the project.
4. The proposed removal of nine existing trees on site is necessary as it restricts the economic
enjoyment of the property and creates an unusual hardship for the property owner to develop
the project as proposed.
5. The removal of some of the existing trees on site is proposed due to the poor condition of the
trees as indicated in the certified arborist report submitted by the applicant; the other trees to
be removed on site are not protected under the City's Tree Protection Ordinance.
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The retention of the trees restricts the economic enjoyment of the property and creates an
unusual hardship for the property owner by severely limiting the use of the property in a
manner not typically experienced by owners of similarly zoned and situated properties, and
the applicant has demonstrated to the satisfaction of the Planning Commission that there are
no reasonable alternatives to preserve the trees due to the number of site constraints of the
infill site.
2. No substantial evidence has been presented from which a reasonable argument could be
made that shows that the project, as currently presented and subject to the required conditions
of approval, will have a significant adverse impact on the environment.
Planning Commission Resolution No. 3519
PLN2003-82 -- 122 Shelley Avenue- Tree Removal Permit
Page 2
3. There is a reasonable relationship and a rough proportionality between the conditions of
approval and the impacts of the project.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval
of a Tree Removal Permit (PLN2oo3-82) to allow the removal of nine trees on property owned
by Mr. Pel usa Bastida located at 122 Shelley A venue, subject to the following conditions:
Where approval by the Director of Community Development, City Engineer, Public Works
Director, City Attorney or Fire Department is required, that review shall be for compliance with
all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and
regulations and accepted engineering practices for the item under review. 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.
CO~TYDEVELOPMENTDEPARTMENT
Planning Division:
1. Approved Permit: Approval is granted for a Tree Removal Permit to allow the removal of
nine trees on property located at 122 Shelley A venue. This permit shall be valid only in
conjunction with the Reinstatement of Approval (PLN2003-52) for a previously approved
Planned Development Permit.
2. Reolacement Trees: The applicant shall be required to provide replacement trees for the trees
approved to be removed, in accordance with the replacement ratio requirements of the City's
Tree Protection Ordinance. The location and species of these trees shall be shown on the
detailed landscape and irrigation plans that shall be submitted to the Planning Division for
review and approval by the Community Development Director, prior to the issuance of
building permits. The proposed replacement trees shall continue the diversity of tree species
found in the community and shall be a species listed in the City's Water Efficient
Landscaping Standards (WELS).
PASSED AND ADOPTED this 8th day of July, 2003, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Alderete, Francois, Gibbons, Hernandez, Jones and Rocha
None
Doorley
None
ATTEST:
APPROVED:
~ Joseph
~ f
Snaron Fierro, Secretary
.--
.,
,.\.~.o,.c~p~
~ ~
U r-
o 0
... ...
"S-.. ~
. (,.
OI/CHp..1l1) .
ITEM NO.5
CITY OF CAMPBELL. PLANNING COMMISSION
Staff Report. July 8, 2003
PLN2003-52 (R)
PLN2003-67 (TSM)
PLN2003-82 (TRP)
Bastida, P.
Public Hearing to consider the application of Mr. PeLusa Bastida, for
the Reinstatement (PLN2003-52) of a previously approved Planned
Development Permit to allow the construction of a five-unit townhome
development, a Tentative Subdivision Map (PLN2003-67) to allow the
creation of five townhome lots and one common lot and a Tree Removal
Permit (PLN2003-82) to allow the removal of nine trees on property
owned by Mr. PeLusa Bastida, located at 122 Shelley A venue in a P-D
(Planned Development) Zoning District.
STAFF RECOMMENDATION
That the Planning Commission takes the following actions:
1. Adopt a Resolution, incorporating the attached findings, recommending that the City
Council approve a reinstatement to a previously approved Planned Development Permit to
allow the construction of five townhomes, subject to the attached conditions of approval.
2. Adopt a Resolution, incorporating the attached findings, recommending that the City
Council approve a Tentative Subdivision Map to create five towhome lots and one common
lot, subject to the attached conditions of approval.
3. Adopt a Resolution, incorporating the attached findings, recommending that the City
Council approve a Tree Removal Permit to remove nine trees, subject to the attached
conditions of approval.
ENVIRONMENTAL DETERMINATION
In accordance with the California Environmental Quality Act (CEQA), the City conducted an
Initial Study for this project. The results of the study determined that no significant impacts
would be created as a result of this project. Based upon the information provided in the Initial
Study, the Planning Commission previously recommended that the City Council adopt a
Negative Declaration prepared for the project and the City Council granted the Negative
Declaration. There have been no changes to the project or the environment of the project that
would warrant further environmental analysis. The Initial Study and Negative Declaration are
included as an attachment to this report.
PROJECT DATA
Gross Lot Area:
Net Lot Area:
0.48 acres
0.42 acres
20,888 square feet
18,496 square feet
Project Density:
10.42 units per gross acre
--
Staff Report - Planning Commission Meeting of July 8, 2003
PLN2003-52. 67 & 82 - 122 Shelley Avenue
Page 2 of 4
Site Utilization:
Building Coverage:
Landscape Coverage:
Paving Coverage:
30.5%
38%
31.5%
5,649 square feet
7,028 square feet
5,819 square feet
Floor Area Ratio (FAR):
(including garages)
.59
10,948 square feet
Parking:
Provided:
Required:
18 parking spaces (10 covered, 8 uncovered)
18 parking spaces (Minimum of 5 covered/3.5 units per unit)
Unit Summary:
Unit 1-3
Unit 4-5
Model A
Model B
3 BR/2.5 BA
4 BR/2.5 BA
1,676 square feet + garage 435 square feet
1,895 square feet +garage 435 square feet
Adjacent Land Uses:
North: Multiple-family residences and a single-family residence
South: Multiple-family residences
East: Residential townhouse development
West: Residential townhouse development
DISCUSSION
Apolicant's Proposal: The applicant, PeLusa Bastida, is requesting approval for a Reinstatement
(PLN2003-52) to a previously approved Planned Development Permit, a Tentative Subdivision
Map (PLN2003-67) and a Tree Removal Permit (PLN2003-82) to allow the creation of five
town home lots and one common lot on property located at 122 Shelley A venue.
Prooerty Description: The project site is located on the south side of Shelley A venue, west of
Bascom A venue and east of White Oaks Road. The project is surrounded by a single-family
residence and multiple-family residences to the north across Shelley A venue, multiple-family
residences to the south and townhomes to the east and west of the subject property.
Background: The Planning Commission at its meeting of April 11, 2000 adopted Resolution No.
3268 recommending approval of a Zone Change from R-M-S (Multiple Family Residential) to P_
D (Planned Development), Resolution No. 3270 recommending approval of a Planned
Development Permit and a Tree Removal Permit to allow the construction of five townhome
units on the project site and Resolution No. 3269 recommending approval of a Tentative
Subdivision Map to allow the creation of five townhome parcels and one common parcel. The
City Council, subsequently, adopted Ordinance 1986 approving the Zone Change, Resolution
No. 9676 approving the Planned Development Permit and Resolution No.9675 approving the
Tentative Subdivision Map.
Staff Report - Planning ComInission Meeting of July 8, 2003
PLN2003-52, 67 & 82 - 122 Shelley Avenue
Page 3 of 4
The Planned Development Permit and Tentative Subdivision Map approval expired in May of
2002. The applicant is requesting approval for a reinstatement of the previously approved
Planned Development Permit, approval of a Tentative Subdivision Map and Tree Removal
Permit. No changes are proposed to the project from the plans previously recommended for
approval by the Planning Commission. There have been no changes to the development
standards or regulations that would warrant changes to the conditions of approval.
ANALYSIS
General Plan Designation: The General Plan land use designation for the project site is Low-
Medium Density Residential (6-13 units per gross acre). The proposed residential townhome
project is compatible with this land use designation.
Zoning Designation: The zoning designation for the project site is PD (Planned Development).
The Zoning Code requires that all townhome developments in the City are located within a PD
Zoning District. The proposed project is consistent with the PD Zoning District with approval of
a Reinstatement to a previously approved Planned Development Permit.
Tentative Subdivision Map: The applicant is requesting approval of a Tentative Subdivision
Map to subdivide the property into five residential lots and one common lot for the driveway
access and common landscape areas.
To ensure the proper maintenance and upkeep of the development, a condition of approval has
been added that requires that the applicant submit a draft copy of the Covenants, Conditions and
Restrictions (CC&R's) prior to recordation of the Final Subdivision Map which provide for:
a. Formation of a Homeowner's Association to ensure the long-term maintenance of
buildings and property;
b. Continued architectural controls to ensure the architectural integrity of the project;
c. Definition of common areas to be maintained and provision of maintenance for these
areas;
d. Provision of a funding mechanism to ensure maintenance and upkeep of common areas
and shared building walls and roofs to be repaired, repainted, and/or replaced as
necessary;
e. Provision to provide on-going maintenance of the required landscaping for the project;
f. Provision for the availability of interior garage space for the parking of two vehicles at all
times;
g. Provision to prohibit the use of parking spaces for storage purposes, including boats,
trailers and recreational vehicles; and
Architecture: No changes are proposed to the architecture or building design from the plans
previously recommended for approval by the Planning Commission.
Landscapingffree Removal: No changes are proposed to the Landscaping/Tree Removal Permit
request from the plans previously recommended for approval by the Planning Commission.
Staff Report - Planning Commission Meeting of July 8, 2003
PLN2003-52, 67 & 82 - 122 Shelley Avenue
Page 4 of 4
Site and Architectural Review Committee: The Site and Architectural Review Committee
reviewed this application at its meeting of June 14, 2003 and was supportive of the project as
proposed.
Attachments:
1. Recommended Findings for PLN2003-52 (Reinstatement)
2. Recommended Findings for PLN2003-67 (Tentative Subdivision Map)
3. Recommended Findings for PLN2003-82 (Tree Removal Permit)
4. Conditions of Approval for PLN2003-52 (Reinstatement)
5. Conditions of Approval for PLN2003-67 (Tentative Subdivision Map)
6. Conditions of Approval for PLN2003-82 (Tree Removal Permit)
7. Project Plans (Site Plan, Building Elevations, Tentative Subdivision Map and Preliminary
Grading Plan)
8. Negative Declaration! Initial Study
9. Arborist Report
10. Staff Report - Planning Commission Meeting of April 11, 2000 (without attachments)
11. Location Map
Prepared by:
)
Approved by:
ner
Attachment # 1
FINDINGS FOR APPROVAL OF FILE NO. PLN2003.52
(REINSTATEMENT OF APPROVAL)
SITE ADDRESS:
APPLICANT:
P.c. MEETING:
122 Shelley Avenue
PeLusa Bastida
July 8, 2003
Findings for approval for a Reinstatement of a previously approved Planned Development Permit
to allow the construction of a five unit townhome development on propertv located at 122
Shelley Avenue.
The Planning Commission finds as follows with regard to File No. PLN2003-52:
1. There have been no changes in the project plans, site, physical environmental conditions, or
environmental setting that would result in significant environmental impacts not anticipated
at the time of the adoption of the Negative Declaration.
2. There have been no changes in the development standards or regulations that would warrant
changes to the conditions of approval.
3. There have been no changes in the General Plan and the Zoning of the property since the
previous approval of the project.
4. Land uses surrounding the project site include residential to the north, south, east and west.
5. The design of the building is compatible in scale with the adjacent buildings, relates well
with the surrounding residential neighborhood, is well articulated and utilizes high quality
building materials.
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The proposed development will result in a more desirable environment and use of the land
than would be possible under any other zoning classification.
2. The development will be compatible with the General Plan of the City and will aid in the
harmonious development of the immediate area.
3. The proposed development will not result in allowing more residential units than would be
allowed by other residential zoning districts which are consistent with the general plan
designation of the property.
4. The development will be compatible with the Zoning Code of the City.
5. The proposed development will not be detrimental to the health, safety or welfare of the
neighborhood or the City as a whole.
Attachment # 1
Page 2 of 2
6. There is a reasonable relationship and a rough proportionality between the conditions of
approval and the impacts of the project.
7. There is a reasonable relationship between the use of the fees imposed upon the project and
the type of development project.
8. No substantial evidence has been presented from which a reasonable argument could be made
that shows that the project, as currently presented and subject to the required conditions of
approval, will have a significant adverse impact on the environment.
Attachment #2
FINDINGS FOR APPROVAL OF FILE NO. PLN2003.67
(TENT A TIVE SUBDIVISION MAP)
SITE ADDRESS:
APPUCANT:
P.C. MEETING:
122 Shelley Avenue
PeLusa Bastida
July 8, 2003
Findings for approval of a Tentative Subdivision Map to allow the creation of five townhome
lots and one common lot located at 122 Shelley A venue.
The Planning Commission finds as follows with regard to File No. PLN2003-67:
1. There have been no changes in the project plans, site, physical environmental conditions, or
environmental setting that would result in significant environmental impacts not anticipated
at the time of the adoption of the Negative Declaration.
2. There have been no changes in the development standards or regulations that would warrant
changes to the conditions of approval.
3. There have been no changes in the General Plan and the Zoning of the property since the
previous approval of the project.
4. The provisions of the Covenants, Conditions and Restrictions are necessary to ensure the
long-term property maintenance and continued architectural integrity of the project.
5. The Tentative Subdivision Map has been distributed to local agencies, including Pacific Gas
and Electric, West Valley Sanitation District, Santa Clara Valley Transportation Authority
and the Santa Clara Valley Water District. None of these agencies raised any concerns about
providing services to the project.
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The proposed Tentative Subdivision Map is consistent with the General Plan and Zoning
Ordinance of the City.
2. The proposed Tentative Subdivision Map does not impair the balance between the housing
needs of the region and the public service needs of its residents and available fiscal and
environmental resources.
3. The design of the Tentative Subdivision Map provides, to the extent feasible, for future
passive or natural heating and cooling opportunities.
4. The development and uses will be compatible with the General Plan of the City and will aid
in the harmonious development of the immediate area.
5. There is a reasonable relationship and a rough proportionality between the conditions of
approval and the impacts of the project.
Attachment # 2
Page 2 of 2
6. There is a reasonable relationship between the use of the fees imposed upon the project and
the type of development project.
7. No substantial evidence has been presented from which a reasonable argument could be made
that shows that the project, as currently presented and subject to the required conditions of
approval, will have a significant adverse impact on the environment.
Attachment #3
FINDINGS FOR APPROVAL OF FILE NO. PLN2003.82
(TREE REMOVAL PERMIT)
SITE ADDRESS:
APPLICANT:
P.C. MEETING:
122 Shelley Avenue
PeLusa Bastida
July 8, 2003
Findings for approval of a Tree Removal Permit to allow the removal of nine trees located at
122 Shellev Avenue.
The Planning Commission finds as follows with regard to File No. PLN2003-82:
1. There have been no changes in the project plans, site, physical environmental conditions, or
environmental setting that would result in significant environmental impacts not anticipated
at the time of the adoption of the Negative Declaration.
2. There have been no changes in the development standards or regulations that would warrant
changes to the conditions of approval.
3. There have been no changes in the General Plan and the Zoning of the property since the
previous approval of the project.
4. The proposed removal of nine existing trees on site is necessary as it restricts the economic
enjoyment of the property and creates an unusual hardship for the property owner to develop
the project as proposed.
5. The removal of some of the existing trees on site is proposed due to the poor condition of the
trees as indicated in the certified arborist report submitted by the applicant; the other trees to
be removed on site are not protected under the City's Tree Protection Ordinance.
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The retention of the trees restricts the economic enjoyment of the property and creates an
unusual hardship for the property owner by severely limiting the use of the property in a
manner not typically experienced by owners of similarly zoned and situated properties, and
the applicant has demonstrated to the satisfaction of the Planning Commission that there are
no reasonable alternatives to preserve the trees due to the number of site constraints of the
infill site.
2. No substantial evidence has been presented from which a reasonable argument could be made
that shows that the project, as currently presented and subject to the required conditions of
approval, will have a significant adverse impact on the environment.
3. There is a reasonable relationship and a rough proportionality between the conditions of
approval and the impacts of the project.
Attachment #4
CONDITIONS OF APPROVAL FOR FILE NO. PLN2003.52
(REINSTATEMENT OF APPROVAL)
SITE ADDRESS:
APPUCANT:
P.C. MEETING:
122 Shelley Avenue
PeLusa Bastida
July 8, 2003
The applicant is hereby notified, as part of this application, that (s)he is required to meet the
following conditions in accordance with the ordinances of the City of Campbell and the State of
California. The lead department with which the applicant will work is identified on each
condition where necessary. Where approval by the Director of Community Development, City
Engineer, Public Works Director, City Attorney, or Fire Department is required, that review shall
be for compliance with all applicable conditions of approval, adopted policies and guidelines,
ordinances, laws and regulations, and accepted engineering practices, for the items under review.
Additionally, the applicant is hereby notified that (s)he is required to comply with all applicable
Codes or Ordinances of the City of Campbell and the State of California that pertain to this
development and are not herein specified:
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division:
8. Approved Project: Approval is granted to construct a five unit townhouse development
consisting of 2 two-story buildings.. The building design and site design shall substantially
conform to the project exhibits listed below, except as may be modified by the conditions of
approval herein:
a. Project plans prepared by Glen Cahoon and dated as received by the Planning Division on
April 29, 2003, including a site plan!landscape plan and building elevations.
b. Color and material boards submitted by Glen Cahoon.
c. Tentative Subdivision Map and Preliminary Grading Plan prepared by Kirkeby
Engineering and dated as received by the Planning Division on May 20, 2003.
9. Permit Expiration: The Reinstatement of Approval is valid for a period of two years from the
date of final City Council approval. A building permit must be obtained within this two-year
period or the Reinstatement of Approval shall be void.
10. Tentative Subdivision Map: The Reinstatement of Approval is contingent upon recordation
of the Final Subdivision Map to divide the subject property. The Final Subdivision Map shall
be recorded prior to the issuance of building permits.
11. Park Impact Fee: A park impact fee of $7,035 per unit is due upon development of the
townhouse project. Based on the development of 5 units, a total of $35,175 shall be paid to
the City. Credit in the amount of $10,990 will be given for the existing single-family
residence. Prior to recordation of the Final Subdivision Map, 75% of this fee is due. The
remaining 25% is due prior to issuance of a certificate of building occupancy.
12. Covenants, Codes and Restrictions: The applicant shall submit a draft copy of the
Covenants, Conditions and Restrictions (CC&R's) to the Planning Division for approval by
Attachment #4
Page 2 of 7
the Community Development Director and City Attorney, prior to the recordation of the Final
Subdivision Map, which provide for:
a. Formation of a Homeowner's Association to ensure the long-term maintenance of
buildings and property.
b. Continued architectural controls to ensure the architectural integrity of the project.
c. Definition of common areas to be maintained and provision of maintenance for these
areas.
d. Provision of a funding mechanism to ensure maintenance and upkeep of common areas
and shared building walls and roofs to be repaired, repainted, and/or replaced as
necessary.
e. Provision to provide on-going maintenance of the required landscaping for the project.
f. Provision for the availability of interior garage space for the parking of two vehicles at all
times.
g. Provision to prohibit the use of parking spaces for storage purposes, including boats,
trailers, and recreational vehicles.
13. Landscaping: The applicant shall submit four sets of a final landscape and irrigation plan to
the Planning Division, prior to the issuance of building permits, for review and approval by
the Community Development Director. The landscape and irrigation plan shall substantially
conform with the approved conceptual landscape plan and the City's Water Efficient
Landscaping Standards (WELS).
14. Tree Removal: The applicant shall be permitted to remove nine trees on site as specified in
the applicant's Tree Removal Permit application, based upon the information provided by the
applicant and the certified arborist report submitted with the application.
15. Tree Replacement: The applicant shall be required to provide replacement trees for the trees
approved to be removed, in accordance with the replacement ratio requirements of the City's
tree Protection Ordinance.
16. Tree Protection Plan: The applicant shall submit a tree protection plan for any trees to be
retained on site and shall contain specific information about the preservation of the trees
during any grading or building on site. Such tree protection measures shall be installed prior
to any demolition, grading, or building on the project site. No construction or trenching shall
take place within the drip line of trees and a fence constructed of temporary cyclone fencing
or wire mesh securely attached to poles driven into the ground shall be installed around the
dripline of the tree. All trimming or branch removal from protected trees shall be completed
by a certified arborist. The tree protection plan shall be submitted to the Planning Division
for review and approval by the Community Development Director prior to the issuance of
building permits.
17. Parking and Drivewavs: All parking and driveway areas shall be developed in compliance
with Chapter 21.50 of the Campbell Municipal Code and the approved project plans. Project
details include, but are not limited to the following:
Attachment #4
Page 3 of 7
a. The applicant shall provide decorative pavement within the driveway and in front of the
garages where uncovered parking spaces are provided in the development. The design
and materials to be used for the decorative pavement shall be reviewed and approved by
the Community Development Director prior to issuance of building permits for the
project.
18. Fences: Any newly proposed fencing and/or walls shall comply with Section 21.59.090 of
the Campbell Municipal Code and shall be reviewed and approved by the Community
Development Director prior to issuance of any building permits for the project.
19. Propertv Maintenance: The property is to be maintained free of any combustible trash, debris
and weeds until the time that actual construction commences. All existing structures shall be
secured by having windows boarded up and doors sealed shut, or be demolished or removed
from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code).
20. Utilitv Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to
installation of PG&E transformers and San Jose Water Company back-flow preventers,
indicating the location of the facilities and screening (if the facilities are above ground) for
approval by the Community Development Director.
21. On-site lighting: On-site lighting shall be shielded away from adjacent properties and
directed on site. The design and type of lighting fixtures and lighting intensity of any
proposed exterior lighting for the project shall be reviewed and approved by the Community
Development Director prior to issuance of any building permits for the project. Lighting
fixtures shall be of a decorative design to be compatible with the development and shall
incorporate energy saving features.
22. Trash Disposal/Recvcling: The applicant shall submit details regarding the design and
location of trash disposal/recycling facilities to the City for review and approval prior to
issuance of building permits.
23. Garages: Garages shall be maintained at all times in such a way that they are available for the
parking of automobiles.
Building Division:
24. Permits Required: A building permit application shall be required for each proposed new
living unit/structure. The building permit shall include Electrical/Plumbing/Mechanical fees
when such work is part of the permit.
25. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of
construction plans submitted for building permit.
26. Size of Plans: The size of construction plans submitted for building permits shall be 24
inches by 36 inches.
Attachment #4
Page 4 of 7
27. Plan Preparation: This project requires plans prepared under the direction and oversight of a
California licensed Engineer or Architect. Plans submitted for building permits shall be "wet
stamped" and signed by the qualifying professional person.
28. Soils Report: Two copies of a current soils report, prepared to the satisfaction of the
Building Official, containing foundation and retaining wall design recommendations shall be
submitted with the building permit application. This report shall be prepared by a licensed
engineer specializing in soils mechanics.
29. Site Plan: Application for building permit shall include a competent site plan that identifies
property and proposed structures with dimensions and elevations as appropriate. Site plan
shall also include site drainage details.
30. Foundation Inspections: A pad certificate prepared by a licensed civil engineer or land
surveyor shall be submitted to the project building inspector upon foundation inspection.
This certificate shall certify compliance with the recommendations as specified in the soils
report and the building pad elevation and on-site retaining wall locations and elevations are
prepared according to approved plans. Horizontal and vertical controls shall be set and
certified by a licensed surveyor or registered civil engineer for the following items:
a. pad elevation
b. finish floor elevation (first floor)
c. foundation corner locations
31. Title 24 Energy Compliance: California Title 24 Energy Compliance forms CF-IR and MF-
lR shall be blue-lined on the construction plans. 8Y2 X 11 calculations shall be submitted as
well.
32. Special Inspections: When a special inspection is required by U.B.C. Section 1701, the
architect or engineer of record shall prepare an inspection program that shall be submitted to
the Building Official for approval prior to issuance of the building permits, in accordance
with U.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from
the Building Inspection Division Counter.
33. Non-Point Source Pollution Control: The City of Campbell standard Santa Clara Valley
Non-point Source Pollution Control Program specification sheet shall be part of plan
submittal. The specification sheet (size 24" by 36") is available at the Building Division
service counter.
34. P.G.&E.: The applicant is advised to contact P.G.&E. as early as possible in the approval
process. Service installations, changes and/or relocations may require substantial scheduling
time and can cause significant delays in the approval process. The applicant should also
consult with P.G.&E. concerning utility easements, distribution pole locations and required
conductor clearances.
Attachment #4
Page 5 of 7
35. Approvals Required: The project requires the following agency approval prior to issuance of
the building permit:
a. West Valley Sanitation District (378-2407)
b. Santa Clara County Fire Department (378-4010)
c. Bay Area Air Quality Management District (Demolitions Only)
d. School District:
1. Campbell Union School District (378-3405)
11. Campbell Union High School District (371-0960)
iii. Moreland School District (379-1370)
iv. Cambrian School District (377-2103)
Note: To Determine your district, contact the offices identified above. Obtain the School
District payment form from the City Building Division, after the Division has approved
the building permit application.
PUBLIC WORKS DEPARTMENT
36. Tentative Map: The applicant shall submit a tentative map for review by the City. The
current application processing fee is $3,723.00.
37. Final Map: Prior to issuance of any grading or building permits for the project, the applicant
shall submit a final map for review by the City and recordation, upon approval by the City
Council. The current plan check fee is $1,600.00 plus $25 per lot. Effective July 1,2003 the
plan check fee will increase to $3,200 plus $35 per parcel.
38. Preliminarv Title Report: Upon submittal of the tentative map, the applicant shall provide a
current Preliminary Title Report.
39. Right-of-Wav for Public Street Purposes: Upon recordation of the final map, the applicant
shall cause additional right-of-way to be granted for public street purposes along the Shelley
A venue frontage to accommodate a 30 foot half street. The applicant shall cause all
documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the
City's review and recordation.
40. Public Service Easement and Sidewalk Easement: Upon recordation of the final map, the
applicant shall grant a 10 foot public service easement and sidewalk easement on private
property contiguous with the public right-of-way along the Shelley A venue frontage. The
applicant shall cause all documents to be prepared by a registered civil engineer/land
surveyor, as necessary, for the City's review and recordation.
41. Private Easements: Upon recordation of the final map, the applicant shall cause private
easements to be recorded for private utilities, private storm drains, reciprocal ingress and
egress, emergency vehicles, etc. as necessary.
42. Monumentation for Final Map: Prior to recordation of the final map, the applicant shall
provide security for setting all monuments shown on the map.
Attachment #4
Page 6 of7
43. Street Improvments: Upon recordation of the final map, the applicant shall execute a street
improvement agreement, cause plans for public street improvements to be prepared by a
registered civil engineer, pay various fees and deposits, post security and provide insurance
necessary to obtain an encroachment permit for construction of the standard public street
improvements, as required by the City Engineer. The fee for a non-utility encroachment
permit application is currently $260.00. The plans shall include the following:
a. Removal of the existing pavement and construction of new pavement to centerline.
b. Installation of curb, gutter, sidewalk and ADA compliant driveway approach.
c. Installation of street tree, irrigation and groundcover.
d. Construction of off-site storm drain facilities.
e. Construction of conforms to existing public and private improvements, as necessary.
44. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer
cleanout(s) shall be installed on private property behind the public right-of-way line.
45. Soils Report: Prior to issuance of any grading or building permits for the site, applicant shall
provide a soils report prepared by a registered geotechnical or civil engineer.
46. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant
shall submit a utility coordination plan and schedule for approval by the City Engineer for
installation of street improvements and/or abandonment of all utilities. Streets which have
been resurfaced within the previous five years will require boring and jacking for all new
utility installations. Applicant shall also prepare pavement restoration plans for approval by
the City Engineer prior to any utility installation or abandonment.
47. Utilities: All new on-site utilities shall be installed underground per Section 20.36.150 of the
Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall
comply with all plan submittals, permitting and fee requirements of the serving utility
companies.
48. Grading and Drainage Plan: Prior to issuance of any grading or building permits for the site,
the applicant shall conduct hydrology studies based on a 10 year storm frequency, prepare an
engineered grading and drainage plan, and pay fees required to obtain necessary grading
permits. The plans shall comply with the 1998 edition of the California Building Code
including Chapters 10, 11, 18,33, and Appendix Chapter 33.
49. Storm Drain Area Fee: Prior to recordation of the final map, the applicant shall pay the
required Storm Drain Area fee of $2,250.00 per net acre, which is $1,078.00.
50. Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building
permits, the applicant shall comply with the National Pollution Discharge Elimination
System (NPDES) permitting requirements and the California Storm Water Best Management
Practices Handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley
Water District and the City of Campbell Municipal Code regarding Storm Water Pollution
Prevention. The City will provide the applicant with information to assist in complying with
Attachment #4
Page 7 of7
this condition of approval. The primary objective is to improve the quality and reduce the
Quantity of storm water runoff to the Bav.
51. Covenants, Conditions, and Restrictions: Provide copies of CC&Rs for review by the City
prior to recordation of the final map and CC&Rs.
52. Demolition: Prior to recording the final map, the applicant shall obtain a Demolition Permit
and remove any improvements as necessary.
FIRE DEPARTMENT
53. Formal Plan Review: Review of this development proposal is limited to accessibility of site
access and water supply as they pertain to fire department operations, and shall mot be
construed as a substitute for formal plan review to determine compliance with adopted model
codes. Prior to performing any work the applicant shall make application to, and receive
from, the Building Division all applicable construction permits.
54. Required Fire Flow: The fire flow for this project is 1,750 gpm at 20 psi residual pressure.
The required fire flow is available from area water mains and fire hydrant(s) which are
spaced at the required spacing.
55. Fire Apparatus (Engine) Access Roads Required: Provide access roadways with a paved all
weather surface and a minimum unobstructed width of 20 feet, vertical clearance of 13 feet 6
inches, minimum circulating radius of 36 feet outside and 23 feet inside, and a maximum
slope of 15%. Installations shall conform with Fire Department Standard Details and
Specifications A-I.
56. Fire Department (Engine Roadway Turnaround Required: Provide an approved fire
department engine roadway turnaround with a minimum radius of 36 feet outside and 23 feet
inside. Installations shall conform with Fire Department Standard Details and Specifications
A-I. Verify compliance with Standard A-I.
57. Fire Lane Marking Required: Roadways deemed necessary to facilitate emergency vehicle
access shall be identified in accordance with Fire Department Standard Details and
Specifications A-6 and Local Government Standards.
58. Required Access to Water Supply (Hydrants): Portions of the structure(s) are greater than
150 feet of travel distance from the centerline of the roadway containing public fire hydrants.
Provide an on-site fire hydrant OR provide an approved fire sprinkler system throughout all
portions of the building. Note specifically units 2, 3, 4 and 5.
59. Premises Identification: Approved numbers or addresses shall be placed on all new and
existing buildings in such a position as to be plainly visible and legible from the street or road
fronting the property. Numbers shall contrast with their backgrounds.
Attachment #5
CONDITIONS OF APPROVAL FOR FILE NO. PLN2003.67
(TENT A TIVE SUBDIVISION MAP)
SITE ADDRESS:
APPUCANT:
P.C. MEETING:
122 Shelley Avenue
PeLusa Bastida
July 8, 2003
The applicant is hereby notified, as part of this application, that (s)he is required to meet the
following conditions in accordance with the ordinances of the City of Campbell and the State of
California. The lead department with which the applicant will work is identified on each
condition where necessary. Where approval by the Director of Community Development, City
Engineer, Public Works Director, City Attorney, or Fire Department is required, that review shall
be for compliance with all applicable conditions of approval, adopted policies and guidelines,
ordinances, laws and regulations, and accepted engineering practices, for the items under review.
Additionally, the applicant is hereby notified that (s)he is required to comply with all applicable
Codes or Ordinances of the City of Campbell and the State of California that pertain to this
development and are not herein specified:
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division:
1. Approved Project: Approval is granted for a Tentative Subdivision Map to create five
townhouse lots and one common lot located at 122 Shelley A venue. The Subdivision Map
shall substantially conform to the Tentative Subdivision Map prepared by Kirkeby
Engineering and dated as received by the Planning Division on May 20,2003, except as may
be modified by the conditions of approval herein.
2. Approval Expiration: The Tentative Subdivision Map approval is valid for a period of two
years from the date of final City Council approval unless an extension is granted prior to the
expiration date.
3. Tentative Subdivision Map: The Planned Development Permit approval is contingent upon
recordation of the Final Subdivision Map to divide the subject property. The Final
Subdivision Map shall be recorded prior to the issuance of building permits.
4. Park Impact Fee: A park impact fee of $7,035 per unit is due upon development of the
townhouse project. Based on the development of 5 units, a total of $35,175 shall be paid to
the City. Credit in the amount of $10,990 will be given for the existing single-family
residence. Prior to recordation of the Final Subdivision Map, 75% of this fee is due. The
remaining 25% is due prior to issuance of a certificate of building occupancy.
5. Property Maintenance: The property is to be maintained free of any combustible trash, debris
and weeds until the time that actual construction commences. All existing structures shall be
secured by having windows boarded up and doors sealed shut, or be demolished or removed
from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code).
Attachment #5
Page 2 of 4
6. Tree Protection Plan: A tree protection plan shall be submitted prior to issuance of a building
permit in accordance with the City's water Efficient Landscape Standards (WELS) for any
trees to be retained on site.
7. Covenants, Codes and Restrictions: The applicant shall submit a draft copy of the
Covenants, Conditions and Restrictions (CC&R's) to the Planning Division for approval by
the Community Development Director and City Attorney, prior to the recordation of the Final
Subdivision Map, which provide for:
a. Formation of a Homeowner's Association to ensure the long-term maintenance of
buildings and property.
b. Continued architectural controls to ensure the architectural integrity of the project.
c. Definition of common areas to be maintained and provision of maintenance for these
areas.
d. Provision of a funding mechanism to ensure maintenance and upkeep of common areas
and shared building walls and roofs to be repaired, repainted, and/or replaced as
necessary .
e. Provision to provide on-going maintenance of the required landscaping for the project.
f. Provision for the availability of interior garage space for the parking of two vehicles at all
times.
g. Provision to prohibit the use of parking spaces for storage purposes, including boats,
trailers, and recreational vehicles.
PUBLIC WORKS DEPARTMENT
8. Tentative Map: The applicant shall submit a tentative map for review by the City. The
current application processing fee is $3,723.00.
9. Final Map: Prior to issuance of any grading or building permits for the project, the applicant
shall submit a final map for review by the City and recordation, upon approval by the City
Council. The current plan check fee is $1,600.00 plus $25 per lot. Effective July 1, 2003 the
plan check fee will increase to $3,200 plus $35 per parcel.
10. Preliminary Title Report: Upon submittal of the tentative map, the applicant shall provide a
current Preliminary Title Report.
11. Right-of- W av for Public Street Purposes: Upon recordation of the final map, the applicant
shall cause additional right-of-way to be granted for public street purposes along the Shelley
A venue frontage to accommodate a 30 foot half street. The applicant shall cause all
documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the
City's review and recordation.
12. Public Service Easement and Sidewalk Easement: Upon recordation of the final map, the
applicant shall grant a 10 foot public service easement and sidewalk easement on private
property contiguous with the public right-of-way along the Shelley A venue frontage. The
applicant shall cause all documents to be prepared by a registered civil engineer/land
surveyor, as necessary, for the City's review and recordation.
Attachment #5
Page 3 of 4
13. Private Easements: Upon recordation of the final map, the applicant shall cause private
easements to be recorded for private utilities, private storm drains, reciprocal ingress and
egress, emergency vehicles, etc. as necessary.
14. Monumentation for Final Map: Prior to recordation of the final map, the applicant shall
provide security for setting all monuments shown on the map.
15. Street Improvments: Upon recordation of the final map, the applicant shall execute a street
improvement agreement, cause plans for public street improvements to be prepared by a
registered civil engineer, pay various fees and deposits, post security and provide insurance
necessary to obtain an encroachment permit for construction of the standard public street
improvements, as required by the City Engineer. The fee for a non-utility encroachment
permit application is currently $260.00. The plans shall include the following:
a. Removal of the existing pavement and construction of new pavement to
centerline.
b. Installation of curb, gutter, sidewalk and ADA compliant driveway approach.
c. Installation of street tree, irrigation and groundcover.
d. Construction of off-site storm drain facilities.
e. Construction of conforms to existing public and private improvements, as
necessary.
16. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer
cleanout(s) shall be installed on private property behind the public right-of-way line.
17. Soils Report: Prior to issuance of any grading or building permits for the site, applicant shall
provide a soils report prepared by a registered geotechnical or civil engineer.
18. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant
shall submit a utility coordination plan and schedule for approval by the City Engineer for
installation of street improvements and/or abandonment of all utilities. Streets which have
been resurfaced within the previous five years will require boring and jacking for all new
utility installations. Applicant shall also prepare pavement restoration plans for approval by
the City Engineer prior to any utility installation or abandonment.
19. Utilities: All new on-site utilities shall be installed underground per Section 20.36.150 of the
Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall
comply with all plan submittals, permitting and fee requirements of the serving utility
compames.
20. Grading and Drainage Plan: Prior to issuance of any grading or building permits for the site,
the applicant shall conduct hydrology studies based on a 10 year storm frequency, prepare an
engineered grading and drainage plan, and pay fees required to obtain necessary grading
permits. The plans shall comply with the 1998 edition of the California Building Code
including Chapters 10, 11, 18,33, and Appendix Chapter 33.
Attachment #5
Page 4 of 4
21. Storm Drain Area Fee: Prior to recordation of the final map, the applicant shall pay the
required Storm Drain Area fee of $2,250.00 per net acre, which is $1,078.00.
22. Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building
permits, the applicant shall comply with the National Pollution Discharge Elimination
System (NPDES) permitting requirements and the California Storm Water Best Management
Practices Handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley
Water District and the City of Campbell Municipal Code regarding Storm Water Pollution
Prevention. The City will provide the applicant with information to assist in complying with
this condition of approval. The primary objective is to improve the quality and reduce the
quantity of storm water runoff to the Bay.
23. Covenants, Conditions, and Restrictions: Provide copies of CC&Rs for review by the City
prior to recordation of the final map and CC&Rs.
24. Demolition: Prior to recording the final map, the applicant shall obtain a Demolition Permit
and remove any improvements as necessary.
Attachment #6
CONDITIONS OF APPROVAL FOR FILE NO. PLN2003.82
(TREE REMOVAL PERMIT)
SITE ADDRESS:
APPUCANT:
P.C. MEETING:
122 Shelley Avenue
PeLusa Bastida
July 8, 2003
The applicant is hereby notified, as part of this application, that (s)he is required to meet the
following conditions in accordance with the ordinances of the City of Campbell and the State of
California. The lead department with which the applicant will work is identified on each
condition where necessary. Where approval by the Director of Community Development, City
Engineer, Public Works Director, City Attorney, or Fire Department is required, that review shall
be for compliance with all applicable conditions of approval, adopted policies and guidelines,
ordinances, laws and regulations, and accepted engineering practices, for the items under review.
Additionally, the applicant is hereby notified that (s)he is required to comply with all applicable
Codes or Ordinances of the City of Campbell and the State of California that pertain to this
development and are not herein specified:
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division:
1. Approved Permit: Approval is granted for a Tree Removal Permit to allow the removal of
nine trees on property located at 122 Shelley A venue. This permit shall be valid only in
conjunction with the Reinstatement of Approval (PLN2003-52) for a previously approved
Planned Development Permit.
2. Replacement Trees: The applicant shall be required to provide replacement trees for the trees
approved to be removed, in accordance with the replacement ratio requirements of the City's
Tree Protection Ordinance. The location and species of these trees shall be shown on the
detailed landscape and irrigation plans that shall be submitted to the Planning Division for
review and approval by the Community Development Director, prior to the issuance of
building permits. The proposed replacement trees shall continue the diversity of tree species
found in the community and shall be a species listed in the City's Water Efficient
Landscaping Standards (WELS).
>- I..:'
. "'
. ~~
z
51 2:..
. ~~
~
c
,
............~.....~.=.~~_,~~.J"._~_.'-'_.............,"=___._.
968L-EZ9 (01 ~)'l!d
6E~v6 ll!woJ!lI1) iuowaJ.:J
hl1!tJ. S11SUl1'}1 96Z
uooQB3 UU31D
tWw AWJPM
~ ""fJ(J-:P4#{tMct
UUTd 'iJ:lfS
C ='...:
W M Wo..
CCw
> C) 0..0
C)
N ~~
~ ~
W U~
~ u..Z
0 0::: O~
0-
-w <! ~o..
a: u
~l-- --
r ,irt"i,V:?/'/r'
'"
_1:::1
~
3nN3^\1 A3113HS
__ _~ o.;../IIIJfA'_~~.r> - ~
- - ..L..t ~
-. -~."":: -"lH.-
--------
-.:.L-- .
~.~. :-:--. .--
-: /-
-
. "1 #1"
.... .1' :~ ~<
'. "'-e
l.:-' ~~ . "-~~'. '. . i~
ft~ ~_-!,A ~ ...-.......r-
~''d~.. ~c:-~f~j~f~~ ~:. ~ -.-.,\ \.' ~.~ 1. J:;,..':'\ "-
- ~. ~ "i! ;o;i~~' i~ _J---: -- ~ -}. rii,~ ~~
~. I~ + ~~~~-.' -.---: .-~..'~_-::;::":' ~"-'-'i!l:: _.~._--J ~~~ .'. J ~
~~ I. -J -.~~"-~~..:-.l- , ~>:! ~~ Y \1)1;;-
ill ....!.'?900D-c:-- --> .. ..... .~~ Ir-- C\-;7 :;:;\'1
. ,-~,,~,:-"'.. -:'-~ -;; ~~ ~~~ f:f \y G
" ,~.:_::~ - ?.,;~ Iii:: .'ia~~:r
~~'V 11'I"';i_~~~lh:. ~'} "-",,.: '.
~ . . - J J' ' . .J,~h(q"."",Pf$ ~lIi"'Il:. f
. I ~ ~/ I 0 cr. . ~ ~ ~
~I 3 "'~~~.~ 'i ~I' r1 L~--(~ ~!~- ~
~l' ~~; l,d"~~ ~ ~ ~ _~_-.b""'f" ,- i ~} ~r~t ~
I f tX~'l.. ~ i. ~i ~il81m~~- ~
~. . ,60~1 '.} ~~p~~ ~ ~::t~Yq'k~OZ I q'''~I~sHl ~~ ~ ~
~~~C t.ri. . . ; .r---...___J ~~~~ 1i( I ~
-'10-...\1 'l~"" r~J.'___-t \'i~~; tU~~l \1
. k........... '"'i '. ! '- -/ 1 t'. I.!r ~ ~~J ... ~
. } IU l --- 1 \l1 "t-~ I I!u C!'\ \:::.
. '" , I ~ i ~ lI;j ---
~:"3~~:"!";:r 'LJF~ .'. .,' ~.I ~ ( ~~~('~ ~ ~
. ,., . .' ~ I \ '----- I
~.- ~\\. ~~~__ ...i. :'~ ,tL.._.-!I~--
~I' ~ I -~I r} L, ~ ,..=<~ 1 , ~ ~ ~ ~';I~-
~ I .i .. · _ I .Jl' -.._~..~--- .,0 ~
. l ~.ll. 0 ci a I . ~ b ~ p I ~
. , . _' Z ;;llll:i L.., ~ ~ JIl . _ Iii
"'_ .-0>... --- ~ il:::;; )-)..
" }"I' I~ S i!~ I n~ -~--~g--"-- i '"' ~ ~
I ~}. I r '/~-.,-~'talt~ \ 0-1 ~ ~
+... . .." J ~..... >,';';{; III ~ i{
I .) T 1C~~ I ~ I [f-i'i-''''S;Z"/-r ! i ~
- L, d~ I l::.s., r)....lt c lC...~
, (o;) I ~~ @J ~~L / ~ ' 2S ~
v: . ~ I '<~ ~ ,,~-lf> r. ., J_
~, 10/// k.~/(7C; - j :~P'W.l..OI"~ ; ~;~!il ~60'~ '. .-- -~ 10
r, . I" ~!Ii -= c
~ ~I ~ ...:- - -..~, I :! Lf---~' fl-.~ [~ ;;;'1 .i- ~ ~ >-
~ ' I I L "'- r<: ~~::s '-..:- ~ ~
~ ~i ~ ., t ~l ~ .$) l;f
. ~ i Q : Ll~ ",- ~ ~ ~
-~j~' tJ ~i~ ~Ll~ 'c/,E~---- ~F
,+..- OQ >= __~ _ ..... .... . J:rr~'_ '''f-~ ~
~'j 'l';';~~~/)<(.'.:), ~~ 1Il.ltl. i '. ~r:;.""""'" }
':; - -- ~;'::;\X;%;;:<:'.1 ~ ~ ~"'~~ I : ~ fr ~ ~/ \
f':: 1;></;/0//./ r:i-.' ~:It' ~ iti 1 I fz ::t :{ tl ,I. ' ;
~ ~ ! :.:~;;~: /;;">~~>??;'_ '~~;Z" ~ '-' i 1 ~ ..... V) ~ ~
~ \;;) I .<.;..:X............'.. (!.k Ij ~ 1 ~ ~. I E ~ ~ ~ (l -
t-':;.~~~q~~:J~ I ~ : ~~ ~ ~ v!ll t=:
.' "" 1/ .:2:'::~':-;:'>:'. ~~~ ~!!! Ie "ic~ I llJ t;~" ~ ~ ~~....=';::::
~...... _. .. ,'.~~~ oSl, 11t~::i' '<,\3"----..... ~~.....
_..._._,,--J:.___..~ ""~3:J \I): L___~___ \. '-'"Y"-------+--:: 1
t-, ~'~-~ , toil p ---1 -;;~,::-j-..==-~= I
..,. '-J' ....,r)' '.. . - - r I L- ~ - _,-
I ':::-l~\ . . f-- -~~- . @,~ ~
L _.. .,_" f"? ;', _ @:!) . ," ~__ I
r;..s:.-=.I.~'/i'" -.L_- '.'L . C:i
~ tf~:j - :~5 . ~ : . -: = I
. ~.~ I.. :j-;:-~~-:'I [;l ~ 8 ! . J= ~ ~ - II -~
~ "jei-- ~a' . ~1I~- . 3i [q=-:g -'---r-t----
-' J .r~J!f1?~r-l~ ~J -~ - ~ :;L' ! \.c ,,,:,}@j,
--~~r~ 0 ~:,-_J 1 ~ ~ ~!> ~- l -./ .~j,r~..-.. ~ ~
r0 !' t:: ~. ~ ~ ~ ~ ~~ '- - - ~ ~ - ,
.t:; '~ lU ~ --;-r-'';)~ ~~,1 l(~ \! III ..- ~
~_ ~~ ~ .,-p,tJ/. ~~ ~;" ~~I ~~ ~~ .l' 16~-3/T':
f. .~~ r; ~~~ ~ ')l ,~f. ~~ Ih~ i .\ ~
~ ; "'- 1 ..MIII '.' ~ L-.J '3_ '\ LL
-0 ~-~~~~ ~, .~ -=- - - -~ ~ ~~,~.. I
.. : ~;"t:.1;. J:>~'1. .,~ T .. I L--
t ,1 ~~:-..(~ ~1 .. -~t ~i
: \.\ ){:e. [ . _,
~- ~... -~.- Id;'.~'. ~"-'6~1 --- I ---+-..-
'VvJ' (rlf'~W .
~ ~ ~ /~L'= ~
.,:::;/6& ~ vy
~S=":::::? ;; k.',/;:;'a'r:! .YEJN.J..b'v-~Y ,-=..-
, _.
--..
~t;'
',\.)
~
!t'
iii .
'--'
- '-'
~.~
~ ..
......
':" .- ~,--'--
~~..... - ~-~..:::<
.
~
- '
,.........
SJ
oJ'... -j
') '-'
~
j
~ )
'" ",
-, .)
~ ,
~~ '\
'.-) r (
., '\
FJ _' .
~ \.
@
----~----
1- -
@
--.-
..,~;~~~~%::.:':.~~.:l.
B0056 I1!UJOj!/D:J 'lf~qdwl1:J ~nU~AV ;(~II~LfS ZZ I
'-J.1"1 'SaSj.JdJaJ-U3 AalJaLf-S
~
~~~
! I !
o
i @:0!
l I
"I- ~\l!.'_~~.\:::,...\i--1----_u.....!""1-_._.,,-~. -;---
. - ~:;.~.. I ." I "".., \
0.,.....,., -~~.. ...~=
..._os ~'J '..-.or I
Eo(' · I' '. ..,.....'" I
~~f::. +~.....~ Ii':
.'...; - ""- i I.!
~~ 0.., \.' "'" .' d \
fty-.:::;;;., ". ~\ ~ 7 .....,..
"'....~.. '. ., .. ~.",..
-.yAMuli " '~~.
' ..,...' ...... ~
e
t
~
~
c; c c;. ~.~ c:f. ;c:f d d ~ ~ " ~ ~
I'jrl r l':Jrl t~..;..;j- =
~ J~ ~ I ~., l ~ ~ ~ ~.... c a-
- "" ...;- ....l:I:..MZ
roil ..:;; '"
. . I . . . cc:..;:;;<
I: . : > .... 0
.. Ii I I.. J I Jot r:: 5: ti
-< c ~ < = Oi ~ ~ U ~ l!! =~
zoSil- r..:Zo - 1ol_.:~olI!r..:...
-<~....> =-<~ > ="" -> 1.0
..:l1l.~::J~<...1~~:3~<j;)<=~ ~~
~ =;;/~: ~Q. ~ti ~~ ~ e ~~r.ii ~i
...1~~":~"'...1~ .-::...~SS~'~
~ 5 ~g ~ 12 ~ 5 12 c. 12 r:i ~ ~! i 12
o 0 ll.
~ ~ ~
e c!c! c!
t tt t
~! ~! i
~ _!:.-!:
Vol <~c<z
Q ~l;!;!;tl;
Z =<r..:Io<r..:
-< <",Io<~1o
.J ... r..: r.;: ~ lal r.;:
~ r..:ZCQ~C
roil e';~z';~
U "'~lal:S~r..:
-< olI;:;>..."'>
~ :..:-<~:::.<
Vol u 0
Z ~ CC
~ '"'
ll.
o
~
Iol
~ ~
-< ..roil
Q ~N
~:i~;i
U~Z~
~ .00
a-<N.J
f
... = J K C ".!l 'a ....
..W; -. '" c: It w '; t.i = 'I
- i~:.:i E =.,:c!= = ;..u~~ !.;~" OCt:~
e~&~t..~ Slg~~-._~M.s,",<~ e.=1
"C_'.Ct-oe.c U[I.,,,; .1-.... .-"'.'-
~..~...~~& ;: o_<clo~OE~.'&.~i .~o
:::,"_'" .- ~t:~W;...O; i:~~ -~
bi51~)~ ~~:=.s~l.;~J~~%~I~~~l
~. .._~J ....~-~.I.e-~=~~I~.~!
... i" ., .= t! = -! ...e,& !... 5 _C lr. .c I ~ lit -I.! ~ ~ IiL .! 1 "e t:
~~..- ..~.II! .~-~= 11& &.~Q. . !
~';. Ej!~ .;:.t to! Ii ,,'51: ~l"'-E. e~.. .. ole;.~"
<- .. t f:C ..... .. · .! · =.= . E - ~ olI. t:;:.,,' ..
~~~~.~~~r==-~~ ~ ..e~ .-.~":j!
O:z~!t:~~l!J~;~~~i~i:ti~~~l~l~!<~
c::ecc: .. 'tDl_ft-ei."" C:" ::1-=..... !
ti~ijlil~:.!!IE~~!:~~.~S!iE~~'-<;...
~....."..p-..-f ..~.... -;!..~,~- t:
~t;~il~.~f.i~~eij~~~~=.E~E~~;~
~<~Ee: i"'E~!~Ql~I~E~~li=!ii!~
~ 1 :1 - ~ ~ l ~ ~ :: .;1: ii ~ ~.:: t '0 .. .. .! .l! e-.. ~ g " l! t ~
=: 'S -i 'c ~ ." " " -... ::: 5: ~ ~ <... ~.r: E:2 . V: c :: ~. c: ~ 0:.2
-< 2"ili1 E tf.k Eel..J;.~ E lli:!;~!-~ p~'i l=~
~CC~~fc..:II.c.~.S~II.c.~~EO_~II.c.E~e~!~
~.
~
~~ N ,..; ..,;
::c:
-
r..
I /',.;
'. ,';,,: .
1IIi'
...: "r.."
'. ~
't
..
" :f. \:
. .~ :~:;-~
,-, . it... ,:-.
-. - .,. r :~t. i j
~t'" -... : . ~ l
.. ~:J . . :" !!~i"_"~l .: ~~.
--."..--. - - -. ..- ~ -:.,.'... _..".~ '.
"l""li~~ "C;' ,.,~.'h',-, "..,..... "'mg.'If!"'"'....
=::..::~~.:!.:_",~;...;~" -,..r, '~~ ..~!~+~.~;,~:
~-~
i- .. -.
-~.'.'~ Ii
.. -1
:.'";.
if ~
~..,-
J~',m
33 '" '.
~ , " VJti:; ";': ...d:~','liii!~r.~~
":n-;;~5 _ "...~:{~;~~I'fiA~IJ;1 ,. -'
..
g;
8
'1,
~
~~ ,- ;';'"
Hi 'lii~.~
: :If,;. j
~ t.._
;
1:1;
'I
;-:,:'
,t'
,.
r.:
- ;.~~i11l. .
-.r' _.~III~~li>. . '., :'~'.,.
;d .':.--"t"~"~I!lIii'-i-""",1
_..'ll.ib~~:J~6b'1: ~-~~:Jla" .~'Uj
~I .' ",
..:j;iii-'-' ..;!.<'.....1
f--J"
~ ~\)
C~
~ .- ,~ "
~c:- ~~--
N ~H z ~
\)J\t:\1 ! 0 0
~~ . $, ~ ~ ~-
11 ~::> 0-
3 - 0 rn
- \\\.\ 0 pJ
\'-1 cl. \ \- '5- ~
~ z rc{'\
1-0
\:' ~ ~ m 9
t f:~ ~ ~ t ~
~~- .~ < ~ ~
~ \\ c;:: ~ ~
~~ ;il_1
@
~ :.1.__
:.: _~.::rj~1
....,;oa.
'-
~
t)
~
,.-
i'i
~~ ~ ~
~'~. ~ ~ iIi
~ ~~~ ~ ~~ ~
~-~~~ ~ $~)..
t ,~~ ~)~11} ~
~ ~~~ ~:~~~;
.... ~t ~ ~'" ~ ~
r ~a:l. r \'{~"(j ~
i \ ~ ~
\U
.....
i.........,~~
f> -<-;.1
i::'<:>~ ;
v......';,
t~//
WI.~
~~.".1I11
1-- . ~IIII
I~ ,,1111
'0- "J~ I.
tA,'</Jji;
\'
~l
<<
~
;.I/i.J. ,r"-/~
"
Ii :i
I d~
~~
'- ~,
~
68L -EZ9 (0 I S )'l!d
SUO/llJM1/J JO!Jt1lX3
\f f-9f10W
80056 tJ!IfJOJUtJ:J 'lIi1qd66lfl-:J MUMy-hm"fS Zl t ~ ~
, "::>"1"1ISaS!.JaJt1-;JU3: Aall8tfS ~ ~ ~ ~ Q!0) J
! I J . I 0
DOOqU:) DU31
"'":iI,,,
',,!"
C -J
W -''''':
("t") we..
> c:> CDw
c:> D..C
'" :iEC!J
-
W Cl':l <Cz
~ 0_
U u..Z
a:::: oz
W c... ~:s
<(
-Q..
a: 0
· ~Jilmmf J ! i II J!M!!! lfi i i lilt df'!iU J Ii Imm _ lUljliiiiftiilij! Ii
J ililllfin! I } l llH fll" if!llnlli~ jIlt i ,I fIlii iitHIII iJ! ii, nll1iflj !liifl!f!~"Ln,jllll'
'ilf~~a'll'I~b j Pili! j ifril~f~J 11< Jfq Jlljl!<J J olli l'i"I~''-Jjf~~elli~r.i UE~j
, ili!illiitflll ! ! ! 1 J il !U ~Ill flitl Mt !i i! m if f !II mill! III ilillJli !ltml~limm III
,,'Ji'JZ
"hzl
_I i&'
.Oll
,
-.!-
I
I
I
,,/ifF
II
I
~'h i
- - - ------t- -
i
I
!
i
i
I
I
I I
II ! I I I
, I I
I I I
I I.
I
I I
I "
I'
-j
ODODD I z
ODODD :- , 0
. ' -
, , t-
. - c(
. onOOD ' I >
WI,)
; I ..J.
ODDOD Ii w,
.~
:1 O::'t-
~~.
\\l
/
/
I
i
I
!
,
~
~
~~
~~
~~
l:~
~Hi
I
I
\
\~
r - _--.:___-c-:
I
I ,
;--~-~:;;;:-='-=~
I '
I
I
z
o
;::
c(
>
W
..J
W
W
C~
(ij~
..
t-~
u. ,-,.
W~
..J~
I,
J
~.;
.L...JLJIIJ] .I
I
I
II
II
-ll
,
~ __ _._ _ _ ._" _ J.
z
o
-
l-
e:{
>,
W!
..J;
~tl,
- \J
0..:..
I- ..."
~~
0:: :~
I ~
-
=
i
i
6(SV6 U!WOj!IUJ 'lUOW;)Jd
All h\ StlSUIl)l 96l
UOOq8{) UU3f9-
SUO/JlJAt113 ,./o!,./aJXl
8 rapovv
80056 tJ!U..IO)!/D-J 'lIaqaUlD:J- anual\\7' ..tell/elLlS III ~
":)T7 'sas[.Jd.mU3 Aallaqs t' ~ i ;g I
111.1 li
968L -((:9 (O( S )"ljd
[J
[]
I
I~';~I~ i~
~,~IDu~~
1~1~lmn~
~! olom
I I
j !
~
~.
i Ii I! I
Iii
z
o
~
~
W..
...J~
wi'
l~t
~I~
o~
e: I~
8
8
~
I ,
I ,
k ~
~~ ~t,
U ~~ ~
~~ !~~ ~
~~ \oia ~
c
w
> g
- ~
W ~
U:
/uW ~
~J:C
lrl
~~
~~
z
o
~
::> ,,~
IJJ ,~
'",
-Iq
IJJ i;
0: i~
<(~
~;~
~:t ~
cL :t
~~ ~
~~ (~
~~ --l}j
'I-~ ):;::
" ~";:
~, ::';;0;.
z
o
~ ..
::> ,~
w,
-I .'1
W'"
'~
(/)I~
w'\!
c ""
U5 I ~
='...,:
We..
I:Dw
o..c
~c.!'
oZ
u..Z'
02:
~=s
-0..
(,)
uJ
t-
en
-...
o
0-4
o
"
'-'-
'"
""
:::IE
....
....
~
...
"-
;:s
'"
c,.
c:
:s
+-
';\
~....o I
! II
:ii en i .11
o-~/
:11 ' :: 1'1
!Ii 11
II!
ill I II
i!l! +:..' I '
I I !:,' ~
i .~;$~~~v il
"'~'.&1~~-
~ ~~
~
II
~- tl
. 4!0", ~~
i~:
i tP~~ 1
Jl
,C~-
~ I
II
I~
W~
"~.~"'Q
~;~),JW' "
>
-
W
o
W
"'T!'- .-D:'
; 1 <i]l;
l i :" i:l...ii
;: ~'~ ~'~
i i '1 }.j'
;~ tj
~ -:-- r..-- ~ '
~ I f: tt; i
i ~~'~-'~~II!
I t I "',
~ :". ! ~
l~ -t:---is- ~
llU!;'-.i ":'
, ~ ~~
~ ---
,.
i I I
I! .:1~
Il~ ,i .,~
I~..i' il
~ rtii!,~ ~I
:1 ...C\~~f&)o" . :r
i::~'i!~t i ~.~,
~ '~~IIIIil .~Ir~!-
i l ~i~ll~i 'Ii~
Q I.. ala Ii;! iIlli
2 '3
6: i-
.:J,
"...,
>.~
J_:Jv~i
,
.....
'0 \f
(~'
"
""'t
.;, 1'--
.~~.
-'D
f1)
~-~~
-r.::::::.
l:~....) ,
Q~ .
.>,
,~Hi, \. ' i ~
1~'l~1 _-~_ \. Jf.~.oi.~~'__
/ "'-'\ ~.otc l
~. \
\
.
\
" __-s: \
C-1>
'r
"~.:-~:
~, ','
\ ._'!-o'$'! J
'----.~ t
. II
, ~It
.~ 1~
~~ ..,.:.
u.:
u\
.,;
~
..
r-
10:;
....
""
~
1
Jlil'6.
,-'~
"_.4~i~,. '
~
""'
ui
~
tr" .;,:..pCl.:;:J ,
M"ilUj,i1f,l111
I)OU
--
~2Sz ~;'
-.....
't,~
t. 0
o
1"-
c;
CD
!-
'Of\[
...._ 'J t.~< ?i
'~
~lZ~
-il
\.~
...,~.t":
..
0::: ';'-'b
lil Y..: o.
::c: ,f',
.~.) ex:"
<( ;::"5
~-:(')
.i...\- -....
r "....-
v >-,
k
I..,.
~
v.... ,
14';- .
4.~
~~
~~
",,'
.,.
~\
~
....
~
("f").
c:::l
c:::l
C"-..J
::f;':,'<;
LUIit'.~'..'..'
a)'W''''
~i:::ir+
<(C!J
02
u..Z
02
E;~
c.:>
-+-
Cl
IN
~
:E
~.
<<-
~
~
"'-
<I--
~
.~
ttCo-t1le ... "..,'10 'illOI" IfYS
milV.VJ._" L6U
9NWBNt"* A83)1HI)I
;a
~!!I-
.~h
~h'~
if' ,,~
..h;
k ~ilif
~ ~~ii~1
~ I~~I~~
~ ~J~l!.~~
~ t~~lIlcl
..... "", :I..l;j
-1It-- - ,
!:
..
..
~.
~\
.....,
..,
!I
II
"'-
&-~
~
~ ~~
~~~
"".....C\.i"<..,;.
~~~~ ~L
~~
!!..~~ f-.
. 1 ~....~~
-~
~c- I
">.:
~.J
V
Cf
E' 8 c
"0 \r
;~
.J
,-'-
f-.
f\~
~
'i
'-f)
q_~r-iiiJ:nt _
.frj/~
Ittf.S'~ li't/.l$.1I1
-',
a:.,;"
o
~;
....'
0['
~,
4'212;";
0:
Q>'
,~--!
~" \c"l
~
....
'"
....
~
~
US
...
"-
""
~
Q
<:
~
ill
?--
"'"
't>!Jo:.
~:~
;:j'~
~
,..1-
,
J
'v' ?i J-
'el'\,:
i- ()
-~
?Z---
-ii
"
<:i
l'l
i I
II
ijl
~~
:j1-~
~I
Q
~
II
>tt~
il
+
. .
"
C ...J
W ....J .
wt-
M mc-
> C) c..W
C)
C'...J ::i:Q
- <(C!l
W =>
~ 02:
0 u..Z
~ 02
W ~ ~:5
-a..
a: t.) -+-
.;>,-
~.
n:: .;...~
1..1....)
~~:::
!,,-j ,,~
<(;" .~
[(~;
t) :;
::..
~'IO;
'$
0>..--
~
~
-
... A93)/11)/.QlI........ L....:......... '-'''''L..Y.'-~NY1I ~
_._ __ -m-i"""""""'" "''11 .- r_ ,,"vr ... - ~-~
..."U"":'a/7,r'..... [L.U/.ill''',*~I_i1..Nt . i/ . ~:;;;
,... ."" bNll:I:i:iNlON:l A83)J1:IJ)1 . . t(: AI.'.'.'" Itr:"'. v~'
-..UlUO!l~.....,..,.,....&tICt-.
YINlIO..lI"tYO.-' .":n..,,VO
, In. '0" .LOyU':anN3^Y .u"lIHS lit- .
iNV1c1 ~9VNJYlia aNY eNJOY
If)
:!IN'"
1C1t II.
CIi 0
j C .~ ~ ~~....nh .11 !~~
\\0 ;slt'l"<.,, . "~
()O ~ ,. C'olL.,.,...~.~~.'1f: :1:'\1
I ,5- !t'"uf;C" i l'!
= -.; _ ~~i~~ili~ . ~
J 1 ~ '=' ~" f /~ ~~ ~~i!,1 iJ
I'~ ?.::5 . ==-=_-=~~__-=--=-~=-=-~-~~======= --=---==~-=-=-=--=.-=-= U1Hl" J.
~ re 4-; - ------- --- -------------~ ------------!~ Sl ..,.
'a 5 &:iv11 ~. ~l" . I. i\\\tI\f\
g~ J~ ~ J~ : -~-"~ ' ,';.. y ~ . ~.! ,~w If ~~\\\ll ~
, \1 \ .-------------------~~--~ -- ~-, ~\Wl\~ \
. :F~--'~---~---~I~. ;" ~v, t~~d\l il
J J 0 ~ 1---0--- 0----" "'-~\l~
I .~. 1\: .__~----~, ----,-;--, I I I' lh~~ HUlst"
, t! ~~, ,..".--; :'c~ ""'. \<--;---.-.:, :--':"-. ~-d~.. ".~ _....ll: '~lFE=~~.-"'"" ,
. !____-I~~r:'.:::/-::~:..............,i~...~ ~ ~-=-r(H~IS'ONIIO)
~ S ~ - I"~ \J.., "V ,._ .... '~lJ>L, "C.-. 3.009'0, ..... -.. ~ ': Ii
~, · - ~ ~l~ ....i -- ... :. ~ '
! ~.)~; I Pr1" ~ ~I.L ,,!!~--:,:"_: /;.{..,(~ .. .'., .~ ..rl.;5;:l....ij. I.'
ei ";':; )~ I~// 09t7sa .' mt ~ ,.. ~ ~V' . ~~t:::"
~. j "( . ! f 'I~' - :.~ '
'':' :ti~ r' ~,~ ~ :.. H V 4 B. ~r-J i ~.. ~~~ .. . !' ~~.I !
c---.'~" ~ ~ ~ r.; ~ ~I--'~ ~ m~'~ ."'11 I
.. ~,i[i4d'[ ~/~ J~ I," ",.,,:;' _~;~G.;.:~..'~. ".''J:I~~,. t~i~:..h.~.:.,..~~. , ,
~ ~ II [,j- tii ~ ~<l I -~\' ~ ;;.;~.i:i I .~
to 1 : ~ ~\i. ~ iJl'. 't .~ ~i ;..
. ___~~ . fr~~.Q~ 1\~ !z~~~~i-~ ._~. ~~~:-!:i; ~
/ l/l ~ ";-- '." ~~ . .J.:~r~ I ! q . - ~ , .>/10"''''.''.'. 1 iQ !
( M-- ~. J.. r~ ' .,.
"""t5 _ 1 ' ' ,1 .9L'V'i ~ . COd; , , (llr..; I
~- ~~ iii ,~~ ~ .,...-,. ~ ' i!i i
~ $: 'T ~g · ,. a . t..~L- ~ t~ :. ~ ~: .
-.o~ ~. .:,,' "'. cl..~~; ~ ~~~ -. K..i ~:~~\::7 r:! '\:1
'-l !-' ~; . !\S . \.~~~ lll<1-~ . ,t>-.-.. '; /\. ~ -"n~~,'
I .:;, '.....' .,.."'. "1i2.. "- ',.,. '" \ .. .- ~.. . .
. '-:- · ....9 ;,.~ .-"lA J ' .c' f'1
~ ~~ ~.'.. i ~i2 Iii 2~~.~1 =~ I ;> ..~~;
...,J ..,.' ~': I 4! . / hIL.iI =, l;,,' ~. lJ . "
~ '3 .~' ~ i I ....;. ~ j: ~ ," ~--'1 ! I I
~ ~ ") . /1,L'"r, I 11.. ... ~" ~~. ~ ~~~ T U ? I
~ , I / 0 .~ I . 1i'J; ...iJ ~ -- ...L ~~ - -- .
~ ~ I~. . ~; . I"" . I~ . . \ . ~: \) ~ ~~'~lJ\
\ t:l.... (40 . ~ ':J' 1l.':l Q1 -L.............. ."
~~~ :j/~ It)~dN u~- ,;' '~: "~rl ~ -~
~~~. ;,f '<n~~~~~~tf' ',: :('1:Y"::2 :~
).~~ ~ ~ ill l' _~~ ,"" I t3~ !L .~<; ~ ~~- r:, ~ ~~.~ ~
. 0..... 'b ' 'l,> -,"3' ~ -iJi' ,~. v
ow Z "'''".:\ d, 1.---.'5l'" -<(
,,~_ I .~, 1-- d> \ "I.1l2Y.~'S --0::
~ . 1>-.. t . ~ ,~ra;'",g .. a;,'OS?''7/]i--
7,)~ . " -rL --L~ --" -.'
'~", 1"~ I'~>:- ~.'ii", 'i.\>, , .. ~~ Ii
~'.' ....~..~.., 1 ~ 1-~~.~J.IOt'm'tcl':J''1.. ~ .i'-.j. ... ~!!j.~~I{2;%.'.1I '" ~
~t.~-.__ <?9..' ~ 1_,~<f..I 1":--"10t/.SSlf,6i I fJ.. . rlZ'1~rn
o .~~_;<- ,........... . ~.- \"'ii<, - . v:tJI!t~.iI.i
Z ": ,.. I ',..- ,",^,," W
~ ~. ..=.,~. '.,.~.~ .. OOG~G'.':i:J., ~1.0. '7
<( ~. ''i,...($'~. ~.
IX T~ '
r ...~' ;!~ 0 ~ '?('~jn ~~~ iCit{:' J"\!
~~ ~~ ~ --~~~-...;:~ /..
.~~ f'.----1II-~--- :;;'00<>1 cJ
~ N~ 1~i~~ . l!-
~'\"'~ <iIt~ ~~ ~:~~ ..:,~"(<\ ~~,/
~),'t1~~r, ~~ b~ ~~ to ,..'~~ "'C1o.. ~"'''r$
1F ~--' ...18 o.i's ~ I
:-<< ~- I . ~,(<,r:!l ... . ~~ .' . ~'l:-<<
.9~ci' ':i~. :...", f;,;t3! ,rim '\ E2'\il'"\l-~ ~
........ ..) 7 ,,- r-J
jj~ ./ ...y~. ~
~., r.;;~ ...~_~ ~. ~'-;---- ~ \..
~~~ --~...: ~d> . - .,~
__ _ ~ ,ocrttE ......" ,9L'~ ~ ---
_~~--~-_._--~-------_.----~J;L~.:o.~~~!~~!!_---~'---~--~--~
-1-0
.;.-.; "OJ'fUU
T~
""" \01
~ ~I
~ ~I
i2 ~ l
~~..i
fl
~ ,\
~ f~
'"' l!!\
~ ~ I
~~
\ .".
~'}i
Ii ..
I b
,~
';:'
I ::' ~
r ~~ -
,