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875 Apricot (1991)EXHIBIT A CONDITIONS OF APPROVAL: PM 91-03 SITE ADDRESS: 875 Apricot Avenue APPLICANT: James C. Chen& Assodates, Inc. P. C. MEETING DATE: July 9, 1991 The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the Ordinances of the City of' Campbell and the State of California. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell land the State of California which pertain to this development and are not herein specified. STREET/SITE iMPROVEMENTS 3. Street Improvements: Dedicate additional right-of-way to widen Apricot Avenue to 30 feet from centerline. Street improvements shall be constructed as directed by the City Engineer. (Public Works) Encroachment Permit: Submit street improvement plans, pay fees, post surety and deposits as needed to obtain the encroachment permit required for all work within the public right-of-way as directed by the City Engineer. (Public Works) Grading and Drainage: Provide grading and drainage plans for review by the City Engineer. (Public Works) PUBLIC SAFETY/WELFARF. 8. Underground Utilities: Underground utilities to be provided as required by Section 20.36.150 of the Campbell Municipal Code. (Public Works) e 10. Park Dedication Fee: Applicant shall pay fees of $9,096 (2 new units @ $4,548 each) for park dedication. (Public Works) '~,4 Code, Covenants & Restrictions: Coaqe, Covenants and Restrictions (CC & R's) shall be approved by the City Engineer to insure provisions for maintenance of buildings and common area. (Public Works) DECLARATION OF COVENA/qTS, CONDITIONS ~ RESTRICTIONS RECEIVED hUE 2 PUBLIC ADMINISTR~ ~'i,,.;~. THIS DECLARATION made On the date hereinafter'set forth by S.C.T. DEVELOPMENT, INC., a California Corporation, hereinafter referred to as "Declarant", being the owners of certain re~l property situated in the City of Campbell, County of Santa Clar~, State of California, known as Villa Vernazzi, more particularly described as follows: ALL OF LOTS 1 THROUGH 5 INCLUSIVE AS SHOWN ON THAT CERTAIN MAp RECORDED IN BOOK OF MAPS, PAGES AND , SANTA CLARA COUNTY RECORDS. APN Declarant does hereby declare, for the purpose of protecting the value and desirability of the properties described above, that all of said property shall be held, occupied, sold and conveyed subject to the following easements, restrictions, cove- nants, and conditions and charges set forth hereinafter, all Of which shall run with the real property described above and shall be binding on all parties having any right, title or interest therein or in any thereof, their heirs, successors and assigns, and which shall inure to the benefit of each owner thereof, and all of which are imposed upon said real property and every part hereof as a servitude in favor of each and every lot thereof as the dominant tenement and may be enforced by declarant, or his successors and assigns, each owner, his successors and assigns, or by the Association, its successors and assigns. ARTICLE I MAINTENANCE BY ASSOCIATION Section 1.01. The owner(s) of each of Lots 1 through 9' inclusive, shall share equally in all costs or expenses reasona- bly or necessarily incurred by the Association in connection wi~h the maintenance of the common area, including driveways, drainage facilities, sanitary sewage facilities, common area lighting, landscaping, and fencing. Section 1.02. In addition to maintenance on the common area, the Association shall provide exterior maintenance on each lot. Such maintenance shall include painting, repairing, replac- ing, and caring for roof, gutters, downspouts, and exterior building surfaces, drainage, and sanitary sewer systems. The owners of each of Lots 1 through. 4, inclusive, shall share equal- ly in all costs or expenses reasonably or necessarily incurred in connection with such maintenance. Section 1.03. Any action authorized under Section 1.01 and Section 1.02 shall be taken at a meeting as provided herein. Written notice of the meeting may be furnished by any party desiring to call a meeting upon notice to be sent to all affected owners not less than ten (10) days nor more than ninety (90) days in advance of the meeting specifying the place, date, and hour of the meeting and the nature of the business to be undertaken. Owners who are unable to attend any such meeting in person, may vote by written proxy, or may give their assent in writing to any action taken not later than thirty (30) days from the date of such meeting. Ail votes for each lot shall, if at all, be cast as a unit. In the event that joint owners are unable to agree among themselves as to how their vote or votes shall be cast, they shall lose their right to vote on the matter in question. If any owner casts a vote or votes representing a certain lot, it will thereafter be conclusively presumed for all purposes that said owner was acting with the authority and consent of all of the owners of the lot. Section'l.04. At each meeting referred to in Section 1.03 above, the owners shall appoint by majority vote a manager or other person to perform all or any part of the duties or respon- sibilities required under the terms of this Declaration. The manager shall continue in such position until terminated by the vote or written consent of the owners of a majority of the lots, and shall receive such compensation and reimbursement for penses as determined by majority vote or written consent. The road manager's duties shall include, but not be limited to, collecting and managing the funds as set forth in this Declara- tion, employing contractors or employees to perform the mainte- nance work as set forth in this Declaration, providing notice and presiding at meetings of the owners, and employing attorneys, accountants, or such other individuals or firms as are reasonably required to carry out the purpose of this Declaration. Section 1.05. In the event that any owner(s) shall cause, by any act or omission of such owner(s), or such owner(s)' guests or invitees, damage to the common area, or any facilities con- tained thereon, said owner(s) shall be solely responsible for .all costs and expenses incurred in repairing such damage. Section 1.06. Any amount due pursuant to the preceding section shall become delinquent if payment is not received within fifteen (15) days after its due date. If any such amount is delinquent, the other owners may recover all of the following: (1) Reasonable costs incurred in collecting the delin- quent sum, including reasonable attorneys' fees; (2) A late charge not exceeding 10% of the delinquent amount or $10.00, whichever is greater; (3) Interest on all sums imposed in accordance with this section, including reasonable costs of collection, and late charges, at an annual percentage rate equal to 12% interest. Section 1.07. Any manager appointed pursuant to SectiOn 1.03 shall provide the owners with a statement, not less than once annually during the term such person continues to act as manager, setting forth the estimated revenue and expenses of the Association, the allocation of any such expenses among the own- ers, and a general statement as to whether the manager has deter- mined or anticipates that additional revenues will be required to repair, replace, or maintain any of the common area, or any facilities contained thereon pursuant to this Declaration. ARTICLE II USE RESTRICTIONS In addition to all the covenants contained herein, the use of the property and each lot herein is subject to the following: Section 2.01. No lot shall be occupied and used except for residential 'purposes by the owners, their tenants, and social guests, and no trade or business shall be conducted therein, except that Declarant, its successors or assigns, may use any lot or lots in the project owned by Declarant for a model home site or sites and display and sales office during construction and for a time period not to exceed three years from sale of the first lot. Notwithstanding the foregoing, a lot may be used as a combined residence and executive or professional office by the owner thereof, so long as its use does not interfere with the quiet enjoyment by other lot owners of their residences. No tent, shack, trailer, basement, garage, outbuilding or structure of a temporary character shall be used at any time as a residence either temporarily or permanently. No lot 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, 6r arrangement, including without limitation, any so-called "vaca- tion license", "travel club", "extended vacation" or other mem- bership 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 in the project rotates among various persons, either corporation, partnership, individual, or otherwise, on a periodically recurring basis for value exchanged, whether mone- tary or likekind use privileges, according to a fixed or floating interval or period of time of 25 consecutive calendar days or less. Provided, this section shall not be construed to limit the personal use of any lot or any portion thereof in the project by any lot owner or his or her or its social or familial guests. Section 2.02. No noxious, illegal, or seriously offensive activities shall be carried on upon any lot, or in any part of 3 the property, nor shall anything be done thereon which 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 the respective lots, or which shall in any way increase the rate of insurance for the project, or cause any insurance policy to be canceled or to cause a refusal to renew the same, or which will impair the structural integrity of any building. Section 2.03. No trailer, camper, mobile home, motor home, house car, commercial vehicle, truck (other standard size pickup truck.or standard size van), boat, inoperable automobile, Or similar .equipment shall be permitted to remain upon any area within the property, other than temporarily, unless placed Or maintained within a garage or carport. Commercial vehicles shall not include sedans or standard size vans and pickup trucks which are used both for business and personal use, provided that any signs or markings of a commercial nature on such vehicles shall be unobtrusive and inoffensive as determined by the Association. No noisy or smoky vehicles shall be operated on the property. No unlicensed motor vehicles shall be operated on the property. Section 2.04. No signs shall be displayed to the public view on any lots or on any portion of the property except such signs as are approved by the Association or committee appointed by the Association. One (only) "For Sale" or "For Rent" sign per lot shall be allowed provided it does not exceed three (3) square feet in size. Section 2.05. No animals, reptiles, insects or birds of. any kind shall be raised, bred, or kept in any lot, or on any portion of the property; except that no more than a total of two usual and ordinary household pets such as dogs, cats, birds, etc. may be kept provided that they are not kept, bred, or maintained for any commercial purposes, and that they are kept under reasonable control at all times. Section 2.06. Ail rubbish, trash and garbage shall be regularly removed from the property, and shall not be allowed to accumulate thereon. Trash, garbage and other waste shall not be kept except in sanitary containers. All equipment for the stor- age or disposal of such materials shall be kept in a clean and sanitary condition. All equipment garbage cans, woodpiles, or storage piles shall be kept screened and concealed from view Of other lots. Section~2.07. No owner shall be permitted to lease his 10t for any period less than thirty (30) days. Any lease agreement shall be required to provide that the term of the lease shall be subject in all respects to the provisions of the Declaration and the By-Laws and that any failure of the lessee to comply with the terms of such documents shall be a default under the lease. Ali owners leasing or renting their units shall promptly notify the secretary of the Association in writing of the names of all tenants and members of tenant's family occupying such lot and of t~he address and telephone number where such owner can be reached. Ail leases shall be required to be in writing. 4 Section 2.08. The owner of each lot shall be liable to the Association for all damage to the driveway or drainage facilities caused by such owner or any occupant of his lot or guest, or by the owners' pets, except that portion of said damage, if any, fully covered by insurance. Section 2.09. No building, fence, wall, obstruction, out- side or exterior wiring, balcony, screen, patio, patio cover, tent, awning, carport, carport cover, improvement or structure of any kind shall be commenced, installed, erected, painted, re- painted or maintained.upon the property, nor shall any alteration or improvement of any kind be made thereto until the same has been approved in writing by the Association, or by an architec- tural control committee appointed by the Association. In addi- tion, no architectural change shall be made without the written approval of the City of Campbell. Plans and specifications showing the nature, kind, shape, color, size, materials and location of such improvements, altera- tions, etc., shall be submitted to the Association or to the architectural control committee for approval as to quality Of workmanship and design and harmony of external design with exist- ing structures, and as to location in relation to surrounding structures, topography, and finish grade elevation. No permis- sion or approval shall be required to repaint in accordance with Declarant's original color scheme, or to rebuild in accordance with the original plans and specifications. No permission or approval shall be required to remain in accordance with a color scheme previously approved by the Association or the committee, or to rebuild in accordance with plans and specifications previ- ously approved by the Association or by the committee. Nothing contained herein shall be construed to limit the right of an owner to paint the interior of his lot any color desired. The architectural control committee shall consist of three members, appointed by the owners. A majority of the architectur- al control committee may designate a representative to act for it. Neither the members of the committee nor its designated representatives shall be entitled to any compensation for serV- ices performed pursuant hereto. In the event the committee fails to approve or disapprove plans and specifications 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 h~e been fully complied with. Section 2.10. Except as provided above, each owner of aliot shall be responsible for maintaining the structures located upon his or her lot, including the equipment and fixtures in the structure and its walls, ceilings, windows, and doors, in a clean, sanitary, workable and attractive condition. However, each owner has complete discretion as to the choice of furniture, furnishings, and interior decorating; except that windows may covered only by drapes, shutters, or shades and may not be paint- ed or covered by foil, cardboard, or other similar materials. Each owner shall also be responsible for maintenance, repair and replacement of all plumbing, electrical, heating, air condition- ing, and gas lines, conduits, apparatus and equipment servicing his or her lot and repair, replacement, and cleaning of the windows and glass of his or her structure. Each owner shall also maintain the owner's front yard in a neat, clean and attractive condition. Each owner shall also maintain the owner's property so that all utility shut-off valves remain accessible at all times. ARTICLE III PARTY WALLS Section 3.01. Each wall which is built as a part of the original construction of the homes upon the properties and placed on the dividing line between the lots shall constitute a party wall, and, to the extent not inconsistent with the provisions of this Article VIII, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. Section 3.02. If a party wall is destroyed or damaged bY fire or other casualty, any owner who has used the wall may restore it, and if the other owners thereafter make use of the wall, they shall contribute the cost of restoration thereof in proportion to such use without prejudice, however, to the right of any such owners to call for a larger contribution from the other under any rule of law regarding liability for negligent Or willful acts or omissions. Section 3.03. Notwithstanding any other provision of this Article, an owner who by his negligent or willful act causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such ele- ments. Section 3.04. The right of any owner to contribution from any other owner under this Article shall be appurtenant to the land and shall pass to such owner's successors in title. Section 3.05. In the event of any dispute arising concern- ing a party wall, or under the provisions of this Article, each party shall choose one arbitrator, and such arbitrators shall choose one additional arbitrator, and the decision shall be byla majoTity of all the arbitrators. ARTICLE IV GENERAL PROVISIONS Section 4.01. The Association, or any owner, shall have the right to enforce, by any proceeding at law or in equity, ail restrictions, conditions, covenants, reservations, and charges now or hereafter imposed by the provisions of this declaration, and in such action shall be entitled to recover reasonable attor- ney's fees as are determined by court. Failure by the Associa- 6 tion or by any owner to enforce any covenant or restriction herein contained shall i'n no event be deemed a waiver of the right to do so thereafter. Section 4.02. Should'any provision or portion hereof be declared invalid or in conflict with any law of the jurisdiction where this project is situated, the validity of all other provi- sions and portions hereof shall remain unaffected and in full force and effect. Section 4.03. The covenants and restrictions of this Decla- ration shall run and bind the property, 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 respec- tive legal representatives, heirs, successors and assigns, fora 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. Section 4.04. Prior to close of escrow on the sale of the first lot, Declarant may amend this Declaration. After sale of the first lot, ahis Declaration may be amended only by the affirma- tive vote of a majority of the owners of the lots in the subdivi- sion. Section 4.05. Any notices permitted or required by the Declaration or By-Laws may be delivered either personally or by mail. If delivery is by mail, it shall be deemed to have been delivered 72 hours after a copy of the same has been deposited in the United States mail, first-class or registered, postage pre- paid, addressed to each person at the current address given by such person to the Secretary of the Association or addressed to the lot of such person if'no address has been given to the Secre- tary. Section 4.06. 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, Or the By-Laws, as lawfully amended from time to time and failure ~o comply with any such provisions, decisions, or resolutions, shall be grounds for an action to recover sums due, for damages, or for injunctive relief. Section 4.07. No breach of any of the covenants, conditions or restrictions herein contained shall render invalid the lien Of any first mortgage (meaning the mortgage with first priority over any other mortgage) on any lot made in good faith for value, but all of said 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. IN WITNESS WHEREOF, the undersigned, .being the Declarants herein, have signed this /JP day of /~/~.~- , 19~. S.C.T. DEVELOPMENT, INC. , a California Corporation By: ~ ~/q~'~~ STATE OF CALIFORNIA ) ) SS: COUNTY OF ~;~ C/~) On ~Z'~U~;S~' /9 , 1995, before me,~/~/~/~x~ /~ ~u6x3~, a Notary Public in and for said County and State, personally ap- peared ~/'~3 ~ ~/~ A] ~ , personally known to me (or proved to me on the basis of satisfaC- tory evidence) to be the person(~ whose name~ ~a-r-e sub- scribed to the within instrument and acknowledged to me that ~s4~e/t4~ey executed the ~ame in ~Ae~/thcir authorized capac~- ty~), and that by~~e~/t4%~ir signature(~ on the instrume,~t the person(~), or the entity on behalf of which the person~; acted, executed the instrument. WITNESS my hand an official seal. CCR, SCT-DEV.CCR; 6/16/94 THIS DECLARATION made on the date hereinafter 'set forth by S.C.T. DEVELOPMENT, INC., a California Corporation, hereinafter referred to as "Declarant", being the owners of certain real property situated in the City of Campbell, County of Santa Clar~, State of California, known as Villa Vernazzi, more particularly described as follows: ALL OF LOTS 1 THROUGH 5 INCLUSIVE AS SHOWN ON THAT CERTAIN MAp RECORDED IN BOOK OF MAPS, PAGES AND , SANTA CLARA COUNTY RECORDS. APN i Declarant does hereby declare, for the purpose of protecting the value and desirability of the properties described above, that all of said property shall be held, occupied, sold and conveyed subject to the following easements, restrictions, cove- nants, and conditions and charges set forth hereinafter, all 9f which shall run with the real property described above and shall be binding on all parties having any right, title or interest therein or in any thereof, their heirs, successors and assigns, and which shall inure to the benefit of each owner thereof, and all of which are imposed upon said real property and every part hereof as a servitude in favor of each and every lot thereof as the dominant tenement and may be enforced by declarant, or h~s successors and assigns, each owner, his successors and assignS, or by the Association, its successors and assigns. ARTICLE I MAINTENANCE BY ASSOCIATION Section 1.01. The owner(s) of each of Lots 1 through 4, inclusive, shall share equally in all costs or expenses reasona- bly or necessarily incurred by the Association in connection with the maintenance of the common area, including driveways, drainage facilities, sanitary sewage facilities, common area lighting, landscaping, and fencing. Section 1.02. In addition to maintenance on the commgn area, the Association shall provide exterior maintenance on eagh lot. Such maintenance shall include painting, repairing, replaC- ing, and caring for roof, gutters, downspouts, and exterior building surfaces, drainage, and sanitary sewer systems. The owners of each of Lots 1 through 4, inclusive, shall share equal- ly in all costs or expenses reasonably or necessarily incurred in connection with such maintenance. Section 1.03. Any action authorized under Section 1.01 and Section 1.02 shall be taken at a meeting as provided herein. Written notice of the meeting may be furnished by any party desiring to call a meeting upon notice to be sent to all affected owners not less than ten (10) days nor more than ninety (90) days in advance of the meeting specifying the place, date, and hour of the meeting and the nature of the business to be undertaken. Owners who are unable to attend any such meeting in person, may vote by written proxy, or may give their assent in writing to any action taken not later than thirty (30) days from the date of such meeting. All votes for each lot shall, if at all, be cast as a unit. In the event that joint owners are unable to agree among themselves as to how their vote or votes shall be cast, they shall lose their right to vote on the matter in question. If any owner casts a vote or votes representing a certain lot, it will thereafter be conclusively presumed for all purposes that said owner was acting with the authority and consent of all of the owners of the lot. Section 1.04. At each meeting referred to in Section 1.03 above, the owners shall appoint by majority vote a manager or other person to perform all or any part of the duties or respon- sibilities required under the terms of this Declaration. The manager shall continue in such position until terminated by the vote or written consent of the owners of a majority of the lots, and shall receive such compensation and reimbursement for ex= penses as determined by majority vote or written consent. The road manager's duties shall include, but not' be limited to, collecting and managing the funds as set forth in this Declara- tion, employing contractors or employees to perform the mainte- nance work as set forth in this Declaration, providing notice and presiding at meetings of the owners, and employing attorneys, accountants, or such other individuals or firms as are reasonably required to carry out the purpose of this Declaration. Section 1.05. In the event that any owner(s) shall cause, by any act or omission of such owner(s), or such owner(s)' guests or invitees, damage to the common area, or any facilities con- tained thereon, said owner(s) shall be solely responsible for all costs and' expenses incurred in repairing such damage. Section 1.06. Any amount due pursuant to the preceding section shall become delinquent if payment is not received within fifteen (15) days after its due date. If any such amount is delinquent, the other owners may recover all of the following: (t) Reasonable costs incurred in collecting the delin- quent sum, including reasonable attorneys' fees; (2) A late charge not exceeding 10% of the delinquent amount or $10.00, whichever is greater; (3) Interest on all sums imposed in accordance with this section, including reasonable costs of collection, and late charges, at an annual percentage rate equal to 12% interest. Section 1.07. Any manager appointed pursuant to Sectiion 1.03 shall provide the owners with a statement, not less thian once annually during the term such person continues to act !as manager, setting forth the estimated revenue and expenses of the Association, the allocation of any such expenses among the oWn- ers, and a general statement as to whether the manager has deter- mined or anticipates that additional revenues will be required to repair, replace, or maintain any of the common area, or a:ny facilities contained thereon pursuant to this Declaration. ARTICLE II USE RESTRICTIONS In addition to all the covenants contained herein, the use of the property and each lot herein is subject to the following: Section 2.01. No lot shall be occupied and used except for residential purposes by the owners, their tenants, and soci!al guests, and no trade or business shall be conducted thereiin, except that Declarant, its successors or assigns, may use any liot or lots in the project owned by Declarant for a model home silte or sites and display and sales office during construction and f!or a time period not to exceed three years from sale of the first lot. Notwithstanding the foregoing, a lot may be used as a combined residence and executive or professional office by tlhe owner thereof, so long as its use does not interfere with the quiet enjoyment by other lot owners of their residences. No tent, shack, trailer, basement, garage, outbuilding or structuire of a temporary character shall be used at any time as a residence either temporarily or permanently. No lot 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 "vaca- tion license", "travel club", "extended vacation" or other mem- bership 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 gny portion thereof in the project rotates among various personls, either corporation, partnership, individual, or otherwise, o~ a periodically recurring basis for value exchanged, whether monie- tary or likekind use privileges, according to a fixed or floatilng interval or period of time of 25 consecutive calendar days or less. Provided, this section shall not be construed to limit the personal use of any lot or any portion thereof in the project by any lot owner or his or her or its social or familial guests. Section 2.02. No noxious, illegal, or seriously offensive activities shall be carried on upon any lot, or in any part of 3 the property, nor shall anything be done thereon which 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 the respective lots, or which shall in any way increase the rate of insurance for the project, or cause any insurance policy to be canceled or to cause a refusal to renew the same, or which will impair the structural integrity of any building. Section 2.03. No trailer, camper, ~mobile home, motor home, house car, commercial vehicle, truck (other standard size pickup truck or standard size van), boat, inoperable automobile, or similar.equipment shall be permitted to remain upon any area within the property, other than temporarily, unless placed or maintained within a garage or carport. Commercial vehiCles shall not include sedans or standard size vans and pickup trucks which are used both for business and personal use, provided that any signs or markings of a commercial nature on such vehicles shall be unobtrusive and inoffensive as determined by the Association. No noisy or smoky vehicles shall be operated on the property. No unlicensed motor vehicles shall be operated on the property. Section 2.04. No signs shall be displayed to the public view on any lots or on any portion of the property except such signs as are approved by the Association or committee appointed by the Association. One (only) "For Sale" or "For Rent" sign per lot shall be allowed provided it does not exceed three (3) square feet in size. Section 2.05. No animals, reptiles, insects or birds of. any kind shall be raised, bred, or kept in any lot, or on any portion of the property; except that no more than a total of two usual and ordinary household pets such as dogs, cats, birds, etc. may be kept provided that they are not kept, bred, or maintained for any commercial purposes, and that they are kept under reasonable control at all times. Section 2.06. Ail rubbish, trash and garbage shall be regularly removed from the property, and shall not be allowed to accumulate thereon. Trash, garbage and other waste shall not be kept except in sanitary containers. Ail equipment for the stor- age or disposal of such materials shall be kept in a clean and sanitary condition. Ail equipment garbage cans, woodpiles, or storage piles shall be kept screened and concealed from view of other lots. Section.2.07. No owner shall be permitted to lease his lot for any period less than thirty (30) days. Any lease agreement shall be required to provide that the term of the lease shall be subject in all respects to the provisions of the Declaration and the By-Laws and that any failure of the lessee to comply with the terms of such documents shall be a default under the lease. Ail owners leasing or renting their units shall promptly notify the Secretary of the Association in writing of the names of all tenants and members of tenant's family occupying such lot and of ~he address and telephone number where such owner can be reached. Ail leases shall be required to be in writing. 4 Section 2.08. The owner of each lot shall be liable to the Association for all damage to the driveway or drainage facilities caused by such owner or any occupant of his lot or guest, or iby the owners' pets, except that portion of said damage, if amy, fully covered by insurance. Section 2.09. No building, fence, wall, obstruction, out- side or exterior wiring, balcony, screen, patio, patio cover, tent, awning, carport, carport cover, improvement or structure iof any kind shall be commenced, installed, erected, painted, painted or maintained upon the property, nor shall any alteration or improvement of any kind be made thereto until the same h!as been approved in writing by the Association, or by an architec- tural control committee appointed by the Association. Plans and specifications showing the nature, kind, shape, color, size, materials and location of such improvements, altera- tions, etc., shall be submitted to the Association or to the architectural control committee for approval as to quality of workmanship and design and harmony of external design with exisit- ing structures, and as.to location in relation to surrounding structures, topography, and finish grade elevation. No permiis- sion or approval shall be required to repaint in accordance wilth Declarant's original color scheme, or to rebuild in accordance with the original plans and specifications. No permission or approval shall be required to remain in accordance with a colPr scheme previously approved by the Association or the committe~, or to rebuild in accordance with plans and specifications previ- ously approved by the Association or by the committee. Nothing contained herein shall be construed to limit the right of an owner to paint the interior of his lot any color desired. , The architectural control committee shall consist of three members, appointed by the owners. A majority of the architectur- al control committee may designate a representative to act for it. Neither the members of the committee nor its designated representatives shall be entitled to any compensation for serv- ices performed pursuant hereto. In the event the committee fails to approve or disapprove plans and specifications 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 haye been fully complied with. Section 2.10. Except as provided above, each owner of a 10t shall be responsible for maintaining the structures located upon his or her lot, including the equipment and fixtures in the structure and its walls, ceilings, windows, and doors, in!a clean, sanitary, workable and attractive condition. However, each owner has complete discretion as to the choice of furniture, furnishings, and interior decorating; except that windows may be covered only by drapes, shutters, or shades and may not be paint- ed or covered by foil, cardboard, or other similar materials. Each owner shall also be responsible for maintenance, repair and replacement of all plumbing, electrical, heating, air condition- ing, and gas lines, conduits, apparatus and equipment servicing his or her lot and repair, replacement, and cleaning of the windows and glass of his or her structure. Each owner shall also maintain the owner's front yard in a neat, clean and attractive condition. Each owner shall also maintain the owner's property so that all utility shut-off valves remain accessible at all times. ARTICLE III PARTY WALLS Section 3.01. Each wall which is built as a part of the~ original construction of the homes upon the properties and placed on the dividing line between the lots shall constitute a party wall, and, to the extent not inconsistent with the provisions of this Article VIII, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. Section 3.02. If a party wall is destroyed or damaged by fire or other casualtY, any owner who has used the wall may restore it, and if the other owners thereafter make use of the wall, they shall contribute the cost of restoration thereof in proportion to such use without prejudice, however, to the right of any such owners to call for a larger contribution from the other under any rule of law regarding liability for negligent Or willful acts or omissions. Section 3.03. No~withstanding any other provision of this Articl'e, an owner who by his negligent or willful act causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such ele- ments. Section 3.04. The right of any owner to contribution from any other owner under this Article shall be appurtenant to the land and shall pass to such owner's successors in title. Section 3.05. In the event of any dispute arising concern- ing a party wall, or under the provisions of this Article, each party shall choose one arbitrator, and such arbitrators shall choose one additional arbitrator, and the decision shall be by a majoTity of all the arbitrators. ARTICLE IV GENERAL PROVISIONS Section 4.01. The Association, or any owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, and charges now or hereafter imposed by the provisions' of this declaration, and in such action shall be entitled to recover reasonable attor- ney's fees as are determined by court. Failure by the Associa- tion or by any owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 4.02. Should any provision or portion hereof be declared invalid or in conflict with any law of the jurisdictiion where this project is situated, the validity of all other provli- sions and portions hereof shall remain unaffected and in full force and effect. Section 4.03. The covenants and restrictions of this Decl~- ration shall run and bind the property, 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 respec- tive legal representatives, heirs, successors and assigns, for a term of thirty (30) years from the date this Declaration ~s 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 sa~d covenants and restrictions in whole or in part, or to terminate the~same- I Section 4.04. 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 affirma- tive vote of a majority of the owners of the lots in the subdivi- sion. ' Section 4.05. Any notices permitted or required by the Declaration or By-Laws may be delivered either personally or bY mail. If delivery is by mail, it shall be deemed to have been delivered 72 hours after a copy of the same has been deposited in the United States mail, first-class or registered, postage pre- paid, addressed to each person at the current address given by such person to the Secretary of the Association or addressed t° the lot of such person if' no address has been given to the Secre- tary. Section 4.06. 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, Or the By-Laws, as lawfully amended from time to time and failure to comply with any such provisions, decisions, or resolutions, shall be grounds for an action to recover sums due, for damages, or for injunctive relief. Section 4.07. No breach of any'of the covenants, conditions or restrictions herein contained shall render invalid the lien Of any first mortgage (meaning the mortgage with first priority over any other mortgage) on any lot made in good faith for value, bBt all of said 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. 7 IN WITNESS WHEREOF, the undersigned, being the Declarants herein, have signed this day of , 199_. S.C.T. DEVELOPMENT, INC., a California Corporation By: STATE OF CALIFORNIA ) COUNTY OF ) ss: On , 199 , before me, , a Notary Public in and fo~ said County and State, personally ap- peared , personally known to me (or proved to me on the basis of satisfac- tory evidence) to be the person(s) whose name(s) is/are sub- scribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capaci- ty(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. NOTARY PUBLIC CCR, SCT-DEV.CCR; 6/16/94 ARTICLES OF ASSOCIATION OF VILLA VERNAZZI OWNERS ASSOCIATION ARTICLE I The name of the association [hereinafter called the "Associ- ation''] is VILLA VERNAZZI OWNERS ASSOCIATION. ARTICLE II PURPOSE OF THE ASSOCIATION The purpose of this Association is to engage in any lawfUl act or activity for which a nonprofit association may be organ- ized under the laws of the State of California. This Association does not contemplate pecuniary gain Qr profit to the members thereof, and the specific primary purposes for which it is formed are to provide for management, administrS- tion, maintenance, and preservation of the common areaS, including driveways, drainage facilities, sanitary sewage facilii- ties, common area lighting, landscaping, and fencing, and to provide use restrictions and architectural control of the lots within that certain tract of property situated in the County of Santa Clara, California, more particularly described as follows: ALL OF LOTS 1 THROUGH 5 INCLUSIVE AS SHOWN ON THAT CERTAIN MAP RECORDED IN BOOK OF MAPS, PAGES AND , SANTA CLARA COUNTY RECORDS. APN and to promote the health, safety, and welfare of all the resm- dents within the above-described property and any additions thereto as may hereafter be brought within the jurisdiction Of this Association for this purpose, all according to that certain Declaration of Covenants, Conditions, and Restrictions, hereinaf- ter called the "Declaration" recorded or to be recorded with respect to said property in the Office of the Recorder of Sanka Clara County. Notwithstanding any of the above statements of purposes ahd powers, this Association 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 Association. ARTICLE III DISSOLUTION This Association is intended to qualify as a Homeowners' Association under the applicable provisions of the Internal Reve- nue Code, and 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 Associ- ation property, and other than by a rebate of excess membership dues, fees, or assessments. So long as there is any unit or parcel for which the Association is obligated to provide manage- ment, maintenance, preservation or control, the Association may 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 members. In the event of the dissolution, liquidation, or winding up of the Association, upon or after termination of the project, in accordance with the 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 accord- ance with their respective rights therein. ARTICLE IV AMENDMENTS These Articles may be amended only by the affirmative vote in person or by proxy or written consent of a majority of the members representing the majority of the voting power of the Association and a majority of the votes of members other than Declarant. 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 Associ- ation under the laws of the State of California, the undersigned has excecuted these Articles of Association this day of , 199 . I declare that I am the person who executed the above Arti- cles of Association, and such instrument is my act and deed. CCR, SCT-DEV.ART; 6/16/94 3 CITY OF CAMPBELL Public Works Department June 6, 1994 Mr. Jim Murphy Golden California Title Company 1975 Hamilton Avenue San Jose, CA 95125 Subject: Parcel Map PM 91-03, 875 Apricot Avenue Dear Mr. Murphy: The revised original mylars of this subject Parcel Map, signed by the City Clerk on May 31, 1994, are being transmitted to your company, via your courier, for direct transmittal from your company to the County Recorder's Office for recordation. Also transmitted to you is a check dated May 27, 1994, from S.C.T. Development, Inc., payable to the County Recorder in the amount of $8.00 for recording fees. Please provide the City with a reproducible copy of the map after it has been recorded. Please call me if you have any questions or comments. Very truly yours, Assistant Engineer Enclosures cc: Anne Bybee, City Clerk File: McGlincey.72 h:parcel:mw(6.0) 70 North First Street . Campbell, California 95008.1423 . TEL 408.866.2150 · ~^X 408.379.2572 · TDD 408.866.2790 .o~'CA~ CITY OF CAMPBELL Public Works Department June 2, 1994 Mr. Jim Murphy Golden California Title Company 1975 Hamilton Avenue San Jose, CA 95125 Subject: 875 Apricot Avenue Parcel Map Local Improvement Bond Obligation APN 412-12-001 Dear Mr. Murphy: Enclosed is our Local Improvement Bond Obligation review letter as per your request dated June 1, 1994. Very truly yours, Cruz S~G6mez Assistant Engineer Enclosure File: McGlincey 72 h:murphy(mp) 70 North First Street . Campbell, California 95008.1423 - TEL 408.866.2150 - FaX 408.379.2572 · TDD 408.866.2790 CITY OF ~BELL PUBLIC WORKS REVIEW LOCAL IMPROVEMENT BOND OBLIGATION Date TR/PCL MAP SO. IMP DIST NO. I-4 c.,; t---o ~ Public Works review for Local Improvement Bond Obligations on subject lands has found: [~}" No bond obligations are or will become due wjthln the next fiscal year. [-'] Bond Obligations are or will become due within the next fiscal year. E] E] On County an assessment schedule was submitted to the An assessment schedule is enclosed E] Applicant shall prepare an assessment (or amended) diagram. Submit same for Public Works approval and preparation of assessment schedule. CRUZ S:.3oMEZ ' 1,3 ASSISTANT 13NGINEER Title Public Works Department 70 N, Fir~ Street Address Campbell. CA 95008 (408)866-2150 Telephone Number GOLDEN CALIFORNIA T I T L £ C 0 M P A N Y City of Campbell 70 N. 1st Street Campbell, CA Re: Tract No. Tract Name Development Parcel Map - Apricot Townhouses Please provide this office with a letter verifying that no bond issue will be assessed on the above referenced project within the following fiscal year. This letter is being requested to satisfy a requirement by the Santa Clara County Tax Controller's office for obtaining a Controller's Letter. Maps showing the location of the subject property are enclosed for your convenience. We would appreciate a call at (408) 371-2332, when your letter is ready for pickup. Thank you for your assistance. If there are any questions, please do not hesitate to give me a call. Very truly yours, Jim Murphy Subdivision Manager 1975 Hamilton Avenue. San Jose. CA 95125 408/371-2332 · 2470 Berryessa Road. San Jose. CA 95:33 408/259-6360 APRICOT DRIVE i I 69,$S gO 0 '13 so' ~q AVE. ITl i,m CITY OF CAMPBELL Public Works Department May 31, 1994 Ms. Wai Hng Chu, Escrow Officer Golden California Title Company 2470 Berryessa Road San Jose, CA 95133 Subject: Parcel Map PM 91-03, 875 Apricot Avenue Dear Ms. Chu: The original mylars of this subject Parcel Map, signed by the City Clerk on May 31, 1994, are being transmitted to your company for direct transmittal from your company to the County Recorder's Office for recordation. Also transmitted to you is a check dated May 27, 1994, from S.C.T. Development, Inc., payable to the County Recorder in the amount of $8.00 for recording fees. Please provide the City with a reproducible copy of the map after it has been recorded. Please call me if you have any questions or comments. Very truly yours, Cruz S. ~olnez Assistant Engineer Enclosures cc: Anne Bybee, City Clerk 70 North First Street · Campbell, California 95008. 1423 - TEL 408.866.2150 · ~AX 408.379.2572 . TDI) 408.866.2790 M E M ORA N D U M o,~ o~ o,~,.,,~...o,,.o wo.,<. ,,~,.^,~,~ TO: Joan Bollicr ' DATE: May 26, 1994 City Engineer FROM: Cruz $. Gomez~---L'~-~ Assistant Engineer SUBJECT: Parcel Map PM 91-03 - 875 Apricot Avenue This map is being submitted for signature. It has been reviewed by reference to the following: 1. Orchard Villa Tract Book S of Maps, page 23. 2. TR 6533. 3. TR 6670. 4. PM 420 M 40, Golden California Title Company Report dated March 4, 1994. 5. APN 412-12-001. 6. Engineer's Calculations Sheets. 7. Conditions of approval of the tentative map. 8. The map has been reviewed and found to be technically correct by Peter B. McMorrow, R.C.E. The Planning Department reports that they have no objections to filing the map. The original map is attached and ready to sign. File: PM 91-03 - 875 Apricot Ave. h:PMgl-ff3(mp) TO Civil Engineerir, Associates . Civil Engineers * Planners * Surveybrs 1641 N. First Street · Suite 280 · San Jose, CA,95112 Phone: (408) 452-1066 FAX: (408) 452-1075 WE ARE SENDING YOU ~.~.Attached [] Under separate cover via [] Shop drawings [] Prints FI Plans [] Copy of letter [] Change order 1-1. --Cx Sp the following items: [] Samples [] Specifications COPIES DATE NO. THESE ARE TRANSMITTED as checked below: [] For approval [] For your use [] As requested [] For review and comment E3 FOR BIDS DUE [] Approved as submitted [] Approved as noted [] Returned for corrections 19 F~ Resubmit__ r~ Submit [] Return copies for approval _copies for distribution corrected prints __ ~ PRINTS RETURNED AFTER LOAN TO US REMARKS__ COPY TO. If enclosure, ore not e. noted, kindly notify us et once. CITY OF I~ANIPBELL 70 NORTH FIRST STREET CAMPBELL, CALIFORNIA 95008 (408) 866-2100 FAX # (408) 379-2572 Date: Department: Public Works TRANSMI'I-I'AL FROM THE OFFICE OF THE CITY ENGINEER TO: We are forwarding via: Mail __ Messenger~1~ Separate Cover Enclosed w---' Attached ~ Other Remarks: h: CEtrans(jd) CITY OF C~MPBELL 70 NORTH FIRST STREET CAMPBELL, CALIFORNIA 95008 (408) 866-2100 FAX # (408) 379-2572 Date: Department: Public Works TO: TRANSMITTAL FROM THE OFFICE OF THE CITY ENGINEER SUBJECT: We are forwarding via: Mail __ Enclosed Messenger Attached Separate Cover Other The following: Remarks: h: CEtrans(jd) Community Development Department Comment Sheet SITE & ARCHITECTURAL CoMMrITEE PLANNING COMMISSION Date Routed: 4~8/94 Completeness/EnvironmentalCornments Due: 4/15/94 General Comments Due.' 4115/94 Preliminary P.C. Date: 4/26/94 Fire District Engineering Division Building Division R E C E IVE iD ,~,p~ ~ 8 1994 ,~.DMINISTRATION PROIECT DESCRIPTION Public hearing to consider the application of Mr. James Chen on behalf of S.C.T. Development Inc. for approval of a reinstatement of a previously approved Parcel Map(PM 91-03) allowing the creation of four townhome lots on a private drive on property located at 875 Apricot Ave. in a P-D(Planned Development/High Density Residential) Zoning District. PROTECT INFORMATION: Application No.R 94-02(PM 91-03) Applicant: Mr. James Chen Property Owner:. S.C.T. Development Location: 875 Apricot Ave. APN: 412-12-001 General Plan: High Density Residential Zoning: P-D Project Planner:. Tim Haley ENVIRONMENTAL REVIEW: Categorical Exemption XX Negative Declaration has previously been granted Environmental Impact Report will be required If your department believes that additional environmental review is attach an Initial Study identifying and discussing your areas of concern. DEPARTMENTAL RECOMMENDATION; required, please CODE REO_UIREMENTS (IF RECOMMENDED FOR APPROVAL)t RESOLUTION NO. 2762 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A TENTATIVE PARCEL MAP TO ALLOW THE CREATION OF FOUR TOWNHOMES ON A COMMON DRIVEWAY, ON PROPERTY LOCATED AT 875 APR/COT AVENUE, APPLICATION OF MR. JAMES CHEN, IN A PD (PLANNED DEVELOPMENT) ZONING DISTRICT. PLANNING FILE NO. PM 91-03. After public notification, as specified by law, for the application of Mr. James Chen for approval of a Tentative Parcel Map to allow construction of four townhomes, located at Assessor's Parcel Number 412-12-001, 875 Apricot Avenue, as per the application filed in the Planning Department on May 30, 1991; and after presentation by the Planning Director, the Planning Commission did find, with regard to File No. PM 91-03: 1. The proposed map is consistent with the Planned Development Permit. The General Plan designates this area as a High-Density Residential District, 21 to 27 units per gross acre. The proposed project is for 14 units per gross acre. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes, subject to the imposed conditions, attached as Exhibit A, that: This Tentative Parcel Map, together with the provisions for its design and improvement, is consistent with the General Plan of the City of Campbell. PASSED AND ADOPTED this 9th day of July 1991, by the following roll call vote: AYES: NOES: ABSENT: ATTEST: Commissioners: Commissioners: Commissioners: Steve Piasecki Secretary Alne, Higgins, Perrine, Doutherty, Wilkinson, Fox None Meyer-Kennedy APPROVED: David Fox Vice Chairperson Planning Commission Minutes 20 MISCELLANEOUS 6. PM 91-03 Consider the application of Mr. James Chen for approval Chen, J. of a Tentative Parcel Map, to allow the creation of 4 townhomes on a common driveway, for property located at 875 Apricot Avenue, in a PD (Planned Development) Zoning District. Vice Chair Fox read the application into the record. Senior Planner, Randy Tsuda, presented the staff report noting the following: · Applicant's request for 5 lots, 4 of which would be used for townhomes and 1 for a common driveway. · Approval of application would satisfy conditions of approval for the Planned Development Permit. · Staff recommended approval. Commission Discussion There was no commission discussion. MOTION: AYES: NOES: ABSENT: On motion of Commissioner Perrine, seconded by Commissioner Higgins, it was unanimously ordered that Resolution No. 2762 be adopted, incorporating findings and attached Conditions of Approval, recommending the City Council approve the application, by the following roll call vote: Commissioners: Commissioners: Commissioners: Alne, Higgins, Perrine, Wilkinson, Dougherty, Fox None Meyer-Kennedy ITEM NO. 6 STAFF REPORT - PLANNING COMMISSION MEETING OF JULY 9,1991 PM 91-03 Consider the application of James Chen for approval of a Tentative Parcel Map to allow the creation of four townhomes on a common driveway on property located at 875 Apricot Avenue in a PD(Planned Development) Zoning District. (Tentative City Council Meeting Date: August 6, 1991) STAFF RECOMMENDATION That the Planning Commission take the following action: 1. ADOPT Resolution incorporating attached findings recommending the City Council approve PM 91-03 subject to the attached conditions. Environmental statement: This project is Categorically Exempt from the environmental review process, hence no environmental action is necessary. APPLICANT'S PROPOSAL The applicant seeks approval to allow the creation of five lots. Four of the lots will be developed for townhomes and one lot will be developed as a common driveway. PROIECT DATA Parcel Area: 12,632 square feet Gross Acres: 0.29 Net Acres: 0.26 Proposed Lots: Lot 1: 1,215 square feet Lot 4: Lot 2: 1,250 square feet Lot 5: Lot 3: 1,750 square feet 1,750 square feet 4,740 square feet Average lot: 2,134 square feet BACKGROUND The previous project approval was for a zone change from R-3-S (Multiple Family Residential) to PD (Planned Development). A Planned Development Permit was approved on October 16, 1990 to construct four townhomes. Conditions of Approval of PD 90-04 required the applicant to process and file a Parcel Map. PM 91-03 2 July 9,1991 3. Tentative Parcel Map for PD 90-04 has been submitted for approval. 4. The proposed map indicates the creation of lot on a private driveway. o Ordinance 1823 requires that exceptions to subdivision access for lots not having frontage on a public street be approved by the City Council upon recommendation of the Planning Commission. GENERAL PLAN AND ZONING CONSISTENCY A. General Plan Designation: The site is designated for High Density Residential, at 21 to 27 dwelling units per gross acre. The proposal is for 14 units per gross acre, which is consistent with the General Plan and would be allowed in this zoning district. Zoning Designation: The site is zone for PD (Planned Development). The map is consistent with the approved Planned Development Permit. RECOMMENDATION/SUMMARY The proposal is consistent with the General Plan and Zoning District. Staff recommends that the Planning Commission adopt resolution recommending approval to the City Council for the creation of five lots located at 875 Apricot Avenue, subject to the Conditions of Approval. Attachments: 1. Findings 2. Conditions 3. Exhibits Submitted by: Approved by: Gin~'~;arcia, Planning/AsSistant-- Steve Piase-c~<i, i~lanning Director FINDINGS FOR APPROVAL: SITE ADDRESS: APPLICANT: P.C. MEETING DATE: PM 91-03 875 Apricot Avenue James C. Chen & Associates, Inc. July 9, 1991 Findings for Approval of Subdivision Map The City of Campbell's Planning Commission finds as follows with regard to File No. PM 91-03. 1. The proposed map is located in a Planned Development Permit. The general plan designates this area as High Density Residential with a 21 to 27 units per gross acre. The proposed project will be developed at 14 units per gross acre. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes, subject to the imposed conditions that: This Tentative Parcel Map, together with the provisions for its design and improvement, is consistent with the General Plan of the City of Campbell. EXHIBIT A CONDITIONS OF APPROVAL: PM 91-03 SITE ADDRESS: 873 Apricot Avenue APPLICANT: James C. Chen & Associates, Inc. P. C. MEETING DATE: July 9, 1991 The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the Ordinances of the City of Campbell and the State of California. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell land the State of California which pertain to this development and are not herein specified. SITE AND BUILDING DESIGN 1. Revised Plan: Revised site plan indicating location of fire hydrant to be submitted to the Planning Department and approved by the Planning Director upon recommendation of the Fire Department prior to application for a building permit. (Planning) o Title Report: Provide a copy of the preliminary title report. (Public Works) STREET/SITE IMPROVEMENTS 3. Street Improvements: Dedicate additional right-of-way to widen Apricot Avenue to 30 feet from centerline. Street improvements shall be constructed as directed by the City Engineer. (Public Works) o Encroachment Permit: Submit street improvement plans, pay fees, post surety and deposits as needed to obtain the encroachment permit required for all work within the public right-of-way as directed by the City Engineer. (Public Works) Grading and Drainage: Provide grading and drainage plans for review by the City Engineer. (Public Works) PROPERTY MANAGEMENT/UTILITIES 6. Sewer: Installation of a sanitary sewer system to serve all lots within the subdivision in conformance with the proposed plans of the West Valley Sanitation District No. 4. Sanitary sewerage service shall be proved by District No. 4. (Public Works) o Water: Installation of a water distribution system to serve all lots within the subdivision in conformance with the plans of the San Jose Water Works. Water service shall be provided by San lose Water Works. (Public Works) Conditions of Approval- 1~ 1-03 2 July 9,1991 PUBLIC SAFETY/WELFARlq. 8. Underground Utilities: Underground utilities to be provided as required by Section 20.36.150 of the Campbell Municipal Code. (Public Works) o Park Dedication Fee: Applicant shall pay fees of $9,096 (2 new units @ $4,548 each) for park dedication. (Public Works) 10. Code, Covenants & Restrictions: Code, Covenants and Restrictions (CC & R's) shall be approved by the City Engineer to insure provisions for maintenance of buildings and common area. (Public Works) R ~ C ~.IVF. D ~DMiNISTRATION fEAMILTON OFFICE 1975 Hamilton Ave., Ste. 5 San Jose, CA 95125 BERRYESSA OFFICE 2470 Berryessa Road, Ste. I San Jose, CA 95133 In response to the above referenced application for a Policy of Title Insurance, GOLDEN CALIFORNIA TITLE COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a California Land Title Association Standard Coverage form Policy of Title Insurance provided by Ticor Title Insurance Company describing the land and estate or interest hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien, or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy form. The printed exceptions and exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. They are available from the office that issued this Report. This Report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a Policy of Title Insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a Policy of Title Insurance, a Binder or Commitment should be requested. GOLDEN CALIDRNIA TITLE COMPANY JACK/~. PLECQUE ,~I~RE S I DENT Countersigned: ~nature RECEIVED 18 1994 PUI~LIC ~.DMINISTRATION ESCROW HOLDER: Golden California Title Company 2470 Berryessa Road, Suite I san Jose, California 95133 UPDATE ALL CORRESPONDENCE SHOULD BE DIRECTED TO: Golden California Title Company ESCROW OFFICER: Wai-Lin Mason PHONE NO. (408) 259-6360 ESCROW NUMBER: 14661 PROPERTY ADDRESS: 875 Apricot Avenue, Campbell, California A.P.N. 412-12-001 Dated as of March 4, 1994 at 7:30 A.M. The estate or interest in the land hereinafter described or referred to covered by this Report is a Fee. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: S. C. T. Development, Inc. '14661 At the date hereof, exceptions to coverage in addition to the printed exceptions and exclusions in said policy form would be as follows: 1. General and special County of Santa Clara taxes for the fiscal year 1994-1995, a lien not yet due or payable. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California. Covenants, conditions and restrictions, if any, based on race, color, religion or national origin, as contained in an instrument Executed by : Anna M. Hughes Recorded : June 21, 1929, Book 467 Official Records 453. : Santa Clara County Records Said covenants, conditions and restrictions does provide for the express forfeiture or reversion thereof. The Requirement that the Articles of the Incorporation by which the vestee's herein hold Title be made available for Examination by this Company. The Requirement that the By Laws of the Corporation and Special Resolution by which the vestee's herein hold Title be made available for Examination by this Company. 5. Any facts that may be disclosed by reason of an Inspection of Premises. 14661 NOTE: The following is furnished for information only: 1. The conveyance affecting said land within two years prior to the date of this report is as follows: None 2e General and special County of Santa Clara taxes for the fiscal year 1993-1994, together with such additional amounts which may be assessed by reason of (a) improvements added subsequent to March 1, 1975, (b) change of ownership occurring subsequent to March 1, 1975, (c) reappraisal of property values as of March 1, 1975, as follows: 1st Installment : $1,030.47 Paid 2nd Installment : $1,030.47 Paid Land : $73,513.00 Improvements : $89,595.00 Exemptions : $-00- Account Number : 412-12-001 Code Area : 10-062 3. PRELIMINARY CHANGE OF OWNERSHIP REPORT The County Recorder may require a "Preliminary Change of Ownership Report", signed by the Transferee, to be attached to all documents which transfer ownership. If the report is not attached to the transfer document, there will be an additional $20.00 recording fee. Said fee will not be imposed if the transfer document is accompanied by an affidavit that the Transferee is not a resident of California. Our billings will be adjusted to reflect such additional fees when applicable. 4. CALIFORNIA "GOOD FUNDS" LAW Effective January 1, 1990, California Insurance Code Section 12413.1, (Chapter 598, Statutes of 1989) prohibits a title insurance company, controlled escrow company or underwritten title company from disbursing funds from an escrow or sub-escrow account, (except for funds deposited by WIRE TRANSFER, ELECTRONIC PAYMENT or CASH) until the day these funds are made available to the depositor pursuant to Part 229 of Title 12 of the Code of Federal Regulations, (Reg. CC). Items such as CASHIER'S, CERTIFIED or TELLRR's CHECKS may be available for disbursement on the business day following the business day of deposit; however, other forms of deposit may cause extended delays in closing the escrow or sub-escrow. 5. CANCELLATION FEE In the event of a cancellation, this report may be subject to a charge of $250.00 as required by Section 12404 of the Insurance Code and Rule 2 of Department of Insurance Bulletin No. NS 35E. NOTE(S) CONTINUED If a 1970 ALTA Owner's or Lender's or 1975 ALTA Owner's Leasehold Owner's or Lender's policy form has been requested, the policy, when approved for issuance, will be endorsed to add the following to the Exclusions From Coverage Contained therein: Loan Policy Exclusion: Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors rights laws. Owner's Policy Exclusion: Any claim, which arises out of the transaction vesting in the insured, the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency or similar creditors rights laws. AN/jmc/#112 4 '~4661 Legal Description Ail that real property situated in the City of Campbell, County of Santa Clara, State of California, described as follows: Portion of Lot 26, as shown on that certain Map entitled, Map of Orchard Villa Tract which Map was filed for Record in the Office of the Recorder of the County of Santa Clara, State of California on September 14, 1924 in Book S of Maps, at Page(s) 23, described as follows: Beginning on the North Line of Apricot Avenue at the Southeast corner of said Lot 26; thence from said point of beginning, Westerly along said line of Apricot Avenue 69.56 feet to the Westerly line of said Lot 26; thence Northerly along said line 162 feet; thence Easterly and parallel to said line of Apricot Avenue 69.56 feet to the Easterly line of said Lot 26; thence Southerly along said Line 162 feet to the point of beginning. ~ o rq so' nq DRIVE MICHAEL )-- - ~ ~ '-'~F- T- ~ -F ---~--- 1 I I -- '~' 0.30 ...... r- ..... · _~ __~H__~___.J oo APRICOT h~ --AVE. o LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of~ 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel Of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed In writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONSFROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real: property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the lane or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. - PRELIMINARY REPORT COVER AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT - FORM I COVERAGE and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT - FORM I COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations), restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any imProvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel Of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of PoliCy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by ~he insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim or priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to purchaser for value or a judgment or lien creditor. The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above ExcluSions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or' by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. MEMORANDUM From: Michelle Quinney To: Acting City Engineer Date: Michael A. Fuller Assistant Engineer," PM 91-03 - 875 Apricot Avenue Subject: CITY OF CAMPBELL August 5, 1993 Attached please find a copy of the above parcel map. This map has been reviewed with reference to the following: Orchard Villa Tract Map, Book S of Maps, page 23 Tract 6670 PM 420 M 40 Assessor's maps Engineer's calculations Title report dated July 5, 1990 Tentative map Conditions of Approval dated July 9, 1991 The Final Map substantially contbrms to the Tentative Map, and all conditions of approval have been satisfied. I have made some comments, but I would like to have you and Don Utz review the map before it is sent back to the engineer, as Jim already sent one round of comments to him. If you have any questions, or need further information, please let me know. After you have reviewed the map, I will call Civil Engineering Associates to set up a meeting, just as we did with Bob McDermott. MEMORANDUM To: Michelle Quinney Acting City Engineer From: Michael Fuller Assistant Engineer Subject:S.C.T. Parcel Map 875 Apricot Avenue Date:June 14, 1993 CITY OF CAMPBELL Attached is a blueline copy of the subject parcel map for Don's signature. It has been checked by reference to the following: 2. 3. 4. 5. 6. 7. APN 412-12-001 Engineer's calculation sheets Orchard Villa Tract Map recorded Book S of Maps, page 23 Tract 6670 PM 420 M 40 Title report dated July 5, 1990 Conditions of approval from Council meeting August 6, 1991. The map will be on the desk outside my door when Don is ready to sign it. MEMORANDUM To: F rom: Frank Cauthorn Building Official Mike Fuller~ Assistant Engineer Subject: 875 Apricot Avenue Grading and Drainage Plan CITY OF CAMPBELL Date: May 20, 1993 The Engineering Division received a revised copy of the grading and drainage plan for this development, and our only comment is that the roof drains should drain to the paved parking area, rather than be connected to the underground storm drain system. If you have any questions, please do not hesitate to call me at 866-2158. WEST VALLEY SANITATION DISTRICT OF SANTA CLARA COUNTY 100 East Sunnyoaks Avenue Campbell, California 95008 Telephone (408) 378-2407 May 3, 1993 Mr. Tony Wong SCT Development, Inc. 19028 Stevens Creek Blvd., #10 Cupertino, CA 95014 RE Apricot Townhouse, APN 412-12-001 Apricot Avenue, Campbell 0 4 1993 Publie Wor~/ingineorinll SERVING RESIDENTS OF CITY OF CAMPBELL TOWN OF LOS GATOS CITY OF MONTE SERENO CITY OF SARA TOGA UNINCORPORA TED A REA Dear Mr. Wong: The district has reviewed the referenced development. A copy of the check print is being returned to you for revisions. Approval from this office will be in the form of sewer connection permit. The district has determined that the future homeowner association shall maintain the on-site sewer system. West Valley Sanitation District will maintain the 6-inch sewer line from the property line cleanout to the main sewer within Apricot Avenue. Payment of the required permit fees are the following: Capacity fee (for 2 lots only) Applicable permit fee (estimated) $992.92 146.00 per lot The permit fee which includes the sewer service charges is only an estimate and it will be adjusted when the permit is issued. Please return a copy of the plan to this office after the revisions are made. Call me if you have any questions. Very truly yours, Robert R. Reid Assistant istri, ct/~ngineer By AsSistant civil Engineer cc Mike Fuller, Campbell (FORMERLY COUNTY SANITATION DISTRICT NO. 4) 70 NORTH FIRST STREET CAMPBELL, CALIFORNIA 95008 (408) 866-2100 FAX # (408) 379-2572 Department: Public Works Date: TRANSMITTAL FROM THE OFFICE OF THE CITY ENGINEER We are forwarding via: Mail Messenger Separate Cover Enclosed ARached Other The following: Remarks: h: CEtrans(jd) TO: City Clerk Please collect & receipt for the following monies: PUBLIC WORKS FILE NO. 35-3396 Project Revenue (specify project) Public Works Encroachment Permit Fees: 3372 Application Fee Regular ($210) R-1 ($58) 3521 Plan Check Deposit ($500) 3_52.~ _ Faithful Performance Surety (FPS) (100% of ENGR. EST) '~'~> Other Cash Deposit (4O/o of FPS)($500 min.) % Plan Check & Inspection Fee (First $0-$30,000 14%; Next $30,000- $80,000 10%; Amount Greater Than $80,000 7%; $200 min.) 3373 Project Plans & Specifications 3373 General Conditions, Standard Provisions & Details ($12 or $1/page) 3373 "No Parking" signs ($1/ea. or $25/100) 3373 Copies of Engineering Maps & Plans ($.50/sq. ft.) 3372 Final Parcel Map Filing Fee ($1,000 + $21/per lot) 3372 Final Tract Map Filing Fee ($1,300 + $21/per lot) 3372 Lot Line Adjustment Fee/Certificate of Compliance ($500) 3372 Vacation of Public Streets and Easements ($525) 3372 Assessment Segregation or Reapportionment First Split ($525) Each Additional Lot ($160) 3370 Storm Drainage Area Fee per Acre (R-1, $1,875; Multi-Res., $2,060; all other, $2,250) 3380 Public Works Special Projects _339~.,~ Park Dedication In-lieu Fee ~ Postage ,5-/6, NAME OF APPLICANT ADDRESS 7_. FOR CITY CLERK ONLY TOTAL MEMORANDUM To: Jim Penoyer CITY OF CAMPBELL D a~_~May-~2, 1992 - From: Subject: Engineering Technician Parcel Map PM 91-03 - 875 Apricot Avenue ~ ~ % ~ ~ ~O ................... -_ ....... ._.-... The Planning Department has reviewed the Final Map pronoealOg6r the above referenced property. Please note the following condition [[~- must be met: ~/~ 1. /Prior to recordation of the Final Map, the buildings on the property be must removed. In the approval of the Tentative Parcel Map, the Fire Department required that a revised site plan indicating a new fire hydrant location be submitted prior to issuance of the building permit. However, this can be dealt with when the applicant applies for building permits. This is for your information only. gs:lb a:memo/p3 cc: Tim Haley, Associate Planner CITY OF ~([~ CITY ENGII~ER'S Cl~-rlaJCrI~. Suface Construction Ctearir~ & C.~in~ ~ ~ Es~mate ~ ~rr.~ete /--'"~ ~F · ~$~.50 C~rcrete Rmova[ O. mb & Gutter R~mva[ "~'~-~ LF 8 '"$5.50 In[or Drain with Pipe -- EA g $600.00 ~ri,,~ ~ / ~ / s~ ~ ~.oo Extr-d~d Cub ~ EA g 10.00 Barricade ~ LF g $~O.(X) AC paw,=,r Adjust Man~te to Grad~ Adjust Hanchote to c.-ad~ ~ EA ~ ~.00 HOm,ui~ BOX W/Horumnt Street Tree (1S-gaHm) ~ EA ~q S3~0.00 Pa~,u~ StrJpJrw ($10Omin) ~ LF ;} $ .75 Pavm'u',t LG~=.~ ($100min) ~ EA -q $~0.00 Stop, Street NmB other Sign ~ EA ~ $140.00 Pavu,u,~ Nmrker ~ EA ~ $17.00 Pa~u,ult Key Cut ~ LF ~ $10.00 Adj,~t for size: "S" · $100,O00,subt:ract 1(~ Strface Subtotal ~' ,,) mm) Street Li;btim Etectrotier ~ EA a $~0.00 = S ~ Ccrduit -- LF a S10.00 = $ ~ ~or, pair -- LF ;) $~.00 = $ ~ PuLL Box --" F. Aa $200.00 =$ Store Drainage 12- or 15" RIP ~--~:~ LF a STO.00 10' Or 21" RCP ' LF a $80.00 Street Inlet --"- EA ~ $1750.00 ;4a ;,ole / EA @ Break&Ente~Manhote ~ F. Aa $750.00 TOTAL ESTIMATE USE FOR BOND =$ =S =S =S =S =S =S S MEMORANDUM To: From: Subject: Jim Penoyer Engineering Technician Gloria Sciara k~k'~ Planner I ~ Parcel Map PM 91-03 -- 875 Apricot Avenue Date: May 12, 1992 CITY OF CAMPBELL The Planning Department has reviewed the Final Map proposal for the above referenced property. Please note the following condition that must be met: Prior to recordation of the Final Map, the buildings on the property must be removed. In the approval of the Tentative Parcel Map, the Fire Department required that a revised site plan indicating a new fire hydrant location be submitted prior to issuance of the building permit. However, this can be dealt with when the applicant applies for building permits. This is for your information only. gs:lb a:memo/p3 cc: Tim Haley, Associate Planner ,O JAMES C. CHEN & ASSOCIATES, INC. 2021 The Alameda Suite SAN JOSE, CALIFORNIA 95126 (408) 983-0766 WE ARE SENDING YOU [] Attached [] Under separate cover via [] Shop drawings ~i~Print~ I-I Plans [] Copy of letter O Chanle order [] ~ the following items: [] Samples [] Specifications COPIES DATE NO. DESCRIPTION THESE ARE TRANSMITTED as checked below: [] For approval '~For your use [] As requested [] For review and comment [] FOR BIDS DUE [] Approved as submitted [] Approved as noted [] Returned for corrections 19 [] Resubmit, [] Submit [] Return copies for approval copies for distribution corrected prints __ D PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO SiGNED:~,,~~----~ If encloeurel ere not el noted, kindly notify ul et once. ( ITY OF C MPBELL 70 NORTH FIRST STREET CAMPBELL, CALIFORNIA 95008 (408) 866-2100 FAX # (408) 379-2572 Department: Public Works April 21, 1992 Mr. James C. C~en 2021 ~ Alameda Ste. 370 San Jose, CA 95126 Re:Parcel_Map 875ApricotAvenue Enclosed is a red-lined check print of tb~ referenced parcel T~e State Subdivision Map Act has revised the City Engineer's statement. Unfortunately ~e were unaware of this change ~hen we originally reviewed the map. Attached is a copy of the ~iate section of tb~ act with the new phrasing marked in yellow highlight. Originally you showed tmo iron pipes found on the back oorners of the px~0erty. These shottld be show~ with the tag r~a~ber fot~ld on the pipes or if no tags were found the pipes should be noted "tag not found." sincerely, James Penoyer Engineering Technician JAMES C. CHEN & ASSOCIATES, INC. 2021 The Alameda Suite .._ ./ SAN JOSE, CALIFORNIA 95126 (4O8) 9830766 WE ARE SENDING YOU [] Attached [] Under separate cover via [] Shop drawings ~l~Print/ [] Plans [] Copy of letter [] Change order [] [] Samples the following items: [] Specifications COPIES DATE NO. DESCRIPTION THESE ARE TRANSMITTED as checked below: [] For approval ~r~For your use [] As requested [] For review and comment [] FOR BIDS DUE [] Approved as submitted [] Approved as noted n Returned for corrections 19 REMARKS [] Resubmit~copies for approval [] Submit. copies for distribution [] Return.. corrected prints I [] PRINTS RETURNED AFTER LOAN TO US Public Wor~l Englfleet[n~ COPY TO. SiGN E~..~.~._~.` If on~/oIurOI ore not es noted, kindly notify ui at once. EIqCROAGHRENT PERHIT ISSUAN~. CHECK LIST City of Campbell Department of Public Works Applicant section complete Encroachment Permit No. ')t/-Z~Z_ ~"'- Applicant signature and date /Permit Application fee $/~C0~paid Receipt number /Plan check deposit, $500.00 paid Receipt number-~:~ ~Five sets of improvement plans submitted Bond for faithful performance, 100% of City Engineer's estimate, supplied or paid Amount $ Form I.D. # Cash Deposit: 4% of FP bond, $500 min. paid Amount $ Receipt No. Plan Check & Inspection fee of 10% of F.P. Bond for amounts of $0 $100,000; 9% for $100,000 - $500,000; 7% for $500,000 and above; $100 min. paid Amount $ Receipt No. Workers' compensation information received for Applicant (see Information Sheet for Encroachment Permits) Ail other Public Works requirements listed in the Conditions of Approval of the development. Workers' comp and Contractor's Information received for Contractor (see Information Sheet for Encroachment Permits) Certificate of Insurance with Additional Insured's Endorsement received from Contractor (see General Summary of Insurance Requirements for Encroachment Permits) Three sets of off-site plans, stamped APPROVED (Tract or Development and Public Works Permit number and property address on plans) Permit signed for City Engineer WHEN ALL OF THE ABOVE ITEMS ARE COMPLETE, PERMIT MAY BE ISSUED Issuer: Initial and date and file with permit UPON ISSUANCE, INITIATE CHECK REQUEST FOR PLAN CHECK DEPOSIT REFUND f:pmtcklst (Misc forms) Revised 4/91 CITY OF CAMPBELL 70 NORTH FIRST STREET CAMPBELL, CALIFORNIA 95008 (408) 866-2100 FAX # (408) 379-2572 Department: Jara~ary 3, 1992 Mr. James C. Chen 2021 ~eAlamedaSte. San Jose, CA 95126 370 R~: Parcel Map 875 Apricot Avenue Enclosed is a red-lined cb~ck print of the ref~ parcel rap. This application w~s uresented to the Council, and apuroved as, a parcel map rather than a subdivision map. It r~cds to be revised to meet the State Map Act re~]i~ for the certificates and title appropriate to a parcel map. We have never received the engineer's calculations or the filing fee so have not conducted a complete map check. When we have received the fee of $559.00 and the calcs we will complete our review of this map. We sug~ you su~mit the mD prior to having the owners execute it. If youhave any questions please call. I can bereachedat 866-2163. Sincerely, James Penoyer Engineering Technician TO: City Clerk Please collect & receipt for the following monies: 35-3396 Project Revenue (specify project) PUBLIC WORKS FILE NO. Public Works Encroachment Permit Fees: 3372 Application Fee ($105) 3521 Plan Check Deposit ($500) 3521 Faithful Performance (Cash) Deposit (100% of) (ENGR. EST) 3521 Other Cash Deposit (specify) (4%of FPB) ($500 min.) 3372 Plan Check & Inspection Fee ($0 - $100,000 10%; $100,000 - $500,000 9%; $500,000 and above 7%; $100 min.) 3373 Project Plans & Specifications 3373 General Conditions, Standard Provisions & Details ($10 or $1/page) 3373 "No Parking" signs ($1/ea. or $25/100) 3373 Copies of Engineering Maps & Plans ($.50/sq.ft.) 3372 Final Parcel Map Filing Fee ($475 + $21/per lot) 3372 Final Tract Map Filing Fee ($525 + $21/per lot) 3372 Lot Line Adjustment Fee/Certificate of Compliance ($420) 3372 Vacation of Public Streets and Easements ($500) 3372 Assessment Segregation or Reapportionment First Split ($500) Each Additional Lot ($150) 3370 Storm Drainage Area Fee per Acre (R-1, $1,875; Multi-Res., $2,060; all other, $2,250) 3380 Public Works Special Projects 3395 Park Dedication In-lieu Fee 3510 Postage 7/-2 02_ ¥7~- TOTAL NAME OF APPLICANT '''-~' ' '! (-~¢:;y-c'~'/'t PHONE ~o/~ CITY CLERK RECEIVED BY . -.-, ~ ZIP A,,F .I oT -F'oVO 'aO U S% _ ,Status File: common. LSF I_oaded. Traverse Sequence Memory: c. ommon. TSM Loaded. Plot Sequence Memory: common. LPS L¢~aded, Workfile: PING4.L3D ready for use. Room for 100 points. Current Directory: C:XLLCOGO 5539840 Bytes free space available (138496 F'oints). Thu Jul 25 01:57:36 1991 Coordinate File: apricot. L3D Created. 100 Points set aside '~or use. Workfile: PING4.L. 3D closed Workfile: APRICOT.L3D ready for use, Room for 100 points, Current Directory: C:XLLCOGO 5535744 Bytes free space available (138393 Points). Thu Jul 25 01:59:06 1991 Enter & Assign 1 1600. 00000 4150. 00000 2 1735. 68000 7716. 40000 FROM ANGLE D I ST NORTH EAST 1 ***** START 1735. 68000 7'7 }. 6, 40000 2-1 BEARING REF 267 49 16,65 2 TRAV 90 00 00,00 69,5600 1735,680()0 7785.96000 3 TRAV 0 01 00~00 162,0000 1897,67999 7786,00712 4 TRAV 9£) 00 00.00 69. 5600 ].897. 67999 7855. 56712 5 TRAV 0 01 00,00 162,0000 2059,67999 7855~ 61425 ERROR: Invalid Command: =. < ERR 87 48 16,65RT LAT & DEF ..... 323.99999 .... 139.21425 6 HCLOSE 203 15 06.92 352,6423 1735.68000 7716.40000 PREC = 1 TO 1 Area = 11268.72 sq .Ft 0,25869 ac ............................. 9,0000 H I H @ AVG 5, 0000 Datum Elevation 0 H ~ DATUM 5. 000() Scale Factor 1.00000000000 6 SSTRAV 5 00 00.00 5.0000 2064, 66096 7856. 05003 14. 00000 0. 0000 t-.IT TRACT .UMBER U County of Santa Clara Current Planning Office 70 W. Hedding St., San Jose, CA 95110 Phone: 299-2454 PLEASE TYPE OR PRINT HEA~ See Instructions Below / - YOU &'~TI~EIL/~S~ OCT a Location of Tract Number of Lots & Units 4. Approximate Acreage 6. Owner's Name ¢'.'T'. Pf--V 8. Engineer's Name 10. Is the Proposed Tract in an incorporated City? '~y,,,~ '- No 13. Remarks: 2. Proposed Tract Name 5. Date of Planning Commission Approval of Tenative Map 7. Owner's Address 9. Engineer's Address and Phone Number _ 11. Is the Tract Proposed ] 12. If the answer to 10 or 11 for Annexation? __ [ yes, What City? Yes INSTRUCTIONS FOR COMPLETING TRACT NUMBER REQUEST FORM: 1. Existing frontage and intersecting adjacent streets or reference to existing tract limits. 2. If unknown, so state. Name must be provided prior to recordation if name is to be used. 3. Self explanatory. 5. The tract number will be issued only after the Tentative Map has been approved by the Planning Comm 6. through 12. Self explanatory. 13. For additional comments by private engineer/surveyor. NOTES: 1. 2. 3. 4. 5. Enclose copy of approved Tentative Map. The form shall be filled out and the gold copy retained by the engineer. / All other copies must be forwarded to Current Planning Office, 70 W. Hedding St., San Jose 95110 Where development involves more than one unit, submit a separate Tract Number Request for each gnit. Tract Number is automatically void if not used within one year from the date of issue and request in writing for renewal has not been received· A request for renewal shall be in writing and shall include the date of the re-approval or extension a~nd the length of time for such extension The assigned number is not transferable, except upon written re-application. Enclose $ · issuance fee. TRACT NUMBER ASSIGNED: REQUEST COMPLETE BY Routing White This space for machine validation DATE Land DevelolSment Coordinator ~)6240 REV 8/88 Green Canary Pink Goldenrod - Owner's Engineer - Planning Commission - City Engineer - Owner's Engineer (Preliminary Copy) CITY COUNCIL MINUTES - AUGUST 6, 1991 11. Application for Tentative Parcel Map -- 875 Apricot Ave. -- PM 91-03 -- J. Chen This action approves a Tentative Parcel Map for the creation of a four-unit townhome project in a PD zoning district at 875 Apricot Avenue. Oty Council Report 1TEM NO.: CATEGORY: MEETING DATE: Consent Calendar August 6, 1991 TITLE Approval of a Tentative Parcel Map for the creation of a four unit townhome project in a PD(Planned Development/Low-Medium Density Residential) zoning district - 875 Apricot Avenue - PM 91~03 RECOMMENDATION Approve Tentative Parcel Map PM 91-03, allowing the creation of four lots and a common driveway. BACKGROUND In 1990, the applicant requested approval of a zone change from R-3-S(Multiple Family Residential) to PD (Planned Development) and approval of a Planned Development Permit. The request was approved by the City Council on October 16, 1990 with a 5-0 vote. At this time, the applicant has requested approval of a Tentative Parcel Map. The Planning Commission, at its meeting of July 9, 1991, approved Resolution 2762 with a 6-0-1 vote, recommending approval of Tentative Parcel Map PM 91-03. ALTERNATIVES Deny the request The applicant would not be able to develop the property as previously approved. Exhibits: 1. Enclosures 2. Planning Commission Resolution 2762 3. Minutes of the Planning Commission, dated July 9, 1991 4. staff Report, dated July 9, 1991 Prepared by: Gin~(~arc~a, Planm~'g Assistant r db' Steve Piasecki, 131anni~g Director Thomas Frutchey, City Manager RESOLUTION NO. 2762 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A TENTATIVE PARCEL MAP TO ALLOW THE CREATION OF FOUR TOWNHOMES ON A COMMON DRIVEWAY, ON PROPERTY LOCATED AT 875 APRICOT AVENUE, APPLICATION OF MR. JAMES CHEN, IN A PD (PLANNED DEVELOPMENT) ZONING DISTRICT. PLANNING FILE NO. PM 91-03. After public notification, as specified by law, for the application of Mr. James Chen for approval of a Tentative Parcel Map to allow construction of four townhomes, located at Assessor's Parcel Number 412-12-001, 875 Apricot Avenue, as per the application filed in the Planning Department on May 30, 1991; and after presentation by the Planning Director, the Planning Commission did find, with regard to File No. PM 91-03: 1. The proposed map is consistent with the Planned Development Permit. The General Plan designates this area as a High-Density Residential District, 21 to 27 units per gross acre. The proposed project is for 14 units per gross acre. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes, subject to the imposed conditions, attached as Exhibit A, that: This Tentative Parcel Map, together with the provisions for its design and improvement, is consistent with the General Plan of the City of Campbell. PASSED AND ADOPTED this 9th day of July 1991, by the following roll call vote: AYES: NOES: ABSENT: Commissioners: Commissioners: Commissioners: /kine, Higgins, Perrine, Doutherty, Wilkinson, Fox None Meyer-Kennedy ' APPROVED: David Fox Vice Chairperson A~rEST: Steve Piasecki Secretary EXHIBIT A CONDITIONS OF APPROVAL: PM 914)3 SITE ADDRESS: 87S Apricot Avenue APPLICANT: James C. Chen & Associates, Inc. P. C. MEETING DATE: July 9, 1991 The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the Ordinances of the City of' Campbell and the State of California. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell land the State of California which pertain to this development and are not herein spedfied. SITE AND BUILDING DESIGN 1. Revised Plan: Revised site plan indicating location of fire hydrant to be submitted to the Planning Department and approved by the Planning Director upon recommendation of the Fire Department prior to application for a building permit. (Planning) Title Report: Provide a copy of the preliminary title report. (Public Works) STREET/SITE IMPROVEMENTS 3. Street Improvements: Dedicate additional right-of-way to widen Apricot Avenue to 30 feet from centerline. Street improvements shall be constructed as directed by the City Engineer. (Public Works) Encroachment Permit: Submit street improvement plans, pay fees, post surety and deposits as needed to obtain the encroachment permit required for all work within the public right-of-way as directed by the City Engineer. (Public Works) Grading and Drainage: Provide grading and drainage plans for review by the City Engineer. (Public Works) PROPERTY MANAGEMENT/UTILITIES 6. Sewer: Installation of a sanitary sewer system to serve all lots within the subdivision in conformance with the proposed plans of the West Valley Sanitation District No. 4. Sanitary sewerage service shall be proved by District No. 4. (Public Works) Water: Installation of a water distribution system to serve all lots within the subdivision in conformance with the plans of the San Jose Water Works. Water service shall be provided by San Jose Water Works. (Public Works) Conditions of Approval- Pi,. ~ 1-03 2 July 9, 1991 PUBLIC SAFETY/WELFARF. 8. Underground Utilities: Underground utilities to be provided as required by Section 20.36.150 of the Campbell Municipal Code. (Public Works) e Park Dedication Fee: Applicant shall pay fees of $9,096 (2 new units @ $4,548 each) for park dedication. (Public Works) 10. _.Code, Covenants & Restrictions: Code, Covenants and Restrictions (CC & R's) shall be approved by the City Engineer to insure provisions for maintenance of buildings and common area. (Public Works) FROM: Piasecki ~ning Director Donald Wimberly ~[ ~ Public Works Director DATE: June 27, 1991 SUBJECT: TENTATIVE SUBDIVISION MAP - 875 APRICOT AVENUE Approval of the tentative subdivision map TS 91-02 for 875 Apricot Avenue is recommended for approval with the following conditions: Compliance with all applicable Codes and Ordinances of the City of Campbell and the State of California which pertain to this development. Provide a copy of the preliminary title report. Dedicate additional right-of-way to widen Apricot Avenue to 30' from centerline. Sidewalk and improvements within the public right-of-way are not correct as shown on tentative map. Street improvements will be constructed as directed by the City Engineer. Submit street improvement plans, pay fees, post surety and deposits as needed to obtain the encroachment permit required for all work within the public right-of-way as directed by City Engineer. Provide grading and drainage plans for review by City Engineer. Pay park dedication fees of $9,096 (2 new units @ $4,548 each.) Code, Covenants & Restrictions (CC&R's) to be approved by City Engineer to insure provisions for maintenance of buildings and common area. Installation of a sanitary sewer system to serve all lots within the subdivision in conformance with the proposed plans of the West Valley Sanitation District No. 4. Sanitary sewerage service to be provided by District No. 4. Installation of a water distribution system to serve all lots within the subdivision in conformance with the plans of the San Jose Water Works. Water service to be provided by San Jose Water Works. Fire hydrants and appurtenances shall be provided and installed at the locations specified by the Fire Chief, Fire Department, City of Campbell. MQ:TS9102 NOTES TO FILE - TS 91-02 875 APRICOT AVENUE PARCEL MAP: A parcel map rather than a tract map may be filed for this development since it consists of 4 lots plus one common lot. PARK FEES: Park fees of $13,644 were a condition of PD approval 90-04. Since only two additional units were being constructed, the fee should have been $9,096 (2 new units @ $4,548 each). The subdivision park dedication fees for this subdivision are $9,096 (2 new dwelling units @ $4,548 each). If this application were submitted after July 4, 1991, the park fees would have been charged based on the general plan density for this area. STORM DRAIN AREA FEES: The storm drain fees were paid by this property with LID #11. STREET IMPROVEMENTS: Street improvement work will consist of removal and replacement of existing street improvements as necessary. PD90-04 requires that a portion of one parking space will be located within the public service easement. This parking space may be eliminated if the Planning Director approves the minor modification to the approved PD. Still unresolved. Sidewalk configuration has not yet been determined. Z O IL. J I-- Z 0 >.. I- Z ::3 0 7 0 Z 'r' 0 3 AI~IC)--~ 09/ RODS'CE] IG - I~ - 19c3(~ '~ 'd I 9b, I 69~ £Z £Z HINOS M.g06 Al. §06 ," gO6 9.906 O .£16 ~ ~'£16 3 .£16 Y'g06 O.g06 8 _J -- 8 '/16 -J ir. i/6 698 O9 .OE 0£ ~'//6 116 Y '116 N' 116 9.606 o r-.- (D OI Z Z