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548 W. Hacienda Ave. (89-15) CITY OF CAMPBELL RECEIV~D OCT 2/11989 70 NORTH FIRST STREET CAMPBELL, CALIFORNIA 95008 (408) 866-2100 Public Worka/Enginooring Department: Planning October 23, 1989 Kurt Anderson PO Box 1089 Campbell, CA 95009-1089 Dear Mr. Anderson: Please be advised that the City Council at its meeting of October 3, 1989, adopted Ordinance #1767 approving your request for a Planned Development Permit for 3 townhomes located at 548 W. Hacienda A venue, subject to the attached conditions. The ordinance becomes effective 30 days after the City Council meeting date. Please submit 2 copies of the revised site plan I elevations to the Planning Department reflecting all recommended modifications, at your earliest convenience. ~~ Gloria M. Sciara Planner I gms : ljb cc: Fire Dept. Public Works Dept. Santa Clara County Assessor's Office ORDINANCE NO. 1767 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A PLANNED DEVELOPMENT PERMIT, PLANS, ELEVATIONS, DEVELOPMENT SCHEDULE, AND CONDITIONS OF APPROVAL TO ALLoW CONSTRUCTION OF THREE TOWNHOMES ON PROPERTY KNOWN AS 548 WEST HACIENDA AVENUE IN A PD (PLANNED DEVELOPMENT/LOW- MEDIUM DENSITY RESIDENTIAL) ZONING DISTRICT. APPLICATION OF MR. KURT ANDERSON, PD 89-15. The City Council of the City of Campbell does ordain as follows: SECTION ONE: That the Zoning Map of the City of Campbell is hereby changed and amended on property known as 548 West Hacienda Avenue by adopting the attached Exhibit A entitled Plans and Elevations; Exhibit B entitled Development Schedule; Exhibit C entitled Map of Said Property; and Exhibit D entitled Conditions of Approval, as per the application of Mr. Kurt Anderson for plans, elevations, and development schedule to allow the construction of three townhomes in a Planned Development Zoning District. Copies of said Exhibits are on file in the Planning Department. SECTION TWO: This Ordinance shall become effective 30 days following its passage and adoption and shall be published once within 15 days upon passage and adoption in the San Jose Mercury News, a news paper of general circulation in the City of Campbell, County of Santa Clara. ~ PASSED AND ADOPTED this 3rd call vote: day of October, 198~ by the following roll AYES: NOES: ABSENT : Counci1members: KOTOWSKI, ASHWORTH, BURR, CONANT, WATSON Councilmembers: RONE Counci1members: BONE A'l'TEST: ~ Barbara Olsasky, -- THE FOI'IEGO'NG INST AOJO CORRECT COPy RUMENT IS A TRUE ON FilE IN THIS OFF'C~~ THE ORIGINAL ATTEST: BARBARA CITY OF. AMPBEll~~~~~~R;'TY CLERK. BY ¡ DATED EXHIBIT B STANDARD DEVELOPMENT SCHEDULE FILE NO: PD 89-15 APPLICANT: K. ANDERSON SITE ADDRESS: 548 W. HACIENDA AVE. 1. Construction to begin within one year of final approval. 2. Construction to be completed within one year of starting date. NOTE: Above Development Schedule is a standard used by the Planning Department when applicant has not submitted a schedule for his project. . ~ r . -- . «: ...." ~ Publ ic Hearing before the Planning COI!rnission on 8-22-89 Resolution No. 2614 reconrnending /' ^ approval of PD 89-15 (4-0-0) .,.:... V " CONDITIONS OF APPROVAL - FILE' PD 89-15 S.IT£ ADDRESS: 548 W. HACIENDA AVE. Al'PLICANT: I. ANDERSON PC HTG DATE: 8-22-89 n. çp1ic~~ 18 hr.~ DoUfi.d. a. part of ~hb a~licaUon. ~œt h/.he is required to 8eet the following conditions in accordance with the Ordinances of ~h. Ci~y of ~~1l od ~h. w~ of ~M s~.u of ~lifomi_. MdiUœ_l1y, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California which pertain to this development and are not herein specified. 1. Elevations/Site Plan: Revised elevations and/or site plan indicating .tepping of building mass and elimination of wainscoat - to be submitted to the Planning Department and approved by the Planning Director Upon recommendation of the Architectural Advisor prior to application for a build!nl permit. 2. hnclnRS/undsc..ln_, hoperty to k hnced end l~dsc.ped es Indiceted and/or added in red on the plans. Landscaping and fencing shall be ..intained in accordance with the approved plans. 3. wndse'Þin./lrri..U~, wndse.pina pl.n indie'Una t~. .nd 'he of phnt -tarial. and 10caUon of iniaauon 8~tu to N 8u=ltted to the Plannlna ~~r~nt ~d çproved ~ the Plannln~ Director prior to çplicati~ for a buildinl permit. 4. rho1no. hno1~ pIe 1nd1"U~ Ioo.U~ ed doo11n dot.Us of óno1~ to ~ 8u=itud to ~8 'laMina ~~r_nt ed 8~rOhd ~ tM 'l-ina ~!rector prior to issuance of. building permit. ~. 5. hrfomance B~d - wndSC8o!nR. yencins. Strieins= ~pli~t ~ either (1) post a faithful performance bond in the Amount of $10,000.00 to insure landscapina, fencing, and striping of parkina areas within 3 8onths of completion of construction; or (2) file written agreement to complete lan"Upi~, fheina, ud .trip1~ of ~ñina are... ~nd or aareuot to ~ filed vi~ tM nami~ hparœmt prior to Çpli"Uœ for a ~ildi~ permit. ~nlty ~es' ~p1tcMt to h~t. p~ to~. n~i. .P.~t. prior to installation of PC&!: utility (transformer) boxes, indicatina the location of the boxes and .creenina (if boxes are above around) for approval of the Plannina Director. - - 6. 7. Bulldin. ~~e~. hlld~ ~~~ will not H all-d atll p~lio improVements are installed. 8. hñ1n./~iwv.y., All ~ñ1. Md driwv.y .~." M d.~lo~d in cQÇU.~. with C~ter 21.50 ~ ~~~ll ~ic1p.l cœ.. .All ~ûi~ .pac.. to" provided with appropriate concrete Curbs or bumper auards. e. ~IUU... UM.q~d utUIUu to M ~Id~ u nqulhd ~ .~I~ 20.36.150 of the Campbell Municipal Code. '. 10. ~tUt1.., PÙM n8tttM to tu ~Ud~ ~~rt8mt fft PDn CMok .uu indicate claarly the location of all connectiOftS for underaround.utilities includinl vater. .ever, electric. telephone and televi.ion cables. CONDITIONS OF APPROVAL - FILE' PD 89-15 SITE ADDRESS: 548 W. HACIENDA AVE. :.r:':.¡~: K. ANDERSON PC. 2 11. GarbaRe Collection: Ordinance No. 782 of the Campbell Municipal Code stipulates that any contract for the collection and disposal of refuse, .arbale, wet .arbale and rubbish produced within the limits of the City of Campbell shall be made with Green Valley Disposal Company. ."This requirement applies to all single-family dwellinls, multiple apartment units, to all comn~rcial, business, industrial, manufacturing, and construction establishments. . 12. Trash Containers/Enclosures: Trash container(s) of a size and quantity necessary to serve the development shall be located in areaCs) approved by ~he Fire Department. Unless otherwise noted, enclosure(s) shall consist of . concrete floor surrounded by a solid wall or fence and have self-closing doors of a size specified by the Fire Department. All enclosures to be constructed at arade level and have a level area adjacent to the trash enclosure area to service these containers. 13. Noise Levels: Noise levels for the interior of residential units shall comply with minimum State (Title 25) and local standards as indicated in ~he Noise Element of the Campbell General Plan. - 14. Park Dedication Fee: Applicant is hereby notified that he will be required ~o pay Park Dedication In-Lieu Fee which will be assessed at the time the subdivision map is submitted. IS. ProD.rt~ S.cur~ n. applicmt is h.re~ notified that tM P~erty is to be maintained free of any combustible trash, debris and weeds, until the time that actual construction commences. All existinl structures shall þe .ecured by havina windows boarded up and doors aealed shut, or be demolished or removed from the property. Sect. 11.201 & 11.414.1979 Ed. Uniform Fire Code. ~ - ~UILDING DEP AR'I'HENT 16. btalnln~ ~Ua. bu~1. nUa at ~~r~ liMa an l~lted ~ a œllht of 15 inches if constructed of wood. PUBLIC WORKS DEPARnŒNT 17. Dedicate additional rilht-of-way to widen Hacienda Ave. to 45 feet from center. 18. Install standard street i8provements in Hacienda Ave. and Walnut Drive Jncludinlelectroliers. " 19. Obtain an encroachment penait. ,ay fe.s. and . post surety for all work in the public riaht-of-way. 20. Pay atom drain area fe.. . CONDITIONS OF APPROVAL - FILE II PD 89-15 SITE ADDRESS: 548 W. HACIENDA AVE. APPLI CANT: J( . ANDERSON PC. 3 22. Process and file a parcel map. 21. Provide 5 sets of Iradinl and drainage plans. 23. No fence over 30" high within 15' of sidewalk. - - 'i--lQ 'f-c c~J, ~J ß~¡\ s. I *' QLA... ~ ~. ~ ð'H-AAA.c'D-- \f--l-L ~. 1>~.JJ Public Works March 4, 1991 Mr. Russ Aleshi 510 Beth Drive San Jose, CA 95111 SUBJECT: 548 W. Hacienda Avenue Dear Mr. Aleshi: We have received your letter dated February 25, 1992 regarding documents you wish to use to replace the need for a letter of credit or bond to secure the street improvement obligation for development of 548 Hacienda Avenue. The letter you have provided from your bank is not adequate for our purposes. The City needs a form of security that insures faithful performance of the street improvement obligation. As we have discussed, if the City had to fulfill the street improvement obligation, the cost is estimated to be $70,300. For this reason, the City needs this amount secured to assure fulfillment of the street improvement obligation. Once the street improvements are installed and accepted by the City, 75% of this amount is returned or released. The remaining 25% is retained as a maintenance bond for one year beyond the date of acceptance of the improvements. Our Public Works Director has indicated that he is willing to work with you to find some form of surety that will satisfy both of our objectives. He mentioned to you there may be a possiblity of working with the bank that has issued the construction loan for your project. Issuance of a "set-aside" letter from your bank would be an acceptable form of surety if it contained the items listed below. A set-aside letter is essentially a letter of credit issued by the bank who is holding your construction loan. The "set-aside" letter needs to contain the following agreements: 0 The bank has set aside an amount of $70,300 within your construction loan to guarantee fulfillment of your street improvement obligation 0 In the event that the street improvement obligation is not completed to the City's satisfaction, the bank will make these funds ($70,300) available to the City for completing the street improvement obligation 0 The set-aside amount will not be released until the City has formally accepted the improvements 0 Once the City has accepted the improvements, 25% of the set-aside amount ($17,575) will be set-aside by the bank for an additional year to cover the maintenance period 0 The 25% retention shall not be released until the City authorizes the release of the maintenance surety. If you would like to have your bank draft such a letter and send it to my attention, I will have it reviewed by the City Engineer and City Attorney. I would also like to take this opportunity to outline the outstanding requirements that you will need to fulfill prior to release of the building permits and the encroachment permit: ~o Pay park fees of $8,057.00. 0 Sign and have notarized two copies of the enclosed street improvement agreement and return both copies. 0 Post a surety for faithful performance (or set-aside letter as described above) in the amount of $70,300. 0 Pay the cash deposit of $2,812.00 required for the encroachment permit. 0 Pay the plan check and inspection fee of $7,030.00 required for the encroachment permit. 0 Provide current workers compensation and insurance information required for the encroachment permit. 0 Provide a grading and drainage plan for review by the City Engineer. When the above requirements have been completed the encroachment permit will be issued and the Engineering Division will release clearance to the Building Division for your building permit. The Building Division may have other requirements that you would need to fulfill prior to the issuance of your building permit. You need to check with that Division for other requirements. I hope this letter has been helpful to you. Please call Don King or me at 866-2150 if you have any questions. Sincerely, Michelle Quinney Senior Civil Engineer cc: Frank Cauthorn, Building Tim Haley, Planning MQ:DEVLPMNT/R9103C (--~ i CITY OF CAMPBEll 70 NORTH FIRST STREET CAMPBELL. CALIFORNIA 95008 (408) 866-2100 FAX # (408) 379-2572 WlMBERL Y HELMS BOlliER KRUGER QUINNEY k...~(, Department: Public Works July 24, 1991 Mr. Aleshi 510 Beth Drive San Jose, CA 95111 SUBJECT: 548 HACIENDA Dear Mr. Aleshi: I have compiled the following history of your efforts to develop the property at 548 Hacienda Avenue. I hope this will help you understand why the Public Works Director and I do not support waiving any portion of the park dedication fees. 2-16-88 5-6-88 5-16-88 5-27-88 8-1-88 11-3-88 11-27-88 PD 87-04 was approved by City Council for construction of two units on the property. Conditions placed on the approval of this PD included the filing of a parcel map creating the two lots, and obtaining an excavation permit to install street improvements. Construction was also to begin within one year. A tentative parcel map for the two lots was filed. tentative map filing fee of $350 was collected. PM 88-06, the tentative parcel map for the 2 lot split was approved. Park dedication fees were required as a condition of approval of the final map. The fees were set at $1,132jlot = $2,264. A Application for an encroachment permit (88-151) and plans for street improvements were submitted to the Public Works Department. Plan check deposit ($500) and application fee ($50) paid. Final map for two lot split submitted. fee paid. No final map Improvement plans approved. Permit never pulled. expired. Encroachment permit application 1-20-89 1-20-89 2-16-89 10-3-89 10-5-89 10-12-89 4-26-90 5-16-90 6-90 7-1-90 7-10-90 8-8-90 8-14-90 8-24-90 Final map filing fee of $300 paid and park fee of $2,264 paid. Other encroachment permit fees paid (faithful performance deposit $2,012, plan check and inspection fee $3,521). Applicant notified that encroachment permit application (88-151) had expired. Offered additional 60 day extension. No response from applicant. PD 87-04 expired. city Council approved PD 89-15 for three townhomes. Construction was to begin within one year. Conditions of approval required obtaining an encroachment permit, installation of standard street improvements, payment of storm drain fees, filing a parcel map. Application for encroachment permit (89-305) received. Plans, and $50 encroachment permit application fee submitted. Encroachment permit application (89-305) expired on 4- 5-90. 6 month extension granted over phone. PM 88-06 expired per Map Act. New final parcel map with three lots submitted for approval. No tentative map submitted for the three lot configuration. Planning Director agreed to review the final map as the tentative submittal (PM 90-10). Public Works Director updates value of land for park dedication fees. New park fees raised to $4,548/parce1. Faithful performance bond of $50,300 posted (as required by encroachment permit 89-305). Tentative map (PM 90-10) approved. Conditions of approval included filing a final map, installing street improvements, paying storm fees of $400, and park fees of $5,887 (3 units @ $2,717 less the amount of park fee paid previously, $2,264 - Used fees that were in effect at the time the map was submitted for review). Park fees of $5,887 and storm fees of $400 paid (as required by tentative map approval PM 90-10). Improvement plans approved. 8-27-90 9-14-90 10-5-90 11-1-90 11-1-90 11-2-90 6-11-91 6-24-91 7-2-91 Final parcel map signed and given to Valley Title for recording. (There is no record of the street improvement agreement being executed, as required by tentative map approval PM 90-10). Planning Department notified applicant that PD 89-15 would expire on November 2, 1990. The applicant was informed that unless construction began within the next few weeks, an application for an extension of time was required. This application for an extension was to be done prior to expiration of the original PD approval. Additional 2 month extension granted for encroachment permit application 89-305. Encroachment permit 89-305 issued. Refund of cash deposit for encroachment permit 88-151 returned. (This was in error since the cash deposit for permit 88-151 was to be applied to the new permit application 89-305. Applicant now owes the cash deposit of $500 for permit 89-305.) PD 89-15 expired. Planning Commission recommended approval of R 91-03. Conditions of approval were to obtain an encroachment permit, install standard street improvements, pay storm fees, file a parcel map, provide grading and drainage plans for review. Unfortunately, the Planning ----I Department did not incorporate Public Works conditions into their report, and the need to assess the current) park dedication fees did not appear in the conditions. // Public Works sent a letter to the applicant regarding the new park fees that are due under the City's current ordinance. These were $4,548jparcel. Applicant was notified that a total of $8,057 is due in park fees (3 parcels x $4,548 less previously paid park fee of $5,587). Public Works met with the applicant to discuss the park fee requirement. The applicant explained that he thought if he pulled the encroachment permit, his PD would not expire. The applicant believed that he could have obtained the clearances required in order to pull the building permit by 11-2-91 but thought that the encroachment permit was all he needed to complete in order to maintain his valid PD. Staff reviewed all remaining conditions that need to be satisfied prior to applicant obtaining the building permit for this property. A clearance from the Sanitation District, School District, and Fire Department are needed as well as resolution of the park fee issue. Staff agreed to 7-2-91 look into the park fee requirement and get back to him. City Council approved R 91-03 to reinstate the previous planned development permit. The reinstatement requires construction to begin within one year. 7-5-91 Park fees revised per City council Ordinance 1836. Should R 91-03 expire, new fees will be applied to the next development permit. Insurance required by the encroachment permit will expire. Encroachment permit 89-304 will expire. ~'J o/fp~ - I hope this will help you understand why the Public Works Director and I do not support waiving any portion of the park dedication fees. We can all see that this has been a long, involved and drawn out process. Plans for the development of your parcel have changed just as the requirements for developments within the City of Campbell have changed. The City is constantly evolving to keep pace with current events. Conditions placed on developments today are much different than those placed on developments only a few years ago. Future conditions promise to be much different than those placed today. Because of this constant evolution, it is necessary to put time limitations on all permit issuing processes. 9-26-91 11-1-91 For these reasons it is not prudent for City staff to apply outdated conditions to permits that have expired. There is also the fact that you were notified of the potential expiration of your permit. The Planning Department cautioned that any permit extension needed to be applied for before the expiration date of the current development permit. You had made the point that if you had obtained the clearances required by the Building Division by November 2, 1990, the PD would not have expired and the park fee requirement would have been satisfied. The City would have received $2,717 per unit in lieu of dedicating land for parks. If this were the case, PD 89- 15 would still be in effect and construction of your development would be required to be completed by November 2, 1991. with the reinstatement R91-03, you have until July 2, 1992 to begin construction of your development, and have an additional year within which to complete the construction. This could in effect extend your permit until July 1, 1993. For this reason, collection of park fees at the 1989 rate of $2,717 per unit is not acceptable. If your development were to be reviewed today, the park fees required would be $6,615 per unit. In summary, prior to obtaining a building permit, you will need to pay additional park fees of $8,057 (3 units x $4,548 less previously paid park fees of $5,587). A street improvement agreement was transmitted to your engineer in May of 1988. We are unable to find a copy of the executed agreement in our files. Regardless, this agreement from 1988 is also outdated and we will need to prepare a new agreement for you to sign and have notarized. Please contact Jim Penoyer in our office when you are ready to pay the park fees and obtain the street improvement agreements. I would also like to bring to your attention that the insurance provided for the encroachment permit will expire on September 26, 1991. The encroachment permit will become invalid if this insurance is allowed to lapse. The encroachment permit itself will expire on December 1, 1991. Please contact Don King in our office to determine how these can be extended. Also, as discussed with the Building Division on July 2, 1991, clearances from the Fire, West Valley Sanitation District and the School District are still needed. I have attached for your reference a copy of the appeal process as outlined in the City of Campbell Municipal Code. I am also available to answer any further questions you may have regarding this issue. I can be reached at 866-2162. Sincerely, 111dœiL cY . ' Michelle QUinn~ Senior civil Engineer Attachments: Appeal process cc: Frank Cauthorn, Building Official Gloria Sciara, Planning MQ:R9103B Chapter 20.44 APPEALS Sections: 20.44.010 20.44.020 20.44.030 Notice. Report. Action by city council. 20.44.010 Notice. Appeal may be made from any decision, determination or requirement of the planning commission or city engineer by filing a notice thereof in writing with the city clerk within ten days aftar such decision or deter- mination or requirement is made. Such notice shall set forth in detail the action and the. grounds upon which the subdivider deems himself aggrieved. COrd. 1619 51Cpart), 1986). 20.44.020 Reeort. ~e c~ty clark shall report the filing of such not1ce to the pla~n;ng commission and the city council by the one whose decision, determination or requirement is being appealed. COrd. 1619 51Cpart), 1986). 20.44.030 Action br city council. The city council at its next regular meeting following the filing of the appeal, or within ten days following the filing thereof, shall set the appeal for hearing to be held within twenty- one days thereafter and such hearing may for good cause be continued by order of the city council. Upon the hearing of the appeal, the city council may overrule or modify the 313 (Campbell 2/87) 20..48.010--20.52.010 decision, determination or requirement appealed. from and enter any such order or orders as aJ:e in: ha1:mony with the spiri t and purpose of this chapter, and such disposition of the appeal shall be final. (Ord.. 1619 51 (part), 1986). S \