60 Shelley Ave. (80-12)
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TRACT NO.
Agenda deadline
Council meeting
Agenda deadline
Council meeting
Items needed to meet City Council Agenda deadline for approval
of Final Map:
Date Rec'd
Letters:
\ Sanitation District No.4 (release)
~ P.G. & E. (easement approval)
:3 P. T. & T. (easement approval)
1 Improvement Plans (signed by San. Dist. 4)
> Final Map (signed and notarized)
t Agreement (signed and notarized)
7 -10 -P'J
1 Bonds: Nte.A "R v"/uc. 1e~ f Amount
Faithful Performance J'3 l> DC>
Labor and materials , foo
l( c. ,C. and R. I S ~
Fees (payable to City): Amount
Final Map fil ing leD
Plan exam. & const. jnsp. 4 Sf'
Fi re hydrant ma i nt. J'S
Storm Drainage area m
'IO'?~
Tota 1 J,...4:0-
Fee (payable to County):
Recordi ng
Items needed before Final Map can be recorded:
Tax letter from County Tax Collector
Tax Bond
Subdivision Guaranty
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_,~~- _~ 235 SH"RP I'VE. 377-2.'.
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'150 NO. ."NT" GRU'%. ,,-VENU&
LoOS G.-.TOS. CIl.UP'ORtUA 860ao
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A.P.N. 413-2?-7~
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PROPOSED
CJTY Of CA~J\PBELL
t\NNEXj~TI0N \;VHJTE O,(\~.{S
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ITEM NO. 10
STAFF COMMENT SHEET - PLANNING COMMISSION MEETING OF JUNE 2, 1981
S 80-12
Billmaier, J.
Request of Mr. J. Billmaier for reinstatement
of approval of plans to construct 4 condominium
units on the rear portion of an existing single-
family development on property known as 60 Shelley
Avenue in an R-M (Low-Medium Density Residential)
Zoning District.
STAFF RECOMMENDATION
That the Planning Commission grant an extension of one year for
its approval of S 80-12, subject to the previous conditions of
approval.
STAFF DISCUSSION
At its meeting of June 3, 1980, the Planning Commission approved the
applicant's request to construct 4 condominium units on the rear
portion of an existing single-family development. This approval expires
June 3, 1981.
The applicant at this time is requesting an extension of the Commission's
approval for this project.
There have been no changes in the Land Use Element of the General Plan
in this area, consequently Staff is recommending approval of the
requested extension at this time.
As approved, this 5-unit project would have an overall density of 9.7
units per gross acre. The Land Use Element of the General Plan indicates
a range of 6-13 units per gross acre for this site.
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CONDITIONS OF APPROVAL - S 80-12
Application of: Billmaier, J.
P_ge 3
FIRE DEPARTMENT
I. Install one street style fire hydrant at rear of 21 foot driveway.
J. Provide "2A-10BC" fire extinguishers.
K. Provide location of trash enclosure on building plans.
PUBLIC WORKS DEPARTMENT
L. Process and file a tract map.
M. Provide a copy of the preliminary title report.
N. Pay the storm drainage area fee of $348.
O. Enter into an agreement and post surety to construct street
improvements and agree to participate in a local improvement
district in the future.
P. Obtain an excavation permit for any work in the public right of way.
The applicant Is notified that he/she shall comply with all applicable
Codes or Ordinances of the City of Campbell which pertain to this
development and are not herein specified.
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May 1 8, 1 981
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Dear Members of the Planning Commission:
On June 3, 1980, I was granted site and architectural
approval for construction of a four (4) unit condominium
project at 60 Shelley Avenue, Campbell, California.
I am, at this time, requesting an extension of this
approval beyond the June 3, 1981 deadline.
All necessary items have been submitted to the
appropriate departments and have been approved or are
in the process of being reviewed.
Respectfully/s~itted,
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// James A. Billmaier
V
60 Shelley Ave.
Campbell, CA 95008
(408) 371-0458
~~~~~~~~
MAY 18 19_81.1
CITY OF CAMPSEL.L-
PLAl\:NINO D~PA~TMgN""
;'1TEM NO.4
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STAFF COMMENT SHEET - PLANNING COMMISSION MEETING OF APRIL 1, 1980
S 80-12
Bill ma i e r, J.
Application of Mr. James A. Billmaier for
approval of plans to construct 4 condominium
units on the rear portion of an existing
single-family development on property known as
60 Shelley Avenue in an R-M (Low-Medium
Density Residential) Zoning District.
STAFF RECOMMENDATION
1. Continuance, in order that the concerns of the Fire Department
may be resolved, or
2. Approval, subject to the attached conditions.
STAFF DISCUSSION
The applicant is proposing to construct four condominium units on the
rear portion of an existing single-family development. The existing
and proposed structures will cover approximately 27.45 percent of the
0.46 acre (19,800 square foot) site.
Building materials include wood siding walls with wood trim and a cedar
shake roof.
The applicant is providing 12 standard size parking spaces (7 covered,
5 uncovered) which results in a parking ratio of 2.4 spaces per residential
unit. Section 21.50.030 of the Campbell Municipal Code requires 2.5 spaces
per unit for the proposed development. Staff is therefore recommending
that one additional space be provided (as redlined on the site plan) so
that the parking ratio will conform to the requirements of the Zoning
Ordinance.
The site plan indicates that approximately 36.8 percent of the site will
be landscaped.
The Architectural Advisor is of the opinion that the design of the
building is acceptable.
The Fire Department has indicated that the on-site circulation system does
not provide for a turn-around area that is adequate for fire engines.
For this reason. staff is recommending that this item be continued until
the concern of the Fire Department can be satisfied.
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':Ie ):;(."'0" ":) '..l;:? OJ:-;: 'n--> V~c""n~ !E'lPl l-n: in re:-:;
of existir.- rrsidon:~ t:l ~rovije ~f')\.i:; :>f:or:i;o.'-tle Jr:~-~
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Sl;::-::~ ~ _ ""1"- -:: unl to::;.
Tn? j~si!"~'"'i:ity :on: ?~~ets 0: ~r-.e "")!'oject, ::!'e ~n:!'=-:--t:.~
'-to: i-~-:f:i' t" )!':ly.i.,i ty to free':,,;:,:,' ~ccess. 7,'i n. t:hs
s-n:-2.::' m.:-,'"'-"'r of units, there ....ill tx: little ill:l"ct or.
trEffic cOi.:;e~tion.
Be c ::>use 0:' th~ se t ~?C % f!'oll tr:E'
f!'0nt stre:ct, n.€' )ro?osed units '''ill he ~fforcej ~-.Jiet-
nes~ 2nd JriVFCY.
l.I2.te!'icl:: (sic:n~, color, style) h,::>VE> he~r. hlende:
.
;.:3. n. ex i s t:.n: s tr uc ture fOT maxi llU::l ho:noge ne i ty.
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MAh .J I:;, 1
CITY OF CAMPBELL
P~NNING DEPARTt<IoENT
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CONDITIONS OF APrKOVAl - S 80-12
App 1 I ca t ion 0 f: J. Bill ma i e r
Page I
NjA* Revised elevations to be approved by the Planning Director
upon recommendation of the Architectural Advisor.
Property to be fenced and landscaped as Indicated and/or
added in red on plans.
2 Landscaping plan Indicating type and size of plant material.
and location of hose bIbs or sprinkler system to be submitted
for approval of the Planning Director prior to application
for bu i I ding permi t.
3
Fencing plan Indicating location and design details of fencing
to be submitted for approval of Planning Director prior to
application for building permit.
4 Landscaping and fencing shall be maintained In accordance with
the approved plan.
5 Applicant to either (1) post a faithful performance bond In
the amount of $ 3,000 to Insure landscaping. fencing. and
striping of parking areas within three months of completion
of construction, or (2) file written agreement to complete
landscaping. fencing and stripIng of parking areas prior to
final Building Department clearance.
N/A*
Applicant to submit
limiting the use of
office use,
use, and
a letter. satisfactory to the City Attorney
the property to: square feet of
square feet of speculative Industrial
square feet of warehouse use.
6 All mechanical equipment located on roofs to be screened as
approved by the Planning Director.
*N/A - Not applicable to thIs applIcatIon.
CONDITIONS or APPROVAL - S 80-12
App 1 i ca t Ion 0 f : 8 i 11 ma i e r, J.
Page 2
The applicant Is notified as part of this application that he/she Is required
to meet the following conditions In accordance with Ordinances of the City of
Campbell and Laws of the State of California.
A All parking and driveway areas to be developed In compliance
with Section 21.50 of the Campbell Municipal Code. All
parking spaces to be provided with appropriate concrete curbs
or bumper guards.
8 Underground utll ities to be provided as required by Section
20.16.070 of the Campbell Kunicipal Code.
C Plans submitted to the Building Department for plan check shal I
indicate clearly the location of all connections for underground
utilities Including water, sewer, electric, telephone and
television cables. etc.
o Sign application to be submitted In accordance with provisIons
of the sign ordinance for all signs. No sign to be installed
until appl ication is approved and permit issued by the Building
Department. (Section 21.68.030 of the Campbell Municipal Code.)
E Ordinance No. 782 of the Campbell Municipal Code stipulates that
any contract for the collection and disposal of refuse. garbage,
wet garbage 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 dwellings, multiple
apartment units. to all commercial. business, Industrial,
manufacturing. and construction establishments.
F Trash contalner(s) of a size and quantIty necessary to serve the
development shall be located in area(s) approved by the Fire
Department. Unless otherwise noted, enclosure(s) shall consist
of a 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 grade level.
G Applicant shall comply with all appropriate State and City require-
ments for the handicapped.
H Noise levels for the Interior of residential units shall comply
with minimum State (Title 25) and local standards as Indicated
In the Noise Element of the Campbell General Plan.
COUNTY SANITATION DISTRICT NO.4
OF SANTA CLARA COUNTY
August 14, 1981
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SERVING RESIDENTS OF
CITY OF CAMPBELL
TOWN OF LOS GATOS
CITY OF MONTE SERENO
CITY OF SAN JOSE
CITY OF SANTA CLARA
CITY OF SARATOGA
UNINCORPORATED AREA
100 East Sunnyoaks Avenue
Campbell, California 95008 - 6682
Telephone 378.2407
City of Campbell
Public Works Department
75 N. Central Avenue
Campbell, CA 95008
RE Shelley Avenue Extension
APN 413-25-081 (Billmaier)
Attention: James Penoyer
Mr. Billmaier is not going ahead with the proposed development.
He has requested the District return his bond and fees deposited.
The District forwarded a clearance letter to the city, which is
now cancelled.
We will return the performance bond (certificate of investment
for $10,000) to him, and the $341.00 inspection deposit. The
plan check fee, $158.00, will be retained, as this service has
been performed.
If this project is re-activated, the bond and fee will have to
be redeposited, and a clearance letter will be reissued.
Very truly yours
Stephen H. Goodman
DiliJ ~liEngineer
By Robert L. Moehle
Engineering Services
RLM/ j f
xc: James A. Billmaier
60 Shelley Avenue
Campbell, CA 95008
'-1--'\ F
COUNTY SANITATION DISTRICT NO.4
OF SANTA CLARA COUNTY
SERVING RESIDENTS OF
CITY OF CAMPBELL
TQ,VN OF LOS GATOS
CiTY OF MONTE:. SERENO
CITY OF SAN JOSE
CITY OF SANTA CLARA
CITY OF SARATOGA
UNINCORPORATED AREA
100 East Sunnyoaks Avenue
Campbell, California 95008
Telephone 378.2407
July 9, 1981
City of Campbell
Public Works Department
75 N. Central Avenue
Campbell, CA 95008
Re Shelley Avenue Project, for Bi11maier
APN 413-25-081
This is the District's "clearance letter" for the
recordation of subject development.
This District has reviewed and approved the plans
for the sewer system servicing this development.
Fees due this District have been paid. Bond,
adequate to insure subject sewer system installa-
tion, has been posted with this District. In short,
all or the District's requirements for tract
recordation have been met.
Very truly yours,
stephen H. Goodman
Manager and Engineer
()~ f(, 1!Jzr?
By P. R. Nichols
Assistant District Engineer
PRN; RLM/j f
TRACT NUMBER REQUEST
..
PLEASE TYPE OR PRI~EAVILY - YOU GET THE LAST COpy I
County of Santa Clara
Central Permit Office
70 W. Hedding St., San Jose 95110
Phone: 299-2454
SEE INSTRUCTIONS BELOW
1. Location of Tract 2. Proposed Tract Name Recorder's Approval
:< h(~ 11 (~'/ Yes No
}\venue none
3. Number of Lots 4. Approximate Acreage 5. Date of Planning Commission
1 .514 f'. c r~ ftfiWf" of Tentative Map
6. Developer's Name 7. Developer's Address
f): d:' ~:, .1.11';1;: i, "J... :>0 ~;1.1(~110\.r l-.~ ..,,('~. , (; () ffiT> ~')f:" 11 , C\ ':1 :~ n Q'~;
8. Engineer's Name 9. Engineer's Phone Number 10. Is the Proposed Tract in
'clvJ:l ., ;: 111 Tnc. '36fi-1S!Jf. an Incorporated City?
. Yes No
11. Is the Tract Proposed 12. If the answer to 10 or 11 is Yes, What City?
for Annexation?
Yes No '- Carr>h'''ll
13. Remarks:
INSTRUCTIONS FOR COMPLETING TRACT NUMBER REQUEST FORM:
1. Existing frontage and intersecting adjacent streets or reference to existing tract limits.
2. If unkown, so state. Name must be provided prior to recordation if name is to be used. Tract name must be
approved by the County Recorder.
3. Self explanatory.
5. The tract number will be issued only after the Tentative Map has been approved by the Planning Commission.
6. through 12. Self explanatory.
13. For additional comments by private engineer/surveyor.
NOTES:
1. Enclose copy of approved Tentative Map.
2. The form shall be filled out and the gold copy retained by the engineer.
3. All other copies must be forwarded to Central Permit Office, 70 W. Hedding St., San Jose 95110
4. Where development involves more than one unit, submit a separate Tract Number Request for each unit.
5. 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.
6. A request for renewal shall be in writing and shall include the date of the re-approval or extension and the
length of time for such extension.
7. The assigned number is not transferable, except upon written re-application.
8. Check all copies for legibility.
COUNTY ROADS TRACT NUMBER ASSIGNED:
REQUEST COMPLETE BY
DATE
BY
DATE
Routing:
White
Green
Canary
Pink
Gold
- Land Development Coordinator
- Developer's Engineer
- Planning Commission
- City Engineer
- Developer's Engineer (Preliminary Copy)
~ 6240 REV 4/78
SANTA CLARA COUNTY
EN VI RONMENT AL HEALTH SER"
~AND DEVELOPMENT REPOh.
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Owner/Applicant
TO:
Location
D
ES
h \ <.' v.-/ O(/j)
DateJII.",. I ~ lid
File No: A!JI ~I )..2$'"-1/
The application
not approved for the following reason(s):
~ The application is approved subject to the following conditions:
)( A sanitary sewer connection will be required.
/
+
No sewers are available, therefore, in order to determine the amount
of drainfield required for a septic tank system, percolation tests
will be necessary.
Individual sewage disposal requirements have been determined for this
site. A septic tank permit will be issued for construction of a
system which must then be built in conformance with Bulletin "A" or
local ordinance. lineal feet of subsurface leaching line with
room for 100% expansion and a gallon capacity tank will be
required.
Existing septic tank(s) must be pumped and backfilled in accordance
with Environmental Health standards. A bond in the amount of $
should be posted with to ensure completion of
work. Contact the district Sanitarian for final inspection upon
completion.
Domestic water shall be supplied by an approved water system or by
individual well(s) installed to Environmental
Domestic water shall be supplied by
in the amount
Seal well in accordance with county
of $ should be posted with
to ensure completion of work.
Provide water agreement for existing well.
Submit revised plot plan to scale (1" = 20') showing house, driveway,
appurtenant structures and required drain field to ~~Dtour.
Leach lines must be at least 50 feet from any swale or from any cut
bank over 3 feet and must be at least 100 feet from any existing or
proposed wells.
Additional Comments
Conditioned by:
Approved by:
is ric anitarian
2220 Moorpark Avenue
San Jose, CA 95128
279-6060
CONSTRUCTION COST ESTIMATE FOR
')),11 rl1t:1;.... - S~ ",{lev it ~"
/
Street Lighting
E1ectro1ier EA. @ 2,200.00
Conduit 5-5 L.F. @ 9.00 7t.S
Conductor, pair L.F. @ 3.00
Pu 11 Box EA. @ 250 .00 251!:>
Storm Drainage
12" Or 15" RCP L.F. @ 35.00
1B" or 21" RCP if L.F. @ 40.00 ] 4CD
Street Inlet EA. @ 1,000.00
Manhole EA. @ 1,200.00 J "2.00
Break and Enter Manhole EA. @ 500.00
Surface Construction
Clearing and Grubbing
Sawcut Concrete
Concrete Removal
Curb and Gutter Removal
Inlot Drain with Pipe
Curb and Gutter
Sidewalk
Driveway Approach
Handicap Ramp
Barricade
A.C. Pavement inc. Excavation
Adjust Manhole to Grade
Adjust Handhole to Grade
Monument Box w Monument
Street Tree (15 gallon)
Pavement Striping
Pavement Legends
Stop, Street Name or Other Sign
Pavement Markers
Revised 11-04-80
Lump Sum
L.F. @ $ 3.50
S.F. @ 2.50
L. F. @ 8.00
EA. @ 400.00
f>$1 L.F. @ 10.00
1~1 S.F. @ 4.00
340 S.F. @ 6.00
EA. @ 600.00
"2.0 L.F. @ 20.00
( I S"J 8" S.F.) ($0.30) (~")
EA. @ 300.00
EA. @ 200.00
EA. @ 300.00
EA. @ 100.00
L.F. @ 0.50
EA. @ 50.00
EA. @ 70.00
EA. @ 6.00
TOTAL ESTIMATE
USE FOR BONO
Date "3- /1-- YI
By
J p
= $
~5'0
I t!> 2. 55
2040
4L:lt:>
:2.. 7~Y
JCO
$ J L ~t' /
$ J"Je>bC
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CITY OF CAMPBE LL.
MEMORANDUM
To:
ARTHUR A. KEE
Planning Director
Date: .J ~ Ii lJ a r (' 2... ~" I ~ 8"
From: JOSEPH ELL IOTT
Director of Public Works
Subject: Tentative Subdivision Map .
lands of JCt""""~s A. 'E;III01""It.....
- - - _ _ _ ~p~ A I 1 - 2..!) - '6' I
-------------------------
The fOllowing conditions of approval are recommended concerning the subject tentative
subdivision map submitted by Me.\vih K. \-t; \\) \ru:..
Installation of a sanitary sewerage system to serve all lots within the sub-
division in conformance with the proposed plans of the County of Santa Clara
Sanitation District No.4. Sanitary sewerage service to be provided by said
-1-. District No.4.
Installation of a water distribution system to serve all lots within the sub-
division in conformance with the plans of the S:t\'\ JD.s~ \.--/~t~... W4l1"'6 .
Water service to be provided by said water company. Fire hydrants and appurte-
nances shall be provided and installed at the locations specified by the
Fire Chief, Fire Department, City of Campbell. Fire hydrant maintenance
J... fees shall be paid to City at the rate of $195 per fire hydrant.
Subdivider shall create or provide any public service easement and any other
public utility and/or public service easements as may be necessary for the
~. installation of any and all public utilities and/or facilities.
Compliance with the provisions of Title 20, Subdivisions of the Campbell
~. Municipal Code.
~. Subdivider to pay Storm Drainage Area Fee.
,. Subdivider to furnish copy of Preliminary Title Report.
Subdivider shall (install street improvements and post surety to guaranty
the work) (C)(ce:tlt~ 111. ag~e8meRt IRQ P;&t 3~.~t.Y tv III:>tall :>tl~~t illl",.3.E
-=:L. M9Rti;R tRQ f~hl~e aAB 8!ree 'tie jeiA a laeel 1J.11S16.EM:I,t 8:.ltl l,t).
Dedicate additional right-of-way to widen ~lQV
"30 feet from centerline. ,..
A v t '" 0,) .c.
to
~.
~.
C.C.&R. IS to be approved by City Engineer to insure provisions for maintenance
of buildings and common area.
Provide a grading and drainage plan for the review and approval of the City
Engineer.
10.
By: BILL M. HElMS
Engineering Manao@r
. ("
CITY OF CAMPBEll
75 NORTH CENTRAL AVENUE
C AMP BEL L, C A L I FOR N I A 9 5 0 0 8
(408) 378-8141
RECEIVED
DEe 3 1 1980
my MANAr.FR'~ OFflr.F
Pub 1 i c Works
Department:
City Manager
Gentlemen:
SUBJECT: Tentative Subdivision Map of: James A. Billmaier
APN 413-25-81
The enclosed Tentative Subdivision Map has been filed with the
City Engineer for approval. A copy is being sent to you for the
purpose of obtaining any comments or suggestions you may have
with respect to it.
If your comments or suggestions are not received prior to
January 23 , 19J[l, it will be assumed that no comments
are forthcoming.
Very truly yours,
JOSEPH ELLIOTT
DIRECTOR OF PUBLIC WORKS
'J'J I~~ I~~
~ t)' ~ James Penoyer P
\' \ Engineering Technician
JP:tp
Enclosure
r
RECEIVEI)
CITY OF CAMPBEll
75 NORTH CENTRAL AVENUE
C AMP BEL L, C A L I FOR N I A 9 5 0 0 8
(408) 378-8141
JAN 1 d81
PUBLiC WORKS
~NG\NEERIN'G
D t Public Works
r ment:
Fire Department
Gentlemen:
SUBJECT: Tentative Subdivision Map of: James A. Billmaier
APN 413-25-81
The enclosed Tentative Subdivision Map has been filed with the
City Engineer for approval. A copy is being sent to you for the
purpose of obtaining any comments or suggestions you may have
with respect to it.
If your comments or suggestions are not received prior to
January 23 , 19 81 , it will be assumed that no comments
are forthcoming. ---
Very truly yours,
JOSEPH ELLIOTT
DIRECTOR OF PUBLIC WORKS
!~, I'~~
by James Penoyer U
Engineering Technician
JP:tp
W ffi'.ffJ rg u. ~..lZ 17D'~1'\1
L:t b d I (.,.. illJ
T ,gR8
, ~ ," ~-':LL fl~IlJIll1RTMf".T. "",
IL~'.~ l:V~~v--<U1X ~~
· -fl-> 17 // /J '1l. /! ~ .'+-- /9 C- ~
~i/f/bUL/~~t:K u ~~t _ / / v -- -e-e-,
Enclosure
OUT
X
/
TENTATIVE MAP CHECK SHEET
Health Dept., 2220 Moorpark Avenue, San Jose 95l28--Lee E. Esquibel
Environmental Management Agency
Planning Department, 70 West Hedding Street, San Jose 95110
Transportation Agency--Mr. Bob Van Etten
1555 Berger Drive, San Jose 95112
X Sanitation District No.4, 100 E. Sunnyoaks Avenue, Campbell 95008
X United States Post Office--Mr. Edwin E. Lassegard, Postmaster
Campbell 95008
(2) Santa Clara Valley Water District
5750 Almaden Expressway, San Jose 95118
Campbell Union School District, 155 N. Third Street, Campbell 95008
Cambrian Elementary School District, 4115 Jacksol Dr., San Jose, 95124
x
.
x
x
)(
x
Moreland School District, 4710 West Campbell Avenue, San Jose, 95130
(2) PG&E, 10900 North Blaney Avenue, Cupertino 95014
(2) PG&E, 111 Almaden Boulevard, San Jose 95198
(2) PT&T, 1333 Lawrence Expressway, Bldg. 300, Santa Clara 9505}-
Ms. Arruiza
San Jose Water Works, P.O. Box 229, San Jose 95196
Department of Transportation, P. O. Box 3366, Rincon Annex, SF 94119
Ci ty Manager
X (2) Fire Department
COMMENTS DUE IN PLANNING DEPARTMENT:
PLANNING COMMISSION MEETING DATE:
x
X
X
X
Police Department
Building Department
Planning Department (add note re: meeting date)
Engineering Division (attach route slip)
jC\ \,,\
F~b
""2.3 / 14 ~(
"3 I cr 8"/
I
IssuJd with Policy No. ........':i~t'
( ,-
/
-I- 2 U't"-V
-+-
,., ,;' '"
POLICY OF TITLE INSURANCE
Hi Issued By
l!.~
II COMMONWEALTH LAND
TITLE INSURANCE COMPANY
" '
(a stock company I
Philadelphia, Pennsylvania
POLlCY NUMBER
SCHEDULE A
603-218323
Amount of Insurance: $ 145,000.00
File No. 402 6 9'L--~---
Charge: $ 416.00 STR
Date of Policy: 9th day of January, 1980 at 8:00 A.M.
I. Name of Insured:
JAMES A. BILLMAIER and MICHELLE G BILLMAIER,
2. The estate or interest in the land described herein and which is covered by this policy is
a fee and is at Date of Policy vested in:
JAMES A. BILLMAIER and MICHELLE G BILLMAIER,
husband and wife as joint tenants
,
3. The land referred to in this policy is situated in the State of Cal i forn ia
Santa Clara, Ci ty of Campbelland described as follows:
County of
SEE ATTACHED SCHEDULE C
Countersigned:
~
c::::::> C"<~
o
r, ....--'
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:j- t:.::: >?-. .. .7 :.
-
Authorized Officer or Agent
CLTA Standard Coverage Policy Form - 1973
Schedule A
COMMONWEALTH LAND TITLE INSURANCE COMPANY
CLTA STANDARD COVERAGE TITLE INSURANCE POLICY - 1973
SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF, COMMONWEALTH LAND TITLE
INSURANCE COMPANY, a Pennsylvania corporation, herein called the Company, insures the insured, as of Date of Policy
mown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attor-
neys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by said insured
by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on such title;
3. Unmarketability of such title; or
4. Any lack of the ordinary right of an abutting owner for access to at least one physically open street or highway if the
land, in fact, abuts upon one or more such streets or highways;
and in addition, as to an insured lender only:
5. Invalidity of the lien of the insured mortgage upon said estate or interest except to the extent that such invalidity, or
claim then:of, arises out of the transaction evidenced by the insured mortgage and is based upon
a. uswy, or
b. any consumer credit protection or truth in lending law;
6. Priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the
order of its priority; or
7. Invalidity of any assignment of the insured mortgage, provided such assignment is shown in Schedule B.
IN WITNESS WHEREOF: the Commonwealth Land Title Insurance Company has caused its corporate name and seal to be
hereunto affIxed by its duly authorized officers, the Policy to become valid when countersigned on Schedule A by an
authorized officer or agent of the Company.
COMMONWEALm LAND TITLE INSURANCE COMPANY
....'!j 11f If! t,
,'i- ,.~UII _~~ -'~
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- ~
-
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By
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Presid en t
8-1031-1
FILE NUMBER
402697
POLICY NUMBER 603-218323
SCHEDULE B
This policy does not insure against loss or damage, nor against costs. attorneys' fees or expenses, any or all of which anse by
reason of the following:
PART I
I, Taxes or assessments which are not shown as existing liens by the records of any taxIng authonty 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.
S. (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.
6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in
Schedule A, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall
modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or
highway is insured by this policy.
7. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or
regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location
of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the
dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation.
8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in
the public records.
9. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured
claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured
claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or
acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such
insured claimant became an insured hereunder; (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 been a purchaser or encumbrancer for value without knowledge.
PART II
1. Taxes, bonds and/or assessments (see Exhibit I attached).
2. An easement affecting the portion of said land and for
the purposes stat7d herein, and incidental purposes, as
contained in the 1nstrument
From
To San Jose Water Works, a corporation
for pipe lines
Recorded August 21, 1935 in Book 741, Page 165,
Official Records
Affects the Northerly 20 feet of premises
Reference is hereby made to the record thereof for further
particulars.
3. An easement affecting the portion of said land and
the purposes stated herein, and incidental purposes, as
contained in the instrument
From
To
For
Recorded
for
Affects
Pacific Gas and Electric
single line of poles and
October 18, 1935 in Book
Official Records
the Northerly 20 feet of premises
Company, a corporation
wire s
745, Page 339,
.
.
(continued on next page)
CLTA Standard Coverage Policy Form - 1973
Schedule B
Form 1031-2
ORIGINAL
CONDmONS AND STIPULATIONS
1. DEFINITION OF TERMS
The following terms when used in this pOlICy mean:
(a) "insured". the insured named in Schedule A. and. subject to any
nghts or defenses the Company may have had against the named insured.
those who succeed to the interest of such insured by operation of law as
distinguished from purchase induding. but not limited 10. heirs. dis-
tributees. devisees. survivors, personal representatIves. next of km. or
corporate or fiduciary succe~rs. The term "insured" also includes i i) the
ownet ,)1' the mdebtedness ,e"ured by the insured mortgage .10:1 each
successor in ownership of such indebtedness (reservmg. however, all nghts
and de tenses as to any su"h successor who acquues the indebtedn.:ss by
<'peratlOn of law as descnbed in the first sentence of thiS subpara~aph ta)
that the Cllmpany would have had a~amst the successor', transferor!. and
lurther mcludes (II) ,lilY governmental agency or Instrumentality whICh IS
an Insurer or guarantor under an msurance contract or guaranty msurmg or
guaranteemg s.lId indebtedness, or any part thereof. whether named as an
Insured herem or not. and I Ii!) the parlles deSignated m paragraph 2(aJ 01
these CondlllOns and Supulallons.
ib) "msured claImant'" an msured claimIng loss or damage hereunder.
Ie) "Insured lender": the owner of an insured mortgage.
Id) "insured mortgage": a mortgage shown in S"hedule B. the owner
of which is named as an insured in Schedule A.
(e) "knowledge": actual knowledge. not constructive knowledge ~r
notice which may be imputed to an insured by reason of any public
records.
(0 "land": the land described, specifically or by reference in Schedule
A, and improvements affixed thereto which by law constitute real
property; provided, however, the term "land" does not include any area
excluded by Paragraph No.6 of Part I of Schedule B of this Policy.
(g) "mortgage": mortgage. deed of trust, trust deed, or other security
instrument.
(h) "public records": those records which by law impart constructive
notice of matters relating to the land.
2. (al CONTINUATION OF INSURANCE AFTER ACQUISITION OF
TITLE BY INSURED LENDER
If this policy insures the owner of the indebtedness secured by the
insured mortgage, this policy shall continue in force as of Date of Policy in
favor of such insured who acquires all or any part of the estate or interest
in the land described in Schedule A by foreclosure, trustee's sale,
conveyance in lieu of foreclosure, or other legal manner which discharges
the lien of the in~ted mortgage, and if such insured is a corporation, its
transferee of the estate or interest so acquired, provided the transferee is
the parent or whony owned subsidiary of such insured; and in favor of any
governmental agency or instrumentality which acquires all or any part of
the estate or interest pursuant to a contract of insurance or guaranty
insuring or guaranteeing the indebtedness secured by the insured mo~gage.
After any such acquisition the amount of insurance hereunder, exclUSIVe of
costs, attorneys' fees and expenses which the Company may be obligated
to pay, shall not exceed the least of:
(i) the amount of insurance stated in Schedule A;
(ii) the amount of the unpaid principal of the indebtedness plus
interest thereon, as determined under paragraph 6(a)(iii) hereof, expenses
of foreclosure and amounts advanced to protect the lien of the insured
mortgage and secured by said insured mortgage at the time of acquisition
of such estate or interest in the land; or
(iii) the amount paid by any governmental agency or instru.
mentality. if such agency or instrumentality is the insured claimant, in
acquisition of such estate or interest in satisfaction of its insurance
contract or guaranty.
(bICONTINUATION OF INSURANCE AFTER CONVEYANCE OF
TITLE
The coverage of this policy shall continue in force as of Date of Policy,
in favor of an insured so long as such insured retains an estate or interest in
the land. or owns an indebtedness secured by a purchase money mortgage
given by a purchaser from such insured. or so long as such insured shall
have liability by reason of covenants of warranty made by such Insured In
any transter or cony of such ~state or t~ terest. pro\' Ided. h,'wever.
this policy shall not CL." .e In force in fa,or ~.f any purchaser lrom such
insured of eIther saId estate vr interest or the mdebtedness secured by a
purchase money mortgage given to such Insured.
3. DEFENSE AND PROSECUTION OF ACTIONS - NOTICE OF
CLAIM TO BE GIVEN BY AN INSURED CLAIMANT
(~J The ('omp~ny. ~t ItS own ,'ost lnd '.l.lthout undue delJ\, \tuB
pro"lde for the defense ell an m,ured In ;ltl~~L n III the e.\t~lIt ttlJt .u,I,
IItleatlon mVlltves ~n ~lle!!ed detect, her.. ell> ~lllbr~nce or other 1l1~IICl
lD,ured agaInst hy thiS puhcy.
Ibl 1 he Insured sh~ll notlfv tht' '<';~Dan - ;1r"n'Ptlv In wrtllTl~ III III
lase 01 any hll~atleln as ,et lorlh In 1.11 "" 'V~ II m '.~Sl' ~nll\vkd~l' ,lull
conll;- to .In In'iured hereunder II! ,111\ ,._:m tltk ,If IIltL'rC'it v..tlldl l'i
adverse to the ttlle tll the esl~lt' Of Ir.~,:e" : 'hl' IIl'n ,J! lill' ITl,ureJ
mortgage. ~s msured, and which fl1lglt! ,c. e I d Jam,l~l' lor "Illlh Ihl'
Cumpany may be II~ble by virtue ,,1' Illl' :. Ill" r Itlll It title tll thl' l.,t,Jle
or mterest or the lien of the msured 1-:-, ':~a_, as Insurcd, IS rCjt'ctl'd a,
unmarketable. If such prompt nllllce ,h"__ nl)' . e':l\~n to the Clrnp~ny,
then as to such msured all liablht' ~he c"npany ,hall ceast' ,lnd
term mate in regard to the mattcr or nUl',:, h_' ~ hlCh such prompt notllc
IS required; provided, however, thai ~"_.:~ nulllY ,hall In nu c~se
prejudice the rights of any such I",ur~": ur. ~:'I th" polIcy unless the
Company shall be prejudiced by such t.1Ii'-:: lne 'hen ,_'nly 10 the extent III
such prejudice.
(c) The Company shall have the Tlf".: it I' Jwn cost to institute ~nd
without undue delay prosecute any J'::::' 0, :oroceeding or to do any
other act which in its opinion may be :,:o:~ssa_-, or destrable to establish
the title to the estate or interest or the ~en the msured mortgage. as
insured; and the Company may take ar." lppr ~'::>r1ate action, whether or
not it shall be liable under the terms l,f ::~.i pc 'J:y, and shall not thereby
concede liability or waive any provision ,-': :"11S ;:t:LlCY.
(d) Whenever the Company shaL:ave :orought any action or
interposed a defense as required or re:-=:ted :y the provisions of this
policy, the Company may pursue any SU~: itiga::Jon to final determination
by a court of competent jurisdiction an.: '::'tpreS!ii:\' reserves the right, in its
sole discretion, to appeal from any adv= .ldg:m~nt or order.
(e) In all cases where this policy re-=ns or ~equires the Company to
prosecute or provide for the defense :--: lny a.::tion or proceeding, the
insured hereunder shall secure to the C-';:::~ny -:ne right to so prosecute or
provide defense in such action or prol~=g. lilId all appeals therein, and
permit the Company to use. at its orD'-"'- the name of such insured for
such purpose. Whenever requested by 1M :.Jmpamy. such insured shall give
the Company, at the Company's expen.<le. ill rea~:mable aid (l) in any such
action or proceeding in effecting settl=t. SC''::llring evidence. obtaining
witnesses, or prosecuting or defending so.;:,. act:t:Jn or proceeding, and (2)
in any other act which in the opinion of:=': COITI1:Jany may be necessary or
desirable to establish the title to the ~:l:e or mterest or the lien of the
insured mortgage, as insured, incJuw-f ,ut .n:!t limited to executing
corrective or other documents.
4. PROOF OF LOSS OR DAMAGE - LMIT A TION OF ACTION
In addition to the notices requ~ lnde!' Paragraph 3(b) of these
Conditions and Stipulations, a proof l'l :~ or ::amage. signed and sworn
to by the insured claimant shall be furr.:J,.'1ed '.: the Company wlthrn 90
days after the insured claimant shall a,,~~.lm or determine the facts. giving
rise to such loss or damage. Such proof ,,; :JSS or damage shall descnbe the
defect in or lien or encumbrance on :~ title. or other matter rnsured
against by this policy which constitu te; :"-.e ba::ill of loss or damage. and.
when appropriate, state the basis of c.li'::.:...l:mg ':.,e amount of such loss or
damage.
Should such proof of loss or darn.J~e :'w : state I~cts sufficient to
enable the Company to determine its lur~:y h~...eunder. insured claimant,
at the written request of Compan\, ':lall : urmsh such additional
information as may reasonably be nel'e;~:, to - ~kc ,uch determma lIOn.
No right of action shall accrue IL' m,_:ed .":'lmjnt until 30 days alter
such proof of loss or damage shall have t-c~~ fllr::--'shed.
Failure to furnish such proof 01 ["s; )r ,L.:nage shall termina te ~ny
liability of the Company under this poll.:y i' to ..~ch loss or damage.
Conditions and Stipulations Continued Inside Cover
402697
PO LlCY NUMBER
603-218323
FILE NUMBER
SCHEDULE B - CONTINUED
Reference is hereby made to the record thereof for further
particulars.
4. An easement affecting the portion of said land and
the purposes stated herein, and incidental purposes, as
contained in the instrument
From Frank N. Calabray and Gladys L. Calabray
To
For
Recorded
for
Affects
ingress and egress
September 26, 1944 ln Book 1220, Page 294,
Official Records
the Northerly 20 feet of premises
Reference is hereby made to the record thereof for further
particulars.
5. Future Street Line 10 feet Southerly of the Southerly line
of Shelley Avenue as shown on Record of Survey filed January
25, 1956 in Book 65 of Maps, page 53.
6. A
stated
Dated
Amount
Trustor
Deed of Trust to secure an indebtedness of the amount
herein
.
.
September 25, 1978
$60,000.00
Frank N. Calabray, Jr. and Rosaline M. Calabray,
who are married to each other
Continental Auxiliary Company, a California corporation
Bank of America National Trust and Savings Association,
a national banking association
October 3, 1978 in Book D 996, Page 416,
Official Records
6157105
Trustee
Beneficiary :
Recorded
Instrument
Number
Branch
Loan No.
P.O. Box 488, Los Gatos, CA 95030
CLTA Standard Cover:u!e Policy Form - 1973
Schedule B - Continued
Form 1031-4
ORIGINAL
C
ESCROW NO. 402697
SCHEDULE C
The land referred to herein is descrlbpcl dS tallows:
All that certain property Sltudte In th~ City of Cd~pbell,
County at Santa Clara, State of CalLturnld, d~scrl~ed d!i
tallows:
PARCEL ONE:
BEGINNING at a 3/4 Inch iron bar in the center line at il
qO foot right of way, d1stant thereon South 890 361 ~est
341.76 feet from an iron pipe in the center line of Shelley
Avenue and in the line between that certain 12 ~cre parcel
of land conveyed by H. I. Swansan to Arnold B. Jamison, et
aI, by Deed dated January 13, 1930 and recorded January
16, 1930 in Book 499 of Official Records, page 209, Santa
Clara county Records, and Tract No. 23, Shelley Subdivision,
filed for record February 16, 1932 in Book "Y" of Maps,
page 54 and 55, Santa Clara county RecordS; thence along
said center lin2 of the 40 foot right ot way, South 890
36- West 35.U4 feet; thence leaving said center line and
running South 00 30' East 261.89 feet to a point on the
southerly line of said 12 acre parcel of land; thence alon~
sa1d Southerly line N. 390 361 East 85.44 feet to an iron
pipe; thence North 00 30' 261.89 feet to the Point of
Be9innin9, and being a part of said 12 acre parcel of land,
situated in section 2, Township 8 South, Range 1 West,
M.D.B. & M.
PARCEL TWO:
A right of way for ingress dnd egress over a road 40 feet
wide, the center line of which is descr1bed as follows:
B~GINNING at the Westerly term1nus of the center line of
Shelley Avenue; running thence South 890 361 West 683.52
feet to the center line of ~hite Oak ~oad.
EXCEPTING TiEREFROM that portion thereof lncludea within
parcel One above described.
(Arb No. 413-25-081)
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CII.Y OF CAMPBEll
75 NORTH CENTRAL AVENUE
C AMP BEL L, C A L I FOR N I A 9 5 0 0 8
(4081 378-8141
Department:
Planning
Date:
June 5, 1980
CONDITIONS ATTACHED TO "S" APPROVAL OF PLANS OF Mr. James A. Billmaier
, FOR CONSTRUCTION OF 4 condominium units
TO BE LOCATED AT 60 Shelley Avenue,
Campbell. CA 95008
CONDITIONS:
As per attached list:
Section 21.42.090 of the Campbell Municipal Code reads as follows:
Any approval granted under this section shall expire one year after the
date upon which such approval was granted, unless an extension for such
approval is obtained by making written application for same to the
Planning Commission at least fifteen (15) days prior to the expiration
date of such approval.
No building permit shall be issued after the expiration date of any
approval until a new approval has been obtained in the manner provided
for in this Chapter.
GRANTED BY THE CITY OF CAMPBELL PLANNING COMMISSION AT A REGULAR MEETING
HELD ON THE 3rd DAY OF June , 1980
CITY OF CAMPBELL PLANNING COMMISSION
BY:
d. /!f. ~
ARTHUR A. KEE, SECRETARY
ld
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CONDITIONS OF ^?r~OVAL - S 80-12
Application of: J. Billmaier
Page \
NjA*
Revised elevations to be approved by the Planning Director
upon recommendation of the Architectural Advisor.
Property to be fenced and landscaped as Indicated and/or
added in red on plans.
2 landscaping plan Indicating type and size of plant material.
and location of hose bibs or sprinkler system to be submitted
for approval of the Planning Director prior to application
for building permit.
3
rencing plan indicating location and design details of fencing
to be submitted for approval of Planning Director prior to
appl ication for building permit.
4 Landscaping and fencing shall be maIntained in accordance with
the approved plan.
5 Applicant to either (I) post a faithful performance bond in
the amount of $ 3,000 to insure landscaping. fencing. and
striping of parking areas within three months of completion
of construction. or (2) file written agreement to complete
landscaping. fencing and striping of parking areas prior to
final Building Department clearance.
N/A*
Applicant to
limiting the
office use.
use. and
submit a letter. satisfactory to the City Attorney
use of the property to: square feet of
square feet of speculatl~e industrial
square feet of warehouse use.
6 All mechanical equipment located on roofs to be screened as
approved by the Planning Director.
*N/A · Not applicable to this application.
CONDITIONS OF APPROVAL - S 80-12
Application of: Billmaier, J.
Page 2
The applicant (s notified as part of this appl ication that he/she Is required
to meet the following conditions In accordance with Ordinances of the City of
Campbell and Laws of the State of California.
A All parking and driveway areas to be developed In compliance
with Section 21.50 of the Campbell Municipal Code. All
parking spaces to be provided with appropriate concrete curbs
or bumper guards.
B Underground utll ities to be provided as required by Section
20.16.070 of the Campbell Municipal Code.
C Plans submitted to the Building Department for plan check shal I
Indicate clearly the location of all connections for underground
utilities Including water, sewer, electric, telephone and
television cables, etc.
o Sign application to be submitted in accordance with provisions
of the sign ordinance for all signs. No sign to be Installed
untii application is approved and permit Issued by the Building
Department. (Section 21.68.030 of the Campbell Municipal Code.)
E Ordinance No. 782 of the Campbell Municipal Code stipulates that
any contract for the collection and disposal of refuse, garbage.
wet garbage 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 dwellings, multiple
apartment units, to all commercial, business, industrial,
manufacturing, and construction establishments.
F Trash container{s) of a size and quantity necessary to serve the
development shall be located in area(s) approved by the Fire
Department. Unless otherwise noted, enclosure(s) shall consIst
of a concrete floor surrounded by a solid wall or fence and
have self-closing doors of a size spectfled by the Fire Department.
All enclosures to be constructed at grade level.
G Applicant shall comply wtth all appropriate State and City require-
ments for the handicapped.
H Noise levels for the Interior of resident tal unIts shill comply
with minimum State (Title 25) and local standards as IndIcated
In the Noise Element of the Campbell General Plan.
(
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CONDITIONS OF APPROVAL - S 80-12
Ap p 1 I c.a t I on 0 f : 8 i 11 ma i e r, J.
Page 3
FIRE DEPARTMENT
I. Install one street style fire hydrant at rear of 21 foot driveway.
J. Provide "2A-10BC" fire extinguishers.
K. Provide location of trash enclosure on building plans.
PUBLIC WORKS DEPARTMENT
L. Process and file a tract map.
M. Provide a copy of the preliminary title report.
N. Pay the storm drainage area fee of $348.
O. Enter into an agreement and post surety to construct street
improvements and agree to participate in a local improvement
district in the future.
P. Obtain an excavation permit for any work in the public right of way.
The applicant Is notified that he/she shall comply with .11 .ppllcable
Codes or Ordinances of the City of Campbell which pertaIn to this
development and are not herein spec.lfled.
MEETING DATE
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AP RI L It-CP e;PtJiY
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APPLICANT B I LLMA lEI< PLANNING NO.
ADDRESS ~O SHE LLE'(' AVE A.P.N.
TYPE OF DEV. 3 co NODS. P:.EH I N D
€XI~-r: UNIT"
RECOMMENDED CONDITIONS
S 80-1"2..
4-1:3- 2S- 8 I
X Provide copy of Preliminary Title Report
,o.p.~'"--r={iO~C::'-~
ma p. r~:.-.".
" ~~l~~~
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Xrrocess and file a TRAG,
-Xpay Storm Dra i nage Area Fee if 34- B
KDedicate right of way -ro
30' F~oM
t
fiJtef' iRto agreGltlil1t ir::lQ pOit il.lrety to ceRstl~uct strect ilR13ro\'imeFlts aAa l'a~
. phn PVrim. iRe! CORbt. iRijJiction fee flm~
~Enter into an agreement and post surety to construct street improvements and
participate in a local improvement district in the future
Provide gradir::lg ar::ld clrainagc plaA
~Obtain excavation permit and post surety
Scgregate aSSeSimir::lts
..t.I-R
Rpfpr te TI a ffi e
NOTE. BuildiFlg eccupaFlCY will Rot be illo'lJcd until publie iIIlP,Ovt:lllt:lIL::; c1Je-ins~
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