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1270 Burrows Road (95-12) 0\ . CAI11 ::......~ .1)<1> !:::: ;~.f~I'k (<' u ~"':.,. .?,:5.~. r ~~~.r. ~ ~,)?1<i"" "'lit ~"'t~~~. . ';'Ir~.j~ ......~:. . ~... .)... -> '- .('. (.,' o . RCH ARQ CITY OF CAMPBELL Public Works Department Date: December 3, 2001 TRANSMITTAL FROM THE PUBLIC WORKS DEPARTMENT TO: Danis and Mary yadegarmooshiabadi 1270 Burrows Road campbell, CA 95008 FROM: Marlene pomeroy, Department secretary SUBJECT: 1270 BurrowS Road We are fOlWarding the following: Copy of recorded Notice of Release concerning previously recorded Deferred street Improvement Agreement. Remarks: ?2,0 . / /!L,tf'r;'iuY /!2_?/ju!~':' / ./ . // ../ -,. J :\FORMS\CETRANS( EXC EL) TEL 408.866.:'.150 E.\\ 408376.0958 fill) 408866.:'.790 70 North First Street C;:\mpbel1. C;:\!iforni;:\ 95008-1436 :0 Be l?eCOf?D~O vnr:_~OUT Ft! Sf: ION .510~ GOVl'::R!.li\'.1Et'JT CODe QILJ"'.... -" -/:-... DF r Atf..Paf!U ATT;:::F2 C~I j. '_, ,_ '-0 Recording Requested By: City of Campbell DOCUMENT: 15910353 Titles : / Pages 2 ) 11'"fll"J'U~"" Fees . No Fees ) Taxes ) Cop I es ___ ) 9i8(115'910353.:o: AMT PAID ) ) BRENDA DAVIS Ref: I:t 01 1/0; 5 ) SANTA CLARA COUNTy RECORDER '0//5/260/ ) Recorded at the request of 828 At-': ) CI ty ) And When Recorded Return To: City Clerk City of Campbell 70 N. First Street Campbell. CA 95008 NOTICE OF RELEASE By CITY OF CAMPBELL (Space Above This Line Foe Recoedee's Use OOly) That, wheeeos, said cond;,ions of said Ageeemen, en'eeed in,o by Gee"a", I. Smi'h and Danis and Maev Yade"annooshiabadi as sncee"o", have been met '0 'he Satistilction o['he Ci'y That, wheeeos,said Peopeny 'cans/heed '0 Danis and Maey YadegannoosIliabadi On July 7, 1998, and 'be eequicemen" of , he Delerred Steee, Impeovement Ageeement passed to 'he SUCcessa"" said Danis and ivTary Yadegarmooshiabadi. That, wheeeas, ~, enteeed into a De/erred S'eeet lmpeovement Ageeement W;,h the City of Campbell, eecaeded Decembee 8, 1997, Doc",n'''U12~, in 'hc Office of the COuntv Recoedee, County of Santa C1aca, State ofCalilomia. NOTICE IS HEREBY GIVEN conCeening the eeaI Peopen}' daseeibed in deed eeeoeded July 7. 1998, and filed in BOok 641 of Official Recoeds at page 36 in the offiec of the County Reeoedee. COUnt, of Santa Claea, Sta" ofCalifoenia, which Peopeny is commonly kno"n as 1270 Bueeows Road. IN WITNESS WHEREOF, said City has caused its name to be affiXed by ;'s Public Woeks Dicectoe and City Cleek. who ace dUly aU'ho,;zed by Oedin.nce /95/ adoP'ed Septembee 2, /997. Tha" Now Theee!oce, GREGORY I. SMITH and DANIS MiD MARY I' ADEGARlvIOOSHIABADI, AS SUCCESSORS, ace heeeby edeased feom all cequiceme",s COntained in tbe a oeeement eecoeded Decem bee 8, 1997. Documen t 1396827 5. in said C ou n ty ReeDed,,' S Office. .::- --i A TTEST:'-- / /) C~~<'- Anne BYbee. City Clerk (Attach Notary ACknOWledgment) h 'pmjo""",02p/'30''''.,, / 27Db.."",,, "miooor "eI'"~1 mp / STATE OF CALIFOR.\1IA CbUNTy OF SANTA CLARA On October 4, 2001 - before me, Marlene K. Pomeroy personally appeared _ Robert Kass (Notary Public) personally known to me (or Pmved to me On rite basis of satisJactory ovide"",,) to be rite Fers<>n(s) woo" !lame( s) Ware SUbscnbed to rite within instrument and ackoowledged to me that beJsbeJrltey e><CUred rite same in hisinerldJeir authorized ""Pacity(j"i and that by mSlber;riteir si~S) on rite instnnn.nt, tbe persor.(s), Or rite entity Upon behali of which the person( s) acted, ~'0Cnted tlte instrument. ----- WITNEss my hand and official seal. ~~ (;)lgIlature 0 ~. ~VH'-) .... ~ - ~---~"1f-c.'1 MARLENE ,I( POAl.Ei(CY Commission it 121 B428 Notary PUblic - CC!jfcxniQ j Santa Cfo'U County _ My Com;n. G;:-h::s \'cy 6. Z:03 _ Notice of Release 1270 Burrows Road (This area for notarial seal) 0f'CI\~ . h .... <f> " ~ ... t'"' ~ r- - ->~ '- <c' r-lkCH;\R'V CITY OF CAM.PBELL Public Works Department May 18, 2000 Danis and Mary Yadegarmooshiabadi 1270 Burrows Road Campbell, CA 95008 Re: Deferred Street Improvement Agreement - 1270 Burrows Road Burrows Road/San Tomas Aquino Road Reconstruction Project 98-02 Phase II-C Dear Mr. & Mrs. Yadegarmooshiabadi: In October of 1997, your property at 1270 Burrows Road was substantially redeveloped. The property owner at that time entered into a Deferred Street Improvement Agreement with the City of Campbell, which obligated you, a future property owner, to install City standard street improvements across the frontage of 1270 Burrows Road at such time as called upon to do so by the City Engineer. Please consider this letter as your call to fulfill this obligation. As you know, the Burrows Road/San Tomas Aquino Road Reconstruction Project will begin construction this summer. The City has received bids from contractors to complete this work and will consider awarding a contract for the construction of the project to the lowest bidder at the June 6, 2000 regularly scheduled City Council meeting. To fulfill your obligation as described in the Deferred Street Improvement Agreement, the City will accept reimbursement for the actual cost of installation of the curb, gutter, sidewalk and driveway improvements installed by the City's contractor. At this point, the estimated sum for these improvements is as follows: Description Quantity Price Curb and Gutter 16 L.F. $ 384.00 Sidewalk 17 S.F. $ 91. 80 Driveway Approach 84 S.F. $ 642.60 $ 1,118.40 Upon completion of the project, the City will invoice you for the total amount of the improvements installed, as estimated above. 70 North First Street. Campbell, California 95008-1423 . TEL 408.866.2150 . FAX 408.376.0958 . TDD 408.866..2790 Danis & Mary Yadegarmooshiabadi May 18, 2000 Page 2 Please give me a call at 866-2159 should you have any questions regarding this matter. If you have any questions regarding the project, please contact me, or Derek Gade, the City's Project Manager for the Burrows/STAR Reconstruction Project, at 866-2156. Sincerely, 1rlukJ1Lr{? , Michelle Quinney ~ City Engineer / Cc: Bill Seligmann, City Attorney Bill Helms, Land Development Manager Land Development File -t25-l-Mumo AV8ny@ 1(),7tl ~~ Project 98-02 PH2C(11) J : \drawings\9802ph2c\burrows\communityprocess\ 1270burrows-defstrimpagr '""if"" TO B~ RECORDED W~T';(~f',-~ SECnOi'<1 6W3 GOVr::R~'~iYjL CODE. AT HIE REQtJE~;T OF OW OF C/",'P3f.l DOCUMENT: 13~275 Tit I es. I / Pages. 6 1 City of Campbell ) ) ) ) ) ) ) ) ) ) 11I111I1I11111111 Recording Requested By: . ~ee13968275~ Fees. + No Fees Taxes. Copies. AMT PAID And When Recorded Return To: BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of Ci ty RDE ** 007 12/08/1997 9.06 AM City Clerk City of Campbell 70 N. First Street Campbell, CA 95008 DEFERRED STREET IMPROVEMENT AGREEMENT THIS AG~MENT, R 97-03 (Reinstatement of S 95-12), made and entered into this ;//Af' day of 'lzdLlt./ , 19 cf1 , by and between GREGORY I. SMITH, a married man, hereinafter referred to as "Owner," and the CITY OF CAMPBELL, a municipal corporation of the County of Santa Clara, State of California, hereinafter referred to as "City. " WHEREAS, City granted conditional approval of R 97-03 (Reinstatement of S 95-12) upon that certain real property described in deed recorded April 1, 1997, and filed as Document 13657049 in the office of the County Recorder, County of Santa Clara, State of California, which property is hereinafter referred to as "said real property" and commonly known as 1270 Burrows Road; WHEREAS, compliance with the terms and conditions of this agreement are conditions to the final approval of above described application to construct a single family residence; NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE-MENTIONED APPROY AL, it is hereby agreed as follows: (1) Owner shall provide, construct and/or install at his own proper cost and expense, public street improvements within 12 months from the date when owners or their successors are notified to do so by the City Engineer. (2) All of said improvements shall be constructed and/or installed within 12 months from the date that Owners, or their successors, are notified by said City Engineer to do so; provided however, that in the computation of said twelve-month period, delays due to or caused by acts of God, viz., unusually inclement weather, major strikes, and other delay beyond the control of Owners shall be excluded. It is expressly understood and agreed to that if Owner shall fail to complete the work required by this Agreement within the said 12 month period, the City, after giving ten (10) - 1 - days written notice thereof to Owner, or his successors, may construct and/or install said improvements and recover the full cost and expense thereof from owner, or his successors. It is further expressly understood that the purpose of this agreement is to defer construction of the above-mentioned improvements until some future date more conducive to the overall needs of the City of Campbell. In keeping with this understanding, the right of the City to give any of the notices specified herein in Section (2) of this Agreement to install such improvements, or to require construction or installation of such improvements, or to install such improvements itself and recover the costs thereof shall not be barred by the passage of time or delay by the City, but shall remain open and enforceable indefmitely and forever. It is also understood that the passage of time or any delay caused by the City shall not relieve the Owners, or their successors, from performance under this Agreement, but that the Owners, and their successors, shall remain bound indefinitely and forever. Any increased construction or preparation costs caused as the result of the passage of time shall be the responsibility of the Owners, and their successors. Nothing herein shall be deemed to prohibit construction of said improvements prior to notice by the City Engineer to construct or install such improvements, provided that prior to such installation, all of the provisions of Section (3) shall be satisfied. (3) Owner, or his successors, shall cause to be prepared at his cost and expense improvement plans for the construction and/or installation of said improvements prior to such construction or installation. Said plans shall be prepared by a civil engineer registered by the State of California and submitted to the City Engineer for examination and approval. All of said improvements shall be constructed and/or installed in accordance with those plans approved by the City Engineer and shall be made under the supervision and inspection and to the satisfaction of the City Engineer. Said construction and/or installation shall be in accordance with the existing ordinances and resolutions of the City of Campbell and to all plans, specifications, standards, sizes, lines and grades approved by the City Engineer, and all State aIld County statutes applicable thereto. Upon completion and acceptance of the improvements by City, Owner, or his successors, shall provide reproducible as-built plans to the City Engineer. (4) The construction work of the improvements embraced by this Agreement shall be done in accordance with the specifications of the City of Campbell and West Valley Sanitation District, where indicated. (5) Prior to approval of the plans by the City Engineer pursuant to Section (3) of this Agreement, Owner, or his successors, shall pay to the City for examination of improvement plans, field inspection of construction of improvements and all necessary expenses incurred by City in connection with said improvements, a sum to be determined when said plans are submitted in accordance with the rules in effect at that time. -2,. (6) Owner, or his successors, shall fIle with City, prior to commencing work, surety, acceptable to City, to ensure full and faithful performance of the construction of all the aforementioned improvement work, excluding sanitary sewers and water distribution system. Said surety shall guarantee that Owner, and his successors, will correct any defects which may appear in said improvement work within one (1) year from the date of acceptance of the work by City and pay for any damage to other work resulting from the construction thereof, as well as pay the cost of all labor and materials involved. This surety shall remain in effect until one (1) year after date of fmal acceptance of said improvements by City. Said surety amount may be reduced by the City Engineer after the date of final acceptance to not less than twenty-five (25) percent of its full value. (7) Upon final release of said surety by City, the obligations of Owner, and his successors, contained in this Agreement shall be considered null and void. (8) When called upon by City to do so, Owner, or his successors, will execute a petition for the formation of any special assessment district created pursuant to any special assessment act as provided in the Streets and Highways Code of the State of California created for the purpose of constructing and/or installing any or all of said improvements. (9) Owner, or his successors, shall participate in and become a part of any special assessment district as described in paragraph (8) of this Agreement. It is expressly understood that any obligations of Owner, or his successors, contained in this Agreement that are accomplished to the satisfaction of said City Engineer by said special assessment district shall be considered null and void. (10) Owner, or his successors, shall make such deposits or fIle such bonds and enter into such agreement as required by West Valley Sanitation District to ensure the installation of a sanitary sewage system to serve said real property, and Owner, or his successors, shall fIle with City, upon execution of this Agreement, a letter from said Sanitation District stating that Owner, _or his successors, have made such deposits or fIled such bonds and entered into such agreements . (11) Owner, or his successors, shall pay to Pacific Gas and Electric Company any and all fees required for installation of underground wiring circuit to all electroliers within said real property when Owner, or his successors, is notified by either the City Engineer or the Pacific Gas and Electric Company that said fees are due and payable. Owner's, and his successors', obligations under this section shall not be relieved by delay or the passage of time, but shall remain binding indefmitely and forever. (12) Owner, or his successors, shall make such deposits or fIle such bonds and enter into such agreement as required by San Jose Water Company when called upon to do so to ensure that installation of a water distribution system to serve said real property, including fire hydrant. Owner's, and his successors', obligations under this section shall not be relieved by delay or the passage of time, but shall bind Owner and successors indefinitely and forever. - 3 - (13) Any easement and right-of-way within or without said real property necessary for the completion of the improvements shown upon aforesaid improvement plans shall be acquired by Owner, or his successors, at his own cost and expense. It is provided, however, that in the event eminent domain proceedings are required for the purpose of securing said easement and right-of-way, Owner, or his successors, shall deposit or cause to be deposited with City a sum covering the reasonable market value of the land proposed to be taken and to be included in said sum shall be a reasonable allowance for severance damages, if any. It is further provided that in addition thereto such sums as may be required for legal fees and costs, engineering and other incidental costs shall be deposited with the City. (14) Owner, or his successors, shall carry out any and all negotiations with all interested parties and shall perform or cause to be performed at his own cost and expense and to the satisfaction of the City Engineer any and all work required to abandon, remove, raise, lower, relocate and otherwise modify irrigation line or lines within the boundary of said real property . (15) To the fullest extent permitted by law, Owner, and his successors, shall indemnify, defend and hold the City of Campbell, the City of Campbell Redevelopment Agency, and its agents, employees, attorneys, officers, officials, and assignees harmless from any and all claims, damages, losses and expenses, including, but not limited to, attorneys' fees, arising out of, or resulting from any negligent or intentional act or omission (including misconduct) of said Owner, or his successors, or any subcontractor, or anyone directly or indirectly employed by him, or anyone for whose acts any of them may be liable in the course of performance of this Agreement. The Owner, and his successors, shall also indemnify, defend and hold the City of Campbell, and its agents, attorneys, employees, officers, officials, and assignees harmless against and from any and all claims, demands, liabilities, losses, lawsuits, judgments, damages, costs and expenses (including, but not limited to, attorneys' fees and court costs, whethet:. incurred at trial, appellate or administrative levels) which the City of Campbell may incur or suffer, or to which the City of Campbell may be subjected resulting from the failure of Owner, or his successors, or his agents, employees, subcontractors, or anyone performing services under him, to fulfill any of the obligations imposed under this Agreement. (16) It is acknowledged that the provisions of this Agreement constitute covenants for the improvement of the subject real property for the mutual benefit of Owner's property, commonly known as 1270 Burrows Road and the City's property, commonly described as Burrows Road where it adjoins Owner's property. These covenants shall be considered to affect rights in the above-described real properties, and shall be binding on the heirs, assigns, successors, and grantees of Owner to said real property. (17) Nothing contained herein shall be construed to transfer any unvested interests in real or personal property for purposes of the rule against perpetuities. - 4 - (18) In the event that Owner, or his successors, should breach any of the terms, conditions, or covenants of this Agreement, the City shall be entitled to recover, in addition to any other relief available in law or equity, all costs incurred in attempting to obtain enforcement of the Agreement, or compensation for such breach. These costs shall include reasonable attorneys' fees and court costs. (19) This is the entire Agreement between the parties and there are no representations, agreements, arrangements, or understandings that are not fully expressed herein. (20) This Agreement can be executed in counterparts by the parties hereto, and as so executed shall consist of one agreement, binding on all the parties. ., IN WITNESS WHEREOF, said City has caused its name to be affixed by its Mayor and City Clerk, who are duly authorized by resolution of the City Council, and said Owner has caused his name to be affixed the day and year first above written. :~M~ ~~ c~~ ~bert Kass Public Works Director AtZL_ - ~ Anne Bybee, City Clerk h: \ word\agr\ 1270bur2(mp) - 5 - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Santa Cl ara On October 21, 1997 before me, E. Les 1 ie, Notary Pub 1 i c Gregory I. Smi th personally appeared personally known to me - OR - rn proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/herltheir 13~~~ ..<hlO'~~ E. LESLIE --:gnature(s) on the instrument the person(s) or the -' COMM. #1094377 lWtity upon behalf of which the person(s) acted g ,.. ~ NOTARY PUBLIC - CAlifORNIA Q. ' .... '-.' SANTA CLARA COUNTY ecuted the mstrument. t ..~'" My Comm. Expires May30, 2000 ~~~~~$~.i'e.$." WITNES my hand and official seal. , ~- OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ~DIVIDUAL b CORPORATE OFFICER TITLE(S) o PARTNER(S) 0 LIMITED o GENERAL o ATTORNEY-IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERV A TOR o OTHER: DESCRIPTION OF ATTACHED DOCUMENT Deferred Street Improvement Agreemer~ TITLE OR TYPE OF DOCUMENT 5 NUMBER OF PAGES 10/21/97 DATE OF DOCUMENT City of Campbell SIGNER(S) OTHER THAN NAMED ABOVE SIGNER IS REPRESENTING: ",,:,,'~Of'CA4tA~~ ... r U r" . . ... "- '$0 '" ~. ,,' OotCH A. \lU. CITY OF CAMPBELL Public Works Department October 17, 1997 Gregg Smith Bay Cities Investments 1570 Soquel Drive, Suite 2 Santa Cruz, CA 95025 Re: 1270 Burrows Road - Encroachment Permit 97-216 Dear Mr. Smith: , As you know, the City Council recently amended Section 11.24 of the Municipal Code which eliminated the requirement for the applicant to post security for construction of future street improvements in connection with your development at the above referenced address. The refund of your faithful performance security of $4,300 will be available on October 22. Upon receipt of a signed and notarized Deferred Street Improvement Agreement the City will release the security. The previously signed Street Improvement Agreement was never approved by the City Council. Please give me a call at your earliest convenience to make arrangements to execute the new agreement. h: \ word\landdev\ 1270bur2(mp) 70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2150 . FAX 408.376.0958 . TOO 408.866.2790 ------- CITY OF CAMPBELL DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION t~ 11.::.,:..:::::':':::::::::::::::I.IIIIII.:::III::::II!11.::::111I.11:':11I::::1_ lUG 1 51997 APPLICATION NO(S): ADDRESS: 1'2."10 i3u~S go ~UclLiC WuR"S ADMI N ISTRA TlON Instructions: This checklist provides advance notification to applicants of the City of Campbell's final on-site grading and drainage plans and submittal requirements. Using this checklist will expedite your application through the City's review process. Prior to submitting a final on-site grading and drainage plan list to the City Engineer, please place an "X" in the space to the right of each item below to indicate you have complied, place "N/A" to indicate that the particular item does not apply. Review applicable sections, which are referenced in parentheses, before checking off each item. SEAL AND SIGNATURE OF ENGINEER OF WORK. I HEREBY DECLARE THAT I AM THE ENGINEER OF WORK FOR THIS PROJECT, THAT I HAVE EXERCISED RESPONSIBLE CHARGE OVER THE DESIGN OF THE PROJECT AND COMPLETION OF THIS CHECKLIST AS DEFINED IN SECTION 6703 OF THE BUSINESS AND PROFESSION CODE, AND THAT THE DESIGN IS CONSISTENT WITH CURRENT STANDARDS. ~~ Sig ature ~/sj97 D te Y enn-e-\ '" ble.ls t:)Y1 Printed RCE # ~ '202.3 Expiration Date <1 - 30 - 9 7 (SEAL) CITY ITEMS OK N/A COMl\1ENTS I. GENERAL 1. Applicable General Notes included. / 2. 24" X 36" sheet size used, including borders. v' -1- CITY ITEMS OK N/A COMMENTS 3 Title Block/scale/north arrow shown. / 4. Plans capable of microfilm reproductions - minimum ,/ 1/8 inch lettering. 5. Engineer's name, number, expiration date and ~ signature included. 6. Vicinity Map shown (must be microfilmable). ./ 7. ~ key map included for 3 or more /' sheets. 8. Cross sections as needed for clarity. / 9. All adjacent streets labeled correctly. ~o' ./ / 10. Reference to City benchmark. II. Property lines and existing/proposed easements ,,/ / shown. 12. Streets dimensioned (existing right-of-way, / pavement, curb, gutter, sidewalk and parkways). 13. Adjacent properties labeled as to use. ~ II. GRADING I1X)~< ./' "'v ~ 14. }' contour lines (existing and proposed). Sfbr ELEl/. ~JJeW ~S m 15. Existing and proposed building locations and pad / elevations. 16. Proposed elevations at high points, grade breaks, and ~ other significant locations. 17. Finished grade elevations at building corners. 18. Lot corner elevations and the elevation at the high ~ point in the yard. 19. Side and rear yard topography extending a sufficient distance beyond property line (20' minimum) to / determine that proposed grading will not impede existing drainage patterns. 20. Existing and proposed fences or retaining walls. ,/ 2I. Quantities of cut and fill in cubic yards. / -2- CITY ITEMS OK N/A COMMENTS 22. Lots numbered and dimensioned per final map. 23. Grading conforms to approved preliminary plans. "7 24. Sufficient elevations on adjacent parcels must be -r'14 indicated to demonstrate that proposed grading will ~ not impede existing drainage patterns. Ill. DRAINAGE 25. Location and elevation of overland release to public vi storm system shown. 26. Roof drainage outlets shown. 27. Interior drainage facilities identified (catch basin, / pipes, swales, etc.). 28. Size, grate elevation and invert elevation of all inlets V shown and cross section of drainage swales shown. 7 29. Pipe materials, slopes and sizes shown. V / 30. Channelization of flows to adjacent properties will / not be allowed. 31. Construction of french drains will not be allowed. / 32. Sheet flow across public property will not be / allowed. IV. NpTES / w~~ IlS 3. \II t """N' 33. All grading shall comply wit C apter 33 and Section 1806.45 of the 1994 Uniform Building Code. -3- v. SEAL OF ENGINEER OF WORK 34. Seal of Engineer of Work shown on plans as follows: SEAL OF ENGINEER OF WORK: I hereby declare that I am the Engineer of Work for this project, that I have exercised responsible charge over the design of the project as defined in Section 6703 of the Business and Professions Code, and that the design is consistent with current standards. The design shown hereon is necessary and reasonable and does not restrict any historic drainage flows from adjacent properties nor increase drainage to adjacent properties. I understand that the check of project drawings and specifications by the City of Campbell is confined to a review only and does not relieve me, as Engineer of Work, of my responsibilities for project design. Engineer of Work, P.E. Date Firm Address Telephone RCE # Exp. j: \forms\grdchk2.Ist Rev 6/6/97 -4- TO: Cay Cleric '"UBUC WORKS DEPAJlTMENT RECEIPT Elfeclive July I, 1996 PROPERTY ADDRESS ~r /;/!-~/~ ~7C /L,,{ ~# PUBUC WORKS FILE NO. Please collect .I: receipt far the follawifts .-.ies: ACct."'.:. . ": :::::::':.::::::::::::::ITEM' ....... .,... :.:.:./:.:.:.:.::::::::::::.:.:.:.:::':':':':':':":':' :'::::::::.:::.:::-:::::::::/:::":::::": 43~,~3H921 I Proiect R""ellue (soecifv oroject) ENCROACHMEXT PER,\1IT 472: '"031 V 2:031 2:031 2:031 2:031 47:: 2203 47::1 49201 4%51 TRAFFlC 47:31 47:31 47:31 47:31 47:31 4:7/1 47:31 OTHER I FOR CITY CLERK ONLY --::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::':':':::::::'::::::::::::::::::::<<MOtiNt::::::::::::::::: S ................. ................. Aoolic:Jtion Fee Non-Utilirv Encroaclunent Permit ($225) R-I FiI'Sl Permit (No Fee), Subseouent PermillYr (S100) Utilirv Encroaclunent Permit AneriaUCollector Street Residential Street/Oth... Areas Plan Check Oeoosi, - ~/. ofENGR. EST. Faithful Performance Securirv rFPS) Labor and ~aterials Secunrv Monumentarion Security 47:: I I P3rlcland Dedication Fee Po""",e Intersection Turn Counts (Two-Hour Count) Intcnection Tum Counts (a.m. or C.m. oeaks) Traffic Flow Moo (Daily Traffic Volumes) Camobell Traffic Model I Full Scooe AMessmentl Camobell Traffic ~odel (Reduced Scooe Assessmentl Truck Permiu No Paricin. SiOUls (SJ25) (rn~) ($500 minI (100% ofENGR.EST.) (100'/0 ofENGR. EST.) (100% ofENGR.EST.) (4% ofENGR.EST.)(S~OO milllSlO.ooo maxI (100'/. oiENGR. EST.) 4-~~ C.ult Oeoosit 1:0j I Ubor and MaleriaJ Security Plan Check &: !n.soection Fee (Non-Utilirv) EnlU. Est. < S250.ooo EnlU.Est.>S250.ooo Uulirv < SI00.000 Minimum ~e Per Locarion ConduilS/Pioelines uo to 500 Fed Above 500 Fed ManholCSlVaulIS/Etc. Pole SetiRemoval Street Tree PlantinlVRemoval 2:03 1 Utilirv > 5100,000 47601 Proiect Plans &: Soecttication. 47601 Standard Soecitication. & Detail. 47601 Cooi.. oiEn2lfteenn2 Moo. &: Plans 47::1 Penalties: Failure to restore oublic imorovements I (Muni Code Section 11.34010) 47::1 Penalties: Failure to COI'Tec:l unsafe conditions LA1W DEVELOP~ENT 47" Lot Line Adiustment 41'2"1 Parcel ~oo14 Lou or LAs) 47221 Final Tl'3Cl Moo (~ or ~ore LoIS) 412: I Certificate of Comoliance 4722! Certificate of Correction 472:1 V3Cation of Public Streets &: Easements .4 i:: Assessment Seweqarion or Reaoportionment FimSoJit Each Additional Lot Storm Dnin311e Area Fee P... Acre NAME OF APPUCANT r~'" A~ ~ /~ NAME OF PAYOR %I/~k) hpClh//77i' ADDRESS g/{;J/,5C4'u.e/ $: );?~. ('/ ,;5;;;>~ ,e.rV' Z -e' 4 .. ActUal Cost Plus :0'". Overi1ead r:oIon-lnlQ::St beatina decosit) .) N\ RECEIVED 3Y ~ '\ { \ \ ,\ Reci:ior #' :. (I2%ofENGR. EST.) (Decosit W. ofENGR. EST./S30,ooo min.)" (8%) (SI20) (SI.60/ft) (SUO/ft.) (SI05/ea) (S I 05/ea) (SIO~/treel Ac:tUai Cost ~ 20-1. .. Proiect No. (SI,1'2 SI2IBook) (S.SO/SQ.ft. ) (SIOOICalendar Day) (SIOO/Calendar Day) (S500) (SI.06O ... S25ll.ot) (SI.380'" S25ll.ot) ($500) (SJOO) (S550) (S~~O) (SI70) (R-I. $2.000\ (Multi-Res. S2.:~0) (All Oth.... $2.500) ($60\ (SI2~\ ($271 (S2.:~O) ($740) (S35Ittio) (SJleach or $'"..5/100) TOTAL s4~ PHONE : r #.75- -..C?4I/6/ ./ ZIP o~/.L. .' ..H. '\C q-~'C\ D..e "- OFor Plan Clocck 3lld C3Sh DepositS, send yellow copy to. oi.==-. h:lrecmM. wic3(mp )r",,7/1/96 . H ':H H RECEIVED >. .. ':H AU6 1 9 1997 CITY. CLERK'S OFFICE DaUlt Initials ern OF GHiiPBELL~ Qt:i'iiil M'o{ ~ 16N~ I\:"':.J';'" ~'I" ....u..;: ......~r~"'.. .......... ",...-... ""III'-"''''~''''' rH!UK; ~H~ ~l!! !NVtj~~tNi TCDA1:'S n~TE~ 08/19/97 -------- ..- .'- .-- wi-i..:"; i ...;..: ii..i:, '..: i'd..U -; toi ,:U'j rU...........:' _:' ....:~,;... '':-'';: J. .... .' 1 ~ESCRIPTluN REF uE?GSI1S -iOi.2Z03 TOT~L nUE: CHEC~ FAITI; CHECK NO: 1EHI~ Et~ En ~ ........., .;.V~i. I"lol'~ '1."'-" LM~rH~~ : .....l"",l.lr.lT HrU"PJil i ilnt.; ------ ft. LA fl;,'.flfli ill....iii ...&.~V".J.V ,"..IV'" ii':,!"t !il? .ioU "':01,," ....u... $4::300.00 ---------------- $41:500.00 $4,3ij(j.QQ $4,300.00 . AA ,,: \il} RESOLUTION NO~ 2999 (,1-/'/) '- t'. /' /' / (. ~ / BEING A RESOLUTION OF THE PLANNING O~SION OF THE CITY OF CAMPBELL FOR A SITE ARCHITECTURAL APPROV AL TO ALLOW A NEW SINGLE Y RESIDENTIAL DWELLING ON PROPERTY LOCATED 128 BURROWS ROAD IN AN R-1 (SINGLE FAMILY RESID L) ONING DISTRICT. APPUCATION OF LSI CONSTRUCTION. NO.5 95-12. After notification and Public Hearing as specified by law on the above- referenced application as per the application filed in the Planning Department . and, after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to FJ.1e No.5 95-12: 1. The proposed dwelling is well designed and is architecturally compatible with the surrounding area with the incorporation of architectural enhancements such as porch element and mullioned windows. 2. The subject property is a legal non-conforming lot of record and is permitted to be developed in accordance with the development standards of the R-1-6 zoning district. 3. The proposal conforms to the development standards of the R-1-6 Zoning District under the San Tomas Area Neighborhood Plan. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The existing lot does not conform to the current General Plan of the City, however, the lots were legally create prior to the adoption of the land use designation of less than 3.7 units per gross acre. The development of the property conforms to the intent of the General Plan allowing one single family home on one lot. 2. The proposal is consistent with the zoning standards pertaining to non- conforming lots, and 3. The proposed project will aid in the harmonious development of the immediate area. (- . (/ l Planning Commission Resolution No. 2999 S 95-12 - 1282 Burrows Road Page 2 The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the Ordinances of the City of Campbell and the State of California. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. 1. Approved Project: Approval is granted for a Site and Architectural Review Permit allowing a new two story single family residence located at 1282 Burrows Road. Project approval shall substantially comply with project plans prepared by Ron Dick dated August 1995, except as modified by the Conditions of Approval herein. a. Color Board: Applicant shall submit a color board for exterior building colors for review and approval by the Community Development Department prior to issuance of building permits 2. Park Impact Fee: The applicant shall pay a park impact fee of $10,990 for the new single family residence prior to certificate of building occupancy. Ii" Landscape Improvements: Per the San Tomas Area Neighborhood Plan, D Provide one tree for every 2,000 square feet of lot area. Trees varieties, irrigation and related improvements shall be subject to review and approval by the Community Development Department prior to issuance of building permits. ~ (5 Streets and Related Improvements: A. Install curbs and gutters at 11' from centerline along the property frontage. B. Install sidewalks 4.5' wide along the property frontage. C Install driveways. D. Remove and replace 9.5 feet of pavement and 2 foot conform strip west of centerline. E. Install one street light in accordance with City of Campbell Street Lighting Policy and San Tomas Area Neighborhood Plan. cy~ ytJ ry -vJ yvJ /?vJ 'N 0 c"c I) (j Planning Commission Resolution No. 2999 S 95-12 - 1282 Burrows Road Page 3 GAandscape Improvements: Install trees, inigation and related landscape . improvements in the public right-of-way per Title 11 of the Campbell Municipal Code and the San Tomas Area Neighborhood Plan. 6. Screening of Utility Facilities: Screen all above ground utility equipment within the public right-of-way and on private property to the satisfaction of the Community Development Director. 7. Street Improvement Plans: Provide. Street Improvement Plans for review and approval by the City Engineer for all improvements and landscaping within the public right-of-way. 8. Grading and Drainage Plans: Provide grading and drainage plans for review and approval by the City. 9. Storm Drain Design: Design of improvement plans for storm water conveyance facilities shall be based on a 10 year storm frequency. 10. Hydrology and Hydraulic Calculations: Provide hydrology and hydraulic calculations as required by the City Engineer. 11. Structural Section Design: Design a pavement structural section based on a traffic index per the Traffic Index table provided by the City Traffic Engineer, a soils report provided by the applicant and related information as determined by the City Engineer. JvJ J~ Registered Civil Engineer/Land Surveyor: Cause plans, specifications, "\ (,t-/ calculations, reports and designs for street improvements and grading and L~ 'drainage improvements to be prepared and sealed by a Civil Engineer, r/ NO' Land Surveyor or Architect, as applicable, licensed in the State of California and submitted to the City Engineer for approval. AStandard Specifications & Details: Comply with the City of Campbell Standard Specifications and Details for Public Works Construction. 14. Streets and Sidewalks: Comply with Title 11 of the Campbell Municipal Code concerning Streets and Sidewalks. 15. San Tomas Area Neighborhood Plan: Comply with the San Tomas Area Neighborhood Plan design standards. ( '- {- Planning Commission Resolution No. 2999 S 95-12 - 1282 Burrows Road Page 4 - (If 16. Disability Standards: Comply with the Americans With Disabilities Act and the California Disability Access Regulations, whichever applies. 17. Right-oE-Way Dedication: The street right-of-way width is currently 30' from centerline for the parcel. The applicant should apply for a street right-of-way vacation to reduce the existing right-of-way from 30' to 20' from centerline. The current fee for this vacation is $550. . 18. Title Report: Furnish current Preliminary Title Report. 19. Underground Utilities: Install electrical, telephone and cable television facilities underground, in accordance with the provisions of Chapter 20.36.150 of the Campbell Municipal Code and as required by the City Engineer, prior to occupancy. 20. Utility Construction Coordination in Public Right-of-Way: Submit a Utility Coordination Plan and Schedule for approval by the City Engineer, for installation of electrical, gas, telephone, cable television, sewer, water and storm drain improvements to minimize damage to City streets, sidewalks and related facilities. 21. Sanitary Sewer Service: Install a sanitary sewerage system to serve all lots in conformance with the requirements of the West Valley Sanitation District. 22. Water Service: Install a water distribution system to serve all lots in conformance with the requirements of the San Jose Water Company. 23. Other Utilio/ Services: Install electrical and gas services in conformance with the requirements of Pacific Gas & Electric Company. Install telephone services in conformance with the requirements of Pacific Bell. Install cable television facilities in conformance with the requirements of TCI Cable. . 24. Park Impact Fees and Park Land Dedication: Dedicate land or pay fee in lieu of dedication, prior to issuance of a Building Permit, as required by Chapters 13.08 and 20.24 of the Campbell Municipal Code. This condition is not applicable if the fee has been previously paid. ( " rl (, Planning Commission Resolution No. 2999 S 95-12 - 1282 Burrows Road Page 5 25. Security: Provide guarantees to design and construct all public improvements by cash, bonds, letters of credit or other legal instruments acceptable to the City Attorney. Appropriate adjustments in the security will be made as a result of prior security provided and agreements executed for the subject parcel. 26. Street Improvement Agreement: Complete and record an amendment to the existing City of Campbell's Deferred Street Improvement Agreement for construction of public improvements. 27. Encroachment Permit: Obtain an Encroachment Permit for parcel, pay fees and deposits, provide bonds and insurance certificates for all construction within the public right-of-way. Encroachment Permit includes one year post-construction, maintenance period requirements. 28. Dust Control: Implement the requirements of the Bay Area Air Quality Control Management District including the following mitigation measures: A. Water all exposed or disturbed soil surfaces to control dust, as necessary, but not less than twice daily; B. Water areas of digging and grading operations; C Suspend grading or other dust producing activities during periods of high wind; D. Water or cover stock piles of soil debris, sand and other dust producing material; E. Sweep construction area and surrounding streets daily. F. Cover trucks with tarp during hauling. 29. Completion Prior to Occupancy: Complete construction of all required off-site and on-site improvements prior to occupancy of any structure. 30. Residential Fire Sprinkler System: Provide an approved residential fire sprinkler system throughout. NFPA 13-0, 1989 edition. , -- ~ .. I.;, Planning Commission Resolution No. 2999 S 95-12 - 1282 Burrows Road Page 6 ".. 31. All-Weather Surface Driveway: The driveway for the project shall be provided with an approved all-weather surface prior to issuance of any building permit. The fire district shall inspect the driveway for compliance. 32. Driveway Gates: Any gate constructed across the driveway shall be provided with an approved fire district key locking device. Contact Central Fire for an apPliecatiOn. I~" - PASSED AND ADOPTED.. "2~th d Y of SePtembeV1995~ ~ the following roll call vote: ~ - A YES: Commissioners: Alne, Higgins, Jones, Kearns, Meyer- Kennedy None Lindstrom, Lowe None NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: - ATTEST: ~ , Steve Pi . , tary ~ MEMORANDUM CITY OF CAMPBELL PUBLIC WORKS DEPARTMENT TO: Aki Irani, Project Planner DATE: May 5,1997 FROM: Michelle Quinney, City Engineer ,dt\ . ~ / Harold Housley, Land Development Engineer 11"./ . RE: R 97-03 (S 95-12 Expired 9/26/96) 1270 Burrows Avenue Gregg Smith Construction of new single family home Application No: Address: Applicant: Project Description: Z;/5et7S5"/~/!J g P~PPLICA'ff()N COMMENTS: It is understood that the Site and Architectural approval has now expired. The applicant has modified the house plans to add an additional 196 SF and has applied for reinstatement of Site and Architectural approval. The Public Works Department Conditions of Approval are attached. 1. Grading and Drainage Plans: Provide grading and drainage plans for review and approval by the City prior to issuance of a grading permit. 2. Storm Drain Design: Design of improvement plans for storm water conveyance facilities shall be based on a 10 year storm frequency. 3. Hydrologv and Hydraulic Calculations: Provide hydrology and hydraulic calculations as required by the City Engineer. 4. Registered Civil Engingeer/Land Survevor: Prior to issuance of any grading permit, . applicant shall cause plans, specifications, calculations, reports and designs for grading and drainage improvements to be prepared and sealed by a Civil Engineer licensed in the State of California and submitted to the City Engineer for approval. 5. Street Improvement Agreement: Execute a deferred street improvement agreement and post security required for installation of standard street improvements per the San Tomas Neighborhood Plan. Improvements will include City standard driveway approach. 6 Title Report: Furnish current Preliminary Title Report. 7. Underground Utilities: Install electrical, telephone and cable television facilities underground, in accordance with the provisions of Chapter 20.36.150 of the Campbell Municipal Code and as required by the City Engineer, prior to occupancy. Public Works Department Conditions of Approval 1270 Burrows Road/R 97-03 8. Utilitv Construction Coordination in Public Right-of-Way: Submit a Utility Coordination Plan and Schedule for approval by the City Engineer, for installation of electrical, gas, telephone, cable television, sewer, water and storm drain improvements to minimize damage to City streets, sidewalks and related facilities. I 9. Water Meter and Sewer Cleanout: Install any water meter(s) and sewer cleanout(s) on private property adjacent to the public right-of-way. 10. Storm Water Management: Comply with California Storm Water Best Management Practices Handbook, prepared by Storm Water Quality Task Force, Santa Clara Valley Water District. 11. Coordination with Capital Improvement/Other Proiects: Applicant shall coordinate construction with any City Capital Improvement project on Burrows Road. H:\ WORD\LANDDEV\BURRCOAGd) 2 Of'C.44( . ~ ~,J" .~.~';i+~ ~t<> q .;:~~~> ~ .... -- ... " .... 1- ......-.--. .... ~. ".... O"CHA\l-O' CITY OF CAMPBELL Community Development Department. Current Planning September 27, 1995 Ahmed Sobouti 256 E. Hamilton A venue, Suite J Campbell, CA 95008 12..., 0 Re: S 95-12 - 'l282:Burrows Road Dear Mr. Sobouti: Please be advised that the Planning Commission, at its meeting of September 26, 1995, adopted Resolution No. 2999, conditionally approving your Site and Architectural application to allow a new single-family residential dwelling on the above-referenced property. This approval is effective 10 days following the Planning Commission's action, unless appealed in writing to the City Clerk, and is subject to the Conditions of Approval provided in the adopted Resolution. If you should have any questions regarding the Planning Commission's action or the Conditions of Approval, please do not hesitate to contact the undersigned at (408) 866-2140. Sincerel y, ~~~ Gloria Sciara Planner I cc: Kenneth R. Genho (Property Owner) 478 E. Hamilton Avenue, #141 Campbell, CA 95008 Public Works Department Building Division ~~9 ,~\ ~~ .. ~ ~ ~ ;#\(11 tl~ ~~ ~O'..." >>c. ~~ Enclosures: Resol u tion 70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2140 . FAX 408.379.2572 . TDD 408.866.:!790 V. 1/ v RESOLUTION NO. 2999 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL FOR A SITE AND AR'CHITECTURAL APPROVAL TO ALLOW A NEW SINGLE Fm~Y RESIDENTIAL DWELLING ON PROPERTY LOCATED AT~li82 URROWS ROAD IN AN R-l (SINGLE FAMILY RESIDENTIAp NING DISTRICT. APPLICA nON OF LSI CONSTRUCTION. . NO. S 95-12. After notification and Public Hearing as specified by law on the above- referenced application as per the application filed in the Planning Department and, after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to File No. S 95-12: . 1. The proposed dwelling is well designed and is architecturally compatible with the surrounding area with the incorporation of architectural enhancements such as porch element and mullioned windows. 2. The subject property is a legal non-conforming lot of record and is permitted to be developed in accordance with the development standards of the R-l-6 zoning district. 3. The proposal conforms to the development standards of the R-1-6 Zoning District under the San Tomas Area Neighborhood Plan. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The existing lot does not conform to the current General Plan of the City, however, the lots were legally create prior to the adoption of the land use designation of less than 3.7 units per gross acre. The development of the property conforms to the intent of the General Plan allowing one single family home on one lot. 2. The proposal is consistent with the zoning standards pertaining to non- conforming lots, and 3. The proposed project will aid in the harmonious development of the immediate area. Planning Commission Resolution No. 2999 S 95-12 -- 1282 Burrows Road Page 2 The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the Ordinances of the City of Campbell and the State of California. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. 1. Approved Project: Approval is granted for a Site and Architectural Review Permit allowing a new two story single family residence located at 1282 Burrows Road. Project approval shall substantially comply with project plans prepared by Ron Dick dated August 1995, except as modified by the Conditions of Approval herein. a. Color Board: Applicant shall submit a color board for exterior building colors for review and approval by the Community Development Department prior to issuance of building permits 2. Park Impact Fee: The applicant shall pay a park impact fee of $10,990 for the new single family residence prior to certificate of building occupancy. 3. Landscape Improvements: Per the San Tomas Area Neighborhood Plan, Provide one tree for every 2,000 square feet of lot area. Trees varieties, irrigation and related improvements shall be subject to review and approval by the Community Development Department prior to issuance of building permits. 4. Streets and Related Improvements: A. Install curbs and gutters at 11' from centerline along the property frontage. B. Install sidewalks 4.5' wide along the property frontage. C Install driveways. D. Remove and replace 9.5 feet of pavement and 2 foot conform strip west of centerline. E. Install one street light in accordance with City of Campbell Street Lighting Policy and San Tomas Area Neighborhood Plan. Planning Commission Resolution No. 2999 S 95-12 - 1282 Burrows Road Page 3 L-----S. Landscape Improvements: Install trees, irrigation and related landscape improvements in the public right~of.way per Title 11 of the Campbell Municipal Code and the San Tomas Area Neighborhood Plan. 6. Screening of Utility Facilities: Screen all above ground utility equipment within the public right~-way and on private property to the satisfaction of the Community Developm~t Director. , f.A1L001 8. Grading and Drainage Plans: Provide grading and drainage plans ~or j/l ~. review and approval by the City. . I Il'H #! 'V'9. Storm Drain Design: Design of improvement plans for storm water Uf, "t conveyance facilities shall be based on a 10 year storm frequency. I fJ'~r'.. 1)1/10. Hydrol~and Hydraulic Calcu.lations: Provide hY9TOl~. ~~d.h _~d aul!~f I .4 ., ~ calculations as req..rl..ed by the City En01neer. 4~ I . .",-/>t:b/~:::" j /kr/P./_/2t(l/~tllJ. 1:1- (/UA_- s-. ,..-- ..- ) ,/ Ai 11. Structural~ction Design: Design a pavement structural section based on .' j/if'(t ' a traffic i' ex per the Traffic Index table provided by the City Traffic - Engineer, a soils report provided by the applicant and related information as determined by the City Engineer. 7. Street Improvement Plans: Provide Street Improvement Plans for review and approval by the City Engineer for all improvements and landscaping within the public right-of-way. ) ~V rid ' l 12. Registered Civil Engineer/Land Surveyor: Cause plans, specifications, calculations, reports and designs for street improvements and grading and drainage improvements to be prepared and sealed by a Civil Engineer, Land Surveyor or Architect, as applicable, licensed in the State of California and submitted to the City Engineer for approval. 13. Standard Specifications & Details: Comply with the City of Campbell Standard Specifications and Details for Public Works Construction. /)/ ;;(// Y ) I ..J' I ! 11'1 ',.11' . ,'I '. 14. Streets and Sidewalks: Comply with Title 11 of the Campbell Municipal Code concerning Streets and Sidewalks. 15. San Tomas Area Neighborhood Plan: Comply with the San Tomas Area Neighborhood Plan design standards. Planning Commission Resolution No. 2999 S 95-12 - 1282 Burrows Road Page 4 \, . )01 '/1' } j/Il' iVIf..' ( Y. ~i~/Jf. " 17. Right-of-Way Dedication: The street right-of-way width is currently 30' /jf7J~~f; t\ from centerline for the parcel. The applicant should apply for a street .(1.--, '/ -rki right-of-way vacation to reduce the existing right-of-way from 30' to 20' rl <,'" 1/) I ,/ from centerline. The current fee for this vacation is $550. ~ , y' I 1/18. Title Report: Furnish current Preliminary Title Report. 16. Disability Standards: Comply with the Americans With Disabilities Act and the California Disability Access Regulations, whichever applies. Y;Underground Utilities: Install electrical, telephone and cable television facilities underground, in accordance with the provisions of Chapter 20.36.150 of the Campbell Municipal Code and as required by the City Engineer, prior to occupancy. --//20. Utility Construction Coordination in Public Right-of-Way: Submit a Utility Coordination Plan and Schedule for approval by the City Engineer, for installation of electrical, gas, telephone, cable television, sewer, water and storm drain improvements to minimize damage to City streets, sidewalks and related facilities. \ 21. Sanitary Sewer Service: Install a sanitary sewerage system to serve all lots in conformance with the requirements of the West Valley Sanitation District. 22. Water Service: Install a water distribution system to serve all lots in conformance with the requirements of the San Jose Water Company. ./ 23. Other Utility Services: Install electrical and gas services in conformance with the requirements of Pacific Gas & Electric Company. Install telephone services in conformance with the requirements of Pacific Bell. Install cable television facilities in conformance with the requirements of TCI Cable. It! Il/2A. ~ark Impac.t F~es and. Park ~and Dedication:. ~edicate ~and or pa:r fee in /l/ beu of dedIcation, pnor to Issuance of a BUIlding PermIt, as reqUIred by Chapters 13.08 and 20.24 of the Campbell Municipal Code. This condition is not applicable if the fee has been previously paid. Planning Commission Resolution No. 2999 S 95-12 - 1282 Burrows Road Page 5 ~ 25. Security: Provide guarantees to design and construct all public improvements by cash, bonds, letters of credit or other legal instruments acceptable to the City Attorney. Appropriate adjustments in the security will be made as a result of prior security provided and agreements executed for the subject parcel. 26. Street Improvement Agreement: Complete and record an amendment to the existing City of Campbell's Deferred Street Improvement Agreement for construction of public improvements. /1/ 27. Encroachment Permit: Obtain an Encroachment Permit for parcel, pay fees and deposits, provide bonds and insurance certificates for all construction within the public right-of-way. Encroachment Permit includes one year post-construction, maintenance period requirements. 28. Dust Control: Implement the requirements of the Bay Area Air Quality Control Management District including the following mitigation measures: A. Water all exposed or disturbed soil surfaces to control dust, as necessary, but not less than twice daily; B. Water areas of digging and grading operations; C Suspend grading or other dust producing activities during periods of high wind; D. Water or cover stock piles of soil debris, sand and other dust producing material; E. Sweep construction area and surrounding streets daily. F. Cover trucks with tarp during hauling. IV 29. Completion Prior to Occupancy: Complete construction of all required off-site and on-site improvements prior to occupancy of any structure. 30. Residential Fire Sprinkler System: Provide an approved residential fire sprinkler system throughout. NFPA 13-D, 1989 edition. Planning Commission Resolution No. 2999 S 95-12 - 1282 Burrows Road Page 6 31. All-Weather Surface Driveway: The driveway for the project shall be provided with an approved all-weather surface prior to issuance of any building permit. The fire district shall inspect the driveway for compliance. 32. Driveway Gates: Any gate constructed across the driveway shall be provided with an approved fire district key locking device. Contact Central Fire for an application. PASSED AND ADOPTED this 26th day of September, 1995, by the following roll call vote: AYES: Commissioners: Alne, Higgins, Jones, Kearns, Meyer- Kennedy None Lindstrom, Lowe None NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: APPROVED: Jane Meyer-Kennedy, Chair ATTEST: Steve Piasecki, Secretary 1260 BURROWS - CHRONOLOGY OF EVENTS APPLICATION: V 88-08, PM 88-8, S 92-01, EP 89-187, EP 90-207 APN # 406-16-73 & 74 ADDRESS: 1260 & 1270 BURROWS ROAD APPLICANT: RICHARD McCLELLAND (FRANK MARTINEZ) DATE: JUNE 15, 1992 APPLICATION: S 95-11 AND S 95-12 APN # 406-16-078 ADDRESS: 1260 & 1282 BURROWS ROAD APPLICANT: LSI CONSTRUCTION/AHMED SOBOUTI DATE: SEPTEMBER 11, 1995 - In 1984, the assessors parcel maps showed one lot for this property. - In 1985, the assessors parcel maps showed two lots for the property. In March of 1985, Tim Haley in Planning advised the property owner that unless they could demonstrate how this lot had been legally split, the matter would be referred to our City Attorney. Planning's issue with the two lots was that they were not in conformance with standards for minimum lot/flag lot sizes. - In July of 1985, the matter was brought to the attention of the assessor, who corrected the assessor's maps to again show only one lot for this property. - In 1987, the owners of the property provided deeds showing that the property existed as two lots since before the City's subdivision ordinance was adopted, and that no legal actions had been taken to combine the two lots. The property owners requested that a certificate of compliance be issued for the two lots. Staff agreed, but the application for the certificate of compliance was never filed and the process never accomplished. - 9/13/88 - A variance was granted by the Planning Commission to allow a variance in the minimum lot area width from 60' to 45' for the front parcel, and a minimum lot size from 11,000 to 8,782 sq. ft. for the rear parcel. The finding for allowing the variance was due to the fact that the lots were created under the jurisdiction of the County and the necessitation of the variance was brought about by the annexation of the properties into the City. This variance also included a new location for the lot lines that more equitably split the property into two lots. - Also, at the same Planning Commission meeting, approval was granted for a tentative parcel map to accomplish the lot line adjustment. It seems that normal procedures after the granting of the variance should have been for the applicant to file a lot line adjustment. For some reason, the applicant filed a parcel map to adjust the lot lines and legitimatize the two lots. The applicant may have been advised to file a parcel map by previous staff members in order for the City to impose street improvement and dedication requirements - since these cannot be imposed on a lot line adjustment. The tentative map approval required installation of street improvements and dedication of additional right-of-way. 1260 Burrows - Chronology of Events Page 2 - 4/14/89 - An application for an encroachment permit and plans to install street improvements were received (#89-187). - The owner of the property decided to sell the two lots and wanted the new owners (Lemperts) to pay for all costs involved in the final parcel map approval (final map fees, storm drain fees, surety for the street improvement agreement, plan check and inspection fees and refundable deposits) as well as having the new owner sign the street improvement agreement. - The final map was prepared and signed by DCW on September 26, 1989. - 9/26/89 - Encroachment permit plans were approved and put in pending. Street improvement agreements were prepared for the new owners signature (Lemperts), a surety in the amount of the engineers estimate of $15,200 was requested, plan check and inspection fees of $1,064 and a cash deposit of $608 were requested. Storm drain fees of $757 were also due before issuance of permit. - The original parcel map was given to California Land Title Company on October 12, 1989, to be held in escrow along with instruction for recording - only to be done when and if certain conditions were met. (i.e. those listed above, fees paid, agreements signed, etc.) - 12/12/89 - The owner requested the encroachment permit # 89-187 be allowed to expire. - 8/19/90 - Another encroachment permit application was filed (#90-207) for street improvements. - 9/7/90 - California Land Title returned the unrecorded original parcel map to us, stating that the escrow was terminated and that the deal had not been completed. - 9/23/90 - The Planning Director granted a one-year extension to the tentative parcel map, extending the map until September 23, 1991. - 3/18/91 - The encroachment permit application #90-207 expired. - In February 1992 , another one-year extension was granted on the tentative map until September 23, 1992. At that time, the applicant was advised that the City had recently adopted a park impact fee ordinance that would apply to any new units that the property owner may be proposing to construct on the property. - 4/29/92 - The Planning Commission granted site (S 92-01) approval for the construction of two single family homes on the property. Conditions of the site approval included the filing of the final map, storm drain fees, grading and drainage plans, installation of street improvements, dedication, and park impact fees of $10,990 (one new unit @ $1O,990/each). - June, 1992 - Other developments in the area made it reasonable for staff to try and put together improvements required from developments with some City money to have 1260 Burrows - Chronology of Events Page 3 improvements installed on the east and west side of Burrows. Applicant was notified but worried that trying to combine project would delay them. - 6/30/92 - JMH submitted final parcel map for checking. - 7/31/92 - Agreements (requiring surety of $16,900) were sent to McClellands to satisfy conditions of approval. - 10/9/92 - Agreements return to City - signed/notarized by McClellands, no surety amount indicated. Access easement also returned signed. - 10/10/92 - Joe Montemayo applied for encroachment permit (#92-227) to install storm drain per grading plan. Fees paid. - 10/26/92 - Map signed by DCW, letter to McClellands requesting storm drain fee and park fees to be due with S 92-01. - 10/28/92 - Parcel map recorded PM 641 M 36/37. - 12/7/1992 - Agreement to Council for execution - required security, however, no security amount indicated. No security found in vault. - 4/6/93 - Applicant requested permit to be voided. - 4/29/93 - S92-01 expires. - 9/2/93 - Access easements recorded. - 2/16/94 - Refund check for 75 % of plan check and inspection fees for Encroachment Permit # 92-227 was prepared. Never picked up.. - 3/23/94 - Deferred Street Improvement Agreement recorded. - 4/4/94 - Staff wrote letter to McClellands asking if deposits should be refunded. - 6/14/95 - Faithful performance surety, cash deposit & 75% of plan check & inspection fee for Permit #92-227 refunded and plan check deposit for EP #90-207 refunded. - 8/30/95 - S 95-11 and S 95-12 filed. - 9/27/95 - S 95-11 and S 95-12 approved by Planning Commission. J :\MQ\1260BURR.NTS