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ORCH""-O.
CITY OF CAMPBELL
Public Works Department
Date:
February 15, ,2001
TRANSMITTAL FROM THE PUBLIC WORKS DEPARTMENT
TO:
Richard Hilovsky and Frances Hilovsky
1068 Audrey Avenue
campbell, CA 95008
FROM:
Marlene pomeroy, secretary
SUBJECT:
1068 Audrey Avenue
We are forwarding the following:
Copv of recorded Deferred street Improvement Aqreement
for your records.
Remarks:
J:\FORMS\CETRANS(EXCEL)
70 North First Street. Campbell, California 95008-1423 . TEL 408.866.2150 FAX 408.376.0958 . TOO 408.866.2790
TO BE ROCORDfD wm.1OUT -<
SEe ION 6103 GO\'ER'\~ f'l CODi
AT THE REQUEST Of CIlY Or CAI~.Pl'PfU
Recording Requested By:
City of Campbell
And When Recorded Return To:
City Clerk
City of Campbell
70 N. First Street
Campbell, CA 95008
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DOCUMENT: 15529728
Titles: 1/ Pages:
7
1111 m 11111111111111111
_0015529728-
Fees... * No Fees
Taxes. . .
Copies.
AMT PAID
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
Bank
ROE ** 003
1/18/2001
11 :45 AM
APN:
ADDRESS:
406-24-024
1068 Audrey Avenue
Space above ihis line for Recorder's use only.)
DEFERRED STREET IMPROVEMENT AGREEMENT
THIS AGREEMENT, identified as BLD 2000-1167, PLN 2000-85(S), made and
entered into this ,;<'0 -.J.A day of M.~.1 ntlcvr) , 20 00 , by and between
RICHARD S. HILOVSKY AND FRANCES L. HILOVSKY, HUSBAND AND WIFE AS
COMMUNITY PROPERTY, 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, on July 25, 2000, by Resolution No. 3288, the Planning Commission
granted a Site and Architectural Approval to allow construction of a single family residence
upon that certain real property described in deed recorded November 17, 1999 as document
number 15059800 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 1068 Audrey Avenue;
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
APPROV 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.
- 1 -
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)
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 indefinitely 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 and 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 final 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 indefinitely 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,
whether 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 1068 Audrey Avenue and the City's property, commonly described as
Audrey Avenue 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 Public
Works Director and City Clerk, who are duly authorized by Ordinance 1951 adopted
September 2, 1997, and said Owner has caused his name to be affixed the day and year first
above written.
RICHARD S. HILOVSKY AND
FRANCESL.HILOVSKY,HUSBAND
AND WIFE AS COMMUNITY
PROPERTY, OWNERS
'~~uL l.~
Richard S. Hilovsky
~e~o~y dd~fl~
(Notary Acknowledgment for above
signator(ies) MUST be attached)
r7
/,/'/ (',;
/ /-/~~~
Anne Bybee, City Clerk
CITY,~~..~~~BE. LL /
/:y/pC--- ~
A TTEST~
obert Kass
Public Works Director
(Attach Notary Acknowledgment
for all parties)
h: \landdev / 1068audrey implater(mp)
- 5 -
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
On /bl..-d.-o -tJ0 before me, 1J1A--.eLC7U:;: ~71Jne/Co/
(Notary Public)
personally appeared ~U/l.r/ rr ~ec6 !hLOt/S/L-J
~nally knuwu to me. (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) .i&lare subscribed to the within instrument and acknowledged to me that ~/they
executed the same in fltstfle.r/their authorized capacity(ies), and that by ~/their signature(s) on the
instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
~
MARlENE K.. POMEROY
a Commission # 121S428
~ '. Notay Pubf'1C - Cafrfanla
z< Santa Clara COUnty
wp{Comm. Expres Way 6. 2003
Deferred street Improvement Agreement
1068 Audrey Avenue
(This area for notarial seal)
- 6 -
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
On ~u!'''jU! J" d.ml befOreme'(7"1A."b..!~d/
(No Public) ('
personally appeared W.JiJ l-t t ~
personally known to me ~proved to me on the basis ofsatisfaetelY ~BGe) to be the person(~) whose name(s) islare-
subscnbed to the within instnnnent and acknowledged to me that hels~ executed the same in hisIhe~/tM.i:r
authorized capacity(-ies}, and that by hisIherIt:Beir signature(s) on the instrument, the person(~), or the entity upon behalf
of which the person(\} acted, executed the instrument.
WITNESS my hand and official seal.
(:)r.~Af.l4~
(Signature ofNo~Public) v/
~""''''''""~.r'.",,,'";;,-c.-1
1 @ ~MARLE::::N;E, K. POM!:.:kOY
- . Commis!;ion ff J218428
.i ':.. Notary Pl:biic - California I
~ ' Santa Cla~ County 1
~'r( ComiT!. Ex;:lr"es Mot 6. 2003
-------....._-.._~--.-.-
Deferred street Improvement Agreement
1068 Alldrey Avenue
(This area for notarial seal)
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MEMORANDUM
CITY OF CAMPBELL PUBLIC WORKS DEPARTMENT
TO:
Jan Hemsley, Deputy City Clerk
~
Marlene Pomeroy
Secretary
DATE: January 2, 2001
FROM:
SUBJECT: Agreements/Easement
The following documents have been signed and notarized and Anne needs to attest to each of them:
Deferred Street Improvement Agreement - 1091 Lovell A venue
Deferred Street Improvement Agreement - 1068 Audrey A venue
Street Improvement Agreement - 63 North First Street
Also attached is a Grant of Public Sidewalk Easement for 63 N. First Street that has been signed and
notarized.
Once Anne attests to the agreements, all the documents should be sent to the County Recorder for
recording. As usual, Public Works will need copies of all the recorded documents when they are
received. Thanks for your assistance.
Attachments
PUBLIC WORKS - ENGINEERING DIVISION ------------------ MEMORANDUM
TO:
Bob Kass, Public Works Director
~I
Bill Helms, Land Development Manager
I. Harold Housley, Land Development Engi eer j}
FROM:
SUBJECT:
STREET IMPROVEMENT AGREEMENT
/
DATE:
/d-/~-$
Attached please find the signed and notarized copies of the street improvement agreements for
//~.I/ 4/Fk~r 4e.
(Address)
for your signature.
/
This agreement was required as a condition of approval for
was approved by :
, which
D
City Council Resolution No.
on
GJ
Planning Commission Resolution No. ~;(t!j
on 7 -;::15-cP~
o Community Development Director on
o Public Works Department/Land Development Section on
This agreement requires the improvements to be installed:
o Within 12 months from the date of the agreement and the required bonds have been
submitted.
I:zJ Within 12 months from the date notified by the City Engineer to install the required
improvements.
j:\mq\ld\agrmemo (1/4/00)
pr~ IC WORKS DEPARTMENT RECEIPT
Effective August I, 2000 /tJ!t1<;: /IN'' j,,,,
TO: City Clerk PUBLIC WORKS FILE NO.
PROPERTY ADDRESS 0
t&
435.535.4921 Pro "eel Revenue..("soecifv oroiect S
ENCROACHMENT PERMIT
4722 Aoolication Fee
Non-Utility Encroachment Permit ($245. (0)
Minor Encroachment Permit < $5,000 ($50. (0)
R-I First Permit (No Fee Subseouent PermitlYr 's11O\
Utilitv Encroachment Permit
Arterial/Collector Street 1$355.(0)
Residential Street/Other Areas ($245. (0)
2203 Plan Check De~sit - 2 % of ENGR. EST. S500 minI .
2203 Faithful Performance Security FPS\ 100% of ENGR.EST. .
2203 Labor and Materials Security 100% of ENGR. EST.) .
2203 Monumentation Security 100% ofENGR.EST.l .
2203 Cash Oenosit -'4% of ENGR.EST.l($500 mini$1O 000 maxI .
2203 Labor and Material Security 1100% of ENGR. EST. .
Plan Check & Inspection Fee (Non. Utility)
4722 En~r.Est. < $250,000 (12% of ENGR. EST.)
.. 2203 Enar.Est. > S250 000 (DeDOsit 8% of ENGR. EST./$30 000 mi.;:\" .
4722 Utllitv < $100 000 18%
Minimum Chan!e Per Location (S130)
Conduits/Pinelines up to 500 Feet ($2.00)
Above 500 Linear Feet ($1.25)
ManholeslVaults/Etc. ($115.00/ea)
Pole Set/Removal ($115.00/ea)
Street Tree Plantimz/Removal ISI15.00/tree
n 2203 Utilitv > $100 000 Actual Cost + 20 % .. .
4722 Street Tree Plan[in~/Removal Permit ISIl5.(0)
4760 Pro"eel Plans & Sne:cifications Pro "eel No.
4760 Standard Snecifications & Details -(SIIPa $12.50IBk)
4760 Conies of EnalOeerina Mans & Plans
Aerial Plot 24" x 36" S45\
Aertal PrlOt 8 1/2" x 1 I" SI5\
Mans and Plans 24' x 36' $5
4722 Penalties: Failure to restore oubhc imorovements $IOO/Calendar Dav) Muni Code Sec.ll.34.nlm
4722 Penalties: Failure [0 correct unsafe conditions SIOO/Calendar Oav)
LAND DEVELOPMENT
4722 Lot Line Ad'ustment ($600.00\
4722 Parcel Man (4 Lots or Less) ($1 170 + $25/Lotl
4722 Final Tract M;ln (5 or More Lots ISI 510 + S25/Lotl
4722 Certificate of Comnliance IS545.oo)-
4722 Certificate of Correction 1$330.00\
4722 Notarv Fee lner sianature) 1$10.(0)
4722 Vacation of Public Streets & Easements IS600.(0)
4722 Assessment Sel!rel!3tion or Reaooortionment
First Solit ($600.00)
Each Additional Lot 1$185.(0) L1J
4721 Storm Drainal!e Area Fee Per Acre ~ (R-l, $2,(00) ~'1~
(Multi-Res, S2 250)
{All Other S2 500
4920 Parkland Dedication Fee 75 %/25 % Due Unon Cert. of Occunan~
4965 Posfape
TRAFFIC
4728 Intersection Turn Counts (Two-Hour Count\ S65.50)
4728 Intersection Turn Counts (a.m. or n.m. oew S 136.50\
4728 Traffic Flow Man 'Dailv Traffic Volumes) S29.5ID
4728 Camnbell Traffic Model (Full Scone Assessment) $2 460.00\
4728 Camnbell Traffic Model (Reduced Scone Assessment) $810.00\
4271 Truck Permits S32.00/rnd trin)
4728 No Parkin. Sivns $lIeach or $25/100
OTHER
TOTAL S 5"0/9 "-
NAME OF APPLICANT
~ --f.L/... , _ L. PHONE
NAME OF PA YOR
ADDRESS //JL.f{/)~"'~LI . au.., IV- _, f /1. ,I I d ZIP
nActual Cost Plus 20% Overhead (Non-Interest bear(/. denasit) 7
FOR
CITY CLERK
ONLY
h:\forms\receiptformOO-Ol.ltls rev 7.17-00 (mp)
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RECORDING REQUESTED BY
First American Title Guaranty Company
Order No,
Escrow No. 964056
Loan No. 9111207
WHEN RECORDED MAIL TO:
TPis i~ to certif~1 ~hat this C0PV i~ a
T rue anD Correct copy of the ~)rj~.,na)
ReC~)rdeC1 I i ~ \ / .-e:; C;
Series # I~) C" ~~l ~ ~'j,'
-
(Y\. ^--~ /~~ZJ(-=:XCL,~~ )
FmSl ,'{r>:iE~dC"'r\ "i"iTLE GLARJ.rfrY COl'\lI"j~i~Y
RICHARD S. HILOVSKY and FRANCWS L HILOVSKY
1068 AUDREY AVENUE
CAMPBELL. CA 95008
SPACE ABOVE THIS LINE FOR RECORDER'S USE
MAIL TAX STATEMENTS TO:
The undersigned grantor(s) declare(s):
CITY TRANSFER TAX $ NONE
DOCUMENTARY TRANSFER TAX $ 577.50
SURVEY MONUMENT FEE $
2$. Computed on the consideration or value of property conveyed; OR
Computed on the consideration or value less liens or encumbrances
remaining at time of sale.
SAME AS ABOVE
APN 406-24-024
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
RODRICK L. BRECKLER, an unmarried woman
hereby GRANT(S) to
RICHARD S. HILOVSKY and FRANC ES. L. HILOVSKY, husband and wife as community property
the real property in the City of
County of
CAMPBELL
SANTA CLARA
. State of California. described as
SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF
Dated November 9, 1999
STATE OF CALlF9'lNIA...L I? J :".
COUNTY OF _ 'Jt.1I-/} I C'L--- [j'ai4.-}
~o,,~, 13{~;/11?;!{// ._
appeared RODRICK L. BRECKLER
eJ;/ &LL
RODRICK L. BRECKLER
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in hislher/their authorized
capacity(ies), and that by hislher/their signature(s) on the
instrument the person(s) or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS m hand and official s~al.
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MAIL TAX STATEMENTS AS SHOWN ABOVE
(This area for official notarial seal)
EXHIBIT A
REAL PROPERTY in the City of Campbell, County of Santa Clara, State of California, described as
follows:
Lot 26, Block 1, Tract No. 329 Aquino Park, Resubdivision of Lots 8, 10 and 9 of the W. J. Parr
Subdivision, part of Riconada De Los Gatos, Map filed on August 27,1946, Map Book 11, page(s) 40 and
41, Santa Clara County Records.
APN: 406-24-024
ARB: 405-19-052
~-'
CONDITIo~r \L DEMOLITION PERMIT APPI "'-:ATION
I ADDRESS OF PROPERIT TO BE DEMOLISHED: -I. () ro B
I ~ .
I OWNER: 'L-c::u~ Y
I Oescriotion and Quantities of Structures:
~\..\\)e~ ( C~~~l
APN Jj
D~e
\2 PS l \:)ei\~ A..L
~ )'S,E
The City of Campbell Building Division may issue a demolition permit to an applicant when clearances and
permission has been obtained from the following departments or agencies.
Santa Clara County Fir
.+08/3i8-40 1 0
Signature
e., L~os, C~ 95930" J
~ t(/~tj A/"
Print name Date
West~~aHey ~anitatiO~C~lO~'l~YOaks Ave., Came-bell, ~A 95008 - ';:l~,,'~~{;;~r f~'.I c",p/I'if
.+08;) ;8-240 i ~ r:..., -- I' C VI/) C. f(~ v. c.. 1 ~ ;21-cJc) i
S i gnarure ?:int name Date
\,cific ,G~s _& Electric ~omp~ Ave., Cupertino, CA q ~ Ute. ""-,,~ "'''''''' C'\O\:.~~.' _
,-800- i .+)-:,000 & :hen 0 )( \ ~~"'U.. C\ ~ I
Signature Print name Date I
3ay .-\rea Quality Management District, 939 Ellis St., San Francisco, CA 94109. 415/771-6000
FOR.v( 0 # (if any)
3uiJding Division:
~~ Print name Date
'Ianning Division: ~h{{'{"CY\ r\ ~rfD C1<2..9-6D I
I
I
S ig:o.aIUre Print name Date i
Ik-<~~~~ Ch L -,.-~"---. t;:~ e-r/~ /~o I
lublic Works Division: I
. j I c: ~ ::.> L.('C.' 1-,( .... ~ I
Print name Date I
I
ZedeveJopment Division: I
I
S ignarure Print name Date i
:~ave read. unde~tand and will comply with the above conditions and responsibilities during all demolition
'ork.
Owner's Signarure
Print name
Date
,Jntractor's~ame: '--"fNC1-\ CC;>~<:;;...\ TeIephone#:4.-..p-,.?\S \~l7
.ddress: r So ~
OS1: S 50.00 permit issuance fee.
Paid:
Permit #
J
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PUBLIC WORKS
I
I
PLAN REVIEW ROUTE SHEET
I AnDRESS: If! ~g A{Jf)~GY' 4t1c
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NOTES:
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.:~ or stonge of hUMdous m~terlw ~quins I HumoUJ M.1terlm Inform~tiDn Statement
o be submitted to the rue Department for review and comment at time of building pennit
'?plk.t:ion. Failun to provide the HMIS will hold up building permit approvaL
1RE S?Rl'1<1..ER.::-n: YES @
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CITY OF CAMPBELL
Community Development Department. Current Planning
July 27,2000
Frank Lynch
150 Ayer Avenue
San Jose, CA 95110
Re: PLN2000-85 - 1068 Audrey Ayenue
Dear Applicant:
Please be advised that the Planning Commission, at its meeting of July 25, 20QO, adopted Resolution No.
3288 granting a Site and Architectural Approval to allow the construction Ora!Iew-single~family
residence on the above referenced property.
This approval is effective in ten days, unless appealed in writing to the City Clerk. The time within
which judicial review of this decision must be sought is governed by California Code of Civil Procedure,
Section 1094.6.
If you have any questions, do not hesitate to contact me at (408) 866-2140.
~
\ ...:.- ~ l~
Tim J. Haley
Associate Planner
cc: Rich & Lynn Hilovsky (Property Owners)
1068 Audrey Avenue
Campbell, CA 95008
Harold Housley, Public Works
Frank Mills, Building
Chris Veargason, Fire
70 North First Street Campbell, California 95008,1423 . TEL 408.866.2140 . FAX 408.866.8381 . TOD 408.866.2790
RESOLUTION NO. 3288
BEING A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CAMPBELL GRANTING A SITE AND
ARCHITECTURAL APPROVAL (PLN2000-85) TO ALLOW THE
CONSTRUCTION OF A NEW SINGLE-F AMIL Y RESIDENCE
ON PROPERTY LOCATED AT 1068 AUDREY AVENUE IN
AN R-I-IO (SINGLE FAMILY RESIDENTIAL) ZONING
DISTRICT. APPLICATION OF MR. FRANK LYNCH, ON
BEHALF OF RICH & LYNN HILOVSKY. FILE NO. PLN2000-
85.
After notification and public hearing, as specified by law, and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the Planning Commission did find as follows
with respect to application PLN2000-85:
1. The subject property on which the proposed two-story single-family residence is to be
constructed has a net lot area 12,852 square feet that exceeded the minimum standards of the
R -1-10 Zoning District.
2. The proposed project is consistent with the San Tomas Area Neighborhood Plan.
3. The proposed proj ect is consistent with the development standards for a lot in an R -1-10
(Single-family residential, 10,000 square-foot minimum lot size) Zoning District and the San
Tomas Area Neighborhood Plan.
4. The proposed project is well designed and is architecturally compatible with the surrounding
neighborhood and with the San Tomas Area.
5. The development of the property will result in a density of 2.8 dwelling units per gross acre
and is consistent with the General Plan density of less than 3.5 dwelling units per gross acre
for this area.
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The proposed project is consistent with the City's General Plan.
2. The proposed project, as conditioned, will aid in the harmonious development of the
immediate area.
Planning Commission Resolution No. 3288
PLN2000-85 - 1068 Audrey Avenue - Frank Lynch - New Single Family Residence
Page 2
3. The project is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic such uses would generate.
4. The proposed use is compatible with the uses in the area.
The applicant is hereby notified, as part of this application, that he/she is required to meet the
following conditions in accordance with the ordinance of the City of Campbell and the State of
California. The lead department with which the applicant will work is identified on each
condition where necessary. Additionally, the applicant is hereby notified that he/she is required
to comply with all applicable Codes or Ordinances of the City of Campbell and the State of
California that pertain to this development and are not herein specified:
COMMUNITY DEVELOPMENT DEPARTMENT
1. Approved Project: Approval is granted for a Site and Architectural Review permit to allow
construction of a new 4,516 square foot, tw.o-stery,single-family residence located at 1068
Audrey Avenue. Project approval shall substantially comply with project plans prepared by
Lynch Construction, stamped as received by the City of Campbell Planning Division on June 14,
2000, except as modified by the Conditions of Approval herein.
2. Site and Architectural Review Permit Expiration: The Site and Architectural Review Permit
(PLN2000-85) for this project is valid for a period of one (1) year from the Planning
Commission approval. All conditions of approval specified herein must be completed within one
year from the date of approval, or the permit shall be void.
3. Fences: Any newly proposed fencing shall comply with Section 21.59.090 of the Campbell
Municipal Code. A fencing plan depicting fencing type and height shall be submitted, prior to the
issuance of building permits.
4. Property Maintenance: The property is to be maintained free of any combustible trash, debris
and weeds until the time that actual construction commences. Any vacant existing structures
shall be secured, by having windows boarded up and doors sealed shut, or be demolished or
removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code).
5. Parking and Drivewavs: All parking and driveway areas shall be developed in compliance \\-ith
the standards in Chapter 21.50 of the Campbell Municipal Code.
6. Tree Protection Plan: Prior to issuance of building permits, the applicant shall submit a tree
protection plan in accordance with the City's Water Efficient Landscape Guidelines (WELS) and
the Tree Protection Regulations (Chapter 21.56 of the Campbell Municipal Code) to indicate
how the existing trees to be retained on site will be protected during construction.
7. Landscaping: The applicant shall be required to provide a minimum of one (1) tree per 2,000
square feet of net lot area of the subject property. Existing tree(s) within the net lot area of the
Planning Commission Reso.<.Ltion No. 3288
PLN2000-85 - 1068 Audrey Avenue - Frank Lynch - New Single Family Residence
Page 3
subject property shall be included in the total. All new trees shall be planted within the net lot
area and shall be noted on plans to be submitted to the Community Development Department
prior to issuance of building permits. The required new trees shall be planted within the net lot
area prior to the issuance of the Certificate of Occupancy for the new residence.
8. Underground Utilities: Any new utilities to service the new residence shall be placed
underground. Prior to the issuance of building permits, building plans shall illustrate all utility
connections.
9. Revised Elevations: Prior to the issuance of building permits, the applicant shall submit revised
elevations depicting window trim and sill details for windows/doors on all elevations. Revised
elevations shall be approved by the Community Development Director, prior to the issuance of
building permits.
10. Permits Required: A building permit application shall be required for the proposed structure.
The building permit shall include ElectricalJPlumbinglMechanical fees when such work is part of
the permit.
11. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of
construction plans submitted for building permit.
12. Size Of Plans: The maximum size of construction plans submitted for building permits shall be
24 inches by 36 inches.
13. Soils Report: Two copies of a current soils report, prepared to the satisfaction of the Building
Official, containing foundation and retaining wall design recommendations shall be submitted
with the building permit application. This report shall be prepared by a licensed civil engineer
specializing in soils mechanics.
14. Site Plan: The application for the building permit shall include a competent site plan that
identifies property and proposed structures with dimensions and elevations as appropriate. The
site plan shall also include site drainage details.
15. Foundation Inspections: A pad certificate prepared by a licensed civil engineer or land surveyor
shall be submitted to the project building inspector upon foundation inspection. This certificate
shall certify compliance with the recommendations as specified in the soils report and the
building pad elevation and on-site retaining wall locations and elevations are prepared according
to approved plans. Horizontal and vertical controls shall be set and certified by a licensed
surveyor or registered civil engineer for the following items:
a. pad elevation
b. finish floor elevation (first floor)
c. foundation comer locations
16. Title 24 Energy Compliance: California Title 24 Energy Compliance forms CF-lR and MF-lR
shall be blue-lined on the construction plans.
Planning Commission ResoH.l.tion No. 3288
PLN2000-85 - 1068 Audrey Avenue - Frank Lynch - New Single Family Residence
Page 4
17. Special Inspections: When a special inspection is required by U.B.C. Section 1701, the architect
or engineer of record shall prepare an inspection program that shall be submitted to the Building
Official for approval prior to issuance of the building permits, in accordance with U.B.C Section
106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection
Division Counter.
18. Non-source Pollution Control Program: The City of Campbell, standard Santa Clara Valley Non-
point Source Pollution Control Program specification sheet shall be part of plan submittal. The
specification sheet (size 24 inches by 36 inches) is available at the Building Division service
counter.
19. Approvals Required: The project requires the following agency approval prior to issuance of the
building permit:
a. West VaHey Sanitation District (378-2407)
b. Santa Clara County Fire Department (378-4010)
c. School District: ,'. - - -
i) Campbell Union School District (378-3405)
ii) CampbeH Union High School District (371-0960)
iii) Moreland School District (379-1370)
iv) Cambrian School District (377-2103)
PUBLIC WORKS DEPARTMENT
20. Proof of Ownership: Prior to issuance of any grading, drainage or building permits for this site,
the applicant shall provide a current preliminary title report, grant deed or other satisfactory proof
of ownership.
21. Unsecured Deferred Street Improvement Agreement: Prior to issuance of any grading, drainage
or building permits for the site, the owner shall execute an unsecured deferred street
improvement agreement for construction of standard street improvements consistent with the San
Tomas Neighborhood Plan.
22. Street Improvements Pursuant to a Minor Encroachment Permit: Prior to issuance of an
encroachment permit for construction of any public street improvements in the public right-of-
way, the applicant shall cause plans to be prepared, post security and provide insurance, all as
required by the City Engineer.
23. Utility Installation Plan: Prior to issuance of building permits for the site, the applicant shall
submit a Utility Installation Coordination Plan and Schedule for approval by the City Engineer
for installation of street improvements and/or abandonment of all utilities. Streets which have
been resurfaced within the previous five years will require boring and jacking for all new utility
installations. Applicant shall also prepare pavement restoration plans for approval by the City
Engineer prior to any utility installation or abandonment.
Planning Commission ResolUtion No. 3288
PLN2000-85 - l068 Audrey A venue - Frank Lynch - New Single Family Residence
Page 5
24. Storm nr~in A rp~ Fpp: Prior to issuance of any grading or building permits for the site, the
applicant shall pay the required Storm Drain Area fee which is $2,000 per acre.
25. ~torm W~tpr Poll11tion Prpvpntion Mp~'mrp~: Prior to issuance of any grading or building
permits, the applicant shall comply with the National Pollution Discharge Elimination System
(NPDES) permitting requirements and the California Storm Water Best Management Practices
handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley Water District
and the City of Campbell Municipal Code regarding Storm Water Pollution Prevention.
26. Sitp Pl:::m: The applicant shall submit a complete and accurate site plan in accordance with the
Planning Division's checklist.
PASSED AND ADOPTED this 25th day of July, 2000, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Francois, Jones, Kearns, Lindstrom, Lowe
None
Gibbons; -Hernandez
None
APPROVED:
Mel Lindstrom, Acting Chair
ATTEST:
Sharon Fierro, Secretary
NIEMO RAND Ui\l1
TO:
Bill Bruckart
Building Official
CITY OF CAMPBELL PUBLIC WORKS DEPARTMENT
DATE: \0-'~--z~O
FROM: Harold Housley, L. D. Engineer
Chuck Gomez, Assistant Engineer
~-q
TIDS DEPARnIE~l HAS NO OBJECTION TO ISSUAJ.~CE OF GRADING,
DRAINAGE, OR BLlLDING PER.vIITS FOR THE ABOVE REFERE~CED PLAN
CHECK ~'"L1\tmER.
BY:
Site Address: te;Gb &..L')f.)~E'-( fJ.,,~t_
P~an Check Number:~zc.:x;:c;- \ \ '..07
FIle No(s): PLt--....tL0C--.~ - ~<s:" C-~j
DATE:
COl'l1>mONS OF APPROVAL ..uu: Sl.1\tIl\iIARIZED BELOW FOR CLEAlUJ.'fCE OF
BUILD~G PERvIIT(S) TO CONSTRCCT A ~'EW RESIDENTL-li. STRUCTL"RE OR
AN ADDITION OR ALTERATION THAT ADDS 50% OR j\'fORE. SQUARE FEET OF
'STRUCTURAL COv'"ERAGE (SECTION 11.24.182).
A ~ Street Imorovemems: Prior to issuance of any grading, drainage or building permits
for the site. the applicant shall cause plans for public Street Improvements to be
prepared by a registered civil engineer, pay fees, execute a street improvement
agreemem, post security and provide insurance necessary to obtain an encroachment
permit for construction of the improvements, as required by the City Engineer. The
plans shall include the following:
'i:-~ZStreet Imorovemems an R-1/1Minor Encroachmem Permit: Prior to issuance of an
encroachment permit for consrruction of any public street improvemems in the public
Right-of- W ay the applicant shall cause plans to be prepared. post security, and provide
insurance, all as required by the City Engineer.
Page 1 of 3
PLAN CHECK NmfBER:
'-l.. C?'-s. / Unsecured Deferred Street Improvement Agreement: Prior to issuance of any grading,
. '---------// drainage, or building permits for the site, the owner shall execute an unsecured street
improvement agreement for construction of street improvements.
~ Right-of-Wav for Public Street Purposes: Prior to issuance of any grading, drainage,
or building pennits for the site, the applicant shall grant additional
Right-of-Way
for
Public
Street
Purposes
along
the
fro ntage(s) to accommodate
Applicant shall cause to be prepared all documents necessary to record dedication and
submit to the City for review
~ Public Service Easement: Prior to issuance of any grading, drainage, or building
pennits for the site, the owner shall grant a
Public Service Easement on private property comiguous with the public right-of-way
along the
frontage. The applicant shall cause all documents to be prepared by a registered civil
engineer/surveyor and submitted to the City for review and recordation.
'-(J;=~:=.;. StOrnl Drain Area Fee: Prior to issuance of any grading, drainage, or building permits
~/foi the site, the applicant shall pay the required Storm Drain Area fee. The current fee
is $ ~J2) C)D I Dc per acre which is $ <S:"~" c~ 0
~~~,
V~~"
---...---.--'
Proof of Ownership: Prior to issuance of any grading, drainage, or building permits
for the site, the applicant shall provide a current preliminary title report, grant deed, or
other proof of ownership.
~
Utility Installation Plan: Prior to issuance of building pennits, the applicant sball
submit a Utility Installation Plan and Schedule for approval by the City Engineer for
installation of any new utilities. Streets which have been resurfaced within the previous
5 years may require installation beneath pavement by boring and jacking method and
will also require a pavement restoration plan for approval by the City Engineer prior to
any utility installation.
Wo Legal Lot: The applicant shall provide documentation. to ascertain that the lot was
.' legally created, or prepare a parcel map to create the parcel shown.
k~ Site Plan: Prior to issuance of an encroachment permit, the applicant shall provide a
complete and accurate Site Plan in accordance with the Planning Division's checklist.
Page 2 of3
PLAN CHECK NUMBER:
lREc..;KtVl~n,A 'COpy OF'l'HESE.CONDITIONS, OF APPROVAL:
. ~.~ ~CK \{~~\J~I<-'(
OwnerJ-sSignature ..PriDt
cc: Alan Hom, PWD Inspector
j: \forms\bldgapp
Rev. 3/18/99
_ d__~,a$e_,~__~( 3
MEMORANDUM
CITY OF CAMPBELL PUBLIC WORKS DEPARTMENT
TO:
Tim Haley, Project Planner
DATE: 7/3/2000
Bill Helms, Land Development Manager I J j
Harold Housley, Land Deyelopment Engineer/fV
Site Address: 1068 Audrey A venue
For File No(s): PLN 2000-85 (S)
Project Description: ~ 50% Addition
Applicant: Frank Lynch
FROM:
PUBLIC WORKS DEPARTMENT COMMENTS AND PRELIl\1INARY CONDITIONS
OF APPROV AL
Proof of Ownership: Prior to issuance of any grading, drainage, or building permits for
the site, the applicant shall provide a current preliminary title report, grant deed, or other
satisfactory proof of ownership.
Unsecured Deferred Street Improvement Agreement: Prior to issuance of any grading,
drainage, or building permits for the site, the owner shall execute an unsecured deferred
street improvement agreement for construction of standard street improvements.
Street Improvements Pursuant to a Minor Encroachnlent Permit: Prior to issuance of
an encroachment permit for construction of any public street improvements in the public
Right-of-Way the applicant shall cause plans to be prepared, post security, and provide
insurance, all as required by the City Engineer. The plans shall include the following:
Utility Installation Plan: Prior to issuance of building permits for the site, the applicant
shall submit a Utility Installation Coordination Plan and Schedule for approval by the City
Engineer for installation of street improvements and/or abandonment of all utilities.
Streets which have been resurfaced within the previous 5 years will require boring and
jacking for all new utility installations. Applicant shall also prepare pavement restoration
_ plans for approval by the City Engineer prior to any utility installation or abandonment.
Storm Drain Area Fee: Prior to issuance of any grading or building permits for the site,
the applicant shall pay the required Storm Drain Area fee which is $2,000 per acre.
Storm Water Pollution Prevention Measures: Prior to issuance of any grading or
building permits, the applicant shall comply with the National Pollution Discharge
Elimination System (NPDES) permitting requirements and the California Storm Water
Best Management Practices handbook prepared by the Storm Water Quality Task Force,
Santa Clara Valley Water District and the City of Campbell Municipal Code regarding
Storm Water Pollution Prevention.
Page 1 of 2
Site Address: 1068 Audrey A venue
For File No(s): PLN 2000-85 (5)
Project Description: > 50% Addition
Applicant: Frank Lynch
PUBLIC WORKS DEPARTMENT COMMENTS AND PRELIMINARY
CONDITIONS OF APPROVAL
Site Plan: The applicant shall submit a complete and accurate Site Plan in accordance
with the Planning Division's checklist.
cc: Bill Bruckart, Building Official
j : \landdev\ 1068audr
Page 2 of 2
CITY OF CAMPBELL
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
PRELIMINARY EVALUATION FOR
CONDITIONS OF APPROVAL
1.
2.
3.
4.
5.
6.
Date tc.;)'-lC?--z-C.':.OG
Site Address: t~~~9'-~ h t, Jf'~\Z~-( r---.~'-i~
For File No(s): l..l-::-::..t-..J <2 COC")- ~~ --::-~
Project Description: --=s P \2:-
Applicant: F ~~ L:~( hJ. (~~
By: C__ .~?-)~lEZ
PRELIMINARY PROJECT EVALUATION
--.i:::L Tentative Parcel Map:
~ Parcel Map:
N Tentative Map:
~ Final Map:
"-t...~ Preliminary Title Report:
~--f Right-of-Way for Public Street Purposes:
~ Public Service Easement:
N Easements:
W Monuments:
Page 1 of 4
'\---\ Street Improvements:
A. Curbs and Gutters
~ B. Sidewalks
N C, Driveway
N D. Landscape
\-1- E. Traffic Control
\-1. F. Pavement
N G. Asphalt Concrete Overlay _
\-1 H. Seal Coat
~ I. Street Lights
J. Other
\,.( E--=-- Unsecured Deferred Street Improvement Agreement:
'-(~:- Street Improvements Pursuant to an R-l Encroachment Permit:
t-J. Water Meter( s) and Sewer Cleanout( s):
N Soils Report:
\---t Traffic Mitigation:
Page 2 of 4
w
Utilities:
l'--\
Utility Installation Plan:
~J
Maintenance Security:
"=-~<::; Coordination with Capital Improvement/Other Proiects:
\-l Grading and Drainage Plan:
N Drainage System:
<\h.
l G;;-"'"~Storm Drain Area Fee: <.~ S-9~i GO ! 4'-;>0 O~.~~~
,
W Santa Clara Valley Water District (SCVWD):
'--( E----;"" Storm Water Pollution Prevention Measures:
~ Conditions. Covenants. and Restrictions:
"--f~' D l' .
L c=- -'___> emo Itlon:
W Reapportionment of Assessments:
t-..l Lot Line Adiustment:
\-1 - Certificate of Compliance:
Page 3 of 4
t-.\ Vacation of Excess Right-of-Way:
\-.-.,\ Reimbursements:
\...-\ Plan Lines:
1---\ Legal Lot:
Site Plan:
J: \FORMS\PRELPROJ
Rev. 8/3/99
Page 4 of 4
DEVELOPMENT REVIEW COMMENT SHEET
Distribution:
Completeness:
Conditions:
Tentative PC Meeting
6/15/00
6/26/00
7/3/00
7/25/00
ROTTTF TO'
X Architectural
X Fire Department
Police Department
Redevelopment Agency
X Engineering
Traffic Engineering
Corporation Yard
X Building Division
PROTFIT DF~rRTPTTON'
Application for a new single family residence
INFORMATTON'
File No.
PLN 2000-85(S)
APN:
406 24 024
Applicant:
Frank Lynch
Project Address:
1068 Audrey A venue
Zoning:
R-I-IO(Single Family)
General Plan:
Low Density Residential (Less than 3.5 units per gross acre)
PROJECT PLANNER:
Tim J. Haley
DFPARTMFNTAT RFrOMMFNDATTON'
If it can be determined that this project will require minimal or no comments by your department/agency,
please return this comment sheet with your initials to the Project Planner as soon as possible.
Status
Initial
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No Comment
Additional information/revisions(see attached)
Draft conditions of approval attached
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