Special Development Permit 1997
Deferred Completion Agreement
This Agreement ("Agreement") is entered into this - day of March, 1999, by and
between PRUNEY ARD ASSOCIATES, LLC, a California limited liability company
("Pruneyard") and the CITY OF CAMPBELL (the "City").
Recitals
A. On January 20,1998, the City Council of the City passed and adopted Ordinance
No. 1955 ("Ordinance 1955") approving a Special Development Permit and Site and
Construction Approval (collectively the "Approval") to allow the construction by Pruneyard of a
six (6) story, 130,000 square foot office building and a four (4) level parking garage containing
730 parking spaces (the "Project") on property located at 1999 S. Bascom Avenue and owned by
Pruneyard, subject to Pruneyard's satisfaction of certain conditions set forth in Ordinance 1955.
In addition, in connection with the City's Approval, the City and Pruneyard subsequently agreed
to the completion of certain other additional improvements and modifications as hereinafter set
forth (collectively the "Conditions and Requirements").
B. The Project is almost complete and Pruneyard desires to obtain a certificate of
occupancy from the City for the Project. Accordingly, the City and Pruneyard have agreed to
enter into this Agreement to provide for the completion of the remaining and uncompleted
Conditions and Requirements.
Agreement
Now, therefore, in consideration ofthe mutual covenants and agreements contained
herein, Pruneyard and the City agree as follows:
1. Completion of Conditions. The City hereby confirms that, except as set forth in
this Agreement, all of the Conditions and Requirements pertaining to the completion of the
Project, including but not limited to conditions and requirements set forth in Ordinance 1955,
have been satisfied and/or completed.
2. Performance Bond. Pruneyard agrees to procure a performance bond (the
"Bond") from a reputable bond company that is licensed to do business in California in the
amount of One Hundred and Sixty-Eight Thousand Dollars ($168,000.00) to secure the faithful
performance of Prune yard's obligations under this Agreement. The bond shall terminate and be
returned to Pruneyard by the City upon the satisfaction of all ofthe conditions and requirements
set forth in Section 3 of this Agreement. In addition, if all of such conditions and requirements
have been satisfied or completed, except for Condition #11, Off-Site Landscaping, as set forth in
,
Section 3.1 (a), then, in such instance, the bond shall terminate and be returned to Pruneyard by
the City upon Pruneyard's deposit with the City of the $4,000.00 in cash to secure the cost of the
Condition #11 improvements.
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07922\6S2Z04'.DOC:316331
3. Completion Requirements. Pruneyard agrees, at its sole cost and expense, to
satisfy and/or complete the following Conditions and Requirements by the respective dates
indicated:
3.1. Ordinance 1955 Requirements. Pruneyard shall complete Nos. 11 and
21 (hereinafter described) of the City's conditions of approval as set forth in Ordinance 1955, a
copy of which is attached hereto as Exhibit A ("Condition # 11" and "Condition # 21",
respectively);
3.1 (a) Condition #11. Off-Site Landscapine.
Condition #11 states as follows:
"Off-Site Landscaping: The applicant shall submit landscaping plans indicating installation of 24-
inch box Redwood trees and irrigation along the Caltrans right-of-way adjacent to the western property line to
supplement existing landscaping in order to screen the site from view from Highway 17. The plan shall be
submitted to the Campbell Community Development Director for approval prior to submittal to the California
Department of Transportation (Caltrans). The planting of trees shall be spaced consistent with the spacing of trees
along the Highway 17 right-of-way northern of Hamilton A venue. All necessary approvals and permits for
landscaping on land located in the Caltrans right-of-way must be obtained at the expense of the applicant from the
California Department of Transportation. The submittal of the off-site landscape plans shall be coordinated by the
Campbell Community Development Department. The applicant shall be responsible for maintaining the trees for
the first five years following their installation."
The off-site landscaping required by Condition # 11 shall be completed by
Pruneyard at an estimated cost of $4,000 and within sixty (60) days of receipt by Pruneyard of a
final and complete encroachment permit from CalTrans permitting the placement of the
landscaping, such landscaping being further detailed on Exhibit B attached hereto.
3.1 (b) Condition # 21. Replacement of Paved Surfaces.
Condition #21 states as follows:
"Replacement of Pavement Surfaces:The applicant shall work with staff to ascertain the condition
of existing paved surfaces throughout the Pruneyard and prepare a site plan identifying failed pavement. Areas
showing failure or disrepair shall be replaced or rehabilitated if possible as determined by City staff. Prior to the
installation of new pavement or asphalt surfaces, the applicant shall prepare a plan for review and approval by the
Land Development Division of the Public Works Department providing section details of the replacement
pavement."
Condition # 21 shall be completed by Pruneyard no later than June 30, 1999 at an
estimated cost of $1 07,000. The areas to be repaved are designated on Exhibit C attached
hereto.
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07922\6S2Z04'.DOC:316331
3.2 Improvement Modifications. In addition to the Ordinance 1955 requirements
specified in Section 3.1 of this Agreement, Pruneyard agrees, at its sole cost and expense, to
complete the following additional modifications and/or improvements:
3.2 (a) Parkine Modifications. The following parking modifications for truck
loading for Outback Steakhouse, a plan of which is attached hereto as Exhibit D ("Parking
Modifications") shall be completed by Pruneyard by May 1, 1999 at an estimated cost of $2,000:
Pruneyard shall convert four (4) current parking spaces, as marked in the attached plan, to allow
only loading and unloading for truck deliveries at such spaces from 8:00 AM. in the morning to
12:00 P.M. (Noon), Monday through Friday. In connection with the foregoing, Prune yard shall:
(i) paint the asphalt and install signs indicating that such parking is limited to the loading and
unloading of delivery trucks and (ii) install a sign behind the Outback Steakhouse stating that
"All delivery trucks must use loading spaces in the side lot".
3.2 (b) Landscape Modifications. The landscape modifications identified as
areas no. 1 and 2 in the Ken Kay Associates plans dated 2/19/98, which are attached hereto as
Exhibit E, as may be amended by the Community Development Department of the City of
Campbell with the mutual agreement of Prune yard (the "Landscape Modifications"), shall be
completed by Pruneyard by June 30, 1999 at an estimated cost of $52,000.
3.2 (c) Sidewalk Modifications. The following sidewalk modifications in the
vicinity of the driveway off Campbell Avenue (the "Sidewalk Modifications") shall be
completed by Pruneyard by June 30, 1999 at an estimated cost of $3,000: Pruneyard shall (i)
construct two (2) lowered curbs permitting wheelchair and other handicap access to the
sidewalks, and (ii) repaint the pedestrian crosswalk from such handicap curbs, all as detailed on
the plan attached hereto as Exhibit F.
4. Estimated Costs. The cost estimates set forth in this Agreement for the work to
be performed by Pruneyard are estimates only and furnished for purposes of determing the
amount of the performance bond to be obtained by Pruneyard. Such estimated costs shall not
limit Pruneyard' s obligation to complete such improvements or to pay the actual costs of such
improvements even if the actual costs of such improvements exceeds the estimates set forth in
this Agreement.
5. Entire Aereement. This document represents the entire and only agreement
between the parties and supersedes all other prior and contemporaneous agreements, whether
oral or written, express or implied. The parties acknowledge and agree that they may not and
are not relying on any representation, promise, inducement, or other statement, whether oral
or written and by whomever made, that is not contained expressly herein.
6. Counterparts. This Agreement may be executed in any number of original
counterparts, all of which evidence only one agreement, binding on all parties, even though all
parties are not signatory to the same counterpart.
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07922\6S2Z04'.DOC:316331
7. Exhibits. All Recitals and Exhibits referred to in this Agreement are
incorporated herein by reference and shall be deemed part of this Agreement.
8. Authority. Each of the individuals executing this Agreement on behalf of a
party individually represents and warrants that he or she has been authorized to do so and has
the power to bind the party for whom they are signing.
9. Successors and Assiens. The rights and obligations of Pruneyard, as
established by this Agreement, shall benefit and burden the real property owned by Pruneyard
and on which the Project is located (such property being described in Ordinance 1955, a copy
of which is attached hereto as Exhibit A) until the requirements of this Agreement are
satisfied. Upon the satisfaction of such requirements, the City shall provide Pruneyard with a
document confirming such completion.
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07922\6S2Z04'.DOC:316331
In Witness Whereof, the parties hereto have executed this Agreement as of the
day and year written above.
CITY:
Form Approved:
PRUNEY ARD:
PRUNEY ARD ASSOCIATES, LLC,
a California limited liability company
By: Cornerstone Holdings, LLC,
a Delaware limited liability company,
its Managing Member
By: ~
Name:
H. Lee Van Boven
Title: Co-Chief Operating Manager
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07922\6S2Z041.DOC:316331
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ORDINANCE NO.
1955
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CAM:PBELL APPROVING A SPECIAL DEVELOPMENT
PERMIT (SDP 97-01) AND SITE AND ARCHITECTURAL
. APPROVAL (S 97-20) TO ALLOW THE CONSTRUCTION OF A SIX-
STORY, 130,000 SQUARE FOOT OFFICE BUILDING AND A FOUR-
LEVEL PARKING GARAGE ON PROPERTY LOCATED AT 1999 S.
BASCO.M AVENUE IN A C-2-0 (GENERAL
COMMERCIAL/OVERLAY) ZONING DISTRICT. APPLICATION
OF MR. DA VID WORD, ON BEHALF OF PRUNEY ARD
ASSOCIATES, LLc. FILE NO. SDP 97-01lS 97-20.
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 City Council finds as follows with respect
to application SDP 97-01/S 97-20:
1.
A Special Development Permit and Site and Architectural Permit proposes the
construction of one 130,000 gross square foot, six-story office building, and a four level
parking garage containing 730 parking spaces on the western side of the project site.
2.
The proposed development applications, as conditioned, are consistent with the General
Plan and Zoning designations which indicate commercial land uses for this property.
3.
The proposed landscape plan and site amenities will improve the appearance of the
proposed project.
4.
The proposed parking and circulation modifications, with the recommended conditions of
approval, improves the general on-site circulation of the site.
5.
Uñder the direction of the City of Campbell, an Expanded Initial Study was prepared by
David J. Powers and Associates, Inc. for the project in compliance with the California
Environmental Quality Act.
6.
No substantial evidence has been presented which shows that the project, subject to
implementation of mitigation measures identified in the Expanded Initial Study, will have
a significant adverse environmental impact.
7.
The traffic study prepared by Linscott, Law & Greenspan 'demonstrates that the proposed
shared parking concept is sufficient to support the proposed development and the existing
uses on the property.
City Council Ordinance No.
SDP 97-01/S 97-20 - 1999 S. Bascom Avenue - Pruneyard
Page 2 .
~
8.
The traffic study prepared by Linscott, Law & Greenspan indicates that the proposed
offiee àevelopment will generate 1,711 vehicle trips per day during weekdays.
9.
The existing development on the property consists of movie theaters, retail, office, and
hotel uses. The proposed development is consistent with the existing uses on the property
with adjacent land uses, subject to the conditions of approval.
10.
The Circulation Element of the Campbell General Plan identifies the extension of Campisi
Way as an improvement to the City's circulation system.
11.
The purpose of the Campisi Extension is to provide direct access to the Pruneyard by
allowing traffic from Highway 17 and Hamilton Avenue west of Highway 17 to bypass
Bascom Avenue.
12.
The Campisi Extension is identified in the Circulation Element as a necessary circulation
improvement to the Hamilton and Bascom commercial district area.
13.
City traffic engineering estimates conclude that the extension of Campisi Way will result
in the following:
.
Eliminates 252 northbound left turns at the HamiltonlBascom intersection during the
PM peak hour.
Reduces the PM peak hour delays at the Hamilton/Bascom intersection eight seconds
below existing conditions. .
Approximately 5,860 vehicles per day generated by the Pruneyard would use the
extension.
Traffic utilizing the extension would almost exclusively have an origin or destination
- at the Pruneyard.
Reduces travel time to and from the Pruneyard and both Highway 17 and Hamilton
Avenue west of Highway 17.
Increases the amount of unused capacity at the HamiltonlBascom intersection.
Has a positive impact on congestion in the vicinity of the Pruneyard.
Would off-set the project's traffic impacts that travel between the Pruneyard and both
Highway 17 and locations on Hamilton Avenue west of Highway 17.
.
.
.
.
.
.
.
14.
The developer will be required to contribute a $600,000 share of the private costs of
construction to extend Campisi Way as a condition of approval. There is a reasonable
relationship between the amount of the contribution and the cost of the Campisi Way
extension in that the project site would be the primary beneficiary of the extension.
City Council Ordinance No.
SDP 97-01/S 97-20 - 1999 S. Bascom Avenue - Pruneyard
Page 3
15.
The costs of construction to extend Campisi Way include design/engineering, land
acquisition, severance costs, construction, and demolition of structures at the Aloha
Apartments necessary to accommodate the roadway.
16.
The contribution of $600,000 for a share of the costs to construct the extension of
Campisi Way to the Pruneyard property is roughly proportional and reasonably related to
the project's impacts.
There is a reasonable relationship between the use of the contribution and the type of
development project being proposed in that the extension of Campisi Way would off-set
the traffic impacts identified for this type of project.
There is a reasonable relationship between the need for the Campisi Way extension and
the type of development being proposed in that the project will generate 1,711 vehicle
trips per day during weekdays which would impact already congested City streets and
Campisi Way would mitigate this impact.
17.
Subsequent developments in the Hamilton and Bascom commercial district will be
required to share in the costs of constructing the Campisi Way extension if the projects
generate traffic that would pass through the HamiltonlBascom intersection.
18.
The proposed light green paint color on the roof on the elevator tower of the parking
garage and on the roof screen of the new office tower is not compatible with the building
colors of the proposed office tower.
19.
The conditions of approval require details and revisions to some of the proposed building
materials and paint colors so that they are architecturally compatible with the existing and
p~oposed development.
20.
The proposed parking garage is highly visible from Highway 17.
21.
The proximity of the garage to the western property line does not allow the installation of
sufficient landscaping to adequately screen the parking garage from Highway 17.
22.
Existing off-site landscaping within the Caltrans right-of-way adjacent to the western
property line is not sufficient to screen the proposed parking garage or the property from
Highway 17. .
23.
The conditions of approval require supplemental off-site landscaping of 24" box Redwood
trees in the adjacent Caltrans right-of-way to adequately screen the parking garage from
Highway 17.
City Council Ordinance No.
SDP 97-01/S 97-20 - 1999 S. Basc?m Avenue - Pruneyard
Page 4
24.
The proposed location of the parking garage necessitate the relocation of access to the Los
GatQs .creek Trail access from the Pruneyard.
25.
The proposed relocation of the Los Gatos Creek Trail access indicated on the site plans on
the west side of the parking garage blocks visibility of the access and may compromise
safety of pedestrians using the facility.
Based upon the foregoing findings of fact, the City Council further finds and concludes that:
1.
The proposed project, with conditions of approval, is consistent with the policies of the
General Plan and the Zoning Ordinance in effect at the time of the application submittal
and is consistent with uses in the immediate area.
2.
The proposed project will aid in the enhancement and the hannonious development of the
immediate area. The establishment, maintenance, or operation of the use will Rot be
detrimental to the public health, safety, peace, morals, comfort or general welfare of
persons residing or working in the neighborhood of such proposed use.
3.
The proposed use will not be detrimental or injurious to property and improvements in the
neighborhood or to the general welfare of the City and its residents.
4.
The proposed project with the conditions imposed, will not have a significant adverse
impact on the environment and a Mitigated Negative DeClaration has been prepared for
the project.
5.
The proposed site is adequate in size and shape to accommodate the proposed use and site
i~provements.
6.
These conditions are required as related and proportional to the impacts of the project.
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. 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.
City Council Ordinance No.
SDP 97-0l/S 97-20 - 1999 S. Bascom Avenue - Prunevard
, -
Page 5
1.
Project Approval: Approval is granted for a Special Development Permit (SDP 97-01) and
Site~d Architectural Review Permit (S 97-20) allowing development on property located
at 1999 S. Bascom Avenue consisting of the following:
.
A six story, 130,000 gross square foot office building and;
A four level parking garage containing 730 parking spaces;
.
Project approval shall substantially comply with project plans prepared by Hornberger and
Worstell, Inc. stamp dated 10/30/97, except as modified by the Conditions of Approval
contained herein.
2.
Revised Office Building Elevations
A Building Materials: Applicant shall continue to work with staff on resolving the design
of the roof screen (eliminate angled design) or integrate similar roof screens on the two
existing office buildings to provide consistency with the architectural design of the
existing office development. The Exterior facade detail of the roof enclosure shall be
subject to review and approval by the Community Development Director prior to
issuance of building permits for the office structure.
B. Garage Materials and Colors: Applicant shall work with staff to select appropriate
building colors for the parking garage, the roof of tower and alternative material for
the elevator tower roof that is architecturally compatible with the existing
developments on the subject property. The roof materials and colors of the parking
garage shall be subject to review and approval by the Community Development
Director prior to issuance of building permits.
3.
Approved Materialsrrreatment: Applicant shall submit final sample materials indicating
pedestrian level details, hardscape, mesh screening for the parking garage, and samples of
actual finishes and colors that will be utilized on all new buildings, walkways, and
courtyard areas shall be subject to review and approval by the Community Development
Director prior to issuance of building permits.
4.
Architectural Details: Applicant shall submit a site plan and illustrated brochures
indicating the location and design of architectural features such as outdoor furniture,
bicycle parking facilities, and non-fixed landscape planters,that will be utilized in the new
building areas for approval by the Community Development Director.
5.
Final Site Plan: _Applicant shall submit a final site plan indicating circulation and parking
modifications for review and subject to approval by the Community Development Director
and' the Public Works Director for substantial compliance with approved plans prior to
issuance 0 f building permits.
City Council Ordinance No.
SDP 97-01/S 97-20 - 1999 S. Bascpm Avenue - PfUlleyard
Page 6
6.
Development Schedule: Construction of the office tower, parking garage and hotel
expansion shall commence within one year from the date of project approval and shall be
completed within one year following the commencement of construction.
7.
Parking and Driveways: All parking and driveway areas shall be developed in compliance
,"ith the approval and plans and Chapter 21.50 (Parking and Loading) of the Campbell
Municipal Code subject to review by the Community Development Director.
8.
On-site Lighting: On-site lighting shall be shielded away from adjacent properties and
directed on site. Details of project lighting shall be approved by the Planning Department
prior to the issuance of building permits.
9.
Landscape Plan: Applicant shall submit four (4) sets of the final landscaping plan
indicating the type and size of plant material including on-site trees, planting details and
irrigation system to the Community Development Director for review and approval prior to
the issuance of building permits. The plan shall include the number of trees proposed for
removal or relocation due to construction, or circulation improvements. Any trees subject
to removal or relocation shall be identified by size, type, number and species.
10.
Tree Protection: A tree protection plan prepared by a licensed arborist shall be submitted
to the Planning Division providing tree protection measures during all phases of
demolition, resurfacing, or construction. All trees damaged during construction shall be
replaced with three trees for every one removed. The size of replacement trees shall be 24
inch box. .
11.
Off-site Landscaping: The applicant shall submit landscaping plans indicating installation
of 24-inch box Redwood trees and irrigation along the Caltrans right-of-way adjacent to
the western property line to supplement existing landscaping in order to screen the site
from view from Highway 17. The plan shall be submitted to the Campbell CommUIÙty
Development Director for approval prior to submittal to the California Department of
Transportation (Caltrans). The planting of trees shall be spaced consistent with the spacing
of trees along the Highway 17 right-of-way northern of Hamilton Avenue. All necessary
approvals and permits for landscaping on land located in the Caltrans right-of-way must be
obtained at the expense of the applicant from the California Department of Transportation.
The submittal of the off-site landscape plans shall be coordinated by the Campbell
Community Development Department. The applicant shall be responsible for maintaining
the trees for the first five years following their installation. .
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City Council Ordinance No_-
SDP 97-01/S 97-20 - 1999 S. Basc,om Avenue - Pruneyard
Page ì
12.
SÜmaQe Program: No signage is approved as part of the development applications approved
herem (SDP 97-01, S 97-20, UP 97-11). The applicant shall submit a sign program
indicating all new signs for the site which are intended for the advertisement of uses within
the site. No sign shall be installed until such application is approved and a permit issued by
the Community Development Department, Planning Commission or City Council as
specified in Section 21.53. of the Zoning Ordinanc-.; (Sign Ordinance).
13.
Freewav Signs:
Council.
All new or refaced freeway oriented signs require approval from the City
14.
Construction Mitigation Measures: The applicant shall implement mitigation measures as
specified in the Expanded Initial Study dated 10/22/97 (pages 39-40) prepared by David 1.
Powers and Associates, Inc. including the following:
I. Construction activities will be limited to daytime hours of 8:00 am to 5 :00 p.m.
weekdays and 9:00 a.m. to 4:00 p.m. Saturdays. Construction is prohibited on Sundays
and Holidays,
2. No pile driving is allowed for construction of the garage.
3. All internal combustion engines for construction equipment used on the site will be
properly muffled and maintained.
4. Unnecessary idling of internal combustion engines is strictly prohibited.
5. All stationary noise generating construction equipment, such as air compressors and
portable power generator, will be located as far as practical from the existing residences
and businesses.
6. Occupants of the Aloha Apartment complex and tenants of the Prune yard will be notified
of the construction schedule in writing, and an on-site contact person and phone number
shall be provided in the notice.
7. All active construction areas shall be watered at least twice daily.
8. Cover all trucks hauling soil and other loose materials stationed or prior to leaving the
site.
9. Pave, apply water, or apply non-toxic soil stabilizers on all unpaved surfaces, and staging
areas at the construction site.
10. Sweep daily all paved access roads, parking areas, staging areas, and adjacent public
streets as directed by the City Engineer.
11. Enclose, cover, water or apply soil binders to exposed stockpiles.
12. Limit traffic speeds on unpaved surfaces to 15 mph.
13. Install sandbags or other erosion control measures to prevent runoff to all roadways,
waterways or pubic walkways accessed by the public. '
14. Replant vegetation in disturbed areas as soon as possible. .
15. Establish a program for participation of vehicle trip reduction by construction crews.
16. Provide a monthly status report to the Building Official verifying conditions of the site,
progress of construction and the implementation of construction mitigation measures.
City Council Ordinance No.
SDP 97-01lS 97-20 - 1999 S. Bascom Avenue - Prunevard
. .
Page 8
l5.
Parkin!? during Construction: Prior to the issuance of building pennits, the applicant shall
submit.a diagrammatic site plan and narrative description indicating the location(s) and
number of parking spaces that will be displaced during construction, any proposed stacking
area and the number of cars accommodated on-site in the stacking area, the number and
schedule of attendants supervising the temporary parking arrangements, and the location of
off-site parking and :::n.uttle for tenants of the Pruneyard. The temporary parking plan shall be
subject to review and approval by the City Council prior to issuance of building permits.
16.
Archaeological Mitigation and Monitorin!? Pro!p"am: Provide an archaeological monitoring
program prepared by a qualified archaeologist to monitor all subsurface excavation and
construction for review and approval by the Community Development Director prior to the
issuance of building permits. The program shall be consistent with the mitigation measures
specified in the Expanded Initial Study dated 10/22/97 (page 41) prepared by David J. Powers
and Associates, Inc.
17.
Demolition Permit: The applicant is required to obtain a demolition pennit, subject to review
and approval by the Building Official prior to the demolition of structures or other on-site
improvements that will be removed in conjunction with the approved plans.
18.
Traffic Circulation
A Campisi Dedication: Applicant shall reserve a "no build" area on the subject property to
provide for the future extension of Campisi Way in a form acceptable to the City Attorney
and the City Engineer. .
B. Campisi Way A!p"eement and Contribution: The applicant shall agree to enter into a street
improvement agreement to design and construct Campisi Way fiom its present terminus
- onto the Pruneyard property and to contribute a minimum of $600,000.00 as a proportional
share of the cost to extend Campisi Way to the Pruneyard property consistent with the
Circulation Element of the Campbell General Plan. The cost to extend Campisi Way will
include design/engineering, land acquisition, severance costs, construction, and demolition
of structures at the Aloha Apartments necessary to accommodate the roadway. The
agreement shall stipulate that the applicant will be responsible for designing, bidding and
constructing the roadway with the City contributing up to $600,000.00 toward the costs of
acquisition and/or construction of the roadway. Any project cost savings below $1.2
million shall be shared equally between the City and th~ applicant. The distribution of any
cost over $1.2 million shall be resolved in the street improvement agreement. The
agreement shall identify a development and improvement schedule that reasonably
coITesponds with the planned occupancy of the new office building.
City Council Ordinance No.
SDP 97-0l/S 97-20 - 1999 S. Basc~m Avenue - Pruneyard
Page 9 .
The agreement shall be in a form acceptable to the City Attorney and contain such
atiditional terms as are reasonable or customary to carry out the intent of this condition.
C. Expenditure of Funds: The funds collected for the extension of Campisi Way shall be
deposited, invested and accounted for pursuant to California Government Code Section
66006. If the necessary funds are not appropriated by the City for the construction of
the Campisi Way extension within five years, the City shall retain $400,000 to be used
to improve traffic circulation in the vicinity of the Pruneyard to offset vehicle trips
generated by the new development and shall refund $200,000 to the applicant. The
extension of Campisi Way is not required prior to the development or occupancy of the
approved projects pennitted under SDP 97-01, S 97-20, and UP 97-11.
D. On-site Property Modifications: The applicant shall be responsible for the costs of all
on-site modifications( e.g. parking, curbs, flat work, etc.) necessary to accommodate a
future terminus of Campisi Way to the Pruneyard property, at the time the extension is
constructed.
E. Replacement Parking: The applicant shall work with the City to accommodate parking
displaced by the Campisi expansion.
19.
Los Gatos Creek Trail Access: Applicant shall prepare appropriate plans and/or studies as
directed by the City Engineer to determine an appropriate location to relocate the existing
access to the Los Gatos Creek Trail from the Pruneyard property. Construction of the
connection shall be completed by the applicant prior to the issuance of a certificate of
occupancy for the new office building. If the Campisi Way extension is implemented then
the existing access off of Campisi Way will satisfy this condition.
20.
Puþlic Storm Drainage Facilities: Applicant shall undertake a study in accordance with
generally accepted engineer practice to determine requirements for relocation of public
storm drainage facilities, if any, and for relocation of public utilities, if any, as required to
meet these conditions of approval. If required, submit storm drainage relocation plans
and/or public utility relocation plans.
21.
Replacement of Pavement Surfaces: The applicant shall work with staff to ascertain the
condition of existing paved surfaces throughout the Pruneyard and prepare a site plan
identifying failed pavement. Areas showing failure or ,disrepair shall be replaced or
rehabilitated if possible as determined by City staff. Prior to the installation of new
pavement or asphalt surfaces, the applicant shall prepare a plan for review and approval by
the Land Development Division of the Public Works Department providing section details
of th.e replacement pavement.
City Council Ordinance No.
SDP 97-0l/S 97-20 - 1999 S. Basçom Avenue - Pruneyard
Page 10
22. Speed Bumps: Submit plans showing the location and replacement of all on-site speed
bumps-with City-approved speed undulations (speed bumps).
Î"
-.J .
Under~ound Utilities: Install new on-site utilities underground per Section 20.36.150 of
the Campbell Municipal Code for any new or remodeled buildings. Provide evidence from
all utility companies that the proposed de':dopment modifications can be served. Comply
with the plan submittal, permit and fee requirements of the utilities associated with new or
modified service connections.
24. Grading Plans: All grading plans shall meet City standards as deemed appropriate for the
proposed development. A grading permit shall be required in conjunction with building
permits.
25.
Drainage Plans: Submit grading and drainage plans with hydrology and hydraulic
calculations for existing on-site drainage improvements and for proposed on-site grading
improvements showing proposed pad elevations of new structures, existing and proposed
on-site and off-site grading and storm drainage systems and controlled site drainage onto
public right-of-way.
26.
Grading/Erosion Control Plans: Submit final grading, grading and erosion control plans to
the Community Development and Public Works Departments for approval prior to issuance
of building or grading permits.
27.
Modified Storm Drainage Easement: The applicant shall modify the existing 20-foot wide
City storm drainage easement that lies parallel and immediately adjacent to the westerly
property line of the Pruneyard to reflect the allowed encroachment of approximately 175
feet in length of the western building wall of the parking garage. The encroachment into
th~ easement in a westerly direction, shall not exceed four feet six inches. The revised
easement description shall be subject to review and approval by the City Engineer and the
City Attorney.
28.
Encroachment Permits: Submit application for an encroachment permit(s), pay fees and
post surety for any construction within the City's right-of-way.
29.
National Pollutant Discharge Elimination Permit (NPDES): The applicant is advised that
the Regional Water Quality Control Board requires that al,l construction projects on sites
larger than five acres must obtain a National Pollutant Discharge Elimination (NPDES)
permit.. Permit conditions may require construction and post-construction storm water
management plans. The applicant is responsible for obtaining this permit, providing plans
and paying associated fees. Copies of the permits shall be provided to the Community
Development and Public Works Departments prior to the issuance of building permits.
City Council Ordinance No.
SDP 97-01lS 97-20 - 1999 S. Bascom Avenue - Pruneyard
Page 11
The applicant shall comply with the California Storm Water Best Management Practices
Handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley Water
District.
30.
Utilities: All utilities and utility pedestals for new or modified building areas shall be
diagrammed on a site utility plan indicating the location of the pedestals and how the
equipment will be screened prior to the installation of any utility pedestals (transformers)
on site, subject to the review and approval by the Community Development Director.
31.
Garbage Collection: Trash containers of a size and quantity necessary to serve new or
modified building areas shall be located in areas approved by the Fire Department. Unless
otherwise noted, enclosures, shall consist of a concrete floor surrounded by a solid wall or
fence and have self-closing doors of a size specified by the Fire Department. All
enclosures to be constructed at grade level and have a level area adjacent to the trash
enclosure area to service these containers.
"7
.J-.
Mechanical Equipment: All roof-mounted and ground level mechanical equipment, on
new or remodeled structures on site, which are visible from the public right of way shall be
screened with similar building materials subject to the approval of the Community
Development Director.
33.
Handicapped Accessibility: All new and remodeled buildings shall provide handicap
access in accordance with the Uniform Building Code (UBC), and the Uniform Federal
Accessibility Standards (UFAS) and the Federal Americans with Disabilities Act (ADA).
34.
Truck Deliveries and Trash Collection: Trash pick-up and Truck deliveries adjacent to the
northern boundary of the site will not be allowed earlier than 6:00 a.m. prior to and
fol!owing the development approval ofSDP 97-01/S 97-20IUP 97-11.
35.
Transportation Demand Management: Applicant shall participate in a Transportation
Demand Management (TDM) program for future tenants and incorporate participation in
such program through the covenants, conditions and restrictions. This program shall
incorporate, but is not limited to the following:
I. Provision of Bicycle Parking Facilities.
2. Participation in shuttle/car pool service to public transit facilities such as light rail
stations or park and ride lots when these facilities are constructed.
3. Accommodation of bus stop locations, if public bus service is provided to the site.
4. Van car pool priority parking spaces.
5. Provision of changing facilities for employees bicycling to work in the new office
building.
City Council Ordinance No.
SDP 97-01/S 97-20 - 1999 S. Basc~m Avenue - Pruneyard
Page 12 .
~
36.
Car Detailinl? Station: The applicant shall provide a detailed operational statement and
planS'indicating the location of the car detailing station on the ground floor of the parking
garage for review and approval by the Community Development Director and the Public
Works Director. The operation of the car detailing station shall comply with all
regulations, and practices and obtain all necessary permits to comply with the non-point
source pollution controls/management.
PASSED AND ADOPTED this 20th day of
vote:
January
, 199~, by the following roll call
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEM:BERS: Conant, Furtado, Dougherty, Watson
COUNCILMEMBERS: None
COUNCILMEM:BERS: None
COUNCILMEMBERS: Dean
APPROVED:
ATTEST:
t2-AÞ-
Anne Bybee, City Clerk