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PlanningARCHERNORRIS A PROFESSIONAL LAW CORPORATION MEMORANDUM TO: Stuart Wagner FROM: Glenn Mau DATE: February 8, 2013 FILE NO: T0070-150 RE: CC&Rs for Palomar - City Required Provisions To facilitate the City's review of the draft CC&Rs for Palomar, this memo shall identify the condition of approval and the section in the CC&Rs that satisfies the condition: Condition Location in CC&Rs The HOA to monitor and regularly maintain Section 5.5 the storm water treatment system in accordance with manufacturer's recommendations (MND, Section 9, page 3) Vehicle washing, repairing and maintaining Section 4.16 activities are prohibited on the project site including, but not limited to, garages and common parking areas (MND, Section 9, page 3) All landscaping, including, but not limited to Sections 5.1.1, 5.2 and 5.3.7 infiltration plantings, shall be maintained as depicted on the final landscaping plan (MND, Section 9, page 3) Long term property maintenance and continued Articles V (maintenance) and VI (architectural architectural integrity of the project control) (Resolution No. 11424-, No. 9) Formation of an HOA (COA 9.a) Article VII Continued architectural controls to ensure the Article VI architectural integrity of the project (COA 9.b) WALNUT CREEK SACRAMENTO NEWPORT BEACH LOS ANGELES T0070150/1524449-1 Definition of common areas to be maintained Sections 2.9, 2.10, 5.1 and 5.2 and provision of maintenance of these areas (COA 9.c) Definition of rights of use, allowable landscape Sections 3.5.8, 3.5.12 and 4.20 or open space improvements, and access rights for the side yard easements (COA 9.d) Funding mechanism to ensure maintenance and I Article IX upkeep of common areas (COA 9.e) Ongoing maintenance of the private roadways, Section 5.1 landscaping and sound walls, as necessary (COA 9.0 Graffiti removal from sound walls and fences within a reasonable period of time (COA 9.f) Ongoing maintenance of the landscaped park strip and tree wells in the public right of way including, but not limited to, trees, lawn, plantings, irrigation, etc. Trees shall be pruned to allow the tree to grow to a mature height (COA 9.g, 27) Regular monitoring and maintenance of the storm water treatment system (COA 91) Regular monitoring and maintenance of the private sanitary system (COA 9.i) Availability of garage space to park 2 vehicles (COA 9 j) Section 5.1.4 Section 5.2 Section 5.5 Sections 5.1.2 and 5.1.3 Sections 4.8 and 4.15 Prohibition of outside parking spaces for Section 4.15 storage purposes, including boats, trailers and recreational vehicles (COA 91) Prohibition of vehicle washing, repair and I Section 4.16 maintenance (COA 9.1) All landscaping including, but not limited to, Sections 5.1.1, 5.2 and 5.3.7 infiltration plantings, be maintained as depicted on the final landscaping plan (COA 9.m) GKM 2 T0070150/1524449-1 RECORDING REQUESTED BY: First American Title AFTER RECORDING RETURN TO: Glenn Mau, Esq. (SB# 138515)_ Archer Norris, A Professional Law Corporation 4695 MacArthur Court, Suite 350 Newport Beach, California 92660 Telephone: 949.9 75.8200 Facsimile: 949.975.8210 Internet. www.archemorris.com DECLARATION r6T9 COVENANTS, CONDITIONS AND RESTRICTIONS OF PALOMAR A COMMON INTEREST DEVELOPMENT ARTICLE XIV, SECTION 14.3 OF THIS DECLARATION CONTAINS BINDING NEUTRAL ARBITRATION PROVISIONS THAT INCLUDE A WAIVER OF THE RIGHT TO A JURY TRIAL. YOU SHOULD CONSULT LEGAL COUNSEL WITH ANY QUESTIONS ON THESE OR OTHER PROVISIONS OF THIS DECLARATION IF THIS DOCUMENT CONTAINS ANY RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, GENDER, GENDER IDENTITY, GENDER EXPRESSION, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, NATIONAL ORIGIN, SOURCE OF INCOME AS DEFINED IN SUBDIVISION (P) OF SECTION 12955, OR ANCESTRY, THAT RESTRICTION VIOLATES STATE AND FEDERAL FAIR HOUSING LAWS AND IS VOID, AND MAY BE REMOVED PURSUANT TO SECTION 12956.2 OF THE GOVERNMENT CODE. LAWFUL RESTRICTIONS UNDER STATE AND FEDERAL LAW ON THE AGE OF OCCUPANTS IN SENIOR HOUSING OR HOUSING FOR OLDER PERSONS SHALL NOT BE CONSTRUED AS RESTRICTIONS BASED ON FAMILIAL STATUS T0070150/1524149-2 05/22/13 TABLE OF CONTENTS Page ARTICLE I RECITALS....................................................................................................1 1.1 Description of Real Property...............................................................................1 1.2 Single Phase......................................................................................................1 1.3 Ownership Interests............................................................................................1 1.4 Common Plan for Project....................................................................................1 1.5 Boundary Modifications.......................................................................................1 ARTICLE II DEFINITIONS...............................................................................................2 ARTICLE III PROPERTY RIGHTS....................................................................................6 3.1 Association Property...........................................................................................6 3.2 Association Maintenance Areas..........................................................................7 3.3 Lot......................................................................................................................7 3.4 Partition Prohibited.............................................................................................7 3.5 Easements..........................................................................................................7 3.6 Provisions Restricting Delegation of Use..........................................................10 3.7 No Restriction on Owner's Right to Ingress and Egress....................................10 ARTICLE IV USE RESTRICTIONS.................................................................................10 4.1 Alterations.........................................................................................................10 4.2 Animals.............................................................................................................10 4.3 Antenna and Satellite Dish Equipment..............................................................11 4.4 Burning.............................................................................................................11 4.5 Compliance with Project Documents.................................................................11 4.6 Drainage...........................................................................................................11 4.7 Exterior Apparatus............................................................................................12 4.8 Garages............................................................................................................12 4.9 Invitees.............................................................................................................12 4.10 Landscaping.....................................................................................................12 4.11 Liability of Owners for Damages....................................:..................................12 4.12 Mailboxes.........................................................................................................13 4.13 Mineral and Water Exploration..........................................................................13 4.14 Nuisances.........................................................................................................13 4.15 Parking.............................................................................................................13 4.16 Power Equipment and Car Maintenance...........................................................14 4.17 Prohibition of Dumping Oil and Chemicals........................................................14 4.18 Rental of Lots and Residences.........................................................................14 4.19 Restrictions in Front Yards................................................................................14 4.20 Restrictions in Side Yards.................................................................................15 4.21 Restrictions on Business...................................................................................16 4.22 Signs and Flags................................................................................................16 4.23 Solar Energy Systems......................................................................................16 4.24 Sports Apparatus..............................................................................................17 4.25 Storage of Waste Materials...............................................................................17 4.26 Use and Occupancy.........................................................................................17 4.27 Window Coverings............................................................................................17 T0070150/1524149-2 TABLE OF CONTENTS (continued) Page ARTICLE V MAINTENANCE OBLIGATIONS.................................................................18 5.1 Maintenance of Association Property................................................................18 5.2 Maintenance of -Association Maintenance Areas...............................................18 5.3 Maintenance of Lots and Residences...............................................................19 5.4 Maintenance of Party Walls ..... :........................................................................ 19 5.5 Maintenance of Stormwater Treatment Systems................................................19 5.6 Failure of Owner to Maintain....................................:........................................21 5.7 Utility Bills.........................................................................................................21 5.8 Other Association Obligations...........................................................................21 5.9 Inspection and Maintenance Guidelines...........................................................21 ARTICLE VI ARCHITECTURAL REVIEW AND APPROVAL PROCEDURES.................21 6.1 Formation and Composition of ACC..................................................................21 6.2 Duties of the ACC.............................................................................................22 6.3 Design Guidelines.............................................................................................22 6.4 Submission of Plans.........................................................................................22 6.5 Basis for Review...............................................................................................22 6.6 Form of Approvals, Conditional Approvals and Denials.....................................23 6.7 Reconsideration of Denial of Application...........................................................23 6.8 Proceeding with and Completion of Work.........................................................23 6.9 Compliance with Approval................................................................................24 6.10 Compliance with Governmental Agency Procedures........................................24 6.11 Waiver ...................................... ........................................................................ 24 6.12 No Liability........................................................................................................24 ARTICLE VI 7.1 7.2 7.3 7.4 ARTICLE VIII 8.1 8.2 8.3 8.4 8.5 ARTICLE IX 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 ASSOCIATION ADMINISTRATION, MEMBERSHIP AND VOTING ............ 24 Association to Manage Project..........................................................................24 Membership......................................................................................................24 Transferred Membership...................................................................................25 Voting................................................................................................................25 POWERS, DUTIES AND LIMITATIONS OF THE ASSOCIATION ..............25 Powers and Duties of Association.....................................................................25 Property Taxes and Assessments.....................................................................27 Dischargeof Liens............................................................................................27 Paymentof Expenses.......................................................................................27 DisputeResolution............................................................................................28 ASSESSMENTS........................................................................ Agreementto Pay............................................................................ Purpose of Assessments ........................... Exemptions from Regular Assessments .... Regular Assessments ................................ Special Assessments ................................. Reimbursement Assessments ................... Commencement of Assessments .............. Accounts .................................................... T0070150/1524149-2 .................28 .................28 .................28 .......................................................28 .......................................................29 .......................................................29 .......................................................29 .......................................................30 .......................................................30 TABLE OF CONTENTS (continued) 9.9 Enforcement of Assessments .............................. 9.10 Satisfaction of Lien .............................................. 9.11 Lien Eliminated by Foreclosure ............................ 9.12 Waiver of Homestead Protections ........................ 9.13 Subordination of Lien ........................................... Page ........................................... 30 ...........:............................... 31 ................................ .......31 ................................. .....31 ........................................... 31 ARTICLE X AMENDMENT AND ENFORCEMENT OF RESTRICTIONS .......................31 10.1 Amendment of Declaration...............................................................................31 10.2 Enforcement ............................................. :....................................................... 34 ARTICLE XI BUDGETS AND FINANCIAL STATEMENTS..............................................35 11.1 Preparation and Distribution of Budget...............................................................35 11.2 Annual Report..............................................................................................I.....35 11.3 Quarterly Reconciliation....................................................................................35 11.4 Reserve Account Study....................................................................................35 11.5 Notice of Increased Assessments.....................................................................35 11.6 Statement of Outstanding Charges...................................................................35 11.7 Owner's Right to Conduct an Independent Audit...............................................35 ARTICLE XI INSURANCE, DESTRUCTION AND CONDEMNATION .............................35 12.1 Insurance..........................................................................................................35 12.2 General Provisions and Limitations...................................................................36 12.3 Types of Coverage...........................................................................................37 12.4 Waiver of Subrogation......................................................................................38 12.5 Insurance by Owner..........................................................................................38 12.6 Annual Review of Policies.................................................................................38 12.7 Payment of Premiums.......................................................................................38 12.8 Damage or Destruction.....................................................................................38 12.9 Condemnation..................................................................................................40 ARTICLE XI II MORTGAGEE PROTECTIONS ...........:....................... 13.1 Mortgages Permitted........................................................................................40 13.2 Priority of Mortgage..........................................................................................40 13.3 Rights of Institutional Mortgagees.....................................................................41 13.4 Rights of Mortgagees Upon Default of Mortgagor.............................................41 13.5 Payment of Taxes or Premiums by Mortgagees................................................41 13.6 Effect of Breach................................................................................................41 13.7 Conflict with Declaration...................................................................................41 13.8 Notice to Mortgagees........................................................................................41 13.9 Inspect Books and Records..............................................................................42 ARTICLE XIV DISPUTE RESOLUTION PROCEDURES..................................................42 14.1 In General.........................................................................................................42 14.2 Disputes Between Association and Owners......................................................42 14.3 Post -Close of Escrow Disputes Between Association/Owner and Declarant..........................................................................................................43 14.4 Affirmative Defenses Applicable to Right to Repair Act Disputes ......................47 T0070150/1524149-2 �i TABLE OF CONTENTS (continued) Page 14.5 Exceptions; Admissibility of Communications; Statute of Limitations.................48 14.6 Legal Proceeding Against Declarant.................................................................49 ARTICLE XV ENFORCEMENT OF BONDED OBLIGATIONS.........................................49 15.1 Bonded Obligations..........................................................................................49 15.2 Release of Bond...............................................................................................50 ARTICLE XVI GENERAL PROVISIONS...............:............................................................50 16.1 Term..................................................................................................................50 16.2 Owner's Compliance.........................................................................................50 16.3 Notices.............................................................................................................51 16.4 Notice of Transfer.............................................................................................51 16.5 Delivery of Project Documents to Transferee.....................................................51 16.6 Easements Reserved and Granted...................................................................51 16.7 Termination of any Responsibilities of Declarant...............................................51 16.8 Mergers and Consolidations..............................................................:..............51 16.9 Limitation of Restriction on Declarant................................................................51 16.10 Assignment by Declarant..................................................................................52 16.11 Annexation Rights.............................................................................................52 16.12 Severability.......................................................................................................52 16.13 Estoppel Certificate...........................................................................................53 16.14 Successor Statutes...........................................................................................53 16.15 Conflict with Project Documents.......................................................................53 16.16 Exhibits..............................................................................................................53 16.17 Headings..........................................................................................................53 .16.18 Owner's Acknowledgment................................................................................53 16.19 Construction of Provisions................................................................................53 T0070150/1524149-2 -iv- DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF PALOMAR THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF PALOMAR is made on the date hereinafter set forth by TAYLOR MORRISON OF CALIFORNIA, LLC, a California limited liability company (herein referred to as "Declarant'). Palomar is a stand-alone, residential community comprised of single family detached homes in the City of Campbell, County of Santa Clara, State of California, being developed by Declarant. Declarant's current development plan for the community is that there will be a maximum of 25 homes, private streets and landscaped areas. However, there is no guarantee that the community will be developed or completed as presently proposed, and nothing in this Declaration shall be construed to require Declarant to develop the maximum number of -homes approved, and that there may be increases or decreases if there are any changes, amendments to the governmental approvals for the community. ARTICLE I RECITALS 1.1 Description of Real Property. Declarant is the Owner of that certain real property in the City of Campbell, State of California, more particularly described on the final map entitled "Tract 10182" filed for record on , 2013, in Book of Maps, at Pages through , inclusive, in the Official Records of Santa Clara County, California. 1.2 Single Phase. Declarant has improved or intends to improve the Project by subdividing it into Lots, Association Property, and other improvements, as defined hereinbelow. Declarant intends to sell each Lot to a separate party (each, an "Ownetr''). Declarant intends to develop the Project in one Phase. 1.3 Ownership Interests. Each Owner shall receive fee title to his/her Lot, mandatory membership in the Palomar Homeowners Association, a California nonprofit mutual benefit corporation, a non-exclusive easement for use, enjoyment, ingress and egress over the Association Property, Association Maintenance Areas, and such other interests as are provided herein. 1.4 Common Plan for Project. By this Declaration, Declarant intends to establish a common scheme and plan for the possession, use, enjoyment, repair, Maintenance, restoration and improvement of the Project and interests therein conveyed and to establish thereon a common interest development. 1.5 Boundary Modifications. If the boundaries of real property change as a result of one or more subsequently recorded final maps, amended final maps, parcel maps, amended parcel maps, certificates of correction, lot line adjustments and/or records of survey, then for all purposes of this Declaration. 1.5.1 Added to Lot. Real property which is removed from a Lot and added to another Lot shall thereafter be part of that other Lot; T0070150/1524149-2 -1- 05/22/13 1.5.2 Removed from Declaration. Real property which is removed from Association Property and added to real property which is not subject to this Declaration shall no longer constitute a part of such Association Property and shall no longer be subject to this Declaration; and 1.5.3 Added to Declaration. Real property not subject to this Declaration which is added to Association Property shall be part of the Association Property to which it is added and shall automatically be subject to all provisions of this Declaration. NOW, THEREFORE, Declarant hereby declares that the Project shall be held, conveyed, mortgaged, encumbered, leased, rented, used, occupied, sold and improved, subject to the following declarations, limitations, covenants, conditions, restrictions and easements, all of which are for the purpose of enhancing and protecting the value and attractiveness of the Project, in accordance with the plan for improvement of the Project and the division thereof into Lots. Pursuant to California Civil Code §§ 1353 and 1354, all of the limitations, covenants, conditions, restrictions and easements shall constitute covenants which shall run with the land, be enforceable as equitable servitudes, and shall be binding upon Declarant and its successors and assigns, and all parties having or acquiring any right, title or interest in or to any part of the Project. ARTICLE II DEFINITIONS In addition to other definitions provided for herein, the following terms shall have the following meanings: 2.1 "Additional Charges" shall mean costs, fees, charges and expenditures, including, without limitation, attorney's fees, late charges, interest and recording and filing fees actually incurred by the Association in collecting and/or enforcing payment of Assessments, fines and/or penalties. 2.2 "Alteration" shall mean constructing, performing, installing, remodeling, repairing, replacing, demolishing, and/or changing the color or shade of any Improvement. The term "Alteration" does not include repainting or refinishing any Improvement in the same color, hue, intensity, tone, and shade or repairing any Improvement with the same materials. 2.3 "Antenna Equipment" shall individually and collectively refer to any and all television, video or radio poles, antennae, satellite dishes, cables, other transmission and/or reception fixtures, or other over -the -air receiving device or related or similar personal property. 2.4 "Antenna Laws" shall refer to Title 47 U.S.C. §§ 1 et seq., 47 CFR § 1.4000 and any other applicable state, federal and local laws, rules and decisions promulgated with respect thereto, pertaining to the use, installation and maintenance Antenna Equipment. 2.5 "Architectural Control Committee" or "ACC" shall mean the committee referenced in Article VI of this Declaration. 2.6 "Articles" shall mean the Articles of Incorporation of Palomar Homeowners Association, a California nonprofit mutual benefit corporation, and any amendments thereto. T0070150/1524149-2 -2- 05/22/13 2.7 "Assessment" shall mean that portion of the cost of maintaining, improving, repairing, operating and managing the Project which is to be paid by each Owner as determined by the Association and as more particularly set forth in Article IX of this Declaration. 2.8 "Association" shall mean Palomar Homeowners Association, a California nonprofit mutual benefit corporation, the Members of which shall be the Owners of Lots in the Project, their successors and assigns. 2.9 "Association Maintenance Areas" shall mean those areas of the Project that the Association shall be required to Maintain, repair and replace, but which are not owned in fee by the Association. It is anticipated that Association Maintenance Areas shall include, but not be limited to, the front yards of Lots, and the paseos, as further described herein. 2.10 "Association Property" shall mean Lots A and B, as shown on the Map, and all Improvements thereon. Association Property shall be "common area" as that term is defined in California Civil Code § 1351(b). 2.11 "Association Rules" shall mean rules and regulations regulating the use and enjoyment of the Project which may be adopted by the Board from time to time. 2.12 "BMPs" shall mean Best Management Practices as it pertains to the management of stormwater maintenance management, as set forth in this Declaration. 2.13 "Board" or "Board of Directors" shall mean the Board of Directors of the Association. 2.14 "Bond" shall mean a bond, security or other arrangement to secure performance of the commitment of Declarant to complete Association Property Improvements. time. 2.15 "Bylaws" shall mean the Bylaws of the Association, as amended from time to 2.16 "City" shall mean the City of Campbell, the City in which the Project is located. 2.17 "Common Expenses" shall mean and include the actual and estimated expenses of operating the Project and any reasonable reserve for such purposes as found and determined by the Board and all sums designated as Common Expenses by or pursuant to the Project Documents. 2.18 "County" shall mean the County of Santa Clara, California, the County in which the Project is located. 2.19 "Declarant" shall mean Taylor Morrison of California, LLC, a California limited liability company, its successors and assigns, if such successors and assigns are assigned the rights of Declarant pursuant to Article XVII, Section 16.10 hereof or if such successor or assign is a mortgagee acquiring Declarant's interest in the Project by foreclosure or by deed in lieu of foreclosure. 2.20 "Declaration" shall mean this Declaration, and any amendments, modifications or supplements thereto. T0070150/1524149-2 -3- 05/22/13 2.21 "Design Guidelines" shall refer to architectural rules, regulations and guidelines that may be adopted by the ACC, in its sole discretion. The Design Guidelines may impose specific requirements on individual Units if those requirements are reasonable in light of specific topography, visibility or other factors. Design Guidelines shall constitute "Association Rules." 2.22 "DRE" shall mean the California Department of Real Estate, and any successor entity, agency, department, commission, council and/or bureau. 2.23 "Eligible First Mortgagee" shall mean any Institutional Mortgagee who has requested notice by sending a written request to the Association, stating both its name and address and the Lot, or address of the Lot encumbered by the Mortgage and requests that the Association deliver written notice to it of any or all of the events specified in Article XIII, Section 13.7. 2.24 "Final Public Report" shall mean the final public report issued by the DRE or any successor state agency pursuant to the Subdivided Lands Act (California Business & Professions Code §§ 11000, et seq.) as it may be amended from time to time. 2.25 "Homeowner's Manual" shall mean the documents provided to original Owners by Declarant, as may be updated and amended from time to time, including, but not limited to, fixtures, appliances, windows, siding, landscaping, etc., originally installed by Declarant, and which sets forth obligations, procedures, operation and schedules pertaining to certain products manufactured by others and installed on the Lot and/or Residence, including warranty terms, usage instructions, Maintenance Obligations and schedules for the Owner to Maintain the Improvements for which an Owner is responsible. Each Owner shall be responsible to ensure that the subsequent purchaser of such Owner's Lot is aware of and is given the Homeowner's Manual. 2.26 "Improvements" shall mean all structures and improvements on the Project, including, but not limited to, buildings, outbuildings, underground installations, slope, grading, roads, curbs, gutters, storm drains, utilities, driveways, parking areas, fences, walls, screening walls and barriers, retaining walls, stairs, decks, swimming pools, spas, saunas, patios, patio covers, painting, light standards, sound equipment, windbreaks, plantings, shrubbery, landscaping, irrigation system, drainage ditches, streets, street lighting, monuments, and other works of Improvement as defined in California Civil Code § 3106, excluding only those Improvements, or portions thereof, that are dedicated to the public or a public or quasi -public entity or utility company, and accepted for Maintenance by the public, such entity or utility company. 2.27 "Institutional Mortgagee" shall mean a First Mortgagee that is (a) a federally or state chartered or licensed bank or savings and loan association; (b) a mortgage company or other entity chartered or licensed under federal or state laws whose principal business is lending money on the security of real property or investing in such loans; (c) an insurance company; (d) a federal or state agency or instrumentality including, without limitation, FNMA and FHLMC; or (e) an insurer or governmental guarantor of a First Mortgage including the FHA and the VA. 2.28 "Lot" shall mean any Lot, as shown on the Map, and any other parcel of land designated as "Lot" in any recorded supplement to the Declaration. Numbered Lots shall refer those Lots upon which a Residence is intended to be constructed. Lettered Lots shall refer to Association Property. T0070150/1524149-2 -4- 05/22/13 2.29 "Maintain" or "Maintained" (but not the word "Maintenance") shall mean taking all actions reasonably necessary to keep an Improvement in first class condition and repair, which actions include but are not limited to regular inspections, painting, Maintenance, refinishing, repairing, replacing and reconstructing the Improvement, and in the case of landscaping, irrigating and fertilizing the landscaping. Owners shall have no responsibility to Maintain any Improvement Maintained by a third party or the public or quasi -public entity or utility company even if the third party or the public or a quasi -public entity or utility company fails to perform all actions required by this Declaration. 2.30 "Maintenance" shall mean the exercise of reasonable care of buildings, roads, landscaping, lighting and other related Improvements and fixtures in a state similar to their original condition, normal wear and tear excepted. Maintenance of landscaping shall further mean the exercise of regular fertilization, irrigation, and other garden practices necessary to promote a healthy, weed free environment for optimum plant growth. 2.31 "Maintenance Obligations" shall mean the Owner's or Association's obligation to perform: (i) all reasonable Maintenance consistent with the terms of the any Maintenance manual provided by Declarant, any Maintenance obligations and schedules in any warranty offered by Declarant or any manufacturer, and any Maintenance obligations and schedules otherwise provided to the Owner or Association by Declarant or any manufacturer, as applicable; (ii) any commonly accepted Maintenance practices to prolong the life of the materials and construction of all Lots, Residences and Improvements; and (iii) any Maintenance Obligations and requirements set forth in this Declaration, as amended and updated from time to time. 2.32 "Map" shall mean the final map entitled "Tract 10182" filed for record on _ , 2013, in Book of Maps, at Pages _ through , inclusive, in the Official Records of the County, California, as may be amended from time to time. 2.33 "Member" shall mean a person or entity holding a membership in the Association as provided herein. Each Owner shall constitute a Member. If there is more than one Owner per Lot, the co -owners collectively shall constitute a single Member. 2.34 "Member in Good Standing" shall mean an Owner who is not delinquent in payment of Assessments, is not in violation of any provision of the Project Documents, and/or does not otherwise have any disciplinary action pending between said Owner and the Association. 2.35 "Mortgage" shall mean a mortgage or deed of trust encumbering a Lot or other portion of the Project. A "Mortgagee" shall include the beneficiary under a deed of trust and any guarantor or insurer of a Mortgage. "First Mortgagee" or "Eligible First Mortgagee" is one having priority over all other Mortgages or holders of Mortgages encumbering the same Lot or other portion of the Project. An "Eligible First Mortgagee" shall include any holder (including FHLMC and FNMA), insurer (including FHA), or guarantor (including VA) of a First Mortgage on a Lot or other portion of the Project who has requested the Association to notify the First Mortgagee of any proposed action that requires the consent of a specified percentage of Eligible First Mortgagees. "FHA" shall mean the United States Department of Housing and Urban Development, Federal Housing Administration. "VA" shall mean the United States Department of Veterans Affairs. "FHLMC" shall mean the Federal Home Loan Mortgage Corporation. "FNMA" shall mean the Federal National Mortgage Association. Where any provision of the T0070150/1524149-2 -5- 05/22/13 Project Documents requires the approval of an Eligible First Mortgagee, the approval of the holder, insurer or guarantor of that First Mortgage shall be deemed to be the required approval. 2.36 "Notice of Lien" shall mean a Notice of Delinquent Assessment recorded as a lien against an Owner's Lot for the failure to pay Assessments as set forth in this Declaration. 2.37 "Owners " shall mean the record holder or holders of title, if more than one, to any Lot in the Project. "Owner" includes Declarant, except where specified as mutually exclusive. This shall not include contract sellers or persons or entities having any interest merely as security for the performance of an obligation. If a- Lot is sold under a recorded contract of sale (or a recorded memorandum of such contract), the purchaser, rather than the fee Owner, shall be considered the "Owner." 2.38 "Party Walls" shall mean any fence or wall (including retaining walls) constructed or composed of any material or combination of materials that are originally constructed and placed on, near or adjacent to the common boundary of two,(2) or more Lots. 2.39 "Permitted Parking Areas" shall mean garages and guest parking only spaces that are designed and established for the parking of passenger motor vehicles. "Permitted Parking Areas" do not include areas outside of the boundaries of the Project. Use of Permitted Parking Areas is described in Article IV, Section 4.15 of this Declaration. 2.40 "Project" shall mean the entire real property described in Article I, Section 1.1 above, including all structures and Improvements erected or to be erected thereon or on such real property which may be brought within the jurisdiction of the Association. 2.41 "Project Documents" shall mean and include this Declaration, as amended from time to time, the exhibits, if any, attached hereto, together with the other basic documents used to create and govern the Project, including the Map, Articles, Bylaws and Association Rules. 2.42 "Quorum" shall mean a majority of those entitled to act, except in the case of a quorum necessary for the imposition of Regular and Special Assessments set forth in Article IX. 2.43 "Residence" shall mean a dwelling structure on a Lot, including the garage that serves that dwelling structure. 2.44 "Right to Repair Act" shall refer to California Civil Code §§ 895-945.5, as may be amended from time to time. ARTICLE III PROPERTY RIGHTS 3.1 Association Property. Title to or a legal ownership interest in Association Property shall be conveyed to the Association prior to or concurrently with the conveyance of the first Lot to a non -Declarant Owner. The Association shall be deemed to have accepted the Association Property conveyed to it when (i) a grant deed conveying title to the Association Property has been recorded in the Official Records of the County, and (ii) Assessments have commenced pursuant to Article IX of this Declaration. The Association Property shall be Maintained by the Association as provided in Article V, Section 5.1 of this Declaration. When Association Property is conveyed by Declarant, an easement shall be deemed automatically T0070150/1524149-2 -6- 05/22/13 reserved over the Association Property in favor of Declarant for drainage and encroachment purposes and for ingress and egress from the Association Property for the purpose of completing Improvements thereon or for the performance of necessary repair work. Said easement in favor of Declarant shall automatically terminate five (5) years after the recordation of this Declaration. 3.2 Association Maintenance Areas. The Association shall be conveyed non- exclusive easements to the Association Maintenance Areas prior to or concurrently with the conveyance of the first Lot to a non -Declarant Owner. The Association Maintenance Areas shall be maintained by the Association as provided in Article V, Section 5.2 of this Declaration. 3.3 Lot. Each Owner of a Lot, and all Improvements thereon, shall be conveyed fee title to said Lot. 3.4 Partition Prohibited. Except as provided in California Civil Code § 1359, there shall be no judicial partition of Association Property or of any part thereof. Each Owner specifically waives and abandons all rights, interests, and causes of action for judicial partition of the Association Property. Each Owner agrees that no action for judicial partition of the Association Property shall be instituted, prosecuted or reduced to judgment, except in compliance with California Civil Code § 1359. If a Lot is owned by two or more Owners as partners, tenants -in -common, or joint tenants, or as community property, nothing contained in this Section shall be deemed to prevent a judicial partition of their co -ownership. 3.5 Easements. In addition to any and all other easements contained in this Declaration, the Project shall be subject to the following easements: 3.5.1 Architectural Control Committee Easements. The ACC and its duly authorized agents and representatives shall have a non-exclusive right and easement as is necessary to perform. its duties and obligations set forth in this Declaration, including the right to enter any Lot or Residence, subject to the limitations contained in this Declaration. 3.5.2 Association Easements. There shall be reserved in favor of the Association, an easement across, over, in and on any Lot or Residence to Maintain, repair or replace those areas as set forth in this Declaration, including Association Maintenance Areas. The easements include, without any limitation, an easement in favor of the Association across, over and upon the front yards of each Lot in order to Maintain, repair and replace landscape Improvements. This front yard easement on each subject Lot shall be located in all unfenced portions of the front yards or, if there is no fence, up to the foundation of the Residence. 3.5.3 Clustered Mailbox Easements. Declarant reserves non-exclusive easements over, across and upon the Project for (a) placement of mailbox clusters in locations required by the United States Postal Service and local governmental agencies with jurisdiction over the Project; (b) delivery, deposit and pickup of United States mail; and (c) access to and maintenance and replacement of the mailbox clusters by the Association. The actual locations of the easements referred to herein shall be determined by the as -built location of each mailbox cluster. The easements reserved hereby are appurtenant to each Lot in the Project, as necessary to ensure the Owner's reasonable access to their respective mailboxes. T0070150/1524149-2 -7- 05/22/13 3.5.4 Declarant's Reservation of Easements. Declarant hereby reserves easements over the Association Property for common driveway purposes, for drainage and encroachment purposes, for ingress and egress from buildings for the purpose of completing Improvements thereon, for the performance of necessary repair work and for compliance with requirements of any governmental agency, for the purposes of reasonable ingress and egress from, over and across the Project, including private roads and pathways; and for inspection of the Association Property and each Lot and Residence to ensure that the Project and all Improvements thereon are being Maintained in accordance with the provisions of this Declaration. Said easements in favor of Declarant shall automatically terminate ten (10) years after the conveyance of the first Lot. 3.5.5 Easements for Utilities and Maintenance. Easements over and under the Project for the installation, repair and Maintenance of electric, telephone, water, gas and sanitary sewer lines and facilities, heating facilities, cable or master television antenna lines, drainage facilities, walkways, and landscaping, as shown on the Map and/or as installed or constructed, and as may be hereafter required or needed to service the Project, are hereby reserved by Declarant and its successors and assigns, including the Association and appurtenant utility companies, together with the right to grant and transfer the same. No Owner or occupant shall commit any act that would interfere with the operation of any drainage system (including drainage swales, filterra systems, bioretention areas, etc.) installed in the Project. 3.5.6 Easements on the Map. The Project is subject to the easements and rights of way shown on the Map, but not limited to, Private Sidewalk Easements, Public Service Easements ("PSE"), Emergency Vehicle Access Easements ("EAE"), Private Storm Drain Easements ("PSDE"), Private Sanitary Sewer Easements ("PSSE"), Private Ingress and Egress Easements ("IEE") and Side Yard Easements ("SYE"). Limitations on the construction and installation of Improvements within the easements and rights of way set forth on the Map are as outlined on said Map and incorporated herein by reference as if set forth in full. 3.5.7 Encroachment Easements. Each Lot is hereby declared to have an easement over any adjoining Lot or Association Property for the purpose of accommodating any encroachment due to minor engineering errors, minor errors in original construction, settlement or shifting of the Residence, or any other cause. There shall be valid easements for the Maintenance of said encroachments as long as they shall exist, and the rights and obligations of Owners shall not be altered in any way by said encroachment, settlement or shifting; provided, however, that in no event shall a valid easement for encroachment be created in favor of an Owner or Owners if said encroachment occurred due to the willful misconduct of said Owner or Owners. In the event a structure is partially or totally destroyed, and then repaired or rebuilt, the Owners agree that minor encroachments over adjacent Lots and the Association Property adjoining the Lot due to minor engineering errors, . minor errors in construction, or settlement or shifting of the Residence, shall be permitted and that there shall be valid easements for the Maintenance of said encroachments so long as they shall exist. 3.5.8 Owners' Easements. Every Owner shall have a right and nonexclusive easement of enjoyment in and to the Association Property and Improvements located thereon, including ingress and egress to and from his/her Lot. Each such nonexclusive T0070150/1524149-2 -8- 05/22/13 easement shall be appurtenant to and shall pass with the title to the Lot, subject to the following provisions: (a) Article X, Section 10.2 of this Declaration authorizes the Board to impose monetary penalties, temporarily suspend an Owner's rights as a Member of the Association or other impose appropriate discipline for failure to comply with the Project Documents provided that the established procedures are followed for Notice and Hearing which satisfy the minimum requirements of California Corporations Code § 7341 with respect to the accused Member before a decision to impose discipline is reached. These procedures are set out in Article XIII of the Bylaws. (b) The right of the Association to dedicate or transfer all or any part of the Association Property to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such dedication or transfer shall be effective unless an instrument signed by two thirds (Z/) of the Members agreeing to such dedication or transfer has been recorded, provided, however, that no such dedication shall impair the ingress and egress to any Lot. 3.5.9 Party Wall Easements. Each Owner of a Lot containing a Party Wall and the Lot upon which such Party Wall is located shall have a reciprocal, non-exclusive easement over and across such portions of any adjacent and contiguous Lot as is necessary to Maintain, repair and/or replace the Party Wall. 3.5.10 Reciprocal Maintenance Easements. Each Owner of a Lot shall have a reciprocal non-exclusive maintenance easement over and across such portions of any adjacent or contiguous Lot or Association Property as is necessary to Maintain and repair the Lot and/or any Improvement(s) on the Lot including, but not limited to, retaining walls, fences, subsurface drainage, landscaping and irrigation. 3.5.11 Right of Entry. The Board may authorize its agents and employees to enter upon any Lot or in any Residence when necessary in connection with any Maintenance, landscaping or construction for which the Association is responsible, to effect emergency repairs, to effect necessary repairs which the Owner has failed to perform as required by this Declaration, or to inspect and/or make a determination whether an Owner is complying with the provisions of this Declaration. Such entry shall be made with as little inconvenience to the Owner as practicable and any damage caused thereby shall be repaired by the Board at the expense of the Association. Except in case of emergencies, twenty-four (24) hour advance notice shall be given to the Owner or occupant. 3.5.12 Side Yard Easements. For each Lot identified on the Map that is subject to a Side Yard Easement ("SYE'), there shall exist in favor of the Lot benefiting from the easement (the dominant tenement), a non-exclusive easement over and across a portion of the adjacent Lot burdened by the easement (the servient tenement) for the installation, Maintenance, repair and/or replacement of side yard Improvements including, without limitation, landscaping and irrigation or drainage systems. The width of the easement will be between four (4) to six (6) feet depending on location, as shown on the Map. T0070150/1524149-2 -9- 05/22/13 3.5.13 Street and Curb Maintenance Easements. There shall be reserved in favor of the Association an easement across, over and upon each Lot, as shown on the Map, that borders the private streets and parking areas within the Project for the purpose of Maintaining, repairing and replacing the private streets and curbs. 3.6 Provisions Restrictinq Delegation of Use. Any Owner may delegate their rights of use and enjoyment of the Project to the members of their family, their guests, tenants, employees, and invitees, and to such other persons as may be permitted by the Bylaws and the Association Rules, subject however, to this Declaration. However, if an Owner has sold his/her Lot to a contract purchaser or has leased or rented it, the Owner, members of the Owner's family, guests, tenants, employees, and invitees shall not be entitled to .use and enjoy any of such rights in the Project while the Owner's Lot is sold to a contract purchaser or rented to tenants. Instead, the contract purchaser, or tenants, while occupying such Lot and Residence, shall be entitled to use and enjoy such rights and can delegate the rights of use and enjoyment in the same manner as if such contract purchaser or tenants were an Owner during the period of their occupancy. Each Owner shall notify the Secretary of the Association of the names of any contract purchasers of such Owner's Lot or tenants of such Owner's Residence. Each Owner, contract purchaser, or tenant also shall notify the Secretary of the Association of the names of all persons to whom such Owner, contract purchaser, or tenant has delegated any rights of use and enjoyment and the relationship that each such person bears to the Owner, contract purchaser, or tenant. Any delegated rights of use and enjoyment are subject to suspension to the same extent as are the rights of Owners. No such delegation shall relieve an Owner from liability to the Association or to other Owner for payment of Assessments or performance of the covenants, conditions and restrictions contained in this Declaration. Any lease, rental agreement or contract of sale entered into between an Owner and a tenant or contract purchaser of a Lot shall require compliance by the tenant or contract purchaser with all. of the covenants, conditions and restrictions contained in this Declaration, which provision shall be for the express benefit of the Association and each Owner. The Association and each Owner shall have a right to action directly against any tenant or contract purchaser of an Owner, as well as against the Owner, for nonperformance of any of the provisions of this Declaration to the same extent that such right of action exists against such Owner. 3.7 No Restriction on Owner's Right to Ingress and Egress. Except as allowed in Article XVI, Section 16.9, there shall be no restriction upon any Owner's right to ingress and egress to his/her Lot, which right shall be perpetual and appurtenant to his/her Lot ownership. ARTICLE IV USE RESTRICTIONS 4.1 Alterations. Except as otherwise specifically provided in this Declaration, no Alteration may be made to any Lot or Residence until plans have been submitted and approved by the ACC, as set forth in Article VI of this Declaration. Declarant shall be exempt from obtaining approval from the ACC. 4.2 Animals. An Owner may keep a reasonable number (as may be determined by the Board in its sole discretion) of customarily uncaged household pets within the Owner's Lot. Each Owner may also maintain a reasonable number of small caged animals, birds or fish. No other animals are permitted in the Project. No animals may be kept for commercial purposes. No animals, livestock or poultry of any kind shall be raised, bred or kept in any Lot or Residence, except that dogs, cats, and other household pets may be kept, provided that they T0070150/1524149-2 -1 0- 05/22/13 are not kept, bred or maintained for any commercial purpose. Notwithstanding the foregoing, no pets may be kept on any Lot, in any Residence or anywhere in the Project that results in an annoyance or nuisance to other Owners. The Association may prohibit the keeping of any animal that in the sole and exclusive opinion of the Board constitutes a nuisance to any other Owner. No pets shall be allowed in Association Property except as may be permitted by Association Rules. No dog shall enter Association Property except while on a leash that is held by a person capable of controlling it. Owners shall prevent their pets from soiling any portion of the Association Property and shall clean up after their pets in the Association Property. 4.3 Antenna and Satellite Dish Equipment. No Owner shall install any Antenna Equipment (i) on any real property which such Owner is not entitled to exclusively use or control, as provided in any Antenna Laws, (ii) in a particular location if, in the Association's or ACC's opinion, the installation, location or maintenance of such Antenna Equipment unreasonably affects the safety of the Owners or any other person, or for any other safety - related reason established by the Association, or (iii) that is of a size larger than is permitted under the Antenna Laws. Reasonable restrictions which do not significantly increase the cost of the Antenna Equipment or significantly decrease its efficiency or performance may be imposed. No Antenna Equipment may be installed on a Lot, except as follows: 4.3.1 Antenna Equipment that is one (1) meter or less in length or diameter or diagonal measurement, provided that the location, color and screening requirements shall be in accordance with any guidelines imposed by the Association or the ACC referenced in this Declaration, which guidelines shall comply with all applicable Antenna Laws. 4.3.2 Antenna Equipment not covered under Section 4.3.1 above, the installation of which shall be approved in advance by the Association or ACC. Nothing herein shall be construed to restrict in any manner the Declarant's or government agency's right to authorize a cable television franchisee or other provider of similar services to provide cable television, radio or other similar services to the Project. 4.4 Burning. There shall be no exterior fires whatsoever except barbecue fires located only upon Lots (except in garages) and contained within receptacles designed for such purpose. Propane or electric powered barbecues or other similar equipment may be used so long as such use does not create a nuisance to neighboring Lots and Residences. No Owner or resident shall permit any condition to exist on his/her Lot or in his/her Residence, including, without limitation, trash piles or weeds, which create a fire hazard or is in violation of local fire regulations. 4.5 Compliance with Project Documents. Each Owner, contract purchaser, lessee, tenant, guest, invitee or other occupant of a Lot or Residence or user of the Association Property shall comply with the provisions of the Project Documents, including the Association Rules. 4.6 Drainage. There shall be no alteration of the drainage patterns initially installed and constructed by Declarant including, without limitation, drainage swales, drain pipes, area drains, catch basins or connections thereto, and as established by the grading and natural course of surface and subsurface water run-off without the prior approval of the ACC, and any all necessary governmental approvals and permits. Drainage patterns may not be altered or modified without prior approval from the City. T0070150/1524149-2 -11- 05/22/13 This Declaration provides notice to the Association and each Owner to devote great care and attention to grading and to establish or Maintain positive drainage away from the entire foundation line of the buildings. Positive drainage is achieved by shaping grades, establishing drainage "swales" or installing underground area drains. The swales and drains provide a receptacle and conduit to drain water away from the foundation, and the rear, side and front of the buildings to offsite drainage disposal. Swales also prevent drainage water from moving across Lots or other property. This Declaration also provides notice to each Owner that if existing drainage swales established on or around your building are interrupted, blocked, filled, or otherwise altered serious damage can result. Drainage must not be allowed to pond in a yard or run against or under a building, foundation, garage floor, driveway or other Improvements. Serious damage may result even during a short period of time. If a Residence constructed by Declarant has a roof gutter system and downspouts which are directly connected to the Project's storm drainage system, the Residence shall remain connected to the Project storm drainage system at all times; the Association and the Owners may not perform any Alteration which results in additional roof waters draining anywhere other than directly into the Project's storm drainage system. 4.7 Exterior Apparatus. No exterior clotheslines or other outside clothes drying or airing facility shall be erected or Maintained on any Lot in any location where the same would be visible from any street, Association Property, Lot or Residence. Further, no clothes washers, clothes dryers, refrigerators or freezers may be kept, stored, or operated from any exterior area of a Lot. 4.8 Garages. Each Owner shall keep his/her garage area in a neat and orderly condition with any storage areas completely enclosed. Garage doors shall be kept closed when not in use. Garages are to be used for the parking of standard passenger vehicles and trucks, and boats or the storage of similar items of personal property so long as such storage of boats and personal property will not necessitate or result in the parking of vehicles in other Permitted Parking Areas within the Project. Furthermore, garages shall not be converted to living quarters, workshops or storage which will preclude the parking of the number of vehicles for which the garage was designed to hold. Recreational vehicles, motor homes, campers, off -road vehicles, land conveyances, vessels, aircraft, boats, trailers, commercial vehicles and trucks, and other similar type vehicles are prohibited. 4.9 Invitees. Each Owner shall be responsible for compliance with the provisions of this Declaration by the Owner's Invitees. 4.10 Landscaping. All Owners are required to submit landscape plans to the ACC (or the Board if the ACC is not yet established), pursuant to Article VI of this Declaration for his/her Lot within sixty (60) days after the close of escrow, unless installed by Declarant. Installation of the approved landscaping Improvements shall be completed within sixty (60) days after approval from the ACC (or the Board if the ACC is not yet established), or as extended in writing by the Association. It is expressly understood that this provision is intended to apply only to original purchasers of the Lot from Declarant with respect to the installation of ' permanent landscape Improvements on the Lot until all Lots in the Project are sold by Declarant. 4.11 Liability of Owners for Damages. Each Owner shall be liable to the Association for all damages to the Association Property and/or Improvements thereon caused by such Owner, or any occupant or guest, regardless if that portion of said damage, if any, is fully covered by insurance of the Association. A Reimbursement Assessment (as set forth in Article T0070150/1524149-2 -12- 05/22/13 IX of this Declaration) may be imposed on an Owner and his/her Lot for all damages to the Association Property. Liability of an Owner shall be established only after notice to the Owner and hearing before the Board, as set forth in Article XIII of the Bylaws. 4.12 Mailboxes. There shall be no exterior newspaper tubes or freestanding mailboxes placed on any Lot or Residence. 4.13 Mineral and Water Exploration. Owners are prohibited from exploring the Project for or to remove any water, oil, hydrocarbons or minerals of any kind. 4.14 Nuisances. No noxious, illegal or offensive activity shall be carried on upon any Lot, Residence, or in any part of the Project, nor shall anything be done thereon which may be or may become an annoyance or nuisance to or in any way interferes with the quiet enjoyment of each Owner's Lot, Residence or the Association Property, or which may increase the rate of insurance for the Project or for any Lot, or cause any insurance policy to be canceled or to cause a refusal to renew the same, or which will impair the structural integrity of any building, structure or Improvement. 4.15 Parking. (a) Authorized vehicles to be parked within Permitted Parking Areas include, but are not limited to, standard passenger vehicles, motorcycles, and trucks (unless otherwise defined as a commercial vehicle below). Vehicles shall not be parked anywhere in the Project except in Permitted Parking Areas, as set forth in this Declaration. All Permitted Parking Areas shall be used solely for the parking of motor vehicles used for personal transportation, as described in this Section. (b) Of the uncovered spaces within the Project (along the west and north boundaries of the Project), seven (7) shall be designated as "guest parking only" spaces for the temporary parking of vehicles of guests or invitees of Owners/residents. For purposes of this Declaration, "guest parking only" spaces are those uncovered parking spaces within the boundaries of the Project. Owners or tenants of Residences are strictly prohibited from parking vehicles in "guest parking only" spaces within the Project. There shall be no other parking on the private streets within the Project, temporarily or otherwise. (c) No boat, trailer, camper, off -road vehicle, golf cart, commercial vehicle, mobile home, motor home, bus, other recreational vehicle or any dilapidated vehicle shall be parked or stored in any Permitted Parking Area. (d) There shall be no parking in driveways or driveway aprons at any time. (e) Garage doors shall remain closed, except when the garage is in use. Garages shall be kept sufficiently clear so as to permit parking of the number of vehicles for which the garage was designed to hold. (f) Commercial trucks and vehicles shall not be parked within the Project except for purposes of loading or unloading, and then for periods not in excess of six (6) hours. A commercial vehicle is defined as any truck or vehicle that (i) bears any signage or writing that gives information about or advertises any business, company or service, (ii) has more than (2) axles, (iii) is longer than twenty-one (21) feet in length from bumper T0070150/1524149-2 -13- 05/22/13 to bumper, (iv) exceeds 10,000 pounds gross vehicle weight rating, and/or (v) is not used for personal transportation. This restriction shall not apply to commercial vehicles involved in construction activities in the Project or vehicles owned and. operated by persons providing services during the time when the services are being rendered. (g) In addition to the remedies available under Article X, Section 10.2 of this Declaration, the Association may establish and implement rules and procedures from time to time under the California Vehicle Code and other statutes for the issuance of citations for violations of parking or vehicle restrictions set forth herein, for enforcement of civil penalties resulting from such citations through government authorities, if applicable, and for the removal and towing of vehicles based on, but not limited to, California Vehicle Code § 22658. (h) The Board shall also have the authority to promulgate as part of the Association Rules such further rules and restrictions regarding parking -and vehicles within the Project as may be deemed prudent and appropriate. 4.16 Power Equipment and Car Maintenance. No non -electrically powered power equipment, workshops (other than workshops that can be housed in a garage without necessitating or resulting in the parking of vehicles on the driveway, streets or other Permitted Parking Areas in violation of Section 4.15, above) or car/vehicle maintenance (defined as repairs, maintenance, washing, etc.) of any nature shall be permitted in garages or anywhere else within the Project, as required by the City's Conditions of Approval. Nothing in this Section shall prohibit the use and storage of hand gardening tools reasonably necessary for routine household and yard Maintenance and upkeep. 4.17 Prohibition of Dumping Oil and Chemicals. Owners and residents are strictly prohibited from disposing of crank case oil and other chemicals in storm drains. Owners and residents are also cautioned in the practice of fertilizing and then over watering lawns and landscaping resulting in run-off into the storm drains. Owners and residents shall exercise the best methods to prevent the disposal of crank case oil and other chemicals and run-off from over watering lawns and landscaping because of the adverse environmental effects of such actions. 4.18 Rental of Lots and Residences. Except where, expressly prohibited by some other agreement or written instrument including, but not limited to, an owner occupancy agreement, Owners may lease or rent his/her Lot. However, no Lot or Residence may be rented or leased for transient or hotel purposes which shall include, but not be limited to, rental for any period less than thirty (30) days. Initial lease terms shall be no less than six (6) months. All leases must be in writing and be expressly subject to the Project Documents, including the Association Rules, and the breach of any provision shall be a default under the lease or rental agreement. Subject to the foregoing restrictions, Owners shall have the right to lease their Lot and Residence, provided that the Board is notified of the name of the tenant and the duration of the lease. The Owner shall provide the tenant/lessee with a copy of the Project Documents. 4.19 Restrictions in Front Yards. Owners may not alter, modify or change the landscaped areas in the front yard area that will be Maintained by the Association pursuant to Section 5.2 of this Declaration. Any other alterations, modifications or changes to the front yard areas may only be done with the approval of the Board or the ACC. T0070150/1524149-2 -14- 05/22/13 4.20 Restrictions in Side Yards. Notwithstanding any other provisions in this Declaration, those Lots subject to and benefiting from a SYE are prohibited from making Alterations, installations and/or modifications to Residences and side yards that add or enlarge openings (e.g., windows, etc.) or add accessory structures including, but not limited to, sunrooms, spas, hot tubs, trellises, patio structures, play equipment, sheds, etc. In addition, for the Lots subject to the SYE described in Article III, Section 3.5.12 of this Declaration, the occupants of the dominant tenement shall have exclusive use of the SYE subject to the following terms and conditions: (a) the Owner of the dominant tenement shall install and Maintain the landscaping in the SYE; (b) the Owner of the dominant tenement may install landscaping, irrigation lines, drainage and connector lines, concrete terrace or deck not exceeding eighteen (18) inches in height from grade with railings not exceeding five (5) feet in height from the deck surface, and normal and customary patio structures that will not unreasonably interfere with the rights retained by the Owner of the servient tenement as described herein. Each Owner of the dominant tenement shall not install, construct, build or place any Improvements (including patios, decks, or similar structures) within six (6) inches from the exterior face of the Residence on the servient tenement, and there shall be no blockage or impediment along the screed line on the Residence or interference with drainage from the retaining wall along the Residence on the servient tenement. Any plantings or landscaping installed within three (3) feet from the exterior face of the Residence on the servient tenement may be irrigated using a drip irrigation system only. Spray irrigation systems that results in overspraying or watering onto the exterior face of the Residence on the servient tenement is strictly prohibited. Approval from the ACC is required prior to any installation of Improvements on the servient tenement by the Owner of the dominant tenement; (c) there shall be no permanent structures installed within the SYE. For purposes of this Section, "permanent structures" shall mean, but is not limited to, storage sheds, lattice work, trellises, awnings, fences or walls (unless installed by Declarant), decking, and play structures, that may obstruct, block or impede the ability of the Owner of the servient tenement to perform Maintenance on the Residence on the servient tenement. (d) the Owner of the dominant tenement shall not attach anything to any wall situated on the servient tenement; (e) no trees shall be planted or Maintained within the SYE except in boxes or containers; (f) the Owner of the servient tenement retains the right to enter the SYE on such notice as may be reasonable under the circumstances to repair, Maintain (including repainting) or replace the abutting building, wall or roof (including windows, eaves, gutters, leaders and drainage pipes) and any other Improvements located in or immediately adjacent to the SYE that serve the servient tenement; T0070150/1524149-2 -15- 05/22/13 (g) the Owner of the servient tenement retains the right to encroach onto the SYE with eaves, overhangs, gutters, leaders, the opening of windows, and similar encroachments that were part of or replacements to the original Improvements placed on the servient tenement; (h) the Owner of the servient tenement retains the right to connect into and use the drainage line installed in the SYE with underground drainage connection lines subject to approval from the City Engineer to ensure that subsurface and/or stormwater treatment systems to which the underground drainage lines flow are sized adequately to treat the additional flow; and (i) if any fence or wall separates the SYE from the servient and dominant tenement, said fence shallbe considered a Party Wall, as defined in this Declaration, and the Maintenance, repair and replacement of any drainage line within the SYE that provides drainage for the - dominant and servient tenements shall be shared equally by the Owners of the dominant and servient tenements. 4.21 Restrictions on Business. Except for uses on or within Lots or Residences permitted by local ordinances, the construction of Improvements and the business of Declarant in completing the development and sale of Lots in the Project, no business of any kind shall be established, maintained, operated, permitted or constructed in any portion of the Project. 4.22 Signs and Flags. Subject to the provisions of California Civil Code §§ 1353.5 and 1353.6, as amended from time to time, and the Association Rules, no signs or flags of any kind shall be displayed from view on or from any Lot, Residence, Association Property or any portion of the Project without the approval of the Association, except as follows (subject to any Association Rules): (a) Noncommercial signs or posters not to exceed nine (9) square feet in size may be displayed from a Lot or Residence; (b) Noncommercial flags or banners not to exceed fifteen (15) square feet in size may be displayed from a Lot or Residence; (c) One sign of customary and reasonable dimensions, not to exceed four (4) feet in height and four (4) feet in width, advertising a Lot for sale, lease, rent or exchange may be displayed from a Lot or Residence; (d) Such signs as may be used by Declarant or its assignees in connection with the Project and sale of Lots; or (e) Such other signs or notices as are required by law. 4.23 Solar Energy Systems. Declarant does not warrant, promise, represent or guarantee that the Residence will be "solar -ready" for any particular type or manufacturer of solar energy systems, or that it will be compatible for solar energy systems in the future. Declarant shall not be responsible for any damage caused to or resulting from any solar energy system installed on the Residence if installed by someone other than Declarant or authorized by Declarant. Notwithstanding, if an Owner does not install a solar energy system through Declarant (pursuant to California Public Resources Code § 25405.5, as amended from time to T0070150/1524149-2 -16- 05/22/13 time), in accordance with California Civil Code §§ 714 and 714.1 each Owner may install or use a solar energy system, as defined in California Civil Code § 801.5, on the Owner's Lot to serve his or her domestic needs, so long as (a) the design and location of the solar energy system meets the requirements of all applicable governmental ordinances and regulations, and (b) the design and location receives the prior written approval of the ACC (or the Board, if the ACC does not exist). 4.24 Sports Apparatus. No basketball standard, fixed sports apparatus, skateboard or bicycle ramps or similar equipment shall be attached to the exterior of any Residence or erected, constructed or placed on a Lot or in any Association Property. Portable sports. apparatus shall be kept out of view from Association Property or the Lots when not in use, and its use, including hours and locations, shall be subject to any Association Rules. The purpose of this restriction is to maintain uniformly high aesthetic standards, and to preserve the quiet enjoyment of the respective Residences by the Owners thereof. 4.25 Storage of Waste Materials. Garbage, trash and/or recycling containers shall be kept out of view and contained within the garages and/or in specified locations and may not be placed where visible from the streets except in designated curbside areas on the night before and .day that pick up is to occur. No rubbish, trash, garbage or other waste material shall be kept or permitted in any Lot or Residence except in appropriate sanitary containers, and shall be regularly removed from the Project. All storage piles shall be kept screened and concealed from view of other Lots, Residences, streets and Association Property. 4.26 Use and Occupancy. Except as may be allowed by local ordinance, no Lot or Residence, or any portion thereof, shall be occupied and used except for single family residential purposes by the Owners, their contract purchasers, lessees, tenants, or social guests. No trade, retail business or commercial activity shall be carried on or conducted within any Lot, Residence or Association Property, except that Declarant, its successors or assigns, may use any Lot, Residence or Association Property in the Project owned by Declarant for a model home site and display and sales office during construction and until the last Lot is sold by Declarant: The provisions of this Section shall not prohibit home offices so long as they are merely incidental to the use of the Lot and Residence as a dwelling, are permitted by local law, are conducted in such a manner as to not adversely affect other Owner's use and enjoyment of the Project, and have received prior written approval of the Board. 4.27 Window Coverings. Windows shall be covered by drapes, shades, shutters or other window coverings and shall not be painted or covered by foil, cardboard or other similar material. Any drapes or other window covering installed in compliance with the Design Guidelines may remain for the useful life thereof. Window coverings must be installed on all windows visible from the streets serving the Project within ninety (90) days after conveyance of title to the Lot by Declarant, unless the Design Guidelines provide otherwise. All window coverings visible from other Lots or Association Property shall be of a material, design and color which, in the opinion of the Board or ACC, is compatible with the exterior design and coloration of adjacent portions of the Project, including other Lots and Residences. T0070150/1524149-2 -17- 05/22/13 ARTICLE V MAINTENANCE OBLIGATIONS 5.1 Maintenance of Association Property. The Association shall Maintain or provide for the Maintenance, repair and replacement of all Association Property and Improvements located thereon. The Association shall keep the Association Property and Improvements thereon in good condition and repair, and provide for all necessary services and cause all acts to be done which may be necessary or proper to assure the Maintenance of the Association Property in first class condition. If any Maintenance or repair work identified in this Section (including blockage of private sewer lines) is necessitated by the acts and/or omissions. of the Owner, his/her family, guests or invitees, regardless if said acts and/or omissions were -willful or negligent, the costs of such special restoration or repairs shall be chargeable to the Owner as a Reimbursement Assessment as provided in Article IX. The Association's Maintenance Obligations include, but are not limited to the following: 5.1.1 Any landscaping in Association Property, including any infiltration plantings, shall be Maintained in an orderly, live, healthy and relatively weed -free condition, in accordance with and as shown on the City -approved final landscape plan for the Project. 5.1.2 The Association shall Maintain, repair and replace the sanitary sewer line system, storm drain system, domestic water lines, electric power service, asphalt paved area and fire protection lines located within the Association Property and through Lots up to the meters, splice boxes, or other connections that will exclusively serve a Residence, with the exception of items and services provided by the City. Thereafter, the Owners of the Lot and Residence are responsible for the Maintenance of such services. 5.1.3 The Association shall also Maintain, repair and replace any Improvements in Association Property located within private storm drainage easements and private sanitary sewer easements, wherever said Improvements are constructed and installed in the Project, including removal of blockages in private sewer lines so long as the blockage is in the Association Property. 5.1.4 The Association shall Maintain, repair and replace all walls and fences on the perimeter of the Project (i.e., that separates the Project from public streets or from neighboring properties), and remove any graffiti from sound walls and fences within a reasonable period of time. 5.2 Maintenance of Association Maintenance Areas. The Association shall Maintain or provide for the Maintenance, repair and replacement of all Association Maintenance Areas. It is anticipated that the Association shall Maintain the front yard landscaping of each Lot up to the side yard fence and/or the foundation of the Residence on the Lot, the paseos (including any pathways and landscaping within said paseos), and the landscaped park strip and tree wells in the public right of way (including, but not limited to, trees, lawn, plantings, irrigation, etc.). The Maintenance Obligations described herein shall be in a manner consistent with other similar residential developments in the vicinity of the Project, and any landscaping in Association Maintenance Areas, including infiltration plantings, shall be Maintained as depicted on the City - approved final landscaping plan. Trees within the public right of way shall be pruned in a manner that would allow the tree to grow to a mature height. T0070150/1524149-2 -18- 05/22/13 5.3 Maintenance of Lots and Residences. Except as otherwise set forth in this Declaration and in addition to other provisions herein, each Owner shall be responsible to Maintain, repair and replace all Improvements on a Lot, including, but not limited to, roofs, downspouts, siding, windows, doors, fences and the interior and exterior of the Residence, in good condition and repair, including all fixtures, appliances, appurtenances and fireplaces, if any. The Maintenance Obligations hereunder of each Owner includes, but is not limited to, the responsibility to: 5.3.1 Maintain, repair, paint, paper, panel, plaster, tile and finish the interior surfaces of the ceilings, floors, and the perimeter walls of his/her Residence, and the bearing walls within his/her Residence. 5.3.2 Repair; paint, finish, alter, substitute, add or remove any fixtures and utility connections attached to ceilings, floor or walls, including fireplaces, toilets, showers, bathtubs, sinks, kitchen appliances, lighting and plumbing fixtures, telephone facilities, doors and windows within the Residence. 5.3.3 Maintain, repair, replace and clean the interiors and exteriors of any skylights, windows, sliding glass doors, and other glass surfaces of his/her Residence. 5.3.4 Maintain, repair and replace doors, hardware, locks and screens covering doors and windows of his/her Residence. 5.3.5 Maintain, repair and replace Improvements located within the SYE (if applicable). 5.3.6 Maintain concrete walks or stoops in front yards that are entirely located within the Lot boundaries. 5.3.7 Maintain all landscaping, including, but not limited to, infiltration plantings, as depicted on the City -approved final landscape plan. 5.3.8 Comply with BMPs as it pertains to the Lot and Residence. 5.3.9 Maintain any and all surface and sub -surface drainage systems and appurtenances thereto, .retaining walls, Party Walls and all other Improvements located on the Lot and the PYE, including subsurface and area drains, pipes and swales within the PYE. Owners shall be responsible for public liability in case of injury in connection with PSEs, and for the Maintenance of utility trenches in PSEs within each Owner's Lot. 5.4 Maintenance of Party Walls. The Owners shall be responsible for the Maintenance, repair and replacement of Party Walls with the costs to be shared equally by the Owners who share the Party Wall; provided, however, that all costs of any Maintenance, repair or replacement necessitated by the negligent or willful action of an Owner shall be borne by that Owner. In the absence of negligent or willful conduct, any necessary Maintenance, repair or replacement performed by an Owner shall entitle that Owner to a right of contribution from the other Owner(s) of the Party Wall. The right of contribution shall be appurtenant to the Lot and shall pass to the successor(s) in interest to the Owner entitled to contribution. 5.5 Maintenance of Stormwater Treatment Systems. The Association (with respect to Association Property and Association Maintenance Areas) and each Owner (with respect to T0070150/1524149-2 -19- 05/22/13 his/her Lot and Residence) shall be required to comply with and fulfill all requirements and standards, as set forth herein and in accordance with the manufacturer's recommendations, for maintenance of all Improvements within the Project so as to preserve and keep in good working condition the stormwater treatment systems throughout the Project. The requirements and standards that the Association and each Owner shall be required to satisfy, comply with and obey include, but are not be limited in any manner, to the following: 5.5.1 Best Management Practices. BMPs shall be incorporated as part of the Association's and each Owner's duties and obligations for the stormwater pollution prevention plan for the Project. BMPs shall include, but are not limited to, pollution treatment practices or devices, erosion control to prevent silt runoff during any construction, general housekeeping practices, pollution prevention and education practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. The Association shall inspect and Maintain any on -site stormwater treatment measures (swales, bioretention ponds, media filters, etc.) and storm drain system on an annual basis and provide maintenance and repairs, as required. The Association shall Maintain an inspection and maintenance record on file that shall be made available to the City upon request. Storm drains shall be cleaned at least annually before commencement of the rainy season (before October 15th of each year). 5.5.2 Water and Debris Runoff. Debris from pressure washing of sidewalks, streets, and ,walkways shall be collected to prevent entry into the storm drain system. Wash water containing any cleaning agent or degreaser shall be collected and discharged to the sanitary sewer and not discharged to a storm drain. 5.5.3 Prohibition on Disconnecting Discharges. Roof drains shall discharge to adjacent landscape areas, where feasible, and shall not be disconnected. 5.5.4 Stenciling Inlets and Signage. All storm drain inlets and catch basins within the Project must be stenciled with prohibitive language such as "NO DUMPING - DRAINS TO CREEK" or similarly approved language, and/or graphical icons to discourage illegal dumping. Signs and prohibitive language and/or graphical icons which prohibit illegal dumping shall be posted at public access points. The signs and stenciling shall be inspected and re -stenciled, repaired and/or replaced, as needed. 5.5.5 Trash Receptacles. Each Residence shall have personal, covered trash receptacles, and shall otherwise comply with Section 4.25 of this Declaration. 5.5.6 Landscape Design. Landscape plans for Association Property, Association Maintenance Areas, Lots and Residences shall be prepared that uses drought -tolerant species. Native trees and shrubs will be preserved over the majority of the Project in order to maximize canopy interception and promote water conservation. The Association and all Owners shall only use water as needed to support the landscaping. Landscaping and irrigation systems shall be Maintained in a healthy, weed - free condition at all times. Landscaping shall be Maintained using minimum or no pesticides where possible. 5.5.7 Water Efficient Irrigation. Irrigation systems throughout the Project and for each Lot shall be designed to match the water requirements for each landscaped area to T0070150/1524149-2 -20- 05/22/13 avoid over irrigation. The irrigation system shall be inspected and Maintained on a regular basis, and shall occur during routine maintenance activities. All valves, heads, shutoff devices, lines, etc., shall be kept in a properly functioning condition. Any defective parts shall be replaced immediately. The irrigation system shall be adjusted to prevent excessive runoff from landscape areas. The irrigation schedule shall be adjusted based on seasonal needs (for example, rain shutoff devices shall be used to prevent irrigation after rain events). 5.5.8 Infiltration Trenches. The infiltration trenches within the Project shall be inspected monthly, prior to the rainy season and after large storm events. Debris, sediment, and other obstructions shall be removed immediately from the trenches. 5.6 Failure of Owner to Maintain. If an Owner fails to Maintain his/her Lot or Residence, as provided herein, in a manner which the Board reasonably deems necessary to preserve the safety, appearance and/or value of the Project, the Board may notify the Owner of the work required and request that it be done within a reasonable and specific period. If the Owner fails to perform such Maintenance and/or repairs within said period, the Board shall, subject to the notice and hearing requirements set forth in the Bylaws, have the right to enter the Lot and/or Residence to cause such Maintenance and/or repair work to be performed. The costs of any such repair or Maintenance shall be charged as a Reimbursement Assessment to the Owner as provided in Article IX hereof. Notwithstanding the foregoing, in the event of an emergency arising of the failure of an Owner to Maintain his/her Lot and/or Residence, the Board shall have the right, through its agents and employees, to immediately enter the Lot and/or Residence to abate the emergency and individually charge the cost thereof to such Owner. 5.7 Utility Bills. Payment of any Association Property and/or Association Maintenance Area water, electricity and street lighting bills are the obligation of the Association. 5.8 Other Association Obligations. The Association shall contract with a professional management firm to handle Maintenance operations. 5.9 Inspection and Maintenance Guidelines. The Association and each Owner shall adopt and comply with the inspection and Maintenance guidelines for all Improvements (including, but not limited to, Lots, Residences, Association Maintenance Areas and Association Property, etc.) for the periodic inspection and Maintenance of the Association Property Improvements and any other Improvements that the Association is obligated to Maintain. ARTICLE VI ARCHITECTURAL REVIEW AND APPROVAL PROCEDURES 6.1 Formation and Composition of ACC. The ACC shall be formed and shall consist of at least three (3) but no more than five (5) Members. Until the first anniversary of the issuance of the original Final Public Report for the Project, Declarant may appoint all of the original members and any replacements of the ACC after which the Board shall have the power to appoint one member to the ACC. The Declarant shall have the power to appoint a majority of the members of the ACC until ninety percent (90%) of all Lots in the Project have been sold or until the fifth (5th) anniversary of the original issuance of the Final Public Report for the Project, whichever occurs first. Upon the sale of ninety percent (90%) of all Lots in the Project or the fifth (5th) anniversary date of the original issuance of the Final Public Report, whichever occurs T0070150/1524149-2 -21- 05/22/13 first, the Board shall have the power to appoint all of the members of the ACC. In the event of death or resignation of any member of the ACC, the successor shall be appointed by the person, entity or group which appointed such member until Declarant no longer has the right to appoint any members to the ACC, and thereafter the Board shall have the full authority to designate such a successor. The members of the ACC shall not be entitled to any compensation for services performed pursuant hereto. 6.2 Duties of the ACC. The ACC shall review and approve, conditionally approve, or deny all plans, submittals, applications and requests made or tendered to it by Owners or their agents for any Alterations, pursuant to the provisions of this Declaration. In connection therewith, the ACC may investigate and consider the architecture, design, layout, landscaping, energy conservation measures, water conservation measures, fence detail, and other features of the proposed Alteration, modification or Improvement. With the consent of the Board, the ACC may hire and the Association shall pay consulting architects, landscape architects, urban designers, engineers, inspectors, and/or attorneys in order to advise and assist the ACC in performing its duties, the costs of which may be passed on to the Owner submitting- an application to the ACC for approval. 6.3 Design Guidelines. The ACC, from time to time and in its sole discretion, may adopt Design Guidelines which may impose specific requirements on individual Lots and/or Residences if those requirements are reasonable in light of specific Lot topography, visibility or other factors. Adoption, repeal or modification of Design Guidelines shall comply with the provisions of California Civil Code § 1357.100, et seq. The Design Guidelines shall interpret and implement the provisions of this Declaration by setting forth the standards and procedures for architectural materials, landscaping, fences, and similar features which may be used in the Project; provided, however, that the Design Guidelines shall not be in derogation of the minimum standards established by this Declaration. The Design Guidelines may include a schedule of fees for processing submittals (which shall not exceed the amount necessary to defray all costs incurred by the ACC in processing the submittals) and establish the time and manner in which such fees shall be paid. The Design Guidelines shall constitute Association Rules. 6.4 Submission of Plans. No Alterations, building, fence, wall, obstruction, screen, window, awning, landscape change or structure of any kind shall be commenced, erected or Maintained upon the Lot or Residence by any Owner(s), including Alterations to facilitate access for persons who are blind, visually handicapped, deaf or physically disabled, nor shall any Alterations or modification of Declarant -installed Improvements by any Owner(s) of any kind be made to the exterior thereto until the same has been approved in writing by the ACC. Plans and specifications showing the nature, kind, shape, color, size, materials and location of such Improvements, Alterations, etc., shall be submitted to the ACC for approval as to quality of workmanship and design and harmony of external design with existing structures, and as to location in relation to surrounding structures, topography, and finish grade elevation. No Owner shall construct or place, and the ACC shall not approve, any building, fence, wall, obstruction, screen, window, awning, landscaping or structure of any kind that blocks or materially interferes with the views from any other Owner's Lot or Residence. Owners are prohibited from installing, constructing, altering or modifying the exteriors of Lots and/or the Residences without the express written approval of the ACC and the Board. All proposed Alterations contained in this Article shall meet the Design Guidelines, and the Conditions of Approval of the City. 6.5 Basis for Review. The ACC may approve the proposal or application only if the ACC finds that (a) the plans and specifications conform to this Declaration and to the Design T0070150/1524149-2 -22- 05/22/13 Guidelines in effect at the time the proposal was submitted, and (b) the proposed Alteration, modification or addition will be consistent with the standards of the Project and the provisions of this Declaration as to harmony of exterior design, visibility with respect to existing structures and environment, and location with respect to topography and finished grade elevation. 6.6 Form of Approvals, Conditional Approvals and Denials. All approvals, conditional approvals and denials shall be in writing. Any denial must state the reasons for the decision. The failure of the majority of the ACC to act within sixty (60) days after the plans have been submitted to it shall constitute approval. 6.7 Reconsideration of Denial of Application. If the ACC denies an application for Alterations, modifications, etc., to a Lot or Residence, the decision may be appealed to the Board of Directors for reconsideration, unless the denial was made by the Board exercising the duties of the ACC, as set forth in Section 6.2, above, in which case, there shall be no right to reconsideration of the denial. An appeal by an Owner whose application was denied by the ACC shall -follow the procedures set forth below: (a) The appeal shall be in writing and must identify the grounds upon which the appeal or reconsideration is made to the Board. (b) The appeal shall be delivered (in any manner allowed by California Civil Code § 1350.7) to the Board within sixty (60) days after the date of the ACC's written notice to the Owner denying the proposed Alterations, modifications, etc. (c) The Board shall schedule a meeting within forty-five (45) days of receipt of the written appeal to allow the Owner an opportunity to be heard on his/her request for reconsideration, unless the parties mutually agree to a date beyond or less than the forty-five (45) day period. (d) Unless expressly requested by an Owner, the meeting with the Board concerning the appeal of the ACC's decision shall not be held in executive session. (e) The Board shall issue its decision in writing to the Owner within thirty (30) days after the date of the meeting, and said written decision shall be delivered in any manner allowed by California Civil Code § 1350.7. (f) The Board's decision on appeal shall be final, and not subject to further reconsideration by the_ Board. 6.8 Proceeding with and Completion of Work. Upon approval of the ACC, the Owner shall diligently proceed with commencement and completion of all work so approved. Work must be commenced within one (1) year from the date of approval. All work approved by the ACC must be completed within eighteen (18) months from the date of approval. If the Owner fails to comply with the provisions of this Section 6.8, the approval given shall be deemed revoked unless the ACC extends the time for commencement. Any request for an extension, and decision, shall be in writing. No extension shall be granted unless the ACC finds that there has been a material change in the circumstances under which the original approval was granted, or completion is impossible, or would result in great hardship to the Owner due to strikes, fires, national emergencies, natural calamities or other supervening forces beyond the Owner's control. T0070150/1524149-2 -23- 05/22/ 13 6.9 Compliance with Approval. If the ACC determines that an Owner has not constructed the Alterations or Improvements consistent with the specifications of the approval granted or within the time permitted for completion and if the Owner fails to remedy such non- compliance in accordance with the directives or orders of the ACC, the Board shall provide Notice and Hearing, pursuant to the Bylaws, to consider the Owner's continuing non- compliance. If the Board finds that there is no valid reason for the continuing non-compliance, the Owner shall have forty-five (45) days from the date of the Board's decision to remedy or remove the non-compliance. If the Owner fails to comply with the Board's directive or order, the Board, in its discretion, may either remove the non -complying Improvement or Alteration, remedy the non-compliance, or compel compliance pursuant Article X, Section 10.2 of this Declaration. The costs of such action shall be assessed against the Owner as a Reimbursement Assessment. 6.10 Compliance with Governmental Agency Procedures. Each Owner who seeks approval for Alterations shall first obtain written approval from the ACC prior to any approvals, permits, etc., required by the City, County or any other governmental agency for permission to permitting the start grading, demolition, construction, landscaping and/or any other work. 6.11 Waiver. Approval or conditional approval of any plans, drawings or specifications for any Alterations proposed, or for any other matter requiring approval shall not be deemed to constitute a waiver of any right to deny approval of any similar plan, drawing, specification or matter subsequently submitted for approval. 6.12 No Liability. Neither Declarant, the Association, the Board or the ACC nor the members or designated representatives thereof shall be liable for damages to anyone submitting plans and specifications to them for approval, or to any Owner of property affected by this Declaration by reason of mistake in judgment, negligence, or nonfeasance arising out of or in connection with the approval or disapproval or failure to approve or disapprove any such plans or specifications for Alterations, or for any defect, whether in design or construction, in any structure constructed from such plans and specifications. Neither the Declarant, Association, Board or ACC nor any member or representative thereof, shall be responsible for reviewing or approving any plans with respect to the adequacy of engineering design. Every person who submits plans or specifications to the ACC for approval agrees, by submission of such plans or specifications, and every Owner of said property agrees that he or she will not bring any action, suit or claim against Declarant, Association, Board or the ACC or any members or designated representatives thereof with respect to any matters for which such persons or entities are relieved of liability pursuant to this Section 6.12. ARTICLE VII ASSOCIATION ADMINISTRATION, MEMBERSHIP AND VOTING 7.1 Association to Manage Project. The management of the Project shall be vested in the Association in accordance with the Project Documents, and all applicable laws, regulations and ordinances of any governmental or quasi -governmental body or agency having jurisdiction over the Project. 7.2 Membership. Each Owner shall be a Member of the Association, and shall remain a Member thereof until such time as ownership ceases for any reason, at which time such membership in the Association shall automatically cease. T0070150/1524149-2 -24- 05/22/13 7.3 Transferred Membership. Membership in the Association shall not be transferred, pledged, or alienated in any way, except upon the sale or encumbrance of the Lot to which it is appurtenant, and then only to the purchaser, in the case of a sale, or Mortgagee, in the case of an encumbrance of such Lot. A Mortgagee does not have membership rights until it becomes an Owner by foreclosure or deed in lieu thereof. Any attempt to make a prohibited transfer is void. Any person or entity acquiring fee title or equitable title to a Lot, whether by reason of a deed from the Owner or through a foreclosure, shall within fifteen (15) days of acquiring such title inform the Association in writing of the date such title transferred and the name or names in which title is held. 7.4 Voting. Any action required by law or by the Project Documents to be approved by the Owners, the Members or each class of Members, shall be approved, if at all, in accordance with the procedures set forth in the Bylaws and any Association Rules. ARTICLE VIII POWERS, DUTIES AND LIMITATIONS OF THE ASSOCIATION 8.1 Powers and Duties of Association. In addition to the powers and duties enumerated in its Articles and Bylaws or elsewhere provided for herein, and without limiting the generality thereof, the Association and the Board shall have the following powers and duties: 8.1.1 Delegation of Powers. To delegate all powers to committees, officers or employees of the Association as expressly authorized by the Project Documents. 8.1.2 Managing Agent. To employ a managing agent and to contract with independent contractors to perform all or any part of the duties and responsibilities of the Association, provided that any contract with a firm or person appointed as a managing agent or any other contract providing for services of the Declarant, developer, sponsor or builder shall not exceed a one (1) year term renewable by the parties for successive one year periods and shall provide for the right of the Association to terminate the same at the first annual meeting of the Members of the Association, to terminate the same for cause on thirty (30) days written notice, and either party may terminate without cause and without payment of a termination fee on sixty (60) days written notice. 8.1.3 Maintenance. To Maintain the Project as required by the provisions of this Declaration. 8.1.4 Supervision. To supervise all officers, agents and employees of the Association and see that their duties are properly performed. 8.1.5 Assessments, Liens, and Fines. To levy and collect Assessments and as provided in the Project Documents, impose fines or take disciplinary action against an Owner for failure to pay Assessments or for violation of any provision of the Project Documents. Penalties may include, but are not limited to: fines, temporary suspension of voting rights or rights to use of the facilities on the Association Property, or other appropriate discipline for failure to comply with the Project Documents, provided that the accused Member is given notice and the opportunity to be heard by the Board with respect to the alleged violations before a decision to impose discipline is reached. Such notice and hearing procedures shall satisfy the minimum requirements of California Corporations Code § 7341, which are set forth in Article XI II of the Bylaws. T0070150/1524149-2 -25- 05/22/13 8.1.6 Enforcement of Project Documents. To enforce applicable provisions of the Project Documents for the ownership, management and control of the Project. 8.1.7 Adoption of Association Rules. To adopt, amend and repeal reasonable rules consistent with this Declaration relating to the use of Association Property and all facilities thereon, and the conduct of Owners and their tenants and guests with respect to the Project and other Owners, in compliance with California Civil Code § 1357.100, et seq. A copy of the Association Rules as adopted, amended or repealed shall be mailed or otherwise delivered to each Owner and a copy shall be posted in a conspicuous place within the Association Property. Any modifications, changes, or repeal of the Association, Rules shall follow these procedures: (a) The Board shall provide written notice to its Members not less than thirty (30) days prior to making the rule change. The written notice shall - include the text of the proposed rule change (or deletion, as the circumstances may warrant), and a description of the purpose and effect of the change. The written notice is not required if the Board determines that an immediate rule change is necessary to address an imminent threat to public safety or imminent risk of substantial economic loss. (b) The decision on the proposed rule change shall be made at a meeting of the Board after consideration of any comments made by Members. (c) Not more than fifteen (15) days after making the rule change, the Board shall deliver the modifications, changes or repeal of Association Rules to every Member in the manner allowed by California Civil Code § 1350.7, unless the rule change was made on an emergency basis and in such an emergency basis the notice shall include the text of the change, a description of the purpose and effect of the rule change, and that the emergency rule change shall be in effect for not more than one hundred twenty (120) days. 8.1.8 Records. Cause to be kept a complete record of all its acts and corporate affairs and to present a statement thereof to the Members at the annual meeting of the Members, or at any special meeting when such statement is requested in writing by five percent (5%) or more of the total voting power of the Association; keep adequate and correct books and records of account, minutes of proceedings of its Members, Board and committees, and a record of its Members giving their names and addresses and classes of membership. 8.1.9 Water and Other Utilities. To acquire, provide and pay for water, sewer, garbage disposal, refuse and rubbish collection, electrical, telephone, gas and other utility services as necessary for the Association Property and other areas of the Project Maintained by the Association pursuant to this Declaration. 8.1.10 Granting of Easements. To grant easements where necessary for utilities and sewer facilities over the Association Property to serve the Association Property, Association Maintenance Areas, Lots and Residences. 8.1.11 Exercise of Easements. To exercise all easement rights as granted to it in this Declaration for the purpose of performing the Maintenance authorized herein or T0070150/1524149-2 -26- 05/22/13 for any other purpose reasonably related to the performance by the Association or the Board of their responsibilities, the Association's agents or employees. 8.1.12 Contracts. To contract for goods and/or services for the Association Property facilities and interests, for other areas of the Project that is Maintained by the Association, or for the Association, subject to limitations elsewhere set forth in the Project Documents. 8.1.13 Limit Number of Guests. To limit the number of an Owner's guests who may use any facilities on the Association Property. 8.1.14 Title to Association Property. To accept title to the Association Property conveyed to it by Declarant. 8.1.15 Acquisition of Property. To acquire (by gift, purchase or otherwise), own, hold, improve, build upon, operate, Maintain, convey, sell, lease, transfer, dedicate for public use or otherwise dispose of real or personal property in connection with the affairs of the Association. 8.1.16 Budgets. To prepare budgets and financial statements for the Association as prescribed in this Declaration. 8.1.17 Legal and Accounting. To obtain and pay the cost of legal, accounting and other professional services necessary or proper for the Maintenance and operation of the Project and the enforcement of the Project Documents. 8.1.18 Emergency Repairs. To enter upon any Lot or Residence as necessary in connection with construction, maintenance or emergency repair for the benefit of the Association Property or the Owners in common. 8.1.19 Election of the Board of Directors. To elect the Members of the Board. 8.1.20 Fillina Vacancies. To fill vacancies on the Board created by the removal or resignation of a Board Member. 8.2 Property Taxes and Assessments. Each Owner shall be obligated to pay any taxes or assessments levied by the County Assessor against his/her Lot and personal property. To the extent not assessed to or paid directly by the Owners, the Association shall pay all real and personal property taxes and assessments levied upon any portion of the Association Property or other property owned by the Association. The Association shall prepare and file annual tax returns with the federal government and the State of California and make such elections as may be necessary to reduce or eliminate the tax liability of the Association. 8.3 Discharge of Liens. The Association shall discharge by payment, if necessary, any lien against the Association Property, and assess the cost thereof to the Owners responsible for the existence of said lien. 8.4 Payment of Expenses incurred by the Association in the licenses, taxes or governmental c Association. The Association shall pay all expenses and obligations conduct of its business including, without limitation, all harges levied or imposed against the property of the T0070150/1524149-2 -27- 05/22/13 8.5 Dispute Resolution. In any dispute in which the Association is a party, the Association may perform any act reasonably necessary to resolve any such civil claim or action through dispute resolution proceedings found in Article XIV, as applicable. ARTICLE IX ASSESSMENTS 9.1 Agreement to Pay. Declarant, and its successor in interest, if any, for each Lot owned by it, and each Owner, by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, covenants and agrees to pay to the Association: (i) Regular Annual Assessments; (ii) Special Assessments for capital improvements or unusual expenses to be established and collected as hereinafter provided; and, (iii) Reimbursement Assessments and/or Additional Charges levied against an Owner, to be established and collected as provided in this Declaration and in the other Project Documents. 9.1.1 Liability for Payment. All Assessments and Additional Charges, together with any late charges, interest, collection costs and reasonable attorney's fees incurred in collecting delinquent Assessments and Additional Charges, as provided in California Civil Code § 1366(e), shall be the obligation of the Owner of such Lot at the time when the Assessments or Additional Charges fell due. If more than one person or entity was the Owner of a Lot at the time the Assessments or Additional Charges fell due, the obligation to pay each Assessment and Additional Charge shall be joint and several. The obligation for delinquent Assessments and Additional Charges shall not pass to any transferee unless expressly assumed by him/her. No Owner may exempt himself from liability for his/her Assessments or Additional Charges obligation by waiver of the use or enjoyment of any of portion of the Project. 9.1.2 Funds Held in Trust. The Assessments collected by the Association shall be held by the Association for and on behalf of each Owner and shall be used solely for the operation, care and Maintenance of the Project as provided in this Declaration. 9.1.3 No Offsets. No offsets against any Assessment shall be permitted for any reason including, without limitation, any claim that the Association is not properly discharging its duties. 9.1.4 Assessments in Dispute. If an Owner has a dispute with the Association regarding an Assessment levied by the Association, the Owner shall, pursuant to California Civil Code § 1367.1, have the right to dispute the Assessment pursuant to the Association's "meet and confer" program (California Civil Code § 1363.810, et seq.) or request alternative dispute resolution with a neutral third party (California Civil Code § 1369.510, et seq.). 9.2 Purpose of Assessments. The Assessments levied by the Association shall be used exclusively for paying the costs of and creating reserves for the costs of all obligations which the Association is authorized or obligated to perform as described in this Declaration. 9.3 Exemptions from Regular Assessments. this Declaration, Declarant and any other Owner may portion of any Regular Assessment: Notwithstanding any other provisions of be exempt from the payment of that T0070150/1524149-2 -28- 05/22/13 9.3.1 Which is for the purpose of defraying expenses and reserves directly attributable to the existence and use of Association Property Improvements that are not complete at the time Assessments commence. Any exemption from the payment of Assessments shall be in effect only until (a) a Notice of Completion of the Association Property has been recorded (if required); or, (b) the common facility has been placed into use, whichever occurs earliest; and/or - 9.3.2 Which is for the purpose of defraying expenses and reserves directly attributable to the existence and use of Association Maintenance Areas on Lots (for which the Association is obligated to Maintain, repair -and/or replace), and which are not complete and/or installed at the time Assessments commence. The obligation to pay that portion of Assessments attributable to the Association Maintenance Areas shall commence upon the date that the Improvements within the -Association Maintenance Areas are complete and no one other than the association has any obligation to Maintain, repair and/or replace the Improvements in the Association Maintenance Areas. 9.4 Regular Assessments. Regular Assessments shall be payable in equal monthly installments, due on the first day of each month, unless the Board adopts some other basis for collection. Notwithstanding any other provisions contained in this Article, the Board may increase Assessments necessary for emergency situations pursuant to California Civil Code § 1366. If before expiration of any fiscal year the Association fails to fix Regular Assessments for the next fiscal year, the Regular Assessments established for the preceding year shall continue until a new Regular Assessment is fixed. Regular Assessments shall include costs and expenses for the Maintenance, repair and replacement of Association Property and other portions of the Project that the Association is required to Maintain, repair and replace as set forth in Article V of this Declaration, and for the management and operation of the Project and Association, which shall be assessed equally to each Lot. 9.5 Special Assessments. Special Assessments may be levied in addition to Regular Assessments for (i) constructing capital Improvements, (ii) correcting an inadequacy in the Current Operating Account; (iii) defraying, in whole or in part, the costs of any construction, reconstruction, unexpected repair or replacement of Improvements in the Association Property or in any other areas for which the Association is obligated to Maintain, or (iv) paying for such other matters as the Board may deem appropriate for the Project. In addition, the Board may - also levy Special Assessments, as circumstances warrant, to raise funds for unexpected operating or reserve funds, or the Association's Maintenance, repair and/or replacement of portions of the Association Property. Special Assessments shall be levied in the same manner as Regular Assessments. Notwithstanding any other provisions contained in this Article, the Board may impose Special Assessments necessary for emergency situations pursuant to California Civil Code § 1366. 9.6 Reimbursement Assessments. The Association shall levy a Reimbursement Assessment against an Owner to (a) reimburse the Association for the costs of repairing damage caused by that Owner or that Owner's Invitee or (b) if a failure to comply with the Project Documents has necessitated an expenditure of monies, including attorneys' fees, by the Association to bring the Owner or the Owner's Lot, Residence or Improvements into compliance or resulted in the imposition of a fine or penalty. A Reimbursement Assessment shall be due and payable to the Association when levied. A Reimbursement Assessment shall not be levied by the Association until Notice and Hearing has been given in accordance with the Bylaws. Reimbursement Assessments described in subdivision (a) may be enforced by lien after T0070150/1524149-2 -29- 05/22/13 Declarant no longer owns any portion of the Project. Reimbursement Assessments described in subdivision (b) may not be enforced by lien. 9.7 Commencement of Assessments. The right to levy Assessments shall commence as to all Lots upon the close of escrow for the first conveyance of a Lot. Regular Assessments shall commence as to all Lots on the first day of the month following the first conveyance of a Lot under authority of a Final Public Report. Thereafter, Regular Assessments shall be levied on the first day of each month. 9.8 Accounts. Assessments collected by the Association shall be deposited into at least two (2) separate accounts with a responsible financial institution, which accounts shall be clearly designated as (a) the Current Operating Account and (b) the Reserve Account. The Board shall deposit those portions of the Assessments collected for current maintenance and operation into the Current Operating Account and shall deposit those portions of the Assessment collected as reserves for replacement and deferred Maintenance of major components which the Association is obligated to repair, restore, replace or Maintain. into the Reserve Account. 9.8.1 Reserve Account. Withdrawal of funds from the Reserve Account shall require the signature of either two (2) Directors or one (1) Director and one (1) Officer of the Association who is not a Director. The Association may expend funds from the Reserve Account only for the purposes set forth in California Civil Code § 1365.5. 9.8.2 Current Operating Account. All other costs properly payable by the Association shall be paid from the Current Operating Account. 9.9 Enforcement of Assessments. Pursuant to California Civil Code §§ 1365 and 1365.1, the Board shall distribute a statement of the Association's policies and practices in enforcing its remedies against Owners for defaults in the payment of Regular and Special Assessments, including the recording and foreclosing of liens against Owners' Lots. In addition to all other remedies provided by law, including, but not limited to, California Civil Code § 1367.4, the Association or its authorized representative may enforce the obligations of the Owners to pay each Assessment provided for in this Declaration in any manner provided by law or by either or both of the following procedures: (a) By Suit. The Association may commence and maintain a suit at law against any Owner personally obligated to pay a delinquent Assessment. The suit shall be maintained in the name of the Association. Any judgment rendered in any action shall include the amount of the delinquency, and such Additional Charges, costs, fees, charges, and expenditures and any other amounts as the court may award. A proceeding to recover a judgment for unpaid Assessments may be maintained without the necessity of foreclosing or waiving the lien established herein. (b) By Lien. The Association or a trustee nominated by the Association may commence and maintain proceedings to establish and/or foreclose Assessment liens. No action shall be brought to foreclose a lien until the lien is created by recording a Notice of Lien. Prior to recording a Notice of Lien, the Association shall comply with the provisions of California Civil Code § 1367.1, as may be amended from time to time, or any successor statute. The Notice of Lien must be authorized by the Board, signed by an authorized agent and recorded in the Official Records of the County. No later than ten (10) days after recordation of the Notice of Lien, copies of the Notice of Lien shall be T0070150/1524149-2 -30- 05/22/13 mailed to all record Owners of the Lot in the manner set forth in California Civil Code § 2924b. After expiration of the thirty (30) days following the recording of a Notice of Lien, the lien may be foreclosed as provided in California Civil Code § 1367.4. 9.10 Satisfaction of Lien. All amounts paid by an Owner toward a delinquent Assessment shall be credited first to reduce the principal amount of the debt. Upon payment or other satisfaction of a delinquent Assessment for which a Notice of Lien was recorded, the Association shall record a certificate stating the satisfaction and release of the Assessment lien pursuant to California Civil Code § 1367.1. 9.11 Lien Eliminated by Foreclosure. If the Association has recorded a Notice of Lien and the lien is eliminated as a result of a foreclosure of a Mortgage or transfer pursuant to the remedies provided in the Mortgage, the new Owner of the Lot shall pay to the Association a pro- rata share of the Regular Assessment for each month remaining in the Association's fiscal year after the date of the foreclosure or transfer pursuant to the remedies provided in the Mortgage. 9.12 Waiver of Homestead Protections. Each Owner does hereby waive, to the extent permitted by law, the protections of any declared homestead or homestead exemption or redemption laws under the laws of the State of California as applied to any action to enforce or collect Assessments levied by the Association. 9.13 Subordination of Lien. Notwithstanding any provision to the contrary, the liens for Assessments created pursuant to this Declaration shall be subject and subordinate to and shall not affect the rights of the holder of a First Mortgage made in good faith and for value. Upon the foreclosure of any First Mortgage on a Lot, any lien for Assessments which became due prior to such foreclosure shall be extinguished; provided, however, that after such foreclosure there shall be a lien on the interest of the purchaser at the foreclosure sale to secure all Assessments, whether Regular or Special, charged to such Lot after the date of such foreclosure sale, which lien shall have the same effect and shall be enforced in the same manner as provided herein. For purposes of this Section, a Mortgage may be given in good faith or for value even though the Mortgagee has constructive or actual knowledge of the Assessment lien provisions of this Declaration. ARTICLE X AMENDMENT AND ENFORCEMENT OF RESTRICTIONS 10.1 Amendment of Declaration. 10.1.1 Prior to First Close of Escrow. Prior to the close of escrow on the conveyance of the first Lot, Declarant may amend or revoke this Declaration subject to the requirements of California Business and Professions Code §§ 11012 and 11018.7. 10.1.2.After First Close of Escrow. After conveyance of the first Lot, this Declaration may be amended or revoked only by the affirmative vote (in person or by proxy) or written consent of Members representing a majority of the voting power of each class of Members of the Association and, if applicable, by Mortgagees. If only one class of membership exists at the time an amendment is proposed, then it must be approved by at least a bare majority of the total voting power of the Association, which shall include at least a bare majority of the votes of Members other than Declarant. The percentage of the voting power necessary to amend a specific clause or provision of this T0070150/1524149-2 -31- 05/22/13 Declaration shall not be less than the prescribed percentage of affirmative votes required for action to be taken under that clause or provision. If the approval of two (2) classes of membership are required, prior approval must be obtained from the FHA and/or VA if either are First Mortgagees. Any amendment shall be executed by the President and Secretary of the Association and must be recorded and shall become effective only upon being recorded in the County Recorder's Office. 10.1.3 Amendments Requiring Institutional Mortgagee Consent. Approval of any proposed amendment to the Project Documents by Mortgagees shall be implied if a Mortgagee fails to submit a response to any written proposal for an amendment within sixty (60) days after it receives proper notice or the proposal, provided the notice to the Mortgagee was delivered by certified or registered mail, with a "return receipt" requested. (a) Any amendments to the Project Documents of a "material adverse nature" to Mortgagees shall require approval of at least fifty-one percent (51 %) of Mortgagees and sixty-seven percent (67%) Owners. Amendments of a "material adverse nature" include the following: (i) Voting rights; (ii) Increases in Assessments that raise previously assessed amount by more than twenty-five percent (25%), Assessment liens, or the priority of Assessment. liens; (iii) Reductions in reserves for Maintenance, repair and replacement of Association Property; (iv) Responsibility for Maintenance and repairs; (v) Reallocation of interests in the Association Property or rights to their use; (vi) Redefinition of any Lot boundary; (vii) Convertibility of Lots into Association Property or vice versa; (viii) Expansion or contraction of the Project, or the addition, annexation or withdrawal of real property to or from the Project; (ix) Hazard or fidelity insurance requirements; (x) Imposition of any restrictions on the leasing of Lots or Residences; (xi) Imposition of any restrictions on an Owner's right to sell or transfer his or her Lot; T0070150/1524149-2 -32- 05/22/13 (xii) A decision by the Association to establish self - management when professional management had been required by the Project Documents or by an Institutional Mortgagee; (xiii) Restoration or repair of the Project (after damage or partial condemnation) in a manner other than that specified in the Project Documents, (xiv) Any provisions that expressly benefit Mortgage holders, insurers or guarantors; or (xv) Any action to terminate the legal status of the Project for any reason whatsoever. (b) Prior approval of at least sixty-seven percent (67%) of Mortgagees and sixty-seven percent (67%) of Owners other than Declarant shall be. requited before the Association may do any of the following: (i) By act or omission, seek to abandon or terminate the Project, other than after substantial destruction or condemnation occurs; (ii) By act or omission, abandon, partition, subdivide, encumber, sell or transfer any property or Improvements owned, directly or indirectly, by the Association for the benefit of the Lots and Owners (excepting therefrom, the granting of easements for public utilities or for other public purposes consistent with the intended use of the Project); (iii) By act or omission, change, waive or abandon any scheme of regulations or enforcement thereof pertaining to architectural design or exterior appearance of Lots, the exterior Maintenance of Lots and Residences, or the upkeep of laws, plantings or other landscaping in the Project; (iv) By act or omission, change the method of determining the obligations, Assessments, dues or other charges that may be levied against and Owner; (v) Fail to maintain the fire and extended coverage insurance on insurable portions of Association Property on a current replacement cost basis in an amount not less than one hundred percent (100%) of the insurable value based on current replacement cost; and (vi) Use hazard insurance proceeds for losses to any property or Improvements owned by the Association other than for the repair, replacement or reconstruction of the property and Improvements. 10.1.4 Unilateral Right to Amend the Declaration. The Declarant (at any time prior to the sale of all Lots in the Project) or the Association (upon Declarant's sale of all Lots in the Project) shall have the unilateral right to amend this Declaration without the approval of Members in order to bring this Declaration into compliance with all requirements and regulations of the City, County any federal or state agency, an insurer T0070150/1524149-2 -33- 05/22/13 or governmental guarantor of a First Mortgage, or federally insured Mortgagee and/or lender including, but not limited to, FHA, VA, FNMA and/or FHLMC, or correct any errors, mistakes or conflicts in the provisions in this Declaration. 10.2 Enforcement. 10.2.1 Generally. The Association, any Owner, including Declarant as an Owner, or the City as a third party beneficiary, shall have the right, but not the obligation, to enforce compliance with the Project Documents in any manner.provided by law or in equity, or in bringing an action for damages, an action to enjoin the violation or to specifically enforce the provisions of the Project Documents, to enforce the liens provided for herein (except that no Owner shall have the right to enforce independently of the Association any Assessment. Additional Charges or Assessment lien created herein) and any statutory lien provided by law, including the foreclosure of any such lien and the appointment of a receiver for an Owner and the right to take possession of the Lot in the manner provided by law. In the event the Association or any Owner shall employ an attorney to enforce the provisions of the Project Documents against any Owner, the prevailing party shall be entitled to reasonable attorney's fees and costs in addition to any other amounts due as provided for herein. All sums payable hereunder by an Owner shall bear interest at the maximum rate permitted by law from the due date less any grace period provided, or if advanced or incurred by the Association or any other Owner pursuant to authorization contained in the Project Documents commencing fifteen (15) days after repayment is demanded. Except as otherwise provided, the Association or any Owner(s) shall have the right, but not the obligation, to enforce, in any manner permitted by law or in equity, any and all of the provisions of this Declaration. 10.2.2 Enforcement by Declarant. Declarant shall have the right, but not the obligation, to enforce the provisions of this Declaration while it is still a record owner of at least one (1) Lot, including any decision made by the ACC, in any manner provided by law or in equity, and in any manner provided in this Declaration. The provisions of this Declaration are equitable servitudes and covenants running with the land, enforceable by Declarant against the Association and/or any Owner, tenant or occupant of any Lot in the Project. Declarant has no obligation to enforce any provision of this Declaration. Declarant may elect to enforce any provision of this Declaration at any time against the Association, or any Owner and no such action shall be construed to imply any obligation on the part of Declarant to enforce the same provision against another Owner. 10.2.3 Violation of Law. The Association may treat any Owner's violation of any state, municipal or local law, ordinance or regulation which creates a nuisance to other Owners in the Project or to the Association or pertaining to the ownership, occupation or use of any property, Lot, Residence or Association Property, within the Project is hereby declared to be a violation of the Project Documents and subject to any or all of the enforcement procedures set forth in this Declaration as long as the Association complies with the Notice and Hearing requirements. 10.2.4 Remedies Cumulative. Each remedy provided by this Declaration is cumulative and not exclusive. 10.2.5 No Waiver. The failure to enforce the provisions of any covenant, condition or restriction contained in this Declaration shall not constitute a waiver of any T0070150/1524149-2 -34- 05/22/13 right to enforce any such provisions or any other provision_ s of this Declaration for the same or different violation thereof. ARTICLE XI BUDGETS AND FINANCIAL STATEMENTS 11.1 Preparation and Distribution of Budget. The Board shall annually prepare, adopt and distribute a Budget in accordance with the requirements of California_ Civil Code § 1365. A summary of the Budget may be distributed in lieu of the entire Budget if the requirements set forth in California Civil Code § 1365 are satisfied. 11.2 Annual Report. The Board shall annually prepare and distribute an annual report in accordance with the requirements of California Civil Code § 1365. 11.3 Quarterly Reconciliation. Pursuant to California Civil Code §§ 1365 and 1365.5, at least quarterly, the Board shall: (i) cause a current reconciliation of the Association's Current Operating Account(s) to be made and review the same; (ii) cause a current reconciliation of the Association's Reserve Account to be made and review the same; (iii) review the current year's actual reserve revenues an expense compared to the current year's Budget; (iv) review the most current account statements prepared by the financial institution where the Association has its Current Operating and Reserve Accounts; and (v) review an income and expense statement for the Association's Current Operating and Reserve Accounts. 11.4 Reserve Account Study. The Board shall (i) cause a study of the Reserve Account to be conducted, (ii) review the study annually, and (iii) consider and implement necessary adjustments to the Board's analysis of the Reserve Account requirements as a result of that review in compliance with the provisions of California Civil Code § 1365.5. 11.5 Notice of Increased Assessments. The Board shall provide notice by first-class mail to the Owners of any increase in Regular Assessments or the levy of any Special Assessments in accordance with the provisions of California Civil Code § 1366. 11.6 Statement of Outstanding Charges. Within ten (1-0) days of a written request by an Owner, the Association shall provide to the Owner a written statement. which sets forth the amounts of delinquent Assessments, penalties, attorney's fees and other Additional charges against that Owner's Lot. A charge for the statement may be made by the Association, not to exceed the reasonable costs of preparation and reproduction of the statement. 11.7 Owner's Right to Conduct an Independent Audit. Each Owner shall have the right to conduct an independent audit of the Association's financial records at the Owner's expense. The financial records that may be made available to the requesting Owner shall comply with California Civil Code § 1365.2. ARTICLE XII INSURANCE, DESTRUCTION AND CONDEMNATION 12.1 Insurance. The Association shall maintain casualty, liability and other insurance on behalf of the Association as required by the provisions of this Declaration. The amount, term and coverage of any policy required hereunder (including the type of endorsements, the amount T0070150/1524149-2 -35- 05/22/13 of the deductible, the named insureds, the loss payees, standard mortgage clauses, notices of changes or cancellations, and the insurance company rating) shall satisfy the minimum requirements for the Project by the FNMA, FHLMC, or any successor to either of those entities (with the exception of earthquake insurance which the Board shall have complete discretion to purchase). If the FNMA or FHLMC requirements conflict, the more stringent requirements shall be met. If FNMA and FHLMC do not impose requirements on any policy required hereunder, the term, amount and coverage of such policy(ies) shall be no less than that which is customary for similar policies on similar projects in the area. If the Association is unable to purchase a policy or if the Association believes that the cost of the policy is unreasonable, the Board shall call a special meeting of Members to determine what action to take. - 12.2 General Provisions and Limitations. All insurance policies shall be subject to and, where applicable, shall contain the following provisions and limitations: 12.2.1 Underwriter. All policies (except earthquake insurance) shall be written with a company legally qualified to do business in the State of California and holding a "B" or better general policyholder's rating and a "6" or better financial performance index rating as, established by Best's Insurance Reports, reinsured by a company -described above, or if such a company is not available, the best rating possible or its equivalent. 12.2.2 Named Insured. Unless otherwise provided in this Section, the named insured shall be the Association or its authorized representative, as trustee for the Owners. However, all policies shall be for the benefit of Owners and their Mortgagees, as their interests may appear. 12.2.3 Authority to Negotiate. Exclusive authority to adjust losses under policies obtained by the Association shall be vested in the Board or its authorized representative as trustee who shall have exclusive authority to negotiate losses under any policy provided property or liability insurance to perform such other functions as are necessary to accomplish this purpose; provided, however, that no Mortgagee having an interest in such losses may be prohibited from participating in any settlement negotiations related thereto. 12.2.4 Contribution. In no event shall the insurance coverage obtained and maintained by the Association be brought into contribution with insurance purchased by Owners or their Mortgagees. 12.2.5 General Provisions. To the extent possible, the Board shall make every reasonable effort to secure insurance policies providing for the following: (a) A waiver of subrogation by the insurer as to any claims against the Board, the manager, the Owners and their respective servants, agents and guests; (b) That the policy will be primary, even if an Owner has other insurance which covers the same loss; (c) That no policy may be canceled or substantially modified without at least ten (10) days prior written notice to the Association and to each First Mortgagee listed as a scheduled holder; T0070150/1524149-2 -36- 05/22/13 (d) An agreed amount endorsement, if the policy contains a coinsurance clause; and (e) A guaranteed replacement cost or replacement cost endorsement; (f) An inflation guard endorsement. 12.2.6 Term. The period of each policy shall not exceed three (3) years. Any policy for a term greater than one (1) year must permit short rate cancellation by the insureds. 12.2.7 Deductible. The policy may contain a reasonable deductible and the amount of the deductible shall be added to the face amount of the policy in determining whether the insurance equals replacement cost. 12.3 Types of Coverage.. Unless the Association determines otherwise pursuant to Section 12.1, the Board shall obtain at least the following insurance policies in the amounts specified: 12.3.1 Property Insurance. A Special Form or "All Risk" policy of property insurance for all insurable Association Property Improvements and Association Maintenance Areas, including fixtures and building service equipment, against loss or damage by fire or casualty, in an amount equal to the full replacement cost (without respect to depreciation) of the Association Property, and exclusive of land, foundations, excavation and other items normally excluded from coverage. A replacement cost endorsement shall be part of the policy. 12.3.2 Liability Insurance. A combined single limit policy of liability insurance in an amount not less than Two Million Dollars ($2,000,000) covering the Association Property and all damage or injury caused by the negligence of the Association, the Board or any of its agents, or the Owners against any liability to the public or to any Owner incident to the use of or resulting from any accident or intentional or unintentional act of an Owner or a third party occurring in or about any Association Property. If available, each policy shall contain a cross liability endorsement in which the rights of the named insured shall not be prejudiced with respect to any action by one named insured against another named insured. 12.3.3 Worker's Compensation. Worker's compensation insurance to the extent necessary to comply with all applicable laws of the State of California or the regulations of any governmental body or authority having jurisdiction over the Project. 12.3.4 Fidelity Bond. A fidelity bond naming the Board, the Owners, the Association and such other persons as the Board may designate as obligees, in an amount equal to at least one-fourth ('/) of the total sum budgeted for the Current Operating Account and Reserve Account for the current fiscal year. The fidelity bond shall contain a waiver of any defense based on the exclusion of person serving without compensation. 12.3.5 Directors and Officers. Errors and omissions insurance coverage individual liability of Directors and Officers for their negligent acts or omissions while T0070150/1524149-2 -37- 05/22/13 acting in their capacities as Directors and Officers in an amount equal to at least the minimum amount specified in California Civil Code § 1365.7(a)(4). 12.3.6 Other Insurance. Other types of insurance as the Board may determine in its sole discretion to be necessary to fully protect the interests of the Owners and Association. 12.4 Waiver of Subrogation. All insurance carried by the Association, or the owners, shall contain provisions whereby the insurer waives rights of subrogation as to the Association, Directors, Officers, Declarant, Owners, occupants of Lots or Residences, their family, guests, agents and employees. 12.5 Insurance by Owner. Each Owner shall obtain and maintain, at his/her expense, fire and casualty coverage as may be required by the Owner's individual Mortgagee, or if no Mortgagee encumbers a Lot, fire and casualty coverage as may be determined by the Board, with respect to damage or destruction to Improvements within Owner's Lot and Residence, provided, however, that no Owner shall be entitled to maintain insurance coverage in a manner so as to decrease the amount which the Association, on behalf of all Owner and their Mortgagees, may realize under any insurance policy which the Association may have in effect at any time. All such individually carried insurance shall also contain a waiver of subrogation rights by the carrier as to other Owners, the Association, Declarant and Eligible First Mortgagee of such Lot. Each Owner is strongly urged to contact an insurance specialist to determine the appropriate type and amount of insurance including insurance to cover those portions of the Lot and Residence not covered by the policy held by the Association. If a policy carried by the Association offers coverage for a claim made by an Owner as a result of damage to any Improvement or personal property within a Lot or Residence, the Owner shall be responsible for paying any deductible, if the Owner wishes to adjust the claim under the Association's policy. 12.6 Annual Review of Policies. The Board shall review the adequacy of all insurance, including the amount of liability coverage and the amount of property damage coverage, at least once a year. At least once every three (3) years, the review shall include a replacement cost appraisal of all insurable Association Property Improvements, Association Maintenance Areas, and Improvements that the -Association is obligated to Maintain without respect to depreciation. The Board shall adjust the policies to provide the amounts and types of coverage and protection that are customarily carried by prudent owners of similar property in the area in which the Project is situated. 12.7 Payment of Premiums. Premiums on insurance maintained by the Association shall be a component of Common Expenses funded by Assessments levied by the Association. 12.8 Damage or Destruction. 12.8.1 Association. The Board shall have the duty to repair and reconstruct the Association Property and Association Maintenance Areas without the consent of Members and irrespective of the amount of available insurance proceeds or other funds, in all instances of partial damages destruction where the estimated cost of repair and reconstruction does not exceed five percent (5%) of the budgeted gross expenses of the Association for that fiscal year. If there is total damage or destruction of any Improvement, including Association Property or Association Maintenance Areas, which are insured under an insurance policy held by the Association, the Association shall proceed with the filing and adjustment of all claims arising under the existing policies to T0070150/1524149-2 -38- 05/22/13 restore, rebuild and reconstruct such Improvements to substantially the same condition and appearance in which it existed prior to the damage or destruction. The insurance proceeds shall be paid to and held by the Association. (a) Bids. Whenever restoration, rebuilding or reconstruction is to be performed pursuant to this Subsection 12.8.1, the Board shall obtain such bids from responsible licensed contractors to restore the damaged Improvements as the Board deems reasonable, and the Board, on behalf of the Association, shall. contract with the contractor whose bid the Board deems to be the most reasonable. (b) Proceeds. The costs of restoring, rebuilding or reconstructing the damaged Improvements shall be funded pursuant to the provisions and in the priority established in this Subsection 12.8.1. A lower priority procedure shall be utilized only if the aggregate amount of funds then available pursuant to the procedures of higher priority as insufficient to restore the damaged Improvements. The priorities are as follows: (i) Any and all insurance proceeds paid to the Association under existing insurance policies. (ii) Any and all reserve account funds designated for the repair or replacement of the Improvement(s) that has been damaged or destroyed. (iii) Any funds raised by a Special Assessment against all Owners levied by the Board up to the maximum amount permitted without approval of the Members as allowed by law. (iv) Any funds raised by a Special Assessment against all Owners levied by the Board pursuant to a vote of the Members pursuant to Subsection 12.8.1(c) below. (c) Additional Special Assessment. If the total funds available pursuant to Subsection 12.8.1(b) are insufficient to restore, rebuild or reconstruct the damaged or destroyed Improvement(s), then a special meeting of the Members shall be called for the purpose of voting whether to impose an additional Special Assessment and deciding upon the amount thereof. The Board shall then contract for the restoration, rebuilding or reconstruction of the damaged Improvement(s) as described above, making use of all funds available to it. 12.8.2 Owners. If all or any portion of a Lot or Residence is damaged or destroyed by fire or other casualty and the loss is not covered by an insurance policy held by the Association, the Owner(s) of the Improvement shall either (a) restore the damaged Improvements or (b) remove all damaged Improvements, including foundation and leave the Lot in a clean and safe condition. Any restoration, rebuilding or reconstruction under (a) preceding must be performed so that the Improvements are in substantially the same condition in which they existed prior to the damage or destruction, unless the Owner complies with the provisions of Article VI of this Declaration. Unless extended by the Board, the Owner must commence such work within one hundred T0070150/1524149-2 -39- 055/22/13 J �- twenty (120) days after the damage occurs and must complete the work within one (1) year thereafter. 12.9 Condemnation. 12.9.1 Condemnation Affecting Association Property. (a) Sale in Lieu. If an action for condemnation of all or a portion of Association Property is proposed or threatened by an entity having the right to eminent domain, then on the unanimous written consent of all of the Owners, and subject to the rights of all Mortgagees, if any, Association Property, or a portion of it, may be sold by the Board. Subject to California Corporations Code § 8724, the proceeds of the sale shall be distributed among the Lots on the same basis as their Regular Assessment obligations and between the Owners and their Mortgagees as their respective interests shall appear; provided,_ however, there shall be no reallocation of interests in Association Property resulting from a partial condemnation or partial destruction of the Project may be effected without approval of at least fifty-one percent (51 %) of Eligible First Mortgagees. (b) Award. If Association Property, or a portion of it, is not sold, but is instead taken, the judgment of condemnation shall by its terms apportion the award among the Owners and their respective Mortgagees. If the judgment of condemnation does not apportion the award, then the award shall be distributed as provided above. 12.9.2 Condemnation Affecting Lots. If an action for condemnation of all or a portion of, or otherwise affecting a Lot is proposed or threatened, the Owner and the Mortgagees of the affected Lot, as their respective interests shall appear, shall be entitled to the proceeds of any sale or award relating to the affected Lot. If any Lot and/or Residence is rendered irreparably uninhabitable as a result of such a taking, the Lot shall be deemed deleted from the Project and the Owners and Mortgagees of the affected Lot, upon receiving the award and any portion of the reserve funds of the Association reserved for the Lot, if any, shall be released from the applicability of the Project Documents and deemed divested of any interest in the Association Property. Any restoration or repair of the Residence after a partial condemnation or damage due to an insurable hazard shall be substantially in accordance with the Declaration and the original plans and specifications unless approval of fifty-one percent (51 %) of the First Mortgagees is obtained. Any action to terminate the Project after substantial destruction or condemnation of the Project occurs or for other reasons to be agreed to by Mortgagees shall require approval of at least fifty-one percent (51 %) of Mortgagees. ARTICLE XIII MORTGAGEE PROTECTIONS 13.1 Mortgages Permitted. Any Owner may encumber his/her Lot with Mortgages. 13.2 Priority of Mortgage. Notwithstanding any other provision of this Declaration, it is hereby provided that a breach of any of the conditions contained in the Project Documents by any Owner or of any re-entry by reason of such breach, shall not defeat or render invalid the lien thereof. Any lien which the Association may have on any Lot in the Project for the payment of T0070150/1524149-2 -40- 05/22/13 Common Expense Assessments attributable to such Lot will be subordinate to the lien or equivalent security interest of any First Mortgage on the Lot recorded prior to the date of recordation of a notice of delinquent Assessment. 13.3 Rights of Institutional Mortgagees. Any Institutional Mortgagee who obtains title to a Lot pursuant to the remedies provided in the First Mortgage, including judicial foreclosure under a power of sale (but excluding voluntary conveyance to the First Mortgagee), shall not be liable for the Lot's unpaid Regular Assessments, including Additional Charges, accrued prior to acquisition of title by the Institutional Mortgagee. Thereafter, the Institutional Mortgagee, as Owner of the Lot shall be obligated to pay any and all future Assessments levied against. the Lot as long as the Institutional Mortgagee remains in title, including any Special Assessments levied by the Association to raise funds needed because of uncollected delinquent Assessments, as long as the Special Assessment is allocated among all of the Lots as provided in Article IX of this Declaration. 13.4 Rights of Mortgagees Upon Default of Mortgagor. In the event of a default by any Owner in any payment due under the terms of any Mortgage held by an Institutional Mortgagee encumbering a Lot, or the promissory note secured by the Mortgage, the Mortgagee or his or her representative, upon giving written notice to such defaulting Owner and the Association, and placing of record a notice of default, is hereby granted a proxy and may exercise the voting rights of such defaulting Owner attributable to such Lot at any regular or special meeting of the Association held during such time as such default may continue. Unless such written notice is provided to the defaulting Owner and the Association, any Mortgagee may appear (but cannot vote) at meetings of Members and the Board to draw attention to violations of this Declaration that have not been corrected or made the subject of remedial proceedings or Reimbursement Assessments. 13.5 Payment of Taxes or Premiums by Mortgagees. Mortgagees may, jointly or singly, pay taxes or other charges which are in default and which may or have become a charge against the Association Property, unless such taxes or charges are separately assessed against the Owners, in which case the rights or Mortgagees shall be governed by the provisions of their Mortgages. Mortgagees may, jointly or singly, also pay overdue premiums on hazard insurance policies or secure new hazard insurance coverage on the lapse of a policy for the Association Property and Mortgagees making such payments shall be owed immediate reimbursement therefor from the Association. Entitlement to such reimbursement shall be reflected in an agreement in favor of any Mortgagee which requests the same to , be executed by the Association. 13.6 Effect of Breach. No breach of any provision of this Declaration shall invalidate the lien of any Mortgage made in good faith and for value, but all of the covenants, conditions and restrictions shall be binding on any Owner whose title is derived through foreclosure sale, trustee's sale, or otherwise. 13.7 Conflict with Declaration. To the extent that any of the provisions of this Declaration conflict with the rules and regulations of FNMA, FHA, VA and/or FHLMC for those Lots in which these entities are either holders, insurers or guarantors of a First Mortgage on said Lot, the rules and regulations of FNMA, FHA, VA and/or FHLMC shall control. 13.8 Notice to Morta ees. Eligible First Mortgagees are entitled to timely written notice from the Association, if requested, of (a) any condemnation or casualty loss that affects a material portion of the Project or the Lot securing the Mortgage; (b) any sixty (60) day T0070150/1524149-2 -41- 05/22/13 delinquency in the payment of Assessments or Additional Charges owed by the Owner of any Lot on which it holds the Mortgage if the delinquency is not cured within sixty (60) days after its due date; (c) a lapse, cancellation or material modification of any insurance policy maintained by the Association; (d) any proposal to take any action specified in this Article, or Article XII, Sections 12.8 and 12.9; (e) any default by the Owner of a Lot that is subject to a First Mortgage held by the eligible First Mortgagee in the performance of his or her obligations under this Declaration or the Bylaws which is not cured within sixty (60) days; and (f) any proposed action that requires the consent of a specified percentage of First Mortgagees. 13.9 Inspect Books and Records. Any Owner, Eligible First Mortgagee and insurers of any First Mortgage shall be entitled to inspect and copy the books, records, financial statements, the Declaration, Bylaws and Association Rules of the Association. The Association shall also make available to prospective purchasers of Lots current copies of the Declaration, Bylaws, Association Rules and the most recent annual audited financial statement, if any is prepared. The Association must provide an audited financial statement for the immediately . preceding fiscal year if the Eligible First Mortgagee submits a. written request for it. Said financial statement shall be furnished by the Association within a reasonable time following such request. ARTICLE XIV DISPUTE RESOLUTION PROCEDURES 14.1 In General. This Article XIV contains procedures concerning disputes between Owners, the Association and the Declarant related to the Project or each other. The procedures in this Article XIV do not apply to Declarant's normal customer service procedures, and Owners are encouraged to resolve any potential disputes or claims through Declarant's normal customer service procedures prior to initiating the procedures in this Article. This Article contains alternative dispute resolution procedures that include a waiver of a trial by a jury. Each Owner is advised to read these procedures carefully and consult with legal counsel if there are any questions. 14.2 Disputes Between Association and Owners. All disputes, controversies, claims and demands between the Association and any Owner pertaining to the subject areas described in California Civil Code § 1363.810(a) shall be governed by the procedures set forth in this Section 14.2. 14.2.1 Election of Statutory Procedures. Except as excused by law, prior to the initiation of a Request for Resolution or any civil action, the Association and any Owner shall "meet and confer' using the procedures set forth in California Civil Code § 1363.840, as amended from time to time, and any successor statute. 14.2.2 Request for Resolution. If the Association and Owner are unable to resolve their dispute, controversy, claim or demand through the "meet and confer' procedures of California Civil Code § 1363.840, and to the extent applicable, prior to the initiation of any civil action, the parties shall comply with the Request for Resolution procedures set forth in Article 2 Chapter 7 of the California Civil Code (at Section 1369.510, et seq. ). 14.2.3 Attorney's Fees and Costs. In any action, including arbitration and/or civil action, between the Association and any Owner to enforce the Project Documents T0070150/1524149-2 -42- 05/22/13 (excluding Declarant), the prevailing party shall be entitled to recover reasonable attorney's fees and costs, pursuant to California Civil Code § 1354. 14.3 Post -Close of Escrow Disputes Between Association/Owner and Declarant. 14.3.1 Applicability. ANY AND ALL CLAIMS, CONTROVERSIES, BREACHES OR DISPUTES BY OR BETWEEN THE ASSOCIATION OR ANY OWNER(S), ON THE ONE HAND, AND DECLARANT, ON THE OTHER HAND, ARISING OUT OF OR RELATED TO THE PURCHASE AGREEMENT, THE LOT, RESIDENCE, ASSOCIATION PROPERTY, THE PROJECT OR COMMUNITY OF WHICH THE LOT, RESIDENCE, AND ASSOCIATION PROPERTY ARE A PART, THE SALE AND CONVEYANCE OF LOTS, RESIDENCES AND ASSOCIATION PROPERTY BY DECLARANT, OR ANY TRANSACTION RELATED HERETO, WHETHER SUCH DISPUTE IS BASED ON CONTRACT, TORT, STATUTE, OR EQUITY, INCLUDING WITHOUT LIMITATION, ANY DISPUTE OVER (a) THE DISPOSITION OF ANY DEPOSITS, (b) BREACH OF CONTRACT, (c) NEGLIGENT OR INTENTIONAL MISREPRESENTATION OR FRAUD, (d) NONDISCLOSURE, (e) BREACH OF ANY ALLEGED DUTY OF GOOD FAITH AND FAIR DEALING, (f) ALLEGATIONS OF LATENT OR PATENT DESIGN OR CONSTRUCTION DEFECTS, INCLUDING WITHOUT LIMITATION, PURSUANT TO THE RIGHT TO REPAIR ACT, BUT ONLY TO THE EXTENT NOT RESOLVED BY THE RIGHT TO REPAIR ACT DISPUTE PROCEDURES AS PROVIDED THEREIN, (g) THE PROJECT, INCLUDING WITHOUT LIMITATION, THE PLANNING, SURVEYING, DESIGN, ENGINEERING, GRADING, SPECIFICATIONS, CONSTRUCTION OR OTHER DEVELOPMENT OF THE PROJECT, THE LOT/TRACT OR THE COMMUNITY OF WHICH THE PROJECT IS A PART, (h) DECEPTIVE TRADE PRACTICES OR (i) ANY OTHER MATTER ARISING OUT OF OR RELATED TO THE INTERPRETATION OF ANY TERM OR PROVISION OF THE PURCHASE AGREEMENT BETWEEN DECLARANT AND ANY OWNER, OR ANY DEFENSE GOING TO THE FORMATION OR VALIDITY OF THE PURCHASE AGREEMENT, OR ANY PROVISION OF THE PURCHASE AGREEMENT, INCLUDING DEPOSIT DISPUTES, THIS ARBITRATION PROVISION, ALLEGATIONS OF UNCONSCIONABILITY, FRAUD IN THE INDUCEMENT, OR FRAUD IN THE EXECUTION, WHETHER SUCH DISPUTE ARISES BEFORE OR AFTER THE CLOSE OF ESCROW (EACH A "DISPUTE"), SHALL BE ARBITRATED PURSUANT TO THE FEDERAL ARBITRATION ACT AND SUBJECT TO THE PROCEDURES SET FORTH AS FOLLOWS: (a) THIS ARBITRATION PROVISION SHALL BE DEEMED TO BE A SELF-EXECUTING ARBITRATION PROVISION. ANY DISPUTE CONCERNING THE INTERPRETATION OR THE ENFORCEABILITY OF THIS ARBITRATION PROVISION, INCLUDING WITHOUT LIMITATION, ITS REVOCABILITY OR VOIDABILITY FOR ANY CAUSE, ANY CHALLENGES TO THE ENFORCEMENT OR THE VALIDITY OF THE PURCHASE AGREEMENT BETWEEN DECLARANT AND ANY OWNER, OR THIS ARBITRATION PROVISION, OR THE SCOPE OF ARBITRABLE ISSUES UNDER THIS ARBITRATION PROVISION, AND ANY DEFENSE RELATING TO THE ENFORCEMENT OF THIS ARBITRATION PROVISION, INCLUDING WITHOUT LIMITATION, WAIVER, ESTOPPEL, OR LACHES, SHALL BE DECIDED BY AN ARBITRATOR IN ACCORDANCE WITH THIS ARBITRATION PROVISION AND NOT BY A COURT OF LAW. T0070150/1524149-2 -43- 05/22/13 (b) IN THE EVENT THAT A DISPUTE ARISES BETWEEN THE PARTIES, SUCH DISPUTE SHALL BE RESOLVED BY AND PURSUANT TO THE ARBITRATION RULES AND PROCEDURES OF JUDICIAL ARBITRATION AND MEDIATION SERVICES ("JAMS") IN EFFECT AT THE TIME THE REQUEST FOR ARBITRATION IS SUBMITTED SO LONG AS THE RULES AND PROCEDURES ARE EQUIVALENT TO THE RULES AND PROCEDURES OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA"). IN THE EVENT JAMS IS FOR ANY REASON UNWILLING OR UNABLE TO SERVE AS THE ARBITRATION SERVICE, THEN THE PARTIES SHALL SELECT ANOTHER REPUTABLE ARBITRATION SERVICE WITH RULES AND PROCEDURES EQUIVALENT TO THE RULES AND PROCEDURES OF THE AAA. IF THE PARTIES ARE UNABLE TO AGREE ON AN ALTERNATIVE SERVICE, THEN EITHER PARTY MAY PETITION ANY COURT OF COMPETENT JURISDICTION IN THE COUNTY IN WHICH THE PROJECT IS LOCATED TO APPOINT SUCH AN ALTERNATIVE SERVICE, WHICH SHALL BE BINDING, ON THE PARTIES. THE RULES AND PROCEDURES OF SUCH ALTERNATIVE SERVICE IN EFFECT AT THE TIME THE REQUEST FOR ARBITRATION IS SUBMITTED MUST BE EQUIVALENT TO THE RULES AND PROCEDURES OF THE AAA=AND SHALL- BE FOLLOWED. (c) Association and each Owner, on behalf of themselves and their successors and assigns, expressly acknowledge that the purchase, sale and/or conveyance of the real property and Improvements herein involves and concerns interstate commerce and is governed by the provisions of the Federal Arbitration Act (9 U.S.C. §1 et seq.) now in effect and as the same may from time to time be amended, to the exclusion of any different or inconsistent state or local law, ordinance, regulation, or judicial rule. Accordingly, any and all Disputes as defined in this Section 14.3 shall be arbitrated — which arbitration shall be mandatory and binding — pursuant to the Federal Arbitration Act. (d) These arbitration provisions shall inure to the benefit of, and be enforceable by, Declarant and Declarant's affiliated and related entities, and each of their respective employees, officers, directors, agents, representatives, contractors, subcontractors, consultants, agents, vendors, suppliers, design professionals, insurers and any other person whom the Association or any Owner contends is responsible for any alleged defect in or to the Project, Association Property, the Lot, Residence or any Improvement or appurtenance thereto. The parties contemplate the inclusion of such parties in any arbitration of a dispute and agree that the inclusion of such parties will not affect the enforceability of these arbitration provisions. (e) In the event any Dispute arises under the terms of the purchase agreement or in the event of the bringing of any arbitration action by a party hereto against another party hereunder by reason of any breach of any of the covenants, agreements or provisions on the part of the other party arising out of the purchase agreement, then all fees and costs shall be borne separately between the parties, including but not limited to all attorneys' fees and expert witness costs resulting from the Dispute. The foregoing provision does not modify any provision of any contract between Declarant and any third party requiring indemnification or establishing a different allocation of fees and costs T0070150/1524149-2 -44- 05/22/13 between Declarant and such third party. In the event Declarant is the prevailing party, the individual signing the purchase agreement, whether on the individual's behalf or on behalf of an entity or non -natural person, entity shall also be personally liable for Declarant's fees and costs as aforesaid notwithstanding any indication that such individual is signing in a corporate capacity. (f) The arbitrator shall be authorized to provide all recognized remedies available in law or in equity for any cause of action that is the basis of the arbitration. (g) The decision of the arbitrator shall be final and binding. Association and/or Owner and Declarant expressly agree that should either party fail to satisfy the arbitrator's decision within thirty (30) days of receipt of notice of the decision, then an application to confirm, vacate, modify, or correct an award rendered by the arbitrator shall be filed in any court of competent jurisdiction in the County in which the Project is located. (h) To the extent that any state or local law, ordinance, regulation, or judicial rule is inconsistent with any provision of the rules of the arbitration service under which the arbitration proceeding shall be conducted, the latter rules shall govern the conduct of the proceeding. (i) The participation by any party, or any party whom Association and/or any Owner contends is responsible for a Dispute, in any judicial proceeding concerning this arbitration provision or any matter arbitrable hereunder shall not be asserted or accepted as a reason to delay, to refuse to participate in arbitration, or to refuse to compel arbitration, including instances in which the judicial proceeding involves parties not subject to this arbitration provision and/or who cannot otherwise be compelled to arbitrate. Q) The filing fees to initiate the arbitration shall be advanced by Declarant, based on the particular claim in accordance with the JAMS, or AAA equivalent fee schedule. The fees and costs of the arbitration and/or the arbitrator shall be borne equally by the parties to the arbitration; provided; however, that the fees and costs of the arbitration and/or the arbitrator ultimately shall be allocated and borne as determined by the arbitrator. Notwithstanding the foregoing, the parties shall each be solely responsible for their own attorneys' fees and expert witness costs. (k) The arbitrator appointed to serve (and whose appointment shall be made within sixty (60) days from the date of the submission of the Dispute to JAMS, unless otherwise agreed to by the parties) shall be a neutral and impartial individual. (1) The venue of the arbitration shall be in the County where the Project is located unless the parties agree in writing to another location. (m) If any provision of this arbitration provision shall be determined to be unenforceable or to have been waived, the remaining provisions shall be deemed to be severable therefrom and enforceable according to their terms. T0070150/1524149-2 -45- 05/22/1 3 (n) The parties to the arbitration shall have the right to conduct a reasonable amount of discovery, including written discovery, depositions and inspections and testing, all as approved and coordinated by the arbitrator. (o) If any provision of this Section 14.3 is in conflict with or is different than any alternative dispute resolution provision of any other declaration or any other common interest development association that may apply to the Project, Association Property, Lot and/or Residence, the provisions set forth in this Section 14.3 shall control. However, any and all disputes between Declarant and the Association arising from or related to the Project, Association Property, Declaration or any other agreements between Declarant and the Association shall be resolved in accordance with this Declaration. 14.3.2 Notification. Association and any Owner agrees to provide Declarant with written notice of any matters relating to a Dispute as soon as is reasonably possible after Association or an Owner becomes aware, or should have become aware, of such matters and Dispute. Notice to Declarant under this Subsection does not constitute notice of a claim, or any other notice, under the Right to Repair Act. 14.3.3 Applicability to California Civil Code § 1375. Any Dispute covered by this Section 14.3 that involves the Project, Association Property, Lot, Residence, or any other areas of the Project that the Association is required to Maintain, repair or replace, as set forth in this Declaration, and prior to the commencement of any arbitration proceedings as set forth in Subsection 14.3.1, above, the Association shall serve on Declarant a "Notice of Commencement of Legal Proceedings" as set forth in California Civil Code § 1375(b), as may be amended from time to time. Except as modified herein (and specifically, Subsection 14.3.4, below, allowing access and repair rights to Declarant) or as may be precluded by California Civil Code § 910, et seq., Association and Declarant agree that Disputes within the purview and scope of California Civil Code § 1375 between Association and Declarant, the pre -litigation procedures of California Civil Code § 1375 shall control prior to the commencement of the arbitration proceedings in this Section 14.3. However, because Declarant has elected to utilize the provisions of the Right to Repair Act, pursuant to California Civil Code § 910, et seq., such access and repair protocol shall take precedence and, to the extent allowed_ by-law, be part of and included within the pre -litigation procedures of California Civil Code § 1375 to avoid duplication. 14.3.4 Cooperation; Access; Repair. Association and each Owner, on behalf of themselves, successors and assigns, expressly agree to provide Declarant and its representatives, contractors, and others as Declarant may request, with prompt, reasonable cooperation, which may, for example, include access to all portions of the Project, Association Property, Lot and/or Residence, in order to facilitate Declarant's investigation regarding a Dispute including, without limitation, for purposes of inspecting, testing, repairing, replacing, correcting, or otherwise addressing matters related to the Dispute. If the Dispute arises out of or relates to the planning, surveying, design, engineering, grading, specifications, construction, or other development of the Project, Association Property, Lot and/or Residence, Declarant is hereby granted the irrevocable right, but is under no obligation, to inspect, repair and/or replace any and all affected parts of the Project, Association Property, Lot and/or Residence. Declarant's right, but not obligation, to access, inspect, repair and/or replace any and all affected parts of the T0070150/1524149-2 -46- 05/22/13 Project, Association Property, Lot and/or Residence may be exercised by Declarant at any time prior to the initiation of arbitration proceedings as set forth above. 14.3.5 NOTICE: BY ACCEPTING ANY AND ALL DEEDS TO ASSOCIATION PROPERTY, INDIVIDUAL GRANT DEEDS AND/OR ACKNOWLEDGEMENT OF RECEIPT OF THE PROJECT DOCUMENTS, ASSOCIATION AND EACH OWNER, ALONG WITH DECLARANT, AGREE TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THIS SECTION 14.3 OF THIS ARTICLE XIV DECIDED BY NEUTRAL ARBITRATION IN ACCORDANCE WITH THE FEDERAL ARBITRATION ACT AND THE CALIFORNIA ARBITRATION ACT, TO THE EXTENT THE CALIFORNIA ARBITRATION ACT IS NOT INCONSISTENT WITH THE FEDERAL ARBITRATION ACT, AND ASSOCIATION, EACH OWNER AND DECLARANT ARE GIVING UP ANY RIGHTS ASSOCIATION, EACH OWNER AND DECLARANT MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. IN ADDITION, ASSOCIATION, EACH OWNER AND DECLARANT ARE GIVING UP THEIR RESPECTIVE JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THIS ARBITRATION AGREEMENT. IF ASSOCIATION, ANY OWNER AND/OR DECLARANT REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, SAID REFUSING PARTY MAY BE COMPELLED TO ARBITRATE UNDER THE FEDERAL ARBITRATION ACT AND THE CALIFORNIA ARBITRATION ACT, THE EXTENT THE CALIFORNIA ARBITRATION ACT IS NOT INCONSISTENT WITH THE FEDERAL ARBITRATION ACT. THE PARTIES' AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. 14.4 Affirmative Defenses Applicable to Right to Repair Act Disputes. Declarant shall have available to it, without limitation, the following non-exclusive list of affirmative defenses in response to a claimed violation of the provisions of the Right to Repair Act, or any other standards, laws, ordinances, rules or regulations, pursued by the Association or any Owner under this Article XIV of this Declaration. 14.4.1 Unforeseen Acts of Nature. To the extent any obligation, damage, loss or liability is caused by an unforeseen act of nature which caused the Improvement not to meet the standard. For purposes of this section, an "unforeseen act of nature" means a weather condition, earthquake, or manmade event such as war, terrorism, or vandalism, in excess of the design criteria expressed by the applicable building codes, regulations, and ordinances in effect at the time of original construction. 14.4.2 Failure to Mitigate. To the extent any obligation, damage, loss or liability is caused by the unreasonable failure to minimize or prevent those damages in a timely manner, including the failure to allow reasonable and timely access for inspections and repairs under this section. This includes the failure to give timely notice to the Declarant after discovery of a violation, but does not include damages due to the untimely or inadequate response of Declarant to the claim. 14.4.3 Failure to Maintain. To the extent any obligation, damage, loss or liability is caused by an Owner, his/her agent, employee, subcontractor, independent contractor, or consultant by virtue of their failure to follow Declarant's or manufacturer's recommendations, or commonly accepted Maintenance Obligations. T0070150/1524149-2 -47- 05/22/13 14.4.4 Alterations, Misuse, Abuse or Neglect. To the extent any obligation, damage, loss or liability is caused by any Owner, his/her agent's or an independent third party's alterations, ordinary wear and tear, misuse, abuse, or neglect, or by the Improvement's use for something other than its intended purpose. 14.4.5 Statutes of Limitation. To the extent that the time period for filing actions bars the claimed violation. 14.4.6 Release of Declarant. As to a particular violation for which Declarant has obtained a valid release. 14.4.7 Successful Repair by Declarant. To the extent that Declarant's repair was successful in correcting the particular violation of the applicable standard. 14.4.8 Wear and Tear. To the extent that the damage caused by or due to ordinary wear and tear. 14.4.9 Materials Furnished or Installed by Owner. Any damage caused by or due to materials or Improvements furnished or installed by or at the request of Owner, including any work done by anyone other than Declarant or the employees, agents, or subcontractors expressly selected by Declarant. 14.4.10 Variations in Natural Materials. Variations in natural materials, such as stone, marble, wood grain and color of stained wood used in cabinets, paneling, siding, doors and wood trim. These variations are inherent characteristics of natural materials and are not a defect. 14.4.11 Failure to Give Timely Notice. Any defect, loss or damage caused or made worse by Owner's failure to timely notify Declarant of any such defect, loss or damage. 14.4.12 Refusal to Allow Repair. Any defect, loss or damage caused by the Owner's failure and refusal to allow reasonable and timely access for inspections and/or repairs. 14.4.13 Owner or Third Party Negligence. Any defect, loss or damage caused or made worse by the negligence of Owner (or his/her agents, employees, subcontractors, independent contractors or consultants) or a third party (such as a guest or invitee). 14.5 Exceptions; Admissibility of Communications: Statute of Limitations. 14.5.1 The procedures set forth in Sections 14.2 through 14.3 above shall not apply to any action taken by the Association against Declarant for delinquent Assessments, which shall be governed by Article IX entitled "Assessments", or in any action involving any Association Property Improvement bonds, which shall be governed by the provisions of Article XV entitled "Enforcement of Bonded Obligations." 14.5.2 Any and all communications by and between the parties, whether written or oral, which are delivered by the parties or their attorneys or other representatives in an effort to settle the claim shall be considered communications undertaken in the T0070150/1524149-2 -48- 05/22/13 course of effecting a settlement or compromise and as such shall not be admissible as the admission on the part of any party or any representative or agent of the party to be utilized for any such purpose in any action or proceeding. 14.5.3 Nothing herein shall be considered to reduce or extend any applicable statute of limitations. 14.6 Legal Proceeding Against Declarant. Not later than thirty (30) days prior to the filing of any legal proceeding by the Association against the Declarant for alleged damage to Association Property or other Improvements that the Association is obligated to Maintain or repair, the Board shall provide written notice to each Eligible First Mortgagee and Member of the Association. This notice shall specify all of the following: (a) that a meeting will take place to discuss problems that may lead to the filing of a legal proceeding; (b) the options, including civil actions, that are available to address the problems; and, (c) the time and place of this meeting. In addition, the notice also shall specify the following: (a) a good faith estimate of the costs to repair the alleged defects prepared by a licensed contractor who has submitted a bid to perform the necessary repair work; (b) how the necessary repairs will be funded; (c) the name of the attorney whom the Association is contemplating retaining and an estimate of the attorney's fees, consultant's fees and any other costs to be incurred to prosecute such proceedings; (d) how such fees and costs will be funded; (e) each Member's duty to disclose to prospective purchasers the alleged defects; and (f) the potential impact the proceedings may have on the marketability and availability of financing and/or insurance for the Lots in the Project. Notwithstanding, if the Association has reason to believe that the applicable statute of limitations will expire before the Association files the legal proceeding, the Association may give the notice, as described above, within thirty (30) days after the filing of the legal proceeding. ARTICLE XV ENFORCEMENT OF BONDED OBLIGATIONS 15.1 Bonded Obligations. When Association Property Improvements have not been completed prior to the issuance of the original Final Public Report to which the Association Property is subject and the Association is the obligee under a Bond to secure performance of the commitment of Declarant to complete the Association Property Improvements, the following provisions shall apply: T0070150/1524149-2 -49- 05/22/13 (a) Completed Improvements. If all Improvements identified in the planned construction statement appended to the Bond are covered by one or more recorded notices of completion, the Board shall execute all required documents by the surety to release the Bond. (b) Improvements Not Completed. If a notice of completion has not been filed within sixty (60) days after the completion date specified for that Improvement in the planned construction statement appended to the Bond, the Board shall consider and vote on the question of action by the Association to enforce the obligations under the Bond. If the Association has given an extension in writing for the completion of any Association Property Improvements, the Board shall consider and vote on the aforesaid question if a notice of completion has not been filed within thirty (30) days after the expiration of the extension. (c) Action by Members. If the Board fails or refuses to initiate action to enforce the bonded obligations, upon receipt of a petition for a special meeting signed by Members representing five percent (5%) or more of the total voting power of the Association, the Board shall call a special meeting of the Members to override the Board's failure or refusal to act. The special meeting shall be held not less than thirty- five (35) days nor more than forty-five (45) days after receipt of the petition by the Board. At the special meeting, the affirmative vote of a majority of Members, excluding any votes of Declarant, shall be required to take action to enforce the obligations under the Bond and shall be deemed to be the decision of the Association. The Board shall thereafter implement the decision by initiating and pursuing appropriate action in the name of the Association. 15.2 Release of Bond. Upon satisfaction of Declarant's obligation to complete the Association Property Improvements, the Association shall acknowledge in writing that it approves the release of the Bond and shall execute any other documents that may be reasonably necessary to effect the release of the Bond. The Association may not condition its approval on the satisfaction of any condition other than completion of the Association Property Improvements. If the Association breaches any of the foregoing obligations, it will be liable to Declarant for any damages incurred thereby, including reasonable attorney's fees. Any dispute between Declarant and the Association shall be resolved in accordance with the provisions of the escrow instructions which accompany the Bond. ARTICLE XVI GENERAL PROVISIONS 16.1 Term. The covenants and restrictions of this Declaration shall run with and bind the Project, and shall inure to the benefit of and be binding on the Association and the Owners, their legal representatives, heirs, grantees, tenants, successors and assigns, subject to this Declaration, fora term of fifty (50) years from the date this Declaration is recorded. Thereafter, this Declaration shall be automatically extended for successive periods of ten (10) years. 16.2 Owner's Compliance. Each Owner, tenant or occupant of a Lot shall comply with the provisions of this Declaration, and (to the extent they are not in conflict with the Declaration), the Project Documents and the decisions and resolutions of the Association or the Board, as lawfully amended from time to time. Failure to comply with any such provisions, decisions, or resolutions, shall be grounds for an action to recover all Additional Charges, for damages, for T0070150/1524149-2 -50- 05/22/13 injunctive relief, or to enforce such provisions, decisions or resolutions. All agreements and determinations lawfully made by the Association in accordance with the voting percentages established in the Project Documents shall be deemed to be binding on all Owners, their successors and assigns. 16.3 Notices. Unless otherwise stated in this Declaration or as allowed by law, any notice permitted or required by the Project Documents may be delivered in any manner set forth. in California Civil -Code § 1350.7. If delivery is by mail, it shall be. deemed to have been delivered seventy-two (72) hours after a copy of the same has been deposited in the United States mail, first class or registered, postage prepaid, addressed to the person to be notified at the current address given by such person to the Secretary of the Board or addressed to the Lot of such person if no address has been given to the Secretary. 16.4 Notice of Transfer. No later than fifteen (15) days after the sale or transfer of any Lot whereby the transferee becomes the Owner thereof, the transferee shall notify the Association in writing of such sale or transfer. Such notice shall set forth: (a) the Lot involved; (b) the name and address of the transferee and transferor if known; and (c) the date of sale. Unless and until such notice is given, the Association shall not be required to recognize the transferee for any purpose, and any action taken by the transferor as an Owner may be recognized by the Association. Prior to receipt of any such notification by the Association, any and all communications required or permitted to be given by the Association shall be deemed duly given and made to the transferee if duly and timely made and given to said transferor. 16.5 Delivery of Project Documents to Transferee. Prior to transfer of title to a Lot, the transferor shall provide to the prospective transferee a copy of the Project Documents, the documents identified in Article XIV, Subsection 14.3.1 of this Declaration, and such other documents and information as are required by California Civil Code § 1368 at the close of escrow, buyer shall be deemed to have all of these documents and shall be bound by them. 16.6 Easements Reserved and Granted. Any easements appurtenant to a Lot referred to in this Declaration shall be deemed reserved and/or granted by reference to this Declaration in a deed to said Lot. 16.7 Termination of any Responsibilities of Declarant. If Declarant conveys- all of its right, title and interest in and to the Project to any partnership, individual or corporation, then and in such event, Declarant shall be relieved of the performance of any further duty or obligation hereunder, and such partnership, individual or corporation shall be obligated to perform all such duties and obligations of the Declarant. 16.8 Mergers and Consolidations. To the extent permitted by law, the Association may participate in mergers and consolidations with other non-profit organizations organized for the same purposes as this Association, provided that any such merger or consolidation shall have the written consent of all of the Members or the assent by vote of two thirds (2/) of the Members voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be given to all Members at least thirty (30) days in advance. 16.9 Limitation of Restriction on Declarant. Nothing in this Declaration shall be understood or construed to (i) prevent Declarant, its contractors, or subcontractors from doing on the Project or any Lot, Residence or parcel, whatever is reasonably necessary or advisable in connection with completing the Project as proposed; or, (ii) prevent Declarant or its representatives from erecting, constructing and Maintaining on any part or parts of the Project, T0070150/1524149-2 -51- 05/22/13 such structures as may be reasonable and necessary for the conduct of its business of completing the Project and establishing said Project as a residential community and disposing of the same in Lots by sale, lease, or otherwise; or, (iii) prevent Declarant from conducting on any part of the Project its business of completing the Project and of establishing a plan of ownership and of disposing of said Project in Lots by sale, lease or otherwise; or, (iv) prevent Declarant from maintaining such sign or signs on any of the Project as may be necessary for the sale, lease or disposition thereof, provided, however, that the maintenance of any such sign shall not unreasonably interfere with the use by any Owner of his/her Lot, Residence or the Association Property. The foregoing limitations of the application of the restrictions to Declarant shall terminate upon the sale of Declarant's entire interest in the Project, or ten (10) years after the close of the first escrow, whichever occurs earlier. Any action taken by Declarant pursuant to any provision of this Article will not unreasonably interfere with the owners' rights and use of the Project. 16.10 Assignment by Declarant. The rights of Declarant in this Declaration may be assigned by Declarant to any successor to all or any part of Declarant's interest in the Project, as developer, by an express assignment incorporated in a recorded deed that transfers any such interest to a successor or to a Mortgagee acquiring Declarant's interest in the Project by foreclosure or by deed in lieu of foreclosure. 16.11 Annexation Rights. Real property maybe annexed pursuant to this Section. 16.11.1 Annexation Pursuant to Approval. Real property other than as shown on the Map, may be added to the Project only, after Declarant has conveyed the last Lot in the Project to an Owner. Any such annexation shall be approved by not less than two-thirds (2/) of the total voting power of the Association. 16.11.2 Procedure for Annexation. In addition to any required approval by the Members of the Association, a final subdivision map(s) or final parcel map(s) and a Declaration of Annexation for the property to be annexed must be recorded. The Declaration of Annexation shall (i) describe the portion of property to be annexed; (ii) describe any Association Property and/or Association Maintenance Areas with the property to be annexed; (iii) set forth the ownership of any such Association Property and/or Association Maintenance Areas; and (iv) specify that all of the covenants, conditions and restrictions of this Declaration shall apply to the annexed property in the same manner as if it were originally covered by this Declaration. 16.11.3 Effect of Annexation. After complying with the procedures for annexation and upon the commencement of. Assessments for Lots in the annexed property, Owners of Lots, if any, in the annexed property shall be Members of the Association, shall be subject to this Declaration, and shall be entitled to use all Association Property and Association Maintenance Areas in the Project. The Association shall reallocate the Regular Assessments so as to assess each Owner in the Project for an equal and proportionate share of the Common Expenses of the Project. All Owners shall have ingress and egress to all portions of the Association Property and Association Maintenance Areas throughout the Project, subject to the provision of this Declaration, the Bylaws of the Association and the Association Rules in effect from time to time. 16.12 Severability. Should any provision or portion hereof be declared invalid or in conflict with any law of the jurisdiction where this Project is located, the validity of all other provisions and portions hereof shall remain unaffected and in full force and effect. T0070150/1524149-2 -52- 05/22/13 16.13 Estoppel Certificate. Within ten (10) days of the mailing or delivery of a written request by any Owner, the Board shall provide the Owner with a written statement containing the following information: (i) whether to the knowledge of the Association, the Owner or the Owner's Lot or Residence is in violation of any of the provisions of the Project Documents; (ii) the amount of Regular and Special Assessments; including installment payments, paid by the Owner during the fiscal year the request is received; and, (iii) the amount of any Assessments levied against the Owner's Lot that are unpaid as of the date of the statement, including any Additional Charges, late charges, interest, or cost of collection that as of the date of the statement are or may be made a lien against the Owner's Lot as provided by the Project Documents. 16.14 Successor Statutes. Any reference in the Project Documents to a statute shall be deemed a reference to any amended or successor statute. Specifically, any reference to a statute or section within the Davis -Stirling Common Interest Development Act, California Civil Code §§ 1350, et seq.; shall also mean and refer to Part 5 of Division 4 of the California Civil Code in which the current sections of California Civil Code §§ 1350 to 1378, inclusive, shall be repealed and moved to effective January 1, 2014. Accordingly, any references in this Declaration to California Civil Code §§ 1350 to 1378, inclusive, shall be deemed to refer to the converted sections in Part 5 of Division 4 of the California Civil Code effective January 1, 2014. 16.15 Conflict with Proiect Documents. If there is a conflict among or between the Project Documents, the provisions of this Declaration shall prevail; thereafter, priority shall be given to Project Documents in the following order: Articles, Bylaws, and Association Rules. 16.16 Exhibits. All exhibits attached to this Declaration are incorporated by this reference as though fully set forth herein. 16.17 Headings. The headings used in this Declaration are for convenience only and are not to be used to interpret the meaning of any of the provisions of this Declaration. 16.18 Owner's Acknowledgment. Each Owner shall sign an acknowledgment that he/she has received and read the Project Documents. 16.19 Construction of Provisions. The provisions of this Declaration shall be liberally construed to effect its purpose of creating a uniform plan for the development and operation of a common interest development pursuant to the provisions of the Davis -Stirling Common Interest Development Act, California Civil Code §§ 1350, et seq., as may be supplemented, amended and/or superseded. IN WITNESS WHEREOF, the undersigned has executed this Declaration. TAYLOR MORRISON OF CALIFORNIA, LLC, a California limited liability company, Dated: , 2013 By: Name: Title: T0070150/1524149-2 -53- 05/22/13 PPPPW RESOLUTION NO. 11424 Zc�12, BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A TENTATIVE VESTING SUBDIVISION MAP (PLN2011-256) TO CREATE 25 RESIDENTIAL LOTS AND TWO COMMON LOTS ON PROPERTY LOCATED AT 125 S. SAN TOMAS AQUINO ROAD. APPLICATION OF ARCADIA HOMES, INC. FILE NO: PLN2011-256. After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. The City Council finds as follows with regard to File No. PLN2011-256: Environmental Finding 1.. A Mitigated Negative Declaration has been prepared for this project concluding that there are no significant unmitigated impacts associated with this project, pursuant to the California Environmental Quality Act (CEQA). Evidentiary Findings 2. The creation of 25 private residential parcels and two common -ownership parking/open space parcels is consistent with the proposed Low -Medium Density Residential (6-13 units per gross acre) General Plan land use designation. 3. The maximum density allowed under the proposed General Plan land use designation is 13 units per gross acre and the project provides 9.2 units per gross acre. 4. The proposed Tentative Vesting Subdivision Map ' is consistent with the Planned Development Zoning Ordinance. 5. Thecommon lot would consist of common access driveways, shared parking spaces and landscaping. 6. The proposed project includes provisions for access to natural air and light for all of the units. 7. The Tentative Vesting Subdivision Map has been distributed to local agencies, including Pacific Gas and Electric, West Valley Sanitation District, Santa Clara Valley Transportation Authority and the Santa Clara Valley Water District. None of these agencies raised any concerns about providing services to the proposed lots. 8. Specific comments from local agencies have been incorporated as Conditions of Approval. 9. The provisions of the Covenants, Conditions and Restrictions are necessary to ensure the long-term property maintenance and continued architectural integrity of the project. `T ro1 0ypt-3,� �µ,,1e 19,2017, City Council Resolution PLN2011-256 - 125 S. San Tomas Aquino Road - Tentative Vesting Subdivision Map Page 2 Based on the foregoing findings of fact, the City Council further finds and concludes that: 1. The proposed Tentative Vesting Subdivision Map is consistent with the proposed General Plan and -Zoning Ordinance of the City.' 2. - The proposed Tentative Vesting Subdivision Map does not impair the balance between the housing needs of the region and the public service. needs of its residents and available fiscal and environmental resources. 3. The design of the Tentative Vesting Subdivision Map provides, to the extent feasible, for future passive or natural heating and cooling opportunities., 4. The development and uses will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. N. 5. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. 6. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 7. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required Conditions of Approval, will have a significant adverse impact on the environment. THEREFORE, BE IT RESOLVED that the City Council approves a Tentative Vesting Subdivision Map (PLN2011-256) to create 25 residential lots and two common lots on property located at 125 S. San Tomas Aquino Road, subject to the attached Conditions of Approval (attached Exhibit "A"). PASSED AND ADOPTED this 19th day of June , 2012, by the following roll call vote: AYES: COUNCILMEMBERS: cristina, Baker, Waterman, Low, Kotowski NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None _ ABSTAIN: COUNCILMEMBERS: Nonce APPROVE Michael F. Kotowski, Mayor ATTEST: Anne Bybee, City Clerk r i Conditions of Approval Exhibit A Tentative Vesting Subdivision Map PLN2011-256 - 125 S. San Tomas Aquino Road Page 1 Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review. 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 Planning Division: 1. Approved Proiect: Approval is granted for a Tentative Vesting Subdivision Map (PLN2011-256) to create 25 residential parcels and two common -ownership parcels in conjunction with, and subject to, approval of a General Plan Amendment (PLN2011- 258), a Zoning Map Amendment (PLN2011-257), a Planned Development Permit (PLN2011-255) with a Parking Modification Permit (PLN2012-43), and a Tree Removal Permit (PLN2012-100), on property located at 125 S. San Tomas Aquino Road. The Final Vesting Subdivision Map shall substantially conform to the Tentative Vesting Subdivision Map, included in the revised Project. Plans, dated as received by the Planning Division on March 15, 2012, except as may be modified by the Conditions of Approval herein. 2: Approval Expiration: The Tentative Vesting Subdivision Map approval is valid for a period of two years from the date of final City Council approval unless an extension is granted prior to the expiration date. Recordation of a Final Vesting Map must occur within this two-year period. 3. Indemnity: Within thirty (30) days of project approval, the applicant shall enter into an agreement satisfactory to the City Attorney to indemnify and defend the City of Campbell, its officers, officials, employees, and agents from any and all actions, liabilities, losses, and torts, including attorney's fees arising out of or connected unto any challenge to the decision of the City Council on this application. 4. Planned Development Permit: The Vesting Tentative Subdivision Map is contingent upon the Planned Development Permit (PLN2011-256). A Final Vesting Subdivision Map may not be recorded if the Planned Development Permit expires or is revoked by the City Council. 5. Park Impact Fee: A park impact fee is due upon development of the site, based on the development density of 6 to 13 units per gross acre, and shall be paid to the City. Prior to recordation of the Final Vesting Subdivision Map, 75% of this fee is Conditions of Approval Tentative Vesting Subdivision Map PLN2011-256 - 125 S. San Tomas Aquino Road Page 2 due. The remaining 25% is due prior to issuance of a certificate of building occupancy. The fee is currently set at $9,415.00 per unit. This fee is subject to change and the fee in effect at the time of payment shall be the fee due. 6. Pad Certification: Following site grading and prior to preparation of individual building pad forms, the following improvements shall be certified by a licensed land surveyor and reviewed by the Community Development Director to determine consistency with the Planning Commission approved plan (grade, pad and drainage). 7. Demolition of Structures: Prior to recordation of the Final Vesting Subdivision Map the applicant shall obtain a demolition permit for the demolition of all existing structures and existing trees. Demolition plans shall include removal of well MW-1 in compliance with applicable requirements of the Santa Clara Valley Water District. [MITIGATION MEASURE 8(b)] 8. Property Maintenance: The property is to be maintained free of any combustible trash, debris .and weeds until the time that actual construction commences. All existing structures shall be secured by having windows boarded up and doors sealed shut, or be demolished or removed from the property. 9. Covenants, Codes and Restrictions (CC&R's): Prior to recordation of the Final Vesting Subdivision Map, the applicant shall submit for review and approval by the City a copy of the draft CC&R's which shall include the following: a. Formation of a Homeowner's Association to ensure the long-term maintenance of buildings and property. b. Continued architectural controls to ensure the architectural integrity of the project. C. Definition of common areas to be maintained and provision of maintenance for these areas. d. Provision which shall define the rights of use, allowable landscape or open space improvements, and access rights for the side yard easements. e. Provision of a funding mechanism to ensure maintenance and upkeep of common areas. f. Provision to provide ongoing maintenance of the required private roadways, landscaping, and sound walls as necessary. Graffiti removal from sound walls and fences within a reasonable period of time. g. Provision that requires ongoing maintenance of the landscaped park strip and tree wells in the public right of way. This includes, but is not limited to: trees, lawn, plantings, irrigation, etc. Trees shall not be pruned in a manner that would not allow the tree to grow to a mature height. Conditions of Approval Tentative Vesting Subdivision Map PLN2011-256 - 125 S. San Tomas Aquino Road Page 3 h. Provision for regular monitoring and maintenance of the stormwater system, in accordance with the manufacturer's recommendations. [MITIGATION MEASURE 9(a)] i. Provision for regular monitoring and maintenance of the private sanitary system as described by the designing engineering, and as approved by the City Engineer. j. Provision for the availability of interior garage space for the parking of two vehicles at all times. k. Provision to prohibit the use of outside parking spaces for storage purposes, including boats, trailers, and recreational vehicles. I. Provision to prohibit vehicle washing, and vehicle repair and maintenance activities in the project site, including, but not limited to garages and common parking areas. [MITIGATION MEASURE 9(b)] m. Provision that requires that all landscaping, including but not limited infiltration plantings, be maintained as depicted on the final landscaping plan. [MITIGATION MEASURE 9(c)] PUBLIC WORKS DEPARTMENT f0. Final Map: Prior to issuance of any grading or building permits for the project, the applicant shall submit a final map for review by the City and recordation, upon approval by the City Council, pay various fees/deposits and submit the map in a digital format acceptable to the City. 11. Covenants Conditions, and Restrictions: Provide copies of CC&R's for review and approval by the City prior to recordation of the final map and CC&R's. 1/2. Preliminary Title Report: Upon submittal of the tract map, the applicant shall provide a current (within the past 6 months) Preliminary Title Report. �13. Public Service Easement and Sidewalk Easement: Upon recordation of the final map, the applicant shall grant a 10 public service easement and sidewalk easement on private property contiguous with the public right-of-way along the Bucknall Road and S. San Tomas Aquino Road frontage, unless otherwise approved by the City Engineer. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. /I/4. Private Easements: Upon recordation of the final map, the applicant shall cause private easements to be recorded for private open space, private utilities, private storm drains, reciprocal ingress and egress, emergency vehicles, etc. �5. Demolition: Prior to recording of the final Map, the applicant shall obtain a Demolition Permit and remove any nonconforming structures. J Conditions of Approval Tentative Vesting Subdivision Map PLN2011-256 - 125 S. San Tomas Aquino Road Page 4 �6. Monumentation for Final Map: Prior to recordation of the final map, the applicant shall provide a cash deposit for setting all monuments shown on the map. Monuments shall be set per section 20.76.010 of the Campbell Municipal Code. �.�'� l 14 U0. Soils Report: Prior to issuance of any grading or building permits for the site, applicant shall provide a Soils Report prepared by a registered geotechnical or civil engineer. 18. Grading and Drainage Plan: Prior to recordation of the final map, the applicant shall conduct hydrology studies based on a ten-year storm frequency, prepare an engineered grading and drainage plan, and pay fees required to obtain necessary grading permits. Prior to occupancy, the design engineer shall provide .written certification that the development has been built per the engineered grading and drainage plans. v19. Storm Drain Area Fee: Prior to recordation of the final map, the applicant shall pay the required Storm Drain Area fee, currently set at $2,385 per net acre, which is $4,842. 20 Tree Removal(s): To accommodate the required street improvements three 10" diameter trees may be removed as part of this project. New trees will be installed to replace the trees removed. ✓ 21. Utilities: All new on -site utilities shall be installed underground per Section 21.18.140 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. ,J2. Undergroundinq Street Frontage Utilities: All overhead utility lines along the project's public street frontages (Bucknall Road and S. San Tomas Aquino Road) shall be installed underground per Section 21.18.140 of the Campbell Municipal Code. Applicant shall comply with all utility applications plan submittals, permitting, and fees requirements of the serving utility companies. P fPIUJI�� L 6" 6t 3. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer cleanout(s) shall be relocated or installed on private property behind the public right-of-way line. ,4. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. The plan shall clearly show the location and size of all existing utilities and the associated main lines; indicate which utilities and services are to remain; which utilities and services are to be abandoned, and where new utilities and services will be installed. Joint trenches for new utilities shall be used whenever possible. Conditions of Approval Tentative Vesting Subdivision Map PLN2011-256 - 125 S. San Tomas Aquino Road Page 5 / 25. Pavement Restoration: Based on the utility coordination plan, the applicant shall prepare a pavement restoration plan for approval by the City Engineer prior to any utility installation or abandonment. Streets that have been reconstructed or overlaid within the previous five years will require boring and jacking for all new utility installations. Bucknall Road nor S. San Tomas Aquino Road have not been reconstructed or overlaid in the last 5 years. The pavement restoration plan shall indicate how the street pavement shall be restored following the installation or abandonment of all utilities necessary for the project. /26. Street Improvements: Prior to recordation of the final map, the applicant shall execute a street improvement agreement, cause plans for public street improvements to be prepared by a registered civil engineer, pay various fees and deposits, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City Engineer. The plans shall include the following, unless otherwise approved by the City Engineer: Bucknall Road a. Show location of all existing utilities within the new and existing public right of way. b. Relocation of all existing utilities including utility boxes, covers, poles, etc. outside of sidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk area. c. Removal of existing driveway approach, sidewalk and necessary curb and gutter. d. Removal of uplifted/damaged curb and gutter. e. Installation of City approved street trees, sod and irrigation. f. Installation of City standard curb, gutter and sidewalk. g. Installation of asphalt concrete overlay per street pavement restoration plan for utility installation and/or abandonment, as. required by the City Engineer. h. Installation of streetlights, conduits, conductors and related facilities in accordance with the City of Campbell's Street Lighting Policies. i. Installation of traffic control, stripes and signs. j. Construction of conforms to existing public and private improvements, as necessary. k. Submit final plans in a digital format acceptable to the City S. San Tomas Aquino Road a. Show location of all existing utilities within the new and existing public right of way. b. Relocation of all existing utilities including utility boxes, covers, poles, etc. outside of sidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk area. c. Removal of existing driveway approaches, sidewalk and necessary curb Conditions of Approval Tentative Vesting Subdivision Map PLN2011-256 - 125 S. San Tomas Aquino Road Page 6 and gutter. d. Removal of existing uplifted/damaged curb and gutter. e. Installation of City approved street trees, sod and irrigation. f. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway approach. g. Installation of asphalt concrete overlay per street pavement restoration plan for utility installation and/or abandonment, as required by the City Engineer. h. Installation of streetlights, conduits, conductors .and related facilities in accordance with the City of Campbell's Street Lighting Policies. i. Installation of traffic control, stripes and signs.. j. Construction of conforms to existing public and private improvements, as necessary. 0. k. Submit final plans in a digital format acceptable to the City /27. Maintenance of Landscaping: Owner(s), current and future, are required to maintain the landscaped park strip and tree wells in the public right of way. This includes, but is not limited to: trees, lawn, plantings, irrigation, etc. Trees shall not be pruned in a manner that would not allow the tree to grow to a mature height. 28. - Utility Encroachment Permit: Separate permits for the installation of utilities to serve the development will be required (including water, sewer,.gas, electric, etc.)..Applicant shall apply for and pay all necessary fees for utility permits for sanitary sewer, gas, water, electric, and all other utility work. V29. Additional Street Improvements: Should it be discovered after the approval process that new utility main lines, extra utility work or other work is required to service the development, and should those facilities or other work affect public improvements, the City may add conditions to the development/project/permit, at the discretion of the City Engineer, to restore pavement or other public improvements to the satisfaction of the City. 30. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding stormwater pollution prevention. Specifically the project must include source control, site design and treatment measures to achieve compliance with Provision C.3. of the NPDES Permit. Measures may include, but are not limited to, minimization of impervious surface area, vegetated swales, infiltration areas, and treatment devices. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay. Resources to achieve these objectives include Stormwater Best Management Practices Handbook for New Development and Redevelopment ("CA BMP Handbook") by the Conditions of Approval Tentative.Vesting Subdivision Map PLN2011-256 - 125 S. San Tomas Aquino Road Page 7 California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for Stormwater Quality Protection ("Start at the Source") by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Stormwater Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. Upon submission of the final map, the applicant shall calculate and submit to the City the amount of impervious surface created by the development including the types of stormwater controls to be used. The applicant shall submit preliminary sizing and design showing stormwater controls meet the City's requirements Prior to recordation of the final map: a. The applicant's designer or engineer shall submit the required certification indicating that sizing, selection, and design of treatment BMP's for the project site has been completed to meet the requirements of the City of Campbell's NPDES permit, No. 01-119, Provision C.3. b. The applicant shall sign the "Covenants for the Operation and Maintenance of Stormwater Facilities" and submit a Stormwater Management Plan. Prior to occupancy: a. A qualified BMP certifier is required to inspect the stormwater management facilities, submit a complete set of as -built drawings to Public Works Engineering, and certify on these drawings that: 1. The stormwater management facilities were constructed in compliance with the approved plans. 2. The as -built drawings show all pertinent constructed dimensions, elevations, shapes, and materials. 3. All variations in construction from the approved design plan have been identified, including omissions to and additions from the approved plan. 4. Any changes are in conformance with local, state, or federal regulations. b. The applicant shall provide security for the operation and maintenance of stormwater pollution prevention measures installedor provided as a part of this project. The applicant shall also comply with any other or new conditions as required by the City of Campbell's most current NPDES permit. �31. State General Construction Activity Permit: Prior to issuance of any grading or building permits, the applicant shall comply with the State General Construction Activity Permit requirements including paying fees, filing a Notice of Intent and providing a Storm Water Pollution Prevention Plan (SWPPP). The applicant shall provide the City with a copy of the filed Notice of Intent and SWPPP. 0-1 C�091_D) i Conditions of Approval Tentative Vesting Subdivision Map PLN2011-256 - 125 S. San Tomas Aquino Road Page 8 32. Occupancy and Building Permit Final: Prior to allowing occupancy and/or final building permit signoff for any and/or all buildings, the applicant shall have the required street improvements installed and accepted by the City, and the design engineer shall submit as -built drawings to the City. WEST VALLEY SANITATION DISTRICT OF SANTA CLARA COUNTY i33. Sewer connection: The applicant will be required to abandon all existing sewer -connections and construct a new privately maintained sewer system for the new homes. This private sewer system must be designed and constructed to the district's public sewer standard. Pursuant to district ordinance, code Section 10.130 "TIME OF PAYMENT OF SEWER CONNECTION AND TREATMENT PLANT CAPACITY FEES", THE APPLCIANT IS REQUIRED TO PAY ALL APPLICABLE FEES PRIOR TO THE ISSUANCE OF A "Non -Interference" letter for the recordation of the Final Map. MEMORANDUM CITY OF CAMPBELL TO: Daniel Fama, Project Planner DATE: 03/02/12 FROM: Ed Arango, Associate Engineer SUBJECT: DRC APPLICATION Site Address: 125 S. San Tomas Aquino Road For File No(s): PLN 2011 Project Description: New 25 unit single family subdivision Applicant: Michael Fletcher, Arcadia Homes PUBLIC WORKS DEPARTMENT CONDITIONS OF APPROVAL 1. Final Mau: Prior to issuance of any grading or building permits for the project, the applicant shall submit a final map for review by the City and recordation, upon approval by the City Council, pay various fees/deposits and submit the map in a digital format L.. acceptable to the City. 2, Covenants Conditions and Restrictions: Upon submittal of the final map, provide copies of CC&Rs for review by the City. Preliminary Title Report: Upon submittal of the final map, the applicant shall provide a current (within the past 6 months) Preliminary Title Report. 4. Public Service Easement and Sidewalk Easement: Upon recordation of the final map, the applicant shall grant a 10 public service easement and sidewalk easement on private property contiguous with the public right-of-way along the Bucknall Road and S. San Tomas Aquino Road frontage, unless otherwise approved by the City Engineer. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 5. Private Easements: Upon recordation of the final map, the applicant shall cause private ..................................... ...... ............. .... ...... easements. ._to. ...be...r..ecorded...for.._phvate...utilitilw.s,....pr;vate..stQx�xt...drains}..reciprocal.. ingress.._and................. egress, emergency vehicles, etc. 6. Demolition: Prior to recording of the final map the applicant shall obtain a demolition permit and remove any nonconforming structures. 7. Monumentation for Final Mau: Prior to recordation of the final map, the applicant shall provide a cash deposit for setting all monuments shown on the map. Monuments shall be set per section 20.76.010 of the Campbell Municipal Code. J:\LandDev\Conditions\P1ng\STAR 125.doe Page 1 of 5 125 S. San Tomas Aquino Road 8. Soils Report: Prior to issuance of any grading or building permits for the site, applicant shall provide a soils report prepared by a registered geotechnical or civil engineer. Grading and Drainage Plan: Prior to issuance of any grading or building permits for the site, the applicant shall conduct hydrology studies based on a ten-year storm frequency, prepare an engineered grading and drainage plan, and pay fees required to obtain necessary grading permits. Prior to occupancy, the design engineer shall provide written certification that the development has been built per the engineered grading and drainage plans. 10. Storm Drain Area Fee: Prior to recordation of the final map, the applicant shall pay the required Storm Drain Area fee, currently set at $2,385 per net acre, which is $4,842. 11. Tree Removal(s): To accommodate the required street improvements three 10" diameter trees may be removed as part of this project. New trees will be installed to replace the trees removed. 12, Utilities: All on -site utilities shall be installed underground per Section 21.18.140 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. 13. Underarounding Street Frontage Utilities: All overhead utility lines along the project's public street frontages (Bucknall Road and S. San Tomas Aquino Road) shall be installed underground per Section 21.18.140 of the Campbell Municipal Code. Applicant shall comply with all utility applications, plan submittals, permitting, and fee requirements of the serving utility companies. 14. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer cleanout(s) shall be relocated or installed on private property behind the public right-of- way line. 15. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. The plan shall clearly show the location and size of all existing utilities and the associated main lines; indicate which utilities -and services are to remain; which utilities and services are to be abandoned, and where new utilities and services will be installed. Joint trenches for new utilities shall be used whenever possible. 16. Pavement Restoration: Based on the utility coordination plan, the applicant shall prepare a pavement restoration plan for approval by the City Engineer prior to any utility installation or abandonment. Streets that have been reconstructed or overlaid within the previous five years will require boring and jacking for all new utility installations. Bucknall Road nor S. San Tomas Aquino Road have not been reconstructed or overlaid in the last 5 years. The pavement restoration plan shall indicate how the street pavement shall be restored J.\LandDev\Conditions\Ping\STAR 125.doc Page 2 of 5 125 S. San -Tomas Aquino Road following the installation or abandonment of all utilities necessary for the project. 17. Street Improvements: Prior to recordation of the final map, the applicant shall execute a street improvement agreement, cause plans for public street improvements to be prepared by a registered civil engineer, pay various fees and deposits, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City Engineer. The plans shall include the following, unless otherwise approved by the City Engineer: Bucknall Road a. Show location of all existing utilities within the new and existing public right of way. b. Relocation of all existing utilities including utility boxes, covers, poles, etc. outside of sidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk area. c. Removal of existing driveway approach, sidewalk and necessary curb and gutter. d. Removal of uplifted/damaged curb and gutter. e. Installation of City approved street trees, sod and irrigation. f. Installation of City standard curb, gutter and sidewalk. g. Installation of asphalt concrete overlay per street pavement restoration plan for utility installation and/or abandonment, as required by the City Engineer. h. Installation of streetlights, conduits, conductors and related facilities in accordance with the City of Campbell's Street Lighting Policies. i. Installation of traffic control, stripes and signs. j. Construction of conforms to existing public and private improvements, as necessary. k. Submit final plans in a digital format acceptable to the City S. San Tomas Aquino Road a. Show location of all existing utilities within the new and existing public right of way. b. Relocation of all existing utilities including utility boxes, covers, poles, etc. outside of sidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk area. c. Removal of existing driveway approaches, sidewalk and necessary curb and gutter. d. Removal of existing uplifted/damaged curb and gutter. e. Installation of City approved street trees, sod and irrigation. f. Installation of' City standard curb, gutter, sidewalk and ADA compliant driveway approach. - g. Installation of asphalt concrete overlay per street pavement restoration plan for utility installation and/or abandonment, as required by the City Engineer. h. Installation of streetlights, conduits, conductors and related facilities in accordance with the City of Campbell's Street Lighting Policies. J:\iandDev\Conditions\Ping\STAR 125.doo Page 3 of 5 125 S. San Tomas Aquino Road i. Installation of traffic control, stripes and signs. j.. Construction of conforms to existing public and private improvements, as necessary. k. Submit final plans in a digital format acceptable to the City 18. Maintenance of Landscauina. Owner(s), current and future, are required to maintain the landscaped park strip and tree wells in the public right of way. This includes, but is not limited to: trees, lawn, plantings, irrigation, etc. Trees shall not be pruned in a manner that would not allow the tree to grow to a mature height. 19. Utili!y Encroachment Permit: Separate permits for the installation of utilities to serve the development will be required (including water, sewer, gas, electric, etc.). Applicant shall apply for and pay all necessary fees for utility permits for sanitary sewer, gas, water, electric and all other utility work. 20. Additional Street Improvements: Should it be discovered after the approval process that new utility main lines, extra utility work or other work is required to service the development, and should those facilities or other work affect any public improvements, the City may add conditions to the development/project/permit, at the discretion of the City Engineer, to restore pavement or other public improvements to the satisfaction of the City. 21, Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding stormwater pollution prevention. Specifically the project must include source control, site design and treatment measures to achieve compliance with Provision C.3. of the NPDES Permit. Measures may include, but are not limited to, minimization of impervious surface area, vegetated swales, infiltration areas, and treatment devices. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay. Resources to achieve these objectives include Stormwater Best Management Practices Handbook for New Development and Redevelopment ("CA BMP Handbook") by the California Stormwater Quality Association (CASQA), _2003; Start at the Source: A Design Guidance Manual for Stormwater Quality Protection ("Start at the Source") by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Stormwater Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. Upon submission of the final map, the applicant shall calculate and submit to the City the amount of impervious surface created by the development including the types of stormwater controls to be used. The applicant shall submit preliminary sizing and design showing stormwater controls meet the City's requirements. J;\LandDev\CondWons\Ping\STAR 125.doe . Page 4 of 5 125 S. San Tomas Aquino Road Prior to recordation of the final map: a. The applicant's designer or engineer shall submit the required certification indicating that sizing, selection, and design of treatment BMP's for the project site has been completed to meet the requirements of the City of Campbell's NPDES permit, No. 01-119, Provision C.3. b. The applicant shall sign the "Covenants for the Operation and Maintenance of Stormwater Facilities" and submit a Stormwater Management Plan. Prior to occupancy: a. A qualified BMP certifier is required to inspect the stormwater management facilities, submit a complete set of as -built drawings to Public Works Engineering, and certify on these drawings that: 1. The stormwater management facilities were constructed in compliance with the approved plans. 2. The as -built drawings show all pertinent constructed dimensions, elevations, shapes, and materials. 3. All variations in construction from the approved design plan have been identified, including omissions to and additions from the approved plan. 4. Any changes are in conformance with local, state, or federal regulations. b. The applicant shall provide security for the operation and maintenance -of stormwater pollution prevention measures installed or provided as a part of this project. The applicant shall also comply with any other or new conditions as required by the City of Campbell's most current NPDES permit. 22. State General Construction Activity Permit: Prior to issuance of any grading or building permits, the applicant shall comply with the State General Construction Activity Permit requirements including paying fees, filing a Notice of Intent and providing a Storm Water Pollution Prevention Plan (SWPPP). The applicant shall provide the City with a copy of the filed Notice of Intent and SWPPP. 23. OccupMey and Building Permit Final: Prior to allowing occupancy and/or final building permit signoff for any and/or all buildings, the applicant shall have the required street improvements installed and accepted by the City, and the design engineer shall submit as - built drawings to the City. JAL=dDev\Conditions\Phi0TAR 125.doe Page 5 of 5 \, OF C4��,/, r !' �A, F' G� UA'CHARn CITY of CAMPBELL Community Development Department March 2, 2012 Arcadia Homes, Inc. Attn: Michael Fletcher P.O. Box 320098 Los Gatos, CA 95032 San Tomas Partners, LLC Attn: John Kirkorian 1630 W. Campbell Ave. Campbell, CA 95008 via e-mail and USPS Re: File No: PLN2011-255/256/257/258/259 I PLN2012-43 Address: 125 S. San Tomas Aquino Road Application: P-D Permit/Vesting Tentative Map/Zoning Change/ General Plan Amendment/Parking Modification Permit Status: INCOMPLETE (2nd Submittal) Gentlemen, Thank you for your February 3, 2012 resubmittal of project materials for development of 25 small -lot single family residences on property located at the above referenced address. Based on a review of the revised materials, your application remains incomplete. The following additional information and revisions to the project plans are needed in order to continue processing of this application. ENVIRONMENTAL REVIEW Although this application remains incomplete, the revised project materials -are sufficient to begin environmental assessment under the California Environmental Quality Act. This review will take the form of an Initial Study and likely preparation of a Mitigated Negative Declaration. As noted previously, additional documentation necessary to conduct the environmental review that has yet to be requested may still be required as permitted'by CMC 21.38.040. Completion of the environmental review is required prior to scheduling of any public hearings. Additionally, it also necessary at this time to provide the Department of Fish and Game environmental review fee required to file a Negative Declaration. Please remit $2,151.50 for payment of this fee (see enclosed invoice). 70 North First Street • Campbell, California 95008-1423 - TEL 408.866.2140 • FAx 408.871.5140 - TDD 408.866.2790 PLN2011-255-258 -125 STomas Aquino Road Page 2 of 4 ADDITIONAL MATERIALS Affordable Housing_P-1 : This project is subject to the City's Inclusionary Housing Ordinance (CMC 21.24) that requires 15 percent of the proposed units to be set aside as lower- to moderate -income affordable units. Staff has been informed of a desire to pursue an off -site rental alternative in -lieu of proving the units on site. Information that was provide included a general description of the units (location, square -footage, bedrooms/bathrooms), and monthly rental rates. For the City to approve this alternative, it must be found that provision of off -site rental would units would provide a greater public benefit than on -site for -sale units. To adequately judge the desirability of this alternative, additional information is necessary. Specifically, please provide photographic documentation for each unit, a description of the type and quality of internal finishes for each unit, and an inspection report for each four-plex building. 2. Neighborhood Outreach: Please explain what outreach you have done, or plan to do, with surrounding residents (both in Campbell and in San Jose) as well as adjacent businesses and the Harker School. Additionally, the City now requires submittal of neighbor notification forms. Please return the completed forms (copy enclosed) from the abutting property owners along John Kirk Court. 3. Color/Material Boards: Please revise the electronic version of the color/material boards so that each board is represented on a separate 8 t/2" x 11" PDF sheet. PLAN REVISIONS 4. Project Information Sheet (Sheet CS21: The following must be revised on the project summary table: a. Provide an accurate gross lot area value. Gross lot area describes the net lot areas plus the area between the centerline of adjacent public streets and the property lines. As such, the value is larger than the net lot area. b. Provide the project's density (number of units per gross acre). 5. Architectural Site Plan (Sheet SP1): The following must be revised on the Architectural Site Plan: a. Dimensionalize the new sidewalk, landscaping strip, and street -centerline to property - line dimension in the same manner as the grading and drainage plan (Sheet C-2), for both the Bucknall and San Tomas Aquino frontages. b. Provide typical dimensions for the proposed street parking spaces. c. More clearly delineate the proposed property lines. d. Under the "Notes" column, identify the screening fencing that will enclose the side yards. e. Revise the sound wall note to refer to Sheet L-7 (currently missing the `7'). 70 North First Street - Campbell, CA 95008-1423 - TEL (408) 866-2140 - FAx (408) 866-5140 - E-MAIL planning@cityofcampbell.com PLN2011-255-258 -125 S.-,:,- Tomas Aquino Road - Page 3 of 4 f. The heavy line that appears to identify the contrast banding around some of the side yards is unnecessary. Please remove or otherwise explain. g. Site coverage calculations under "Project Summary" should be taken from the `net' lot area. As such, there is no need to provide the gross lot area value on this sheet. h. Show the 5-ft setback between the internal roadway and the northern and western property lines. i. Sheet SS2 shows a 6-ft sound wall along the western property line, however, this sheet indicates a 7-ft sound wall. As the acoustical study did not indicate the need for a 7-ft wall along this property line, it is assumed, that the provided notation is incorrect. If this is true, revise the notation to indicate a 6-ft wall. 6. Architectural Site Plan (Sheet SP2): Upon review, it does not appear that this sheet is necessary - please remove it from the set. However, the open space calculations should still provided, on Sheet CS2. For brevity, this information may be provided in a truncated manner (e.g., Lots 3, 4, 5 : 221 sq. ft. open space). 7. Site Model and Details (Sheet SP3): For consistency, the fencing detail should be placed with the pre -cast wall detail on Sheet L-7. 8. Elevations (Sheet Al, A2, Al2, A13, & A22 - A27): Although in context of the streetscape drawings, these elevation drawings are useful in presenting the image of the project, in conjunction with the line drawing elevations, they seem unnecessary. Please remove these sheets from the project plans. 9. Enhanced Elevations (Sheet A3): In lieu of the drawings on this sheet, please provide a line drawing elevation for the enhanced Lot 5 right -side elevation. 10. Lighting Plan: The photometric plan that had previously been provided (Sheet E-1) does not appear in the revised project plans. Please provide, ensuring that the plan includes a note indicating conformance with the Campbell Lighting Design Standards (CMC Sec. 21.18.090). 11. Preliminary Landscaping: The following must be revised on the Preliminary Landscaping Plan: a. Revise as appropriate the notation for a 7-ft sound wall at the western property line, consistent with Comment #5(i). b. Revise the notations for the 6-ft sound wall for the individual units. This noise barrier is proposed to be a fence, not a wall. DEPARTMENTAL REVIEW The revised application materials were also reviewed by the Public Works Department Land Engineering Division. Preliminary conditions of approval from Engineering are enclosed for your review. 70 North First Street • Campbell, CA 95008-1423 • TEL (408) 866-2140 • FAx (408) 866-5140 • E-MAIL planning@cityofcampbell.com PLN2011-255-258 125 curt Tomas Aquino Road Page 4 of 4 If you should have any questions regarding these comments, I may be contacted at (408) 866- 2193 or by email at danielf@cityofeg]npbell.com. When resubmitting the project plans, please provide one 24" x 36" color copy, six 11"xl7" color copies, and a CD with an electronic copy (PDF format). For the electronic copy, please provide the standard high resolution version, as well as a reduced scale and/or lower resolution version suitable for viewing on an iPad (no more than 3MB in size). With resubmittal, please also provide a response letter itemizing the specific revisions made and/or additional materials provided. erely, aniel Fama Assistant Planner Encl: Fee Invoice Neighbor Notification Form Public Works Conditions of Approval cc: Paul Kermoyan, Planning Manager Ed Arango, Associate Engineer 70 North First Street • Campbell, CA 95008-1423 • TEL (408) 866-2140 • FAx (408) 866-5140 • E-MAIL planning@cityofeampbell.com OF • CAM Fee Payment Report Application Applicant 0 0 0RCH Ati� PLN2011-00259 Pentamation Account Code Date Amount Due ZN32 Recording (Neg. Dec.) 101.551.4660 3/2/2012 DV $.2,151.50 Total Fees: $ 2,151.50 Site Address 125 S SAN TOMAS AQUINO R Recvd By: Page 1 of 1 3/2/2012 9:59:58AM Attachment G oe'c`A4 U�. 0 0 F' G� •CRCHApO CITY OF CAMPBELL Community Development Department Neighbor Acknnowled2ement Form APPLICANT: PROJECT ADDRESS: APPLICATION NUMBER: PLN - Dear Neighbor, I am proposing a residential project at the above stated address and would like to provide you with an opportunity to review the proposal and provide comments. All of the neighboring property owners that share a property line with my property are being provided this notice as a courtesy in advance of the standard City Notice which will be sent out prior to a decision being made on the project. I ask that you familiarize yourself with the preliminary project plans. These plans are PRELIMINARY ONLY and there may be modifications required by the project planner during the formal review period to ensure compliance with City Standards. In order to provide an opportunity to provide comment on any plan revisions, a notification of a public comment period will be mailed to the owner of your residence at least ten days prior to decision. You are invited to contact the City of Campbell's Planning Division at any time during the project review period to view the most recent project plans on file. The City of Campbell asks that this form and a reduced set of plans be signed by each neighbor to indicate that they have had an opportunity to review the proposal. In no way does your signature imply that you support the project. If you have further interest in the project, you may contact the City of Campbell at 408-866-2140 and speak with the assigned project planner. My signature below certifies that I am aware of the proposed project and have reviewed the preliminary project plans. Neighbor Name: Signature: Address: Date: 70 North First Street - Campbell, California 95008-1423 - TEL 408.866.2140 - FAX 408.871-5140 - TDD 408.866-2790 MEMORANDUM CITY OF CAMPBELL TO: I Daniel Fama, Project Planner DATE: 03/02/12 FROM: Ed Arango, Associate Engineer SUBJECT: DRC APPLICATION Site Address: 125 S. San Tomas Aquino Road For File No(s): PLN 2011 Project Description: New 25 unit single family subdivision Applicant: Michael Fletcher,'Arcadia Homes PUBLIC WORKS DEPARTMENT CONDITIONS OF APPROVAL 1. Final Map: Prior to issuance of any grading or building permits for the project, the applicant shall submit a final map for review by the City and recordation, upon approval by the City Council, pay various fees/deposits and submit the map in a digital format acceptable to the City. 2. Covenants, Conditions, and Restrictions: Upon submittal of the final map, provide copies of CC&Rs for review by the City. 3. Preliminary Title Report: Upon submittal of the final map, the applicant shall provide a current (within the past 6 months) Preliminary Title Report. 4. Public Service Easement and Sidewalk Easement: Upon recordation of the final map, the applicant shall grant a 10 public service easement and sidewalk easement on private property contiguous with the public right-of-way along the Bucknall Road and S. San Tomas Aquino Road frontage, unless otherwise approved by the City Engineer. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 5. Private Easements: Upon recordation of the final map, the applicant shall cause private easements to be recorded for private utilities, private storm drains, reciprocal ingress and egress, emergency vehicles, etc. 6. Demolition: Prior to recording of the final_ map the applicant shall obtain a demolition permit and remove any nonconforming structures. 7. Monumentation for Final Map: Prior to recordation of the final map, the applicant shall provide a cash deposit for setting all monuments shown on the map. Monuments shall be set per section 20.76.010 of the Campbell Municipal Code. CADocuments and Settings\danielv\Local Settings\Tempomry Internet Fi1es\0LK4C\STAR 125.doc Page 1 of 5 `11 12L; i. San Tomas Aquino Road 8. Soils Report: Prior to issuance of any grading or building permits for the site, applicant shall provide a soils report prepared by a registered geotechnical or civil engineer. 9. Grading and Drainage Plan: Prior to issuance of any grading or building permits for the site, the applicant shall conduct hydrology studies based on a ten-year storm frequency, prepare an engineered grading and drainage plan, and pay fees required to obtain necessary grading permits. Prior to occupancy, the design engineer shall provide written certification that the development has been built per the engineered grading and drainage plans. 10. Storm Drain Area Fee: Prior to recordation of the final map, the applicant shall pay the required Storm Drain Area fee, currently set at $2,385 per net acre, which is $4,842. 11. Tree Removal(s): To accommodate the required street improvements three 10" diameter trees may be removed as part of this project. New trees will be installed to replace the trees removed. 12. Utilities: All on -site utilities shall be installed underground per Section 21.18.140 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. 13. Undergrounding Street Frontage Utilities: All overhead utility lines along the project's public street frontages (Bucknall Road and S. San Tomas Aquino Road) shall be installed underground per Section 21.18.140 of the Campbell Municipal Code. Applicant shall comply with all utility applications, plan submittals, permitting, and fee requirements of the serving utility companies. 14. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer cleanout(s) shall be relocated or installed on private property behind the public right-of- way line. 15. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. The plan shall clearly show the location and size of all existing utilities and the associated main lines; indicate which utilities and services are to remain; which utilities and services are to be abandoned, and where new utilities and services will be installed. Joint trenches for new utilities shall be used whenever possible. 16. Pavement Restoration: Based on the utility coordination plan, the applicant shall prepare a pavement restoration plan for approval by the City Engineer prior to any utility installation or abandonment. Streets that have been reconstructed or overlaid within the previous five years will require boring and jacking for all new utility installations. Bucknall Road nor S. San Tomas Aquino Road have not been reconstructed or overlaid in the last 5 years. The pavement restoration plan shall indicate how the street pavement shall be restored CADocuments and Settings\daniely\Local Settings\Temporary Internet Files\OLK4C\STAR 125.doc Page 2 of 5 12�_,- . San Tomas Aquino Road following the installation or abandonment of all utilities necessary for the project. 17. Street Improvements: Prior to recordation of the final map, the applicant shall execute a street improvement agreement, cause plans for public street improvements to be prepared by a registered civil engineer, pay various fees and deposits, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City Engineer. The plans shall include the following, unless otherwise approved by the City Engineer: Bucknall Road a. Show location of all existing utilities within the new and existing public right of way. b. Relocation of all existing utilities including utility boxes, covers, poles, etc. outside of sidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk area. c. Removal of existing driveway approach, sidewalk and necessary curb and gutter. d. Removal of uplifted/damaged curb and gutter. e. Installation of City approved street trees, sod and irrigation. f. Installation of City standard curb, gutter and sidewalk. g. Installation of asphalt concrete overlay per street pavement restoration plan for utility installation and/or abandonment, as required by the City Engineer. h. Installation of streetlights, conduits, conductors and related facilities in accordance with the City of Campbell's Street Lighting Policies. i. Installation of traffic control, stripes and signs. j. Construction of conforms to existing public and private improvements, as necessary. k. Submit final plans in a digital format acceptable to the City S. San Tomas Aquino Road a. Show location of all existing utilities within the new and existing public right of way. b. Relocation of all existing utilities including utility boxes, covers, poles, etc, outside of sidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk area. c. Removal of existing driveway approaches, sidewalk and necessary curb and gutter. d. Removal of existing uplifted/damaged curb and gutter. e. Installation of City approved street trees, sod and irrigation. f. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway approach. g. Installation of asphalt concrete overlay per street pavement restoration plan for utility installation and/or abandonment, as required by the City Engineer. h. Installation of .streetlights, conduits, conductors and related facilities in accordance with the City of Campbell's Street Lighting Policies. CADocuments and Settings\danielvUeal Settings\Temporary Internet Fi1es\OLK4C\STAR 125.doc Page 3 of 5 125` __-pan Tomas Aquino Road i. Installation of traffic control, stripes and signs. j. Construction of conforms to existing public and private improvements, as necessary. k. Submit final plans in a digital format acceptable to the City 18. Maintenance of Landscaping: Owner(s), current and future, are required to maintain the landscaped park strip and tree wells in the public right of way. This includes, but is not limited to: trees, lawn, plantings, irrigation, etc. Trees shall not be pruned in a manner that would not allow the tree to grow to a mature height. 19. Utility Encroachment Permit: Separate permits for the installation of utilities to serve the development will be required (including water, sewer, gas, electric, etc.). Applicant shall apply for and pay all necessary fees for utility permits for sanitary sewer, gas, water, electric and all other utility work. 20. Additional Street Improvements: Should it be discovered after the approval process that new utility main lines, extra utility work or other work is required to service the development, and should those facilities or other work affect any public improvements, the City may add conditions to the development/project/permit, at the discretion of the City Engineer, to restore pavement or other public improvements to the satisfaction of the City. 21. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding stormwater pollution prevention. Specifically the project must include source control, site design and treatment measures to achieve compliance with Provision C.3. of the NPDES Permit. Measures may include, but are not limited, to, minimization of impervious surface area, vegetated swales, infiltration areas, and treatment devices. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay. Resources to achieve these objectives include Stormwater Best Management Practices Handbook for New Development and Redevelopment ("CA BMP Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for Stormwater Quality Protection ("Start at the Source") by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Stormwater Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. Upon submission of the final map, the applicant shall calculate and submit to the City the amount of impervious surface created by the development including the types of stormwater controls to be used. The applicant shall submit preliminary sizing and design showing stormwater controls meet the City's requirements. CADocuments and SettingAdanielv\Local Settings\Tempomry Internet Files\OLK4C\STAR 125.doc Page 4of5 12_ _. San Tomas Aquino Road Prior to recordation of the final leap: a. The applicant's designer or engineer shall submit the required certification indicating that sizing, selection, and design of treatment BMP's for the project site has been completed to meet the requirements of the City of Campbell's NPDES permit, No. 01-119, Provision C.3. b. The applicant shall sign the "Covenants for the Operation and Maintenance of Stormwater Facilities" and submit a Stormwater Management Plan. Prior to occupancy: a. A qualified BMP certifier is required to inspect the stormwater management facilities, submit a complete set of as -built drawings to Public Works Engineering, and certify on these drawings that: 1. The stormwater management facilities were constructed in compliance with the approved plans. 2. The as -built drawings show all pertinent constructed dimensions, elevations, shapes, and materials. 3. All variations in construction from the approved design plan have been identified, including omissions to and additions from the approved plan. 4. Any changes are in confonnance with local, state, or federal regulations. b. The applicant shall provide security for the operation and maintenance of stormwater pollution prevention measures installed or provided as a part of this proj ect. The applicant shall also comply with any other or new conditions as required by the City of Campbell's most current NPDES permit. 22. State General Construction Activity Permit: Prior to issuance of any grading or building permits, the applicant shall comply with the State General Construction Activity Permit requirements including paying fees, filing a Notice of Intent and providing a Storm Water Pollution Prevention Plan (SWPPP). The applicant shall provide the City with a copy of the filed Notice of Intent and SWPPP. 23. Occupancy and Building Permit Final: Prior to allowing occupancy and/or final building permit signoff for any and/or all buildings, the applicant shall have the required street improvements installed and accepted by the City, and the design engineer shall submit as - built drawings to the City. CADocuments and Settings\danielv\Local Settings\Temporary Internet Fi1es\0LK4C\STAR 125.doc Page 5 of 5 °f CA .6 DEVELOPMENT REVIEW COMMITTEE ROUTING SHEET bG� RCHp40 Distribution: February 6, 2012 Presentation: February 14, 2012 Completeness: February 21, 2012 Comments: February 28, 2012 ROUTE TO: Building Division Police Department Fire Department Redevelopment Coordinator arxdD-evelopnten__ tDxv,Lsc Traffic Engineer PROJECT DESCRIPTION: `RESUBMITTAL, of a Planned Development Permit/General Plan Amendment/Zoning Map Amendment/Subdivision Map to redevelop the Kirkwood Auto Center with a 25-unit small -lot single-family subdivision. File No.: APN: Applicant: Property Owner: Project Address: Zoning District: Proposed Zoning: General Plan Designation: Proposed GP Designation: PROJECT PLANNER: PLN2011-255/256/257/258/259 403-02-039 Michael Fletcher, Arcadia Homes San Tomas Partners, LLC 125 S. San Tomas Aquino Rd. C-1 (Neighborhood Commercial) P-D (Planned Development) Neighborhood Commercial Low -Medium Density Residential (6-13 units/gr. acre) Daniel Fama DEPARTMENTAL RECOMMENDATION: 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 Comments No Comments Additional information/revisions (see attached) i i Santa Clara Valley G:3 Stormwater Handbook Urban Runoff Pollution Prevention Program Attachment IV-1 Sizing for Volume -Based Treatment Controls <S- - II. Sizing for Volume -Based Treatment Controls �S C 41 o -r The SCVURPPP Permit Provision C.3.d allows two methods for sizing volume -based controls —the Urban Runoff Quality Management method (URQM Method) or the California Stormwater Best Management Practice' (BMP) Handbook Volume Method. Steps for applying these methods are presented in Sections A and B below. Section A.— Sizing Volume -Based Treatment Controls based on the Urban Runoff Quality Management', Approach (URQMApproach) The equations used in this method are: Where: Po=(a*CW)* P6 C,,,=0.858P-0.78e+0.774i+0.04 Po = maximized detention storage volume (inches over the drainage area to the BMP) a = regression constant (unitless) CW = watershed runoff coefficient (unitless)z P6 = mean storm event precipitation depth (inches); i = watershed impervious ratio (range: 0-1) Step 1. Determine the drainage for the BMP, A = acre P�AnS �9�z C S.0 Step 2. Determine the watershed impervious ratio, "i ", which is the amount of impervious area in the drainage area to the BMP divided by the drainage area, or the percent of impervious area in the drainage area divided by 100. a. Estimate the amount of impervious surface roofto s, hardscape, streets, and sidewalks, etc.) in the area draining to the BMP = acres b. Calculate the watershed impervious ratio, is i = amount of impervious area (acres)/drainage area for the BMP (acres) i = (Step 2.a.)/(Step 1) _ I I (range: 0-1) Percent impervious area-- ill00 % ' For the purpose of this worksheet, a stormwater best management practice, or BMP, is the same as a stormwater treatment measure or device. 2 For the purpose of this worksheet, the watershed runoff coefficient is notated as "CW" to avoid confusion with the runoff coefficient "C" used in the Rational Method. IV. Treatment Control Sizing Criteria Attachment IV-1 — Page 2 FINAL FASC46\SC46.24%C.3. Guidance ManualTinal May 20041Chap1a 4V dachmmt iv-1 sizing worhsheds_May 2004.doc May 20, 2004 Santa Clara Valley C.3 Stormwater Handbook Urban Runoff Pollution Prevention Program Attachment IV-1 Sizing for Volume -Based Treatment Controls Section A.— URQMApproach (continued) Step 3. Determine the watershed runoff coefficient, "C,,,", using the following equation: CW=0.858i3 — 0.78e + 0.774i + 0.04 , using "i" from Step 2.b. CW = Step 4. Find the mean annual precipitation at the site (MAPs$e). To do so, estimate where the site is on Figure land estimate the mean annual precipitation in inches from the rain line (isopleth) nearest to the project site.3, Mean annual precipitation at the site, MAPsite = (Each line on the figure, called a rainfall isopleth, indicates locations where the same amount of rainfall falls on average each year (e.g., the isopleth marked 14 indicates that areas crossed by this line average 14 inches of rainfall per year). If the project location is between two lines, estimate the mean annual rainfall depending on the location of the site) Step 5. Identify the reference rain gage closest to the project site from the following list. Table 2: Precipitation Data for Four Reference Gages Gages Mean Annual Precipitation (MAPgage) (in) Mean Storm Event Precipitation (P6) gage (in) San Jose Airport 13.9 0.512 Palo Alto 13.7 0.522 Gilroy 18.2 0.684 Morgan Hill 19.5 0.760 Select the MAPga$e and the mean storm precipitation (P6) gage for the reference gage, and use them to determine (P6) site for the project site in Step 6. MAPgage = /p 01 6) gage = 3 Check with the local municipality to determine if more detailed maps are available for locating the site and estimating MAP. IV. Treatment Control Sizing Criteria Attachment IV-1— Page 3 FINAL FASC46\SC46.24\C.3. Guidance Manual\Final May 2004\Chapia 4Wttachment iv-1 sizing w ksheets_May 2004.doc May 20, 2004 Santa Clara Valley (,:-I Stormwater Handbook Urban Runoff Pollution Prevention Program Attachment IV-1 Sizing for Volume -Based Treatment Controls Section A.— URQMApproach (continued) Step 6. Calculate the mean storm event precipitation depth at the project site, called (P6) Site. Multiply the mean storm event precipitation depth for the rain gage chosen by a correction factor, which is the ratio of the mean annual precipitation at the site (MAPsite) to the mean annual precipitation at the rain gage (MAPgage). ( 6) site= (PO gage * (N4APsite) / (MAPgage)- (P6) Site =Mean Event Precipitation (P6) gage (Steps) * (MAPs;te) (Step4) / (MAPgage)(Step5). P6 Site = 0 inches Step 7 Find "a", the regression constant (unitless) 4: a = 1.963 for a 48-hour drain time a = 1.582 for a 24-hour drain time a = a = 1.312 for a 12-hour drain time Recommendation: Use a 48-hour drain time for detention basins and 24-hour drain time for pervious paving. Step 8 Determine the maximized detention storage volume Po: Po = (a*Q * P6 Po = (Step 7 * Step 3) * (Step 6) Po = I I inches Step 9 Determine the volume of the runoff to be treated from the drainage area to the BMP (i.e., the BMP design volume): Design volume = Po * A = (Step 8) * (Step 1) * 1 foot/12 inches Design Volume = acre-feet 4 WEF Manual of Practice No. 23 and the ASCE Manual of Practice No. 87 (1998), pages 175-178. IV. Treatment Control Sizing Criteria Attachment IV-1 — Page 4 FINAL FASC46\SC46.24\C.3. Guidance M—al\Final May 2004\Chap1a4Wttachm tiv-1 sizing workshats_May 2004.doc May 20, 2004 U IL Infiltration Feasibility Worksheet Municipal Regional Stormwater Permit (MRP) Stormwater Controls for Development Projects City of Campbell 70 N. (First street Campbell, CA 95000 (408) 866.2150 www.cityofcampbeii.corn Rev 10/17/2011 Complete this worksheet for e.3 Regultated Projects` for which the soil hydraulic conductivity (Ksat) exceeds 1.6. Use this checklist to determine the feasibility of treating the C.3.d amount of runoff* with infiltration. Where it is infeasible to treat the C.3.d amount of runoff' with infiltration or rainwater harvesting and use, stormwater may be treated with biotreatment• measures. See Glossary (Attachment 1) for definitions of terms marked with an asterisk (). 1. Enter Project Data. 1.1 Project Name: South San Tomas Aquino & Bucknall Road 1.2 Project Address: 125 South San Tomas Aquino Road 1.3 Applicant/Agent Name: Arcadia Homes, Inc - Michael Fletcher 1.4 Applicant/Agent Address: P.O. Box 320098 Los Gatos, CA 95032 Applicant / Agent 1.5 Applicant/Agent Email: mdfc�arcadiacompanies.com 408 402-7300 Phone: 2. Evaluate infiltration feasibility. Check "Yes"or "No" to indicate whether the following conditions apply to the project. If "Yes"is checked for any question, then infiltration is infeasible, and you can continue to Item 3.1 without answering any further questions in Section 2. If all of the answers in Section 2 are 'No," then infilfration is feasible, and you may design infiltration facifities' for the area from which runoff must be treated. Items 2.1 through 2.3 address the feasibility of using infiltration devices 1, as well as the potential need to line biorctention areas. Yes No 2.1 Would infiltration facilities at this site conflict with the location of existing or proposed underground C� U utilities or easements, or would the siting of infiltration facilities at this site result in their placement on top of underground utilities, or otherwise oriented to underground utilities, such that they would discharge to the utility trench, restrict access, or cause stability concerns? (It yes, attach evidence documenting this condition.) 2.2 Is there a documented concern that there is a potential on the site for soil or groundwater pollutants to V o be mobilized? (If yes, attach documentation of mobilization concerns.) 2.3 Are geotechnical hazards present, such as steep slopes, areas with landslide potential, soils subject to liquefaction, or would an infiltration facility need to be built less than 10 feet from a building foundation or other improvements subject to undermining by saturated soils? (If yes, attach documentation of geotechnical hazard.) Respond to Questions 2.4 through 2.9 only If the project proposes to use an Infiltration device. 2A Do local water district or other agency's policies or guidelines regarding the locations where Infiltration may occur, the separation from seasonal high groundwater, or setbacks from potential sources of pollution prevent infiltration devices from being implemented at this site? (If yes, attach evidence D El documenting this condition,) 2.5 If there are highly infiltrative native soils, such as sandy soil with an infiltration rate greater than 10" per hour, is there evidence that the soils are not sufficiently protective of groundwater to allow infiltration. (It yes, attach evidence documenting this condition.) x See Glossary (Attachment 1) for definitions. 1 DRAFT October 17, 2011 Yes No 2.6 Would construction of an infiltration device require that it be located less than 100 feet away from a septic tank; underground storage tank with hazardous materials, or other potential underground source—' [] of pollution? (If yes, attach evidence documenting this claim.) 2.7 Is there a seasonal high groundwater table or mounded groundwater that would be within 10 feet of the" base of an infiltration device' constructed on the site? (It yes, attach documentation of high J u groundwater.) 2.8 Are there land uses that pose a high threat to water quality — including but not limited to industrial and light industrial activities, high vehicular traffic (i.e., 25,000 or greater average daily traffic on a main roadway or 15,000 or more average daily traffic on any intersecting roadway), automotive repair shops, n EXI car washes, fleet storage areas, or nurseries? (if yes, attach evidence documenting this claim.) 2.9 Is there a groundwater production well within 100 feel of the location where an infiltration device would be constructed? (If yes, attach map showing the well.) ❑ EXI 3. Results of Feasibility Determination Infeasible Feasible 3.1 Based on the results of the Section 2 feasibility analysis, infiltration is (check one): 0 M% --j If "FEASIBLE" is indicated for Itern 3.1, then the amount of sionnwater requiring treatment must be treated with infiltration (or rain we tar harvest and use, if feasible), Infiltration facilities' may be designed for the area from which runoff must be treated. -a If 'INFEASIBLE" is checked for item 3.1, then the applicant (nay use appropriately designed biotreatment facilities for compliance with C.3 treatment requirements. The applicant is encouraged to maximize infiltration of stormwater if site conditions allow. /12!LA �•� C�atn�o �nc�4) Name of pplic P Name of Applicant (Sign) Date " See Glossary (Attachment 1) for definitions. 2 DRAFT October 17, 2011 • ry in a'x ■ ill 3 Rev '10.18.2011 LPANNDPNIG ET LID Feasibility Screening Worksheet Apply these screenitlg crife) for C.3 Regulated Projects "requi.red to hn.pienaent 1'rolriSiart C,.i sfnrntsvater Mecttrraerr.t requirements. See the Glossary (Attachment I) for dc;firuai.arr,r of terrrls )narked a%tall an c+stel-is'k ("). Contact municipal su(ff to Cleterinin.e whether the project meets Special Project" cr•it.eria and is eligible for LID treatment redttcp:on credits. Arcadia Homes, Inc - Michael Fletcher: 408 402-7300 P.O. Box 320098 Los Gatos, CA 95032 I, Applicant Info Address: 125 South San Tomas Aquino Road, Site Area: 2. 03Ac 25 unit single family development at Bucknall Road 2, Feasibility Screening for Lnfiltration and Recycled Water tise a. Do site soils either,(a) have a saturated hydraulic conductivity'' (KstlL) that will NOT allow infiltnitioli of 900/0 of the armtial runoff (that is, the Mat is LEE than 1.6 inches/hour), o • (b) consist. oi'Type C or I) soils?' The attached December 9, 2011 infiltration testing report D Yes (COV16111.le) ❑ No -- complete the IflfilLN160n reaSibility WorkslICCI from Cornerstone Earth Group states that the northerly 2/3 of the site meets 1.6in/hr while the southerly 1/3 does not b, Check the box if the project is installing and using a recycled water p{umbing system for non-potablc water use. ❑ Due to recycled water plumbing system, rainwater harvesting is infeasible. Skip to Section 41. 3, Feasibility Screening Co" Rainwater ffitrvest anti Use Complete this secrion for the entire project area. if ih.e project irtchides one nr Irlore buildings that each have on in-dividual roof area of 10.000 sq..t, or,rwre, c.•nmplete Section 3 of this ,rbria for each of these buildings. 3.1 Table I is completed for (cheep: one): ®The whole preliect ❑ Area of I builtihi�,, roof (10AX.) sq,fl. min.) — 1'abh L Calculation of the Potential Rainwater Capture Area* The Tntewiet Rainwater capture Area tell, rho+ entire protect area or one building with it rur(1 area u(10,001) aq..Jr. nr mar:. ^Pre-Projoct Proposed lmperviou:: Surface- (iS), in Post-projocl Impervious surfaced xq. It. lan(Iscaning (stfIt'), ifapplicable. (sq.ft.), it Replaced' iS Craated 1S applicable a. )inter the totals for the area to be evaluated: 76,134 35,224 224 24,630 28,573 h. Sun'I UI'replilced turd created impervious 59,854 41 s Base this response on the she.spLci tic soll report, it aval[able. iV this is not available, conSUlt .so It hyd rail I is conc(th vily maps ut Auachnient 4. If only the roof area is evaluatc(i, enter only the roof, area (vegetatecl roofs excluded)• if the entire site is evaluated, enter the total nl-all iny"..!-vious surfaces, including the building footprint, (Invewa),(s), patio(s), impervious deck(s), unroofed porch(es), nnctlVered parking lot (inchuling top deck of parking structure), impervious wails, miscellaneous paving or structures, turd off -lot impervious Sild"Ne brew, contiguous impervious surface t:ra:atecl (him toad projects, illCIU&ng sidewalks and/or bike lanes built as pan of new street). Impervious surfaces (to NO'r include vgctated roofs or pervious pavement thatstoras ¢old infiltrates rainfall ar a rate equal to immediately surrounding, unpaved landscaped areas, or that stores itnd inlilu•ates (he C.3.d amount of runoff*. "Replaced" means that Cite project will Insult impervious surface where existing impervious surface is !removed. "Created" means the project will install new impervious sun -face. where there is currently no impervious surface. ,. For (letinitions, see Glossary (Auadinient 1). Screening Worksliem_dratt_101811_clean Page I of 3 October 18, 201) 3.2 Answer this question ONLY if you are completing this section for the entire project area. If existing impervious surface will be replaced by the project, does the area to be replaced equal 50�'lr, or more of the existing area of impervious surface'? (Refer to "fable 1, Row A, Is the area in. Column 2 > 50% of Column 1.2) ® Yes, C.3. stormwater treatment requirements apply to areas of impervious surface that will remain in place as well as the area created and/or replaced. All of site to be disturbed. ❑ No, C.3, requirements apply only to the impervious area created and/or replaced. 3.3 Enter the square. footage of Che Potential Rainwater Capture Area*. If you tire evaluating only the roof area of a building, this anlourtt is from Row " h" in Table 1. If you are evaluating the entire project area, this amount is based on the evaluation conducted in ltem 3.2: 59,854 _ square feet. 3.4 Convert the 'Ilea surenlent Of the Potential Rainwater Capture Area` from square feet to acres (divide the amount in Item 3.3 by 43,500): 1.37 Acres. 3.5 Use of harvested rainwater for landscape irrigation: Multiply the Potential Rainwater Capture Area* in square feet (Item 3.3) by 2.5. Is the result GREA'l'EIZ than the area of post -project landscaping (Column 4 in Table 1)? ❑ Yes (continue) ® No — direct runoff from impervious area, to self -retaining areas'* OR refer to Table I I and the curves in Appendix F of the LiD Feasibility Report to evaluate feasibility of harvesting and using the C.3.d amount of runoff for irrigation. 3.6 Use. of harvested rainwater for toilet flushing or non -potable industrial use: a. Residential PrOieets: Proposed density (dwelling units/acre): _ 12_3 Will the project density be LESS TITAN 100 dwelling units/acre, assuming 2,7 occupantslunk? ® Yes (continue) ❑ No— complete the Harvest/Use Feasibility Worksheet. b. C:oninlercia[/]ndustriatl_Proiects: Proposed interior floor area: (sq. ft.) Proposed interior floor area (sq-ft-) per acre: (Divide the interim -floor area (sq,ft.) by the acf•es of Clue Potential Rainwater Capture Area ill. /tc m 2.3. ) Does square footage of theinterior floor space per ,acre equal LESS than 70,000?) ❑ Yes (continue) ❑ No — complete the Harvest/Use Feasibility Worksheet e. School Projects: Proposed interior floor area: (sq. ft.) Proposed interior floor area (sq,ft.) per acre: (Divide the interim -floor area (sq.ft.) by the acres of the Potentla/R'ainwater Capture Area' in Item.2.3.) Does square footage of the interior floor space per acre equal LESS than 2.1.,000'?) ❑ Yes (continue) ❑ No -• complete the Harvest/Use Feasibility Worksheet For definitions, see Glossary (Attachment 1). Screening Worksheet draft-,1u181 1-clean Page. 2 of 3 Oerober 18, 2011 (1, M_ixpd Commercial ttpdResidential Use PrtAect_s Evaluate the residential toilet flushing demand based on the dwelling units per acre for the residential portion of the project (using a prorated acreage, based on the percentage of the project dedicated to residential use). Evaluate the commercial toilet -flushing demand per acre for the conunercial portion of the project (using a prorated acreage, based on the percentage of the project dedicated to commercial use). e. Industrial Projects: Estimated non -potable Walter demand (gal/day): i.s the non -potable demand LESS than 2,400:gal/rlay.per acre of the Potential Rainwater Capture Area'? ❑ Yes (continue) 0 No — refer to the curves in Appendix F of the LID Feasibility Report to evaluate feasibility of harvesting and using tale C,3.d amount of runoff for industrial use. 4. Use of Biotreatment If all questions in Section 2 are answered yes, anti either all the questions in Section 3 are answered ''yes." a' the project will have a recycled water System for non -potable use. then the applicant may use appropriately designed bioretent.ion facilities for compliance with C.3 treatment requirements. "rhe applicant is encouraged to maximize infiln•at.ion of stormwater irsite conditions allow. 5. Results of SG'eening Analysis Based on this screening analysis, the project will (check till that apply): ❑ implement biotreatment measures (such as an appropriately designed bioretention area). ® Conduct further analysis ofinfiltration feasibility by completing the. Infiltration Worksbeet. El Conduct further analysis of rainwater harvesting and use by (check one): ❑ Completing the Rainwater liarvesting and Use Worksheet. for: ❑ The entire project ❑ Individual building(s) (describe: ❑ l:va(uating the feasibility of harvesting and using the C.3.d atrtount ofrunoff for irrigation, based on Tal:rle I I and the curves in Appendix F of the LID Feasibility Report ❑ Evaluating the feasibility of harvesting and using the C.3.d amount of runoff for non -potable industrial use, based on the curves in Appendix F of the LID Feasibility Report. •` For definitions, see Glossary (Attachment 1). Screening Wmksheet_draft_101811 clean Page 3 of 3 October 18, 2011 _ CORNERSTONE �■ EARTH GROUP Date: : December 9, 2011 Project No.: 4894-2 Prepared For: Mr.. Michael Fletcher ARCADIA HOMES, INC. 750 University Avenue, .Suite 240 Los Gatos,. California 95032 Re: Geotechnical Consultation Infiltration Testing.& Storm Water Infiltration San Tomas Aquino Development 125 South' San Tomas Aquino Road Campbell, California. Introduction The purpose of this letter report is to present the results of -our :field :and: laboratory: water infiltration testing and provide our geotechnical recommendations for storm water infiltration for the proposed.projectsite .located in Campbell,.Califomia.as shown on Figure 1,, Vicinity Map. As you know, we have prepared a.geotechnical-report titled "Geotechnical Investigation, :San Tomas Aquino Road;. Campbell,. California'' for the project dated August.24; 201:1. We performed our: scope: of work.in' accordance .with our proposal: dated November.20, .2011. The Project The project site is located at 125 South San. Tomas Aquino Road in:Campbell, California as shown on Figure 2, Site Plan. The site is bounded: by residential development to the west;. South.San Tomas Aquino Roadto the east, Kirkwood Plaza to the north, and Bucknall Road'to the south.. The site is currently occupied by three single-story:cammercial buildings being:used as auto repair:shops. We understand that residential development is currently planned for the site.. The.planned development:will include demolishing the .existing.commercial .buildings and constructing 25 single family residences. The residences .will either be 2-story. or 37story wood/steel framed buildings founded on either. slab -on -grade: (post tensioned or conventional: mats) -or-shallow spread: footings. Appurtenant parking; -utilities, landscaping and'other improvements necessary for site development are also planned:. Based: on our review of Item 20'from.a commentletter 1259 Oakmead Parkway ) 5unnyva1e.:CA 94085 T 408,24a 4600 : 1 P 408 245 4620 2737 North.Maln Street.�5ulte.10 I 'Walnut.Creek, CA 94597: T 925 988'9500 1 F'.925 988 950T wwwxornerstoneearth:com 0 1M�CORNERS.TONE EARTH 'GROUP preparecity the City.of.Campbell dated November. l., 2011 and our discussions with.the project Civil engineer; we .understand that a site specific infiltration rate needs -to be established forrthe project:and: be used for design of the: storm .water treatment (Item 20.4 To_ meet the requirements of storm:water infiltrations an infiltration trench and .EcoRain tank are proposed. The:purpose of these: improvements is to infiltrate rain water.into the subsurface soils. The project. ciVil' engineer provided a,preliminary trench:layout (the trench:will be: locate in the interior ring road,. See Figure 2), dimensions,: and depth based:on typical "rule of thumb" estimates of infiltration: rates that we previously provided; the- purpose of our work is to establish :a site specific design, infiltration rate estimate.: based onfield and laboratory, testing to satisfy the:City of. Campbell comments:and requirements. •�yn�r.�a:aRu���inuur.�a�u��nuurn���o��a�tiuu® Exploration Program Field exploration consisted'of three.borings drilled onJuly.27, 2011 with truck-mounted;.hollow- stem auger drilling equipment for- our .previous geotechnical investigation:report: The:borings were" drilled .to :depths ranging .from 24'72 to approximately.34 feet. On: November 23, 2011, we drilled.three:shallow borings to sample.the subsurface soils: for laboratory testing .and to perform. in -situ' infiltration testing_ Following the completion of our borings and: 'infiltration'testing, the borings were' backfilled with. cement grout in:accordance.with local requirements. Subsurface Soil Conditions Below the surface- pavements, Boring EBA gonerally encountered stiff to .very stiff sandy lean clay to: a depth. of.approximately 131/2.feet underlain by medium .dense to denseclayey.sand with gravel: to a_ depth of 25 feet. Boring_ EB-2 encountered undocumented fill consisting of loose silty sand and poorly -graded sand'to a depth of approximately 8 feet .underlain by medium dense to dense -clayey sand with.gravel to: the terminal depth, approximately 34 feet. The .lateral extent of .this fill is unknown at this time,: but is likely localized within the: central portion of the site. Boring EB-3 encountered very stiff sandy: lean clay to a depth.of approximately 5 feet, underlain by'loose clayey sand -with gravel :to 8 feet.followed by=medium stiff sandy lean clay with gravel to 11 feet. Below this, we: encountered medium .dense to dense clayey sand with gravel to the bottom of the boring; at 24Y2 feet. The logs: of. the borings from :our previous geotechnical:investigation:are attached. .As part of -our -field, testing program, we drilled and:logged:three shallow borings (IT-1 through_ IT-3), at the locations shown onFigure 2, Site: Plan. 1TA and IT-3 were drilled in very: close vicinity to .previous borings EB-1 and EB-3, respectively. These borings encountered similar conditions: as described above; logs of`the:borings are. attached.. At the completion of drilling and sampling of these: borings; a: perforated pipe and gravel were installed to: prepare the holes for the infiltration -:testing. The :holes were .presoaked for at least:24 hours prior to performing the infiltration'tests. In summary, the subsurface conditions on the.southerly third of the site are predominately clayey and the northerly two-thirds of .'the site are: predominately: sandy at the: proposed bottom of:the infiltration trench and .EcoRain tank: The estimated transition zone between the clayey and. sandy portions of the site are shown.on Figure 2, Site:Plan. Project:No..489-1=2 Page. 2 December 9; 2011 CORNERSTONE EARTH GROUP Ground Water Ground water"was not encountered in any of. our borings during drilling. Based on our previous experience in the area, our review. of:ground:water maps: (CGS; .San Jose West 7:5-Minute Quadrangle, 2002),: we anticipate.thatthe high ground water level will be on the order of 50 feet. or deeper below current grades. Fluctuations: in groundwater levels occur due to many factors includingseasonal fluctuation, underground. drainage: patterns; regional fluctuations, and -other factors. 'Soil .'Permeability Water` Infiltration. Testing As: discussed in the .subsurface soil conditions, the planned improvement areas are generally .underlain :by alluvial deposits consisting.of clayey:and sandy soils. We understand the feasibility of installing -site. storm water drainage.and surface water runoff. infiltration systems -is being considered including self-contained devices such as. infiltration. tests.and.EcoRain Tank.. To estimate the approximate. percolation rate for soils encountered in the proposed underground. percolation system, we performed both in -situ. field, percolation and laboratory hydraulic conductivity testing. Bath .field and lab. results are tabulated 'in Table 1. Table 1: Summary of Interpreted Field and Laboratory Test Results Location/Depth (ft) In -Situ Field Percolation. Testa Laboratory.H.ydraulic 'Conductivity Test 2 IT=1din/day): f%1 U to.1 /4°.Uri/daY) IT-2 5 to 7 (in/hour) 1:3 (in/hour) "(in/hoyr). No Test' Run Note: 1 values shown is the cumulative average for the entire boring depth 2 — hydraulic conductivity results are interpolated -using the entire soil stratum Results of the. percolation Aests :indicate the. subsurface soil is: highly:variable with: poor to good permeability., We also performed two laboratory hydraulic. conductivity. tests.on.samples retrieved -from BoringsIT-1: and IT--3. These,tests were to estimate permeability of soils at. those depths and for correlation with our in -situ field -data. Reliability.of.Field and -Laboratory, Test Data Test'results:may.not be truly indicative of the in-situpermeability of the subsurface. soils conditions. In addition, other factors including stratifications, heterogeneous soil deposits,. overburden stress, depth to ground. water;. and other factors that:can influence permeability results. Recommendationsprovided below"have'takenvarious factors- including.engineering.judgment into. consideration basedon the planned infiltration: systems. Project No: 489-1-2 Page 3 December 9,.20.11, ICO:RNERS.TONE EARTH GROUP Findings. Recommendations Based on our borings and test -results, both.cliayeyand sandy soils -are located at the bottom of the. -proposed. infiltration systems. Our estimate of the lateral distribution of these:soil .types is shown on Figure 2, Site Plan. Based on:our engineering judgment, the subsurface soil conditions:appearmorefavorable for storm water and subsurface infiltration'below:a depth:of approximately Sleet in the northern two-thirds of the site and13-feet: inthe southern: third: of: the site. We recommend he percolation system, be at leastthat deep to .infiltrate those higher .permeability soil strata: Borings performed for our previous gectechnical investigation and this: investigation encountered:predominately:clayey in the upper 10 feet:of:the soils for the. southern.third of.the site. The clayey: soils: typically have very low vertical 'permeability (recommended design infiltration) rate, on the order of approximately 1/2-inch: per day.- To improve the infiltration. rate in the area, 24-inch diameter or greater drilled holes can be excavated in the bottom of the: trench into the.underlying clayey sands with gravel (see log:for-EB-1). Based on our borings, we would recommend that the drilled holes extend to at. least 15'feet below current. grades.' We' recommend that.the. drilled holes be spaced:on.approximately:15 feet:centers. Our representative.should .be present to observe.the borings -to confirm. that the anticipated soilsare encountered-. Borings performed for our previous geotechnical investigation and this investigation encountered predominately sandy below.the upper. :5.feet of the: soils for the:northern.two-thirds. of the:site. The -sandy soils typically have moderate to high vertical permeability (recommended. design.infiltration): rateon the. order: of: approximately3 inches/hour.. As. discussed, tests are performed at discrete locations and.:depths. Therefore, above results can vary significantlyand may not be:representative:over the entire site.. Localized ,areas/depths containinghigher or1owerpermeable materials can increase or decrease; actual infiltration rates,. respectively. Therefore, -we recommend the:potential:for:variations be considered when evaluating the soil: infiltration capacity or performance. In addition, we recommend.the project civil engineer- give consideration: for handling/discharging. of water when the:infiltration rate is.not sufficient or during a:large storm event. Such consideration: should be to; providing,a. perforated pipe near the top.of the infiltration trench and EcoRain Tank to collect excess: storm water. We also recommend subsurface water infiltration techniques,: devices; and requirements are in accordance with local agencies guidelines.and:requirements. We recommend you contact the :appropriate agencies including the: Santa Clara Valley Water District for additional information and approval, as: required. This letterreport"hasbeen prepared.for.the sole use of Arcadia Homes, Inc: and their.design consultant's specifically to support the: design of the SanTomas Aquino Development project in Campbell, California. The opinions,. conclusions, and recommendations :presented. in this letter report have been:formulated in accordance with. accepted. geotechnical engineering -practices that:exist in Northern California at the time this- letter reportwas:prepared. Nowarranty, expressed or implied, .is made or should be: inferred. Project -No. 489-1-2: Page 4 December.9, 2011 CORNERSTONE EARTH GROUP We thank you for this opportunity and look forward to working with you on this important project. Should you have any questions regarding this letter report, or if we may be of further service, please contact us at .your convenience. Sincerely, Xl � FIi7j�,O'o� �nersto a oup,. Inc. ,No.2379 n / a, Ezp.6/30/12 Scott E. Fitinghoff, P.E., G.E. Principal Engineer DTT:SEF:sef Copies: Addressee (1 by email, 3 hard copies by mail) Ruth + Going, Inc. (1 by email) Attn: Mr. Michael Sheehy, P:E. Attachments: Figure 1 — Vicinity Map Figure 2 — Site Plan Key to Soil Log Logs of Borings EB-1 through EB-3 Logs of Borings IT-1 through IT-3 Laboratory Permeability Test Results Project No. 489-1-2 Page 5 December 9, 2011 'b. ': �kl I II 1'I {V- atimar AV- l IL �o o-i-ry -----? „ l.Ioo�' _,Cb��� p }}� .p�' tiu`.. f� f -+� N�di�el Ltr- -I -1 I � �� Ii - l I �JV ' �iLJ JGtrarrr rr Dr " ..�� o'rla' Via,. 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'1� I��l :�s"J "'•s `+-'^� _ 1=,1 r' Il L' Vicinity Map Project Number EMCORNERSTONE 489-1-2 S1125 South San Tomas Aquino Road Figure Number EARTH GROUP Campbell, CA Figure 1 Date December 2011 Drawn By RRN EB 3 Approxirnat6 Site Boundary a_ - Proposed Infiltration I " " ■ - ■' I " Trench (5' to 6'-to bottom)' I ' ��I EB2`.... i I I , I r Estimated Design Average I I _ I T-z ■ Infiltration Rate 3 in/hr a. G«aex, lv Al - ■ Pr ed Eco Rain 7 mated�Desi n Avera et Este g g Y Tank (7' to'bottom) lnfilt r d ration Rate '/Z"m/day: "F It EB=1` I N s- Legend EB-1 Approximate location of exploratory boring t .. IT Approximate location of borehole infiltration test 13Qfl APPROXIMATE SCALE (FEET) C CORNERSTO. NE EARTH GROUP Site Plan 125 South San Tomas Aquino Road Campbell, CA Project Number 489-1-2 Figure Number Figure 2 Date Drawn By December 2011 1 RRN UNIFIED SOIL CLASSIFICATION (ASTM D-2487-98) MATERIAL CRITERIA FOR ASSIGNING SOIL GROUP NAMES GROUP SOIL GROUP NAMES & LEGEND TYPES SYMBOL GRAVELS CLEAN GRAVELS Cu>4AND 1<Cc<3 GW WELL -GRADED GRAVEL •'. Cu>4 AND 1>Cc>3 GP POORLY -GRADED GRAVEL Qo 0 ID ° >50 /o OF COARSE <5% FINES z FRACTION RETAINED o O w ON NO 4. SIEVE GRAVELS WITH FINES FINES CLASSIFYASMLORCL GM SILTY GRAVEL00> FINES CLASSIFYAS CL OR CH GC CLAYEY GRAVEL W W w z z Cf) >12% FINES 0 cD W 04 SANDS Cu>6AND 1<Cc<3 SW WELL -GRADED SAND w ` U) CD CLEAN SANDS <5% FINES Cu>6 AND 1>Cc>3 SP POORLY -GRADED SAND a0 A >50% OF COARSE FINES CLASSIFYAS ML OR CL SM SILTY SAND O FRACTION PASSES ON NO 4. SIEVE SANDS AND FINES FINES CLASSIFY ASCLORCH SC CLAYEY SAND >12%FINES SILTS AND CLAYS PI17AND PLOTS>"A"LINE CL LEAN CLAY � INORGANIC PI.4AND PLOTS<"A"LINE ML SILT O w LIQUID LIMIT<50 C0w> ORGANIC LL(oven dred)/LL (not dried)<0.75 OL ORGANIC CLAY OR SILT — — = _ — — o c w LU CO U) o_ c:) o 04 SILTS AND CLAYS PI PLOTS LINE CH FAT CLAY (D O INORGANIC w A Z z LIQUID LIMIT>50 PI PLOTS<"A"LINE MH ELASTIC SILT ORGANIC LL(men dned)/LL(not dned)<0.75 OH ORGANIC CLAY OR SILT 1. HIGHLY ORGANIC SOILS PRIMARILY ORGANIC MATTER, DARK IN COLOR, AND ORGANIC ODOR PT PEAT SAMPLER TYPES OTHER MATERIAL SYMBOLS SPT Shelby Tube ® , Poorly -Graded Sand Sand with Clay Clayey Sand Silt ® Modified California (2.5" I.D.) No Recovery Sandy Silt °< Well Graded Gravelly Sand Rock Core © Grab Sample Artificial/Undocumented Fill Gravelly Silt ADDITIONAL TESTS CA - CHEMICAL ANALYSIS(CORROSIVITY) PI - PLASTICITY INDEX 0'•. Poorly -Graded Gravelly Sand Asphalt CO CONSOLIDATED DRAINEDTRIAXIAL SW SWELL TEST CN - CONSOLIDATION TC - CYCLICTRIAXIAL { Topsoil Boulders and Cobble CU CONSOLIDATED UNDRAINED TRIAXIAL TV TORVANE SHEAR DS - DIRECTSHEAR UC - UNCONFINED COMPRESSION Well -Graded Gravel PP POCKET PENETROMETER(TSF) (1.5) - (WITH SHEAR STRENGTH • with Clay (3.0) - (WITH SHEAR STRENGTH IN KSF) _ IN KSF) Well -Graded Gravel RV R-VALUE UU UNCONSOLIDATED UNDRAINED TRIAXIAL • With Slit SA - SIEVE ANALYSIS: % PASSING - #200 SIEVE LEVEL PLASTICITY CHART - WATER 80 PENETRATION RESISTANCE (RECORDED AS BLOWS / FOOT) 70 SAND 8 GRAVEL SILT &CLAY 60 CH RELATIVE DENSITY BLOWS/FOOT' CONSISTENCY BLOWS/FOOT" STRENGTH" (KSF) w 50 p VERY LOOSE 0-4 VERY SOFT 0-2 0-0.25 2 40 LOOSE 4-10 SOFT 2-4 0.25-0.5 v MEDIUM DENSE 10-30 MEDIUM STIFF 4-8 0.5-1.0 y 30 DENSE 30-50 STIFF 8-15 1.0-2.0 OH & MH VERY DENSE OVER 50 VERY STIFF 15 - 30 2.0 -4.0 20 P HARD OVER 30 OVER 4.0 10 NUMBER OF BLOWS OF 140 LB HAMMER FALLING 30 INCHES TO DRIVE A 2 INCH O.D. (1-3/8 INCH I.D.) SPLIT -BARREL SAMPLER THE LAST 12 INCHES OF AN 18-INCH DRIVE 0 (ASTM-1586 STANDARD PENETRATION TEST). 0 1) 2 0 3 0 4 0 5 0 6 0 7 0 8 0 9•• (f}.IDRAIOLPO S&AR OR�NGPH IN KlPg/SOFT AS DETERMINED BY LABORATORY TESTING OR APPROXIMATED BY THE STANDARD PENETRATION TEST, POCKET LIQUID LIMIT (%) PENETROMETER, TORVANE, OR VISUAL OBSERVATION. C RNI TO N .E 'EARTH LEGEND TO SOIL Figure Number cm: GROUP DESCRIPTIONS A-1 BORING NUMBER EB-1 PAGE 1 OF 1 CORNERSTONE PROJECT NAME 125 San Tomas Aquino EARTH GROUP PROJECT NUMBER 489-1-1 PROJECT LOCATION Campbell, CA DATE STARTED 7/27/11 DATE COMPLETED 7/27/11 GROUND ELEVATION BORING DEPTH 25 ft. DRILLING CONTRACTOR Exploration Geoservices, Inc LATITUDE LONGITUDE DRILLING METHOD Mobile B-40, 8 inch Hollow -Stem Auger GROUND WATER LEVELS: LOGGED BY PNC Q AT TIME OF DRILLING Not Encountered NOTES TAT END OF DRILLING Not Encountered This log is a part of a report by Cornerstone Earth Group, and should not be used asUNDRAINED SHEAR STRENGTH, a stand-alone document. This description applies only to the location of the e�lorallon at the time of drilling. Subsurface conditions may differ at other locations v :� W t- = 0 t— Z > U' ? j ksf O HAND PENETROMETER Z and may change at this location with time. The description presented is a slmplRcalion of actual conditions encountered. Transitions between soil types may be ` o ° tog W � W H Z W Z to tL a O F m gradual. d Z u_ FUa O HV 0 TORVANE oN �a o �O N¢ j z U w UNCONFINED COMPRESSION W m a w a } O F- n U o rz � UNCONSOLIDATED-UNDRAINED DESCRIPTION z 0 g a IAL20 1.10AX 3.0 4.0 0 2'/2 inches asphalt over 4 inches aggregate base ------------------J MG1B 21 13 O Sandy Lean Clay (CL) 6 99 stiff to very stiff, moist, grayish brown to brown, fine sand, trace coarse sand, trace fine subround gravel, low plasticity 15 MC-29 109 16 5 Liquid Limit = 29, Plastic Limit = 16 8 MC-3B 106 15 16 MCAB 108 14 10 ---------------------- Clayey Sand with Gravel (SC) medium dense to dense, moist, brown, fine to >4.5 coarse sand, fine to coarse subangular to 35 MG5S 113 8 O 15 subround gravel 64 MG6B 123 6 20 50 5" MG7B 129 6 25 Bottom of Boring at 25.0 feet. 30 35 BORING NUMBER EB-2 PAGE 1 OF 1 CORNERSTONE EARTH G R O U:P PROJECT NAME 125 San Tomas Aquino PROJECT NUMBER 489-1-1 PROJECT LOCATION Campbell, CA DATE STARTED 7/27/11 DATE COMPLETED 7/27/11 GROUND ELEVATION BORING DEPTH 33.9 ft. DRILLING CONTRACTOR Exploration Geoservices, Inc LATITUDE LONGITUDE DRILLING METHOD Mobile B-40, 8 inch Hollow -Stem Auger GROUND WATER LEVELS: LOGGED BY PNC Q AT TIME OF DRILLING Not Encountered NOTES t AT END OF DRILLING Not Encountered This log is a part of a report by Cornerstone Earth Group, and should not be used as a stand-alone document. This description applies onlyto the location of the v F t— a f7 UNDRAINED SHEAR STRENGTH, ksf e>ploration at time of drilling. Subsurface conditions may differ at other locations and may change at this location with time. The description presented is a 2 ` ~°o W g 2 U' Z FW-LU X Z N j Q HAND PENETROMETER Z O = 0 simplification of actual conditions encountered. Transitions between soil types may be gradual. u y to W D Z W u_ QQ Z K O Z W d rn TORVANE Q > a W N m 3 0-O ¢¢ ~a0- j �0 z LLI Fo w c' UNCONFINED COMPRESSION W W p o > a rA W o 7 F O o W Z A DESCRIPTION z O n TRIAX gLOLIDATED-UNDRAINED 1.o z.o 3.o a.o 0 2 inches asphalt over 41/2 inches aggegate `ase-------------- --J --- Silty Sand (SM) [Fill] 11 MG1B 95 15 loose, moist, brown fine sand Poorly Graded Sand with Silt (SPSM) [Fill] 14 MG2B 4 loose, moist, fine to coarse sand, some 5 subangular to subround gravels 11 SPT-3 5 7 SPT.4 4 ----------------------- Lean Clay (CL) ---------------------- Clayey Sand with Gravel (SC) ss MGse 7 10 medium dense to dense, moist, brown, fine to coarse sand, fine to coarse subangular to subround,gravel 29 MG6B 127 8 15 46 McaB 124 6 20 50 4" MC -BB 125 8 25 some sandstone inclusions 80 MG9B 121 8 30 50 5„ MG10 Bottom of Boring at 33.9 feet. 35 C C 3 c a C Cr. r, BORING NUMBER EB-3 PAGE 1 OF 1 CORNERSTONE PROJECT NAME 125 San Tomas Aquino E A RT H GROUP PROJECT NUMBER 489-1-1 PROJECT LOCATION Campbell, CA DATE STARTED 7/27/11 DATE COMPLETED 7/27/11 GROUND ELEVATION BORING DEPTH 24.5 ft. DRILLING CONTRACTOR Exploration Geoservices, Inc LATITUDE LONGITUDE DRILLING METHOD Mobile B-40, 8 inch Hollow -Stem Auger GROUND WATER LEVELS: LOGGED BY PNC VAT TIME OF DRILLING Not Encountered NOTES TAT END OF DRILLING Not Encountered This log is apart of a report by Comerslone Earth Group, and should not be used as � a U' UNDRAINED SHEAR STRENGTH, a stand-alone document. This description applies only to the location of the e)ploration at the time of drilling. Subsurface conditions may differ at other locations is T' °1 ` uJ g F— = O' t- Z H X WO ? j ksf O HAND PENETROMETER Z and may change at this location with time. The description presented a simplification of actual conditions encountered. Transitions between soil types maybe ` u N W D W � ¢Z Z � W a rn O = m gradual, y �m Z �Z ri f=o a K O HO ~ A TORVANE a o ¢ z 0 O w UNCONFINED COMPRESSION w w o n > a y EL p a Z UNCONSOLIDATED-UNDRAINED DESCRIPTION Z E g TRIAXIAL 1.0 2.0 3.0 4.0 o 2 inches asphalt over 4 inches aggregate / abase --- ----- .---j 1s MG1B 1os 1s O Sandy Lean Clay (CL) layTC very stiff, moist, brown to dark brown, fine sand, some coarse sand, some fine gravel, low to moderate plasticity 14 MG213 100 16 5 Clayey Sand with Gravel (SC) loose, moist, brown, fine to coarse sand, fine 9 MG3B so s to coarse gravel Sandy Lean Clay with Gravel (CL) medium stiff, moist, fine subangular gravel, 12 MCI- 118 10 10 low to moderate plasticity ---------------------- Clayey Sand with Gravel (SC) medium dense to dense, moist, brown, fine to coarse sand, fine to coarse subangular to subround gravel sandstone inclusions 37 MG5B 6 15 :. reddish brown, fine to coarse sand, fine to 47 MGeB 116 7 20 coarse gravel 6" In MG7B 124 9 Bottom of Boring at 24.5 feet. 25 30 35 BORING NUMBER IT-1 PAGE 1 OF 1 C.ORNERSTONE OC E A :R T .H R O U P PROJECT NAME 125 San Tomas Aquino PROJECT NUMBER 489-1-2 PROJECT LOCATION Campbell, CA DATE STARTED 11/23/11 DATE COMPLETED 11/23/11 GROUND ELEVATION BORING DEPTH 5.5 ft. DRILLING CONTRACTOR Exploration Geoservices, Inc LATITUDE LONGITUDE DRILLING METHOD 8 inch Hollow Stem Auger GROUND WATER LEVELS: LOGGED BY SEF �Z AT TIME OF DRILLING Not Encountered NOTES TAT END OF DRILLING Not Encountered This log is a part of a report by Comerstone Earth Group, and should not be used as : o UNDRAINED SHEAR STRENGTH, r' a stand-alone document. This description applies onlyto the location of the e>ploration at the time of drilling. Subsurface conditions may differ at other locations is 2W of 2 C7 F: Z > 0 Z j ksf Q HAND PENETROMETER Z =, _1simplycation and maychange at this location with time. The description presented a of actual conditions encountered. Transitions between sod types may be d N W W J ¢¢ Z Z W a O Q = a m gradual. $ �n J Z �Z LL ~d K O HO rn ~o TORVANE w o o y< D z it O w r� UNCONFINED COMPRESSION W a Y U) n' Z UNCONSOLIDATED-UNDRAINED DESCRIPTION Z o g C- a TRIAxIAL � 1.0 2.0 3.0 4.0 O.O 3 inches asphalt over 3 inches aggregate base ---------------------- Sandy Lean Clay (CL) hard to very stiff, moist, dark brown, fine sand, trace coarse sand, trace fine subangular to subround gravel, low plasticity >4.5 26 Mc O 2.5 12 Mac 99 18 see attached for hyraulic conductivity results; IT-1 @ 3.5' 12 Mc 5.0 Bottom of Boring at 5.5 feet. 7.5 10.0 BORING NUMBER IT-2 PAGE 1 OF 1 CORNERSTONE PROJECT NAME 125 San Tomas Aquino w/� T GROUP EARTH PROJECT NUMBER 489-1-2 PROJECT LOCATION Campbell CA DATE STARTED 11/23/11 DATE COMPLETED 11/23/11 GROUND ELEVATION BORING DEPTH 8 ft. DRILLING CONTRACTOR Exploration Geoservices, Inc LATITUDE LONGITUDE DRILLING METHOD 8 inch Hollow Stem Auger GROUND WATER LEVELS: LOGGED BY SEF VAT TIME OF DRILLING Not Encountered NOTES TAT END OF DRILLING Not Encountered This log is apart of a report by Cornerstone Earth Group, and should not be used as o UNDRAINED SHEAR STRENGTH, a stand-alone document. This description applies only to the location of the e loration at the time of drilling.Subsurface conditions may differ at other locations presented -o :� W g F- 2 ♦- Z > ? j ksf Q HAND PENETROMETER Z and may change at this locatiowith time. The description is a simplification of actual conditions encountered. Transitions between sail types may be d o o m W 7 W H QQ Z Z Q W O F m gradual. ? Q a Q 3 U j O F o Q TORVANE a w a D a z O w" •UNCONFINED COMPRESSION w L W o m a ii > o r~n it z UNCONSOLIDATED-UNDRAINED DESCRIPTION Z a a TRIO 1�2.0 3.0 4.0 0.0 3 inches asphalt over 5 inches aggregate base �a ---------------------- Sandy Lean Clay (CL) very stiff, moist, dark brown, fine sand, trace coarse sand, trace fine subangular to subround gravel, low plasticity 9 MC Q 2.5 6 MC Silty Sand with Gravel (SM) Mc 5.0 medium dense, moist, brown, fine to coarse sand, fine to coarse subangular to subround gravel see attached for hyraulic conductivity results; IT-2 @ 6.0r 25 MGF 103 15 7.5 Bottom of Boring at 8.0 feet. 10.0 BORING NUMBER IT-3 CORI�.ERS1`ONE PAGE 1 OF 1 LCJ�.PROJECT NAME 125 San Tomas Aquino EARTH GROUP PROJECT NUMBER 489-1-2 PROJECT LOCATION Campbell, CA DATE STARTED 11/23/11 DATE COMPLETED 11/23/11 GROUND ELEVATION BORING DEPTH 8 ft. DRILLING CONTRACTOR Exploration Geoservices, Inc LATITUDE LONGITUDE DRILLING METHOD 8 inch Hollow Stem Auger GROUND WATER LEVELS: LOGGED BY SEF Y AT TIME OF DRILLING Not Encountered NOTES T AT END OF DRILLING Not Encountered This log is apart of a report by Comerslone Earth Group, and should not be used as o UNDRAINED SHEAR STRENGTH, a stand-alone document. This description applies onlyto the location of the evloration at the time of drilling. Subsurface conditions may differ at other i—tons y°o W 2 F- M (7 F z X f7 ? j ksf Q HAND PENETROMETER z and may change at this location with time. The description presented is a simplcation of actual conditions encountered. Transitions between soil types may be y W W J QQ z 0 z LLl a F gradual, j a a o U ? O o TORVANE w N m 3 ¢¢ a ¢ w r� UNCONFINED COMPRESSION w > n rn fL o z o g nf z - DESCRIPTION z TURNIAONASLOLIDATED-UNDRAINED 0 1.0 2.0 3.0 4.0 0.0 2 inches asphalt over 4 inches aggregate base ---------------------- Sandy Lean Clay (CL) stiff, moist, dark brown, fine sand, trace coarse sand, trace fine subangular to subround gravel, low plasticity 22 MC Q 2.5 10 Mc Clayey Sand with Gravel (SC) 11 Mc 5.0 loose, moist, dark brown, fine to coarse sand, fine to coarse subangular to subround gravel 7 MC 7.5 Bottom of Boring at 8.0 feet. 10.0 Hydraulic Conductivity ASTM D 5084 Method C: Falling Head Rising Tailwater Job No: 640-350 Boring: IT-1 Date: 12/09/11 Client: Cornerstone Earth Group Sample: C By: MD/PJ Project: 125 San Thomas Aquino - 489-1-2 Depth, ft.: 3.5' Remolded: Visual Classification: Brown CLAY w/ Sand Max Sample Pressures, psi: B: = >0.95 (,.B.. is an indication of saturation) Cell: Bottom Top Avg. Sigma3 Max Hydraulic Gradient: = 32 53.5 49.5 47.5 5 1.0E-05 9.0E-06 Date Minutes Head, (in) K,cm/sec 12/6/2011 0.00 51.69 Start of Test 12/6/2011 10.50 48.89 7.1 E-06 6.0E-06 12/6/2011 19.50 47.49 5.8E-06 12/6/2011 48.00 44.89 3.9E-06 7.0E-06 12/6/2011 73.00 43.49 3.2E-06 w 12/6/2011 7.00 50.09 6.0E-06 6.0E-06 12/6/2011 25.00 47.09 5.0E-06 E 5.0E-06 12/6/2011 94.00 42.29 2.9E-06 a 12/8/2011 7.00 49.69 7.6E-06 4.0E-06 12/8/2011 23.00 47.29 5.2E-06 3.0E-06 12/8/2011 60.00 43.89 3.7E-06 12/8/2011 20.00 76.73 2.3E-06 2.0E-06 12/8/2011 53.00 73.83 1.8E-06 12/8/2011 114.00 69.33 1.6E-06 12/8/2011 304.00 58.63 1.3E-06 1.0E-06 aoo 0 goo zoo Time, soo min. =1 ................... Average Hydraulic Conductivity: See Below cm/sec Sample Data: Initial (As -Received) Final (At -Test) Height, in 2.51 2.47 Diameter, in 2.39 2.39 Area, in2 4.50 4.49 Volume in3 11.30 11.08 Total Volume, cc 185.1 181.5 Volume Solids, cc 108.5 108.5 Volume Voids, cc 76.6 73.0 Void Ratio 0.7 0.7 Total Porosity, % 41.4 40.2 Air -Filled Porosity (9a),% 12.5 1.5 Water -Filled Porosity (ew),% 28.9 38.7 Saturation, % 69.8 96.3 Specific Gravity 2.70 Assumed 2.70 Wet Weight, gm 346.5 363.3 Dry Weight, gm 293.1 293.1 Tare, gm 0.00 0.00 Moisture, % 18.2 24.0 Wet Bulk Density, pcf 116.8 124.9 Dry Bulk Density, pcf 98.8 100.7 Wet Bulk Dens.pb, (g/cm3) 1.87 2.00 Dry Bulk Dens.pb, (g/cm3) 1 1.58 1.61 Remarks: Test terminated at client's request. The measured permeability is between 7X10-6 and 1X10-6 cm/sec. Hydraulic Conductivity ASTM D 5084 Method C: Falling Head Rising Tailwater Job No: 640-350 Boring: IT-2 Date: 12/09/11 Client: Cornerstone Earth Group Sample: F By: MD/PJ Project: 125 San Thomas Aquino Depth, ft.: 6' Remolded: ,Visual Classification: Brown Silty SAND Max Sample Pressures, psi: B: = >0.95 ("B" is an indication of saturation) Cell: Bottom Top Avg. Sigma3 Max Hydraulic Gradient: = 4 84 79 79 5 1.0E 03 BOE-00 Date Minutes Head, (in) K,cm/sec 12/5/2011 0.00 27.00 Start of Test , 12/5/2011 1.00 15.40 9.1 E-04 8.0E-04 12/5/2011 3.00 4.60 9.6E-04 12/5/2011 4.00 2.50 9.7E-04 7.0E-04 12/5/2011 1.00 15.20 9.3E-04 12/5/2011 2.00 8.00 9.9E-04 a 6.0E-04 F 5.0E-04 - N a 4.0E-04 3.0E-04 2.0E-04 7.0E-04 5 0 1 2 3 4 Time, min. ;::: Average Hydraulic Conductivity: 1.E-03 cm/sec Sample Data: Initial (As -Received) Final (At -Test) Height, in 2.50 2.50 Diameter, in 2.42 2.42 Area, in2 4.60 4.60 Volume in3 11.50 11.50 Total Volume, cc 188.4 188.4 Volume Solids, cc 115.3 115.3 Volume Voids, cc 73.2 73.2 Void Ratio 0.6 0.6 Total Porosity, % 38.8 38.8 Air -Filled Porosity (9a),% 14.0 0.0 Water -Filled Porosity (6w),% 24.8 38.8 Saturation, % 64.0 99.9 Specific Gravity 2.70 Assumed 2.70 Wet Weight, gm 358.0 384.3 Dry Weight, gm 311.2 311.2 Tare, gm 0.00 0.00 Moisture, % 15.0 23.5 Wet Bulk Density, pcf 118.6 127.3 Dry Bulk Density, pcf 103.1 103.1 Wet Bulk Dens.pb, (g/cm3) 1.90 2.04 Dry Bulk Dens.pb, (g/cm3) 1.65 1.65 The sample slumped slightly upon release of the confining pressure so the final dimensions and associated Remarks: values are approximate. The final moisture content is approximate because excess water from the pore stones drained into the sample while breaking it down. ®'0 C4 U f tijr', OR C H AR9 CITY OF CAMPBELL Community Development Department November 1, 2011 Arcadia Homes, Inc. Attn: Michael Fletcher P.O. Box 320098 Los Gatos, CA 95032 San Tomas Partners, LLC Attn: John Kirkorian 1630 W. Campbell Ave. Campbell, CA 95008 Re: File No: PLN2011-255/256/257/258/2.59 Address: 125 S. San Tomas Aquino Road Application: P-D Pen-nit/Vesting Tentative Map/Zoning Change/GP Amendment Status: Incomplete Gentlemen, Thank you for your October 4, 201.1 application subinittal for development of 25 small -lot single family residences on property located at the above referenced address. Based on a review of the application materials, the Campbell Municipal Code (CMC), and previously reviewed preliminary application materials and Planning Commission Study Session, your application has been deemed incomplete. The following additional inforination and revisions to the project plans are needed in order to continue processing of this application. CONTEXT OF REVIEW This project proposes use of the Planned Development (P-D) Zoning District designation. As stated by CMG 21.12.30, the P-D Zoning District is intended to provide a degree of flexibility that is not available in other zoning districts so as to allow developments that are more consistent with site characteristics while creating an optimum quantity and use of open space and good design. For a development proposal to be approved in the. P-D Zoning District, the City Council must find that it would result in a more desirable environment and use of land than would be possible under any other zoning district classification. In order for this determination to be made, it is staff s objective to bring forward projects that incorporate a high level of architectural detail demonstrative of the good design expected by the City. The comments contained in this letter reflect this objective. 70 North First Street • Campbell, California 95008-1423 • TEL 408.866.2140 - FAX 408.871.5140 • TDD 408.866.2790 PLN2011-255 — 258 - 125 ,. ,an Tomas Aquino Road Page 2 of 11 ADDITIONAL MATERIALS Parking Modification Permit: On June 7, 2011, the City Council adopted Ordinance No. 2149, which modified the City's parking standards and related requirements. Among the changes is a requirement for an application for a Parking Modification Pen -nit for any project that would result in a parking deficiency. As part of the Parking Modification Permit review, an applicant must provide documentation substantiating why a reduction in the required parking is wairanted. The newly adopted parking standard for small -lot single-family residential projects is 2 '/z spaces for each unit (1 of which shall be covered) plus % space designated guest parking space for each unit (total 3 spaces per unit). For the proposed 25 residential units, this standard yields a requirement for 63 resident spaces and 13 guest spaces (76 total spaces). As this project would provide a total of 70 parking spaces, a parking deficiency of six spaces would result. To allow a modification to this requirement, it is therefore necessary to apply for a Parking Modification Pen -nit (there is no additional fee for this permit). Please submit a letter applying for this permit that should include a narrative discussing why a parking modification permit should be granted (e.g., provision for new off-street parking). 2. Existing Site Plan: Provide an Existing Site Plan showing the current configuration of the entire project site. This plan should show and dimensionalized street infonnation of existing utility facilities (sidewalk, curb -cuts, gutter, utility poles, power poles, existing overhead utility lines etc.). 3. Demolition Plan: Provide a Demolition Plan as part of the civil drawing showing the current configuration of the project site and illustrating the demolition of the existing structures. 4. Construction/Staging Plan: Submit a preliminary Construction/Staging Plan that includes a truck route map showing routing of construction vehicles, staging areas on the property, and an anticipated construction schedule. 5. Phasing: Submit a Phasing Plan for the subdivision explaining the steps and duration necessary to grade the site, install the streets and infrastructure, construct the residences, and install the landscaping. 6. Traffic Impact Analysis: A traffic impact analysis (TIA) prepared by a traffic engineering consultant will be required to determine the potential traffic and site circulation impacts of the proposed project. The analysis will also review access potential to the site from both San Tomas Aquino Road and Bucknall Road. The City issued an RFP for the TIA and is currently reviewing responses. Once a traffic engineering consultant is selected, an invoice for the TIA cost (including the consultant's cost and a 20% administrative fee) will be provided. Remittance of the review cost to the City is required prior to the analysis being conducted. Completion of the TIA is required for the application to be deemed complete. 70 North First Street • Campbell, CA 95008-1423 • TEL (408) 866-2140 • FAx (408) 866-5140 • E-MAIL planning@cityofcampbell.com PLN2011-255-258 - 125 S. Tomas Aquino Road Page 3 of 11 7. Affordable Housing Plan: This project is subject to the City's Inclusionary Housing Ordinance (CMC 21.24) that requires 15 percent of the proposed units be set aside as lower- to moderate -income affordable units. For the proposed 25 unit project, the Ordinance would require four affordable units be provided. Please provide an affordable housing plan identifying the location of these units within the project site. If there is a desire to convert off -site rental units to affordable units, the City Attorney and Community Development Director will need to review information on the. off -site units, including photographic documentation, affordability level(s), unit type, square - footage, age, quality, and anticipated improvements, to determine the pennissibility of such a request pursuant to CMC 21.24.070. 8. Neighborhood Outreach: Please explain what outreach you have done, or plan to do, with surrounding residents (both in Campbell and in San Jose) as well as adjacent businesses and the Harker School. 9. Massing Model:. With the previously submitted preliminary application, amassing model prepared in SketchUp was provided. Please provide a revised model reflecting the proposed site configuration of the project. 10. Preliminary CC&Rs: Please submit preliminary CC&R's which should include the following provisions: a. Formation of a Homeowner's Association to ensure the long-tenn maintenance of buildings and property. b. Continued architectural controls to ensure the architectural integrity of the project. c. Definition of common areas to be maintained and provision of maintenance for these areas. d. Provision for the recordation of private open space easements between the residences to allow each residence adequate private open space, depicted as private patio areas. The recorded easements shall define ownership, rights of use, pet restrictions, allowable landscape or open space improvements and access rights for the subject property owners. e. Provision of a funding mechanism to ensure maintenance and upkeep of common areas. f. Provision to provide ongoing maintenance of the required private roadways, landscaping, and sound walls as necessary. Graffiti removal from sound walls and fences within a reasonable period of time. g. Provision that requires ongoing maintenance of the landscaped park strip and tree wells in the public right of way. This includes, but is not limited to: trees, lawn, plantings, irrigation, etc. Trees shall not be pruned in a manner that would not allow the tree to grow to a mature height. h. Provision for regular monitoring and maintenance of the stormwater treatment systems, in accordance with the manufacturer's recommendations. 70 North First Street • Campbell, CA 95008-1423 • TEL (408) 866-2140 • FAx (408) 866-5140 • E-MAIL planning@cityofcampbell.com PLN2011-255-258 -- 125 man Tomas Aquino Road Page 4 of IJ i. Provision for regular monitoring and maintenance of the private sanitary system as described by the designing engineering, and as approved by the City Engineer. j. Provision for the availability of interior garage space for the parking of two vehicles at all times (prohibition against storage use). k. Provision to prohibit the use of outside parking spaces for storage purposes, including boats, trailers, and recreational vehicles. 1. Provision for maintenance (and related enforcement mechanism) of landscaping areas in private open space areas in conforinance with water efficiency provisions. in. An Acoustical Disclosure regarding adjacent roadway generated noise shall be provided in the Covenant Codes & Restrictions for the project. n. Provision for enforcement against resident use of "guest only" parking spaces. PLAN REVISIONS 11. Number and Order of Sheets: The project plans propose four models in three architectural styles. To properly convey the differences between the architectural styles, it is necessary provide additional sheets showing differences in floor plans and roofing plans between the architectural styles, as well as to reorder the sheets as follows for each model plan. For example, the sheets for the Plan 1 units should be organized in this manner: ■ Plan 1 — Spanish Elevations (all four sides) ■ Plan 1 — French Elevations (all four sides) ■ Plan 1 — Traditional Elevations (all four sides) ■ Plan 1 — Floor Plan (and partials to illustrate minor differences between styles) ■ Plan 1 — Roof Plan (for all three styles) 12. Project Information Sheet (Sheet CS2): Please provide a comprehensive project summary that includes the following: a. Show both the gross lot area and net lot area. Net lot area describes the total area within the lot lines of a lot (the titled property). Gross lot area describes the net lot areas plus the area between the centerline of adjacent public streets and the property lines. b. Square footage for each unit type including a line item for the first floor, second floor, third floor, garage and covered porch. c. Floor Area Ratio and Lot Coverage ranges for each of the proposed residential parcels. Please note that Lot Coverage includes all structural coverage, including any covered porch areas, while Floor Area Ratio includes only enclosed square -footage (divided by lot area). Both measurements are to the outside walls or posts. d. Private open space calculation for each lot. This should include only the "usable open space areas" (i.e., not the front yard areas). e. Overall project landscaping, paving, lot coverage and floor area ratio calculations. f. Parking calculations (e.g., per unit, total, guest parking). 70 North First Street • Campbell, CA 95008-1423 • TEL (408) 866-2140 • FAX (408) 866-5140 • E-MAIL planning@cityofcampbell.com I'LN2011-255-258 ~ 125 S. _____ Tomas Aquino Road Page 5 of 11 13. Proposed Site Plan (Sheet SP): The following must be revised on the Proposed Site Plan: a. The Site Plan and other project materials indicate that the unit distribution of this project is flexible (not pre -plotted). As such, the distribution of different unit plans shown on the site plan is not necessarily an accurate depiction of the project's final configuration. It would be preferable if the Site Plan indicated which (1) parcels could accommodate two or three-story units, (2) accommodate only two-story units, and (3) are pre -plotted ("placeholder" building footprints would still be appropriate, however). In conjunction, the "project summary" should not identify the number of specific plan units, unless they are pre -plotted. b. If there will be an indentifying sign for the development, depict its size .and location. c. Show the porous pavement around the internal roadway, consistent with the civil plans. Also indicate that this is a drivable roadway surface. d. The recommended street improvements for this project will 'include removing the existing sidewalk and replacing it with a residential detached sidewalk (4.5' landscaped park strip with 4.5' sidewalk). Show and dimensionalized these recommended street improvements, new parallel parking spaces along the San Tomas Aquino Road street frontage, as well as any other existing utility facilities to remain (curb -cuts, gutter, utility poles, etc.). e. CMC 21.18.140 requires the undergrounding of all overhead utility lines along the project's public street frontages. Indicate that the overhead lines on both Bucknall and S. San Tomas Aquino Road will be undergrounded (please coordinate with PG&E to prevent any unnecessarily delays). f. Parallel parking spaces within the project site shall have minimum dimensions of 8 feet by 22 feet. Please revise the 8 foot width of the spaces to satisfy this requirement and also provide a typical parking space dimension notation for these spaces. Please note that the adjacent landscaping buffer cannot be reduced in width. g. Label a minimum of thirteen of the parallel parking spaces as "guest only" spaces. h. Number the parking spaces provided on the western and northern sides of the property. It appears that there are five parking spaces on the north side and 15 on the western side. It is unclear where the remaining parking space is located. Indicate paving materials throughout the development, including the paseo, the entrance way, and the internal roadway. Staff recommends the use of differentiated paving materials, textures or colors (e.g., interlocking pavers or stamped concrete) for the common driveway entry, the entire length of the internal roadway, and pedestrian walkways. j. Indicate existing/proposed perimeter fencing (6-foot wall or fence) around the northern and western property lines per CMC 21.18.120. k. Indentify the type noise barriers (fence or wall) and proposed material(s). 1. Lots 25 and 13 are not shown with a noise barrier as required by the submitted acoustical study. Please incorporate the appropriate noise barrier. Alternatively, it may be possible to utilize a 7-foot wall across the northern property line, negating the need for individual barriers for Lots 25, 13, and 12. 70 North First Street • Campbell, CA 95008-1423 • TEL (408) 866-2140 • FAX (408) 866-5140 ^ E-MAIL planning@cityofeampbell.com PLN2011-255 — 258 - 125 S. -gun Tomas Aquino Road Page 6 of 11 ` m. The turning radius required to back out from the Unit 5 garage appears improbable given the width and length of the driveway. Please revise as appropriate or provide inforination demonstrating the feasibility of this design. n. Show proposed property lines with property dimensions for each of the proposed new lots, consistent with Sheet C1.0. o. Show the side yard easements for each parcel. p. Show the building footprints of the adjacent single-family residences on John Kirk Court, as shown on Sheet C2.0. q. Show the existing PG&E cabinets and related easements at the northeast and southwest corners of the property. These units must either be removed or screened by landscaping. r. Provide general landscaping notations throughout (e.g., trees, shrubs, etc.). s. Label the common open space area and depict the retaining wall (also indicating construction material). 14. Site Sections (Sheet SS2): The following must be revised on the Site Sections sheet: a. Include a conceptual section of the adjacent single-family residences on John Kirk Court to demonstrate the relative heights between the structures. b. Provide height measurements as required for the elevations sheet in Comment #15(a). c. Ensure that any grade differential between the project site and the adjacent properties is depicted to scale. 15. Elevations (Sheets Al — Al9): The following must be revised on the Elevations sheet: a. Show and note the following height measurement on all proposed elevations in relative values (feet and inches) as well as elevation benchmark (AMSL) levels established by the grading and drainage plan: (1) Existing grade (2) Finished grade (3) Maximum structure height as measured from finished grade (4) Finished floor as measured from finished grade (5) Plate heights (all stories) as measured from finished grade b. Indicate material information for all architectural elements and features (e.g., shutters, corbels, eaves, window frames, glazing, trellises, front doors, garage doors, etc.) c. Depict the roofing material(s) on all elevations. d. Show roof vents with notations of material/color. e. The Floor Plan sheets indicate an optional fireplace for the "traditional" units. If there will be a chimney, please depict on the elevations sheet. Also depict any venting on the side walls that would be associated with the fireplace. 70 North First Street • Campbell, CA 95008-1423 • TEL (408) 866-2140 • FAX (408) 866-5140 • E-MAIL planning@cityofcampbell.com. PLN2011-255 — 258 - 125 S.. La, Tomas Aquino Road Page 7ofII f. Provide a table on each elevation sheet that specifies colors and materials consistent with the corresponding color/material board. g. Show the sprinkler shut off valve required by the residential sprinkler system (reference Fire Department Comment #2). These valves must be recessed into the wall and located within an interior side wall so as not to be visible from the street or internal roadway. h. Provide detailed drawings for both the 6- and 7-foot tall "noise barriers' as identified on the Site Plan. 16. Roof Plans (Sheets AS Al0, & A22: Show the approximant location of all roof penetrations (e.g., vents). 17. Floor Plan (Sheets A4 A9 A20, & A21): The following must be revised on the Floor Plan sheets: a. Show the recessed space where the shut off valve required by the residential sprinkler system will be placed. b. Indicate interior garage dimensions. The minimum required is 18-ft (wide) by 20-ft (deep) of unobstructed interior space. c. Verify that the depicted tank -based water heater will be allowed pursuant to the CALGreen Building Code requirements (reference Building Division Comment #13). If a tank -less water heater will be required, revise the floor plan and elevation sheets as appropriate to show its location. 18. Vesting Tentative Map (Sheet C1.0): The following must be revised on the Vesting Tentative Map: a. Indicate existing and proposed zoning districts (C-1 — Neighborhood Commercial / P-D — Planned Development) and General Plan Land Use designations (Neighborhood Commercial / Low -Medium Density Residential (6-13 units/gr. acre). b. Provide the square -footage for parcels # 5 and #8. c. Indicate the current legal owner of the property. d. Indicate the net and gross lot area. e. Indicate basis of bearings and location of City benchmarks. f. Show the side yard easements for each residential parcel. 19. Conceptual Grading Plan (Sheet C2.0): The following must be revised on the Conceptual Grading Plan: a. Indicate that "outside grade" reflects the finished grade of the property after development. b. Show and dimensionalize all street inforination of existing utility facilities (sidewalk, curb -cuts, gutter, utility poles, power poles, existing overhead utility lines etc.). c. Provide existing grade notations throughout. 70 North First Street • Campbell, CA 95008-1423 • TEL (408) 866-2140 • FAX (408) 866-5140 • E-MAIL planning@cityofeampbell.com PLN2011-255-258 - 125 S. Dan Tomas Aquirio Road Page 8 of 11' d. Show the amount of total proposed impervious area and total proposed pervious area. The plans do indicate individual calculations for "total replaced + new" impervious/pervious surface, which is confusing to determine "Total New Impervious" and "Total New Pervious." 20. Conceptual Stornwater Control Plan (Sheet C3.0): The following must be revised on the Conceptual Stormwater Control Plan. This site triggers the Low Impact Development treatment measures which limit storm water treatment to harvesting and reuse, infiltration, evapotranspiration and/or biotreatment. Based on the submittal inforination it appears that infiltration and evapotranspiration methods have been the selected treatment measures for this site. Based on this information, please provide: a. City of Campbell's LID Feasibility Worksheet (enclosed). b. City of Campbell's Infiltration Feasibility Worksheet (enclosed). c. Information that identifies that the infiltration rate for the infiltration trench and infiltration area meets the minimum infiltration rate requirements. d. Details for Areas 1 and 7 of landscaped area's ability to retain 3" of water. 21. Conceptual Infiltration Trench Details (Sheet C4.0): Revise the Infiltration Trench detail to show the pipe to be at the top of the infiltration trench. 22. Conceptual Utility Plan (Sheet C6.0): The following must be revised on the Conceptual Utility Plan: a. Show required public fire hydrants (reference Fire Department comment #8). b. Show the location of all above ground mechanical equipment on site (e.g., PG&E transfonners, fire sprinkler risers, water and gas meters, backflow preventers, etc.). This equipment shall be completely screened from public view by either a barrier or additional landscaping. 23. Landscaping Plan Sheet L-1): The following must be revised on the Landscaping Plan. Please note that upon resubmittal of the Landscaping Plan, it will be referred to the Public Works Superintendent for review of suitability of the proposed plantings. Revisions to the planting types may be required. a. Please provide the landscaping plan in color to increase its legibility. b. Revise the "Plant Material Key" so that the plantings are grouped in the same manner as the graphics under "Tree Legend". It would also be preferable if the legend graphics are incorporated into the material key. Please also ensure that there are graphical notations provided for the groundcover and other infiltration plants. c. Provide a landscaping summary table identifying (1) total proposed landscaping area in square feet, (2) the percentage of the site that will be landscaped, (3) estimated quantity of trees, and (4) estimated quantity on non -tree plantings in square -feet. d. Indicate that the Landscaping Plan will be consistent with State Water Efficient Landscape Requirements (California Code of Regulations, Title 23, Ch. 2.7, Div. 2) ? instead of the reference to the "Campbell Water Conservation Ordinances." 70 North First Street • Campbell, CA 95008-1423 • TEL (408) 866-2140 ^ FAX (408) 866-5140 • E-MAIL planning@cityofcampbell.com PLN2011-255 —258 -125 S. Tomas Aqunlo Road Page 9 of 11 e. As with the proposed Site Plan (Sheet SP), show the recommended street improvements with dimensions. Within the new park strip show City standard trees and turf. f. Indicate paving materials throughout the development, including the paseo, the entrance way, and the internal roadway. Staff recommends the use of differentiated paving materials, textures or colors (e.g., interlocking pavers or stamped concrete) for the common driveway entry, the entire length of the internal roadway, and pedestrian walkways. g. Provide landscape irrigation details showing the location of the irrigation and any above ground equipment associated with the landscaping (backflow preventers). All above ground equipment shall be screened from public view through the use of either a barrier screens or additional landscaping. h. Provide a "plantings details" sheet that provides photographic images for each proposed planting. The details should be numbered and correspond with the "Plant Material Key". 24. Landscaping Plan (Sheet L-2): Revise this sheet as appropriate to reflect the comments for Sheet L-1. 25. Lighting Plan: The following must be revised on the Lighting Plan: a. Indicate that the Lighting Plan will be in confonnance with the Campbell Lighting Design Standards (CMC Sec. 21.18.090). b. Provide detail drawings ("cut sheets") of the proposed lighting fixtures on this sheet or on a separate subsequent sheet (i.e., lighting details sheet). DEPARTMENTAL REVIEW In addition to the Planning Division, these project plans were reviewed by the Building Division, the Public Works Department, and the County Fire Department. Completeness comments from the Public Works Department are incorporated into this letter. Comments (post -entitlement requirements) from the Building Division are enclosed for your review. 26. Fire Department Requirements: County Fire Department comments pertaining to site access and water supply are also included. The comments present the following issues that need to be addressed with resubmittal. As such, please contact the Fire Department to review these comments and provide a written response addressing the following: a. Roadway Access (Comments # 3, #4, & #6): Confirm that the proposed roadway dimensions satisfy the minimum requirements as stated in these comments. b. Rescue Window Access (Comment #5): Explain how the proposed side yard areas will satisfy the requirement for side yard clearance. c. Porous Pavement (Comments #3 & #4): Verify that the porous pavement around the internal roadway will satisfy the requirement for "an all weather [roadway] surface". 70 North First Street • Campbell, CA 95008-1423 • TEL (408) 866-2140 • FAX (408) 866-5140 1 E-MAIL planning@cityorcampbell.com PLN2011-255-258 - 125 _,dn Tomas Aquino Road Page 10 of I f ENVIRONMENTAL (CEQA) RENEW As you are aware, this project is subject to environmental review under the California Environmental Quality Act (CEQA). This review will take the form of an Initial Study and likely preparation of a Mitigated Negative Declaration. Utility "will -serve" letters are required from the following agencies from (1) West Valley Sanitation District, (2) San Jose Water Company, (3) Pacific Gas & Electric Company, and (4) West Valley Collection and Recycling. Please note that State (CEQA) statutes and CMC 21.38.040 allow the City to require additional documentation necessary to conduct the environmental review after the project has been deemed complete. Additionally, if the Initial Study or traffic impact analysis results in mitigation measures that affect the project design or layout, the measures will need to be incorporated into revised project plans and/or project description prior to scheduling of public meetings. CEQA review will also entail submittal of additional funds to cover County administrative cost and California Department of Fish and Game fees, of approximately $2,000, to be remitted prior to public hearings. Additionally, to ensure compliance with required mitigation measures, the City will also require a deposit commensurate with the scope of the project to cover actual staff time to monitor compliance (approximately $8,000 to $10,000). DESIGN COMMENTS The following is staff s feedback on the project design. These comments are intended to facilitate discussion on refinements to the project and do not constitute mandatory revisions. 27. Site Access: As noted, the TIA for this project will review access potential for both San Tomas Aquino Road and Bucknall Road. If the results of this analysis show that access to the project can safely and efficiently be provided from Bucknall Road, staff may wish to discuss the potential for relocating the project driveway. A Bucknall Road driveway would allow for a continuous frontage of residences along San Tomas Aquino Road that could result in a more complete streetscape. 28. Corner Lot: Due to the double street frontage, the proposed corner lot (Lot 5) presents an opportunity to provide a unique model design, different from the rest of the subdivision. Please consider preparing an additional design for this unit that provides a distinctive corner presence. 29. Three -Story Desigins: The three-story unit designs exhibit a vertical design emphasis that may be out of character with the sun-ounding neighborhood. Please consider modifying the design of these units to limit or reduce features that accentuate the height of the structure (e.g., continuous vertical walls, parallel 2"d and 3'"d story windows, size of third stories, etc.). If you should have any questions regarding these comments, I may be contacted at (408) 866- 2193 or by email at danielf@cityofcampbell.com. When resubmitting the project plans, please provide four 24" x 36" copies, one 11"x17" copy, and a PDF copy on a CD. With resubmittal, please also provide a response letter itemizing the specific revisions made and/or additional materials provided. Please note that this letter does not encompass a listing of all City fees related to this project (Park in -lieu fee, storm drain fee, etc.), which will be provided upon project completeness. 70 North First Street - Campbell, CA 95008-1423 - TEL (408) 866-2140 - FAX (408) 866-5140 - E-MAIL planning@cityofcampbell.co"i PLN2011-255-258 - 125 S. -. —. Tomas Aqun-to Road Page 11 of 11 Sin y, J Daniel Fama Assistant Planner Encl: County Fire Department Comments Building Division Comments City of Campbell's LID Feasibility Worksheet City of Campbell's Infiltration Feasibility Worksheet cc: Paul Kermoyan, Planning Manager — (408) 866-2141 Matthew Jue, Traffic Engineer — (408) 866-2154 Bill Bruckart, Building Official — (408) 866-2132 14 Doug Harding, Deputy Fire Marshall — (408) 378-4010 d .4t-and soe t — �'i�� 8 6-216 70 North First Street • Campbell, CA 95008-1423 • TEL (408) 866-2140 • FAX (408) 866-5140 • E-MAIL planning@cityofcampbell.com ;;C- 1 .i 1' E P R,1 wff :tom Y it FlIl�1 xF� y. COURTESY A SERVICE 14700 Winchester Blvd., Los Gatos, CA 95032-1818 (408) 378-4010 ® (408) 378-9342 (fax) • www.sccfd.org PLAN REVIEW No. 11 2970 BLDG DEVELOPMENTAL REVIEW COMMENTS PERMIT No. Proposed 26-unit development consisting of two -and three-story detached single-family residences with attached garages. The structures are between 1,900 to 2,200 square -feet in size. Vesting Tentative Map and Model plans included. Comment #1: Review of this Developmental proposal is limited to acceptability of site access and water supply as they pertain to fire department operations, and shall not be construed as a substitute for formal plan review to determine compliance with adopted model codes. Prior to performing any work the applicant shall make application to, and receive from, the Building Department all applicable construction permits. Comment #2: Fire Sprinklers Required: An automatic sprinkler system shall be provided throughout all new buildings and structures exceeding one (thousand) square feet. Exception: Group A, B, E, F, I, L, M, S and U occupancy buildings and structures that do not exceed 1,000 square feet of building area. NOTE: Covered porches, patios, balconies, and attic spaces may require fire sprinkler coverage.A State of California licensed (C-16) Fire Protection Contractor shall submit plans, calculations, a completed permit application and appropriate fees to this department for review and approval prior to beginning their work. CFC Sec. 903.2, as adopted and amended by CBLMC NOTE: Two different site plans are shown. Comments regarding Fire Department access apply to both site plans. The applicant must determine which site plan will be implemented. Comment #3: Fire Apparatus (Ladder Truck) Access Roads Required: Provide access roadways with a paved all weather surface and a minimum unobstructed width of 26 feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 45 feet outside and 31 feet inside, a maximum slope of 107o and vehicle loading of 75,000 pounds. CFC Sec. 503 Comment #4: Fire Apparatus (Engine) Access Roads Required: Provide access roadways with a paved all weather surface, a minimum unobstructed width of 20 feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 36 feet outside and 23 feet inside, and a maximum slope of 15%. For installation guide lines refer to Fire Department Standard Details and Specifications sheet A-1. CFC Sec. 503 CRY PLANS SPECS NEW CBL ® ❑ ® RMDL AS ❑ ❑ OCCUPANCY SFR CONST. TYPE V-B AppllcantName Michael Fletcher, Arcadia Homes DATE 10/06/201 I PAGE 1 OF 3 SEC/FLOOR see plans AREA see plans LOAD PROJECT DESCRIPTION Residential Development PROJECT TYPE OR SYSTEM Design Review NAME OF PROJECT RESIDENTIAL DEVELOPMENT LOCATION 125 S. San Tomas Aquino Rd Campbell TABULAR FIRE FLOW 1000 REDUCTION FOR FIRE SPRINKLERS REQUIRED FIRE FLOW @ 20 PSI 1000 BY Harding, Doug L 50% Organized as the Santa Clara County Central Fire Protection District Serving Santa Clara County and the communities of Campbell, Cupertino, Los Altos, Los Altos Hills, Los Gatos, Monte Sereno, Morgan Hill, and Saratoga ojARA ` C-MESY & SEFVICE . 1 LR .i DIE, .1 1"`�*, y�IM I I ' � 14700 Winchester Blvd., Los Gatos, CA 95032-1818 (408) 378-4010 « (408) 378-9342 (fax) - www.sccfd.org PLAN REVIEW No. BLDG DEVELOPMENTAL REVIEW COMMENTS PERMIT No. . 11 2970 Comment #5: Rescue Window Access: Ground -ladder rescue from second and third floor rooms shall be made possible for fire department operations. With the climbing angle of seventy five degrees maintained, an approximate walkway width along either side of the building shall be no less than seven feet clear. Landscaping shall not be allowed to interfere with the required access. CFC Sec. 1029 Comment #6: Parking Along Roadways: The required width of fire access roadways shall not be obstructed in any manner and, parking shall not be allowed along roadways less than 28 feet in width. Parking may be permitted along one side of roadways 28-35 feet in width. For roadways equal to or greater than 36 feet, parking will be allowed on both sides of the roadway. Roadway widths shall be measured curb face to curb face, with parking space based on an 8 ft width. CFC Sec. 503 Comment #7: Premises Identification: Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background. CFC Sec. 505 Comment 48: Public Fire Hydrant(s) Required: Provide public fire hydrant(s) at location.(s) to be determined jointly by the Fire Department and San Jose Water Company. Maximum hydrant spacing shall be 600 feet, with a minimum single hydrant flow of 1,000 GPM at 20 psi, residual. Fire hydrants shall be provided along required fire apparatus access roads and adjacent public streets. Sltow tltese on the Utility plan CFC Sec. 507 Comment 49: Timing of Required Water Supply Installations: Installations of required fire service (s) and fire hydrant(s) shall be tested and accepted by the Fire Department, prior to the start of framing or delivery of bulk combustible materials. Building permit issuance may be withheld until required installations are completed, tested, and accepted. CFC Sec. 501 City PLANS SPECS NEW RMDL AS CBL ® ❑ ® ❑ ❑ OCCUPANCY SFR CONST. TYPE V-B ApplicantName Michael Fletcher, Arcadia Homes DATE 10/06/201 PAGE 2 OF 3 SEC/FLOOR see plans AREA see plans LOAD PROJECT DESCRIPTION Residential Development PROJECT TYPE OR SYSTEM Design Review NAME OF PROJECT RESIDENTIAL DEVELOPMENT LOCATION 125 S. San Tomas Aquino Rd Campbell TABULAR FIRE FLOW 1000 REDUCTION FOR FIRE SPRINKLERS REQUIRED FIRE FLOW Q 20 PSI 1000 BY Harding, Doug 1 50%, Organized as the Santa Clara County Central Fire Protection District Serving Santa Clara Countu and the communities of Campbell, Cupertino, Los Altos, Los Altos Hills, Los Gatos, Monte Sereno, Morgan Hill, and Saratoga � � o 5 Figs COURTESY & SERVICE ARE _DAR7MEN''°mt 14700 Winchester Blvd., Los Gatos, CA 95032-1818 (408) 378-4010 a (408) 378-9342 (fax) o www.sccfd.org PLAN REVIEW No. BLDG DEVELOPMENTALREVIEW COMMENTS PERMIT No. 11 2970 Comment #10: Timing of Required Roadway Installations: Required access roads, up through first lift of asphalt, shall be installed and accepted by the Fire Department prior to the start of combustible construction. During construction, emergency access roads shall be maintained clear and unimpeded. Note that building permit issuance may be withheld until installations are completed. Temporary access roads may be approved on a case by case basis. CFC Sec. 501 To prevent plan review and inspection delays, the above noted Developmental Review Conditions shall be restated as "notes" on -all pending and future plan submittals and any referenced diagrams to be reproduced onto the future plan submittal. City PLANS SPECS NEW CBL 0 ❑ ® RMDL AS ❑ ❑ OCCUPANCY SFR CONST. TYPE V-B ApplicantName Michael�Fletche�r,Arca�dii Homes 7DAT/ 06/201 PAGE 3 of 3 SEC/FLOOR see plans AREA see plansResidential FLOADPROJECT DESCRIPTION PROJECT TYPE OR SYSTEM Development Design Review NAME OF PROJECT RESIDENTIAL DEVELOPMENT LOCATION 125 S. San Tomas Aquino Rd Campbell TABULAR FIRE FLOW 1000 REDUCTION FOR FIRE SPRINKLERS REQUIRED FIRE FLOW CO 20 PSI BY Harding, Doug 1 1 50% 11000 as the Santa Clara County Central Fire Protection District Serving Santa Clara County and the communities of Campbell, Cupertino, Los Altos. Los Altos Hills, Los Gatos, Monte Sereno, Morgan Hill, and Saratoga CITE' OF CAMPBELL BUILDING INSPECTION DIVISION — COMMENTS TO THE DEVELOPMENT REVIEW COMMITTEE DRC: October 31, 2011 ADDRESS: 125 S. San Tomas Aquino Rd. Project Application: RECOMMENDATION: PLN2011-00255 PLN201.1-00256 PLN2011-00257 PLN2011-00258 PLN2011-00259 Note: No building code issue has been reviewed at Development Review Committee; it will be reviewed in the Building Permit process. Please be aware that building codes are changing constantly; plans submitted for building permit shall comply with the code in effect at that time. Submit permit application together with required documents to the Building Inspection Division to obtain a building permit. No construction can be commenced without an appropriate building permit. It is recommended that this item be forwarded to the Planning Commission for review, with the following conditions. TO THE SATISFACTION OF THE BUILDING DIVISION MANAGER/BUILDING OFFICIAL: PERMITS REQUIRED: A building permit application shall be required for each proposed new single family dwelling structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 2. PLAN PREPARATION: This project requires plans prepared under the direction and oversight of a. California licensed Engineer or Architect. Plans submitted for building permits shall be "wet stamped" and signed by the qualifying professional person. 3. CONSTRUCTION PLANS: The conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building pen -nit. 4. SIZE OF PLANS: The minimum size of construction plans submitted for building pen -nits shall be 24 in. X 36 in. 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 engineer specializing in soils mechanics. 6. SITE PLAN: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. Site plan shall J:\Building DRC Comments\125 S San Tomas Aquino Rd.doc also include thorough site drainage details. Property lines shall be clearly identified in relationship to exterior walls. 7. 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 corner locations TITLE 24 ENERGY COMPLIANCE: California. Title 24 Energy Compliance forms shall be blue - lined on the construction plans. 8Y2 X 11 calculations shall be submitted as well. SPECIAL INSPECTIONS: When a special inspection is required by C.B.C. Chapter 17, 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 C.B.0 Chapter 1, Section 106. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 10. 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" X 36") is available at the Building Division service counter. 11. APPROVALS REQUIRED: The project requires the following agency approval prior to issuance of the building permit: a. West Valley Sanitation District (378-2407) b. Santa Clara County Fire Department (378-4010) C. San Jose Water Company (408) 279-7900 (Customer Service) d. School District: i) Campbell Union School District (378-3405) ii) Campbell Union High School District (371-0960) iii) Moreland School District (379-1370) iv) Cambrian School District (377-2103) Note: To determine your district, contact the offices identified above. Obtain the School District payment form from the City Building Division, after the Division has approved the building permit application. C. Bay Area Air Quality Management District (Demolitions Only) ]:\Buildin.- DRC Comments\125 S San Tomas Aquino Rd.doc 12. P.G.&E.: Applicant is advised to contact Pacific Gas and Electric Company as early as possible in the approval process. Service installations, changes and/or relocations may require substantial scheduling time and can cause significant delays in the approval process. Applicant should also consult with P.G. and E. concerning utility easements, distribution pole locations and required conductor clearances. 13. CALIFORNIA GREEN BUILDING CODE: This project is subjectto the mandatory requirements for new residential structures under the California Green Building Code, 2010 edition. 14. CONSTRUCTION FENCING: This project shall be properly enclosed with a construction fence to prevent unauthorized access to the site during construction. The construction site shall be secured to prevent vandalism and/or theft during hours when no work is being done. All protected trees shall be fenced to prevent damage to root systems. 15. BUILD IT GREEN: Applicant shall complete and submit a "Build it Green" inventory of the proposed new single family project prior to issuance of building pen -nit. 7:\Building DRC Comments\125 S San Tomas Aquino Rd.doc Rev 10-18-2011 L,ID Feasibility Screening Worksheet Apply these screening criteria for C.3 Regulated Projects 'required to implerrten.t Provision C.3 stormwater treatment requirements. See the Glossary (Attachment 1) far definitions of terms marked with an asterisk (*). Contact municipal staff to determine whether the project meets Special Project"' criteria and is eligible for LID treatment reduction credits. Applicant Info (Site Address, Applicant Name/Address/Phone, Project Name/Description, Site Area) Feasibility Screening for Infiltration and Recycled Water Use Do site soils either (a) have a saturated hydraulic conductivity* (Ksat) that will NOT allow infiltration of 80% of the annual runoff (that is, the Ksat is LESS than 1.6 inches/hour), or (b) consist of Type C or D soils?' ❑ Yes (continue) ❑ No — complete the Infiltration Feasibility Work -sheet Check the box if the project is installing and using a recycled water plUnlbing system for non -potable water use. ❑ Due to recycled water plumbing system, rainwater harvesting is infeasible. Skip to Section 4. 3. Feasibility Screening for Rainwater harvest and Use Complele this section ftw the entire project area. If the prgjecl includes one or more buildings than each have an individual roof area of 10,000 sq. ft. or more, complete Section 3 of this form for each of these buildings. 3.1 Table I is completed for (check one): ❑ The whole project ❑ Area of I building roof' (10.000 sq.ft. min.) Table 1: Calculation of the Potential Rainwater Capture Area* 77w Potential Rainwater Capture Area mqv consist of either the entire project area or one building wilh a roof area of 10,000 sq. %t. ormole. 1 2 3 4 Pre -Project Impervious surface (sq.ft.), if applicable Proposed impervious Surface' (IS). in sq. ft. Post -project landscaping (sq.ft.), if applicable, Replaced iS Created" iS a. Enter the totals for the area to be evaluated: b. Sum of replaced and created impervious Surface: N/A N/A Base this response on the site -specific soil report, if available. if this is not available, consult soil hydraulic conductivity maps in Attachment 4. ' it only the roof area is evaluated, enter only the roof area (vegetated roofs excluded), ll' the entire site is evaluated. enter the total of all impervious surfaces, including the building footprint, driveway(s), patio(s), impervious deck(s), umnofed porch(es), uncovered parkin_ lot (including top deck of parking structure), impervious trails, miscellaneous paving or structures, and off -lot impervious surface (.new, contiguous impervious surface created from road projects, including sidewalks and/or bike lanes built as pan of new street). Impervious surfaces do NOT include vegetated roofs or pervious pavement that stores and infiltrates rainfall at a rate equal to immediately surrounding. Unpaved landscaped areas, or that stores and infiltrates the C.M.arnount of runoff*. "Replaced' means that the project will install impervious surface where existing impervious Surface is removed. ' "Created' means the project will install new impervious surface where there is currently no impervious surface. * For definitions, see Glossary (Attachment 1). Screening Worksheet_draft_101811_clean Page 1 of 3 October 18, 2011 3.2 Answer this question ONLY if you are completing this section for the entire project area. If existing impervious surface will be replaced by the project, does the area to be replaced equal 50% or more of the existing area of impervious surface? (Refer- to Table 1, Row A. Is the area in. Column 2 > 50%n of Column 1 ?) ❑ Yes, C.3, stormwater treatment requirements apply to areas of impervious surface that will remain in place as well as the area created and/or replaced. ❑ No, C.3. requirements apply only to the impervious area created and/or replaced. 3.3 Enter the square footage of the Potential Rainwater Capture Area*. If you are evaluating only the roof area of a building, this amount is from Row "b" in Table 1. If you are evaluating the entire project area, this amount is based on the evaluation conducted in Item 3.2: square feet. 3.4 Convert the measurement of the Potential Rainwater Capture Area* from square feet to acres (divide the amount in Item 3.3 by 43,560): acres. 3.5 Use of harvested rainwater for landscape irrigation: Multiply the Potential Rainwater Capture Area* in square feet (Item 3.3) by 2.5. Is the result GREATER than the area of post -project landscaping (Column 4 in Table 1)? ❑ Yes (continue) ❑ No — direct runoff from impervious areas to self -retaining areas* OR refer to Table I I and the coves in Appendix F of the LID Feasibility Report to evaluate feasibility of harvesting and using the C.3.d amount of runoff for irrigation. 3.6 Use of harvested rainwater for toilet flushing or non -potable industrial use: It Residential Projects: Proposed density (dwelling units/acre): Will the project density be LESS THAN I00.dwelling units/acre, assuming 2.7 occupants/unit? ❑ Yes (continue) ❑ No— complete the Harvest/Use Feasibility Worksheet. b. Commercial/Industrial Projects: Proposed interior floor area: (sq. ft.) Proposed interior floor area (sq.ft.) per acre: (Divide the interior floor area (sq.ft.) by the acres of the Potential Rainwater Capture Area in Item. 2.3.) Does square footage of the interior floor space per acre equal LESS than 70,000?) ❑ Yes (continue) ❑ No — complete the Harvest/Use Feasibility Worksheet c. School Projects: Proposed interior floor area: (sq. ft.) Proposed interior floor area (sq.ft.) per acre: (Divide the interior floor area (sq.ft.) by the acres of the Potential Rainwater Capture Area* in Item 2.3.) Does square footage of the interior floor space per acre equal LESS than 2.1,000?) ❑ Yes (continue) ❑ No — complete the Harvest/Use Feasibility Worksheet For definitions, see Glossary (Attachment 1). Screening Worksheet-draft_101811_clean Page 2 of 3 October 18, 2011 d. Mixed Commercial and Residential Use Projects Evaluate the residential toilet flushing demand based on the dwelling units per acre for the residential portion of the project (using it prorated acreage, based on the percentage of the project dedicated to residential use). Evaluate the commercial toilet flushing demand per acre for the commercial portion of the project (using it prorated acreage, based on the percentage of the project dedicated to commercial use). e. Industrial Projects: Estimated non -potable water demand (gal/day): Is the non -potable demand LESS than 2,400 gal/day per acre of the Potential Rainwater Capture Area? ❑ Yes (continue) ❑ No — refer to the curves in Appendix F of the LID Feasibility Report to evaluate feasibility of harvesting and using the C.3.d amount of runoff for industrial use. 4. Use of Biotreatment If all questions in Section 2 are answered yes, and either all the questions in Section 3 are answered "yes," or the project will have a recycled water system for non -potable use, then the applicant may use appropriately designed bioretention facilities for compliance with C.3 treatment requirements. The applicant is encouraged to maximize infiltration of stormwater if site conditions allow. 5. Results of Screening Analysis Based on this screening analysis, the project will (check all that apply): ❑ Implement biotreatment measures (such as an appropriately designed bioretention area). ❑ Conduct further analysis of infiltration feasibility by completing the Infiltration Worksheet. ❑ Conduct further analysis of rainwater harvesting and use by (check one): ❑ . Completing the Rainwater Harvesting and Use Worksheet for: ❑ The entire project ❑ Individual building(s) (describe: ) ❑ Evaluating the feasibility of harvesting and using the C.3.d amount of runoff for irrigation, based on Table I I and the curves in Appendix F of the LID Feasibility Report ❑ Evaluating the feasibility of harvesting and using the C.3.d amount of runoff for non -potable industrial use, based on the curves in Appendix F of the LID Feasibility Report. * For definitions, see Glossary (Attachment 1). Screening Worksheet_draft_101811—clean Page 3 of 3 October 18, 2011 Infiltration Feasibility W®rksheet Municipal Regional Stormwater Permit (MRP) Stormwater Controls for Development Projects City of Campbell 70 N. First Street Campbell, CA 95008 (408)866-2150 www.cityofcampbell.com Rev 10/17/2011 Complete this worksheet for C.3 Regulated Projects* for which the soil hydraulic conductivity (Ksat) exceeds 1.6. Use this checklist to determine the feasibility of treating the C.3.d amount of runoff* with infiltration. Where it is infeasible to treat the C.3.d amount of runoff* with infiltration or rainwater harvesting and use, stormwater may be treated with biotreatment* measures. See Glossary (Attachment 1) for definitions of terms marked with an asterisk (*). 1. Enter Project Data. 1.1 Project Name: 1.2 Project Address: 1.3 Applicant/Agent Name: 1.4 Applicant/Agent Address: 1.5 Applicant/Agent Email: Applicant / Agent Phone: 2. Evaluate infiltration feasibility. Check "Yes" or "No" to indicate whether the following conditions apply to the project. If "Yes" is checked for any question, then infiltration is infeasible, and you can continue to Item 3.1 without answering any further questions in Section 2. If all of the answers in Section 2 are "No," then infiltration is feasible, and you may design infiltration facilities * for the area from which runoff must be treated. Items 2.1 through 2.3 address the feasibility of using infiltration devices', as well as the potential need to line bioretention areas. Yes No 2.1 Would infiltration facilities at this site conflict with the location of existing or proposed underground utilities or easements, or would the siting of infiltration facilities at this site result in their placement on ❑ ❑ top of underground utilities, or otherwise oriented to underground utilities, such that they would discharge to the utility trench, restrict access, or cause stability concerns? (If yes, attach evidence documenting this condition.) 2.2 Is there a documented concern that there is a potential on the site for soil or groundwater pollutants to ❑ ❑ be mobilized? (If yes, attach documentation of mobilization concerns.) 2.3 Are geotechnical hazards present, such as steep slopes, areas with landslide potential, soils subject to liquefaction, or would an infiltration facility need to be built less than 10 feet from a building foundation or other improvements subject to undermining by saturated soils? (If yes, attach documentation of ❑ ❑ geotechnical hazard.) Respond to Questions 2.4 through 2.9 only if the project proposes to use an infiltration device*. 2.4 Do local water district or other agency's policies or guidelines regarding the locations where infiltration may occur, the separation from seasonal high groundwater, or setbacks from potential sources of pollution prevent infiltration devices from being implemented at this site? (If yes, attach evidence ❑ ❑ documenting this condition.) 2.5 If there are highly infiltrative native soils, such as sandy soil with an infiltration rate greater than 10" per hour, is there evidence that the soils are not sufficiently protective of groundwater to allow infiltration. (If ❑ ❑ yes, attach evidence documenting this condition.) * See Glossary (Attachment 1) for definitions. 1 DRAFT October 17, 2011 I Yes No 2.6 Would construction of an infiltration device require that it be located less than 100 feet away from a ❑ ❑ septic tank, underground storage tank with hazardous materials, or other potential underground source of pollution? (If yes, attach evidence documenting this claim.) 2.7 Is there a seasonal high groundwater table or mounded groundwater that would be within 10 feet of the base of an infiltration device* constructed on the site? (If yes, attach documentation of high ❑ ❑ groundwater.) 2.8 Are there land uses that pose a high threat to water quality — including but not limited to industrial and light industrial activities, high vehicular traffic (i.e., 25,000 or greater average daily traffic on a main roadway or 15,000 or more average daily traffic on any intersecting roadway), automotive repair shops, ❑ ❑ car washes, fleet storage areas, or nurseries? (If yes, attach evidence documenting this claim.) 2.9 Is there a groundwater production well within 100 feet of the location where an infiltration device would be constructed? (If yes, attach map showing the well.) ❑ ❑ 3. Results of Feasibility Determination Infeasible Feasible 3.1 Based on the results of the Section 2 feasibility analysis, infiltration is (check one): ❑ ❑ - If "FEASIBLE" is indicated for Item 3. 1, then the amount of stormwater requiring treatment must be treated with infiltration (or rainwater harvest and use, if feasible). Infiltration facilities* may be designed for the area from which runoff must be treated. —> If 'INFEASIBLE" is checked for item 3. 1, then the applicant may use appropriately designed biotreatment facilities for compliance with C.3 treatment requirements. The applicant is encouraged to maximize infiltration of stormwater if site conditions allow. Name of Applicant (Print) Name of Applicant (Sign) Date * .See Glossary (Attachment 1) for definitions. 2 DRAFT October 17, 2011 T1. MEMORANDUM CITY OF CAMPBELL TO: Daniel Fama, Project Planner DATE: 10/24/11 FROM: Ed Arango, Associate Engineer SUBJECT: DRC APPLICATION Site Address: 125 S. San Tomas Aquino Road For File No(s): PLN 2011-255 Project Description: 25 unit residential subdivision Applicant: Michael Fletcher, Arcadia Homes PUBLIC WORKS DEPARTMENT COMPLETENESS COMMENTS l . On the preliminary grading/utility plans show the amount, in square footage, of: a. Total proposed impervious area. b. Total proposed pervious area. The plans do indicate individual calculations for "total replaced + new" impervious/pervious surface, which is confusing to determine "Total New Impervious" and "Total New Pervious." 2. This site triggers the Low Impact Development treatment measures which limit stone water treatment to harvesting and reuse, infiltration, evapotranspiration and/or biotreatment. Based on the submittal information it appears that infiltration and evapotranspiration methods have been the selected treatment measures for this site. Based on this information, please provide: a. City of Campbell's LID Feasibility Worksheet b. City of Campbell's Infiltration Feasibility Worksheet c. Information that identifies that the infiltration rate for the infiltration trench and infiltration area meets the minimum infiltration rate requirements. d. Details for Areas 1 and 7 of landscaped area's ability to retain 3" of water. e. Sheet C4.0, Infiltration Trench Detail: revising detail to show pipe to be at the top of infiltration trench. 3. On the preliminary site and/or grading plans clearly dimension street improvements (sidewalk, curb, gutter, driveways, utility poles, etc.). 4 The recommended street improvements for this project will include removing the existing sidewalk and replacing it with a residential detached sidewalk (4.5' landscaped park strip with 4.5' sidewalk). On the site plan (SP) and landscape plan (L-1) show the recommended street improvements with dimensions. Landscaping in the park strip will be recommended to be trees and turf. J:\LandDev\Completeness\STAR S 125.DOC Page 1 of 2 1W 5. Campbell Municipal Code Section 21.18.140 requires the undergrounding of all overhead utility lines along the project's public street frontages. Identify on the plans that the overhead lines on both Bucknall and S. San Tomas Aquino Road will be undergrounded. PG&E coordination will be required by the applicant. 6. On the Tentative Map, show the overall project area and area of lots 5 and 8. J:\1.andDev\Comp1eteness\STAR S 125.DOC Page 2 of 2 0f CA,1j DEVELOPMENT REVIEW COMMITTEE f _r ROUTING SHEET T L k CH AKA Distribution: October 5, 2011 Presentation: October 11, 2011 Completeness: October 18, 2011 Comments: October 25, 2011 ROUTE TO: X Building Division Police Department X Fire Department Redevelopment Coordinator X Land Development Division X Traffic Engineer PROJECT DESCRIPTION: Planned Development Permit/General Plan Amendment/Zoning Map Amendment/Subdivision Map to redevelop the Kirkwood Auto Center with a 25-unit small -lot single-family subdivision. File No.: APN: Applicant: Property Owner: Project Address: Zoning District: Proposed Zoning: General. Plan Designation: Proposed GP Designation: PROJECT PLANNER: PLN2011-255/256/257/258/259 403-02-039 Michael Fletcher, Arcadia Homes San Tomas Partners, LLC 125 S. San Tomas Aquino Rd. C-1 (Neighborhood Commercial) P-D (Planned Development) Neighborhood Commercial Low -Medium Density Residential (6-13 units/gr. acre) Daniel Fama DEPARTMENTAL RECOMMENDATION: 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 Comments No Comments Additional information/revisions (see attached) Initial as Rev 10-18-2011 LID Feasibility Screening Worksheet Apply these screening criteria for C.3 Regulated Projects*required to implement Provision C.3 stormwater treatment requirements. See the Glossary (Attachment ])for definitions of terms marked with an asterisk (*). Contact municipal staff to determine whether the project meets Special Project* criteria and is eligible for LID treatment reduction credits. Applicant Info (Site Address, Applicant Name/Address/Phone, Project Name/Description, Site Area) 2. Feasibility Screening for Infiltration and Recycled Water Use Do site soils either (a) have a saturated hydraulic conductivity* (Ksat) that will NOT allow infiltration of 80% of the annual runoff (that is, the Ksat is LESS than 1.6 inches/hour), or (b) consist of Type C or D soils?' ❑ Yes (continue) ❑ No — complete the Infiltration Feasibility Worksheet Check the box if the project is installing and using a recycled water plumbing system for non -potable water use. ❑ Due to recycled water plumbing system, rainwater harvesting is infeasible. Skip to Section 4. 3. Feasibility Screening for Rainwater Harvest and Use Complete this section for the entire project area. If the project includes one or more buildings that each have an individual roof area of 10,000 sq. ft. or more, complete Section 3 of this foam for each of these buildings. 3.1 Table 1 is completed for (check one): ❑ The whole project ❑ Area of 1 building roof (10,000 sq.ft. min.) Table 1: Calculation of the Potential Rainwater Capture Area* The Potential Rainwater Capture Area may consist of either the entire project area or one building with a roof area of 10,000 sq. ft. or more. l 2 3 4 Pre -Project Proposed Impervious Surface (IS), in Post -project Impervious surface sq. fl. landscaping (sq.ft.), if applicable Replaced IS Created" IS (sq.ft.), if applicable a. Enter the totals for the area to be evaluated: b. Sum of replaced and created impervious surface: N/A Base this response on the site -specific soil report, if available. If this is not available, consult soil hydraulic conductivity maps in Attachment 4. '- If only the roof area is evaluated, enter only the roof area (vegetated roofs excluded). If the entire site is evaluated, enter the total of all impervious surfaces, including the building footprint, driveway(s), patio(s), impervious deck(s), unroofed porch(es), uncovered parking lot (including top deck of parking structure), impervious trails, miscellaneous paving or structures, and off -lot impervious surface (new, contiguous impervious surface created from road projects, including sidewalks and/or bike lanes built as part of new street). Impervious surfaces do NOT include vegetated roofs or pervious pavement that stores and infiltrates rainfall at a rate equal to immediately surrounding, unpaved landscaped areas, or that stores and infiltrates the C.3.d amount of runoff*. 3 "Replaced" means that the project will install impervious surface where existing impervious surface is removed. " "Created" means the project will install new impervious surface where there is currently no impervious surface. * For definitions, see Glossary (Attachment 1). Screening Worksheet_draft-10181 l_clean Page 1 of 3 October 18, 2011 I 3.2 Answer this question ONLY if you are completing this section for the entire project area. If existing impervious surface will be replaced by the project, does the area to be replaced equal 50% or more of the existing area of impervious surface? (Refer to Table 1, Row A. Is the area in Column 2 > 50% of Column 1 ?) ❑ Yes, C.3. stormwater treatment requirements apply to areas of impervious surface that will remain in place as well as the area created and/or replaced. ❑ No, C.3. requirements apply only to the impervious area created and/or replaced. 3.3 Enter the square footage of the Potential Rainwater Capture Area*. If you are evaluating only the roof area of a building, this amount is from Row "b" in Table 1. If you are evaluating the entire project area, this amount is based on the evaluation conducted in Item 3.2: square feet. 3.4 Convert the measurement of the Potential Rainwater Capture Area* from square feet to acres (divide the amount in Item 3.3 by 43,560): acres. 3.5 Use of harvested rainwater for landscape irrigation: Multiply the Potential Rainwater Capture Area* in square feet (Item 3.3) by 2.5. Is the result GREATER than the area of post -project landscaping (Column 4 in Table 1)? ❑ Yes (continue) ❑ No — direct runoff from impervious areas to self -retaining areas* OR refer to Table 1 I and the curves in Appendix F of the LID Feasibility Report to evaluate feasibility of harvesting and using the C.3.d amount of runoff for irrigation. 3.6 Use of harvested rainwater for toilet flushing or non -potable industrial use: a. Residential Projects: Proposed density (dwelling units/acre): Will the project density be LESS THAN 100 dwelling units/acre, assuming 2.7 occupants/unit? ❑ 'Yes (continue) ❑ No— complete the Harvest/Use Feasibility Worksheet. b. Commercial/Industrial Projects: Proposed interior floor area: (sq. ft.) Proposed interior floor area (sq.ft.) per acre: (Divide the interior floor area (sq.ft.) by the acres of the Potential Rainwater Capture Area in Item 2.3.) Does square footage of the interior floor space per acre equal LESS than 70;000?) ❑ Yes (continue) ❑ No — complete the Harvest/Use Feasibility Worksheet c. School Projects: Proposed interior floor area: (sq. ft.) Proposed interior floor area (sq.ft.) per acre: (Divide the interior floor area (sq.ft.) by the acres of the Potential Rainwater Capture Area in Item 2.3.) Does square footage of the interior floor space per acre equal LESS than 21,000?) ❑ Yes (continue) ❑ No — complete the Harvest/Use Feasibility Worksheet * For definitions, see Glossary (Attachment 1). Screening Worksheet_draft-101811_clean Page 2 of 3 October 18, 2011 d. Mixed Commercial and Residential Use Projects Evaluate the residential toilet flushing demand based on the dwelling units per acre for the residential portion of the project (using a prorated acreage, based on the percentage of the project dedicated to residential use). Evaluate the commercial toilet flushing demand per acre for the commercial portion of the project (using a prorated acreage, based on the percentage of the project dedicated to commercial use). e. Industrial Projects: Estimated non -potable water demand (gal/day): Is the non -potable demand LESS than 2j400 gal/day per acre of the Potential Rainwater Capture Area? ❑ Yes (continue) ❑ No — refer to the curves in Appendix F of the LID Feasibility Report to evaluate feasibility of harvesting and using the C.3.d amount of runoff for industrial use. 4. Use of Biotreatment If all questions in Section 2 are answered yes, and either all the questions in Section 3 are answered "yes," or the project will have a recycled water system for non -potable use, then the applicant may use appropriately designed bioretention facilities for compliance with C.3 treatment requirements. The applicant is encouraged to maximize infiltration of stormwater if site conditions allow. 5. Results of Screening Analysis Based on this screening analysis, the project will (check all that apply): ❑ Implement biotreatment measures (such as an appropriately designed bioretention area). ❑ Conduct further analysis of infiltration feasibility by completing the Infiltration Worksheet. ❑ Conduct further analysis of rainwater harvesting and use by (check one): ❑ Completing the Rainwater Harvesting and Use Worksheet for: ❑ The entire project ❑ Individual building(s) ❑ Evaluating the feasibility of harvesting and using the C.3.d amount of runoff for irrigation, based on Table 1 1 and the curves in Appendix F of the LID Feasibility Report ❑ Evaluating the feasibility of harvesting and using the C.3.d amount of runoff for non -potable industrial use, based on the curves in Appendix F of the LID Feasibility Report. * For definitions, see Glossary (Attachment 1). Screening Worksheet_draft_101811_clean Page 3 of 3 October 18, 2011 Infiltration Feasibility Worksheet Municipal Regional Stormwater Permit (MRP) Stormwater Controls for Development Projects City of Campbell 70 N. First Street Campbell, CA 95008 (408)866-2150 www. cityofcam pbel l.com Rev 10/17/2011 Complete this worksheet for C.3 Regulated Projects* for which the soil hydraulic conductivity (Ksat) exceeds 1.6. Use this checklist to determine the feasibility of treating the C.3.d amount of runoff* with infiltration. Where it is infeasible to treat the C.3.d amount of runoff* with infiltration or rainwater harvesting and use, stormwater may be treated with biotreatment* measures. See Glossary (Attachment 1) for definitions of terms marked with an asterisk (). 1. Enter Project Data. 1.1 Project Name: 1.2 Project Address: 1.3 Applicant/Agent Name: 1.4 Applicant/Agent Address: Applicant / Agent 1.5 Applicant/Agent Email: Phone: 2. Evaluate infiltration feasibility. Check "Yes" or "No" to indicate whether the following conditions apply to the project. If "Yes"is checked for any question, then infiltration is infeasible, and you can continue to Item 3.1 without answering any further questions in Section 2. If all of the answers in Section 2 are No," then infiltration is feasible, and you may design infiltration facilities * for the area from which runoff must be treated. Items 2.1 through 2.3 address the feasibility of using infiltration devices*, as well as the potential need to line bioretention areas. Yes No 2.1 Would infiltration facilities at this site conflict with the location of existing or proposed. underground utilities or easements, or would the siting of infiltration facilities at this site result in their placement on ❑ ❑ top of underground utilities, or otherwise oriented to underground utilities, such that they would discharge to the ,utility trench, restrict access, or cause stability concerns? (If yes, attach evidence documenting this condition.) 2.2 Is there a documented concern that there is a potential on the site for soil or groundwater pollutants to ❑ ❑ be mobilized? (If yes, attach documentation of mobilization concerns.) 2.3 Are geotechnical hazards present, such as steep slopes, areas with landslide potential, soils subject to liquefaction, or would an infiltration facility need to be built less than 10 feet from a building foundation or other improvements subject to undermining by saturated soils? (If yes, attach documentation of ❑ ❑ geotechnical hazard.) Respond to Questions 2.4 through 2.9 only if the project proposes to use an infiltration device*. 2.4 Do local water district or other agency's policies or guidelines regarding the locations where infiltration may occur, the separation from seasonal high groundwater, or setbacks from potential sources of pollution prevent infiltration devices from being implemented at this site? (If yes, attach evidence ❑ documenting this condition.) 2.5 If there are highly infiltrative native soils, such as sandy soil with an infiltration rate greater than 10" per hour, is there evidence that the soils are not sufficiently protective of groundwater to allow infiltration. (If ❑ ❑ yes, attach evidence documenting this condition.) * See Glossary (Attachment 1) for definitions. 1 DRAFT October 17, 2011 Yes No 2.6 Would construction of an infiltration device require that it be located less than 100 feet away from a septic tank, underground storage tank with hazardous materials, or other potential underground source of pollution? (If yes, attach evidence documenting this claim.) 2.7 Is there a seasonal high groundwater table or mounded groundwater that would be within 10 feet of the base of an infiltration device* constructed on the site? (If yes, attach documentation of high groundwater.) 2.8 Are there land uses that pose a high threat to water quality — including but not limited to industrial and light industrial activities, high vehicular traffic (i.e., 25,000 or greater average daily traffic on a main roadway or 15,000 or more average daily traffic on any intersecting roadway), automotive repair shops, car washes, fleet storage areas, or nurseries? (If yes, attach evidence documenting this claim.) 2.9 Is there a groundwater production well within 100 feet of the location where an infiltration device would be constructed? (If yes, attach map showing the well.) 3. Results of Feasibility Determination 3.1 Based on the results of the Section 2 feasibility analysis, infiltration is (check one): ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Infeasible Feasible ❑ ❑ - If "FEASIBLE" is indicated for Item 3.1, then the amount of stormwater requiring treatment must be treated with infiltration (or rainwater harvest and use, if feasible). Infiltration facilities* may be designed for the area from which runoff must be treated. --) If "INFEASIBLE" is checked for item 3.1, then the applicant may use appropriately designed biotreatment facilities for compliance with C.3 treatment requirements. The applicant is encouraged to maximize infiltration of stormwater if site conditions allow. Name of Applicant (Print) Name of Applicant (Sign) Date * See Glossary (Attachment 1) for definitions. 2 DRAFT October 17, 2011 i Number: NCS-413416-SC Number: 1 halF,'kfn September 22, 2011 Amend First American Title Insurance Company National Commercial Services 1737 North First Street, Suite 500 San Jose, CA 95112 Brad Durga Arcadia Companies P. 0. Box 5368 San Jose, CA 95150-5368 Phone:(408)286-4440x28 Escrow Officer: Liz Zankich Phone: (408)451-7989 Owner: JMK Limited Partnership Property: . 125 South San Tomas Aquino Road, Campbell, CA PRELIMINARY REPORT OCT.0 4 2011 cPLANNING DEPT L In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. ' It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. First American Title Insurance Company Number: NCS-413416-SC Number: 2 This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. First American Title Insurance Company Number: NCS-413416-SC .i _._Number:3 Dated as of September 16, 2011 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: ALTA Standard Loan Policy - 2006 ALTA Standard Owner Policy - 2006 A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: San Tomas Partners, LLC, a California Limited Liability Company The estate or interest in the land hereinafter described or referred to covered by this Report is: Fee Simple The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. General and special taxes and assessments for the fiscal year 2011-2012, a lien not yet due or payable. 2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 3. Assessment liens, if applicable, collected with the general and special taxes, including but not limited to those disclosed by the reflection of the following on the tax roll: Community Facilities District County Library 4. The terms and provisions contained in the document entitled "Agreement" recorded June 12, 1969 in Book 8566, Page 009 of Official Records. An easement for public utilities and incidental purposes, recorded February 2, 1970 in Book 8817, Page 424 of Official Records. In Favor of: Pacific Gas and Electric Company Affects: As described therein First American Title Insurance Company Number: NCS-413416-SC Number: 4 6. A Deed of Trust to secure an original indebtedness of $11,750,000.00 recorded June 4, 1996 as Instrument No. 13316221 in Book P359, Page 1068 of Official Records. Dated: May 20, 1996 Trustor: Kirkorian Properties, a California Limited Partnership Trustee: Fidelity National Title Insurance- Company Beneficiary: Citigroup USA, Inc. Document re -recorded August 26, 1996 as Instrument No. 13419455 of Official Records. A document recorded June 15, 1998 as Instrument No. 14234810 of Official Records provides that the deed of trust or the obligation secured thereby has been modified. A document recorded May 24, 2002 as Instrument No. 16282365 of Official Records provides that the deed of trust or the obligation secured thereby has been modified. A document recorded May 9, 2005 as Instrument No. 18360676 of Official Records provides that the deed of trust or the obligation secured thereby has been modified. A document recorded December 22, 2005 as Instrument No. 18740968 of Official Records, provides that the obligation secured by the deed of trust was assumed by JMK Limited Partnership, a California limited partnership. 7. A financing statement recorded December 22, 2005 as Instrument No. 18740969 of Official Records. Debtor: JMK Limited Partnership Secured party: Citigroup USA, Inc. A continuation statement was recorded July 21, 2010 as Instrument No. 20786924 of Official Records. 8. Rights of parties in possession. First American Title Insurance Company Number: NCS-413416-SC Number: 5 INFORMATIONAL NOTES 1. Taxes for proration purposes only for the fiscal year 2010-2011. First Installment: $29,980.39, PAID Second Installment: $29,980.39, PAID Tax Rate Area: 10-003 APN: 403-02-039 (Portion of Community Facilities District included) 2.. According to the latest available equalized assessment roll in the office of the county tax assessor, there is located on the land a(n) Commercial Structure known as 125 South San Tomas Aquino Road, Campbell, California. 3. According to the public records,,there has been no conveyance of the land within a period of twenty four months prior to the date of this report, except as follows: A document recorded November 09, 2010 as Instrument No. 20953819 of Official Records. From: JMK Limited Partnership, a California Limited Partnership To: San Tomas Partners, LLC, a California Limited Liability Company 4. Should this report be used to facilitate your. transaction, we must be provided with the following prior to the issuance of the policy: A. WITH RESPECT TO'ACORPORATION: a. A certificate of good standing of recent date issued by the Secretary of State of the corporation's state of.domicile. b. A certificate copy of a resolution of the Board of Directors authorizing the contemplated transaction and designating which corporate officers shall have the power to execute on behalf of the corporation. c. Requirements which the Company may impose following its review of the above material and other information which the Company may require. B. WITH RESPECT TO A CALIFORNIA LIMITED PARTNERSHIP: a. A certified copy of the certificate of limited partnership (form LP-1) and any amendments thereto (form LP-2) to be recorded in the public records; b. A full copy of the partnership agreement and any amendments; c. Satisfactory evidence of the consent of a majority in interest of the limited partners to First American Title Insurance Company Number: NCS-413416-SC -raga` Number: 6 the contemplated transaction; d. Requirements which the Company may impose following its review of the above material and other information which the Company may require. C. WITH RESPECT TO A FOREIGN LIMITED PARTNERSHIP: a. A certified copy of the application for registration, foreign limited partnership (form LP-5) and any amendments thereto (form LP-6) to be recorded in the public records; b. A full copy of the partnership agreement and any amendment; c. Satisfactory evidence of the consent of a majority in interest of the limited partners to the contemplated transaction; d. Requirements which the Company may impose following its review of the above material and other information which the Company may require. D. WITH RESPECT TO A GENERAL PARTNERSHIP: a. A certified copy of a statement of partnership authority pursuant to Section 16303 of the California Corporation Code (form GP -I), executed by at least two partners, and a certified copy of any amendments to such statement (form GP-7), to be recorded in the public records; b. A full copy of the partnership agreement and any amendments; c. Requirements which the Company may impose following its review of the above material required herein and other information which the Company may require. E. WITH RESPECT TO A LIMITED LIABILITY COMPANY: a. A copy of its operating agreement and any amendments thereto; b. If it is a California limited liability company, a certified copy of its articles of organization (LLC-1) and any certificate of correction (LLC-11), certificate of amendment (LLC-2), or restatement of articles of organization (LLC-10) to be recorded in the public records; c. If it is a foreign limited liability company, a certified copy of its application for registration (LLC-5) to be recorded in the public records; d. With respect to any deed, deed of trust, lease, subordination agreement or other document or instrument executed by such limited liability company and presented for recordation by the Company or upon which the Company is asked to rely, such document or instrument must be executed in accordance with one of the following, as appropriate: Flrst Amencan Title Insurance Company Number: NCS-413416-SC Number:7 (i) If the limited liability company properly operates through officers appointed or elected pursuant to the terms of a written operating agreement, such documents must be executed by at least two duly elected or appointed officers, as follows: the chairman of the board, the president or any vice president, and any secretary, assistant secretary, the chief financial officer or any assistant treasurer; (ii) If the limited liability company properly operates through a manager or managers identified in the articles of organization and/or duly elected pursuant to the terms of a written operating agreement, such document must be executed by at least two such managers or by one manager if the limited liability company properly operates with the existence of only one manager. e. Requirements which the Company may impose following its review of the above material and other information which the Company may require. F. WITH RESPECT TO A TRUST: a. A certification pursuant to Section 18500.5 of the California Probate Code in a form satisfactory to the Company. b. Copies of those excerpts from the original trust documents and amendments thereto which designate the trustee and confer upon the trustee the power to act in the pending transaction. c. Other requirements which the Company may impose following its review of the material require herein and other information which the Company may require. G. WITH RESPECT TO INDIVIDUALS: a. A statement of information. The map attached, if any, may or may not be a survey of the land depicted hereon. First American Title Insurance Company expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. First American Title Insurance Company Number: NCS-413416-SC Number: 8 LEGAL DESCRIPTION Real property in the City of Campbell, County of Santa Clara, State of California, described as follows: PARCEL "B", MAP ENTITLED, "PARCEL MAP BEING A PORTION OF QUITO RANCHO",. WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON JULY 15, 1969 IN BOOK 256 OF MAPS, AT PAGES) .18. APN: 403-02-039 First American Title Insurance Company Number: NCS-413416-SC Number: 9 NOTICEI Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance company, underwritten title company, or controlled escrow company handling funds in an escrow or sub -escrow capacity, wait a specified number of days after depositing funds, before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible. If you have any questions about the effect of this new law, please contact your local First American Office for more details. NOTICEII As of January 1, 1991, if the transaction which is the subject of this report will be a sale, you as a party to the transaction, may have certain tax reporting and withholding obligations pursuant to the state law referred to below: In accordance with Sections 18662 and 18668 of the Revenue and Taxation Code, a buyer may be required to withhold an amount equal to three and one-third percent of the sales price in the case of the disposition of California real property interest by either: 1. A seller who is an individual with a last known street address outside of California or when the disbursement instructions authorize the proceeds be sent to a financial intermediary of the seller, OR 2. A corporate seller which has no permanent place of business in California. The buyer may become subject to penalty for failure to withhold an amount equal to the greater of 10 percent of the amount required to be withheld or five hundred dollars ($500). However, notwithstanding any other provision included in the California statutes referenced above, no buyer will be required to withhold any amount or be subject to penalty for failure to withhold if: 1. The sales price of the California real property conveyed does not exceed one hundred thousand dollars ($100,000), OR 2. The seller executes a written certificate, under the penalty of perjury, certifying that the seller is a resident of California, or if a corporation, has a permanent place of business in California, OR 3. The seller, who is an individual, executes a written certificate, under the penalty of perjury, that the California real property being conveyed is the seller's principal residence (as defined in Section 1034 of the Internal Revenue Code). The seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding the withholding requirement. The California statutes referenced above include provisions which authorize the Franchise Tax Board to grant reduced withholding and waivers from withholding on a case -by -case basis. The parties to this transaction should seek an attorney's, accountant's, or other tax specialist's opinion concerning the effect of this law on this transaction and should not act on any statements made or omitted by the escrow or closing officer. The Seller May Request a Waiver by Contacting: Franchise Tax Board Withhold at Source Unit P.O. Box 651 Sacramento, CA 95812-0651 (916) 845-4900 First American Title Insurance Company Number: NCS-413416-SC goy Number: 10 Privacy Policy We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fairinformation Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fairinformation Values. We currently maintain physical,, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. First American Title Insurance Company, r Number: NCS-413416-SC L Number: 11 EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notice of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof, (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or. enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part, or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) .resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable "doing business" laws of the state in which the land.is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' eights laws. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy 'and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or First American Title Insurance Company f Number: NCS-413416-SC Number: 12 created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULE This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or'right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder, (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state in which the land is situated. 5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy. SCHEDULE This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. First American Title Insurance Company r Number: NCS-413416-SC Number: 13 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy; (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable "doing business" laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the following exceptions to coverage appear in the policy. SCHEDULES This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. S. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 First American Title Insurance Company r Number: NCS-413416-SC �y� Number: 14 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULEB This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. S. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1987 EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from: Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: * land use * land division * improvements on the land * environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in items 12 and 13 of Covered Title Risks. The right to take the land by condemning it, unless: First American Title Insurance Company l r Number: NCS-413416-SC Number: 15 * a notice of exercising the right appears in the public records on the Policy Date * the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking. 3. Title Risks: * that are created, allowed, or agreed to by you * that are known to you, but not to us, on the Policy Date - unless they appeared in the public records * that result in no loss to you * that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: * to any land outside the area specifically described and referred to in Item 3 of Schedule A, or * in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. 11. EAGLE PROTECTION OWNER'S POLICY CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998 ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998 Covered Risks 14 (Subdivision Law Violation). 15 (Building Permit). 16 (Zoning) and 18 (Encroachment of boundary walls or fences) are subject to Deductible Amounts and Maximum Dollar Limits of Liability EXCLUSIONS In addition to the Exceptions in Schedule 13, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: a. building b. zoning c. land use d. improvements on the land e. land division f. environmental protection This exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning it, unless: a. a notice of exercising the right appears in the Public Records at the Policy Date; or b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8A, 22, 23, 24 or 25. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This exclusion does not limit the coverage described in Covered Risk 11 or 18. 12. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE WITH EAGLE PROTECTION ADDED EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the Land; (iii) a separation in ownership or a change in the dimensions or area of the Land or any parcel of which the Land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under insuring provisions 14, 15, 16 and 24 of this policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a First American Title Insurance Company r Number: NCS-413416-SC Number: 16 defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under insuring provisions 14, 15, 16 and 24 of this policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the Insured Claimant; (b) not known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (this paragraph (d) does not limit the coverage provided under insuring provisions 7, 8, 16, 17, 19, 20, 21, 23, 24 and 25); or (e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the Land is situated. 5. Invalidity or unenforceability of the lien of the Insured Mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured Mortgage and is based upon: (a) usury, except as provided under insuring provision 10 of this policy; or (b) any consumer credit protection or truth in lending law. 6. Taxes or assessments of any taxing or assessment authority which become a lien on the Land subsequent to Date of Policy. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (b) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (c) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 8. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided under insuring provision 7. 9. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other matters affecting title, the existence of which are Known to the Insured at: (a) The time of the advance; or (b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate of interest is greater as a result of the modification than it would have been before the modification. This exclusion does not limit the coverage provided under insuring provision 7. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Environmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the Insured Mortgage when they arise: NONE. 11. EAGLE PROTECTION OWNER'S POLICY CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 2008 ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 2008 Covered Risks 16 (Subdivision Law Violation). 18 (Building Permit). 19 (Zoning) and 21 (Encroachment of boundary walls or fences) are subject to Deductible Amounts and Maximum Dollar Limits of Liability EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building b. zoning c. land use d. improvements on the land e. land division f. environmental protection This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; FlrstAmencan Title Insurance Company Number: NCS-413416-SC Number: 17 b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21 LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: Covered Risk 16, 18, 19 and 21, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 16: 1% of Policy Amount or $5,000.00 (whichever is less) $10,000.00 Covered Risk 18: 1% of Policy Amount or $5,000.00 (whichever is less) $25,000.00 Covered Risk 19: 1% of Policy Amount or $5,000.00 (whichever is less) $25,000.00 Covered Risk 21: 1% of Policy Amount or $2,500.00 (whichever is less) $5,000.00 12. THIRD GENERATION EAGLE LOAN POLICY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (1/01/08) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or(iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b)Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth -in -lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. First American Title Insurance Company Number: NCS-413416-SC Number: 18 13. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 2006 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing - business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth -in -lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors? rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). 14. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 2006 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 13 above are used and the following exceptions to coverage appear in the policy. SCHEDULE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4• Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. First American Title Insurance Company r Number: NCS-413416-SC Number:19 15. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 2006 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection;or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk S. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risks 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors? rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. 16. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 2006 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 15 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. First American Title Insurance Company S/ VINVO=InVJ '31VAkNNn5 • St1 MONSTAD • SdWO SI AVAOVW snrrra LQV S/yc'll.V'q lFSWli'A�'! RJNlt *F.2V S/Sa N Ln m O 00 S S A M p R Q, C 9 First American Title Company lap �n CEO, ti,v z Detail "A" See Detail "A" Tax ID: 403-02-039 Short Legal: Parcel B Parce Map Bk256 Pg18 Reference No.: 413416 County: Santa Clara N W E S Plotted Easements Legend PIQ 02/02/1970 Bk8817 Pg424 (Public Utilities) This map may or may not be a survey of the land depicted hereon. Map Not You should not rely upon it for any purpose other than orientation to the general location of the parcel or parcels depicted. First To Scale American Title expressly disclaims any liability for alleged loss or damage which may result from reliance upon this map. g _2 s F 1.5 n2 g c 3 �v 1 3 y1 I WA 77 R V d w, yam' lwaata ur "� 3 3 ey¢x lrE :yn rqrq � TIILIDIY PR m 3� F VAMIC VA:mE(31LT _ Twu VICINITY MAP tm GENERALNOTES 1. EXISTING USE: 2. PROPOSED USE: 3. OWNER: 4. GENERAL PLAN LAND USE DESIGNATION: C-1 NEIGHBORHOOD COMMERCIAL P-D PLANNED DEVELOPMENT SAN TOMAS PARTNERS LLC 1630 W CAMPBELL AVE CAMPBELL CA 95008 NEIGHBORHOOD COMMERCIAL/ LOW -MEDIUM DENSITY RESIDENTIAL (6-13 UNITS/GR.ACRE). 5. EXISTING WELLS: NONE 6. FLOOD: ZONE X / PANEL # 06085C 0236H FLOOD ZONE "X" IS DESCRIBED AS AREAS OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN. 7. EXISTING USE OF ADJACENT PROPERTIES: NORTH: COMMERCIAL SOUTH: SCHOOL EAST: RESIDENTIAL WEST: RESIDENTIAL 8. WATER: SAN JOSE WATER CO. 9. FIRE PROTECTION: CENTERAL FIRE DISTRICT 10. SANITARY SEWER: WEST VALLEY SANITATION DISTRICT 11. STORM WATER: CITY OF CAMPBELL 12. POWER AND GAS: PACIFIC GAS AND ELECTRIC COMPANY 13. TELEPHONE: AT&T 14. AREA TO BE SUBDIVIDED: 115,439 SQ.FT. 2.72 AC. (GROSS) 88,450 SQ.FT. 2.03 AC. (NET) TO BE DIVIDED INTO 25 LOTS AND 2 COMMON LOTS. 15. STREET TREES: STREET TREES WILL BE PLANTED IN THE PARK STRIP ALONG SOUTH SAN TOMAS AQUINO ROAD AND BUCKNALL ROAD. 16. NEW EASEMENTS FOR PRIVATE STORM, SANITARY SEWER AND WATER SYSTEMS SHALL BE DESIGNATED ON THE FINAL MAP. 17. CONTOUR ELEVATIONS: NGVD 29 U.S. FEET 18. ALL DIMENSIONS ARE APPROXIMATE. 19. TITLE REPORT -REFERENCE: THE MONUMENT LINE OF BUCKNALL ROAD TAKEN AS NORTH 88'29'00" EAST BETWEEN THE MONUMENT AT WHM'IOOD LANE AND THE MONUMENT AT SAN TOMAS AQUINO ROAD PER THE PARCEL MAP "BEING A PORTION OF THE QUITO RANCHO" FILED IN BOOK 256 OF MAPS PAGE 18 IN THE OFFICE OF THE COUNTY RECORDER ON JULY 15, 1969. 20. BENCHMARK: FOUND CITY OF CAMPBELL BRASS DISK ON TC ® NE RETURN OF SAN TOMAS AQUINO AND CAMPBELL AVE ON CAMPBELL SIDE. ELEV: 219.01 21. BASIS OF BEARINGS: THE MONUMENT LINE OF BUCKNALL ROAD TAKEN AS NORTH 88*29'00" EAST BETWEEN THE MONUMENT AT WHITWOOD LANE AND THE MONUMENT AT SAN TOMAS AQUINO ROAD PER THE PARCEL MAP "BEING A PORTION OF THE QUITO RANCHO" FILED IN BOOK 256 OF MAPS PAGE 18 IN THE OFFICE OF THE COUNTY RECORDER ON JULY 15. 1969, Wes. o� pl N N v? � w Z - m^ I n 0 I � m� � - -- - 'U. vSM1t�cAa ( JESTING TENTATIVE MAP C ��� =�oWEM PROJeCT SAN TOMAS AQUINO �p�rob��� 20 10 0 10 20 40 O Co1T1T'IzLlniiy 00}leB.^,rrtl GRAPHIC SCALE 1"=20' ❑ Plan irg Commission WITHIN THE CITY OF CAMPBELL N>PmvaI®ate G ,co, / Ordinalm 0- 11 tfg? It \uthotimd by: --- N N N01'31'00"W 426.46' (426.45') (1) W I 30' in, O 45.6, - - - - - - - 381.3' g I o LOT A rn 1 33.652 Sq Ft 1`1 Q=0 1,870 Sq Ft o I 0.77 Ac, n m co 0.04 Ac. v I IEE_EAE, PSSE, PSDE. PSE EX. Z - - - - - - PR - - - - I IVATE STREET PG&E EASEMENT E REMOVED N0131'00"W 281.7 NOt'31'00 V1 41.0' T14.4' 41.0' 1 41.6 SYE 1 4 I 4 I I SYE ii 5�25 I I 19 ia- in 20 i I 21 i i" 22 MI ih 23 �1 i 24 MI rN 1,976 Sq Ft 2 o I -- 1,918 Ft rn la 1,783 S Ft 'cNi la 1,783 Sq Ft NI I� Sq �ha 1' 1,793 Sq Ft ci 1.783 Sq Ft a1 d �+ Sq iv I I 1,783 Ft al I- I1O 0.05 Aa 1,824 Sq Ft `� a mFm 0.04 Ac. 111 0.04 Ac, nl O.D4 Ac. ml 0.04 Ac. o 0.04 Aa I"' 0.04 Ac. I 0.04 Ac la1 lL w 'nln L �? L L yQ,T J J li �N i$ a W M� ------r---- --------- z ------- -----T---- - -- - 45.6_ o w w o 45.0 41.Or-_--- _ _ 41.Or _ - 41.0' 5.1 -41 0• - - 41.0 - - 46.3 - - L----- o NI¢ r 45.2' 41.0 46.1' N0131'00"W 35.6' N0131'00"W 31'SYE -------- ----- -- - --------- -- -- -- °' w l Im a QI o z wl fM ui l 4 a ui F to Q N� 3 0l W 18 is 17 4-I - 16 o a I LOT B WI 15 i i" 14 ip 13 ro a Ip 1.824 Sq Ft SYE I Iw 2.053 Sq Ft v I 2�0 06 AaFt of 2,054 S Ft N 2.026 Ft V a0 1,870 Sq Ft I 1.918 Sq Ft y f.. q o Z 0.04 Ac. i31.9 0.04 Ac 0.04 Ac. rn Z Q NI IP 1,824 Sq Ft IP Sq In IN 0.05 Ac. kJ W 0.05 Ac. ,oI 0'04 Ac. 0.05 Ac. P I v IM1 a w m I 4 20.6' 1 - 41.0' - I - -41.0' a w - 55.2 ZI 41.0' i S 41.0, 30.8' Q ` 27'SYE I `}- Rol '3100"W 271.2' - - - - - - UZI 3030' -� - IEE, E_AE, PSSE, PSDE. PSE _ o _ - - - - IEE, EA_E, PSSE, PSDE, PSE o _ I t 4 PRIVATE STREET PRIVATE STREET I 1,870 Sq Ft <I _` I 0.04 Ac. I L ----J I -- NTI_3355�1a3� S• 1N,� 1 y T_- N0131'00"W 149' 45.6; .041.0' - - 4L0' 45.I YE 4'- I 45.0' NOt'fiWo I24W 6° 4' SYE 27*SYE I SYE .1 1 N 6 7 I H� 8 >nik' 9'I 10 I I SYE 11 N I 2,130 S Ft 2.185 Ft w< I Lr 1 5 q Sq 2,306 Sq Ft a > 0 2,326 Sq Ft m I 2.259 Sq Ft w 0.05 Ac. 1 0.05 Ac. I ¢ I I I I I ( v N 1.1 2,665 Sq Ft 0.05 Ac. I, I n 0.05 Ac. vT 0.05 Aa m n 0.06 Ac. 3.311 Sq Ft o J L$ W I 1L4 N) 0.08 Ac. tj m w I L1 2.03 Z 21.64 23.9' _ 45.6 2ep�p' �00"E 224Z 46.3 � 46.3' e3-7 p0o N0'09' 25.97.01 224.00') (1) 3 N00'09'00"E SOp�3?" 22 6 2 23.6T N I� in 0 SOUTH SAN TOMAS AQUINO ROAD D E 461.20 TABLE OF CONTENTS C1.0 VESTING TENTATIVE MAP C2.0 CONCEPTUAL GRADING AND DRAINAGE PLAN C2.1 SITE SECTION AND DETAILS PLAN SET REVISIONS C3.0 CONCEPTUAL STORM WATER CONTROL PLAN C4.0 CONCEPTUAL INFILTRATION TRENCH DETAILS Date Description C5.0 CONCEPTUAL ECORAIN DETAILS 10-03-2011 INITIAL SUBMITTAL C6.0 CONCEPTUAL UTILITY PLAN 01-27-2012 2ND SUBMITTAL 03-09-2012 3RD SUBMITTAL C7.0 CONCEPTUAL DEMOLITION PLAN C8.0 CONSTRUCTION STAGING AND PHASING PLAN C9.0 EMERGENCY VEHICLE ACCESS PLAN LEGEND (SHEET C1 ONLY) - - - - LOT LINE - CENTER UNE - - - - - - - - - EASEMENT LINE PSE PUBLIC SERVICE EASEMENT EAE EMERGENCY VEHICLE ACCESS EASEMENT PSDE PRIVATE STORM DRAIN EASEMENT PSSE PRIVATE SANITARY SERER EASEMENT IEE PRIVATE INGRESS AND EGRESS EASEMENT SYE SIDE YARD EASEMENT TYP. TYPICAL ( ) RECORD DATA c; N a 0 1 o s o !s. 39.0' ��a mI� ~ tC72 Q^•w c 74 O pn N o N I ^I U rS .TI w �w rn V w I ai > u1 40.2' N aw I 10 w M Im I - F - - Z Q I 45.0' O r4 I 12 a. o I 3,040 Sq Ft I ,7z1 Q 0.07 Aa ,D Z c m a -1> d PG&E EASEMENT E-1 u) TO BE REMOVED Q 10.00 0Z GW O _ _46.2, of ? EW-' E 7 N00'09'00"E - 69.82' ' z � U _ I CQ W -4 NOTE: _ ADDITIONAL PSE WILL BE GRANTED p',t•; �e ACROSS INDIVIDUAL LOTS ONCE e ' PUBLIC UTILITIES ARE FINALIZED SCALE: 1 "=20' NOT FOR CONSTRUCTION SHEET: C1.0 GENERAL NOTES 1. SEE SHEET C3.0FOR STORMWATERTREATMENTAND PERVIOUS/LMPERVIOUS AREA TABULATIONS. -� a 2. SEE SHEET C6.0 FOR NEW AND EXISITING UTILITIES. 3.OUTSIDE GRADE: S" BELOW FETISH FLOOR AT LANDSCAPE AREA. 0.5" AT CONCRETE PATIO 2.2't AT PUBLIC STREET FRONTAGE 4. SEE LANDSCAPE PLANS FOR PAVEMENT MATERIAL. y 5. SEE LANDSCAPE PLANS FOR SIDE YARD GRADING. LEGEND (SHEET C2 ONLY) --- LOT LINE ° — — CENTER LINE - — — — — — — — - GRADE BREAK ® } POROUS PAVEMENT O ® ECORAIN UNDERGROUND INFILTRATION , FACIUTY. SEE SHEET CS ® SIDEWALK SIDEWALK =.,., EXISTING GRADE �•r� / EXISTING CONTOUR ABBREVIATIONS xi n n � TC TOP OF CURB y a FF FINISH FLOOR OF GRAGE FINISH FLOOR OSG OUTSIDE GRADE AD AREA DRAIN G GRADE GB GRADE BREAK LP LOW POINT HP HIGH POINT P PAVEMENT _ PORS POROUS PAVEMENT AM-- LANDSCAPE RELEASE OVERLAND RELEASE u 20 10 0 10 20 40 GRAPHIC SCALE 1"=20' TRA NO. 128 -� D •��`_ I � . w of ��� � .ei � �� � + 1'r a 9�9 )_ V ( � I P ��I� s I �. 4�. RE�— �tvyz II 32 - •,y y CS I ' m I �..r —i� .• - ��:-t�—=-�h � - � MIR IE Cj — t:�::���1 . , _-��►a��M�Q�i■l�F�""'�.�■�__�='��nTrl�+t�s�l.■���3�12---���'��� �� � �---��C-. ■ ra. �l I�ii ram., Do r i I '' / ' � N� iiii � �i • yy55�� r_ ����I�■■■■�l ijH]■-11��111�■�■��I©f��■�: �0���■■�Ir�,� ��r c w • •e — • • • • -• • • (7) T_ 39 {6 WA KINhlM BNILBINB I SETHALK SAN TOMAS AQUINO ROAD I AC' I pARKSTRLP S[OEV TYPICAL SECTION SCALE: N.T.S. 104II MINI 1 0,00' Q00' 0.0 A' BUlW10 SEETBAT.A N CK BUCKNALL ROAD AC ARKSTRIP SIBE�A�L L 0 7 9 0.' B TYPICAL SECTION SCALE N.T.& C TYPICAL SECTION SCALE N.T.S. ID TYPICAL SECTION SCALE N.T.S. 8' ' FRONT YARD I � N p� J:j.:25' WALKWAY GRADE in (1 N o E SELF RETAINING AREA SECTION SOA18f N,TS FINSHED FLOOR ELEVATION SAMPLE SELF RETAINING LOT GRADING DETAIL N O N G O � � I m V I I 0 I o a �o z A d ~ a A � W HH zz z w o� ~x W E--4o o� c U z Lo W N 9S 1d SCALE: N.T.S NOT FOR CONSTRUCTION SHEET: C2.1 ROOF �.;.;.� SIDEWALK LANDSCAPE ® A ♦1 PERVIOUS a NOTES: C21 1. LOT FRONTAGE COMPLIES WITH I SELF RETAINING AREA REQUIREMENTS: THE FINAL CONSTRUCTED PERVIOUS AREA WILL BE 50% OR GREATER THAN THE IMPERVIOUS AREA THAT DRAINS TO IT. ' 2. SIDE YARD PERVIOUS AREA WAS NOT INCLUDED IN THIS CALCULATION. H TYPICAL SELF SF - o DRAINAGE DRAINAGE AREA 1 AREA 2 Illllllllllr IIIIIIIIIIIIII• Is RETAINING AREA DETA 1'=10, SELF RETAINING AREA TABLE Lot # IMPERVIOUS AREA (sf) PERVIOUS AREA (sf) PERVIOUSIIMPERVIOUS IS RATIO 50% OR GREATER? 1 571 332 58% yes ' 2 571 291 51% yes 3 600 301 50% yes 4 597 310 52% yes S 568 315 559/o yes ' 6 597 382 64% yes 7 693 354 51% yes 8 726 455 63% yes 9 697 420 60% yes 10 729 388 53% yes 11 729 555 761/6 yes 12 709 546 77% yes ' NOTE FINAL SELF RETAINING AREA WILL BE NO LESS THAN 60% PERVIOUS VS IMPERVIOUS. _ QACiviRO9078A1Calcs%Self Retaining Area Calcs.xfs PERVIOUS AND IMPERVIOUS SURFACES COMPARISON TABLE PERVIOUS AND IMPERVIOUS SURFACES COMPARISON TABLE Tobl Sib (acres): 2.03 DArea of Sib 2.03 jsfu Disturbed (accost: Impomious Surfacca Existing condition of Site Area Disturbed (Square Feel) Proposed conditlon of Sib Ama Disturbod (Squaro Feet) Replaced (1) Now (2) RoofAma(s) 32.285 2a,446 0 Packing 43.861 4.149 0 Side-% Patios, Paths. Olnewoys, etc. O O 7,S37 Sheets (Pub4c) 0 0 0 Street (Pmrfo) 0 0 24,547 Total lmpomlous Surface: 76,146 32,595 32.484 Landscaped Areas IZ305 12,305 II,C67 Pe,Jm PNng o 0 0 01her Penbus Surfaces (Green Roof, etc.) O 0 0 Total Pam.us Surfaco: 12,305 12,365 11,�7 (3)Total Pro posed Replaced+Now lmponlous Surf.- 65,079 (4)Tctai Proposed Replaced+Now Pem[ous Surface 23.372 (1)R.9—d iap7r V,,-i—S f—Mft—ae surfaroaeeeea to."aread o.a4e la—oprar' ymtsng a,pecrana (2) Rspwad 14ra hporvoua Swfacn:Al rtparbke sudaer. mrd m arry are. U eye sae ttntwu a pcwony ®s�j areas audau (3)-(4). Taml sea Area Q%0,t02W8A%C3.T9 jv.v, hpavbus Suraro Cba{4<b-2011.12.21 Verb z "1 0 20 10 0 10 20 40 GRAPHIC SCALE 1"=20' GENERAL NOTES: s 1. SOIL TYPES CONSIST OF STIFF TO VERY STIFF CLAY ' OVER INTERBEDDED LAYERS OF MEDIUM DENSE TO DENSE CLAYEY SAND WITH GRAVEL TO A DEPTH OF 25 FEET. 2. DEPTH TO GROUNDWATER = 50 FEET d 3. THE SITE IS IN FLOOD ZONE (X) AN AREA DETERMINED z TO BE OUTSIDE THE 0.27.. CHANCE ANNUAL FLOODPLAIN. 4. ALL DOWNSPOUTS WILL BE DISCONNECTED FOR OVERLAND FLOW TO A SELF RETAINING AREA OR PIPED TO A TREATMENT FACILITY, n S. ALL BEST MANAGEMENT PRACTICES WALL TREAT 1D0% o j OF 85th PERCENTILE FLOW. c •• mr 6. STORMWATER TREATMENT CALCULATIONS DO NOT t o m $ ACCOUNT FOR ALLOWABLE CREDITS AGAINST .. IMPERVIOUS AREAS FOR NEW TREES BEING PLANTED 0 o 2 ' THROUGHOUT THE SITE. 00 I .- 7. CORNERSTONE EARTH GROUP HAS CONDUCTED FIELD V AND LABORATORY WATER INFILTRATION TESTING FOR THE SITE. THE RESULTS ARE PROVIDED IN � go 4 S THEDECEMBER 9, 2011 LETTER REPORT, TITLED ' `GEOTECHNICAL CONSULTATION, INFILTRATION TLnNC & STORM WATER INFILTRATIOMI ACCORDING TO THE INVESTIGATION, THE INFILTRATION RATES ARE: AR7 A. 3 IN/HR IN THE NORTHERLY TW70—THIRDS OF VX THE SITE B. X IN/DAY IN THE SOUTHERLY TWO—THIRDS o. s g OF THE SITE _ S REFER TO DETAILS F1 AND F2 ON SHEET C4.0 FOR '9 TYPICAL INFILTRATION TRENCH ON THESE TWO PORTIONS OF THE SITE. LEGEND SD STORM DRAIN (ROOF LEADERS) CATCH BASIN/JUNCTION BOX • AREA DRAIN JUNCTION BOX I 4— OVERLAND RELEASE POROUS PAVEMENT WITH -•�-� INFILTRATION TRENCH: Q4 Q SEE SHEET C4 a Qi ECORAIN UNDERGROUND i ® INFILTRATION FACILITY. SEE SHEET CS F O ROOF WATER LEADER oSPLASH BLOCK U z Cr STORMWATER TREATMENT a METHOD SUMMARY F Treatment l3', z location Area (sf) Area (ae) Treatment Type O z W CE 1 11,269 0.26 Self Retaining 2 4,262 0.10 Infiltration-ECORain �•a Y- 3 2,353 0.05 Infiltration-EcoRain .-1 '*y U 4 33,139 0.76 nfiltration-Trench 0 5 26,862 0.62 Infiltration-EcoRain ED �+ -PLI O 6 3,333 0.08 Infiltration-ECORain Cl) ( ) 7 7,209 0.17 Self Retaining z U to W Total: 88.427 Z03 z� Q:1CiuiIW9078&Cales1P0-C3-TYPESJds O .--I U z z O e4. 51to5m • o. c� SCALE: 1 "=20' NOT FOR CONSTRUCTION SHEET: C3.0 ❑E HYDRODYN =,i IIC PRE-TREATMENT \) F1 INFILTRATION TRENCH FC)INFILTRATION TREK-,---- 036'00' EOLTED & W9tETED CASs IRON ACCESS COIF, STANDARD. ALTERNATE COVERS A CRATED INLET OPTIONS AVA.'E, SEE NOTE 1. �1 AkW �► INLET, - OUTLET, 012.OD' UAL 612.00' MLX. SEE�NEOTEE 1. SEE NOTE 1. 036.00' BOLTED & GASRETED UST IRON ACCESS COVER, SAN04RD. ALTERTATE CPlERS &GRATED INLET 'OPTIONS AVAII' SEE "DIE 3, UPPER R6ER CONCRETE '. AS REQUIRED. REOURED. UIRED. BY DOERS. 2.50' IJ SEE nrotE 2. merLIUMuuM SEE NOTE 3. MIOOLE IT ER 1VITH INTERNALS D1sruIED. INLET - INLET. CaHPOtIn OUTLET_ 012.00' MAX. 012.00 MAX. PIPE S12E. FlPE SIZE. SEE NOTE 1. SEL NOTE$ 1. 6.00' MPIICUM 4.00' WNWIJU 03.00' (36.001 WALL TKICKNESS INTERNAL COMPONENTS. NOTES: 1. STANDARD INLET/OUTLET PIPE CONFIGURATION TO ENTER & EXIT SEPARATOR AT IPA'. CUSTOM ANGLED CONFIGURATIONS AVAILABLE UPON REQUEST, SPECIFIC MAXIMUM ANGLES & PIPE SIZES APPLY. CONTACT KRISTAR ENTERPRISES FOR ENGINEERING DETAILS. 2. BOLTED & GASKETED MANHOLE ACCESS COVER ELEVATION MAY BE ADJUSTED TO GRADE. FIELD POURED CONCRETE COLLAR AS REQUIRED. BY OTHERS. INLET GRATES & ALTERCATE COVER OPTIONS AVAILABLE. 3. FOR DEPTHS LESS THAN THE MINIMUM SHOWN CONTACT KRISTAR ENTERPRISES FOR ENCINEERING DESIGN ASSISTANCE. 4. CONCRETE COMPONENTS SHALL BE MANUFACTURED IN ACCORDANCE WITH ASTM DESIGNATION C47B. 5. REMOVABLE INTERNAL COMPONENTS MAY BE'AVA.-ABLE TO FACILITATE MAJNTENANCE. SE DRAWING DVS-R-0001 OR CONTACT KRISTAR ENTERPRISES FOR DEALS. TITLE d DUAL -VORTEX ,�,�„� KriStar Enterprises, Inc. HYDRODYNAMIC SEPARATOR 360 Sutton PLxe, Santa Ira CA 9s107 CIRCULAR �` 6STRUCTURE Ph: 800.579.8619, Fax:707,524.818O.—JuL^tar.Iaxn DV` C �EV$36C NR OON NEW 4/25/11 JPR 4/25/11 SHM I CF I STANDARD PAVEMENT 4' NOTE, & BASE ROCK POROUS PAVEMENT POROUS PAVEMENT TO ADHERE TO FIRE DEPARTMENT LOADING REQUIREMENTS. cD o LARGE SINGLE z o SIZE CRUSHED) zQ�ofw STO FF� FydL(n m I'i1 in 8" PERFORATED PIPE HOLES DOWN AW.4.wW Z _ *DEPTH OF BORING TO BE J in M < o � � a DETERMINED IN FIELD BY SOILS fO m � � 3 m g p Er ENGINEER 70 EXTEND INTO U UJ L) K I J CLAYEY SANDS ( ESTIMATED IS g NC)o N z BELOW EXISTING GROUND) N ~ Q i DRILLED HOLE ® 15't ON CENTER FILLED WITH LARGE SINGLE SIZE o CRUSHED STONE WITH 40% VOIDS. 24" PERFORATED PAVEMENT TRENCH TYPICAL SECTION (SOUTH 1/3 OF SITE) NTS HYDRODYNAMIC PRE-TREATMENT MAINTENANCE INFORMATION THE TABLE BELOW LISTS TYPICAL INSPECTION AND MAINTENANCE REQUIREMENTS. MAINTENANCE ACTIVITIES —HYDRODYNAMIC SEPARATORS SUGGESTED FREQUENCY • INSPECT AT LEAST TWICE A YEAR TYPICALLY PRIOR TO SEMI—ANNUAL AND FOLLOWING THE RAINY SEASON. SOME INSTALLATIONS WILL REQUIRE MORE FREQUENT SERVICE DEPENDING ON THE POLLUTANT LOADING AND INTERFERENCE FROM DEBRIS AND LITTER. • USE AN INDUSTRIAL VACUUM WITH AN EXTENSION TO SEMI—ANNUAL REMOVE COLLECTED FLOATING DEBRIS AND HYDROCARBONS FROM SURFACE • USE AN INDUSTRIAL VACUUM WITH AN EXTENSION TO AS NEEDED (INFREQUENT) REMOVE SEDIMENT FROM THE BOTTOM OF THE TANK THROUGH SEPARATOR TUBES, OR; DISASSEMBLE AND REMOVE THE SEPARATOR MODULE FROM THE TANK THROUGH THE MANHOLE. VACUUM SEDIMENT AND DEBRIS FROM THE BOTTOM OF TANK. ONCE THE TANK HAS BEEN CLEANED, THE SEPARATOR MODULE SHOULD BE REASSEMBLED INSIDE THE TANK AND SET IN PLACE ON THE INSTALLED ANCHOR BRACKETS. HYDRODYNAMIC SEPARATORS SHOULD BE SERVICED ON A RECURRING BASIS. ULTIMATELY, THE FREQUENCY DEPENDS ON THE AMOUNT OF RUNOFF, POLLUTANT LOADING AND INTERFERENCE FROM DEBRIS AND LITTER; HOWEVER, IT IS RECOMMENDED THAT EACH INSTALLATION BE SERVICED AT LEAST TWO TIMES,PER YEAR. STANDARD PAVEMENT & BASE ROCK � w Z Z to UJ 5 NOTE: POROUS PAVEMENT TO ADHERE TO FIRE DEPARTMENT LOADING REQUIREMENTS. 8" PERFORATED PIPE HOLES DOWN *DEPTH OF TRENCH TO BE DETERMINED INFIELD BY SOILS ENGINEER TO EXTEND INTO HIGHER PERMEABILITY SOIL STRATA. (ESTIMATED 5' BELOW EXISTING GROUND) PERFORATED PAVEMENT TRENCH TYPICAL SECTION (NORTH 1/3 OF SITE) NTS INFILTRATION TRENCH SIZING CALCULATIONS Volume Rased calculation (URQM Approach) PriLete Drive Step 1 Drainage Area 0.760766758 ac Step2a impervsurface 0.581841139 ac Step 2b watershed imper ratio () 0.896255168 % imper area = VI DO 89.62551676 % Step 3 watershed runoff coefficient (Cw) Cw=.858i^3-0.78i12+0.774i+0.04 Cw= 0.724854997 Step 4 Mean annual Precip @ Site 18 inches Step 5 Closest Rain Gage (San Jose Airport) MAP,gage 13.9 in Mean Storm Event Precip (p6) 0.512 in Step 6 Mean Storm Even @ site P6 site = P6 gage'MAP site/MAP gage P6 site= 0.663021583 in Step 7 "a" regresion constant (24 hr drain) a= 1.582 Step 8 maximized detention stcrage volume Po Po=(Step 7•Step3)•(Step 6) Po= 6.760300511 in Step 9 Volume of runoff to be treated from drainage basin Design Volume = PO"A=(step 8)'Step 1)'1ft/12in Design Volume = 0.048200946 acre-feet 2099.63322 CF @ 40°/u Void ratio = 5249.08305 CF Use: 5250 CF Trench Depth of Rock Calculations: (W idth)t(Length)x(Depth)--Vclume Depth=(5250CFYI(4)x(85001=1.54' Use' 1.6' Qi1CiVI109076=aIcsNInfiltration Calcs.xls a s =§ E1Cn a, n w V 1� I d' I � A A C:) I x � I 00 wzo �xZ E'F C' Z N O Cn z HO F' Ei �zz zc x ►E-- O C) FT U) U a Z U � W Z� O U SCALE: 1 "=20' NOT FOR .CONSTRUCTION SHEET: C4.0 OG ECORAIN TI,,.gK DETAIL 1 2" MAX. PIPE 51ZE Tyl�� �CWUTAWAY VIEW CLEANOUT ACCESS 1 TYPICAL 60m SIDES! RE ER TO ICOLEANOUT PLATE ELEVATION ADOVE r �,.�t-► -'`fey,.. •�� )`I� _• � rff r �� r:a. ,►'lf�.,•�{ 1 Fyn t ��•.� j_ 1 11 1 i PIPE 6• DIAFhETER A140 LARGER 00 NOT CUT HOLE N TANK CUT Y. THROUGH GEOTEXTILE AND IMPEP,MEABlE MEMBRANE IF INCLUDED THEN APPLY BOOT COLLAR TO 5ECURE FABRIC AND PREVENT SAND, SOIL OR DEBR15 fROM ENTERING THE SYSTEM, SEE FRONT ELEVATION BELOW NOTE;_ SEE SPECIRCAPON5 AND PLANS FOR ADDITIONAL INFORMATION FOR ADDITIONAL INPORMATION H ECORAIN TANK WITH CLEANOUT A G" TO 12' "VIDE 51DE DACKFILL UND15TURBED CLEAN SAND OR GRAVEL. NO SHARP EARTH EDGES OR OWECTS AND NO DLERis )ISMOB TANK LENGTH pRPCTION RUNS V4TT1 W�25 51DE ELEVATION ''l$,y--.�-,� I IMPORTANT - ALLWATER ENTERING THE 1145TALL ONE LAYER ECORAIN ER-401 2•--J/// ECORAIN TANK SYfEM MUST BE DRAINAGE CELL AGAINST ECORAIN TANK FILTERED UMER THROUGH 501L OR FACE. MODIFY SECOND ECORAIN ER-401 FILTER DO NOT CONNECT PIPE %'M 2• DRAINAGE CELL FOR PIPE DIAME1 \ UNFILTERED WATER DIRECTLY IN TO AND INSTALL AGAINST FIRST DRAINAGE ECORAIN TANK SYSTEM. CELL AND INSERT PIPE PIPE BOCOLLAR ............... GEOTOT9.E FRONT ELEVATION CONCEPT LARGE AND SMALL DIAMETER PIPE CONNECTION5 $ INSPECTION POKT5 N.T.S. FINISH GRADE 12'-24. 5VITA15LE FILL: SIDE BACKPII 6'- 12• SEE ENGINEER DETAIL CLEMI SANDORGRAVEL, '-::, .':.•r;�_:L;:a;r..a"u�::`";:,,' COMPACTED IN& LIFTS �:';rp}-L?. L )ULE ORIENTATION m TOP OF BED DETAIL,• NT5 -1_1--tom CON5TTRVCTTON NOTES: a rae ,fed user s.m �.,wvcr,ac ux d r,°.y ey,.�ne,a tnc nnmt Eros, w tm re,. - B. NaA eYro d me Tank t,cd d,caq aM akm corotructaa„ m prnue Frsy q�[ from cross 7 w T,nk hee srca. _ D. seatt= na v..n.+mI, a<rm xe ro PROJECT NOTES: D. e_ P N.yx-6vr,at 4e.+ ermm dut v:10 vPo w CeG dn� eweoucM� 3et pde n ae m tot x <unF,ctcd to 959s .°da�ro Proeta. �eced aIw rw+g_a . r. ra matoW 'AA Ix 1- w 'a eRedM1o[,an, Win raalyd av"ih9greNta hce d 1.34' - t+"Pa, debn or awr ,harp mkeruS a,d eaa t ECORAINTANK c. WrccortericasowTa 1_'r'waG"maaeo 12•o oaWF,,c�Seeet. DETAILr NT5 n. Rue m,+J,cnvers s,a,ntw aw ase --t d arxnt to e,v..ra toper mswce,., 4 ECORAIN TANK DETAIL S ECORAIN TANK DETAIL N.T.S. N.T.S. ECORAINT"L TANKS DINIENSION CHART Tank (Units) Nidda (mm1 Width (itches) Width (feet) Letsgeh (msail Lengds Cmches) length (feet) Height (rum) Height (inches) Height (feet) Half (k1) 408 16.06 1.34 685 26.97 2.25 241.3 9.50 0.79 'Single (1) 468 16.06 134 685 26.97 2.25 450.0 17.72 10.48 Double (2) 408 16.06 1.34 685 26.97 2.25 880.0 34.65 2.89 Triple (3) .408 16.06 1,34 685 26.97 L25 1,310.0 51S7 4,30 Quad (4) 408 16.06 1.34 685 26.97 1 2.25 1.740.0 68.50 1 5.71 Pcut (5) 40$ 16.06 1.34 1 685 26.97 1 L25 L170.0 85.43 1 7.12 Tank (Units) Tank Volume Cubic Feet Tank Volume Gallo- Water Storage Volume Cubic Feet Water Storage Volume Gallons H.ilf 01) 2.38 17.82 2.26 16.91 Single (1) 4.44 33,22 4.22 3156 Double (2) 8.69 64.97 8.25 61.72 Triple (3) 12.93 96,72 12.28 91.88 tad (4) 17.17 1Z8.47 16.31 122.03 Pent (5) 21.42 160.21 2035 152.19 Consrrsioas I cubic toot 7.4805 L95 g-t1.W I cubic meter • 35.31 cubic feet - 264.2 gallons - .0008107 acre feet 1 liter - 0.2641721 gallon I meter - 3.28034 feet 1 millimeter - 0.0393701 inch 1 square enctes- 10-7639104 square feet 6 ECORAIN TANK DIMENSION CHART N.T.S. COMPACTED 13ACKPILL 4;'-127 CLEAN 5AND OR GRAVEL FREE FROM LUMPS 4 DEBR15 NON -WOVEN POLYPROPYLENE GEOTFXTtLE (6 or MIN.) SEE DETAIL FOR ECORAIN TANK MODEL ER-SCO.505 �- 2' FINE SAND. COMPACTED 4 LEVELED PREPARED SOIL SUDGP.ADE BA5E OF EXCAVATION GRADED LEVEL. FREE FROM LUMPS 4 DE&R15, COMPACTED TO 35 pv ECO RAIN MAINTENANCE ECORAIN TANKS REQUIRE PRE-TREATMENT OF ALL WATER THAT FLOWS INTO THE SYSTEM AND THEREFORE HAS VIRTUALLY NO MAINTENANCE. CLEAN OUT ACCESS IS PROVIDED TO INSPECT THE INSTALLATION. A VACUUM TRUCK ALONG WITH A HIGH PRESSURE WATER SOURCE CAN REMOVE ANY ACCUMULATED SEDIMENT. Top View ECO RAIN SIZING CALCULATIONS Volume based calculation: Urban Runoff Quality Management Approach (URQM) Roof and Flab'iork: Areas 2, 3, 5 & 6 Step 1 Drainage Area 0.85 aC Step2a impervsurface 0.66 ae Step 2b watershed imper ratio () 0.776471 % imper area =11100 77.64706 % Step 3 Watershed runoff coefficient (Cw) Cw=.858i^3-0.78ir2+0.774i+0.04 Cv-- 0.572385 Step 4 Mean annual Precip @ Site 18 inches Step 5 Closest Rain Gage (San Jose Airport) MAP gage 13.9 in Mean Storm Event Precip (pG) 0.512 in Step 6 Mean Storm Even Q site P6 site = P6 gage'MAP shellMAP gage P6 site= 0.663022 in Step 7 -a- regresion constant (24 hr dram) a= 1.582 Step 8 maximized detention storage volume Po Po=(Step 7•Step3)'(Step 6) Po= 0.600374 in Step 9 Volume of runoff to be treated from drainage basin Design Volume = PeA=(step 8)'Step 1)•tftfl2)n Design volume = 0.042527 acre feet 1852.455 CF For Eco Rain: @ 97% void ratio = 1909.747 CF Use: 2000 CF OACMR09078AtCalesllnfiltration Caics.xis ECORAIN TANK SIZING N.T.S. C C) Front View 51de View 3 ECORAIN ER-503 TANK VIEW N.T.S. EcoRain- Tanks Assemble f •i :. '" a`: f In Six Sizes - Y.' ER -Soo Half Tank ER -sot Single Tank ER-502 Double Tank ER-5o3 Triple Tank ER-504 Quad Tank ER-505 Pent Tank �, y t1 I n L City of Los Angeles Approved Research Report A5654 ECORain Pmduars and Syarantr are ftrldrilr* Patont PenrGng S Ocalgn Rogelemd Gnu/atrn:=a�.t�.wc«sJ.:nq:a.axMrir.V„am•.6naunurw-'u.:yFr.l u,,.w w1+ri.,:n.e.4eMio+w c2.y+ au..ow..s.w-:bt.awe.�..onaw+,.-ua•xa.w+rr.t:....,�e,.aasn...,....: w..aa.�..a.•+oar.. ��i'aa--�..".'"`a nesaaa+�.raar.o'�a a>a«easr+-m+d FrmetsseSarocwav, E�Rain Systems, Inc. 1-666-991-RAIN (7246) inroAlFwRain.com www,EcoRaln.com Surface Area I 9S%vvid soxo Material 300%recYded Dolryropylene Biological &Chemical Retistance Unaifetted trymaulds and algae• mil -Borne chertiltals, batterla 8 hitumen Temperature Tolerance -22'to 2dS'F (-30't0320' Flow Rate ASTM Da716 .671 P/second (.019 ms/second) Test StandardUsed Imperial Metric Unconfined Crush Test ASiM C39-05 323 psi 37213k tom Ultimate load -N 20 Load Rated AAfiHTO IRFD SO,000Ibs 22.680 kg Displacement .433' 11 tom Temperature Pammcter 46.4•-57,2•F 8'-14•1 Tank Width Length Height Volume tom Inches feet tom Inches feet tom inches feet cult gallons Half (X) 408 16.06' 1.34' 665 26.9Y 2.25' 241.3 9.50' 0.79' 238 17.82 Single (1) 408 16.06' 1.34' 685 26.9Y 2.25' 450 17.72' 1.48' 4.46 33,22 Douhie (2) d�16ZV 1.34' 685 26.9Y 2.25' 880 34.65' 2.89' 8.69 64,97 Triple (3) d L34'685 269Y 2.25' 1310 SLSY 43tY 1290 9672 quad4 4 1.34'Cr6526.97'225'17M1D68.50'S.71'17.17128M17 4 1.3M1' 685 26.9Y 225' 2170 85.43' 7.1Y 2L42 160.21 r A j � I E�-i O w zZ CD' U z G4 W O a EF z d E- c a (" x U E, O O � F+' z Lf) W CYI $ ECORAIN TANKS ASSEMBLE SCALE: N.T.S. N.T.S NOT FOR CONSTRUCTION SHEET: C5.0 cl,m TRACT NO. �16 LEGEND I SS- SANITARY SEWER 20 10 0 10 20 40 SD STORM DRAIN I i / I E3 +fJ I I W WATER LINE GRAPHIC SCAl E V'=20' -JT JOINT TRENCH SDMH STORM ORAIN MANHOLE lb x N°S SSMH SANITARY SEWER MANHOLE _ 1 soCO STORM DRAIN CLEANOUT JA SSCO SANITARY SEWER CLEANOUT I�MHMSOCO CLEANOUT 3 2Q3.2 �1 i INV216.9 - - _ V s V- "` �j- - - �y - - - N212118. y 17 p 1.9 Z ECORAIN UNDERGROUND INFILTRATION 1 V219.4 I - 12" PVC S X ® SD - FACILITY. SEE SHEET CS SDMH - - 1 - -SD-- Ste' -5�- -SD-- C - -S1N- - S11-- -- --- - - - -- - 6'PVC RIM2223 NV21 2V21 PO Jls P VEMENT S F ON C J JT- INV217.9 T o ROOF WATER LEADER I I I I9.7 I - -- - - - -- - - - - - - - - - - - c SPLASH BLOCK SSMH • JUNCTION BOX AREA DRAIN O STORM MANHOLE o s m STORM DROP INLET I C f • SANITARY MANHOLE " ( SDMH AD I' 1 _I I F I o@ 22.2.7 INV21 8.7 m• SANITARY CLEANOUT 1( �+ LI INV218.0 INV21 Y FIRE HYDRANT I !m l I er I;. ';I q '• 9 I WATER METER I t IIII 3 I at2' S 0.5� •^�4r'�i':-+. i � i I >, � I jI I � � IRRIGATION BACKFLOW PREVENTOR n q II ) I `- o I Ia T I 1 L '�• �� y + I 1 _ © { d 543 Lt�... �' I I ir. ., f. I g „ I ( Im y I - t. 1 I JS� F' UNDERGROUND TRANSFORMER d I'a I: G-1 CLEANOUT rn + .}'�.� • = o ` k:.,_r o AD ED UNDERGROUND UTILITY BOX 223. \. ''r.'' _•'�'' > is I r y� ,5 a ^ �I I -I \:•. IN 9.6 EXISTING UTILITIES _ I�,a„ \_: E KRIS AR MH 3 N I aVc I 4Ito a�UI) "I --- -SD2-2-1-3 STORM DRAIN MANHOLE INV218.1 -_ 10- y I H� 2 SANITARY SEWER MANHOLE RIM221.5 M22-2 PRO INV215.t.N2 81 PVC FIRE HYDRANT !21. 3 12' S=. S SD-- F- - S - 221.9 MS WATER VALVE SD•- -- 12 VCS-0 NV216.3 PVC a�^' � V- "f_S` WATER METER ,1 I I - - - - - - - - - - - o�c I 4 � I I T 1 5 T JT GAS VALVE I 14 SDMH ELECTROUER ti i S M 0 19.5 a ,h { SDMH 221.4 8 INV27 .0 U rt INV21S.3 IN 5 � NV INS 218.0 I o c l 1 INV217.3 INN t'I p+Q�Q INV IN W 217.7 I L -OH OVERHEAD UTILITIES : ml I I INV212.6 ^ -' DQQ INV21 22.7 p O I ®,,, I IN 121 n 1 I i1N Q'+ \ - - - - s z 2.Z \ �� I o 14 P T-� 1-•1 1 It V217. _ -a 220.7 I INV 20.4 CO 5 % Ijj SD-, 8 IJ z 229.3 GY I c � OH 12Y.V - r a IF-1 NOTE: 4 - - - --Oki--- --- H =SUM -DH >-_pH----OH D I - a C / INV2 &95 } "IN 6� ? _- - INr `O - OH - OH- OH INY2 a.95 2 -IN I In u I v1 IXOINV 207.9 - OH 1. ALL UTILITY BOXES AND _ G :nw N SD - so 27 R sp ISp IN 211.6 o P" INv:Sass�3rf r G 4, �, G _ - -G- exsouN SD_-�- �P 50 Sp�1 r- F E FACILITIES, EXCEPT GAS --G--- SD= METERS AND WATER 4 - G----G--- - - r--� z �• ti� INV214.62121V --G--G---_.�. G- ✓ Z W BACKFLOW DEVICES, SHALL BE C' 15' Vp - INV212.8t u 2153512 INSTALLED BELOW GRADE. i Y,¢ `y�0'.7770`NPU �? x 5---c�UTAN�T MAS AQUINO R0_CD_� U " N`'V213.5 - 2. GAS METERS TO BE ' � wv RIM221.� O o a LOCATED ON THE GARAGE " �` m t+l---- -- --- - yr- Nv212.3t C!] z CORNER OF EACH HOME IN Ct2 FRONT OF THE PRIVATE PATIO) WHERE APPLICABLE. I m K 3. THE EXISTING OVERHEAD 31.5' 28.5' 26' 28.5' o UTILITY LINE ON SOUTH SAN PRIVATE STREET PRIVATE STREET PRIVATE STREET PRIVATE STREET 4, 3 +S �e TOM AS QU I N O ROAD AND 4' k.-5��' 5' 5' 4' 5' 5' v1 5' 4.5' 3' 4.5' n 4' 4.5' 5' S' 5' 5' 4' , NI I I I � N CN eVrra re n BUCKNALL ROAD SHALL BE o o o UNDERGROUNDED. F [] y o e F `' o o o o 00 a- F a o 0 0 SCALE: z = 1 "=20' Z rA, TYPICAL UTILITY SECTION g TYPICAL UTILl1Y SECTION C TYPICAL UnLITY SECTION O TYPICAL UTILITY SECTION NOT FOR CONSTRUCTION SHEET: swn w.0 scuc - %Z u - nss arun kcs C 6.0 PRELIMINARY CONSTRUCTION STAGING NOTES: 1. Construction traffic shall enter and leave the site on San Tomas Aquino Road. The travel route shall be on San Tomas Aquino Road, Campbell Avenue, Son Tomas F�'pressway and Highway 17. 2. Staging of construction equipment and materials will be on Lots 23, 24 and 25. 3. Construction is anticipated to begin in late summer 2012. with completion of the site improvements in summer of 2013. Construction of the for —sale houses will begin in spring 2013. Completion of the houses is dependent on the market demand. PRELIMINARY PHASING PLAN: 1. Demolish all buildings, pavement and existing utilities within the boundary of the site. 2. Rough grade the entire site, including the private interior loop street and building pads. 3. Install the gravity utilities (stormwater infiltration trench in the private street and the EcoRain boxes under Lot B, storm drain and sanitary sewer) necessary to serve the site, including on —site mains within the private interior loop street. 4. Install the water main, fire hydrants, and water services necessary to serve the site. 5. Install joint trench facilities (gas, electric, telephone and cable TV) necessary to serve the site, including on —site mains within the private interior loop street. Underground the existing overhead lines on San Tomas Aquino end Bucknall Roads. 6. Construct new curb, gutter and sidewalk on the public street frontages and curb and gutter within the private interior loop street. 7. Pave the private interior loop street. 8. Construct the interior open space on Lot B. 9. Construct the model homes on Lots 9, 10 and 11. The model home perking will be on Lot 12. 10.Construct the houses on an as needed basis, starting with Lot 8 and moving to the south along San Tomas Aquino and west along Bucknall. The interior houses will be built beginning with Lots 13 through 18. Lots 19 through 25, and Lot 12 will be the last houses constructed. Q Cr J J Z Y m 13 7 � r j o Q O X O z Q Q CAMPBELL AVE CAI 0 z SITE z Q I co I —A I � 1 I � I + r EXwy BUCKNALL ROAD ICONSTRUCTION TRUCK ROUTE N.T.S Z 20 10 0 10 20 40 GRAPHIC SCALE 1"=20' - --II" — ..vcvuw I1VP►V SCALE: 1 "=20' NOT FOR CONSTRUCTION SHEET: C8.0 Ec GENERAL NOTES 1. Review of this Developmental proposal is limited to acceptability of site access and water supply as they pertain to fire department operations, and shall not be construed as a substitute for formal plan review to determine compliance with adopted model codes. Prior to performing any work the applicant shall make application to, and receive from the Building Department all applicable construction permits. 2. Fire Sprinklers Required: An automatic sprinkler system shall be provided throughout all new buildings and structures exceeding one (thousand) square feet. Exception: Group A, B, E, F, I, L, M, S and U occupancy buildings and structures that do not exceed 1,000 square feet of building area. NOTE: Covered porches, patios, balconies, and attic spaces may require fire sprinkler coverage. A State of California licensed (C-16) Fire Protection Contractor shall submit plans, calculations, a completed permit application and appropriate fees to this department for review and approval prior to beginning their work. CFC Sec. 903.2, as adopted and amended by CBLMC. NOTE Two different site plans are shown. Comments regarding Fire Department access apply to both site plans. The applicant must determine which site plan will be implemented. 3. Fire apparatus (Ladder Truck) Access Roads Required: Provide access roadways with a paved all weather surface and a minimum unobstructed width of 26 feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 45 feet outside and 31 feet inside, a maximum slope of 10% and vehicle loading of 75,000 pounds. CFC Sec. 503 4. Fire Apparatus (Engine) Access Roads Required: Provide access roadways with a paved all weather surface, a minimum unobstructed width of 20 feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 36 feet outside and 23 feet inside, and a maximum slope f 15%. For installation guidelines refer to Fire Department Standard Details and Specifications sheet A-1. CFC Sec. 503 5. Rescue Window Access: Ground —ladder rescue from second and third floor rooms shall be made possible for fire department operations. With the climbing angle of seventy five degrees maintained an approximate wa lkway width alongeither side of the building shall be no less 9 than seven feet clear. Landscaping shall not be allowed to interfere with the required access. CFC Sec. 1029 6. Parking Along Roadways: The required width of fire access roadways shall not be obstructed in any manner and, parking shall not be allowed along roadways less than 28 feet in width. Parking may be permitted along one side of roadways 28-35 feet in width. For roadways equal to or greater than 36 feet, parking will be allowed on both sides of the roadway. Roadway widths shall be measured curb face to curb face. With parking space based on an 8 ft width. CFC Sec. 503 7. Premises Identification; Approved numbers of addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background. CFC Sec. 505 8. Public Fire Hydrant(s) Required: Provide public fire hydrants) at location(s) to be determined jointly by the Fire Department and San Jose Water Company. Maximum hydrant spacing shall be 600 feet, with a minimum' single hydrant flow of 1,000 GPM at 20 psi, residual. Fire hydrants shall be provided along required fire apparatus access roads and adjacent public streets. Show these on the Utility plan CFC Sec. 507 9. Timing of Required Water Supply Installations: Installations of required fire service(s) and fire hydrant(s) shall be tested and accepted by the Fire Department, prior to the start of framing or delivery of bulk combustible materials. Building permit issuance may be withheld until required installations ore completed, tested, and accepted. CFC Sec 503 10. Timing of Required Roadway Installations: Required access roads, up through first lift of asphalt, shall be installed and accepted by the Fire Department prior to the start of combustible construction. During construction, emergency access roads shall be maintained clear and unimpeded. Note that building permit issuance may be withheld until installations are completed. Temporary access roads may be approved on a case by case-bcsis. CFC Sec. 501 11. The porous pavement shall be designed to adhere to fire department loading requirements. LEGEND NEW FIRE HYDRANT EXISTING FIRE HYDRANT Q ICE J Z U W 48.00' Z Q 0 20 10 0 10 20 40 14.50' 20.00' GRAPHIC SCALE 1"=20' Aerial Ladder Fire Truck Width U 1Track : 8.25' Lock to Lock Time : 5.00'.00' Steering Angle 40.0' 1 � 1 &5' R=42'� i \ 23.0' R 42 / 26.2' --_ --- - ---- --- --- ---- ---- -- ---- ----- -- - ---- ' '>\ �.� 22.0 - F 2�� R= J L .r•i 22' e" :N 9 TW STO R USES 20.o---16.5' may' t=����i1•z..�j:� I':! L `` RJJ 1 \ �3. "•. � Lam` .r.�.•.-.•, 7 7 �/ 2V / y 23.8' \ u— ----ter+... —.... 1...—..�—i.....—.... �......--�i.... —.------��.�...--...�... R-60' \ R=60 60' �R-42' \ ❑ fr ❑� e V SAN TOMAS AQUINO ROAD S Is, 811 7 a a 0 C� to SCALE: 1 "=20' NOT FOR CONSTRUCTION SHEET: C9.0