CC Ordinance 2246ORDINANCE NO. 2246
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING A PLANNED DEVELOPMENT PERMIT
(PLN2018-156) TO ALLOW CONSTRUCTION OF SIX TWO-STORY
SINGLE-FAMILY HOMES, AN ACCESSORY DWELLING UNIT, A
NEW PRIVATE STREET, AND ASSOCIATED SITE AND
LANDSCAPING IMPROVEMENTS FOR PROPERTY LOCATED AT
1631 HACIENDA AVENUE.
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the City Council of the City of Campbell
does ordain as follows:
Environmental Finding
1. An Initial Study has been prepared for the proposed project which provides documentation
for the factual basis for concluding that a Mitigated Negative Declaration may be adopted
since no substantial evidence exists, in light of the whole record, that the project may have
a significant effect on the environment as conditioned.
Evidentiary Findings
1. The proposed project is application for a Zoning Map Amendment (PLN2018-155) to
amend the Campbell Zoning Map to rezone the project site from R-1-9 (Single -Family
Residential) to P-D (Planned Development); a Planned Development Permit (PLN2018-
156) to allow construction of six two-story single-family homes, an accessory dwelling unit,
a new private street, and associated site and landscaping improvements; a Tentative
Subdivision Map (PLN2018-157) to create six private lots and one common lot, and
associated public and private easements; a Variance (PLN2018-325) to allow retention of
existing overhead utility lines and installation of a new utility pole on private property to
serve the proposed development; and a Tree Removal Permit (PLN2018-158) to allow
removal of on -site protected trees.
2. The project site consists of two parcels located along Hacienda Avenue, east of Harriet
Avenue, which is developed with a single-family residence that will be demolished as part
of the proposed project.
3. The project site is developed with one single-family residence that will be demolished as
part of the proposed project.
4. The project site abuts residentially zoned properties in all directions.
5. The project site is currently designated by the Campbell Zoning Map as R-1-9 (Single -
Family Residential, 9,000 Square -Foot Minimum Lot Size) and would be rezoned by to P-
D (Planned Development).
City Council Ordinance No.2246
Approving a Planned Development Permit
1631 Hacienda Avenue — File No.: PLN2018-156
Page 2 of 5
6. The project site is designated by the Campbell General Plan Land Use Diagram as Low
Density Residential (Less than 4.5 units/Gr. Acre). The proposed project would result in
approximately 2.8 units per gross acre, consistent with General Plan Land Use
Designation.
7. The proposed Planned Development Permit (PLN2018-156), to allow construction of six
two-story single-family homes, an accessory dwelling unit, a new private street, and
associated site and landscaping improvements, constitutes the required "development
plan" associated with the proposed Zoning Map Amendment (PLN2018-155) as specified
by Campbell Municipal Code (CMC) Section 21.12.030.G.1 (Establishing the P-D zoning
district).
8. The proposed Planned Development Permit (PLN2018-156) would be adopted by City
Council ordinance as required by CMC Section 21.12.030.H.10.c(1), because the project
site exceeds two gross acres in total lot area.
9. The proposed Planned Development Permit (PLN2018-156) is considered in conjunction
with and subject to, a Tentative Subdivision Map (PLN2018-157) to create six private lots
and one common lot, and associated public and private easements.
10. As specified by San Tomas Area Neighborhood Plan (STANP) Land Use Policy 'M-1'
(Planned Development Zones), the proposed project conforms with the standards for single
family development contained within the STANP and the Campbell Municipal Code, except
that private local access streets shall be permitted with a home owner's association.
11. As specified by San Tomas Area Neighborhood Plan (STANP) Land Use Policy 'M-2'
(Planned Development Zones), the proposed project provides shared guest parking totaling
two spaces per unit in addition to the parking requirements for single family homes.
12. The proposed private local access street would be setback from the adjacent property line
by a distance of five feet. As neither the Campbell Municipal Code nor the STANP provide
an objective setback standard for a private local access street, the City directed the
applicant to utilize the five-foot setback applicable to driveways specified by CMC Section
21.28.090 (Driveways and site access), as the most applicable standard. Application of a
five-foot setback for the private local access street is also consistent with comparable
previous and pending development projects:
Project Address
Project Type
Year Approved
Private Street Setback
1429/1445 Westmont Ave.
Single -Family (6 lots)
Pending
5 feet
880/910 Harriet Ave.
Single -Family (6 lots)
2018
3 feet
50 Shelly Ave.
Single -Family (4 lots)
2018
4 feet
1323 Elam Ave.
Townhomes (4 units)
2018
2 feet
1223 Walnut Dr.
Single -Family (2 lots)
2016
2 % to 5 feet
1323 Parsons Ave.
Single -Family (4 lots)
2016
6 feet
180 Redding Rd.
Single -Family (5 lots)
2016
2 feet
1685 Bucknall Road
Single -Family (3 lots)
2015
2 feet
705 W. Hacienda Ave.
Townhomes (4 units)
2015
2 to 5 feet
City Council Ordinance No.2246
Approving a Planned Development Permit
1631 Hacienda Avenue — File No.: PLN2018-156
Page 3 of 5
13. Providing a greater setback than five -feet for the proposed private local access street
would likely result in the removal or substantial damage of the large Oak tree on proposed
Lot 1 and also require the elimination of the accessory dwelling unit from the project.
14. The proposed project could not be developed with a public street, as it would convert
several neighboring properties located on Luika Place from interior lots (with one public
frontage) to double -frontage (through) lots with two public frontages, constituting a
violation of CIVIC Sec. 20.36.110 which prohibits "interior lots having double frontage".
Additionally, the creation of the public street would convert the adjacent property located at
1609 Hacienda Avenue from an interior lot to a corner lot, resulting in the creation of a new
non -compliant street -yard setback. Since the proposed project with a public street would
conflict with provisions of the Campbell Municipal Code, it would not be allowable as
specified by CIVIC Sec. 21.01.050.C, and therefore, would also lack a prima facie right to
be approved pursuant to Campbell CIVIC Section 21.38.040.E. As a result, the project
must incorporate a private local access street.
15. The proposed project with a public street would also present major engineering issues
relative to maintenance, overland release, and bio treatment methods, and would
therefore, also not be supported by the City's Public Works Department.
16. To address drainage in excess of a 10-year storm event without substantially altering the
grade orientation of the project site, the proposed project incorporates an overland release
easement across a neighboring property that would allow excess stormwater to flow over
onto Fawn Drive/Beth Way into the public storm -drain system. This approach allowed the
proposed project to be designed with a minimal grade change from existing conditions
(approximately 1-foot higher). In this manner, the existing grade differential with the
neighboring properties will be improved.
17. To address concerns regarding potential damage to neighboring properties, a condition of
approval has been incorporated that will require the applicant to prepare detailed "fencing
plan" that will depict the extent of all new fences and retaining walls, including section cuts
and constructions details that will be reviewed by the City's structural engineering
consultant to prevent accidental damage. However, since the joint trench that will serve
the proposed project will be approximately 15-feet away, this condition of approval was
incorporate out of an abundance of caution.
18. The proposed project incorporates representative architectural features of homes in the
San Tomas Area such as, shape, form, roof pitch, and materials.
19. The proposed project has been designed such that the perceived scale and mass of new
homes is compatible with homes in the surrounding area.
20. The proposed project incorporates exterior elevations that are significantly varied in terms
of shape, mass, roofline, front entry treatment, window usage and materials.
21. The proposed project incorporates a requirement for off -site public improvements including
dedication of right-of-way for public street purposes and installation of City standard curb,
gutter, sidewalk, driveways, street tree(s), and street light(s).
City Council Ordinance No.2246 Page 4 of 5
Approving a Planned Development Permit
1631 Hacienda Avenue — File No.: PLN2018-156
22. The proposed project would be consistent with the following General Plan policies and
strategies:
Strategy LUT-5.2a: Neighborhood Compatibility: Promote new residential development and substantial
additions that are designed to maintain and support the existing character and
development pattern of the surrounding neighborhood, especially in historic
neighborhoods and neighborhoods with consistent design characteristics.
Policy LUT-7.2n: Consistency With Plans: Ensure that new development and substantial remodeling
projects are consistent with Specific Plans, Area Plans, City Standard Details, and
adopted Streetscape Standards to create a cohesive design.
Strategy LUT-9.3e: Building Materials: Encourage the use of long-lasting, high quality building materials
on all buildings to ensure the long-term quality of the built environment.
Policy LUT-9.3: Design and Planning Compatibility: Promote high quality, creative design and site
planning that is compatible with surrounding development, public spaces, and natural
resources.
Policy LUT-17.1: San Tomas Area Neighborhood Plan (STAND): Comply with the requirements of the
STANP.
Strategy LUT-17.1a: Lot Sizes: Ensure that new development and renovation provides low -density
residential development and encourage larger than minimum lot sizes.
Strategy LUT-17.1b: Landscaping: Ensure that new developments provide new tree planting, shrubs,
greenery and other landscaping materials, and preserve existing trees and shrubs.
23. In review of the proposed project, the City Council considered the site circulation, traffic
congestion, and traffic safety effects of the project, including the effect of the site
development plan on traffic conditions on abutting streets; the layout of the site with
respect to locations and dimensions of vehicular and pedestrian entrances, exit driveways,
and walkways; the arrangement and adequacy of off-street parking facilities to prevent
traffic congestion; the location, arrangement, and dimensions of truck loading and
unloading facilities; the circulation patterns within the boundaries of the development, and;
the surfacing and lighting of the off-street parking facilities.
24. The City Council further considered the landscaping design of the proposed project,
including the location, height, and material offences, walls, hedges, and screen plantings
to ensure harmony with adjacent development or to conceal storage areas, utility
installations, and other unsightly aspects of the development; the planting of groundcover
or other surfacing to prevent dust and erosion, and the preservation of existing healthy
trees.
25. The City Council further considered the proposed project's architectural and site layout,
including the general silhouette and mass, including location on the site, elevations, and
relation to natural plant coverage, all in relationship to the surrounding neighborhood; the
exterior design in relation to adjoining structures in terms of area, bulk, height, openings,
and breaks in the facade facing the street; and appropriateness and compatibility of the
proposed uses in relation to the adjacent uses and the area as a whole.
26. No substantial evidence has been presented which shows that the project, as currently
presented and subject to the required conditions of approval, will have a significant
adverse impact on the environment.
City Council Ordinance No.2246 Page 5 of 5
Approving a Planned Development Permit
1631 Hacienda Avenue — File No.: PLN2018-156
Based upon the foregoing findings of fact, the City Council further finds and concludes that:
1. The proposed development will clearly result in a more desirable environment and use of
the land than would be possible under any other zoning district classification.
2. The proposed development will be compatible with the General Plan of the City and will
aid in the harmonious development of the immediate area.
3. The proposed development will not result in allowing more residential units than would be
allowed by other residential zoning districts, which are consistent with the General Plan
designation of the property.
4. The proposed development will not be detrimental to the health, safety or welfare of the
neighborhood or the City as a whole.
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.
SECTION ONE: That this Ordinance be adopted to approve a Planned Development Permit
(PLN2018-156) to allow construction of six two-story single-family homes, an accessory
dwelling unit, a new private street, and associated site and landscaping improvements, for
property located at 1631 Hacienda Avenue, subject to the attached recommended Conditions
of Approval (attached Exhibit A).
SECTION TWO: This Ordinance shall become effective thirty (30) days following its passage
and adoption and shall be published, one time within fifteen (15) days upon passage and
adoption in the Campbell Express, a newspaper of general circulation in the City of Campbell,
County of Santa Clara.
PASSED AND ADOPTED this 2nd day of July, 2019, by the following roll call vote:
AYES: COUNCILMEMBERS: Resnikoff, Bybee, Gibbons, Landry, Waterman
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None % 1
APPROVED: XU ( G
Richard M. Waterman, Mayor
ATTEST: ti
Wendy od, City Clerk
EXHIBIT A
CONDITIONS OF APPROVAL
PLANNED DEVELOPMENT PERMIT (PLN2018-156)
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:
Approved Project: Approval is granted for a Planned Development Permit (PLN2018-156)
to allow construction of six two-story single-family homes, an accessory dwelling unit, a
new private street, and associated site and landscaping improvements on property located
at 1631 Hacienda Avenue. The project shall substantially conform to the Revised Project
Plans and Color/Material Board stamped as received by the Planning Division on April 9,
2019 and July 12, 2018, respectively, except that the civil, architectural, and landscaping
plans submitted for site development, grading, and building permits, and the (final) Tract
Map, shall reflect the modified site configuration depicted in Exhibit B, as determined by
the Community Development Director.
2. Permit Expiration: The Planned Development Permit approval is valid for a period of two
(2) years from the effective date of the adopting ordinance, unless an Extension of Time is
granted prior to the expiration date.
3. Tract Map: Exercise of the Planned Development Permit approval is contingent upon
recordation of the Tract Map to divide the subject property. The Tract Map shall be
recorded prior to the issuance of building or grading permits. However, the Tract Map may
not be recorded if the Planned Development Permit expires.
4. Indemnity: By exercise of the Planned Development approval, the applicant shall 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.
5. Fencing Plan: The on -site improvement plans shall include a detailed "fencing plan"
indicating placement of new fencing/walls around the interior and perimeter property lines,
as generally depicted on the Approved Project Plans, for review and approval by the
Community Development Director. The "fencing plan" shall specifically indicate the extent
and height of the masonry retaining walls that will be installed at the base of the new
perimeter fencing. Prior to construction of fencing, the applicant, contractor, and staff, shall
conduct a walk-through of the project site to verify fencing placement in order to minimize
damage to neighbors' adjacent landscaping and property.
6. Traffic Safety: A "Stop," "Slow," or comparable sign shall be installed at the exit of the
private street, as specified by the Community Development Director.
Conditions of Approval Page 2
Planned Development Permit (PLN2018-156)
1631 Hacienda Avenue
7. Pest Control: Prior to issuance of a demolition permit, the applicant shall be required to hire
a qualified individual or company to inspect the site —inclusive of all structures and
unimproved property —for vermin and peridomestic animals (e.g., rodents, skunks,
opossums, raccoons, etc.) and provide a report on the inspection to the City for review. If it
is determined that vermin and/or peridomestic animals exist on the site, an
extermination/removal plan shall be prepared by the qualified individual or company and be
provided to the Community Development Director for review and approval. Upon approval,
the extermination/removal plan shall be implemented to rid the site of vermin and/or
peridomestic animals in compliance with all applicable local, State, and Federal laws.
8. Water Efficient Landscape Standards: This project is subject to the updated California
Model Water Efficient Landscape Ordinance (MWELO). The building permit application
submittal shall demonstrate compliance with the applicable MWELO and landscaping
requirements and shall include the following:
a. A Landscape Documentation Package prepared by an authorized and licensed
professional demonstrating compliance with the full MWELO requirements with the
following required elements:
1) Project Information per Section 492.3.
2) Water Efficient Landscape Worksheet per Section 492.4 (Appendix B of the
MWELO).
i. Include the worksheet within the plan set AND
ii. Provide a separate 8.5x11 hard copy or pdf via email to the project
planner.
3) Soil Management Report per Section 492.5 (unless significant mass grading
is planned, in which case the report shall be submitted prior to permit final).
4) Landscape Design Plan per Section 492.6.
5) Irrigation Design Plan per Section 492.7.
6) Grading Design Plan per Section 492.8.
Note that a Soil Management Report (if not submitted as part of the Landscape
Documentation Package) and Certificate of Completion will be required prior to
permit final.
b. A completed Landscape Information Form.
C. A note on the Cover Sheet in minimum 1/2" high lettering stating "Planning Final
Required. The new landscaping indicated on the plans must be installed prior to final
inspection. Changes to the landscaping plan require Planning approval."
9. Utility Boxes and Back -Flow Preventers: The applicant shall submit a plan prior to
installation of the underground PG&E utility (transformer) boxes and San Jose Water
Company back -flow preventers, indicating the location of the boxes for approval by the
Community Development Director. Utility boxes at a minimum will be painted/treated to
match the predominant backdrop, and indicating that to the extent feasible that utilities will
be placed in the driveway and/or in front of each unit (i.e. water meter boxes) to avoid a
bank of meters from being placed along Hacienda Avenue which may otherwise detract
from the single-family look of the project and neighborhood.
Conditions of Approval
Planned Development Permit (PLN2018-156)
1631 Hacienda Avenue
Page 3
10. Construction Activity: The following standards shall apply to construction of the project:
• Construction Hours (CMC 18.04.052): Construction activity shall be limited to the hours
of eight a.m. and five p.m. daily, Monday through Friday. Saturday hours of construction
shall be nine a.m. and four p.m. There shall be no construction activity on Sundays or
National Holidays.
• Construction Noise (CMC 18.04.052): No loud environmentally disruptive noise over fifty
dbs., such as air compressors without mufflers, continuously running motors or
generators, loud playing musical instruments or radios will be allowed during the
authorized hours of construction, Monday through Saturday, where such noise may be
a nuisance to adjacent residential neighbors. Such nuisances shall be discontinued.
• Contractor Contact Information Posting: The project site shall be posted with the name
and contact number of the lead contractor in a location visible from the public street
prior to issuance of building permits.
11. On -Site Lighting: On -site lighting shall be shielded away from adjacent properties and
directed on site in compliance with City of Campbell Lighting Design Standards (CMC
21.18.090). The design and type of lighting fixtures and lighting intensity of any proposed
exterior lighting for the project shall be reviewed and approved by the Community
Development Director. Lighting fixtures shall be of a decorative design to be compatible
with the residential development and shall incorporate energy saving features.
12. Residential Address Identification: The applicant shall submit a detail sheet showing
uniform residential address identification material type and location on the building wall for
review and approval by the Community Development prior to the issuance of Building
Permits. In order to obtain approval, 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. Additionally, number material and color is required to contrast
with their background.
13. Property Maintenance: The property is to be maintained free of any combustible trash,
debris, and weeds until the time that actual construction commences. Any vacant existing
structures shall be secured, by having windows boarded up and doors sealed shut, or be
demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform
Fire Code).
14. Construction Hours/Fines/Stop Work Notice: Failure to comply with permitted working
hours that result in verified complaints may result in the issuance of a Stop Work Notice
issued to the project with cessation of work for a minimum of seven (7) days from the date
of issuance and an Administrative fine of up to $1,000.00.
15. Planning Mitigation Monitoring: Prior to issuance of building or grading permits the
applicant shall pay a Mitigation Monitoring Fee as established by the Schedule of Fees.
Additionally, the developer shall designate a qualified individual who shall regularly report
to staff on the ongoing mitigation compliance for the project.
Conditions of Approval
Planned Development Permit (PLN2018-156)
1631 Hacienda Avenue
Page 4
16. Timely Completion: Once under construction it shall be the obligation of the property owner
and contractor to demonstrate continued progress on the project. In the event the building
permit expires, the City may impose fines or exercise administrative remedies to compel
timely completion of work.
17. Mitigation Measures: The approved project shall incorporate all Mitigation Measures
identified in the Mitigated Negative Declaration, as restated below for reference:
Mitigation Measure AQ-1: Provisions for trackout control of soil/mud from project
construction will be implemented as best practices BP6 and BP7 described in Table
A-5 of the Air Quality Assessment, prepared by Marc Papineau, Environmental Service,
restated as follows:
• BP6 - Wash off all haul trucks and equipment, including their tires, before leaving the
site.
• BP7 - Treat entries to a distance of 100 feet from a paved road with a 6 to 12 inch
compacted layer of wood chips, mulch, or gravel.
Mitigation Measure AQ-2: To minimize PM emissions from fugitive sources and from
unnecessary equipment idling, the contractor will be required to implement the Basic
Practices described in Table A-5 of the Air Quality Assessment, prepared by Marc
Papineau, Environmental Service, restated as follows:
• Al - Watered at least two times per day exposed surfaces (e.g., parking areas, staging
areas, soil piles, graded areas, and unpaved access roads).
• A2 - Cover haul trucks transporting soil, sand, or other loose material to or from the site.
• A3 - Remove visible mud or dirt track -out onto adjacent public roads using wet power
vacuum street sweepers at least once per day. The use of dry power sweeping is
prohibited.
• A4 - Limited vehicle speeds 15 mph on unpaved roads.
• A5 - Pave roadways, driveways, and sidewalks as soon as possible.
• A6 - Minimize idling times to 5 minutes (as required by the California airborne toxics
control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear
signage shall be provided for construction workers at all access points.
• A7 - Maintain and properly tune all motorized construction equipment in accordance
with manufacturer's specifications. All equipment shall be checked by a certified
mechanic and determined to be running in proper condition prior to operation. This
includes proper functioning of Level 3 VDECS for reduction of diesel particulate
emissions.
• A-8 - Post a publicly visible sign with the telephone number and person to contact at the
Lead Agency regarding dust complaints. This person shall respond and take corrective
action within 48 hours. The Air District's phone number shall also be visible to ensure
compliance with applicable regulations.
Conditions of Approval
Planned Development Permit (PLN2018-156)
1631 Hacienda Avenue
Page 5
Mitigation Measure AQ-3. The following measures shall be adhered during constructions:
• To reduce downwind concentrations of DPM to 15 percent of the uncontrolled
concentrations, use Tier 4 non -road construction equipment and/or Tier 2 or Tier 3 non -
road equipment retrofitted with a Level 3 Verified Diesel Emission Control Strategy
(VDECs).
• Prohibit portable diesel engines where access to alternative sources of power are
available.
• Restrict idling to two minutes during idle episodes.
• Properly maintain and tune equipment in accordance with manufacturer specifications.
Note: If additional buffer, windbreak or privacy fence measures are attempted, these
would have to be constructed before demolition or before grading. In this case,
landscaped buffers, street or driveway buffers, and privacy fencing are secondary or
supplemental and cannot be substituted for the recommended Basic Practices or
Construction Best Practice
Mitigation Measure BI0-1: Pre -Construction Avian Survey — If project construction -
related activities would take place during the nesting season (February through August),
preconstruction surveys for nesting passerine birds and raptors (birds of prey) within the
Property and the large trees within the adjacent riparian area should be conducted by a
competent biologist 14 days prior to the commencement of the tree removal or site grading
activities. If any bird listed under the Migratory Bird Treaty Act is found to be nesting
within the project site or within the area of influence, an adequate protective buffer zone
should be established by a qualified biologist to protect the nesting site. This buffer shall be
a minimum of 75 feet from the project activities for passerine birds, and a minimum of 200
feet for raptors. The distance shall be determined by a competent biologist based on the
site conditions (topography, if the nest is in a line of sight of the construction and the
sensitivity of the birds nesting). The nest site(s) shall be monitored by a competent biologist
periodically to see if the birds are stressed by the construction activities and if the
protective buffer needs to be increased. Once the young have fledged and are flying well
enough to avoid project construction zones (typically by August), the project can proceed
without further regard to the nest site(s).
Mitigation Measure BI0-2: Pre -construction Bat Survey — To avoid "take" of special —
status bats, the following mitigation measures shall be implemented prior to the removal of
any existing trees or structures on the project site:
A bat habitat assessment shall be conducted by a qualified bat biologist during
seasonal periods of bat activity (mid —February through mid —October. Feb. 15 — Apr. 15,
and Aug. 15 — October 30), to determine suitability of each existing structure as bat
roost habitat.
• Structures found to have no suitable openings can be considered clear for project
activities as long as they are maintained so that new openings do not occur.
• Structures found to provide suitable roosting habitat, but without evidence of use by
bats, may be sealed until project activities occur, as recommended by the bat biologist.
Structures with openings and exhibiting evidence of use by bats shall be scheduled for
Conditions of Approval
Planned Development Permit (PLN2018-156)
1631 Hacienda Avenue
Page 6
humane bat exclusion and eviction, conducted during appropriate seasons, and under
supervision of a qualified bat biologist.
Bat exclusion and eviction shall only occur between February 15 and April 15, and from
August 15 through October 30, in order to avoid take of non—volant (non —flying or
inactive, either young, or seasonally torpid) individuals.
OR
A qualified wildlife biologist experienced in surveying for and identifying bat species
should survey the portion of the mixed oak woodland and mixed riparian habitats if
tree removal is proposed to determine if any special —status bats reside in the trees.
Any special —status bats identified should be removed without harm. Bat houses
sufficient to shelter the number of bats removed should be erected in open space
areas that would not be disturbed by project development.
Mitigation Measure BI0-3: The following tree protection measures will be implemented to
minimize harmful effects to the remaining trees located on or immediately adjacent to the
site:
• Work within the vicinity of the trees to be retained will be scheduled for fall or winter
when trees are dormant or semi -dormant.
Prior to any site preparation or construction work, all trees should have a protective
buffer (six feet tall chain link fence) extending beyond the dripline of the canopy (tree
protection zone)(TPZ), or the greatest feasible distance from the trunk as possible.
Grading, deposition of fill, equipment storage, removal of soil, irrigation, or any other
activities that may be detrimental to the health of the trees are strictly forbidden within
the tree protection zone for the duration of site work. It is the ultimately applicants'
responsibility to ensure that the fencing remains intact and that the tree is not damaged
during construction. Tree protection locations should be marked before any fence
contractor arrives.
• 8.5 x 11" signs will be placed on the construction fencing (not on the trunks of the trees)
stating that all areas within the fencing are Tree Protection Zones (TPZ) and that
disturbance is prohibited.
Pruning of limbs to provide clearance for structures, vehicular traffic, and construction
equipment shall be performed during the fall or winter semi -dormant period and will
conform to American National Standards Institute (ANSI) tree pruning standards. All
tree pruning or removals shall be performed by a qualified arborist with a C-61/D-49
California Contractors License. Avoid aesthetic pruning immediately before, during or
after construction impact. Perform only that pruning of dead limbs or those which
conflict with the proposed development.
• Tree maintenance and care shall be specified in writing according to American National
Standard for Tree Care Operations: Tree, Shrub and Other Woody Plant Management:
Standard Practices parts 1 through 10 and adhere to ANSI Z133.1 safety standards and
local regulations.
• Engineer site improvements so that water runoff will not slope toward the trunks. In
areas where the proposed elevation of nearby development lies above the elevation of
Conditions of Approval
Planned Development Permit (PLN2018-156)
1631 Hacienda Avenue
Page 7
the oak tree, swales have been incorporated into the design to direct water away from
the oak trees.
• Soak the ground beneath the canopy of each tree prior to, during, and right
after construction. This deep watering method consists of a slow, all -day soaking within
the root zone.
• If possible, construct the project with minimal filling, excavating, or trenching within the
root zone. Minimize compaction within the root zone to the greatest extent practicable.
Keep the elevation of the soil surface at the existing level within the protected area
around the trunk. Do not stockpile any construction material within the root zone, even
temporarily.
• Should any roots need to be severed during construction, cover any exposed or cut
roots with burlap, soil or mulch as soon as possible until the native soil can be
backfilled. If possible, use sharp tools (chainsaw or axe) for pruning roots. Using hand
tools will help to heal the wounded roots more quickly than pruning with bulldozers, and
will better avoid tearing of the roots behind the cuts. If excavation is for installation of
underground utilities, roots should be left intact and lines will be treaded underneath the
roots.
Mitigation Measure CUL-1: If archaeological or paleontological resources are
encountered during excavation or construction, construction personnel shall be instructed
to immediately suspend all activity in the immediate vicinity of the suspected resources and
the City and a licensed archeologist or paleontologist shall be contacted to evaluate the
situation. A licensed archeologist or paleontologist shall be retained to inspect the
discovery and make any necessary recommendations to evaluate the find under current
CEQA guidelines prior to the submittal of a resource mitigation plan and monitoring
program to the City for review and approval prior to the continuation of any on -site
construction activity.
Mitigation Measure CUL-2: In the event a human burial or skeletal element is identified
during excavation or construction, work in that location shall stop immediately until the find
can be properly treated. The City and the Santa Clara County Coroner's office shall be
notified. If deemed prehistoric, the Coroner's office would notify the Native American
Heritage Commission who would identify a "Most Likely Descendant (MLD)." The
archeological consultant and MLD, in conjunction with the project sponsor, shall formulate
an appropriate treatment plan for the find, which might include, but not be limited to,
respectful scientific recording and removal, being left in place, removal and reburial on site,
or elsewhere. Associated grave goods are to be treated in the same manner.
Mitigation Measure GEO-1: The applicant shall comply with the recommendations in the
Updated Geotechnical Engineering Study, dated April 12, 2018 prepared by Earth Systems
Pacific. Such recommendations shall be incorporated into the project's final engineering
design to prevent ponding of water in or near the building, ensure the conveyance of storm
water away from the building, and avoid the saturation of foundation soils. The project shall
use standard engineering techniques and conform to the requirements of the International
Building Code to reduce the potential for seismic damage and risk to future occupants.
Conditions of Approval
Planned Development Permit (PLN2018-156)
1631 Hacienda Avenue
Page 8
Mitigation Measure HAZ-1: Prior to issuance of a demolition permit, a qualified contractor
shall assess the property for presence of Lead -based paint (LBP) and Asbestos containing
building materials (ACBM), and if present, prepare a plan, to the satisfaction of the Building
Official, to properly manage and dispose of such materials.
Mitigation Measure N0I-1: The following measures shall be implemented during
construction:
Notify the City and neighbors in advance of the schedule for each major phase of
construction and expected loud activities or impulsive noise activities (e.g., nail guns
during framing).
• When feasible, select "quiet" construction methods and equipment. Examples include:
1) using electrical service rather than portable power generators and 2) using rollers
rather than vibratory compactors.
• Locate noisy stationary equipment (e.g., compressors) and material unloading and
staging areas away from the nearest adjacent uses, such as the Luika Place residences
to the southwest and west of the project site.
Mitigation Measure N0I-2: The following measures shall be implemented during
construction:
• Require posted signs at the construction site, which provide the permitted construction
days and hours, a day and evening contact number for the job site and a day and
evening contact number for the City in the event of problems.
• Notify the City and neighbors in advance of the schedule for each major phase of
construction and expected loud activities or impulsive noise activities (e.g., nail guns
during framing).
• When feasible, select "quiet' construction methods and equipment. Examples include:
1) using electrical service rather than portable power generators and 2) using rollers
rather than vibratory compactors.
• Locate noisy stationary equipment (e.g., compressors) and material unloading and
staging areas away from the nearest adjacent uses, such as the Luika Place residences
to the southwest and west of the project site.
• Require that all construction equipment (e.g., excavators, backhoes) be in good working
order and that mufflers are installed and functioning properly. Avoid unnecessary idling
of diesel engines.
• Designate a Construction Noise Coordinator. The designated Construction Noise
Coordinator would be responsible for posting the required signs, explaining the
construction timeline, responding to potential complaints from neighbors, and managing
noise through appropriate work practices or other measures.
Building Division:
18. Permits Required: A building permit application shall be required for each of the proposed
a new dwelling structures. The building permit shall include Electrical/ Plumbing/ Mechanical
fees when such work is part of the permit.
Conditions of Approval
Planned Development Permit (PLN2018-156)
1631 Hacienda Avenue
Page 9
19. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of
construction plans submitted for building permit.
20. Size of Plans: The minimum size of construction plans submitted for building permits shall
be 24 inches by 36 inches.
21. 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.
22. 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.
23. 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 also include site drainage details.
24. 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
25. Title 24 Energy Compliance: California Title 24 Energy Compliance forms shall be blue -
lined on the construction plans. 8'/2 X 11 calculations shall be submitted as well.
26. 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 Appendix 1, Section 106. Please obtain City of Campbell Special Inspection
forms from the Building Inspection Division Counter.
27. Non -Point Source Pollution Control: 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.
28. 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. Bay Area Air Quality Management District (Demolitions Only)
Conditions of Approval
Planned Development Permit (PLN2018-156)
1631 Hacienda Avenue
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)
Page 10
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.
29. California Green Building Code: This project is subject to the mandatory requirements for
new residential structures (Chapter 4) under the California Green Building Code, 2016
edition.
30. Construction Fencing: This project shall be properly enclosed with construction fencing 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.
31. 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 permit.
32. Automatic Fire Sprinkler Systems: This project shall comply with Section R313 of the
California Residential building Code 2013 edition, and be equipped with a complying Fire
Sprinkler system.
33. Storm Water Requirements: Storm water run-off from impervious surface created by this
permitted project shall be directed to vegetated areas on the project parcel. Storm water
shall not drain onto neighboring parcels.
34. P.G. & E.: The applicant is advised to contact PG&E 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. The applicant
should also consult with PG&E concerning utility easements, distribution pole locations and
required conductor clearances.
FIRE DEPARTMENT
35. Automatic Fire Sprinkler System Required: An automatic residential fire sprinkler system
shall be installed in one- and two-family dwellings as follows: 1. In all new one- and two-
family dwellings and in existing one- and two-family dwellings when additions are made that
increase the building area to more than 3,600 square feet. Exception: A one-time addition
to an existing building that does not total more than 1,000 square feet of building area. 2. In
all new basements and in existing basements that are expanded. Exception: Existing
basements that are expanded by not more than 50%. NOTE: The owner(s), occupant(s)
and any contractor(s) or subcontractor(s) are responsible for consulting with the water
purveyor of record in order to determine if any modification or upgrade of the existing water
service is required. A State of California licensed (C -16) Fire Protection Contractor shall
Conditions of Approval Page 11
Planned Development Permit (PLN2018-156)
1631 Hacienda Avenue
submit plans, calculations, a completed permit application and appropriate fees to this
department for review and approval prior to beginning their work. CRC Sec. 313.2 as
adopted and amended by CIVIC.
36. Water Supply Requirement: Potable water supplies shall be protected from contamination
caused by fire protection water supplies. It is the responsibility of the applicant and any
contractors and subcontractors to contact the water purveyor supplying the site of such
project, and to comply with the requirements of that purveyor. Such requirements shall be
incorporated into the design of any water -based fire protection systems, and/or fire
suppression water supply systems or storage containers that may be physically connected
in any manner to an appliance capable of causing contamination of the potable water
supply of the purveyor of record. Final approval of the system(s) under consideration will
not be granted by this office until compliance with the requirements of the water purveyor of
record are documented by that purveyor as having been met by the applicant(s). 2010 CFC
Sec. 903.3.5 and Health and Safety Code 13114.7.
37. Address identification: New and existing buildings shall have approved address numbers,
building numbers or approved building identification placed in a position that is plainly
legible and visible from the street or road fronting the property. These numbers shall
contrast with their background. Where required by the fire code official, address numbers
shall be provided in additional approved locations to facilitate emergency response.
Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a
minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm).
Where access is by means of a private road and the building cannot be viewed from the
public way, a monument, pole or other sign or means shall be used to identify the structure.
Address numbers shall be maintained. CFC Sec. 505.1
38. Construction Site Fire Safety: All construction sites must comply with applicable provisions
of the CFC Chapter 14 and our Standard Detail and Specification SI-7. Provide appropriate
notations on subsequent plan submittals, as appropriate to the project. CFC Chp. 33.
39. 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 42 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.
40. Parking: When parking is permitted on streets, in both residential/ commercial applications,
it shall conform to the following:
• Parking is permitted both sides of the street with street widths of 36 feet or more
• Parking is permitted on one side of the street with street widths of 28- 35 feet
• No parking is permitted when street widths are less than 28 feet
41. 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 500 feet, with a minimum single hydrant flow of 500 GPM at 20
psi, residual. Fire hydrants shall be provided along required fire apparatus access roads
Conditions of Approval Page 12
Planned Development Permit (PLN2018-156)
1631 Hacienda Avenue
and adjacent public streets. CFC Sec. 507, and Appendix B and associated Tables, and
Appendix C.
42. Timing of Installation: When fire apparatus access roads or a water supply for fire
protection is required to be installed, such protection shall be installed and made
serviceable prior to and during the time of construction except when approved alternative
methods of protection are provided Temporary street signs shall be installed at each
street intersection when construction of new roadways allows passage by vehicles in
accordance with Section 505.2.
43. Construction documents: Construction documents for proposed fire apparatus access,
location of fire lanes, security gates across fire apparatus access and construction
documents and hydraulic calculations for fire hydrant systems shall be submitted to the fire
department for review and approval prior to construction. CFC Sec. 501.3, 501.4
PUBLIC WORKS DEPARTMENT
44. Tentative Vesting Subdivision Map: All Conditions of Approval of the Vesting Subdivision
Map (PLN2018-157) shall be implemented and fulfilled to the satisfaction of the City
Engineer.
MODIFIED SITE PLAN CONFIGURATION
Exhibit B
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