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CC Ordinance 2259ORDINANCE NO. 2259 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A PLANNED DEVELOPMENT PERMIT WITH DENSITY BONUS TO ALLOW CONSTRUCTION OF THE PARKVIEW MIXED USE DEVELOPMENT PROJECT CONSISTING -OF 59 RESIDENTIAL CONDOMINIUM UNITS, TWO COMMERCIAL SPACES TOTALING 6,512 SQUARE FEET, AND ASSOCIATED IMPROVEMENTS ON PROPERTY LOCATED AT 540, 558 AND 566 EAST CAMPBELL AVENUE AND 24 AND 34 DILLON AVENUE. File No. PLN2016-378. 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: Evidentiary Findings The proposed project includes an application for a Zoning Map Amendment (PLN2016-383) to amend the Campbell Zoning Map to rezone the project site from P-D (Planned Development) to C-P-D (Condominium Planned Development); a Planned Development Permit with Density Bonus (PLN2016-378) to allow construction of a mixed -use development project consisting of 59 residential condominium units, two commercial spaces totaling 6,512 square feet, and associated improvements; a Vesting Tentative Subdivision Map (PLN2016-380) to create 59 "air space" residential condominium unit parcels, one commercial unit parcel, and one common lot with associated site improvements; and a Tree Removal Permit (PLN2016-382) to allow removal of on -site protected trees. 2. The project site consists of five parcels located at 540, 558 and 566 East Campbell Avenue and 24 and 34 Dillon Avenue that would be merged as part of the Vesting Tentative Subdivision Map. 3. The project site is developed with a vacant auto center, a music store, and two unoccupied residential structures, all of which would be demolished as part of the proposed project. 4. Abutting land uses include commercial uses to the north, Campbell Park to the east, residential homes to the southeast, and commercial/industrial/office uses to the south and west. 5. The project site is designated by the Campbell General Plan Land Use Diagram as Central Commercial. City Council Ordinance 2259 Page 2 of 5 Approving a Planned Development Permit (PLN2016-378) 540, 558 and 566 East Campbell Avenue and 24 and 34 Dillon Avenue 6. The project site is located. in the East Campbell Avenue Master Plan (ECAMP) Area. 7. The project site is currently designated by the Campbell Zoning Map as P-D (Planned Development) and would be rezoned by to C-P-D (Condominium Planned Development). 8. The proposed project includes a 35% density bonus and two (2) incentives or concessions where at least 20% of the total residential units are target units affordable to low-income households based on affordable rents or ownership costs in compliance with the City's Inclusionary Ordinance, Density Bonus Ordinance, and California's Density Bonus Law. 9. The Planned Development Permit includes a density bonus concession for height and a density bonus concession for open space. 10. The proposed project would include 59 residential parking stalls in conformance with the City's Density Bonus Ordinance and 49 commercial parking stalls pursuant to Campbell Municipal Code (CMC) . Chapter 21.28 (Parking and Loading). The applicant is aware that future uses, including but not limited to restaurants, shall be limited by the available on -site parking in accordance with CMC Chapter 21.28. 11. The proposed project would result in approximately 36.24 dwelling units per gross acre, consistent with the General Plan, ECAMP, and California's Density Bonus Law. 12. The proposed Planned Development Permit (PLN2016-378) would be adopted by City Council Ordinance as required by CMC Section 21.12.030.H.10.c, because the project consists of the construction of more than twenty thousand square feet of gross floor area and more than twenty residential units. 13. The proposed Planned Development Permit (PLN2018-156) includes the required development plan associated with the proposed Zoning Map Amendment (PLN2016- 383) as specified by Campbell Municipal Code (CMC) Section 21.12.030.G.1 (Establishing the P-D zoning district). 14. The proposed Planned Development Permit (PLN2016-378) is considered in conjunction with a Tree Removal Permit and subject to approval of a Zoning Map Amendment (PLN2016-383) and a Vesting Tentative Subdivision Map (PLN2016- 380). 15. The Planned Development shall be subject to the provisions of the Covenants, Conditions and Restrictions, as necessary to ensure the long-term property maintenance and continued architectural integrity of the project. City Council Ordinance 2259 Page 3 of 5 Approving a Planned Development Permit (PLN2016-378) 540, 558 and 566 East Campbell Avenue and 24 and 34 Dillon Avenue 16. The Site and Architectural Review Committee reviewed the development plans on August 13, 2019 and made a report and recommendation on the application to the Planning Commission. 17. The Planning Commission reviewed the development plans on October 22, 2019 and recommended that the City Council approve the application. 18. In review of the proposed project, the City Council considered the landscaping; structure and site lay -out; and site circulation, traffic congestion, and traffic safety effects of the project. 19. No substantial evidence has been presented which shows that the project, as currently presented and subject to the required mitigation measures and conditions of approval, will have a significant adverse impact on the environment. Based upon the foregoing findings of fact, the City Council further finds and concludes that: 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 and with State Density Bonus Law. 4. The proposed development, subject to conditions of approval and mitigation measures, 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, mitigation measures, and the impacts of the project. 6. There is a reasonable relationship between the use of the park in -lieu fee imposed upon the project and the type of development project. a. The purpose of the park in -lieu fee is to establish and rehabilitate park and recreational facilities within the city. b. The revenue raised by payment of the park in -lieu fee shall be used to provide the parks and park improvements specified in the General Plan. The money collected shall be placed in a special park dedication in -lieu fund. Moneys within this fund shall be used and expended solely for the acquisition, improvement, expansion or implementation of parks and recreational facilities of the city. City Council Ordinance 2259 Page 4 of 5 Approving a Planned Development Permit (PLN2016-378) 540, 558 and 566 East Campbell Avenue and 24 and 34 Dillon Avenue c. The development of new residential land uses in the City of Campbell will generate additional demands on park and recreation facilities and equipment. d. Each new residential development project will generate demands on park and recreation facilities and the associated new park facilities and equipment are needed to provide those services. The City needs to acquire new park facilities and equipment to meet the demands of new residential development. e. The amount of the park in -lieu fee is based on the density of the project and is therefore .directly related to the number of new residential units that the project creates. 7. There is a reasonable relationship between the use of the traffic signal contribution amount imposed upon the project and the type of development project. a. The purpose of the traffic signal contribution is to fund the design and construction of the future traffic signal at the intersection of East Campbell Avenue and Page Street as identified in the East Campbell Avenue Master Plan. b. The traffic signal contribution will be combined with similar contributions from other nearby development projects and City funds to fund the costs associated with the design and construction of future traffic signal at the intersection of East Campbell Avenue and Page Street as identified in the East Campbell Avenue Master Plan. c. Per the East Campbell Avenue Master Plan, the future traffic signal at East Campbell Avenue and Page Street would allow for safe and predictable access and egress from the adjacent neighborhood area to the north. Development projects that generate new vehicular trips through this portion of East Campbell Avenue intensify the need for the traffic signal to provide a safe and orderly assignment of right-of-way through this intersection. d. This development benefits from the traffic signal by improving access to their site from the north, including improving pedestrian and bicycle safety and access of their residents and customers. e. The most recent cost estimate'for the traffic signal is $504,000.00. To date, the City has received $144,147 in contributions from other developments. This development's contribution is $187,123.56, leaving $172,729.44 in remaining contributions to be collected from anticipated redevelopment of an adjacent property. 8. 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 with Density Bonus (PLN2016-378) to allow construction of a mixed -use City Council Ordinance 2259 Page 5 of 5 Approving a Planned Development Permit (PLN2016-378) 540, 558 and 566 East Campbell Avenue and 24 and 34 Dillon Avenue development project consisting of 59 residential condominium units, two commercial spaces totaling 6,512 square feet, and associated improvements on property located at 540, 558 and 566 East Campbell Avenue and 24 and 34 Dillon 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 17th day of December 2019, by the following roll call vote: AYES: COUNCILMEMBERS: Bybee, Gibbons, Landry, Waterman NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Resnikoff ABSTAIN: COUNCILMEMBERS: None APPROVED- RicharA M. Waterman, Mayor ATTEST: Wend ood, City Clerk EXHIBIT A CONDITIONS OF APPROVAL Planned Development Permit (PLN2016-378) 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 with a density bonus (PLN2016-378) to allow construction of a mixed -use development project consisting of 59 residential condominium units, two commercial spaces totaling 6,512 square feet, and associated improvements, in conjunction with, and subject to a Zoning Map Amendment (PLN2016-383); a Vesting Tentative Subdivision Map (PLN2016-380); and a Tree Removal Permit (PLN2016-382) on properties located at 540, 558 and 566 East Campbell Avenue and 24 and 34 Dillon Avenue in the P-D (Planned Development) Zoning District. The project shall substantially conform .to the Project Plans (including architectural, civil, and landscaping sheets), dated as received by the Planning Division October 16, 2019, except as may be modified by the Conditions of Approval herein. 2. 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. 3. Zoning Map Amendment: The Planned Development Permit approval is contingent upon approval of the Zoning Map Amendment (PLN2016-383). 4. Subdivision Map: The Planned Development Permit approval is contingent upon approval of the Vesting Tentative Subdivision Map (PLN2016-380) and all conditions of approval included therein to divide the subject property. The Final Tract Map shall be recorded prior to the issuance of building permits. 5. Tree Removal Permit: The Planned Development Permit approval is contingent upon approval of the Tree Removal Permit (PLN2016-382) allowing the removal of trees in conflict with on and offsite improvements. Conditions of Approval for a Planned Development Permit (PLN2016-378) Page 2 540, 558 and 566 East Campbell Avenue and 24 and 34 Dillon Avenue 6. P-D Permit Expiration: The P-D Permit is valid for a period of two years from the date of final City Council approval. A building permit must be obtained within this two-year period or the P-D Permit shall be void. 7. Minor Modifications: Minor Modifications to the approved project plans are subject to review and approval by the Community Development Director. Minor modifications include alterations to upper story windows that are not oriented toward neighboring yards and result in an increase in window area of no more than one square foot and horizontal relocation of no more than one foot from the approved window location, and minor alterations to fagade material. All other modifications are subject to review at a public hearing. 8. Plan Revisions: Upon prior approval by the Community Development Director, all Minor Modifications to the approved project plans shall be included in the construction drawings submitted for Building Permit. The modifications shall include illustrating an internal corridor on the ground level floor plan that provides an internal connection for merchants to access the trash enclosure without the need to enter the front of the business and sidewalks. Any modifications to the Building plan set during construction shall require submittal of a Building Permit Revision and approval by the Building Official and Community Development Director prior to Final Inspection. 9. Revocation of Permit: Non-compliance with the conditions of approval specified herein or any standards, codes, or ordinances of the City of Campbell shall be grounds for consideration of revocation of the Planned Development Permit by the City Council. 10. Planning / Zoning Clearance: Planning Division clearance is required prior to issuance of any demolition, grading, and/or building permits. 11. Construction Schedule Plan: Prior to the issuance of grading or building permits for the project, the applicant shall submit a site plan and narrative description indicating the location, length of time and details of construction schedule. The construction schedule plan shall be subject to review and approval by the Community Development Director and the Public Works Director. One of the intents of the construction schedule is to ensure that construction of the retail component is linked to construction of the residential component, i.e., that the retail component is not the last component constructed. 12. Rough Faming/Planning Final Required: Planning Division sign -off is required prior to Rough Framing inspection and Building Permit final. Construction not in substantial compliance with the approved project plans shall not be approved without prior authorization of the necessary approving body. 13. Roof Screen: Prior to issuance of building permits for the applicant shall submit a detailed plan for any roof screens for review and approval by the Community Conditions of Approval for a Planned Development Permit (PLN2016-378) Page 3 540, 558 and 566 East Campbell Avenue and 24, and 34 Dillon Avenue Development Director. The roof screens shall be compatible with the overall design of the building in terms of color and material and must completely screen the equipment from view. The roof screen plan shall be subject to review and approval by the Community Development Director. 14. 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 City Council approved plan (grade, pad and drainage). 15. Utility Boxes and Back -Flow Preventers: The applicant shall submit a plan prior to installation of PG&E transformers and San Jose Water Company back -flow preventers, indicating the location of the facilities and screening for approval by the Community Development Director. 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. 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. 18. 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. 19. Pest Control: Prior to issuance of a demolition and/or building permit, the applicant shall be required to hire a pest control company to inspect the site for rodents and provide a report on the inspection to the City for review. If it has determined that rodents exist, a remediation plan shall be prepared by the pest control company and provided to the City for review and approval, and the remediation plan shall be implemented to rid the site of rodents prior to issuance of a demolition and/or building permit. 20. 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 the issuance of building permits. Conditions of Approval for a Planned Development Permit (PLN2016-378) Page 4 540, 558 and 566 East Campbell Avenue and 24 and 34 Dillon Avenue 21. '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. 22. Density Bonus / Inclusionary Housing Agreement: The applicant shall enter into a Density Bonus / Inclusionary Housing Developer and Regulatory Agreement and Declaration of Covenants and Restrictions with the City of Campbell and the City of Campbell's Housing Administrator ("Housing Agreement"). a. The Housing Agreement shall govern how the applicant shall comply with the City's Inclusionary and Density Bonus Ordinances, including but not limited to replacement of existing rental.units in compliance with section 21.20.080. b. Notwithstanding subsection "a" of this condition, 20% of the dwelling units shall be set aside as affordable to low-income households based on affordable rents or ownership costs in compliance with the City's Inclusionary Ordinance c. All affordable units shall be reasonably dispersed throughout the project and shall be comparable to the design of the market -rate units in terms of distribution of model types, number of bedrooms, appearance, materials and finished quality of the market -rate units in the project. There shall not be significant identifiable differences between affordable units and market -rate dwelling units which are visible from the exterior of the dwelling units and the size and design of the dwelling units shall be reasonably consistent with the market -rate units in the development. d. Affordable units shall have the same access to project amenities and recreational facilities as market -rate units. e. The Housing Agreement shall be approved by the Community Development Director and shall be recorded in the Official Records of Santa Clara County. Conditions of Approval for a Planned Development Permit (PLN2016-378) Page 5 540, 558 and 566 East Campbell Avenue and 24 and 34 Dillon Avenue 23. Owner Resale Restriction: A resale restriction, covenant, deed of trust and/or other documents acceptable to the Community Development Director or the Director's designee, shall be recorded against each affordable owner -occupied unit. a. These documents shall, in the case of affordable units which are initially sold, be for a term of forty-five years and shall be renewed at the change of each title for a period of forty-five years. b. Eligibility requirements. No household shall be permitted to begin occupancy of an affordable unit unless the city or its designee has approved the household's eligibility. 24. Covenants, Codes and Restrictions (CC&R's): Prior recordation of the Final 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 provisions. The draft CC&R's shall be accompanied with a response letter that indicates where in the CC&R's each of the following provisions has been addressed. 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. e. Provision that all landscaping —including private landscaping located in front, side, and rear yards —shall be maintained in compliance with the Model Water Efficient Landscape Ordinance (MWELO) Landscape Documentation Package. f. Provision of a funding mechanism to ensure maintenance and upkeep of common areas. g. Provision to provide ongoing maintenance of the required private roadways, landscaping, and etc. h. 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. i. Provision for regular monitoring and maintenance of the stormwater system, in accordance with the manufacturer's recommendations, including the permeable pavement system. j. Provision for regular monitoring and maintenance of the private sanitary system as described by the designing engineering, and as approved by the City Engineer. k. Provision for the availability of interior garage space for the parking of vehicles at all times. Conditions of Approval for a Planned Development Permit (PLN2016-378) Page 6 540, 558 and 566 East Campbell Avenue and 24 and 34 Dillon Avenue I. Provision to prohibit the use of outside parking spaces for storage purposes, including boats, trailers, and recreational vehicles. m. 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. n. Provision that requires that all landscaping, including but not limited infiltration plantings, be maintained as depicted on the final landscaping plan. o. Provision that all commercial parking stalls shall be reserved for commercial use only and shall not be reserved or otherwise restricted by individual homeowners. 25. Equal Access: The Home Owners Association shall maintain equal access to all common facilities and amenities by all residents (renters and homeowners) of the project. 26. Landscape Plan: The construction drawings for a building permit shall include a final landscape plan, that is consistent with the approved site plan, and including irrigation details and associated calculations, illustrating compliance with the California Model Water Efficient Landscape Ordinance. All replacement trees required by the Tree Removal Permit shall be noted as such. The Final Landscape Plan shall be approved by the Community Development Director. 27. 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. Conditions of Approval for a Planned Development Permit (PLN2016-378) Page 7 540, 558 and 566 East Campbell Avenue and 24 and 34 Dillon Avenue 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." 28. Commercial Uses: Permitted, Conditional and Prohibited Uses shall be those set forth in the C-3 zoning district. The types of uses allowed shall be limited by the available on -site parking in accordance with CIVIC Chapter 21.28 and the East Campbell Avenue Master Plan. 29. Commercial Tenant Permits: Those uses listed as permitted uses in the C-3 (Central Commercial) zoning district shall be considered permitted uses for the approved commercial -retail space, allowable with a Zoning Clearance in compliance with Chapter 21.40 of the Campbell Municipal Code. Those uses listed as conditional uses in the C-2 (General Commercial) zoning district shall require an Administrative Planned Development Permit in compliance with Chapter 21.12.030 of the Campbell Municipal Code. 30. Operational Hours: Operational hours shall be limited to 6 a.m. to 11 p.m. daily for retail uses. Businesses desiring operational and/or business hours exceeding this range shall apply for an Administrative Planned Development Permit for late -night operations. 31. Delivery Hours/Noise: Delivery hours shall be restricted to 8 a.m. to 8 p.m. Signing shall be installed at service doors notifying the restriction of delivery hours. 32. Signs: With the exception of the inclusion of several "wayfinding signs", no signs have been reviewed or approved by this application. The applicant shall obtain approval of a Sign Permit application, in conformance with current sign standards, including but not limited to any requirement for a Master Sign Plan. All signs shall be of a high quality and complement current signage in Downtown, with respect to size, color, and design. All signs on East Campbell Avenue shall substantially conform to the C-3 (Central Business) sign regulations, or the sign regulations that are applicable at the time of application submittal. 33. 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 (CIVIC 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. Conditions of Approval for a Planned Development Permit (PLN2016-378) Page 8 540, 558 and 566 East Campbell Avenue and 24 and 34 Dillon Avenue 34. Trash and Recycling Enclosure: The applicant shall submit details regarding the design and location of a trash and recycling enclosure(s) to the Planning Division for review and approval by the Community Development Director prior to the issuance of building permits for the project. a. Trash Containers of a size and quantity necessary to serve the new buildings shall. be in areas approved by the Fire Department and Community Development Director. b. Unless otherwise noted, enclosures shall consist of a concrete floor surrounded by a six-foot high solid wall and have decorative doors and designed to be architectural compatible to the buildings. The enclosure shall be constructed at grade level and have a level area adjacent to the trash enclosure area to service the containers. Driveways or aisles shall provide unobstructed access for collection vehicles and personnel and provide at least the minimum clearance required by the. collection methods and vehicles utilized by the designated collector. The wall, gate and surface inside the enclosure must be kept in sound repair and condition. The refuse and recycling containers shall be kept in the enclosure at all times except when being emptied by collection personnel. c. Areas around trash enclosures, recycling areas, and/or trash compactor enclosures shall not discharge to the storm drain system. Any drains installed in or beneath dumpster and compactor facilities shall be connected to the sanitary sewer. The applicant shall contact the West Valley Sanitation District for specific connection and discharge requirements. 35. Outdoor Storage: No outdoor storage is permitted on the property. No construction equipment, construction vehicles, and/or construction debris shall be parked and/or stored on the property, except during the course of construction. 36. Location of Mechanical Equipment: No roof -mounted mechanical equipment, i.e. air conditioning units, shall be located on the roof of building without providing screening of the mechanical equipment from public view and surrounding properties. Screening material and method shall require review and approval by the Community Development Director prior to installation of such mechanical equipment screening. 37. Roof Vents: The applicant shall coordinate mechanical and plumbing plans to minimize the number of roof vents that are visible from the street frontage. The applicant shall provide the location of such vents on the building plan elevations and roof plans, to the satisfaction of the Community Development Director, prior to issuance of a building permit. 38. Landscape Maintenance: The owner/operator of the property shall provide on -going maintenance of the required landscaping for the project. 39. 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 Conditions of Approval for a Planned Development Permit (PLN2016-378) Page 9 540, 558 and 566 East Campbell Avenue and 24 and 34 Dillon Avenue shut, or be demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). 40. Sidewalk Maintenance: The owner/operator of the property shall provide on -going maintenance of the sidewalks and shall pressure wash the sidewalks as necessary or as required by the Community Development Director or Director of Public Works to remove all spills, gum and food. Sidewalks and parking lots shall be swept regularly to prevent the accumulation of litter and debris. Debris resulting from pressure washing shall be trapped and 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 shall not be discharged to a storm drain. The applicant shall contact the West Valley Sanitation District for specific connection and discharge requirements. 41. Graffiti Removal: The property owner shall be responsible for the removal of any graffiti from walls, fences or structures on the project site within one week of notification by the Community Development Director or their designate. 42. Parkinq: All parking shall be developed in compliance with Chapter 21.28 of the Campbell Municipal Code and the approved project plans. a. Property owner and/or operator shall maintain a minimum of 49 commercial parking stalls, and 59 residential stalls, for a total of 108 stalls. b. No commercial use shall be permitted occupancy unless there is sufficient parking to accommodate such use in accordance with the City's parking requirements. 43. Soil Remediation: If a different construction type or remediation plan is proposed by the applicant or required by the City as a condition of approval, the applicant shall update the Vapor Intrusion Risk Evaluation Report and Site Remedial Plan accordingly and shall obtain written approval from the Santa Clara County Department of Environmental Health for the proposed remediation, prior to the issuance of building permits. The County or City may also require a Deed Restriction depending on the approved mitigation. 44. Planninq Mitigation Monitorinq Fee: Prior to building permit issuance, the applicant shall pay a minimum $4,000.00 deposit to cover the actual staff cost, at the rate of Assistant Planner, to ensure compliance with the mitigation monitoring and with the conditions of approval specified herein. 45. Biological Resource Surveys: If tree removal activities take place during the breeding/nesting season (February 1 through August 31), disturbance of nesting activities could occur. To avoid take of any active raptor nest or significant impacts to nesting birds, necessary tree removal should occur outside of the nesting season (February 1 through August 31). If tree removal must occur at any time during the typical nesting season, a pre -construction survey should be conducted by a qualified Conditions of Approval for a Planned Development Permit (PLN2016-378) Page 10 540, 558 and 566 East Campbell Avenue and 24 and 34 Dillon Avenue biologist no more than 15 days prior to initiation of proposed development activities. If active nests are found on or immediately adjacent to the subject property, the California Department of Fish and Wildlife should be contacted to determine appropriate avoidance measures. If no nesting is found to occur, necessary tree removal could then proceed. 46. Initial Study Mitiqation Measures:, Pursuant to the Mitigated Negative Declaration, and as specified in the Final Initial Study, the following mitigation measures shall be incorporated into the project: a. Air Quality Mitigation Measure AQ-1: The project shall implement all of the BAAQMD's Basic Construction measures, as follows: AQ-1.1: All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times .per day, unless otherwise directed by the Site Management Plan. AQ-1.2: All haul trucks transporting soil, sand, or other loose material off -site shall be covered. AQ-1.3: All visible mud or dirt track -out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. AQ-1.4: All vehicle speeds on unpaved roads shall be limited to 15 mph. AO-1.5: All -roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. AQ-1.6: Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time 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. AQ-1.7: All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified visible emissions evaluator. AQ-1.8: 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. b. Air Quality Mitigation Measure AQ-2: Prior to issuance of a demolition permit for any on -site structures, the Developer shall consult with certified Asbestos and/or Lead Risk Assessors to complete and submit for review to the Community Development Director an asbestos and lead survey. It has already Conditions of Approval for a Planned Development Permit (PLN2016-378) Page 11 540, 558 and 566 East Campbell Avenue and 24 and 34 Dillon Avenue been determined that asbestos- and lead containing materials are present on the subject property. Therefore, the project applicant shall prepare a work plan, consistent with the requirements of the City. The work plan shall demonstrate how the on -site asbestos- and/or lead -containing materials will be removed in accordance with current California Occupational Health and Safety Administration (Cal -OSHA) regulations and disposed of in accordance with all California Environmental Protection Agency regulations, prior to the demolition and/or removal of the on -site structures. The plan shall include the requirement that work shall be conducted by a Cal -OSHA registered asbestos and lead abatement contractor in accordance with Title 8 CCR 1529 and Title 8 CCR 1532.1 regarding asbestos and lead training, engineering controls, and certifications. The applicant shall submit the work plan to the City for review and approval. Materials containing more than one percent asbestos that is friable are also subject to BAAQMD regulations. Removal of materials containing more than one percent friable asbestos shall be completed in accordance with BAAQMD Section 11-2-303. c. Cultural Resources 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. d. Cultural Resources 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. e. Geology and Soils Mitigation Measure GS-1: An updated Geotechnical Investigation Report shall be prepared by a licensed Geotechnical Engineer specializing in soils mechanics, and shall include recommendations for construction (e.g., earthwork, foundation, slab construction, retaining wall design, etc.). The updated Geotechnical Investigation Report shall be in substantial compliance with the, City Council approved entitlements, project conditions of approval, and City required mitigation measures to address Conditions of Approval for a Planned Development Permit (PLN2016-378) Page 12 540, 558 and 566 East Campbell Avenue and 24 and 34 Dillon Avenue potentially significant environmental impacts. The Geotechnical Investigation Report shall be submitted to the Community Development Director for review and approval prior to application for a building permit. Geology and Soils Mitigation Measure GS-1.1: The City approved (updated as necessary and date stamped) Geotechnical Investigation Report recommendations shall be incorporated into the project's final engineering design and associated (date stamped) plans including but not limited to specific building details, grading, foundation, foundation loads, utility, demolition, etc. Geology and Soils Mitigation Measure GS-1.2: The Geotechnical Engineer shall review the final engineering design and associated (date stamped) plans and shall provide a signed "clean" geotechnical plan review letter, stating that the (date stamped) plans are in substantial compliance with the City approved (updated as necessary and date stamped) Geotechnical Investigation Report. This final "clean" geotechnical plan review letter shall be required with or without project changes. Geology and Soils Mitigation Measure GS-1.3: Prior to issuance of building permits to begin work, the plans and building permit applications shall be approved by the Community Development Director and shall be consistent with the City approved (updated as necessary and date stamped) Geotechnical Investigation Report and "clean" geotechnical plan review letter. Geology and Soils Mitigation Measure GS-1.4: The plans submitted for a building permit shall include the following note which shall be adhered to: "Earthwork, slab subgrade and non -expansive fill preparation, foundation and slab construction, retaining wall drainage and backfilling, utility trench backfilling, tieback/soil nail installation and testing, shoring pier installation, pavement subgrade and aggregate base construction and site drainage shall be performed as recommended in the City approved (updated as necessary and date stamped) Geotechnical Investigation Report and "clean" geotechnical plan review letter. Geology and Soils Mitigation Measure GS-1.5: Construction Observation and Testing: The earthwork, foundation, shoring, drainage, and slab construction phases of construction shall be observed and tested by the Geotechnical Consultant to 1) confirm that subsurface conditions are compatible with the City approved (updated as necessary and date stamped) Geotechnical Investigation Report and "clean" geotechnical plan review letter; 2) confirm compliance with the City approved Geotechnical Investigation Report and "clean" geotechnical plan review letter and plans including but not limited to concepts, specifications, and recommendations; and 3) allow design changes (upon City approval) in the event that site conditions differ from those anticipated. Conditions of Approval for a Planned Development Permit (PLN2016-378) Page 13 540, 558 and 566 East Campbell Avenue and 24 and 34 Dillon Avenue Geology and Soils Mitigation Measure GS-1.6: In the event of changes in the nature, design, or location of the project as currently proposed, or if any future improvements are planned, the conclusions and recommendations presented in the geotechnical reports shall not be considered valid unless: 1) the project changes are reviewed by the licensed Geotechnical Engineer to confirm the accuracy and adequacy of the geotechnical reports including the conclusions and recommendations; and 2) the conclusions and recommendations presented in the geotechnical reports are verified in writing to still be satisfactory to the City of Campbell; or 3) the conclusions and recommendations have been amended as necessary to be satisfactory to the City of Campbell. Geology and Soils Mitigation Measure GS-2 The project shall conform to the requirements of all applicable Building Codes (as determined by the City of Campbell) to reduce the potential for seismic damage and risk to future occupants, and to minimize damage from seismic shaking, unsuitable fill, and other geological deficiencies. g. Hazardous Materials Mitigation Measure HHM-1: The applicant shall obtain all required permits, licenses, and/or other clearances, and shall comply with all orders, laws, regulations, and/or other requirements of all applicable regulatory and/or enforcement agencies, such as, but not limited to the Santa Clara County Department of Environmental Health, the California Highway Patrol, the California Department of Transportation, Water and Air Quality Control Boards, Valley Water, County Fire Department, the Department of Toxic Substances Control (if applicable), etc. h. Hazardous Materials Mitigation Measure HHM-2: The applicant shall comply with all local, state, and federal requirements with regard to the transport of any clean soil, contaminated soil, hazardous waste/materials, or other regulated waste/materials. Hazardous Materials Mitigation Measure HHM-3: The applicant shall prepare an updated Site Remedial Plan for the excavation and proper disposal of contaminated soil off -site at the appropriate Class I and Class II landfills. The quantity of soil to be removed (preliminarily estimated to be approximately 5,800 cubic yards) shall be calculated and submitted to the City of Campbell Planning Division for acceptance prior to excavation. The updated Site Remedial Plan shall be approved by the Santa Clara County Department of Environmental Health, prior to the issuance of building permits. Hazardous Materials Mitigation Measure HHM-4: Prior to the construction of above grade structures, all contaminated soil, exceeding the regulatory thresholds, shall be excavated and disposed of off -site at the appropriate Class I and Class II landfills, in accordance with the Site Remedial Plan (as approved by the City and the Santa Clara County Department of Environmental Health). Conditions of Approval for a Planned Development Permit (PLN2016-378) Page 14 540, 558 and 566 East Campbell Avenue and 24 and 34 Dillon Avenue k. Hazardous Materials Mitigation Measure HHM-5: Prior to issuance of the Certificate of Occupancy, the applicant shall obtain written confirmation via a Closure Letter from the DEH that certifies that the cleanup goals or mitigation measures have been accomplished and that no further action is required. Noise Mitigation Measure N-1: All windows and glass doors shall be dual glazed with a minimum STC rating of 28 (or equivalent) in order to achieve an interior noise level standard of 45 dB CNEL. m. Noise Mitigation Measure N-2: Residential units shall include air conditioning units to allow residents to close windows and doors for acoustical isolation. n. Noise Mitigation Measure N-3: Construction activities shall comply with Campbell Municipal Code restrictions. o. Noise Mitigation Measure N-4: Mechanical equipment associated with commercial uses and used for air conditioning shall be mounted inside a mechanical room or shielded from adjacent residences. Deliveries shall be confined to the daytime hours between 7:00 a.m. and 7:00 p.m. p. Noise Mitigation Measure N-5: The rooftop courtyard parapet shall be constructed of solid materials with a density of 2.5 Ibs/square feet and a height of 5.5 feet, without gaps to allow flanking of the traffic noise. q. Noise Mitigation Measure N-6: Use of the rooftop courtyard shall be restricted to the hours of 7:00 a.m. to 10:00 p.m. with restrictions on the use of amplified music and other loud noises such as elevated voices. Any special event planned in the courtyard shall require approval from the manager and notification of any residences within 200-feet. Building Division: 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. To the satisfaction of the building division manager/building official: 47. Permits Required: A building permit application shall be required for the proposed new mixed -use structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. Conditions of Approval for a Planned Development Permit (PLN2016-378) Page 15 540, 558 and 566 East Campbell Avenue and 24 and 34 Dillon Avenue 48. Construction Plans: The conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 49. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 50. 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. 51. 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. 52. 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. 53. Job Site Manager. Every permitted job shall have an identified person to manage the work and be responsive to issues that come up during construction. It is important to identify this person and provide contact information to the Building Inspector at the beginning of the construction process. When a change is made concerning site manager, the inspector shall be made aware of the new person and contact information. 54. Construction Debris. At the end of each construction day, attention shall be made to collect and manage construction waste and debris. Trash must be covered and removed from the site as soon as reasonable. Respect the neighbors and keep a clean site. Sites that fail to manage trash can and will be cited. 55. Construction Hours. Every Permitted job is required to observe the permitted hours of construction. Construction work is allowed from 8:OOam to 5:OOpm Monday thru Friday. Construction is allowed on Saturdays from 9:OOam to 4:OOpm. No work is allowed on Sundays or Legal U.S. Holidays. Workers showing up at job sites before the permitted times may create a problem and shall be discouraged from arriving earlier than 15 minutes before permitted times. Material deliveries shall never be scheduled before permitted hours. It is the responsibility of the Contractor to manage and coordinate deliveries. Citations and/or Stop Work Notices will be issued to Contractors violating the permitted hours. 56. Dust and Dirt. Many jobs will create dust and dirt on the street. When it rains, sites may have mud running into the sidewalk and street. All job sites must keep all rain runoff on the site and prevent water from running from the site into the gutter and street. Vehicles tracking mud and dirt into the street require cleanup and keeping Conditions of Approval for a Planned Development Permit (PLN2016-378) Page 16 540, 558 and 566 East Campbell Avenue and 24 and 34 Dillon Avenue the_ sidewalks and streets clean. Failure to manage the dirt, dust and mud, may result in a `Stop Work' notice and/or a citation. 57. Music and Unnecessary Noise. Radios and loud music or other noise not related to construction is discouraged and will keep the neighbors from complaining. Earbuds are a good way to keep the music playing and not a problem for the neighbors. Job sites are not a good.place for a worker's dog. Animals should be left at home. 58. 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 59. Title 24 Energy Compliance: California Title 24 Energy Compliance forms CF-1 R and MF-1 R shall be blue -lined on the construction plans. 8Y2 X 11 calculations shall be submitted as well. 60. California Access Requirements: This project shall comply fully with California Access Requirements Chapter 11A & 11 B CBC 2016. 61. 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 Section 106. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 62. 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. 63. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: West Valley Sanitation District (378-2407) Santa Clara County Fire Department (378-4010) Bay Area Air Quality Management District (Demolitions Only) San Jose Water Company (279-7900) School District: Conditions of Approval for a Planned Development Permit (PLN2016-378) Page 17 540, 558 and 566 East Campbell Avenue and 24 and 34 Dillon Avenue a. Campbell Union School District (378-3405) b. Campbell Union High School District (371-0960) c. Moreland School District (379-1370) d. 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. 64. 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. 65. 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. 66. Green Building Code: This project will be subject to the mandatory requirements of Chapter 4 & 5 of the California Green Building Code 2016 ed. respectively. PUBLIC WORKS DEPARTMENT 67. This project is subject to the "East Campbell Avenue Master Plan. The master plan can be found on the City website at http://www.citvofcampbell.com/166/Zoning-and- Land-Use under the "General Plan/Guidelines/ Maps" column. The goal of the plan is to "enhance the perception of the downtown beyond the loop streets through land use patterns, traffic circulation and urban design". The insufficient public right- of-way along the north side of E. Campbell Avenue corridor (561 to 653 E. Campbell Avenue) limits the full implementation of this portion of the East Campbell Avenue Master Plan and therefore the improvements included with this development are considered "interim". 68. Preliminary Civil EngineeringPlans: These Conditions are a supplement to the plans prepared by Civil Engineering Associates dated October 24t", 2018. The plans are not approved for construction. Further plan checking by Public Works will be required post entitlement. These are additional comments that will require modifications post entitlement: Conditions of Approval for a Planned Development Permit (PLN2016-378) Page 18 540, 558 and 566 East Campbell Avenue and 24 and 34 Dillon Avenue a.. Stormwater Management Plan Sheet C.6 — TCM #9 will require a reasonable accessibility pathway for maintenance without having to walk or carry equipment and materials in the biotreatment. 69. Preliminary Title Report: Upon submittal of the Final Tract Map, the applicant shall provide a current (within the past 3. months) Preliminary Title Report. (Additional comments may be generated from this report). 70. Condominium Plan: Prior to building occupancy, the applicant shall submit a Condominium Plan and submit the map in a digital format acceptable to the City. 71. Covenants, Conditions, and Restrictions: Provide copies of CC&Rs for review by the City prior to recordation of the Final Tract Map and CC&R's. Maintenance of the stormwater treatment facilities shall be part of the CC&Rs. The CC&Rs should also reference the "Covenants for the Operation and Maintenance of Stormwater Facilities" and the "Stormwater Management Plan". All biotreatment facilities located in private and public areas within the project shall be maintained/replaced/inspected to perpetuity under the governing body of the HOA and not by individual homeowners. 72. Right -of -Way for Public Street Purposes: Upon recordation of the Final Tract Map, the applicant shall fully complete the process to cause additional right-of-way to be granted in fee for public street purposes along the East Campbell Avenue frontage, the Dillon Avenue and Gilman Avenue frontages to accommodate the necessary street widths for public improvements. The applicant shall submit the necessary documents for approval by the City Engineer, process the submittal with City staff's comments and fully complete the right-of-way process. 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. 73. Public Service Easement: Prior to the recordation of the Final Tract Map and prior to the approval of the grading plans, the applicant shall grant any necessary public service easements on private property needed for this development contiguous with the public right-of-way along the E Campbell Avenue/Gilman Avenue/Dillon Avenue 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. 74. Demolition: Prior to recording of the Final Tract Map the applicant shall obtain a demolition permit and remove any nonconforming structures. Note existing buildings may require testing for materials containing PCB's, and proper removal and disposal should any be found. Additionally, prior to issuance of a demolition permit for the site, the applicant shall contact VTA for any temporary bus stop closure, temporary relocation, or any work that intermittently impedes the bus stop area. The applicant shall coordinate with Conditions of Approval for a Planned Development Permit (PLN2016-378) Page 19 540, 558 and 566 East Campbell Avenue and 24 and 34 Dillon Avenue VTA for the approval of a temporary relocation of the bus stop. Contact email: bus.stop(a')_vta.orq. Any temporary relocation shall be completed prior to the issuance of the demolition permit. A, separate encroachment permit with the City of Campbell will be required for the temporary relocation. VTA must notify their drivers and provide a safe route and access for users. 75. Final Tract Map: Prior to issuance of any grading or building permits for the project, the applicant shall submit a Final Tract Map for recordation upon approval by the City, pay various fees/deposits and submit the map in a digital format acceptable to the City. 76. Monumentation for Final Tract Map: Prior to recordation of the Final Tract Map, the applicant shall provide a cash deposit (100% of the monument estimate) for setting all monuments shown on the map. Monuments shall be set per section 20.76.010 of the Campbell Municipal Code including but not limited to setting permanent pipe monuments (three -fourths inch galvanized steel pipe two feet long approximately six inches below finished grade) at each boundary of all lot corners within a subdivision, along the exterior boundary lines at intervals of approximately five hundred feet and at all beginning of curves and ending of curves on property lines, and monument boxes at intersections of all street monument line tangents. 77. Soils Report: Prior to recordation of the Final Tract Map, the applicant shall provide a soils report prepared by a registered geotechnical or civil engineer. 78. Grading and Drainage Plan: Prior to recordation of the Final Tract 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. 79. Storm Drain Area Fee: Prior to recordation of the parcel Final Tract Map, the applicant shall pay the required Storm Drain Area fee, currently set at $2,350.00 per net acre, which is $2,679.00. 80. 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. Additionally, per Section 20.36.150 of the Campbell Municipal Code, utility facilities adequate to supply communication, electrical, gas, water and fire protection service to each lot of the subdivision shall be constructed and installed within the subdivision. 81. Existing Utility Boxes and Lids: Existing and proposed private utilities shall be installed on private property. All others shall be installed outside of the pedestrian Conditions of Approval for a Planned Development Permit (PLN2016-378) Page 20 540, 558 and 566 East Campbell Avenue and 24 and 34 Dillon Avenue path of travel behind the back of curb. Utility boxes and lids shall be adjusted to grade. Any damaged or non-ADA utility boxes and lids shall be replaced 82. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer cleanout(s) shall be installed on private property behind the public right-of- way line. 83. Undergroundinq Street Frontage Utilities: All overhead utility lines along the project's public street frontages shall be installed underground per Section 21.18.140 of the Campbell Municipal Code. Prior to the recordation of the Final Tract Map, a joint trench plan shall be submitted for review. Applicant shall comply with all utility applications, plan submittals, permitting, and fee requirements of the serving utility companies. Please note that the Municipal Code does not allow the setting of new poles, therefore the project is required to underground to the next existing pole beyond the project's frontage. Upon submittal of the Final Tract Map, the applicant shall submit for review, the preliminary joint trench plan concurrently with the Final Tract Map, On -Site Grading Plans and the Off -Site Street Improvement plans. 84. 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. 85. Pavement Restoration: The applicant shall restore the pavement in compliance with City standard requirements. In the event that the roadway has recently received a pavement treatment or reconstruction, the project will be subject to the City's Street Cut Moratorium. The applicant will be required to perform enhanced pavement restoration consistent with the restoration requirements associated with the Street Cut Moratorium. The City's Pavement Maintenance Program website (https://www.ci.campbell.ca.us/219) has detailed information on the streets currently under moratorium and the enhanced restoration requirements. Civil plans should indicate the pavement restoration from the lip of gutter to the extents of the furthest utility. All pavement work shall extend to the most distant utility trench and pavement restoration shall encompass all utility trenches creating one rectangle. All striping work shall be repainted/restriped within the limits of the project in its entirety and not intermittently. 86. Street Improvements (Agreements/Plans/Encroachment Permit/Fees/Deposits): Prior to recordation of the Final Tract 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 Conditions of Approval for a Planned Development Permit (PLN2016-378) Page 21 540, 558 and 566 East Campbell Avenue and 24 and 34 Dillon Avenue the standard public street improvements, as required by the City Engineer. The plans shall include the following, unless otherwise approved by the City Engineer: E. Campbell Avenue: a. Show location of all existing/proposed utilities within the new and existing public right of way. b. Relocation of all existing/new 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, curb and gutter. d. Removal of existing street section to centerline as required by the City Engineer. e. Installation of City approved street trees, and irrigation at 40 feet on center. f. Installation of City standard curb, gutter, sidewalk, Accessibility Ramps including all accessibility ramps necessary for the new signalized intersection at E Campbell Avenue and Page Street. g. Installation of City standard corner bulb -outs, mid -block bulb -outs, curbside parking on E Campbell Avenue, an enhanced pedestrian crossing in accordance with City Standard details and the East Campbell Avenue Master Plan. h. Installation of street tree grates, trash receptacles, pedestrian oriented street lights, benches, bike racks at the corner bulb -outs on Dillon and Gilman Avenue. i. Installation of engineered structural pavement section to centerline, as required by the City Engineer. j. Installation of asphalt concrete overlay per street pavement restoration plan for utility installation and/or abandonment, as required by the City Engineer. k. Installation of decorative LED streetlights, conduits, conductors, pull boxes, and related facilities on E. Campbell Avenue in accordance with the City of Campbell's Street Lighting Policies and City of Campbell Electrical Specifications and Details - Dated December 2006. Provide any necessary easements for street light purposes. Installation and replacement of any traffic control, stripes and signs. m. Construction of conforms to existing public and private improvements, as necessary. n. Submit final plans in a digital format acceptable to the City Gilman Avenue: a. Show location of all existing/proposed utilities within the new and existing public right of way. Conditions of Approval for a Planned Development Permit (PLN2016-378) Page 22 540, 558 and 566 East Campbell Avenue and 24 and 34 Dillon Avenue b. Relocation of all existing/new 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 curb and gutter and sidewalk. d. Removal of existing street section to centerline as required by the City Engineer. e. Installation of City approved street trees, and irrigation at 40 feet on center. f. Installation of City standard curb, gutter, sidewalk, Accessibility Ramp and ADA compliant driveway approach. (Pedestrian push button adjustments may be required to conform to accessibility requirements). g. Installation of engineered structural pavement section to centerline, as required by the City Engineer. h. Installation of asphalt concrete overlay per street pavement restoration plan for utility installation and/or abandonment, as required by the City Engineer. i. Installation of decorative LED streetlights, conduits, conductors, pull boxes, and related facilities on Gilman Avenue in accordance with the City of Campbell's Street Lighting Policies and City of Campbell Electrical Specifications and Details - Dated December 2006. j. Installation and replacement of any traffic control, stripes and signs. k. Construction of conforms to existing public and private improvements, as necessary. I. Submit final plans in a digital format acceptable to the City. Dillon Avenue: a. Show location of all existing/proposed utilities within the new and existing public right of way. b. Relocation of all existing/new 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 curb and gutter. d. Removal of existing street section to centerline as required by the City Engineer. e. Installation of City approved street trees, and irrigation at 30 feet on center. f. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway approaches. g. Installation of City standard Accessibility Ramps at the corner of Dillon Avenue and E. Campbell Avenue. h. Installation of engineered structural pavement section to centerline, as required by the City Engineer. Conditions of Approval for a Planned Development Permit (PLN2016-378) Page 23 540, 558 and 566 East Campbell Avenue and 24 and 34 Dillon Avenue Installation of asphalt concrete overlay per street pavement restoration plan for utility installation and/or abandonment, as required by the City Engineer. Installation of decorative LED streetlights, conduits, conductors, pull boxes, and related facilities on Dillon Avenue in accordance with the City of Campbell's Street Lighting Policies and City of Campbell Electrical Specifications and Details - Dated December 2006. Provide any necessary easements for street light purposes. k. Installation and replacement of any traffic control, stripes and signs. I. Construction of conforms to existing public and private improvements, as necessary. m. Submit final plans in a digital format acceptable to the City. 87. Street Improvements Completed for Occupancy and Building Permit Final: The applicant shall have the required street improvements and pavement restoration, as shown on the applicant's approved Street Improvement Plan, installed and accepted by the City, and the design engineer shall submit as -built drawings to the City prior to allowing occupancy and final building permit signoff for any buildings. 88. 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. 89. 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. 90. NPDES General Construction Permit (NOI — Notice of Intent): Prior to issuance of any grading or building permits, the applicant shall comply with the NPDES General Construction 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. This applies to all projects which disturb a land area of one acre or more. Disturbance includes grading, filling, grubbing, clearing, vegetation removal, building, demolition etc. 91. 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 Conditions of Approval for a Planned Development Permit (PLN2016-378) Page 24 540, 558 and 566 East Campbell Avenue and 24 and 34 Dillon Avenue 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 Subdivision 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 Tract 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: c. 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. d. The applicant shall provide security for the operation and maintenance of stormwater pollution prevention measures installed or provided as a part of this project. Conditions of Approval for a Planned Development Permit (PLN2016-378) Page 25 540, 558 and 566 East Campbell Avenue and 24 and 34 Dillon Avenue 92. Traffic Mitigation: Upon recordation of the Final Tract Map, the applicant shall satisfy the traffic recommendations as outlined in the Traffic Impact Analysis (TIA) for Cresleigh Homes Mixed Use Development by TJKM, and as follows: a. The applicant shall work with the Public Works Department to implement the East Campbell Avenue Master Plan, with simultaneous side street phasing at Page Street and Gilman Avenue. b. The applicant shall work with the Public Works Department to install stop control at all the project driveways with appropriate pavement delineation and signing to enhance traffic safety and operations at the driveways. c. The project applicant shall coordinate with the Public Works Department and jurisdictional staff to determine the appropriate transit amenities to be added along the project frontage and at other nearby stops. d. The applicant shall remove on -street parking on the west side of the project frontage on Gilman Avenue (north of the driveway) between the project driveway and E. Campbell Avenue/Gilman Avenue intersection and 20 feet on the south of the driveway. Alternatively, some of the curb space can be designated for loading purposes for short term garbage and deliveries. e. The applicant shall remove on -street parking on the east side of the project frontage on Dillon Avenue between the project driveway and E. Campbell Avenue/Dillon Avenue intersection and 20 feet beyond. 93. VTA Bus Stop: Prior to issuance of any building or grading permits for the site, the applicant shall include and show on the Off -Site Street Improvement plans the construction of the new permanent,VTA bus stop that will be located east (far side) of the intersection of Gilman and Campbell Ave fronting Campbell Park. Applicant will be required to meet VTA's bus stop requirements and the City's public improvements requirements including but not limited to the removal of existing park strip, bushes, irrigation work and concrete work to provide ADA accessibility for the bus users. Extent of work shall be shown on the street improvement plans in order to conform to existing conditions. Any utilities within the pedestrian path of travel maybe required to be relocated to meet ADA standards and cross slopes. Construction of the bus stop must be completed and operable prior to issuance of a Certificate of Occupancy (or a TCO). 94. 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. 95. 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 Conditions of Approval for a Planned Development Permit (PLN2016-378) Page 26 540, 558 and 566 East Campbell Avenue and 24 and 34 Dillon Avenue required public improvements installed and accepted by the City, and the design engineer shall submit as -built drawings to the City. 96. New Traffic Signal (Page Street/E Campbell Avenue): Prior to issuance of any building permits the applicant shall post a $187,124.00 payment towards the construction of a future traffic signal at the intersection of East Campbell Avenue and Page Street. In addition, the applicant's Street Improvement Plans shall demonstrate to the satisfaction of the Public Works Director that the frontage improvements being constructed as part of this project will allow for the orderly installation of the future traffic signal facilities (poles, foundations, cabinets, conduits, etc.). FIRE DEPARTMENT 97. 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. 98. Fire Sprinklers Required: (As noted on Sheet AO) Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the locations described in this Section or in Sections 903.2.1 through 903.2.18 whichever is the more restrictive. For the purposes of this section, firewalls used to separate building areas shall be constructed in accordance with the California Building Code and shall be without openings or penetrations. 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 submit p lans, 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 CIVIC. 99. Emergency Radio Responder Coverage: (As noted on Sheet AO) Emergency responder radio coverage in new buildings. All new buildings shall have approved radio coverage for emergency responders within the building based upon the existing coverage levels of the public safety communication systems of the jurisdiction at the exterior of the building. This section shall not require improvement of the existing public safety communication systems. Refer to CFC Sec. 510 for further requirements. 100. Standpipes Required: (As noted on SheetAO) Standpipe systems shall be provided in new buildings and structures in accordance with this section. Fire hose threads used in connection with standpipe systems, shall be approved and shall be compatible with fire department hose threads. The location of fire department hose connections shall be approved. Standpipes shall be manual wet type. In buildings Conditions of Approval for a Planned Development Permit (PLN2016-378) Page 27 540, 558 and 566 East Campbell Avenue and 24 and 34 Dillon Avenue used for high -piled combustible storage, fire hose protection shall be in accordance with Chapter 32. Installation standard. Standpipe systems shall be installed in accordance with this section and NFPA 14 as amended in Chapter 47. CFC Sec. 905. 101. Water Supply Requirements: 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). 2016 CFC Sec. 903.3.5 and Health and Safety Code 13114.7. 102. Public/Private Fire Hydrant(s) Required: (As noted on Sheet A32) Three public fire hydrants are provided at acceptable locations with FDC locations noted to be within 100 feet of a hydrant. Maximum hydrant spacing is within 500 feet, with a minimum single hydrant flow of 500 GPM at 20 psi, residual. Fire hydrants are provided along required fire apparatus access roads and adjacent public streets. CFC Sec. 507, and Appendix B and associated Tables, and Appendix C. 103. Required Fire Dept. Access: (As noted on Sheet A32) Commercial and Industrial Developments 1. Buildings or facilities exceeding 30 feet or three stories in height shall have a least two means of fire apparatus access for each structure, 2. Buildings or facilities having a gross building area of more than 62,000 square feet (5760 mm) shall be provided with two separate and approved fire apparatus access roads. Exception: Projects having a gross building area of up to 124,000 square feet (11520 mm) that have a single approved fire apparatus access road when all buildings are equipped throughout with approved automatic sprinkler systems. Multi -Family Residential Developments (R-1 & R-2 occupancies) 1. Multi -family residential projects having more than 100 dwelling units shall be equipped throughout with two separate and approved fire apparatus access roads. CFC Sec. Chp. 5 as adopted and amended by CIVIC. 104. 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 CFC Sec. 501.4. Conditions of Approval for a Planned Development Permit (PLN2016-378) Page 28 540, 558 and 566 East Campbell Avenue and 24 and 34 Dillon Avenue 105. Ground Ladder Access: (As noted on Sheet A32) 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. 503 and 1029 NFPA 1932 Sec. 5.1.8 through 5.1.9.2. 106. Required Aerial Access: (As noted on Sheet A32) 1. Where required: Buildings or portions of buildings or facilities exceeding 30 feet (9144 mm) in height above the lowest level of fire department vehicle access shall be provided with app roved fire apparatus access roads capable of accommodating fire department aerial apparatus. Overhead utility and power lines shall not be located within the aerial fire apparatus access roadway. 2. Width: Fire apparatus access roads shall have a minimum unobstructed width of 26 feet (7925) in the immediate vicinity of any building or portion of building more than 30 feet (9144 mm) in height. 3. Proximity to building: At least one of the required access routes meeting this condition shall be located within a minimum of 15 feet (4572) and a maximum of 30 feet (9144mm) from the building, and shall be positioned parallel to one entire side of the building, as approved by the fire code official. 107. Fire Alarm Requirements: (As noted on Sheet AO)Refer to CFC Sec. 907 and the currently adopted edition of NFP A 72. 108. Construction Site Fire Safety: (As noted on Sheet AO) All construction sites must comply with applicable provisions of the CFC Chapter 33 and our Standard Detail and Specification SI-7. Provide appropriate notations on subsequent plan submittals, as appropriate to the project. CFC Chp. 33. 109. Address Identification: (As noted on Sheet AO) 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. This review shall not be construed to be an approval of a violation of the provisions of the California Fire Code or of other laws or regulations of the jurisdiction. A permit presuming to give authority to violate or cancel the provisions of the Fire Code or other such laws or regulations shall not be valid. Any addition to or alteration of approved construction documents shall be approved in advance. [CFC, Ch.1, 105.3.6].