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CC Ordinance 2263 ORDINANCE NO. 2263 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A PLANNED DEVELOPMENT PERMIT (PLN2017-381) FOR CONSTRUCTION AND OPERATION OF A 161 ,870-SQUARE-FOOT, FOUR-STORY OFFICE BUILDING, A 146,478-SQUARE-FOOT, FIVE-STORY PARKING GARAGE (WITH ONE LEVEL OF UNDERGROUND PARKING), ADDITIONAL SURFACE PARKING, AND ON-SITE OPEN SPACE ON PROPERTY LOCATED AT 1700 DELL 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 the evidence presented, the City Council of the City of Campbell DOES ORDAIN AS FOLLOWS: SECTION ONE: The City Council finds as follows with regard to the proposed Planned Development Permit application (PLN2017-381): Environmental Finding 1 . A Final Environmental Impact Report (PLN2018-148) has been prepared for the project in accordance with the California Environmental Quality Act, which provides documentation for the factual basis for concluding that the project may have a significant effect on the environment as conditioned, but that substantial public benefits warrant a decision to override these impacts, as set forth in the accompanying Statement of Overriding Consideration. Evidentiary Findings 1. The proposed project ("project") includes a Planned Development Permit (PLN2017- 381) for the approval of a 161,870-square-foot, four-story office building, a 146,478-square-foot, five-story parking garage (with one level of underground parking), additional surface parking, and on-site open space on property located at 1700 Dell Avenue (Assessor's Parcel Number 424-33-094), as described in more detail in the Final EIR, which is incorporated herein by this reference. PLN2017-381 — Planned Development Permit Page 2 of 7 2. The project includes a Zoning Map Amendment (also under PLN2017-381) to change the zoning from C-M (Controlled Manufacturing) to P-D (Planned Development) and a Tree Removal Permit (also under PLN2017-381). 3. The project site consists of a single parcel located adjacent to the corner of Knowles Drive and Dell Avenue, on the City's southern border with Los Gatos. 4. The project site is currently developed with a 71,620-square-foot office building and surface parking lot. 5. Abutting land uses include the Los Gatos Creek and Los Gatos Creek Trail to the east, and a mix of commercial, office, and light industrial uses to the north, west, and south. 6. Access to the project site is provided by Dell Avenue, which is a two-lane street. 7. The project site is zoned C-M (Controlled Manufacturing) as shown on the Campbell Zoning Map and will be rezoned to P-D (Planned Development). 8. The proposed Planned Development Permit may be approved concurrently, and subject to, a Zoning Map Amendment, and concurrently with a Tree Removal Permit (also filed under PLN2017-381). 9. The project site is designated Research and Development as shown on the Campbell General Plan Map. 10.The height of the proposed office building is 60 feet, whereas the existing zoning provides for a maximum height of 45 feet. Mechanical screening elements reach 72 feet, but is generally are set back a significant distance from the edge of the building's roofline, and an enclosed stairwell reaches 75 feet; but such elements are excluded from the measurement of the building height under Campbell Municipal Code section 21.18.050. The proposed P-D zoning would allow the height proposed by the project. 11.The proposed land use density is approximately 0.83 Floor Area Ratio ("FAR"), whereas the existing zoning provides for a .40 FAR maximum. This .40 FAR is consistent with the FAR shown in Appendix B to the General Plan for properties designated for Research and Development corresponding to the current C-M PLN2017-381 — Planned Development Permit Page 3 of 7 zoning for the project site. However, Footnote 1 to Appendix B provides that the City's Zoning Ordinance could provide for exceptions to the FAR Table 2-12 of Campbell Municipal Code section 21.10.070.E provides that the City can increase the FAR for projects in the existing C-M (Controlled Manufacturing) zone when circumstances warrant an adjustment, and the proposed P-D zoning is intended to allow more flexibility than other standard zoning districts. 12.The following General Plan policies and strategies recognize the desirability of allowing for increased FARs for larger parcels that encourage research and development uses in the Dell neighborhoods and those located in proximity to light rail: Strategy LUT-5.5c: Floor Area Ratio (FAR) Guidelines. Develop guidelines for Industrial designated land use, including a provision that allows higher FARs for larger parcels that encourage research and development uses in the Dell and McGlincey neighborhoods. Strategy LUT-1.5d: Higher Floor Area Ratios (FARs): Develop provisions for allowing higher FARs in new projects that provide a mix of uses,maintain a jobs/housing balance or are located within proximity to Light Rail. 13.The P-D zoning district allows for flexibility of site standards (lot coverage, height, floor area ratio, setbacks, etc.) when consistent with site characteristics, particularly related to the development's design and provision of open space. 14.The project, which consists of a regionally competitive business campus, qualifies as a research and development facility as defined on General Plan page LUT-11. 15.The project site is located in proximity to a planned light rail station, proposed to be located along Winchester Boulevard south of Hacienda Avenue, approximately one-half mile from the project site. 16.The Dell Avenue area has seen scant redevelopment over the past twenty-years or more, and has seen buildings that are designed for industrial or controlled manufacturing uses be converted to health/fitness centers. PLN2017-381 — Planned Development Permit Page 4 of 7 17.The establishment of a regionally competitive office campus in the Dell Avenue area would provide for jobs that would benefit Campbell residents, and particularly those working in the high-tech industry who currently must commute outside of the City limits. 18.The requested increase in FAR and height may be found warranted in consideration of the design of the project and configuration of the project site, which includes: (1) the project site, which is approximately 4.5 acres, is among the largest parcels in the Dell Avenue area (approximately 90 percent of lots in this area are smaller, and indeed much smaller, than the project site) such that the bulk and massing of proposed buildings will not appear incompatible with the surrounding neighborhood; (2) the project buildings will not be visible from Dell Avenue, where setbacks are smallest, owing to the vegetation that exists and will exist between the building and the street, and where the arborist's study shows that trees as tall as 85 feet (i.e., taller than the proposed structure) will obscure views of it from public thoroughfares; (3) where the office building will be visible from the creek trail, setbacks here are greatest along the project site's easterly boundary, often exceeding 100 feet; and (4) the project proposes 48,229 square feet of landscaping, equivalent to about 25 percent of the project site, exceeding by more than double the City's minimum 10 percent open space requirement for C-M zoned properties. According, the project buildings will not be perceived as large, or as crowding the site. 19.The City finds the information contained in a November 2019 report submitted by the Concord Group entitled Fiscal and Economic Benefit Analysis for the Development of an Office Building in Campbell, California (incorporated herein by this reference) contains substantial evidence of the following: a. The project would create, directly and indirectly, as many as 3,000 jobs in the City of Campbell (about 700 jobs at the project site and 2,300 indirect jobs); b. The project would place these jobs in closer proximity to Campbell residents, decreasing their commute time and reducing traffic-related emissions (currently 6.3 percent of residents work in the City, and 41.6 percent of residents travel more than 10 miles for work); c. The project would generate millions of dollars in revenue to City businesses as the project's high-wage employees spend locally, where it is estimate that 70 percent of the project's employees will make more than $100,000 per year, and where such revenues include $1.8 million spend in local retail shows and $112,000 spent at local hotels when clients and others with interests in the project's tenant visit from out of town; and PLN2017-381 — Planned Development Permit Page 5 of 7 d. The project is estimated to generate $100,000 per year in tax revenue, in perpetuity. 20.The proposed project would generate an average of 1 ,447 additional trips per day, including 149 trips during the a.m. peak hour and 153 trips during the p.m. peak hour. 21 .In the absence of mitigation, fugitive dust during construction could expose areas downwind from the construction site to air pollution. However, conditions of approval requiring the project contractor to comply with the Bay Area Quality Management District's best management practices has been incorporated into the project, which will reduce the impact to less than significant. 22.In the absence of mitigation, construction of the project would cumulatively contribute to the non-attainment designations of the SFBAAB, but conditions of approval have been incorporated into the project, which will reduce the impact to less than significant. 23. In the absence of mitigation, construction of the project could expose nearby residential receptors to cancer risks that would exceed the Air District's significance thresholds, but conditions of approval have been incorporated into the project, which will reduce the impact to less than significant. 24.In the absence of mitigation, tree removal and demolition activities during site clearance could destroy active nests and/or interfere with nesting of birds, but conditions of approval have been incorporated into the project, which will reduce the impact to less than significant. 25. In the absence of mitigation, construction of a substantial portion of the exterior walls of the proposed building of clear glass could create a hazard for flying birds, but conditions of approval have been incorporated into the project, which will reduce the impact to less than significant. 26.A condition of approval has been incorporated into the project requiring the project's planting plan to conform with the SCVWD's Guidelines and Standards for Land Use Near Streams, which will reduce the environmental impact to less than significant. 27.Conditions of approval have been incorporated into the project that will reduce the environmental impact on cultural resources and tribal cultural resources to less than significant. PLN2017-381 — Planned Development Permit Page 6 of 7 28.Conditions of approval has been incorporated into the project that will reduce hazard to construction workers from asbestos and/or lead based paint from the demolition of the existing building to less than significant. 29.A draft Mitigation Monitoring and Reporting Program has been provided demonstrating how each Mitigation Measure identified in the project's Final Environmental Impact Report shall be carried out. 30. The size and location of this property is unique within the city. The property is currently underutilized. Age and design are not supportive of leasing such that it remains significantly vacant. 31 .The proposed project is unique to this site and does not establish a development precedent for the remainder of the parcels in the Dell Avenue area or the city. SECTION TWO: Based upon the foregoing findings of fact and substantial evidence in the administrative record, the City Council further finds and concludes that, subject to the conditions of approval adopted for this project: Planned Development Permit Findings (CMC Sec. 21 .12.030.H.6): 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. Environmental Findings (CMC Sec. 21 .38.050): 1 . On the basis of the project's Final Environmental Report, and as supported by substantial evidence in the record, including without limitation responses to late PLN2017-381 — Planned Development Permit Page 7 of 7 comments and materials from the applicant, the project the project may have a significant effect on the environment, but that mitigation measures identified in the Final Environmental Impact Report will reduce most of the identified significant impacts to a less-than-significant level: and the City Council has adopted a Statement of Overriding Significance as to the effects that cannot be reduced to less-than-significant. 2. The project's Final Environmental Impact Report complies with all applicable provisions of the California Environmental Quality Act. SECTION THREE: Based on the foregoing findings, the City Council approves Planned Development Permit (PLN2017-381) for construction of a 161 ,870-square-foot, four- story office building, a 146,478-square-foot, five-story parking garage (with one level of underground parking), additional surface parking, and on-site open space on property located at 1700 DELL Avenue, subject to the attached conditions of approval (Exhibit A.) SECTION FOUR: This ordinance shall become effective thirty-days following its passage and adoption, and summary of the ordinance shall be published at least five days before the City Council meeting at which the ordinance is to be adopted; and within fifteen days after adoption of the ordinance, the summary of the ordinance must be published with the names of the Councilmembers voting for and against the ordinance. PASSED AND ADOPTED this 17th day of March, 2020, by the following roll call vote: AYES: COUNCILMEMBERS: Waterman, Resnikoff, Gibbons NOES: COUNCILMEMBERS: Bybee, Landry ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None APPROVED: Susan M. Land ( ayor ATTEST: Wen ood, City Clerk EXHIBIT A CONDITIONS OF APPROVAL PLANNED DEVELOPMENT PERMIT (PLN2017-381) Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. COMMUNITY DEVELOPMENT DEPARTMENT Planning Division: 1. Approved Project: Approval is granted for a Planned Development Permit (PLN2017-381) to allow construction of a 161 ,870 square foot, four-story office building, a 146,478 square foot, five story parking garage (with one level of underground parking), additional surface parking, and on-site open space on property located at 1700 Dell Avenue. The project shall substantially conform to the Project Plans and Color/Material Board stamped as received by the Planning Division on September 30, 2019 and as included in the City Council packet reviewed at their February 4, 2020 meeting, as determined by the Community Development Director. 2. Permit Expiration: The Planned Development Permit will expire two (2) years from the effective date of the adopting ordinance, unless: a. A valid building permit has been issued and substantial construction commenced; or b. An Extension of Time is granted prior to the expiration date. 3. 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. 4. 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 all fencing and walls that will be installed at the base of the new perimeter fencing with corresponding grades clearly depicted on the plans. 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 neighboring properties and on- site trees. In addition, the project plan set submitted for Building Division review/plan check shall include the following revision: • The proposed open space "park" land, next to the Los Gatos Creek Trail, shall include fencing designed in an artistic manner that is tall enough to secure the park land to discourage late night trespass. Said fence shall include a lockable gate that will be the responsibility of the owner and/or tenant to lock each and every night (at Conditions of Approval Page 2 Planned Development Permit (PLN2017-381) 1700 Dell Avenue dusk/sunset). The design of the fence shall be to the satisfaction of the Community Development Director and shall be designed so that it is critter friendly. 5. Prior to submitting plans for Building Division review/plan check, the applicant shall submit a Parking Management Plan (PMP) that will demonstrate how the property will be accessed and parked. The PMP should include the following: • A shuttle service to and from the Winchester Light Rail Station for both a.m. and p.m. peak hours. • The property owner or manager shall provide each and every tenant with Transportation Passes to be made available to all persons occupying the proposed building under the tenancy to further reduce vehicle trips. The monetary amount shall be at least $10,000 funding for annual passes which would be renewed each and every year at the same amount. • Implementation of a rideshare matching program to help carpools and vanpools to form by connecting drivers and passengers; • Activation of car-share program to allow those employees who bike, walk, car/van pool or utilize the shuttle service to use an employer supplied on-site vehicle (e.g., a ZipCar or similar). • Pre-tax commuter benefits program that allows individuals occupying the proposed building to withdraw up to $255 per month in pre-tax wages who utilize mass transit options, car/vanpool, shuttle service, and bicycle transportation options. • Telecommuting/Flextime/Compressed work week options for its employees. • Promotional activities to include: o New employee information packets, introducing them to the PMP program; o Flyers, posters, and periodic emails; o Transportation fairs which will promote their shuttle service and transportation passes; o Participation in the bike-to-work days (at least six per year); o Distribution of transit ride guides, which include routes and schedules; 6. 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. 7. 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: Conditions of Approval Page 3 Planned Development Permit (PLN2017-381) 1700 Dell Avenue 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." 8. 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. 9. 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. Conditions of Approval Page 4 Planned Development Permit (PLN2017-381) 1700 Dell Avenue 10. 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. 11 . 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. 12. 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). 13. 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. 14. 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. 15. 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. 16. Mitigation Measures: The approved project shall incorporate all Mitigation Measures identified in the Final Environmental Impact Report, as restated below for reference: Mitigation Measure AQ-2: The project contractor shall comply with the following the Bay Area Air Quality Management District's best management practices for reducing construction emissions of uncontrolled fugitive dust (coarse inhalable particulate matter [PM,o] and fine inhalable particulate matter [PM2 Water all active construction areas at least twice daily or as often as needed to control dust emissions. Watering shall be sufficient to prevent airborne dust from leaving the site. Increased watering frequency may be necessary whenever wind speeds exceed 15 miles per hour. Reclaimed water shall be used whenever possible. Conditions of Approval Page 5 Planned Development Permit (PLN2017-381) 1700 Dell Avenue • Pave, apply water twice daily or as often as necessary to control dust, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites. ■ Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least 2 feet of freeboard (i.e., the minimum required space between the top of the load and the top of the trailer). ■ Sweep daily (with water sweepers using reclaimed water if possible) or as often as needed all paved access roads, parking areas, and staging areas at the construction site to control dust. ■ Sweep public streets daily (with water sweepers using reclaimed water if possible) in the vicinity of the project site, or as often as needed, to keep streets free of visible soil material. ■ Hydro-seed or apply non-toxic soil stabilizers to inactive construction areas. ■ Enclose, cover, water twice daily, or apply non-toxic soil binders to exposed stockpiles (e.g., dirt, sand). • Limit vehicle traffic speeds on unpaved roads to 15 miles per hour. • Replant vegetation in disturbed areas as quickly as possible. ■ Install sandbags or other erosion control measures to prevent silt runoff from public roadways. The City of Campbell Building Official or his/her designee shall verify compliance that these measures have been implemented during normal construction site inspections. Mitigation Measure AQ-4: The project applicant shall specify in the construction bid that the construction contractor(s) shall use construction equipment with fitted with Level 2 Diesel Particulate Filters (DPF) or higher emissions standards for all equipment of 50 horsepower or more. Level 2 DPFs are capable of reducing 50 percent of diesel exhaust and particulate emissions from off-road equipment. ■ Prior to construction, the construction contractor(s) shall ensure that all construction plans submitted to the City of Campbell Building Division, or its designee, clearly show the requirement for Level 2 DPF or higher emissions standards for construction equipment over 50 horsepower. ■ During construction, the construction contractor(s) shall maintain a list of all operating equipment in use on the project site for verification by the City of Campbell Building Division or its designee. The construction equipment list shall state the makes, models, and number of construction equipment on-site. ■ Equipment shall be properly serviced and maintained in accordance with manufacturer recommendations. ■ The construction contractor shall ensure that all non-essential idling of construction equipment is restricted to five minutes or less, in compliance with Section 2449 of the California Code of Regulations, Title 13, Article 4.8, Chapter 9. Mitigation Measure BIO-4a: Prior to site clearance, the project applicant shall retain a qualified biologist to conduct preconstruction nesting bird surveys as follows. If tree removal would occur during the nesting season (February 1 to August 31), preconstruction surveys shall be conducted no more than 14 days prior to the start of tree removal or construction. Preconstruction surveys shall be repeated at 14-day intervals until construction has been Conditions of Approval Page 6 Planned Development Permit (PLN2017-381) 1700 Dell Avenue initiated in the area after which surveys can be stopped. Locations of active nests containing viable eggs or young birds of protected bird species shall be documented and protective measures implemented under the direction of the qualified biologist until the nests no longer contain eggs or young birds. Protective measures shall include establishment of clearly delineated exclusion zones (i.e., demarcated by identifiable fencing, such as orange construction fencing or equivalent) around each nest location as determined by a qualified biologist, taking into account the species of birds nesting, their tolerance for disturbance and proximity to existing development. In general, exclusion zones shall be a minimum of 300 feet for raptors and 75 feet for passerines and other birds. The active nest within an exclusion zone shall be monitored on a weekly basis throughout the nesting season to identify signs of disturbance and confirm nesting status. The radius of an exclusion zone may be increased by the qualified biologist if project activities are determined to be adversely affecting the nesting birds. Exclusion zones may be reduced by the qualified biologist only in consultation with CDFW. The protection measures shall remain in effect until the young have left the nest and are foraging independently or the nest is no longer active. No surveys are required before vegetation disturbance between September 1 and January 31, that is, outside of the nesting season. Mitigation Measure BIO-4b: Prior to building construction, the project applicant shall submit a Bird Collision Reduction Plan (Plan) for City review and approval. The plan shall be peer reviewed by an independent consulting biologist, selected by the City given its technical nature. The Plan shall be written to minimize the potential risk of bird strikes with the new building on the site, and shall incorporate appropriate bird-safe design guidelines and include specific Best Management Practice strategies to reduce bird strikes. The use of highly reflective glass as an exterior treatment, which appears to reproduce natural habitat and can be attractive to some birds, shall be avoided. To limit reflectivity and prevent exterior glass from attracting birds, the project shall preferably utilize low-reflectivity glass (7 percent reflectivity, 0 percent ultra-violet transmittance) and provide other non-attractive surface treatments as outlined below. Low-reflectivity glass or other glazing treatments shall be used for the entirety of the building's glass surface, not just the lower levels, to minimize the risk of bird strikes. Interior light "pollution" shall be reduced during evening hours through the use of a lighting control system, and exterior lighting shall be directed downward and screened to minimize light spillage from the building and the Los Gatos Creek corridor. To further clarify, the following design elements and controls shall be incorporated into the proposed project to reduce the risk of bird strikes: • No more than ten (10) percent of façade surface area shall have non-bird-safe glazing. Bird- safe glazing includes opaque glass, covering of clear glass surface with patterns, paned glass with fenestration patterns, and external screens over non-reflective glass. - Occupancy sensors or other switch control devices shall be installed on non-emergency lights and shall be programmed to shut off during non-work hours and between 10 pm and sunrise. Alternatively, non-emergency interior and exterior lighting shall be shielded to minimize light from buildings that are visible to birds. • Glass skyways or walkways, freestanding glass walls, and transparent building corners shall not be allowed. ■ Transparent glass shall not be allowed at the rooflines of buildings, including in conjunction with green roofs. Conditions of Approval Page 7 Planned Development Permit (PLN2017-381) 1700 Dell Avenue All roof mechanical equipment shall be covered by low-profile angled roofing so that obstacles to bird flight are minimized. A draft of the Plan and modifications to the building design incorporating bird-safe design shall be completed and submitted as part of the Site and Architectural Review Committee and Planning Commission's review process to allow for further comment and input. Mitigation Measure BIO-5: The site. parking, circulation, and landscape plans in the September 9, 2019 plan submittal for the proposed project shall be revised and redesigned to provide a continuous buffer along the eastern edge of the site to protect the streamside habitat along Los Gatos Creek and provide greater conformance with the Guidelines and Standards for Land Use Near Streams of the Santa Clara Valley Water Resources Protection Collaborative. These shall include the following changes to the proposed project plans. The design and selection of plant species used in this buffer area along the eastern edge of the site shall be selected in consultation with staff from SCVWD to ensure compatibility with Guidelines and Standards for Land Use Near Streams. Effective screening of nighttime lighting, including headlights from vehicles moving through the proposed parking lot, shall be provided as part of redesign and landscaping. Plantings installed in the proposed planting strip along the eastern edge of the site shall be chosen based on their ability to complement and screen the adjacent riparian habitat along the creek corridor by using plantings of tree, shrub and groundcover species. The proposed planting strip along the eastern edge of the site shall be expanded where feasible from the current planting area shown in the revised Landscape Plan (dated August 27,_2019) to remove an additional parking stall (shown in Figure 5-3 of the Final EIR) in the southeastern corner of the site and expand the proposed tree and shrub plantings in the area to provide effective landscape screening at this critical location where the property line comes closest to the top of bank to Los Gatos Creek. Any native species used in plantings on the site shall be of local genetic stock to prevent possible hybridization with native indigenous species growing along the adjacent Los Gatos Creek. At minimum, the planting area along the eastern edge of the site shall include scattered plantings of locally sources native coast live oak. which would eventually serve to expand the tree canopy at the interface with the creek corridor as the trees mature. The few existing trees along the eastern edge of the site shall be retained along this planting area given their importance for existing screening of the creek corridor. In consultation with SCVWD, consideration should be given to replacing the existing non-native shrubs along the eastern fence line with native species if locally sourced plantings are available. Mitigation Measure CULT-2: If archaeological 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 shall be contacted to evaluate the situation. A licensed archeologist 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 CULT-3: In the event that fossils or fossil-bearing deposits are discovered during construction, excavations within 50 feet of the find shall be temporarily halted or diverted. The contractor shall notify a qualified paleontologist to examine the discovery. The Conditions of Approval Page 8 Planned Development Permit (PLN2017-381) 1700 Dell Avenue paleontologist shall document the discovery as needed, in accordance with Society of Vertebrate Paleontology standards (Society of Vertebrate Paleontology 1995), evaluate the potential resource, and assess the significance of the finding under the criteria set forth in CEQA Guidelines Section 15064.5. The paleontologist shall notify the appropriate agencies to determine procedures that would be followed before construction is allowed to resume at the location of the find. If the project proponent determines that avoidance is not feasible, the paleontologist shall prepare an excavation plan for mitigating the effect of the project based on the qualities that make the resource important. The project plan shall be submitted to the City for review and approval prior to implementation. Mitigation Measure CULT-4: 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 HAZ-1: Prior to the disturbance of any suspect asbestos-containing materials and/or lead-based paint, a certified consultant shall conduct a comprehensive survey to determine if the suspect materials are present. If such materials are identified, a licensed abatement contractor shall be consulted and demolition activities shall be conducted in compliance with abatement recommendations. Mitigation Measure NOISE-1: The project sponsor shall incorporate the following practices into the construction contract agreement documents to be implemented by the construction contractor during the entire construction phase of the project: • The project sponsor and contractors shall prepare a Construction Noise Control Plan. The details of the Construction Noise Control Plan shall be included as part of the permit application drawing set and as part of the construction drawing set. • At least 21 days prior to the start of construction activities, all off-site businesses and residents within 300' of the project site shall be notified of the planned construction activities. The notification shall include a brief description of the project, the activities that would occur, the hours when construction would occur, and the construction period's overall duration. The notification shall include the telephone numbers of the City's and contractor's authorized representatives that are assigned to respond in the event of a noise or vibration complaint. • At least 10 days prior to the start of construction activities, a sign shall be posted at the entrance(s) to the job site, clearly visible to the public, that includes permitted construction days and hours, as well as the telephone numbers of the City's and contractor's authorized representatives that are assigned to respond in the event of a noise or vibration complaint. If the authorized contractor's representative receives a complaint, he/she shall investigate, take appropriate corrective action, and report the action to the City. • During the entire active construction period, equipment and trucks used for project construction shall utilize the best available noise control techniques (e.g., improved mufflers, equipment re-design, use of intake silencers, ducts, engine enclosures, and acoustically attenuating shields or shrouds), wherever feasible. Conditions of Approval Page 9 Planned Development Permit (PLN2017-381) 1700 Dell Avenue • Require the contractor to use impact tools (e.g., jack hammers and hoe rams) that are hydraulically or electrically powered wherever possible. Where the use of pneumatic tools is unavoidable, an exhaust muffler on the compressed air exhaust shall be used along with external noise jackets on the tools. • During the entire active construction period, stationary noise sources shall be located as far from sensitive receptors as possible, and they shall be muffled and enclosed within temporary enclosures or insulation barriers to the extent feasible. • Select haul routes that avoid the greatest amount of sensitive use areas. • Signs shall be posted at the job site entrance(s), within the on-site construction zones, and along queueing lanes (if any) to reinforce the prohibition of unnecessary engine idling. All other equipment shall be turned off if not in use for more than 5 minutes. During the entire active construction period and to the extent feasible, the use of noise- producing signals, including horns, whistles, alarms, and bells, shall be for safety warning purposes only. The construction manager shall use smart back-up alarms, which automatically adjust the alarm level based on the background noise level, or switch off back-up alarms and replace with human spotters in compliance with all safety requirements and laws. Building Division: 17. Permits Required: A building permit application shall be required for each of the proposed structures in this project. The building permit shall include Electrical/ Plumbing/ Mechanical fees when such work is part of the permit. 18. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 19. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 inches by 36 inches. 20. 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. 21. 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. 22. 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. Site address and parcel numbers shall also be clearly called out. Site parking and path of travel to public sidewalks shall be detailed. 23. 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 Conditions of Approval Page 10 Planned Development Permit (PLN2017-381) 1700 Dell Avenue 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 24. Title 24 Energy Compliance: California Title 24 Energy Compliance forms shall be blue-lined on the construction plans. 81/2 X 11 calculations shall be submitted as well. Compliance with the Standards shall be demonstrated for conditioning of building envelope and lighting of the building. 25. 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. 26. 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. 27. Title 24 Accessibility — Commercial: On site general path of travel shall comply with the latest California Title 24 Accessibility Standards. Work shall include but not be limited to accessibility to building entrances from parking facilities and sidewalks. 28. Title 24 Accessibility — Commercial: This project shall comply fully with California Access Requirements. Chapter 11B CBC 2019. 29. Title 24 Accessibility—Commercial: Please show accessible path of travel to trash enclosure on the site. 30. 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) d. School District: i. Campbell Union School District (378-3405) ii. Campbell Union High School District (371-0960) iii. Moreland School District (379-1370) iv. Cambrian School District (377-2103) Note: To determine your district, contact the offices identified above. Obtain the School District payment form from the City Building Division, after the Division has approved the building permit application. Conditions of Approval Page 11 Planned Development Permit (PLN2017-381) 1700 Dell Avenue 31. California Green Building Code: This project shall comply with Chapter 5, Non-Residential Mandatory Requirements. 32. 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. 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. 35. Construction Site Management: The project shall use the following site management policies: • Job Site Manager. Every permitted job must 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. • Construction Debris. At the end of each construction day, attention should 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. • Construction Hours. Every permitted job is required to observe the permitted hours of construction. Construction work is allowed from 8:00 a.m. to 5:00 p.m. Monday thru Friday. Construction is allowed on Saturdays from 9:00 a.m. to 4:00 p.m. 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 should be discouraged from arriving earlier than 15 minutes before permitted times. Material deliveries should 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. • 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 the sidewalks and streets clean. If you fail to manage your dirt, dust and mud, your site may be issued a "Stop Work" notice and/or a citation. Conditions of Approval Page 12 Planned Development Permit (PLN2017-381) 1700 Dell Avenue • Music and Unnecessary. 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. FIRE DEPARTMENT 36. Refer to Exhibit A. PUBLIC WORKS DEPARTMENT 37. Construction Drawings: The applicant shall submit the required Street Dedication documents, Street Improvement Plans, and Grading and Drainage Plans directly to the Public Works Department prior to, or concurrent with the Building permit application. Said application shall include the following: a. Response Letter: Upon submittal of the required plans, the applicant shall provide an itemized response letter verifying that all the Public Works Conditions of Approval have been met or addressed. b. Submittal Requirements: The checklist for the various plans required for submittal can be found on the City's Website at City Services Public Works►Engineering►Land Development Documents, (or: http://www.cityofcampbell.com/206/Documents). See instructions on: i. Submittal Requirements (documenting on-line application requirements) ii. Checklist for Grading and Drainage iii. Checklist for Street Improvement Plans iv. Street Dedication Requirements 38. Right-of-Way for Public Street Purposes: Prior to issuance of any grading or building permits for the site, the applicant shall fully complete the process to cause additional right-of-way to be granted in fee for public street purposes along the Dell Avenue frontage to accommodate the required street improvements, unless otherwise approved by the City Engineer. The applicant shall submit the necessary documents for approval by the City Engineer, process the submittal with City staffs 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. 39. Public Utility Easement: Prior to issuance of any grading or building permits for the site, the applicant shall grant a ten (10) foot public utility easement on private property contiguous with the public right-of-way along the Dell 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. 40. Grading and Drainage Plan: Prior to issuance of any grading or building permits for the site, the applicant shall conduct hydrology studies based on a ten-year storm frequency, prepare Conditions of Approval Page 13 Planned Development Permit (PLN2017-381) 1700 Dell Avenue 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. The construction drawings shall eliminate the proposed storm drain junction boxes shown in the City pathway on sheet C-22 and replace them with a new manhole over the existing storm main.. 41. In addition, a plan review letter will be required of the Geotechnical engineer for the entire grading and drainage system which should include but is not limited to a review of the subsurface of the non-compacted biotreatment material that may have potential for subsurface failure and surface failure due to vehicle loads. 42. Santa Clara Valley Water District (SCVWD): Prior to issuance of any grading or building permits for the site, the applicant shall obtain a clearance from the SCVWD. 43. State General Construction Activity Permit: Prior to issuance of any grading or building permits, the applicant shall comply with the State General Construction Activity Permit requirements including paying fees, filing a Notice of Intent and providing a Storm Water Pollution Prevention Plan (SWPPP). The applicant shall provide the City with a copy of the filed Notice of Intent and SWPPP. 44. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding stormwater pollution prevention. Specifically the project must include source control, site design and treatment measures to achieve compliance with Provision C.3. of the NPDES Permit. Measures may include, but are not limited to, minimization of impervious surface area, vegetated swales, infiltration areas, and treatment devices. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay. Resources to achieve these objectives include Stormwater Best Management Practices Handbook for New Development and Redevelopment ("CA BMP Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for Stormwater Quality Protection ("Start at the Source") by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Stormwater Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. Upon submission of the preliminary grading and drainage plans, 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 issuance of any grading or building permits: 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. Conditions of Approval Page 14 Planned Development Permit (PLN2017-381) 1700 Dell Avenue b. The applicant shall sign the "Covenants for the Operation and Maintenance of Stormwater Facilities" and submit a Stormwater Management Plan. Prior to occupancy: a. A qualified BMP certifier is required to inspect the stormwater management facilities, submit a complete set of as-built drawings to Public Works Engineering, and certify on these drawings that: 1 . The stormwater management facilities were constructed in compliance with the approved plans. 2. The as-built drawings show all pertinent constructed dimensions, elevations, shapes, and materials. 3. All variations in construction from the approved design plan have been identified, including omissions to and additions from the approved plan. 4. Any changes are in conformance with local, state, or federal regulations. 45. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer cleanout(s) shall be relocated or installed on private property behind the public right-of-way line. 46. 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. 47. 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.carnpbell.ca.us/219) has detailed information on the streets currently under moratorium and the enhanced restoration requirements. 48. Street Improvement Agreements / Plans / Encroachment Permit / Fees / Deposits: Prior to issuance of any grading or building permits for the site, the applicant shall execute a street improvement agreement, cause plans for public street improvements to be prepared by a registered civil engineer, pay various fees and deposits, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City Engineer. The plans shall include the following, unless otherwise approved by the City Engineer: a. Show location of all existing utilities within the new and existing public right of way. b. Relocation of all existing utilities including utility boxes, covers, poles, etc. outside of sidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk area. c. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway approaches. Installation of engineered structural pavement section to centerline, as required by the City Engineer. Conditions of Approval Page 15 Planned Development Permit (PLN2017-381) 1700 Dell Avenue d. Extend frontage curb, gutter and sidewalk to create connection to and improvement of adjacent park trail connection frontage. e. Installation of asphalt concrete overlay per street pavement restoration plan for utility installation and/or abandonment, as required by the City Engineer. f. Installation of streetlights, conduits, conductors and related facilities in accordance with the City of Campbell's Street Lighting Policies. g. Installation of traffic control, stripes and signs. h. Construction of conforms to existing public and private improvements, as necessary. i. Storm drain improvements to abandon the existing connection and to make a new connection to the storm main contained within the adjacent City pedestrian pathway between Dell Avenue and the Los Gatos Creek Trail. j. Submit final plans in a digital format acceptable to the City. 49. Street Improvements Completed for Occupancy and Building Permit Final: Prior to allowing occupancy and/or final building permit signoff for any and/or all buildings, the applicant shall have the required street improvements and pavement restoration installed and accepted by the City, and the design engineer shall submit as-built drawings to the City. 50. Utility Encroachment Permit: Separate encroachment 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. 51. 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. 52. Traffic Mitigation: Prior to issuance of any grading or building permits for the site, the applicant shall satisfy the traffic mitigation measures identified in the Transportation Impact Analysis (TIA) prepared in support of the Environmental Impact Report (EIR). 53. Trash Enclosure Requirements: 1. NPDES Permit No. CAS612008 (CRWQCB): C.3a.i. (7): For all new development and redevelopment projects that are subject to the Permittee's planning, building, development, or other comparable review, but not regulated by Provision C.3, encourage the inclusion of adequate source control measures to limit pollutant generation, discharge, and runoff. These source control measures should include: • Covered trash, food waste, and compactor enclosures. 2. Campbell Municipal Code 14.02.030 "Stormwater Pollution Control Requirements". The code states that no pollutants or water containing pollutants can be discharged into the Conditions of Approval Page 16 Planned Development Permit (PLN2017-381) 1700 Dell Avenue City's storm drain system. Trash enclosures contain pollutants. During a rain event (or during general cleaning) water washes over and into roofless enclosures, collecting pollutants and discharging to the City's storm drain system. Applicants are required to show how new trash enclosures will not discharge pollutants into the storm drain system. One possible method is to provide a sanitary drain in the trash enclosure. 3. West Valley Sanitation District (WVSD) the local sanitary sewer agency's authority and standards: If a sanitary connection will be installed, WVSD requires a roof on the enclosure.