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CC Resolution 13151 - Approving a Tentative Vesting Subdivision Map and Tree Removal Permit RESOLUTION NO. 13151 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A TENTATIVE SUBDIVISION MAP TO ALLOW A NEW RESIDENTIAL SUBDIVISION WITH 26 PRIVATE LOTS AND 7 COMMON LOTS (33 NEW LOTS) AND A TREE REMOVAL PERMIT FOR REMOVAL OF FIVE (5) TREES IN ASSOCIATION WITH CONSTRUCTION OF 25 TOWNHOMES WITH 12 JUNIOR ACCESSORY DWELLING UNITS (JADUS) AND 10 APARTMENT UNITS ON PROPERTY LOCATED AT 57-101 GILMAN AVENUE AND 60 DILLON AVENUE. FILE NO.: PLN-2023-125 After notification and public hearing, as specified by law and after presentation by the Community Development.Director, proponents and opponents, the hearing was closed. The City Council finds as follows with regard to the approval of a Tentative Subdivision Map and Tree Removal Permit: • 1. The Proposed Project is an application for a Tentative Subdivision Map to allow a new residential subdivision with 26 private lots and 7 common lots (33 new lots) and a tree . removal permit for removal of five (5) trees in association with a Planned Development Permit to allow construction of 25 townhomes with 12 junior accessory dwelling units and 10•apartment units. 2. The Project Site is an approximately 1.15 (gross) acre assemblage of six adjacent • parcels located southwest of the Gilman Avenue/East Campbell Avenue intersection, and is currently developed with two vacant single-family residences and a variety of commercial and light industrial uses that will be demolished. 3. The Proposed Project was submitted under an SB-330 preliminary application filed in compliance with Government Code § 65941.1 on March 20, 2023, predating the June 2, 2023, implementation date of the new General Plan, revised Zoning Code, and Multi- Family Development and Design Standards (MFDDS). 4. Due to the aforementioned preliminary application, the application is not subject to any objective design standards nor any zoning district specific development standards. 5. The Project Site was designated at the time of pre-application submittal as Central Commercial (60 Dillon Avenue) and Commercial/Medium Density Residential (Remaining Parcels) and zoned P-D (Planned Development), as shown on the former Campbell General Plan and Zoning Maps, respectively. 6. The Project site at the time of pre-application was subject to the East Campbell Avenue Master Plan (60 Dillon Avenue) and the South of Campbell Avenue (SOCA) Plan (remaining parcels). 7. The Project Site is currently developed with two vacant single-family residences and a variety of commercial uses that will be demolished as part of the project. City Council Resolution 13151 —T-Map & Tree Removal Permit • . Page 2 57-101 Gilman Avenue & 60 Dillon Avenue 8. The Proposed Project's 35 units would result in a density of 24 units/gr. acre (35 units T 1.452 g.r. acre), consistent with the density range of the applicable Central Commercial (60 Dillon Avenue). and Commercial/Medium Density Residential (Remaining Parcels) designations, with the requested Density Bonus. 9. The Proposed Project includes provision for interior junior accessory dwelling units, fulfilling the City's accessory dwelling unit (ADU) "Development Policy" (CMC Section 21.23.090) that requires twenty percent (20%) percent of new dwellings within a residential subdivision with five or more parcels to be designed to allow for future creation of an accessory dwelling unit, or alternatively, include an accessory dwelling unit. 10. Junior accessory dwelling units are not considered dwelling units for purposes of residential density or the Inclusionary Housing Ordinance pursuant to former CMC • Section 21.04.020, Table 2-1,. Note (1), and Section 21.24.030 — Definition of "Residential Project," respectively. 11. The Proposed Project is a "housing development project" under State law, which limits the City in its capability to"deny, reduce the density for, or render infeasible"the project under the Housing Accountability Act (HAA) (Government Code Section 65589.5) unless: 1) the proposal is found to be in violation of an objective general plan/zoning • standard (other than those waived/reduced through use of the Density Bonus law); or 2) the project will result in a specific adverse impact to public health and safety. 12. The Proposed Project would be consistent with the following General Plan policies and strategies: a. Strategy LUT-3.1c: High Density Residential: Allow higher residential densities in the North of Campbell Area (NOCA), South of Campbell Area (SOCA), and areas near the • Light Rail stations as an incentive to redevelop older, less intensive uses. b. Policy LUT-5.1: Neighborhood Integrity: Recognize that the City is composed of residential, industrial, and commercial neighborhoods, each with its own individual character; and allow change consistent with reinforcing positive neighborhood values, while protecting the integrity of the city's neighborhoods. C. Policy LUT-5.2: Residential Neighborhoods: Maintain safe, attractive, pedestrian-friendly residential neighborhoods with identifiable centers and consistent development patterns and a range of public and private services. d. Policy LUT-9.3: Design and Planning Compatibility: Promote high quality, creative design and site planning that is compatible with surrounding development, public spaces, and natural resources. e. Strategy LUT-9.3d: Building Design: Design buildings to revitalize streets and public spaces by orienting the building to the street, including human scale details and massing that engages the pedestrian. f. Strategy LUT-9.3e: Building Materials: Encourage the use of long-lasting, high quality building materials on all buildings to ensure the long-term quality of the built environment. • City Council Resolution 13151 —T-Map & Tree Removal Permit Page 3 57-101 Gilman Avenue & 60 Dillon Avenue g. Strategy LUT-9.3f: Development Orientation: Orient new development toward public and private amenities or open space, h. Policy LUT-10.1: Landscaping: Encourage the retention and planting of landscaping to enhance the natural and built environment. i. Policy LUT-10.2: Roadway,Landscaping: Landscape public roadways to define the character of districts and neighborhoods. • ' j. Policy LUT-16.1: Land Use: Allow commercial, industrial and/or residential land uses in accordance with the adopted plan for each SOCA subarea. k. Policy CNR-4.1: Tree Planting: Plant additional trees to maintain and enhance the City's suburban forest. • I. Policy CNR-11.2: Effects of Development on Air Quality: Use the City's development review process and the California Environmental Quality Act to evaluate and mitigate the local and cumulative effects of new development on air quality. m. Policy H-3.1: Inclusionary Housing: Support the development of additional affordable • housing by nonprofit and for-profit developers through financial assistance and/or regulatory incentives. Ensure that new residential development in Campbell integrates units affordable to lower-and moderate-income households or contributes funds to support affordable housing activities (when funding is available). Create additional levels of affordability within the Inclusionary Housing Ordinance in a way that does not create a governmental constraint to housing production. 13. The Tentative Vesting Subdivision Map will allow creation of privately held parcels for fee title ownership as well as common parcels to be improved with a private roadway, parking, open space, and landscaping. 14. As a condition of approval, the applicant shall record Covenants, Codes and Restrictions (CC&R's) for the Proposed Project, forming a Homeowner's Association (HOA) and formalizing the operational responsibilities of the HOA and satisfying the "exception to access requirement" for a lots without frontage upon a public street pursuant to CMC Sec. 20.16.035. 15. The proposed Tentative Subdivision Map incorporates a requirement for off-site public improvements including dedication of right-of-way for public street purposes and installation of City standard curb, gutter, sidewalk, driveways, and street tree(s). 16. The Proposed Project incorporates a requirement for off-site public improvements including dedication of right-of-way for public.street purposes and installation of City standard curb, gutter, sidewalk, driveways, street tree(s), and street light(s). 17. No substantial evidence has been presented which shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. 18. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. City Council Resolution 13151 —T-Map & Tree Removal Permit Page 4 57-101 Gilman Avenue & 60 Dillon Avenue 19. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. Based upon the foregoing findings of fact, the City Council further finds and concludes that: Tentative Subdivision Map Findings (Govt. Code § 66410 et seq.): 1. That the proposed map is consistent with applicable general and specific plans; 2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans; 3. That the site is physically suitable for the type of development; • 4. That the site is physically suitable for the proposed density of development; 5. That the design of the subdivision or the propose improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat; 6. The design of the subdivision or the type of improvements will not cause serious public health problems; and 7. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision or that alternative easements for access will be provided, and that these will be substantially equivalent to ones previously acquired • by the public; Tree Removal Permit Finding(s) (CMC Sec. 21.32.080.A): 1. Economic enjoyment and hardship. The retention of the tree(s) restricts the economic enjoyment of the property or creates an unusual hardship for the property owner by severely limiting the use of the property in a manner not typically experienced by owners of similarly zoned and situated properties, and the applicant has demonstrated to the satisfaction of the approval authority that there are no reasonable alternatives to preserve the tree(s); Environmental Findings (CMC Sec. 21.38.050): 1. The Project Site is not listed on the Hazardous Waste and Substances Sites List as set forth in Government Code Section 65962.5. 2. The Community Development Department has prepared an Initial Study and approved for circulation a Mitigated Negative Declaration for the Project in accordance with the requirements of the California Environmental Quality Act of 1970, together with state and local guidelines implementing said Act, all as amended to date City Council Resolution 13151 —T-Map & Tree Removal Permit Page 5 57-101 Gilman Avenue & 60 Dillon Avenue (collectively "CEQA"). 3. The City of Campbell is the lead agency on the Proposed Project, and the City Council is the decision-making body, upon recommendation by the Planning Commission, that may grant approval to undertake the Proposed Project. . 4. The Initial Study/Mitigated Negative Declaration represents the independent judgment and analysis of the City of Campbell as lead agency for the Project. 5. The Initial Study/Mitigated Negative Declaration concluded that implementation of the Project could result in potentially significant effects on the environment and identified mitigation measures that would reduce the significant effects to a less-than-significant level. 6. The Proposed Project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the California Department of Fish and Game Code. 7. There are no responsible agencies or trustee agencies responsible for resources affected by the project. 8. In connection with the approval of a project involving the preparation of an Initial Study/Mitigated Negative Declaration that identifies one or. more significant environmental effects, CEQA requires the decision-making body of the lead agency to incorporate feasible mitigation measures, that would reduce those significant environment effects to a,less-than-significant level. 9. Whenever a lead agency approves a project requiring the implementation of measures to mitigate or avoid significant effects on the environment, CEQA also requires a lead agency to adopt a mitigation monitoring and reporting program to ensure compliance with the mitigation measures during project implementation, and such a mitigation monitoring and reporting program has been prepared for the Project for consideration by the decision- maker of the lead agency as attached to the Mitigated Negative Declaration. 10.The mitigation measures identified in the Mitigated Negative Declaration are included as Conditions of Approval of the Planned Development Permit. 11.The Notice of Intent to adopt a Mitigated Negative Declaration was published in the Metro Silicon Valley, a local newspaper of general circulation; provided by mailed notice to those individuals and organizations requesting notification; posted with the Clerk-Recorder of the County of Santa Clara; and made available on the City's website. 12.The City of Campbell provided a 20-day public review period of the Mitigated Negative • Declaration pursuant to the California Environmental Quality Act Guidelines. The 20 day public review period was from February 28th, 2024 to March 19th, 2024. 13.As the Mitigated Negative Declaration was circulated after July 1, 2020, transportation City Council Resolution 13151 —T-Map & Tree Removal Permit Page 6 57-101 Gilman Avenue & 60 Dillon Avenue impacts of the Proposed Project were evaluated using the vehicle miles traveled (VMT) methodology consistent with SB 743 (2013), codified in Public Resources Code section 21099 and CEQA Guidelines section 15064.3. 14.As included in the administrative record, the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program for the Project are incorporated into this Resolution. 15.The Initial Study/Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program for the Project are on file with the Campbell Community Development Department, as Custodian, located at Campbell City Hall, 70 North First Street, Campbell, CA 95008 and are available for inspection by any interested person. 16.The City Council. has reviewed and considered the Initial Study/Mitigated Negative Declaration and related Mitigation Monitoring and Reporting Program for the Proposed Project and has recommended that the City Council approve the Proposed Project in compliance with CEQA. THEREFORE, BE IT RESOLVED that the City Council approves a Tentative Subdivision Map to allow a new residential subdivision with 26 private lots and 7 common lots (33 new lots) and a tree removal permit for removal of five (5) trees on property located at 57-101 Gilman Avenue and 60 Dillon Avenue, subject to the attached Conditions of Approval (attached Exhibit A). PASSED AND ADOPTED this 7th day of May, 2024, by the following roll call vote: AYES: Councilmembers: Bybee, Furtado, Scozzola, Lopez, Landry NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None APPROVED:v ' Susan M. Landry, ayor ATTEST: ( d�a Ado Andrea Sa rs, City Clerk . EXHIBIT A CONDITIONS OF APPROVAL Tentative Subdivision Map and Tree Removal Permit 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 Tentative Subdivision Map to allow the creation of 26 private lots and 7 common lots (33 new lots) and removal of five (5) trees on property located at 57 — 101 Gilman Avenue and 60 Dillon Avenue. The Tract Map shall substantially conform to Tentative Vesting Subdivision Map (and associated civil sheets), included as Attachment C in the May 7th, 2024 City Council Staff Report, except as may be modified by conditions of approval contained herein. 2. Approval Expiration: The Tentative Vesting Subdivision Map approval is valid for a period of two (2) years from the effective date of the City Council Ordinance approving the associated Planned Development Permit. Within this time period, the Tract Map ("final map") shall be approved by the City Council and recorded with the Office of the Santa Clara County Clerk-Recorder. 3. Planned Development Permit: The Tentative Vesting Subdivision Map is contingent upon approval of the associated Planned Development Permit. However, a Tract Map may not.be recorded if the Planned Development Permit expires or is otherwise rendered void. 4. Street Name: The tract map shall indicate the street name authorized by the Community Development Director. 5. Timing of Tree Removal: Protected tree(s) shall be removed only in conjunction with demolition of existing on-site structures upon issuance of a Demolition Permit. 6. Tree Protection Plan: The tree protection measures identified by the "Tree Inventory, Assessment, and Protection Report, Gilman/Dillon Avenue, Campbell, CA 95008" are herein incorporated by reference and shall be implemented prior to issuance of permits. . 7. Construction Measures: The construction activity requirements identified in Condition of Approval No. 13 of the City Council Ordinance approving the associated Planned Development Permit are herein incorporated by reference and shall be implemented for demolition activity required prior to recordation of the tract map. City Council Resolution —T-Map & Tree Removal Permit Page 2 57-101 Gilman Avenue & 60 Dillon Avenue 8. 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). 9. Covenants, Codes and Restrictions (CC&R's): Prior recordation of the Tract 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. The applicant shall remunerate the City for the full cost incurred by the City to review the draft CC&R's. a. Formation of a Homeowner's Association (HOA) to ensure the long-term maintenance of buildings and property. b. Continued architectural controls to ensure the architectural integrity of the project consistent with the Approved Project Plans. 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, etc. h. Provision of liability insurance in amount in keeping with accepted industry standards covering all common areas and all damage or injury caused by negligence of the HOA, its board or any of its agents, or the Owners, against any liability to the public or to any Owner incident to the use of or resulting from any accident or intentional or unintentional act of an Owner or third- party occurring in or about any common area. i. 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, with the exception of the trees in front of the apartment building on Dillon Avenue that need to be limited in height to allow aerial access for the Santa Clara County Fire Conditions of Approval —T-Map and Tree Removal Permit Page 3 57-101 Gilman Avenue & 60 Dillon Avenue District. j. Provision for regular monitoring and maintenance of the stormwater system, in accordance with the manufacturer's recommendations, including the permeable pavement system. k. Provision for the availability of interior garage space for the parking of vehicles at all times. 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 to reference the project's affordability restrictions and the HOA as the successors in interest. 10.Developer Affordable Housing Agreement: Exercise of this Approval is contingent upon recordation of a "Developer and Affordable Housing Agreement" for the provision of below-market rate housing, as more specifically identified in the City Council Resolution approving the Tentative Vesting Subdivision Map associated with the Planned Development Permit. 11.Affordable Housing Agreement: The developer shall comply with the following requirements: a. The applicant shall enter into a developer affordable housing agreement ("Agreement") with the City pursuant to CMC Sec. 21.20.150. The Agreement shall be recorded prior to final map approval and run with the land and bind all future owners and successors in interest. b. The Agreement shall designate four (4) below-market-rate (BMR) units within the Proposed Project as depicted on Sheet C17 (Below Market Rate Housing Plan) of the Approved Project Plans, including specifically two (2) Very-Low-Income rental units, one (1) Moderate for-sale unit, and one (1) Very-Low-Income for-sale unit. Only the City Council, upon recommendation of the Planning Commission, may modify the Density Bonus "Target Unit" selection through a modification of this Condition of Approval. c. Agreement that will be in a form provided by the city and shall include, without limitation, the following: 1) The total number of units approved for the residential project; 2) The number, location, and level of affordability of the target units and the inclusionary units; 3). The number of replacement units in accordance with Section Conditions of Approval —T-Map and Tree Removal Permit Page 3 57-101 Gilman Avenue & 60 Dillon Avenue 21.20.080 of this Chapter; 4) Standards for determining affordable rent or affordable ownership cost for the target units and any inclusionary units; 5)' The location, unit size in square feet, and number of bedrooms of target units and any inclusionary units; 6) Provisions to ensure initial and continuing affordability in accordance with the requirements of this chapter and Chapter 21.24, including the execution and recordation of subsequent agreements ensuring continued affordability pursuant to Sections 21.20.120 and 21.24.060; 7) A schedule for completion and occupancy of target units and inclusionary units in relation to construction of market rate units; 8) A description of any incentives, concessions, waivers, or reductions being provided by the city; 9) A description of remedies for breach of the agreement by either party. The city may identify tenants or qualified purchasers as third party beneficiaries under the agreement; 10) Procedures for qualifying tenants and prospective purchasers of target units, including preferences; 11) Provisions requiring maintenance of records to demonstrate compliance with this chapter; • 12) Other provisions to ensure implementation and compliance with this chapter and Chapter 21.24, if applicable. d. Building permit application shall be accompanied by the processing fees or deposits established by the City's schedule of fees and charges. All fees shall cover the costs of BMR eligibility determination and BMR document preparation, processing and administration, as established in CIVIC Sec. 21.20.160 and 21.20.180. 12.Continued Affordability and Initial Occupancy: a. The applicant shall agree to, and the city shall ensure, that the initial occupant of all the for-sale Below Market Rate units that qualified the applicant for the award of the density bonus are persons and families of very low, low, or moderate income, as required, and that the units are offered at an affordable housing cost, as that cost is defined in Section 50052.5 of the Health and Safety Code. b. The City shall enforce any equity sharing agreement unless it is in conflict with the requirement of another public funding source or law. The following apply to the equity sharing agreement: Conditions of Approval —T-Map and Tree Removal Permit Page 3 57-101 Gilman Avenue & 60 Dillon Avenue I. Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. The city shall recapture any initial subsidy and its proportionate share of appreciation, which amount shall be used within five years for any of the purposes described in subdivision (e) of Section 33334.2 of the Health and Safety Code that promote home ownership. II. The City's initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the moderate-income household, plus the amount of any down payment assistance of mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value. III. The City's proportionate share of appreciation shall be equal to the ratio of the city's initial subsidy to the fair market value of the home at . the time of initial sale. c. A regulatory agreement, covenant, deed of trust, and/or other documents acceptable to the community development director or the director's designee, shall be recorded against each residential project containing affordable rental units for a minimum term of fifty-five years or more. A longer period of time may be specified if required by any construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program applicable to the residential project. d. No household shall be permitted to begin occupancy of a target unit unless the City or its designee has approved the household's eligibility. If the city or its designee maintains a list of, or otherwise identifies, eligible households, initial and subsequent occupants of target units shall be selected first from the list of identified households, to the maximum extent possible, in accordance with rules approved by the community development director or his or her designee. e. Preference in the rental or purchase of target units shall be given, first (for up to ten percent of all target units subject to this chapter) to income eligible employees of the city of Campbell, second to income eligible existing Campbell residents, and third to income eligible persons employed within the city limits of the city of Campbell. Public Works Department 1. Construction Drawings: The applicant shall submit the following permit applications prior to, or concurrent with the main Building permit application: a. Encroachment Permit for Street Improvement Plans: The frontage improvements for the project shall be shown on a separate street improvement plan as detailed here: https://www.campbellca.gov/187/Street- Conditions of Approval —T-Map and Tree Removal Permit Page 3 57-101 Gilman Avenue & 60 Dillon Avenue Improvements b. Building Permit for On-Site/Grading & Drainage Plans: The on-site grading, drainage, stormwater, landscaping, ADA and site improvements for the project shall be shown on a separate building permit plan as detailed here: https://www.campbellca.qov/DocumentCenterNiew/16594 c. Tract Map: The subdivision map documents required for this project shall be submitted for review by the City Surveyor as detailed here: https://www.campbellca.gov/DocumentCenterNiew/1478 • 2. Tract(Final) Map: Prior to issuance of any grading or building permits for the project, the applicant shall submit a Tract Map for review by the City and recordation, upon approval by the City Council, pay various fees/deposits and submit the map in a digital format acceptable to the City. 3. Right-of-Way for Public Street Purposes: Upon recordation of the 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 Gilman Avenue and Dillon Avenue frontages to accommodate the City standard thirty-foot half-street, 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 staff's comments and fully complete the right-of-way process. The applicant shall have all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 4. Private Easements: Upon recordation of the Tract Map, the applicant shall cause private easements to be recorded for private utilities, reciprocal ingress and egress, emergency vehicles, etc. • 5. Monumentation for Tract Map: Prior to recordation of the Tract Map, the applicant shall provide a cash deposit for setting all monuments shown on the map. Monuments shall be set per section 20.76.010 of the Campbell Municipal Code 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. 6. Park Impact Fee: A fee in-lieu of parkland dedication pursuant to Campbell Municipal Code (CMC) Chapter 20.24 (Park Impact Fees and Park Land Dedication • Subdivisions) is required. The in-lieu fee shall be equal to the fee for 35 new dwelling units based on the Multi-family rate, less credit for two (2) existing single- family dwellings at the Single-family rate. The fee in effect at the time of payment, as established by the City's Schedule of Fees, shall be the fee due. The fee shall be due to prior to recordation of the Tract Map. 7. Demolition: Prior to recordation of the Tract Map the applicant shall obtain a Conditions of Approval —T-Map and Tree Removal Permit Page 3 57-101 Gilman Avenue & 60 Dillon Avenue demolition permit and remove any nonconforming structures. 8. Soils Report: Upon submittal of the Tract Map, applicant shall provide a soils report prepared by a registered geotechnical or civil engineer. 9. Grading and Drainage Plan: Prior to recordation of the 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. 10.Storm Drain Area Fee: Prior to recordation of the Tract Map, the applicant shall pay the required Storm Drain Area fee, currently set at $2,385.00 per net acre, which is $2,716.52 (set for R-M land use). 11.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. 12.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. • a. 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. b. Upon submission of the grading 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. Conditions of Approval — T-Map and Tree Removal Permit Page 3 57-101 Gilman Avenue & 60 Dillon Avenue c. Prior to recordation of the Tract Map: I. 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. II. The applicant shall sign the "Covenants for the Operation and Maintenance of Stormwater. Facilities" and submit a Stormwater Management Plan. d. Prior to occupancy: I. 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. II. The as-built drawings show all pertinent constructed dimensions, elevations, shapes, and materials. III. All variations in construction from the approved design plan have been identified, including omissions to and additions from the approved plan. IV. Any changes are in conformance with local, state, or federal regulations. 13.Trash Capture: Install a full trash capture screen (StormTek ST3G or approved equal) in the existing storm drain catchbasin along the Dillon Avenue frontage. 14.Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer cleanout(s) shall be relocated or installed on private property behind the public right-of-way line. 15.Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. The plan shall clearly show the location and size of all existing utilities and the associated main lines; indicate which utilities and services are to remain; which utilities and services are to be abandoned, and where new utilities and services will be installed. Joint trenches for new utilities shall be used whenever possible. 16.Pavement Restoration: 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 Conditions of Approval —T-Map and Tree.Removal Permit . Page 3 57-101 Gilman Avenue & 60 Dillon Avenue • 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.• 17.Street Improvement Agreements / Plans / Encroachment Permit / Fees / Deposits: Prior to recordation of the 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 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 the main walking path in the sidewalk area. The PG&E transformer vault proposed along the Dillin frontage in support of the overhead utility undergrounding can be placed behind the curb, in line with the tree wells. c. Removal of existing driveway approaches, curb, gutter and sidewalk. d. Installation of City approved street trees, tree wells and irrigation.at 30 feet on center. Tree wells will be sized appropriate to the needs of the tree species selected. The City Arborist recommends the street trees along the Gilman Avenue frontage be a mixture of Natchez Crepe Myrtle and Trident •Maple, and the street trees along the Dillon Avenue frontage be Arbutus unedo 'Marina'. Tree species will be finalized during the street improvement plan stage. e. Installation .of City standard curb, gutter, sidewalk and ADA compliant driveway approach. The sidewalk along the Dillon Avenue shall be ten (10) feet wide, and along the Gilman Avenue frontage shall be nine (9) feet wide. The new southerly driveway along Gilman Avenue shall be a modified design to accommodate the required Fire truck turning radius requirements. f. Installation of asphalt concrete 2-inch grind and overlay to centerline, as required by the City Engineer. g. Installation of a full trash capture screen (StormTek ST3G or approved • equal) in the existing storm drain catchbasin along the Dillon Avenue frontage. • h. Installation of streetlights, conduits, conductors and related facilities in accordance with the City of Campbell's Street Lighting Policies. The need for additional streetlights will be evaluated at the street improvement stage. i. Relocation of existing streetlight service point cabinet on the Gilman Avenue Conditions of Approval —T-Map and Tree Removal Permit Page 3 57-101 Gilman Avenue & 60 Dillon Avenue frontage to the back of the new sidewalk. j. Add red curb to new Gilman Avenue driveways per City Traffic Engineer requirements. k. Installation of 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. 18.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 installed and accepted by the City, and the design engineer shall submit as-built drawings to the City. 19.Maintenance of Landscaping: Owner(s), current and future,.are required to maintain the landscaped 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, with the exception of the trees in front of the apartment building on Dillon Avenue that need to be limited in height to allow aerial access for the Santa Clara County Fire District. 20.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. 21.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.