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CC Ordinance 2308 - Adopt a Mitigated Negative Declaration and Approve a Planned Development Permit with Density Bonus 57-101 Gilman Ave ORDINANCE NO. 2308 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING A PLANNED DEVELOPMENT PERMIT WITH A DENSITY BONUS TO ALLOW CONSTRUCTION OF A RESIDENTIAL PLANNED DEVELOPMENT INCLUDING 25 TOWNHOMES WITH 12 JUNIOR ACCESSORY DWELLING UNITS (JADUS)AND ONE 10-UNIT APARTMENT BUILDING USE OF A 35% DENSITY BONUS (10 ADDITIONAL UNITS)AND WAIVERS FROM THE ZONING CODE AND EAST CAMPBELL AVENUE MASTER PLAN FOR 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. After due consideration of all evidence presented, the City Council of the City of Campbell does ordain as follows: 1. The Proposed Project is an application for a Planned Development Permit to allow construction of a residential planned development including 25 townhomes with 12 junior accessory dwelling units (JADUs) and one 10-unit apartment building with use of a 35% density bonus (10 additional units) in association with a Tentative Subdivision Map to allow the creation of 26 private lots and 7 common lots (33 new lots), and a Tree Removal Permit to allow removal of five (5) trees. 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 3, 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 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 Ordinance 2308 — Planned Development Permit, Density Bonus Page 2 57 — 101 Gilman Avenue & 60 Dillon Avenue 7. 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). 8. The allowable conforming unit count for the Proposed Project is 25 units (25.894 units, rounded down per CMC Sec. 21.02.020.D), calculated by adding the allowable unit count for the 60 Dillon Avenue parcel located within the East Campbell Avenue Master Plan (0.242 gr. acres x 27 units/gr. acre = 6.534 units) and the remaining parcels within the South of Campbell Avenue (SOCA) Plan (1.2103 gr. acres x 16 units.gr. acre = 19.36 units) together. The allowable density range for the SOCA Plan is based on the Sub-Area 3 density table, where the net lot area of the SOCA parcels is 41,328 square-feet, which is within the allowable 12-16 units/gr. acre density range for projects with a net lot size equal to a greater than '/2 acre but less than one acre. 9. With 25 conforming units, the Proposed Project's 15% Inclusionary Housing obligation is 4 units (3.75 units, rounded up per CMC Sec. 21.24.040.A). Consistent with the conforming unit count distribution of 40% of rental units (10 units = 25 total units) and 60% of for-sale units (15 units = 25 units), the proportional distribution of BMR is two (2) rental units (4 units x 40% = 1.66 units= 2 units) and two (2) for-sale units (4 units x 60% = 2.4 units = 2 units). Consistent with the distribution requirements for inclusionary units provided in CMC Sec. 21.24.040.D and 21.24.040.E, one (1) Very-Low-Income rental unit, one (1) Low-Income rental unit, one (1) Low-Income for-sale unit, and one (1) Moderate-Income for-sale unit shall be required. 10. The Proposed Project includes provision of two (2) Very-Low-Income rental units, one (1) Moderate for-sale. unit, and one (1) Very-Low-Income for-sale unit, satisfying the aforementioned 15% Inclusionary Housing requirement. Further, the three (3) Very-Low- Income units also constitute the "target" units for the requested Density Bonus. Specifically, the three (3) "target" units equal 12% (11.5% rounded up) of the 26 allowable "base" units (25.894 units rounded up). Provision of 12% of Very-Low-Income "target" units qualifies the Proposed Project for a 38.75% density bonus allowing for eleven (11) "density" bonus units (26 "base" units x 38.75%, rounded up). The eleven (11) "bonus" units are permitted in addition to the otherwise allowable 25 "conforming" units (25.894 units, rounded down per CMC Sec. 21.02.020.D) for a total allowable unit count of 36 units. The Proposed Project includes ten (10) "bonus" units for a total unit count of 35 units, exercising only a 35% density bonus (26 "base units" units x 35%, rounded up). The Proposed Project is therefore consistent with the requested Density Bonus. 11. The Proposed Project's 35 units would result in a density of 24 units/gr. acre (35 units 1.452 gr. 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. 12. 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. City Council Ordinance 2308 — Planned Development Permit, Density Bonus Page 3 57 — 101 Gilman Avenue & 60 Dillon Avenue 13. 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. 14. The proposed Planned Development Permit would be adopted by City Council ordinance as also required by former CMC Section 21.12.030.H.10.c(1), because the project consists of the construction of more than twenty thousand square feet of gross floor area. 15. 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. 16. The Proposed Project would be consistent with the following General Plan policies and strategies: • 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. • • 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. • 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. • 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. • 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. • 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. • Strategy LUT-9.3f: Development Orientation: Orient new development toward public and private amenities or open space, • Policy LUT-10.1: Landscaping: Encourage the retention and planting of landscaping to enhance the natural and built environment. • Policy LUT-10.2: Roadway Landscaping: Landscape public roadways to define the character of districts and neighborhoods. • Policy LUT-16.1: Land Use: Allow commercial, industrial, and / or residential land uses in accordance with the adopted plan for each SOCA subarea. City Council Ordinance 2308 — Planned Development Permit, Density Bonus Page 4 57 — 101 Gilman Avenue & 60 Dillon Avenue • Policy CNR-4.1: Tree Planting: Plant additional trees to maintain and enhance the City's suburban forest. • . 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. • 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. 17. The proposed Planned Development Permit 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 streetlight(s). 18. In review of the proposed project, the City Council considered the site circulation, traffic congestion, and traffic safety effects of the project, including the effect of the site development plan on traffic conditions on abutting streets; the layout of.the site with respect to locations and dimensions of vehicular and pedestrian entrances, exit driveways, and walkways; the arrangement and adequacy of off-street parking facilities to prevent traffic congestion; the location, arrangement, and dimensions of truck loading and unloading facilities; the circulation patterns within the boundaries of the development, and; the surfacing f. • and lighting of the off-street parking facilities: 19. The City Council further considered the landscaping design of the proposed project, including the location, height, and material of fences, walls, hedges, and screen plantings to ensure harmony with adjacent development or to conceal storage areas, utility installations, and other unsightly aspects of the development; the planting of groundcover or other surfacing to prevent dust and erosion, and the preservation of existing healthy trees. 20. The City Council further considered the proposed project's architectural and site layout, including the general silhouette and mass, including location on the site, elevations, and relation to natural plant coverage, all in relationship to the surrounding neighborhood; the exterior design in relation to adjoining structures in terms of area, bulk, height, openings, and breaks in the facade facing the street; and appropriateness and compatibility of the proposed uses in relation to the adjacent uses and the area as a whole. • 21. 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. • 22. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. . . 23. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project.. City Council Ordinance 2308 — Planned Development Permit, Density Bonus Page 5 57 — 101 Gilman Avenue & 60 Dillon Avenue Based upon the foregoing findings of fact and in consideration of the entire administrative record, the City Council further finds and concludes that: 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; 5. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project; 6. There is, a reasonable relationship between the use of the fees imposed upon the project and the type of development project; 7. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment; Density Bonus Finding(s) (CMC Sec. 21.20.140.2): 1. The residential project is eligible for a density bonus and any concessions, incentives, waivers, modifications, or reduced,parking standards requested; conforms to all standards for affordability included in this chapter; and includes a financing mechanism for all implementation and monitoring costs; 2. Any requested incentive or concession will result in identifiable, financially sufficient, and actual cost reductions based upon appropriate financial, analysis and documentation if required by Section 21.20.110; 3. If the density bonus is based all or in part on dedication of land, the approval body has made the findings included in Government Code Section 65915(h); 4. If the density bonus, incentive, or concession is based all or in part on the inclusion of a childcare facility, the approval body has made the finding included in Government Code Section 65915(i); 5. If the incentive or concession includes mixed use buildings or developments, the approval body has made the finding included in Section 21.20.110(4)(g); City Council Ordinance 2308 — Planned Development Permit, Density Bonus Page 6 57 - 101 Gilman Avenue & 60 Dillon Avenue 6. If a waiver or modification is requested, the applicant has shown that the waiver or modification is necessary to make the housing units economically feasible by providing • ' appropriate financial analysis and documentation as described in Section 21.20.110(5), and that the development standards will have the effect of precluding the construction of the residential project at the densities or with the incentives or concessions permitted by this section. 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 (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. City Council Ordinance 2308 — Planned 'Development Permit, Density Bonus Page 7 57 — 101 Gilman Avenue & 60 Dillon Avenue 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 2'8th, 2024 to.March 19th, 2024. 13. As the Mitigated Negative Declaration was circulated after July 1, 2020, transportation 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. SECTION ONE: That this Ordinance be adopted to adopt a Mitigated Negative Declaration, approve a Planned Development Permit with a Density Bonus (PLN2023-125) to allow construction of a residential planned development 'including 25 townhomes with 12 junior accessory dwelling units (JADUs) and one 10-unit apartment building with use of a 35% density bonus (10 additional units) and waivers from the zoning code and East Campbell Avenue Master Plan on property located at 57-101 Gilman Avenue and 60 Dillon Avenue, subject to the attached Conditions of Approval (attached Exhibit A). SECTION. TWO: This Ordinance shall become effective thirty (30) days following its passage and adoption and shall be published, one time within fifteen (15) days upon passage and adoption in the Metro Silicon Valley, a newspaper of general circulation in the City of Campbell, County of Santa Clara. PASSED AND ADOPTED this 21st day of May, 2024, by the following roll call vote: City Council Ordinance 2308 — Planned Development Permit, Density Bonus Page 8 57 — 101 Gilman Avenue & 60 Dillon Avenue AYES: Councilmembers: Bybee, Furtado, Scozzola, Lopez, Landry NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None APPROVEDS I>60.1m P—I Susan M. Landry, Mcor ATTEST: Andrea Sa ers, City Clerk EXHIBIT A CONDITIONS OF APPROVAL Planned Development Permit & Density Bonus Request 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 Planned Development Permit with a Density Bonus to allow the construction of a residential planned development including 25 townhomes with 12 junior accessory dwelling units (JADUs) and one 10-unit apartment building, a new private street, and associated site, parking, and landscaping improvements, on property located at 57 — 101 Gilman Avenue and 60 Dillon Avenue. The Approved Project shall substantially conform to the Approved Project Plans included as Attachment C in the May 7, 2024 City Council Staff Report, except as may be modified by conditions of approval contained herein. 2. Permit Expiration: Approval of the Planned Development Permit ("Approval") shall be valid for two (2) years from the effective date of City Council action. Within this two- year period a Building Permit for the project must be issued pursuant to CMC Sec. 21.56.030.B.1. Failure to meet this deadline or expiration of an issued Building Permit shall result in the Approvalbeing rendered void. 3. Tract Map: Exercise of this Approval is contingent upon recordation of the Tract Map associated with the Tentative Subdivision Map for the Approved Project. The Tract Map shall be recorded prior to the issuance of building or grading permits. However, the Tract Map may not be recorded if the Planned Development Permit expires or is otherwise rendered void. 4. Planning Final Required: Planning Division clearance is required prior to Building Permit final. Construction not in substantial compliance with the Approved Project Plans shall not be approved without prior authorization. 5. Minor Revisions: Architectural refinements and other minor revisions to the Approved Project Plans, may be administratively approved by the Community Development Director pursuant to CMC Sec. 21.56.060. 6. Accessory Dwelling Unit Restriction: The applicant shall record deed restrictions on the parcels containing junior accessory dwelling units consistent with CMC Section 21.23.070 prior to the issuance of building permits. 7. On-Site Lighting: On-site'lighting shall be shielded away from adjacent properties and City Council Ordinance — Planned Development Permit, Density Bonus Page 2 57 — 101 Gilman Avenue & 60 Dillon Avenue directed on site in compliance with City of Campbell Lighting Design Standards (CMC 21.18.090). 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. Any transformers shall be screened with landscaping and/or artistically painted. 9. Fences/Walls: Any newly proposed fencing and/or walls shall comply with CMC Section 21.18.060. 10.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 building, grading, or demolition permits. 11.Water Efficient Landscape Standards: This project is subject to the updated California Model Water Efficient Landscape Ordinance (MWELO). The building permit application for grading and on-site improvements shall demonstrate compliance ,with the applicable MWELO and landscaping requirements and shall include the following. Replacement trees shall be provided consistent with the Conditions of Approval of the associated Tree Removal Permit. a. A Landscape Documentation Package prepared by an authorized and licensed; • professional demonstrating compliance with the full MWELO requirements with the. following required elements: • I. Project Information per Section 492.3. II. 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. III. 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). IV. Landscape Design Plan per Section 492.6. V. . Irrigation Design Plan per Section 492.7. VI. Grading Design Plan per Section 492.8. i. Note that a Soil Management Report (if not submitted as part of the Landscape Documentation Package) and Certificate of Completion City Council Ordinance — Planned Development Permit, Density Bonus Page 3 57 — 101 Gilman Avenue & 60 Dillon Avenue ii. 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." 12.Construction Activities: The applicant shall abide by the following requirements during construction and demolition activity: a. General City Requirements: Construction activity shall comply with these general City construction requirements: I. The project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street prior to the issuance of building permits. II. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00 p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take place on Sundays or holidays unless an exception is granted by the Building Official. III. All construction equipment with internal combustion engines used on the project site shall be properly muffled and maintained in good working condition. IV. Unnecessary idling of internal combustion engines shall be strictly prohibited. V. All stationary noise-generating construction equipment, such as air compressors and portable power generators, shall be located as far as possible from noise-sensitive receptors such as existing residences and businesses. b. Noise Attenuation Measures: Due to the proximity of adjacent residences, the following noise attenuation measures shall be implemented: I. All construction equipment shall be properly maintained in good working order. II. Prior to construction activities, designate a "Construction Noise Coordinator" who would be responsible for responding to any local complaints about construction noise. The Construction Noise Coordinator shall determine the cause of the complaint and shall require that reasonable measures warranted to correct the problem be implemented (potentially including temporary noise barriers). The telephone number for the Construction Noise Coordinator shall be conspicuously posted at the construction site. III. The construction contractor shall provide, at least three weeks prior to the City Council Ordinance — Planned Development Permit, Density Bonus Page 4 57 — 101 Gilman Avenue & 60 Dillon Avenue start of construction activities, written notification to all nearby residential units within 200 feet of the construction site informing them of the estimated start date and duration of construction activities. IV. Locate temporary generators and air compressors (if utilized) as far away from sensitive noise receptors as necessary to reduce noise. c. Construction Hours/Fines/Stop Work Notice: Failure to comply with above requirements 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. d. 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 13.Mitigation Measures: a. AQ-1: BAAQMD Basic Control Measures: I. Water all active construction areas at least twice daily. II. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard. III. Sweep all paved access roads, parking areas and staging areas at construction sites as required to prevent soil material from being carried onto adjacent streets. IV. All vehicle speeds on unpaved roads shall be limited to 15 miles per hour (mph). V. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). VI. Clear signage shall be provided for construction workers at all access points. VII. All construction equipment shall be maintained and properly tuned in accordance with the manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation.. VIII. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. IX. All construction equipment larger than 25 horsepower used at the site for City Council Ordinance — Planned Development Permit, Density Bonus Page 5 57 — 101 Gilman Avenue & 60 Dillon Avenue . more than two continuous days or 20 hours total shall meet U.S. EPA Tier 4 emission standards for particulate matter (PM10 and PM2.5), if feasible, otherwise, use equipment that meets U.S. EPA emission standards for Tier 2 or 3 engines and include particulate matter emissions control equivalent to CARB Level 3 verifiable diesel emission control devices that altogether achieve a 30 percent reduction in particulate matter exhaust in comparison to uncontrolled equipment. X. Alternatively, the applicant may develop another construction operations plan demonstrating that the construction equipment used on-site would achieve a reduction in construction diesel particulate matter emissions by 30 percent or greater. XI. Post a publicly visible sign with the telephone number and person to contact. at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District's phone number shall also be visible to ensure compliance with applicable regulations. b. CULT-1: Pursuant to the California Health and Safety Code Section 7050.5, and the CEQA Guidelines Section 15064.5, in the event of discovery or recognition of any human remains in any location other than a dedicated cemetery, there shall be no further .excavation or disturbance of the site, or any nearby area reasonably suspected to overlay adjacent remains, until the County Coroner has examined the • • remains. If the coroner determines the remains to be Native American or has reason to believe that they are Native American, the coroner shall contact by telephone within 24-hours of the Native American Heritage Commission to determine the Most Likely Descendent (MLD). c. GEO-1: The Geotechnical Study completed on June 28, 2023, by Geo-Logic Associates includes the following Geotechnical Recommendations which are recommended mitigation measures: I. 5.1 — Earthwork II. 5.2 — Foundations III. 5.3 — Concreate Slabs on Grade • IV. 5.4 - Retaining Walls V. 5.5 —Vehicle Pavements VI. 5.6 - Surface and Subsurface Drainage d. GHG-1: Implement the following construction best practices: I. Use zero-emission and hybrid-powered equipment if reasonably available, particularly if emissions are occurring near sensitive receptors or located within a BAAQMD-designated Community Air Risk Evaluation (CARE) area City Council Ordinance — Planned Development Permit, Density Bonus Page 6 57 — 101 Gilman Avenue & 60 Dillon Avenue or Assembly, Bill 617 community. II. Require all diesel-fueled off-road construction equipment be equipped with EPA Tier 4 Final compliant engines or better as a condition of contract. III. Minimize idling time either by shutting equipment off when not in use or reducing the time of idling to no more than 2 minutes (A 5-minute limit is required by the state airborne toxics control measure [Title 13, Sections 2449(d)(3) and 2485 of the California Code of Regulations]). Provide clear signage that posts this requirement for workers at the entrances to the site and develop an enforceable mechanism to monitor idling time to ensure compliance with this measure. IV. Prohibit off-road diesel-powered equipment from being in the "on" position for more than 10 hours per day. V. Require all construction equipment is maintained and properly tuned in accordance with manufacturer's specifications. Equipment should be checked by a certified mechanic and determined to be running in proper condition prior to operation. VI. Where grid power is available, prohibit portable diesel engines and provide electrical hook ups for electric construction tools, such as saws, drills and compressors, and using electric tools whenever feasible. VII. Where grid power is not available, use alternative fuels, such as propane or solar electrical power, for generators at construction sites. VIII. Reduce electricity use in the construction office by using LED bulbs, powering off computers every day, and replacing heating and cooling units with more efficient ones. IX. Recycle or salvage nonhazardous construction and demolition debris, with a goal of recycling at least 15% more by weight than the diversion requirement in Title 24. X. Use locally sourced or recycled materials for construction materials (goal of at least 20% based on costs for building materials and based on volume for roadway, parking lot, sidewalk and curb materials). • Xl. Use low-carbon concrete, minimize the amount of concrete used and produce concrete on-site if it is more efficient and lower emitting than transporting ready-mix. XII. Develop a plan to efficiently use water for adequate dust control since substantial amounts of energy can be consumed during the pumping of water. XIII. Include all requirements in applicable bid documents, purchase orders, and City Council Ordinance — Planned Development Permit, Density Bonus Page 7 57 — 101 Gilman Avenue & 60 Dillon Avenue contracts, with successful contractors demonstrating the ability to supply the compliant on- or off-road construction equipment for use prior to any ground- disturbing and construction activities. • e. NOISE-1: Minimum STC 28 exterior windows and doors will be needed throughout the site. f. NOISE-2: The ventilation system will need to be designed such that it does not compromise sound insulation of the building shell. g. HAZARD-1: Prior to issuance of a grading permit, applicant shall submit a proposal for no further action (NFA) and obtain a NFA determination from the San Francisco Bay Regional Water Quality Control Board. Building Department 14.Permit Required: Building permit applications shall be required for each new dwelling and` include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 15.Conditions of Approval: The Conditions of Approval shall be stated in full on the cover • sheet of construction plans submitted for building permits. 16.Construction Fencing:The property 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. County Fire District 17.Fire Apparatus Turnaround Required: Provide an approved fire department engine driveway turnaround with a minimum radius of 60 feet outside. Maximum grade in any direction shall be a maximum of 5%. Installations shall conform with 2022 CA Fire Code Appendix D as amended by SCCFD. CFC Sec. 503. Driving surface shall be capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds (34050 kg). Show a turnaround that accommodates aerial apparatus with minimum outside turning radius of 60 feet. Aerial access is only required for the apartment building on Dillon Avenue. To be addressed at building permit submittal-. o Identify on the plans how the turnaround will be delineated and unobstructed. o Revise plan to show red curb and sign locations. 18.Fire Lanes Required: The minimum clear width of fire department access roads shall be 26 feet since aerial access is required. Fire apparatus access roads shall be designated and marked as a fire lane as set forth in Section 22500.1 of the California Vehicle Code. The entire 26-foot fire apparatus access roads shall be marked as fire lanes. Signs or other approved notices shall be posted. Aerial access is only required for the apartment building on Dillon Avenue. To be at addressed building permit submittal. a. Revise plans to show where red curbs will be provided and marked. City Council Ordinance — Planned Development Permit, Density Bonus Page 8. 57 — 101 Gilman Avenue & 60 Dillon Avenue b. Revise plans to show where fire lane signs will be provided and installed. 19.Fire Sprinklers Required: Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the locations described in this Section or in Sections 903.2.1 through 903.2.18. To be confirmed at building permit review. a. Revise plans to note on sheet Al-1 that sprinklers will be installed as a deferred submittal. 20.Fire Alarm Requirements: Refer to CFC Sec. 907 and the currently adopted edition of NFPA 72 for fire alarm requirements. To be confirmed at building permit review. a. Revise plans to note on Sheet Al-1 that fire alarm will be installed as a deferred submittal. 21.Two-way Communication System Required: Two-way communication systems shall be • designed and installed in accordance with NFPA 72 (2016 edition), the California Electrical Code (2013 edition), the California Fire Code (2016 edition), the California Building Code (2022 edition), and the city ordinances where two-way system is being installed, policies, and standards. To be confirmed at building permit review. a. Revise plans to note on sheet Al-1 that two-way communication system will be installed as a deferred submittal. 22.Required Fire Flow: The fire flow for this project is 3,000 GPM at 20 psi residual pressure. Since an automatic fire sprinkler system will be installed, the fire flow will be reduced by 25%, establishing a required adjusted fire flow of 2,250 GPM at 20 psi residual pressure. Note: The minimum required number and spacing of the hydrants shall be in accordance with CFC Table C102.1. To be confirmed at building permit review. a. Provide a fire flow letter confirming the required fire flow of 2,250 GPM @20 psi. b. Revise plans to state construction type. Construction type was stated in response letter but shall be noted on plans. 23.Fire Hydrant Required: Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, onsite fire hydrants and mains shall be provided where required by the fire code official. [CFC, Section 507.5.1]. To be confirmed at building permit review. a. Hydrants shown on sheet C13. b. New hydrant authorization plans shall be approved by SCCFD and San Jose Water. 24.Fire Apparatus Access Roadway Required: Provide an access roadway. Installations shall conform to Fire Department Standard Details and Specifications sheet A-1. CFC Sec. 503. To be confirmed at building permit review. City Council Ordinance — Planned Development Permit,.Density Bonus Page 9 57 — 101 Gilman Avenue & 60 Dillon Avenue a. 20 foot roadway to be unobstructed and maintained. b. Turning radii shown on sheet C13 25.Fire Department Connection: The fire department connection (FDC) for the structure in support of the sprinkler system shall be installed at the street on the street address side of the building. It shall be located within 100 feet of a public fire hydrant and within ten (10) feet of the main PIV (unless otherwise approved by the Chief due to practical difficulties). FDC's shall be equipped with a minimum of two (2), two-and-one-half(2- 1/2") inch national • standard threaded inlet couplings. Orientation of the FDC shall be such that hose lines may be readily and conveniently attached to the inlets without interference. FDC's shall be painted safety yellow [SCCFD, SP-2 Standard]. To be confirmed at building permit review. a. FDC shown on sheet C13. 26.Ground ladder Required: Ground-ladder rescue from second and third floor rooms shall be made possible for fire department operations. Climbing angle of seventy five degrees shall be demonstrated on the plans and maintained. Landscaping shall not be allowed to interfere with the required access (CFC Sec. 503 and 1029 NFPA 1932 Sec. 5.1.8 through 5.1.9.2). To be confirmed at building permit review. • 27.Buildings and Facilities Access: Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or with the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet of all portions of the facility and all portions of the - exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. [CFC, Section 503.1.1]. To be confirmed at building permit review. 28.Aerial access will be required: Where required: Buildings or portions of buildings or facilities exceeding 30 feet (9144 mm) in height above the lowest level of fire department vehicle access shall be provided with approved fire apparatus access roads capable of accommodating fire department aerial apparatus. Overhead utility and power lines shall not be located within the aerial fire apparatus access roadway. 2. Width: Fire apparatus access roads shall have a minimum unobstructed width of 26 feet (7925) in the immediate vicinity of any building or portion of building more than 30 feet (9144 mm) in height. 3.Proximity to building: At least one of the required access routes meeting this condition shall be located within a minimum of 15 feet (4572) and a maximum of 30 feet (9144mm) from the building, and shall be positioned parallel to one entire side of the building, as approved by the fire code official [CFC Chp. 5 and SCCFD SD&S A-1]. Building 3A exceeds 30 feet. To be confirmed at building permit review. a. Sheet A-28 shows building/street section views demonstrating how the aerial ladder access will be achieved without obstruction. 29.Trash enclosure: Trash enclosure will need to comply with 2022 CFC section 304. If trash size exceeds 1.5 cubic yards then either a sprinkler system is required or the enclosure will need to be type IA or IIA construction. To be confirmed at building permit review. City Council Ordinance — Planned Development Permit, Density Bonus Page 10 57 — 101 Gilman Avenue & 60 Dillon Avenue 30.Address identification: New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 6 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address numbers shall be maintained. CFC Sec. 505.1. To be confirmed at building permit review. 31.Water Supply Requirements: Potable water supplies shall be protected from contamination caused by fire protection water supplies. It is the responsibility of the applicant and any contractors and subcontractors to contact the water purveyor supplying the site of such project, and to comply with the requirements of that purveyor. Such requirements shall be incorporated into the design of any .water-based fire protection systems, and/or fire suppression water supply systems or storage containers that may be physically connected in any manner to an appliance capable of causing contamination of the potable water supply of the purveyor of record. Final approval of the system(s) under consideration will not be granted by this office until compliance with the requirements of the water purveyor of record are documented by that purveyor as having been met by the applicant(s). 2022 CFC Sec. 903.3.5 and Health and Safety Code 13114.7. To be confirmed at building permit review. 32.Construction Site Fire Safety: All construction sites must comply with applicable provisions of the CFC Chapter 33 and our Standard Detail and Specification S1-7. Provide appropriate notations on subsequent plan submittals, as appropriate to the project. CFC Chp. 33. To be confirmed at building permit review.