Reso 4714RESOLUTION NO. 4714 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A MINOR HOUSING DEVELOPMENT PROJECT PERMIT WITH USE OF DENSITY BONUS LAW (DBL) WAIVERS AND A CONCESSION FROM THE ZONING CODE AND MULTI-FAMILY DEVELOPMENT AND DESIGN STANDARDS (MFDDS) TO ALLOW CONSTRUCTION OF A 40-UNIT
TOWNHOME STYLE CONDOMINIUM UNITS ACROSS 6 BUILDINGS, WITH ASSOCIATED SITE AND LANDSCAPING IMPROVEMENTS; AND A TENTATIVE VESTING SUBDIVISION MAP TO ALLOW CREATION OF 6 RESIDENTIAL LOTS, 9 COMMON LOTS, AND RELATED PUBLIC AND PRIVATE EASEMENTS, ON PROPERTY
LOCATED AT 320 VIRGINIA AVENUE. FILE NO.: PLN-2023-157 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 Planning Commission finds as follows with regard to the recommended approval of a Minor Housing Development Project Permit with use of Density Bonus Law (DBL) waivers and a concession, and a Tentative Vesting Subdivision Map ("Proposed Project"): Environmental Findings:
1. The Proposed Project may be found Exempt under Sections 15300.2 (Exceptions) and 15332 (In-Fill Development Projects) of the California Environmental Quality Act (CEQA).
2. 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.
3. As supported by substantial evidence in the administrative record, including technical studies that have been peer-reviewed by the City's environmental consultant, and as summarized in the CEQA Memorandum, available for public review on the City's
website and at the Campbell Community Development Department, the City has determined that the Proposed Project, inclusive of voluntary project commitments that are incorporated herein by reference, qualifies for an exemption from additional environmental review, and all required findings can be affirmatively established.
Evidentiary Findings: 1. The Proposed Project is an application for a Minor Housing Development Project Permit with use of Density Bonus Law (DBL) waivers and a concession from the Zoning Code and Multi-Family Development and Design Standards (MFDDS) to allow
construction of a 40-unit housing development project across 6 buildings, with associated site and landscaping improvements; and a Tentative Vesting Subdivision Map to allow creation of 6 residential lots, 9 common lots, and related public and private easements.
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2. The Project Site is a 2.08 gross acre parcel located on Virginia Avenue, south of Bucknall Road, and borders residential uses to the south, west, and east, and a public
assembly use to the north.
3. The Project Site is designated Medium Density Residential (18-25 du/ac) on the City of Campbell General Plan Land Use Map.
4. The Project Site is designated Medium Density Residential (MDR) on the City of Campbell Zoning Map.
5. The Project Site is designated T4 Neighborhood.Medium (T4N.M) on the City of
Campbell Form-Based Zone Map.
6. The Project Site is currently undeveloped and was previously operated as a water well site owned by San Jose Water Company.
7. The Project Site is identified as an "opportunity site" in the City of Campbell 2023-
2031 Housing Element.
8. The Proposed Project would achieve a density 19.23 units/gr. acre (40 units ÷ 2.08 gross acres), consistent with Housing Element Policy H-1.4, which requires that housing opportunity sites achieve at least 75 percent of the maximum General Plan Land Use density (75% × 25 units/gr. acre = 18.75/units gr. acre minimum density).
9. The Proposed Project was submitted pursuant to a Housing Crisis Act ("SB-330")
preliminary application filed in compliance with Government Code § 65941.1 on June 28, 2023 (file no. PLN-2023-121), predating the July 1, 2023, implementation of the new Municipal Regional Stormwater (MRP) "3.0" NPDES Permit.
10. Pursuant to Campbell Municipal Code (CMC) Chapter 21.24 (Inclusionary Housing
Ordinance), 15% of the units within the Proposed Project must be restricted to Low-
Income and Moderate-Income households. Specifically, as required by CMC Sec. 21.24.040, three (3) units shall be restricted to Low-Income households and three (3) to Moderate-Income households, as demonstrated in the Affordable Housing Plan, included herein as Exhibit B.
11. The three (3) Low-Income units and one (1) Moderate-Income unit also constitute
"Target Units" under Density Bonus Law (DBL), by providing at least 10% of the Proposed Project's base units as affordable to Moderate-Income households (or a greater degree of affordability), as specified by Government Code § 65915(b)(1)(D).
12. Pursuant to CMC Chapter 21.20 (Density Bonuses and Other Housing Incentives) and
California Government Code Sections 65915-65918, the Proposed Project is eligible
for unlimited waivers from or reductions to development standards, one (1) concession/incentive, and a 5% Density Bonus. The requested waivers and concession are itemized in the Housing Incentive Request, included herein as Exhibit C. An increase in density ("bonus") is not requested as part of the Proposed Project.
13. The City's review of the requested Density Bonus waivers and concession was
conducted consistent with Bankers Hill 150 v. City of San Diego (2022), which
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established that the City "may not apply any development standard that would physically preclude construction of that project as designed, even if the building
includes 'amenities' beyond the bare minimum of building components," when an
applicant has requested a waiver(s) and/or concession(s), as well as with Schreiber
v. City of Los Angeles (2021), which restricts the City's ability to require information to substantiate the basis for a requested waiver(s) or concession(s).
14. The Proposed Project's requested concession is relief from the undergrounding of
utilities requirement of CMC Chapter 21.18 (Site Development Standards). While not
required, the applicant has voluntarily provided an estimate which demonstrates a cost saving in seeking relief from the undergrounding of utilities.
15. The Proposed Project, by creation of two or more housing units, constitutes a "Housing Development Project" under the Housing Accountability Act (HAA)
(Government Code Section 65589.5). The City is, therefore, limited in its capability
to "deny, reduce the density for, or render infeasible" the proposed project unless: 1) the proposal is found to be in violation of an objective general plan/zoning standard; or 2) the project will result in a specific adverse impact to public health and safety.
16. The Proposed Project is consistent with the "no net loss" and "protected units"
replacement provisions of the Housing Crisis Act (HCA) (Government Code Section
66300(d)), as it does not include the demolition of any existing housing unit(s), as certified by the submission of a signed "Housing Crisis Act (SB330/SB 8) Compliance Form," included in the administrative record.
17. The Proposed Project complies objective zoning and design review standards of the
Campbell Municipal Code (CMC) and Multi-Family Development and Design
Standards (MFDDS), accounting for incentives or concessions, waivers or reductions of development standards, as provided by State Density Bonus Law.
18. The Proposed Project is exempt from analysis under the City's amended Vehicle Miles Traveled (VMT) Policy, which presumes a development will have a less-than-
significant transportation impact when the (1) proposed project land use is consistent
with the General Plan; (2) the proposed project land use is within the increment of land use change evaluated in the General Plan EIR by TAZ; and (3) the proposed project is consistent with General Plan VMT policies.
19. Based on trip generation values provided by the Institute of Transportation Engineers
(ITE) Trip Generation Manual, the Proposed Project would result in less than 100 peak
hour trips, therefore not requiring preparation of a traffic impact analysis pursuant to the Congestion Management Program, as specified by the VTA Transportation Impact
Analysis (TIA) Guidelines.
20. The Proposed Project, as conditioned, would be consistent with the following General
Plan policies and Actions:
Action CD-1.b: Adopt and apply objective standards for all residential projects that respect and build upon Campbell’s unique character and distinctive neighborhoods.
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Action LU-1.g: Through the development review and permit process, ensure that residential developments fall within the minimum and maximum density range stipulated on the Land Use Map.
Policy LU-2.1: Promote high quality, creative design and site planning that is compatible with surrounding development, public spaces, and
natural resources.
Policy H-1.1: Inclusionary Housing: Ensure that new residential development in Campbell integrates units affordable to very low-, low-, and moderate-income households, or contributes funds to support the development of affordable housing.
Policy H-1.4: Planned for Densities: All housing opportunity sites shall achieve 75 percent of the maximum General Plan Land Use density.
Policy H-1.8: Housing Types: Support a range of housing types, densities, and
affordability levels distributed throughout the City.
21. Pursuant to CMC Sec. 21.07.100, the decision-making body may impose conditions, as it deems reasonable and necessary under the circumstances, to carry out the intent of Chapter 21.07 (Housing Development Regulations) and the Campbell General
Plan.
22. As a condition of approval, the applicant shall record Covenants, Codes, and Restrictions (CC&Rs) for the Proposed Project, forming a Homeowner's Association (HOA) and formalizing the operational responsibilities of the HOA.
23. No substantial evidence has been presented which shows that the Proposed Project,
as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment.
24. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the Proposed Project.
25. There is a reasonable relationship between the use of the fees imposed upon the
Proposed Project and the type of development project.
Based upon the foregoing findings of fact and in consideration of the entire administrative record, the Planning Commission further finds and concludes that:
Housing Development Permit (CMC Sec. 21.07.070.A):
1. The project, as conditioned, complies with all objective standards;
2. The project, as conditioned, is consistent with all applicable General Plan goals, policies, and actions;
3. In the event of a conflict between General Plan and Zoning Standards, the standards contained in the General Plan were applied;
4. The project will not result in a specific adverse impact to public health and safety that
cannot be mitigated without rendering the project infeasible;
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Tentative Subdivision Map Findings (Govt. Code § 66410 et seq.):
5. That the proposed map is consistent with applicable general and specific plans;
6. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans;
7. That the site is physically suitable for the type of development;
8. That the site is physically suitable for the proposed density of development;
9. 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;
10. The design of the subdivision or the type of improvements will not cause serious public health problems;
11. 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;
Density Bonus Findings (CMC Sec. 21.20.140.2):
12. 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;
13. 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.
14. 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):
15. There are no unusual circumstances that would prevent the project from qualifying as Exempt per Section 15300.2 of the CEQA Guidelines.
16. The Proposed Project is consistent with the General Plan, applicable General Plan policies, zoning district, and regulations.
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17. The Proposed Project is within the City of Campbell, is no more than 5 acres and surrounded by urban uses.
18. The Project Site has no value as habitat for endangered, rare or threatened species
and can be adequately served by all required utilities and public services.
19. Approval of the Proposed Project would not result in any significant effects relating to traffic, noise, air quality, or water quality.
THEREFORE, BE IT RESOLVED that the Planning Commission approvals a Minor
Housing Development Project Permit and Vesting Tentative Map with use of Density
Bonus Law (DBL) waivers and a concession (identified in Exhibit C) from the Zoning Code and Multi-Family Development and Design Standards (MFDDS) to allow construction of 40-unit townhome style condominium units and creation of 6 private lots and 9 common lots, with associated site improvements; and finding the Proposed Project exempt from
formal environmental review under Sections 15300.2 and 15332 of the California
Environmental Quality Act (CEQA), for property located at 320 Virginia Avenue, subject to the attached recommended Conditions of Approval (attached Exhibit A) PASSED AND ADOPTED this 23rd day of July, 2024, by the following roll call vote:
AYES: Commissioners: Zisser, Buchbinder, Krey, Ostrowski, Fields, Majewski NOES: Commissioners: Kamkar ABSENT: Commissioners: ABSTAIN: Commissioners:
APPROVED: Alan Zisser, Chair
ATTEST: Rob Eastwood, Secretary
Alan Zisser (Aug 5, 2024 12:15 PDT)
EXHIBIT A
CONDITIONS OF APPROVAL PLN-2023-157
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 Minor Housing Development Project Permit with use of Density Bonus Law (DBL) waivers and a concession (identified in Exhibit C) from the Zoning Code and Multi-Family Development and Design Standards (MFDDS) to allow construction of a 40-townhome style condominium units across 6 buildings, with associated site and landscaping improvements; and a Tentative Vesting Subdivision
Map to allow creation of 6 residential lots, 9 common lots, and related public and private easements, on property located at 320 Virginia Avenue. The Approved Project shall substantially conform to the Approved Project Plans included as Attachment B of the July 23, 2024, Planning Commission Staff Report, except as may be modified by Conditions of Approval contained herein.
2. Permit Expiration: The Minor Housing Development Project Permit and Tentative
Vesting Subdivision Map granted herein ("Approval") shall be valid for two (2) years from the effective date of the Planning Commission action (expiring August 2, 2026). Within this two-year period the Tract Map must be recorded with the Santa Clara County Clerk-Recorded and a Building Permit 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 Approval being rendered void. The applicant may request an extension of the permit expiration date in compliance with Section 21.56.030.C (Extensions of time).
Further, upon issuance of a Building Permit, construction of the Approved Project shall commence no later than two and one-half years from the effective date of the Planning Commission approval pursuant to Gov. Code § 65589(o). 3. Indemnity Agreement: Within ten (10) calendar days of this Approval, the applicant and
property owner shall enter into an agreement satisfactory to the City Attorney to 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 on this application.
4. Street Names: The tract map shall indicate the street name(s) authorized by the Community Development Director.
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5. Minor Revisions: Minor revisions to the Approved Project Plans, not otherwise subject to an Administrative Housing Development Project Permit as specified by CMC Sec.
21.07.040.A.2, may be ministerially approved by the Community Development Director
pursuant to CMC Sec. 21.56.060. 6. No Phasing: The Approval granted herein does not include more than one phase, as otherwise allowed for by CMC Sec. 21.56.030.3. Therefore, only one Tract Map for
the entirety of the approved subdivision may be recorded.
7. Developer Affordable Housing Agreement: Six (6) units within the Approved Project shall be subject to the City of Campbell Inclusionary Housing Ordinance (15% of the total 40 units) and shall be sold at a cost below-market-rate (BMR). Specifically, in compliance with CMC Sec. 21.24.040, of these six (6) units, three (3) units (40%,
rounded up) shall be restricted to Low-Income households and three (3) units to
Moderate-Income households (60%, rounded down), as more specifically identified in Exhibit B (Affordable Housing Plan).
The three (3) Low-Income units and one (1) Moderate-Income unit shall also constitute the Approved Project's "Target Units" under Density Bonus Law (DBL) by providing at
least 10% of the Approved Project's base units as affordable to Moderate-Income
households (or to a greater degree of affordability), pursuant to Gov. Code § 65915(b)(1)(D).
The property owner shall enter into a combined Inclusionary Housing and Density Bonus Affordable Housing Agreement ("Affordable Housing Agreement") with the City
in compliance with CMC Chapter 21.24 (Inclusionary Housing Ordinance) and CMC
Chapter 21.20 (Density Bonuses and Other Housing Incentives). The Affordable Housing Agreement shall restrict the four (4) "Target Units" for a period of fifty-five (55) years in compliance with CMC Sec. 21.20.080.A and Gov. Code § 65915(b)(1)(D). The remaining two (2) units shall be restricted for a period of forty-five (45) years in
compliance with CMC Sec. 21.24.060. In addition, the Affordable Housing Agreement
shall stipulate the following:
a. An Equity Sharing Agreement, Covent, and/or other similar document, to the satisfaction of the Community Development Director, shall be required for each of the BMR units and shall remain in effect for the time periods specified, above,
from the date that a Certificate of Occupancy is granted, and shall also require
homeowner participation in the Annual Certification process conducted by the City through its Housing Administrator.
b. The residents of the BMR units shall have the same access to project amenities and recreational facilities as market-rate units.
c. All BMR units shall be comparable to the design of the market-rate units in terms
of appearance, materials, and finished quality of the market-rate units. There shall not be significant identifiable differences between the BMR units and market-rate units which are visible from the exterior of the dwelling units.
d. If air conditioning systems are provided for the market-rate units, all BMR units
shall also be provided with air conditioning systems.
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e. The City will maintain, through its Housing Administrator, a list of Eligible Households, reflecting the City’s local selection preference criteria (CMC Sec.
21.24.040.F and CMC Sec. 21.20.110) and the property owner agrees that
buyers will be selected from this list. The Housing Administrator, with approval from the City, will finalize the eligibility determination and refer Eligible Households to the property owner to enter into a sales contract.
f. Property owner, buyers, and applicants shall be responsible to pay fees in
accordance with the BMR (Below Market Rate) Administrator Fee Schedule
available online as follows: https://www.ci.campbell.ca.us/1079/Assembly-Bill-AB-1483
g. All BMR units shall be priced according to the ‘Methodology for Determining Maximum Affordable Homeownership Unit Sales Price’ available online as
follows: https://www.ci.campbell.ca.us/1079/Assembly-Bill-AB-1483
The Affordable Housing Agreement shall be approved by the Community Development Director and be recorded in the Official Records of Santa Clara County prior to recordation of the Tract Map. A fee in accordance with the City's adopted FY22/23 Fee Schedule for the preparation of the Affordable Housing Agreement shall be due.
8. Open Space Lots: The Tract Map shall include a note indicating: "Lot B through I are
reserved for open space and are not developable lots." It is the intent of the Planning Commission in approving the Tentative Vesting Subdivision Map that these parcels remain reserved in perpetuity as open space for the housing development project. However, this restriction shall not be construed as to prevent construction of additional
recreational facilities upon these lots as may be approved by the City in the future, nor
shall imply in any manner these lots constitutes publicly accessible open space.
9. Timing of Tree Removal: On-site tree(s) shall be removed only in conjunction with demolition of existing on-site structures upon issuance of a Demolition Permit.
10. 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. 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), include within the construction plans and as a separate
PDF document.
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.
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6) Grading Design Plan per Section 492.8.
Note: 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.
11. Landscape Maintenance: Once installed, all landscaping shall be maintained in compliance with Campbell Municipal Code Section 21.26.040 (Landscaping Maintenance Requirements) and Section 21.16.110.C.2 (Landscape Maintenance).
Dead or unhealthy plants shall be replaced with healthy plants of the same or similar
type.
12. Fences/Walls: All newly proposed fencing and/or walls shall comply with CMC Section 21.18.060.
13. Bird Safe Treatment: The construction plans submitted for a building permit shall
incorporate design details for bird-safe treatment, including exterior screens, louvers,
grilles, shutters, and/or or bird-safe patterns as recommended by the American Bird Conservancy, on those portions of the building satisfying the thresholds specified by MFDDS § 7.080 (Bird Safety), except where a waiver is has been granted.
14. Condominium Plan: Prior to issuance of a Certificate of Occupancy, the applicant shall
submit a condominium plan showing 40 condominium units.
15. On-Site Lighting: Construction plans submitted for a building permit shall include lighting fixture specifications demonstrating compliance with MFDDS § 4.030.3 (Required Lighting).
16. Covenants, Codes and Restrictions (CC&Rs): Prior to recordation of the Tract Map,
the applicant shall submit for review and approval by the City a copy of the draft CC&Rs which shall include the following provisions. The draft CC&Rs shall be accompanied with a response letter that indicates where in the CC&Rs 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&Rs.
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.
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f. Provision of a funding mechanism to ensure maintenance and upkeep of common areas.
g. Provision to provide ongoing maintenance of the required private roadways,
landscaping, and etc.
h. Provision 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.
j. Provision for regular monitoring and maintenance of the stormwater system, in accordance with the manufacturer’s recommendations, including any permeable pavement.
k. Provision for regular monitoring and maintenance of the private sanitary system
as documented by the design engineer.
l. Provision for the availability of interior garage space for the parking of vehicles at all times.
m. Provision to prohibit the use of outside parking spaces for storage purposes,
including boats, trailers, and recreational vehicles.
n. 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.
o. Provision to reference the project's affordability restrictions and the HOA as the
successors in interest.
17. Cultural Resources: As required by General Plan Action COS-6.b, the following requirements shall apply in the event of an inadvertent discovery of cultural resources or human remains:
a. If construction or grading activities result in the discovery of significant historic
or prehistoric archaeological artifacts or unique paleontological resources, all
work within 100 feet of the discovery shall cease, the Planning Division shall be notified, the resources shall be examined by a qualified archaeologist, paleontologist, or historian for appropriate protection and preservation measures; and work may only resume when appropriate protections are in place
and have been approved by the Planning Division.
b. If human remains are discovered during any ground disturbing activity, work shall stop until the Planning Division and the County Coroner have been contacted; if the human remains are determined to be of Native American origin, the Native American Heritage Commission (NAHC) and the most likely
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descendants have been consulted; and work may only resume when appropriate measures have been taken and approved by the Planning Division.
18. Construction Management Plan: As required by General Plan Action N-1.11, prior to
issuance of a building permit the applicant shall submit a construction management plan that defines best management practices consistent with Condition of Approval No. 18 (Environmental Commitments) to reduce construction noise, and shall include proposed truck routes for review and approval by the City Engineer.
19. Environmental Commitments: As included in Attachment B of the July 23, 2024
Planning Commission Staff Report, the following environmental requirements shall apply to the construction of the project:
a. BOI-1: Protection of Active Bird Nests (includes pre-construction survey and implementation of avoidance buffer, if found):
1) Removal of trees shall be limited to only those necessary to construct the
proposed project as reflected in the relevant project approval documents.
2) If the proposed project requires vegetation to be removed during the nesting season (February 1 to August 31), pre-construction surveys shall be conducted no more than 7 days prior to the start of ground or
vegetation disturbance (including tree removal) to determine whether or
not active nests are present.
3) If an active nest is located during pre-construction surveys, a qualified Biologist shall determine an appropriately sized avoidance buffer based on the species and anticipated disturbance level. (The California
Department of Fish and Wildlife [CDFW] recommends a minimum no-
disturbance buffer of 250 feet around active nests of non-listed bird species and a 500-foot no-disturbance buffer around active nests of non-listed raptors.) A qualified Biologist shall delineate the avoidance buffer using Environmentally Sensitive Area fencing, pin flags, and/or yellow
caution tape. The buffer zone shall be maintained around the active nest
site(s) until the young have fledged and are foraging independently. No construction activities or construction foot traffic is allowed to occur within the avoidance buffer(s).
4) The qualified Biologist shall monitor the active nest during construction
activities and modify the protection zone accordingly to prevent project-
related nest disturbance, until the young have fledged.
b. BIO-2: Roosting Bat Pre-construction Survey and Avoidance. A qualified Biologist with relevant roosting bat experience shall conduct a survey for special-status bats during the appropriate time of day to maximize detectability
to determine whether bat species are roosting near the work area no less than
7 days and no more than 14 days prior to beginning ground disturbance and/or construction. Survey methodology may include visual surveys of bats (e.g., observation of bats during foraging period), inspection for suitable habitat, bat sign (e.g., guano), or use of ultrasonic detectors (Anabat, etc.). If the Biologist
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determines or presumes bats are present, the Biologist shall exclude the bats from suitable spaces by installing one-way exclusion devices. After the bats
vacate the space, the Biologist shall close off the space to prevent
recolonization. Grading shall only commence after the Biologist verifies 7 to 10 days later that the exclusion methods have successfully prevented bats from returning. To avoid impacts on non-volant (i.e., nonflying) bats, the Biologist shall only conduct bat exclusion and eviction from May 1 through October 1.
Exclusion efforts may be restricted during periods of sensitive activity (e.g.,
during hibernation or while females in maternity colonies are nursing young).
c. BIO-3: Avoidance and Minimization of San Tomas Aquinas Creek. No substances toxic to fish and wildlife shall be discharged or allowed to leach into the creek. Reasonable precautions to protect aquatic habitats of the creek from
pollution with harmful materials (e.g., fuels, oils, lubricants, and solvents) shall
be implemented. Specifically, all potentially hazardous materials shall be controlled, cleaned up, and properly disposed of in accordance with the proposed project’s water quality control permits and plans. Materials deleterious or toxic to fish and wildlife including, but not limited to, asphalt, tires, concrete,
construction materials, treated wood, and creosote containing materials shall
not be stockpiled within 100 feet of the creek. Refueling and maintenance areas for equipment shall be limited to areas 100 feet from the creek. At no time shall silt-laden runoff be allowed to enter the creek. Erosion control measures shall be utilized throughout all phases of construction where sediment runoff from the
project may enter the creek. Best Management Practices (BMPs) to avoid
erosion and uncontrolled stormwater runoff shall be implemented. BMPs typically include silt fencing, coir rolls, and/or straw bale dikes.
d. NOI-1: Implementation of the following multi-part environmental protection measure is required to reduce potential construction-period noise impacts: Prior
to issuance of construction permits, the following language shall be included,
verbatim, in the general notes section of all the civil plan construction documents.
1) Construction activities at the project site shall be limited to the hours of 8:00 a.m. and 5:00 p.m. daily, Monday through Friday. Saturday hours of
construction shall be 9:00 a.m. and 4:00 p.m. There shall be no
construction activity on Sundays or public holidays (as defined by Title 5 United States Code [USC] Section 6103[a]).
2) Establish standards for when a construction staging and phasing plan shall be required for new development projects and significant remodels.
3) The construction contractor shall utilize “quiet” models of air compressors
and other stationary noise sources where technology exists.
4) At all times during project grading and construction, stationary noise-generating equipment shall be located as far as practicable from sensitive receptors and placed so that emitted noise is directed away
from residences.
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5) Unnecessary idling of internal combustion engines shall be prohibited
6) Construction staging areas shall be established at locations that will
create the greatest distance between the construction-related noise
sources noise-sensitive receptors nearest the project site during all project construction activities, to the extent feasible.
7) The required construction-related noise mitigation plan shall also specify that haul truck deliveries are to occur within the same range of hours
specified for construction equipment.
8) The construction contractor shall designate a “noise disturbance coordinator” who will be responsible for responding to any local complaints about construction noise. The disturbance coordinator shall be responsible for determining the cause of the noise complaint (e.g.,
starting too early, poor muffler, etc.) and instituting reasonable measures
as warranted to correct the problem. A telephone number for the disturbance coordinator shall be conspicuously posted at the construction site.
e. AIR-1: During construction activities, all off-road equipment with engines greater
than 50 horsepower shall meet either the United States Environmental
Protection Agency (EPA) or California Air Resources Board (ARB) Tier IV off-road emission standards. The construction contractor shall maintain records documenting compliance with this requirement, including equipment lists. Off-road equipment descriptions and information may include but are not limited to
equipment type, equipment manufacturer, equipment identification number,
engine model year, engine certification (Tier rating), horsepower, and engine serial number.
f. COS-6.2: If found during construction, ensure that human remains are treated with sensitivity and dignity, and ensure compliance with the provisions of
California Health and Safety Code Section 7050.5 and California Public
Resources Code Section 5097.98..
g. COS-6.3: Work with Native American representatives to identify and appropriately address, through avoidance or mitigation, impacts to Native American cultural resources and sacred sites during the development review
process.
h. COS-6.b: Require all development, infrastructure, and other ground disturbing projects to comply with the following conditions in the event of an inadvertent discovery of cultural resources or human remains:
1) If construction or grading activities result in the discovery of significant
historic or prehistoric archaeological artifacts or unique paleontological
resources, all work within 100 feet of the discovery shall cease, the Planning Division shall be notified, the resources shall be examined by a qualified archaeologist, paleontologist, or historian for appropriate
Exhibit A – Recommended Conditions of Approval Page 9 PLN-2023-157 – Minor HDP and Vesting T-Map 320 Virginia Avenue
protection and preservation measures; and work may only resume when appropriate protections are in place and have been approved by the
Planning Division.
2) If human remains are discovered during any ground disturbing activity, work shall stop until the Planning Division and the County Coroner have been contacted; if the human remains are determined to be of Native American origin, the Native American Heritage Commission (NAHC) and
the most likely descendants have been consulted; and work may only
resume when appropriate measures have been taken and approved by the Planning Division. Adopt an ordinance codifying these requirements into the Campbell Municipal Code.
Building Division
20. Permit Required: A building permit application shall be required for the Approved
Project. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit.
21. Construction Hours (CMC Sec. 18.04.052): Construction activity shall be limited to the hours of 8:00 AM to 5:00 PM daily, Monday through Friday. Saturday hours of
construction shall be 9:00 AM to 4:00 PM. There shall be no construction activity on
Sundays or National Holidays. 22. Construction Noise (CMC Sec. 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.
23. Property Maintenance: The property is to be maintained free of 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).
24. Conditions of Approval: The Conditions of Approval shall be stated in full on the building permit plan set submitted for the building permit.
25. 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.
26. Construction Hours/Fines/Stop Work Notice(s): 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.
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27. 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.
28. Construction Activities: The applicant shall abide by the following requirements during construction:
a. 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.
b. 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.
c. All construction equipment with internal combustion engines used on the project site shall be properly muffled and maintained in good working condition.
d. Unnecessary idling of internal combustion engines shall be strictly prohibited.
e. 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.
29. Playground Equipment: Any playground equipment shall be inspected by a Certified Playground Safety Inspector who shall certify in writing to the Building Official that the
equipment was assembled in compliance with the California Department of Health
Services regulations regarding playground equipment.
LAND DEVELOPMENT ENGINEERING
30. 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-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.gov/DocumentCenter/View/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/DocumentCenter/View/1478
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31. 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.
32. Covenants, Conditions, and Restrictions: Provide copies of CC&Rs for review by the City prior to recordation of the Tract Map and CC&Rs. Maintenance of the stormwater treatment facilities shall be part of the CC&Rs.
33. Right-of-Way for Public Street Purposes: Upon recordation of the Tract Map, the
applicant shall fully complete the process to cause the right-of-way to be granted in fee for public street purposes along the Virginia Avenue frontage, 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 cause all documents
to be prepared by a registered civil engineer/land surveyor, as necessary, for the City’s review and recordation.
34. Private Easements: Upon recordation of the Tract Map, the applicant shall cause private easements to be recorded for private utilities, private storm drains, reciprocal
ingress and egress, emergency vehicles, etc.
35. 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.
36. 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 forty (40) new dwelling units based on the Multi-family rate of $19,720 per unit - the fee in effect at
the time the project filed its SB-330 pre-application. The fee shall be due prior to
recordation of the Tract Map.
37. Demolition: Should any non-confirming structures exist on the site, a demolition permit shall be obtained by the applicant prior to recordation of the Tract Map.
38. 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.
Exhibit A – Recommended Conditions of Approval Page 12 PLN-2023-157 – Minor HDP and Vesting T-Map 320 Virginia Avenue
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.
39. 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 $4,961.00 (set for multi family land use).
40. Santa Clara Valley Water District (SCVWD): At the time of grading permit submittal, the applicant shall provide documentation illustrating an encroachment permit has been submitted to SCVWD to abandon the existing outfall from the property to the creek channel or provide written documentation from SCVWD that no further work is required. At the time of building permit application for the first residential structure, if
an encroachment permit from SCVWD is required, the applicant shall provide a copy of the issued SCVWD encroachment permit prior to the issuance of the building permit application for the first residential structure, unless documentation can be provided to the satisfaction of the Community Development Director and the City Engineer that SCVWD has been nonresponsive to the applicant’s encroachment
permit application.
41. 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.
42. 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.
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Upon submission of the preliminary site/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.
Prior to recordation of the Tract Map:
a. The applicant’s designer or engineer shall submit the required certification
indicating that sizing, selection, and design of treatment BMP’s for the project
site has been completed to meet the requirements of the City of Campbell’s NPDES permit, Provision C.3.
b. The applicant shall sign the “Covenants for the Operation and Maintenance of Stormwater Facilities” and submit a Stormwater Management Plan.
Prior to occupancy:
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:
i. 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.
43. Utilities: With the exception of those facilities that are identified on the approved planning documents, all on-site utilities shall be installed underground per Section 21.18.140 of the Campbell Municipal Code for any new or remodeled buildings or
additions. Applicant shall comply with all plan submittals, permitting, and fee
requirements of the serving utility companies.
44. Undergrounding Street Frontage Utilities: The applicant has chosen to utilize their State Density Bonus Law Concession to waive the requirements that all overhead utility lines along the project’s public street frontages shall be installed underground
per Section 21.18.140 of the Campbell Municipal Code. Applicant shall comply with
all utility applications, plan submittals, permitting, and fee requirements of the serving utility companies. This condition will apply if the applicant chooses to rescind their concession to waive this requirement.
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
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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. As of the approval date, Virginia Avenue is not identified in the City’s Street Cut Moratorium. The applicant will be required to perform enhanced pavement restoration consistent with the restoration requirements associated with the Street Cut
Moratorium. The City’s Pavement Maintenance Program website
(https://www.ci.campbell.ca.us/219) has detailed information on the streets currently under moratorium and the enhanced restoration requirements.
48. 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 sidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk area.
c. Removal of existing driveway approaches, sidewalk, curb and gutter.
d. Removal of conflicting guy wire at southerly driveway – coordinate with PG&E / AT&T.
e. Installation of City approved street trees, tree wells and irrigation at 30 feet on center. The City Arborist’s preliminary recommendation is to plant Eriobotrya deflexa, Brone loquat in the middle of the development’s frontage
and cap the ends of the frontage with Acer beurgerinum Trident maple. These are both hardy, power line friendly trees.
f. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway approaches. Installation of engineered structural pavement section to centerline, or construction of a 2-inch grind and overlay to centerline if
existing pavement is determined to be adequate.
g. Installation of asphalt concrete overlay per street pavement restoration plan for utility installation and/or abandonment, as required by the City Engineer.
h. Installation of streetlights, conduits, conductors and related facilities in
accordance with the City of Campbell’s Street Lighting Policies.
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i. Installation of traffic control, stripes and signs
j. Construction conforms to existing public and private improvements, as
necessary.
k. 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. Maintenance of Landscaping: Owner(s), current and future, are required to maintain the landscaped park strip and tree wells in the public right of way. This includes, but
is not limited to: trees, lawn, plantings, irrigation, etc. Trees shall not be pruned in a
manner that would not allow the tree to grow to a mature height.
51. 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.
52. 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.
TRAFFIC ENGINEERING
53. Red Curbs: Paint 15 LF of red curb on both sides of each driveway.
54. Stop Signs: Install stop signs facing outbound traffic at both driveways.
55. Pavement Marking: Paint “STOP” legends and 12” white limit lines at both driveways.
FIRE DEPARTMENT
56. Fire Lanes 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 20 foot fire apparatus access roads shall be marked as fire lanes. Signs or other approved
notices shall be posted. Fire lanes shown on sheet C5.
57. Fire Hydrant Systems 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]. -The location of the two new
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hydrants is shown on sheet C12 and is approved. -Cover sheet notes that there will be no combustible construction prior to hydrant installation. -New fire hydrant
authorization letter shall be approved by SCCFD and San Jose Water company prior
to building permit approval. 58. Required Fire Flow: The fire flow for this project is 3,500 GPM at 20 psi residual pressure. If an automatic fire sprinkler system will be installed, the fire flow will be
reduced by 25%, establishing a required adjusted fire flow of 2,625 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. -Provide a fire flow letter from San Jose Water confirming the required fire flow of 2,625 gpm @20psi. -Fire flow shall be met from the new hydrant and provided with the hydrant authorization plans. -New fire
hydrant authorization letter shall be approved by SCCFD and San Jose Water
company prior to building permit approval. 59. Timing of installation. When fire apparatus access roads or a water supply for fire protection is required to be installed, such protection shall be installed and made
serviceable prior to and during the time of construction except when approved
alternative methods of protection are provided. Temporary street signs shall be installed at each street intersection when construction of new roadways allows passage by vehicles in accordance with Section 505.2. Construction documents. Construction documents for proposed fire apparatus access, location of fire lanes,
security gates across fire apparatus access and construction documents and hydraulic
calculations for fire hydrant systems shall be submitted to the fire department for review and approval prior to construction. CFC Sec. 501.3, 501.4. 60. Fire Apparatus Access Roadway Required: Provide an access roadway with a paved
all-weather surface, a minimum unobstructed width of 20 feet, vertical clearance of 13
feet 6 inches, minimum circulating turning radius of 50 feet outside,30 feet inside, and a maximum slope of 15%. Surface shall be capable of supporting 75K pounds. Installations shall conform to Fire Department Standard Details and Specifications sheet A-1. CFC Sec. 503. -Fire access road and turning radii shown on sheet C5.
61. Ground ladder access: Ground-ladder rescue from second and third floor egress windows shall be made possible for fire department operations. With the climbing angle of seventy five degrees maintained, an approximate walkway width along the side of the building shall be no less than seven feet clear. Landscaping shall not be allowed
to interfere with the required access. CFC Sec. 503 and 1029 NFPA 1932 Sec. 5.1.8
through 5.1.9.2. -Ground ladder access shown on sheets A9.5, A9.6, A9.7, and A9.8 62. 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
Exhibit A – Recommended Conditions of Approval Page 17 PLN-2023-157 – Minor HDP and Vesting T-Map 320 Virginia Avenue
interference. FDC's shall be painted safety yellow [SCCFD, SP-2 Standard]. -FDC's shown on sheet C11.
63. 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 whichever is the more restrictive. -NFPA 13 system proposed on cover sheet
64. Fire Alarm Requirements: Refer to CFC Sec. 907 and the currently adopted edition of NFPA 72. -Note on cover sheet. 65. 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].
66. 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. 67. 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. 68. 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.
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69. Limitation of Review. Fire District review shall not be construed to be an approval of a
violation of the provisions of the California Fire Code or of other laws or regulations of
the jurisdiction. A permit presuming to give authority to violate or cancel the provisions of the fire code or other such laws or regulations shall not be valid. Any addition to or alteration of approved construction documents shall be approved in advance [CFC, Ch.1, 105.3.6].
DAHLIN GROUP ARCHITECTURE | PLANNING WWW.DAHLINGROUP.COM
IN CAMPBELL, CA
320 VIRGINIA AVENUE
0 10 20 40 60 FEET
N
PROJECT NO. 1005.005 | APRIL 4, 2024
DEVELOPMENT APPLICATION PLANS - SUBMITTAL 4
AFFORDABLE HOUSING PLAN
VIRGINIA AVENUE
PLAN
1
PLAN
1
PLAN
1
PLAN
1 PLAN
1 PLAN
1
PLAN
1
PLAN
1
PLAN
1
PLAN
3
PLAN
3
PLAN
1
PLAN
1
PLAN
1
PLAN
2 PLAN
2
PLAN
2 PLAN
2 PLAN
2
PLAN
2 PLAN
2 PLAN
2PLAN
2X PLAN
2
PLAN
2
PLAN
2
PLAN
2
PLAN
2
PLAN
2
PLAN
2
PLAN
2
PLAN
2C
PLAN
2X PLAN
2X
PLAN
2X
PLAN
2X
PLAN
2X
PLAN
3 PLAN
3 PLAN
3
LOW INCOME AFFORDABLE UNIT LOCATIONS
MODERATE INCOME AFFORDABLE UNIT LOCATIONS
AFFORDABLE HOUSING SUMMARY
unit name unit
count
bedroom
count
gross living
area / unit
total gross
living area
plan 1 3 2 1,410 4,230
plan 2 3 4 1,975 5,925
Total 6 10,155
VOP – 320 Virginia Project
Housing Incentives Request
1
# Standard MFDDS/CMC
Section City's Standard Requested Standard
Campbell Municipal Code
Concession
Utility
Undergroundin
g
CMC §
21.18.140
Underground of utilities at project
frontage.
Exemption from undergrounding
requirements.
Rationale: The requested concession would “reduce the cost of the housing development” by exempting the project from the
underground requirements. Cost of utility undergrounding is estimated at $936,000 (including contingency). Undergrounding
cost estimate per linear foot is $600 (plus a 30% contingency). The project would require approximately 1200 linear feet of
undergrounding. $600 per linear foot x 1200 liner feet = $720,000. 30% x $720,000 = $216,000 contingency. The costs of
undergrounding the existing overhead utilities are damaging to the financial feasibility of the Project. The modification of this
standard does not cause any public health or safety or environmental problems, does not harm historical property and is not
contrary to law.
Waiver # 1 Tree Removal CMC §
21.32.050
"Protected" trees require a Tree
Removal Permit in accordance with
CMC Chapter 21.32.
Allow for removal of "protected"
trees without a Tree Removal
Permit, negating the need to exhaust
all alternative site configurations and
adjustments permitted under
MFDDS § 21.07. The requests also
extends to include not requiring
replacement trees or a payment of
an in-lieu fee for replacement trees.
Rationale: This standard would have the effect of physically precluding the construction of the proposed development as
designed. Complying with this standard would conflict with 8 of the proposed units. The Project is entitled to a waiver of this
requirement under the State Density Bonus Law and we therefore hereby apply for thus waiver as part of the Project’s State
Density Bonus Law application.
Multi-Family Development and Design Standards
Zones (Chapter 3)
Waiver # 2
Pedestrian
Circulation
Network
§ 3.020 and
Figure
3.020.2
Arrange design sites to front onto
the pedestrian network
Allow pedestrian circulation
networks to meander into design
sites.
Rationale: This standard would have the effect of physically precluding the construction of the proposed development as
designed. Complying with this standard would conflict with proposed landscape areas adjacent to 18 of the proposed units.
The Project is entitled to a waiver of this requirement under the State Density Bonus Law and we therefore hereby apply for
thus waiver as part of the Project’s State Density Bonus Law application.
Waiver # 3
Design Site
Dimensions § 3.050.3 Townhome depth: 65-feet min. To allow 56-feet min.
Rationale: This standard would have the effect of physically precluding the construction of the proposed development as
designed. Complying with this standard would conflict with site boundaries, proposed walkways, and common open space, and
would conflict with 29 of the proposed units. The Project is entitled to a waiver of this requirement under the State Density Bonus Law and we therefore hereby apply for thus waiver as part of the Project’s State Density Bonus Law application.
Waiver # 4 Building Form § 3.050.4 Floor-to-floor (ground floor): 10’ min 8-feet min
Rationale: This standard would have the effect of physically precluding the construction of the proposed development as
designed. Complying with this standard would conflict with fire access requirements (maximum eave height) and would conflict
with 40 of the proposed units. The Project is entitled to a waiver of this requirement under the State Density Bonus Law and we
therefore hereby apply for thus waiver as part of the Project’s State Density Bonus Law application.
Waiver # 5 Setback § 3.050.5 Front (Façade zone): 15’ min; 20’ max Interior lot (lots 1, 5, and 6): 11’ min.
Corner lot (lots 2, 3, 4): 3’-1” min.
Rationale: This standard would have the effect of physically precluding the construction of the proposed development as
designed. Complying with this standard would conflict with 24 of the proposed units. The Project is entitled to a waiver of this
2
# Standard MFDDS/CMC Section City's Standard Requested Standard
requirement under the State Density Bonus Law and we therefore hereby apply for thus waiver as part of the Project’s State Density Bonus Law application.
Waiver # 6 Setback § 3050.5 Street side (Façade zone): 10’ min; 15’
max Corner lot (lots 2, 3, 4): 6’-9” min.
Rationale: This standard would have the effect of physically precluding the construction of the proposed development as
designed. Complying with this standard would conflict with 20 of the proposed units. The Project is entitled to a waiver of this
requirement under the State Density Bonus Law and we therefore hereby apply for thus waiver as part of the Project’s State
Density Bonus Law application.
Waiver # 7 Setback § 3050.5 Side: 5’ min Corner lots (lots 2, 3, 4): 3’ min.
Rationale: This standard would have the effect of physically precluding the construction of the proposed development as designed. Complying with this standard would conflict with 20 of the proposed units. The Project is entitled to a waiver of this
requirement under the State Density Bonus Law and we therefore hereby apply for thus waiver as part of the Project’s State
Density Bonus Law application.
Waiver # 8 Façade Zone § 3.050.5 Front street: 65% min
Side street: 55% min. No minimum façade zone.
Rationale: This standard would have the effect of physically precluding the construction of the proposed development as
designed. Complying with this standard would conflict with 40 of the proposed units. The Project is entitled to a waiver of this
requirement under the State Density Bonus Law and we therefore hereby apply for thus waiver as part of the Project’s State
Density Bonus Law application.
Waiver # 9 Ground Floor § 3.050.5 25’ min. for at least 80% of façade
length Allow 11’-3” to 20’
Rationale: This standard would have the effect of physically precluding the construction of the proposed development as
designed. Complying with this standard would conflict with minimum garage dimensions in 40 of the proposed units. The
Project is entitled to a waiver of this requirement under the State Density Bonus Law and we therefore hereby apply for thus
waiver as part of the Project’s State Density Bonus Law application.
Waiver # 10
Encroachments
into Minimum
Setbacks
§ 3.050.6
Private Frontages:
- Front: 10’ max.
- Side St.: 7’ max.
- Side: X
- Rear: X
Private Frontages:
Side: Allow private frontage into the
side by 4’-9” for lot 1 and 5.
Rationale: This standard would have the effect of physically precluding the construction of the proposed development as
designed. Complying with this standard would conflict with 13 of the proposed units. The Project is entitled to a waiver of this
requirement under the State Density Bonus Law and we therefore hereby apply for thus waiver as part of the Project’s State
Density Bonus Law application.
Waiver # 11 Parking setback § 3.050.7 Front: 40’ min.
Side Street: 20’ min.
Front (lots 1, 2, 3, 4, 5, 6): 0’ to 17’
min.
Side Street (lots 2, 3, and 4): 17’ to 20’
min.
Rationale: This standard would have the effect of physically precluding the construction of the proposed development as
designed. Complying with this standard would conflict with 40 of the proposed units. The Project is entitled to a waiver of this
requirement under the State Density Bonus Law and we therefore hereby apply for thus waiver as part of the Project’s State
Density Bonus Law application.
3
# Standard MFDDS/CMC Section City's Standard Requested Standard
Waiver # 12 Adjacency
Requirements § 3.100
Where abutting single-family residential land use designation:
(1) Within 30’ of shared property
line: Max 2.5 stories and 25’ height
to eave/parapet
(2) Within 65’ of shared property
line: Max 3 stories and 35’ in height
to eave/parapet
Proposing 3 stories and 29’-10” to
eave within 30’ of shared property
line.
Rationale: This standard would have the effect of physically precluding the construction of the proposed development as
designed. Complying with this standard would conflict with 13 of the proposed units. The Project is entitled to a waiver of this
requirement under the State Density Bonus Law and we therefore hereby apply for thus waiver as part of the Project’s State
Density Bonus Law application.
Site Design Standards (Chapter 4)
Waiver # 13 Driveways §4.040.4.D.2.
d
Minimum 50 feet separation
between driveways except
developments of two or fewer
dwelling units.
Allow a minimum of 4’ driveway
separation.
Rationale: This standard would have the effect of physically precluding the construction of the proposed development as
designed. Complying with this standard would conflict with 7 of the proposed units. The Project is entitled to a waiver of this
requirement under the State Density Bonus Law and we therefore hereby apply for thus waiver as part of the Project’s State
Density Bonus Law application.
Waiver # 14
Utilities
Cabinets,
Meters, and
Backflow
Preventers
§ 4.050.3
Fully screened from public view by a
solid wall height of at least equal to
that of the transformer.
Allow for no screening mechanisms
for above ground transformers.
Rationale: This standard would have the effect of physically precluding the construction of the proposed development as
designed. Complying with this standard would conflict with walkways, parking and electrical closet access, and conflict with 2
of the proposed units. The Project is entitled to a waiver of this requirement under the State Density Bonus Law and we
therefore hereby apply for thus waiver as part of the Project’s State Density Bonus Law application.
Specific to Building Types (Chapter 5)
Waiver # 15 Main Body (Per
Townhouse) § 5.090.3 Depth per unit: 45’ min., 65’ max. 38’ to ± 44’9”
Rationale: This standard would have the effect of physically precluding the construction of the proposed development as
designed. Complying with this standard would conflict with 40 of the proposed units. The Project is entitled to a waiver of this
requirement under the State Density Bonus Law and we therefore hereby apply for thus waiver as part of the Project’s State
Density Bonus Law application.
Waiver # 16 Main Entrance
Location § 5.090.4 Main Entrance Location: Front To allow front entrance on side and
street side
Rationale: This standard would have the effect of physically precluding the construction of the proposed development as
designed. Complying with this standard would conflict with street facing entries at Virginia Ave and preferred entry locations at
rear buildings and would conflict with 5 of the proposed units. The Project is entitled to a waiver of this requirement under the
State Density Bonus Law and we therefore hereby apply for thus waiver as part of the Project’s State Density Bonus Law
application.
Specific to Private Frontage Types (Chapter 6)
Waiver # 17 Dooryard § 6.060.1 Dooryards must be on the front
design site line.
Allow dooryards to wrap from the
front to the side for corner units
Rationale: This standard would have the effect of physically precluding the construction of the proposed development as
designed. Complying with this standard would conflict with street facing entries at Virginia Ave and preferred entry locations at
rear buildings and would conflict with 5 of the proposed units. The Project is entitled to a waiver of this requirement under the
4
# Standard MFDDS/CMC Section City's Standard Requested Standard
State Density Bonus Law and we therefore hereby apply for thus waiver as part of the Project’s State Density Bonus Law application.
Waiver # 18 Dooryard § 6.060.2 Depth, clear: 6’ min. Allow a 4’-9” min. clear depth.
Rational: This standard would have the effect of physically precluding the construction of the proposed development as
designed. Complying with this standard would conflict with front porch areas and would conflict with 12 of the proposed units.
The Project is entitled to a waiver of this requirement under the State Density Bonus Law and we therefore hereby apply for
thus waiver as part of the Project’s State Density Bonus Law application.
Waiver # 19 Dooryard § 6.060.2 Depth of recessed entries: 3’ max. Allow 4’ max.
Rational: This standard would have the effect of physically precluding the construction of the proposed development as
designed. Complying with this standard would conflict with front porch areas and would conflict with 24 of the proposed units.
The Project is entitled to a waiver of this requirement under the State Density Bonus Law and we therefore hereby apply for
thus waiver as part of the Project’s State Density Bonus Law application.
Architectural Standards (Chapter 7)
Waiver # 20 Building/Modul
e Character § 7.043.4
Each of the following features may
be repeated identically on no more
than two buildings or modules along
the same block face.
Allow typical windows, doors
(including surrounds and sills),
balcony assembly (including
guards/railings), and primary wall
texture to repeat more than 2 times
along the same block face.
Rational: This standard would have the effect of physically precluding the construction of the proposed development as
designed. Complying with this standard would conflict with 40 of the proposed units.
Waiver # 21 Base, Middle,
Top § 7.040.3
Each building or module shall be
composed of a base, middle, and
top, in compliance with Subsections
7.040.3.C-E.
Do not require a base, middle, and
top treatment across all elevations.
Rational: This standard would have the effect of physically precluding the construction of the proposed development as
designed. Complying with this standard would conflict with 40 of the proposed units. The Project is entitled to a waiver of this
requirement under the State Density Bonus Law and we therefore hereby apply for thus waiver as part of the Project’s State
Density Bonus Law application.
Waiver # 22 Balcony
Standards § 7.040.7.2
Occupiable area may be recessed
into building façade by up to 54
inches.
Allow balcony to recess into building
façade by 72 (6’) to 90 (7’6”) inches.
Rational: This standard would have the effect of physically precluding the construction of the proposed development as
designed. Complying with this standard would conflict with 40 of the proposed units. The Project is entitled to a waiver of this
requirement under the State Density Bonus Law and we therefore hereby apply for thus waiver as part of the Project’s State
Density Bonus Law application.
Waiver # 23 Projecting
Volumes § 7.050.3.A
A projecting volume shall project
from the adjacent façade by at least
2 feet
Allow projecting volumes to project
from the adjacent façade by at least
6-inches.
Rational: This standard would have the effect of physically precluding the construction of the proposed development as
designed. Complying with this standard would conflict with 40 of the proposed units. The Project is entitled to a waiver of this
requirement under the State Density Bonus Law and we therefore hereby apply for thus waiver as part of the Project’s State
Density Bonus Law application.
Waiver # 24 Projecting
Volumes § 7.050.3.B Projecting volumes need to be at
least 2 bays wide.
Allow projecting volume to be 1 bay
wide.
Rational: This standard would have the effect of physically precluding the construction of the proposed development as
designed. Complying with this standard would conflict with 40 of the proposed units. The Project is entitled to a waiver of this
5
# Standard MFDDS/CMC Section City's Standard Requested Standard
requirement under the State Density Bonus Law and we therefore hereby apply for thus waiver as part of the Project’s State Density Bonus Law application.
Waiver # 25 Colors § 7.060.7
A maximum of 4 colors shall be
applied to each building or module:
(1) 1 primary color comprising 50%
or more of the façade. (2) 1 secondary color comprising no
more than 45% of the façade.
(3) 1 tertiary color comprising no
more than 20% of the façade.
(4) 1 accent color for use on trim and
architectural details.
Maximum of 6 colors per building for
Style A. Allow primary color to
comprise less than 50% of the
facades. Allow tertiary color to
comprise more than 20% of the
facades. Allow one additional
tertiary color.
Maximum of 7 colors per building for
Style B. Allow primary color to
comprise less than 50% of the
facades. Allow tertiary color to
comprise more than 20% of the
facades. Allow one additional
tertiary color.
Rational: This standard would have the effect of physically precluding the construction of the proposed development as
designed. Complying with this standard would conflict with proposed façade variation and would conflict with 40 of the
proposed units. The Project is entitled to a waiver of this requirement under the State Density Bonus Law and we therefore
hereby apply for thus waiver as part of the Project’s State Density Bonus Law application.
Waiver #26 Bird Safety § 7.080
Bird safety treatment is required on
glazed areas within 15 vertical feet
and 20 horizontal feet of any
landscaped area, including green
roofs and vegetated courtyards.
To allow a deviation from the bird
safety design standards for the
façades of all buildings, except the
facades directly fronting San Tomas
Aquino Creek on lots 3 and 4.
Rational: This standard would have the effect of physically precluding the construction of the proposed development as
designed. Complying with this standard would conflict with design of 26 of the proposed units. The Project is entitled to a
waiver of this requirement under the State Density Bonus Law and we therefore hereby apply for thus waiver as part of the
Project’s State Density Bonus Law application.
Waiver #27 Garage setback § 21.28.080.B.4
No garage or carport
shall be closer than
twenty-five feet to a
public right-of-way.
No garage or carport
shall be closer than
eighteen feet to a
public right-of-way.
Rational: This standard would have the effect of physically precluding the construction of the proposed development as
designed. Complying with this standard would conflict with 1 of the proposed units. The Project is entitled to a waiver of this
requirement under the State Density Bonus Law and we therefore hereby apply for thus waiver as part of the Project’s State
Density Bonus Law application.
Reso 4714 - 320 Virginia Ave
Final Audit Report 2024-08-05
Created:2024-08-05
By:Ken Ramirez (kenr@campbellca.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAJGh4EEdeMZdKh8xvwgpWXpDypFsgPikw
"Reso 4714 - 320 Virginia Ave" History
Document created by Ken Ramirez (kenr@campbellca.gov)
2024-08-05 - 5:54:53 PM GMT
Document emailed to Alan Zisser (alanzisser@gmail.com) for signature
2024-08-05 - 5:55:05 PM GMT
Document emailed to Rob Eastwood (robe@campbellca.gov) for signature
2024-08-05 - 5:55:05 PM GMT
Email viewed by Alan Zisser (alanzisser@gmail.com)
2024-08-05 - 7:14:28 PM GMT
Document e-signed by Alan Zisser (alanzisser@gmail.com)
Signature Date: 2024-08-05 - 7:15:12 PM GMT - Time Source: server
Email viewed by Rob Eastwood (robe@campbellca.gov)
2024-08-05 - 7:15:44 PM GMT
Document e-signed by Rob Eastwood (robe@campbellca.gov)
Signature Date: 2024-08-05 - 7:15:53 PM GMT - Time Source: server
Agreement completed.
2024-08-05 - 7:15:53 PM GMT