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CC Resolution 13187 - Allow Construction of 108-Unit Housing Development Project PLN-2023-164 RESOLUTION NO. 13187 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A MAJOR 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 108-UNIT HOUSING DEVELOPMENT PROJECT, INCLUSIVE OF 18 DETACHED SINGLE- FAMILY HOMES AND 90 TOWNHOME-STYLE CONDOMINIUM UNITS ACROSS 12 BUILDINGS, WITH ASSOCIATED SITE AND LANDSCAPING IMPROVEMENTS; AND A TENTATIVE VESTING SUBDIVISION MAP TO ALLOW CREATION OF 30 RESIDENTIAL LOTS, 12 COMMON LOTS, AND RELATED PUBLIC AND PRIVATE EASEMENTS, ON PROPERTY LOCATED AT 251 LLEWELLYN AVENUE. FILE NO.: PLN-2023-164 After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. The City Council finds as follows with regard to the approval of a Major 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 15183 and 15168 of the California Environmental Quality Act (CEQA), which exempts from additional environmental review projects that are consistent with the development density established by existing zoning, community plan or general plan policies for which an Environmental Impact Report (EIR) was certified, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site. 2. Section 15183 specifies that examination of environmental effects shall be limited to those effects that: (1) Are peculiar to the project or the parcel on which the project would be located, and were not analyzed as significant effects in the EIR on the zoning action, general plan, or community plan, with which the project is consistent, (2) Are potentially significant off-site impacts and cumulative impacts which were not discussed in the prior EIR prepared for the general plan, community plan or zoning action, or (3) Are previously identified significant effects which, as a result of substantial new information which was not known at the time the EIR was certified, are determined to have a more severe adverse impact than discussed in the prior EIR. 3. Section 15183(c) further specifies that if an impact is not peculiar to the parcel or to the proposed project, has been addressed as a significant effect in the prior EIR, or can be substantially mitigated by the imposition of uniformly applied development policies or standards, then an additional EIR need not be prepared for that project solely on the basis of that impact. City Council Resolution 13187 Page 2 of 8 PLN-2023-164 — Major HDP and Vesting T-Map 251 Llewellyn Avenue 4. 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 a Section 15183 Checklist, 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 because it is consistent with the development density and use characteristics established by the Campbell 2040 General Plan, as analyzed by the Envision Campbell General Plan and Housing Element Update Final Program EIR (SCH # 2022030566), and all required findings can be affirmatively established . Evidentiary Findings: 1. The Proposed Project is an application for a Major 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 108-unit housing development project, inclusive of 18 detached single-family homes and 90 townhome-style condominium units across 12 buildings, with associated site and landscaping improvements; and a Tentative Vesting Subdivision Map to allow creation of 30 residential lots, 12 common lots, and related public and private easements. 2. The Project Site is a 5.56 gross acre parcel located at the northwest corner of Llewellyn and Latimer Avenues, and borders residential uses to the north, south, and east, and abutting San Tomas Expressway (Santa Clara County Route G4) to the west. 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 developed with an institutional facility providing behavioral health services, comprising several buildings, all of which would be demolished as part of the Proposed Project. 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 19.42 units/gr. acre (108 units _ 5.56 gross acres), consistent with Housing Element Policy H-1 .5, which requires that housing opportunity sites achieve at least 75 percent of the maximum General Plan Land Use density (75% x 25 units/gr. acre = 18.75/units gr. acre minimum density). City Council Resolution 13187 Page 3of8 PLN-2023-164 — Major HDP and Vesting T-Map 251 Llewellyn Avenue 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 20, 2023 (PLN-2023-117), 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, seven (7) units shall be restricted to Low-Income households and nine (9) to Moderate-Income households, as demonstrated in the Affordable Housing Plan, included herein as Exhibit B. 11. The seven (7) Low-Income units and four (4) Moderate-Income units 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) waiver/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 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 Project Site is identified as a "large site," subject to preparation of a Walkable Neighborhood Plan (WNP) as required MFDDS § 3.020, Table 3.020.B (Applicability of Design Site Requirements), consistent with the requirements of MFDDS § 8.020 (Walkable Neighborhood Plan). Among these requirements is the creation of a "large site open space," which, when made accessible to the public renders the project eligible for a 50% reduction of the fee in-lieu of parkland dedication as specified by CMC Sec. 20.24.110(c). However, the credit is contingent on the open space satisfying the "definition of 'Large Site Open Space, Public' and [the] requirements of Chapter 8 (Specific to Large Sites) of the Multi-Family Development and Design Standards." Although the proposed "large site open space" satisfies the minimum area/size requirements of a "Green" (MFDDS § 8.030.7), it does not satisfy a requirement that a "thoroughfare" be located on at least one side of the "Green" as specified by MFDDS § 8.030.5.A and § 8.030.7.3. Although a requested DBL waiver will grant relief from this requirement, noncompliance renders the Proposed Project ineligible for the park in-lieu fee reduction. City Council Resolution 13187 Page 4 of 8 PLN-2023-164 — Major HDP and Vesting T-Map 251 Llewellyn Avenue 15. The Proposed Project's requested concession is relief is from the Tree Removal Permit requirement of CMC Chapter 21.32 (Tree Protection Regulations). As a result, there is no obligation to demonstrate that the alternative site configurations and adjustments allowed by MFDDS § 9.020 have been exhausted in order to preserve on-site "protected" trees. 16. 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. 17. 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. 18. 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. 19. 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. 20. 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 new AM or PM 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. 21. The Proposed Project would include two pre-approved phases pursuant to CMC Sec. 21.56.030.A.3 (Phasing) and Sec. 21.07.120 (Phasing). As depicted on the proposed Phasing Plan, included herein as Exhibit D, these include Phase 1 , inclusive of approximately 4.58 acres and 88 units and Phase 2, inclusive of approximately 0.975 acres and 20 units. 22. The residential density of the Proposed Project, for each individual phase, would remain consistent with the General Plan, at 20.5 units/gr. acre (20 units ± 0.975 acres) and 19.2 units/gr. acre (88 units ± 4.58 acres), for Phase 1 and Phase 2, respectively, consistent with the Medium Density Residential (18-25 du/ac) General Plan land use designation and Housing Element Policy H-1.5. City Council Resolution 13187 Page 5 of 8 PLN-2023-164 — Major HDP and Vesting T-Map 251 Llewellyn Avenue 23. The provision of below-market-rate (BMR) units would be "reasonably dispersed" within each phase in that both phases would proportionally include 15% of the total units as BMR units as required by CMC Sec. 21.24.040.0 (Location and design of affordable units), as identified the Affordable Housing Plan (Exhibit B). Further, as allowed by CMC Sec. 21.24.050.C, the required "Affordable Housing Agreement" will reflect the Phasing Plan to allow the timed construction of the BMR of units by phase. 24. As conditioned, the two "final maps" to create the new tracts will be consistent with the Phasing Plan, as required by CMC Sec. 21.56.030.3.b(2). 25. As conditioned, Phase 1 of the Proposed Project can stand alone in terms of parking, open space, and emergency vehicle access (EVA) if Phase 2 is not developed. 26. Consistent with CMC 21.16.070 (Noise), an acoustical study was prepared for the Proposed Project, which recommended construction of an 8-ft sound wall that may be approved pursuant to CMC Sec. 21.18.060.G (Fences as part of a development application). 27. The Proposed Project, as conditioned, would be consistent with the following General Plan policies and Actions: Action LU-8.b: Require new residential projects throughout this District to demonstrate high quality building and site designs through the implementation of the city's Multi- Family Development and Design Standards, all other applicable design requirements and applicable development standards. Policy LU-2.1: Promote high quality, creative design and site planning that is compatible with surrounding development, public spaces, and natural resources. 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 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. 28. 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. 29. 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. City Council Resolution 13187 Page 6 of 8 PLN-2023-164 — Major HDP and Vesting T-Map 251 Llewellyn Avenue 30. 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. 31. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the Proposed Project. 32. 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 City Council 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; 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; City Council Resolution 13187 Page 7 of 8 PLN-2023-164 — Major HDP and Vesting T-Map 251 Llewellyn Avenue 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 the Campbell Municipal Code; and includes a financing mechanism for all implementation and monitoring costs; 13. Any requested concessions will result in identifiable, financially sufficient, and actual cost reductions based upon appropriate financial analysis; 14. The requested waivers are 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; 15. The requested waivers and concessions would not have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, upon public health and safety or on any real property that is listed in the California Register of Historical Resources; 16. The requested waivers and concession or incentive would not be contrary to state or federal law; Fence Exception Findings (CMC Sec. 21 .42.060.B) 17. The [increased height] would not impair pedestrian or vehicular safety; 18. The [increased height] would result in a more desirable site layout; 19. The [increased height] would not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of the change; 20. The [increased height] would not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city; Environmental Findings (CMC Sec. 21 .38.050): 21. The Proposed Project is consistent with the development density established by the 2040 Campbell General Plan for which a Final Program EIR was certified; 22. There are no project-specific effects which are peculiar to the Proposed Project or the Project Site, and which the Envision Campbell General Plan and Housing Element Update Final Program EIR failed to analyze as significant effects; 23. There are no potentially significant off-site and/or cumulative impacts which the Envision Campbell General Plan and Housing Element Update Final Program EIR failed to evaluate; City Council Resolution 13187 Page 8 of 8 PLN-2023-164 — Major HDP and Vesting T-Map 251 Llewellyn Avenue 24. There is no substantial new information which results in more severe impacts than anticipated by the Envision Campbell General Plan and Housing Element Update Final Program EIR; 25. The Proposed Project will undertake feasible mitigation measures specified in the Envision Campbell General Plan and Housing Element Update Final Program EIR; and 26. There are no unusual circumstances that would prevent the project from qualifying as Exempt per Section 15300.2 of the CEQA Guidelines. THEREFORE, BE IT RESOLVED that the City Council approves a Major 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 108-unit housing development project, inclusive of 18 detached single-family homes and 90 townhome-style condominium units across 12 buildings, with associated site and landscaping improvements; and a Tentative Vesting Subdivision Map to allow creation of 30 residential lots, 12 common lots, and related public and private easements; and finding the Proposed Project exempt from formal environmental review under Section 15183 of the California Environmental Quality Act (CEQA), including partial reliance on a previously certified Program EIR per Section 15168, for property located at 251 Llewellyn Avenue, subject to the attached Conditions of Approval (attached Exhibit A) PASSED AND ADOPTED this 16th day of July, 2024, by the following roll call vote: AYES: Councilmembers: Bybee, Scozzola, Lopez, Landry NOES: Councilmembers: None ABSENT: Councilmembers: None RECUSE: Councilmembers: Furtado APPROV ,D; 21,1AA " 1 Susan M. Landry, Mayor ATTEST: 4401066 /nrit Andrea Sandrs, City Clerk EXHIBIT A CONDITIONS OF APPROVAL PLN-2023-164 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 Major 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 108-unit housing development project, inclusive of 18 detached single-family homes and 90 townhome-style condominium units across 12 buildings, with associated site and landscaping improvements; and a Tentative Vesting Subdivision Map to allow creation of 30 residential lots, 12 common lots, and related public and private easements, on property located at 251 Llewellyn Avenue. The Approved Project shall substantially conform to the Approved Project Plans included as Attachment C of the June 25, 2024, City Council Staff Report, except as may be modified by Conditions of Approval contained herein. 2. Permit Expiration/Approved Phasing: Approval of the Major Housing Development Project Permit and Tentative Vesting Subdivision Map ("Approval") granted herein incorporates two pre-approved phases pursuant to Section 21.56.030.A.3.b (Pre- approved phases) as depicted on the Approved Phasing Plan, included as Exhibit B. Phase 1 shall be valid for a period of two (2) years from the effective date of City Council action (expiring July 9, 2026). Within this two-year period, the Tract Map for Phase 1 must be recorded with the Santa Clara County Clerk-Recorder. Phase 2 shall be valid for a period of two (2) additional years from the date that a Tract Map is recorded for Phase 1. Within this two-year period, the Tract Map for Phase 2 must be recorded with the Santa Clara County Clerk-Recorder. Failure to record a Tract Map for Phase 1 within the time period provided above shall result in the expiration of this Approval without further action by the City. Failure to record a Tract Map for Phase 2 within the time period provided above shall result in the expiration of the Phase 2 approval without effect to Phase 1. Such partial expiration of this Approval shall not preclude a new application for a Housing Development Project Permit and Tentative Subdivision Map for completion of the Approved Project. The applicant may also request an extension of the permit expiration date to either approval period in compliance with Section 21.56.030.0 (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 City Council approval (by February 20, 2027) pursuant to Gov. Code § 65589(o). Exhibit A — Conditions of Approval Page 2 PLN-2023-164 — Major HDP and Vesting T-Map 251 Llewellyn Avenue 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. Final Maps: Two (2) "final maps" to create the new tracts authorized by this Approval may be recorded consistent with the Phasing Plan. 5. Street Names: The tract map shall indicate the street name(s) authorized by the Community Development Director. 6. 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. 7. Developer Affordable Housing Agreement: Sixteen (16) units within the Approved Project shall be subject to the City of Campbell Inclusionary Housing Ordinance (15% of the total 108 units, rounded up) and shall be sold at a cost below-market-rate (BMR). Specifically, in compliance with CMC Sec. 21.24.040, of these sixteen (16) units, seven (7) units (40%, rounded up) shall be restricted to Low-Income households and nine (9) units to Moderate-Income households (60% rounded, down). Further, as depicted in Exhibit B (Affordable Housing Plan), five (5) Low-Income units and eight (8) Moderate- Income units shall be provided in Phase 1 and the remaining two (2) Low-Income units and one (1) Moderate Income units shall be provided Phase 2. The seven (7) Low-Income units and four (4) Moderate-Income units 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), and incorporate two phases of development. The Affordable Housing Agreement shall restrict the eleven (11) "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 five (5) 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 Exhibit A — Conditions of Approval Page 3 PLN-2023-164 — Major HDP and Vesting T-Map 251 Llewellyn Avenue 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. 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 E through L are reserved for open space and are not developable lots." It is the intent of the City Council 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 than these lots constitute publicly accessible open space. 9. Sound Wall Design: The noise barrier (wall) required by Condition of Approval No. 21.f(3) shall be textured with painted stucco or plaster with a decorative capping. A detail-drawing of this noise wall shall be included in the construction drawings submitted for a building permit to the satisfaction of the Community Development Director. 10.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. Exhibit A — Conditions of Approval Page 4 PLN-2023-164 — Major HDP and Vesting T-Map 251 Llewellyn Avenue 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. 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. 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. 12.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. 13. Fences/Walls: Other than the sound wall required by Condition of Approval No. 21 .f(3), all newly proposed fencing and/or walls shall comply with CMC Section 21.18.060. 14.ADU Ready: In compliance with CMC Sec. 21.23.090, at least four (4) of the single- family dwellings shall be made "ADU ready" meaning pre-installation of electrical, domestic water, and sanitation utilities necessary to accommodate a future bathroom and kitchen to serve an ADU or alternatively include creation of the ADU. 15. 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). 16.Condominium Plan: Prior to issuance of a Certificate of Occupancy, the applicant shall submit a condominium plan showing 90 condominium units. 17.On-Site Lighting: Construction plans submitted for a building permit shall include lighting fixture specifications demonstrating compliance with MFDDS § 4.030.3 (Required Lighting). Exhibit A — Conditions of Approval Page 5 PLN-2023-164 — Major HDP and Vesting T-Map 251 Llewellyn Avenue 18.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. 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. I. 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. Exhibit A — Conditions of Approval Page 6 PLN-2023-164 — Major HDP and Vesting T-Map 251 Llewellyn Avenue 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. 19.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 descendants have been consulted; and work may only resume when appropriate measures have been taken and approved by the Planning Division. 20.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. 20 (Environmental Commitments) to reduce construction noise, and shall include proposed truck routes for review and approval by the City Engineer. 21.Environmental Commitments: As included in Exhibit B of the June 25, 2024, City Council Staff Report, the following environmental requirements shall apply to the construction of the project: a. AIR-1: Implement BAAQMD Best Management Practices During Construction. There are various environmental protection measures that would reduce criteria pollutant and GHG emissions from the project site that were included in the CalEEMod model. Per the BAAQMD CEQA Air Quality Guidelines fugitive dust impacts are considered to be less-than-significant if basic best management practices (BMPs) are implemented. Environmental protection measures, of the basic BMPs for fugitive dust mitigation and additional measures that were included in the emissions model are shown below: 1) All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. Exhibit A — Conditions of Approval Page 7 PLN-2023-164 — Major HDP and Vesting T-Map 251 Llewellyn Avenue 2) All haul trucks transporting soil, sand, or other loose material off-site shall be covered. 3) All visible mud or dirt track out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. 4) All vehicle speeds on unpaved roads shall be limited to 15 mph. 5) All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. 6) All excavation, grading, and/or demolition activities shall be suspended when average wind speeds exceed 20 miles per hour (mph). 7) All trucks and equipment, including their tires, shall be washed off prior to leaving the site. 8) Unpaved roads providing access to sites located 100 feet or further from a paved road shall be treated with a 6- to 12-inch layer of compacted layer of wood chips, mulch, or gravel. 9) Publicly visible signs shall be posted with the telephone number and name of the 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 General Air Pollution Complaints number shall also be visible to ensure compliance with applicable regulations. 10)Idling time of off-road equipment will be minimized and signage will be posted at the Site entrance. 11)Off-road diesel-powered equipment will be prohibited from being in the "on" position for more than 10 hours per day. 12)All construction equipment will be properly maintained in accordance with the manufacturer's specifications. b. AIR-2: Reduce Criteria Pollutants and GHG Emissions: 1) Exposed soil during construction will be watered a minimum of three times per day or when necessary to control particulate dust emissions during earthmoving activities. 2) Demolished areas will be watered during the demolition phase to control particulate dust emissions 3) Unpaved roads will be watered a minimum of twice per day and the posted speed limit within the project site during construction activities will be limited to 15 miles per hour. 4) Architectural coatings inside and outside the residential buildings will utilize low VOC content paints and primers. Paints and primers to be used are expected to be zero VOC and will adhere to VOC limits outlined in CalGreen Tables 4.504.1; 4.504.2; 4.504.3. Exhibit A— Conditions of Approval Page 8 PLN-2023-164 — Major HDP and Vesting T-Map 251 Llewellyn Avenue 5) Energy Star-certified appliances will be installed within the residences. 6) No natural gas appliances will be used at the project site. All appliances will run on electricity. 7) Low-flow or high-efficiency water fixtures will be used within the residences, including toilets, shower heads, sink faucets, etc. 8) Water efficient landscapes will be included in the project site. 9) Natural gas fireplaces will not be used at the project site. Fireplaces will run on electricity. 10)Heavy-duty diesel vehicle idling will be limited to less than 5 minutes when on site, in accordance with CARB regulations. 11)The project site will provide short-term bicycle parking. c. BIO-1: Pre-Construction Avian Survey. If any project construction related activities would take place during the nesting season (February through August), preconstruction surveys for nesting passerine birds and raptors (birds of prey) within the Property and the large trees within the adjacent riparian area should be conducted by a competent biologist 14 days prior to the commencement of the tree removal or site grading activities. If any bird listed under the Migratory Treaty Act is found to be nesting within the project site or within the area of influence, an adequate protective buffer zone should be established by a qualified biologist to protect the nesting site. This buffer shall be a minimum of 75 feet from the project activities for passerine birds and a minimum of 200 feet for raptors. The distance shall be determined by a competent biologist periodically to see if the birds are stressed by construction activities and if the protective buffer needs to be increased. Once the young have fledged and are flying well enough to avoid project construction zones (typically in August), the project can proceed without further regard to the nest site. d. BIO-2: Pre-Construction Survey for Roosting Bats. To avoid "take" of special- status bats prior to the removal of any existing trees or structures on the project site the project will implement the following: 1) A bat habitat assessment shall be conducted by a qualified bat biologist during seasonal periods of bat activity (mid-February to mid-October — ca. February 15 — April 15 and August 15 — October 30), to determine suitability of each existing structure for bat roost habitat. 2) Structures found to have no suitable openings can be considered clear for project activities as long as they are maintained so that new openings do not occur. 3) Structures found to provide suitable roosting habitat, but without evidence of use by bats, may be sealed until project activities occur, as recommended by the bat biologist. Structures with openings and exhibiting evidence of use by bats shall be scheduled for humane bat Exhibit A — Conditions of Approval Page 9 PLN-2023-164 — Major HDP and Vesting T-Map 251 Llewellyn Avenue exclusion and eviction, conducted during appropriate seasons, and under supervision by a qualified biologist. 4) Bat exclusion and eviction shall only occur between February 15 and April 15, and from August 15 through October 30, in order to avoid take of non-volant (no-flying or inactive, either young or seasonally torpid) individuals. 5) OR, a qualified wildlife biologist experienced in surveying for and identifying bat species should survey the portion of the property with large trees and abandoned structures. If tree removal is proposed, the biologist shall determine if any special-status bats reside in the trees. Any special- status bats identified should be removed without harm. Bat houses sufficient to shelter the number of bats removed should be erected in open space areas that would not be disturbed by project development. e. NOI-1: Construction Noise Reduction Measures: The following measures shall be incorporated into the project on-site construction operations. 1) Noise-generating construction activities within the project area shall occur pursuant to the hours and days outlined in the City of Campbell Municipal Code to the maximum extent feasible. Specifically, construction activities shall be limited to the hours of 8 am — 5 pm daily, Monday through Friday, 9 am — 4 pm on Saturday, and no construction on Sunday. 2) All noise-producing project equipment and vehicles using internal- combustion engines shall be equipped with manufacturers- recommended mufflers and be maintained in good working condition. 3) All mobile or fixed noise-producing equipment used on the project site that are regulated for noise output by a federal, state, or local agency shall comply with such regulations while in the course of project activity. 4) Material stockpiles and mobile equipment staging, parking, and maintenance areas shall be located as far as practicable from existing residences. 5) In the event that unusual circumstances or emergencies prevent certain project construction activities from complying with the City of Campbell General Plan, then a noise control plan shall be developed to ensure that sufficient mitigation is implemented during project construction to ensure adverse noise impacts are avoided. f. NOI-2: Exterior and Interior Noise Reduction Design Features. To satisfy the City's exterior and interior noise level criteria, the following noise mitigation measures are required: 1) Upgraded windows with STC ratings would be required on the second floor of building 30 as indicated in Table 12 and as shown on Figure 2 of this report. This applies only to second floor windows on the lots Exhibit A — Conditions of Approval Page 10 PLN-2023-164 — Major HDP and Vesting T-Map 251 Llewellyn Avenue highlighted in Figure 2, from which San Tomas Expressway would be visible. 2) A suitable form of forced-air mechanical ventilation or air-conditioning shall be provided so that windows can be kept closed as desired for additional acoustical isolation. 3) An 8-foot-tall noise barrier should be constructed at the location shown in Figure 2-11. g. TRAN-1: Relocation of Southbound Stop Sign. The current location of the southbound stop sign in front of the project driveway should be relocated further north to avoid the project driveway. This would prevent southbound vehicles from stopping right in front of an eastbound vehicle at the all-way stop-controlled intersection. h. TRAN-2: Removal of Parking Spaces for Driveway Operations. The two guest parking spaces (#1 and #19) located next to the driveway on Llewellyn Avenue should be removed to avoid affecting operations at the driveway. Building Division 22.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. 23.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. 24.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. 25. 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). 26.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. Exhibit A — Conditions of Approval Page 11 PLN-2023-164 — Major HDP and Vesting T-Map 251 Llewellyn Avenue LAND DEVELOPMENT ENGINEERING 27.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.qov/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/DocumentCenterNiew/1478 28.Tract (Final) Map: Prior to issuance of any building permits for structures, the applicant shall submit a Tract Map for review, approval by the City Council, and recordation at the County. 29.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. 30.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. Said private easements shall also include easements for the benefit of the proposed Phase 2 parcel. 31. 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. 32.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 90 new dwelling units based on the Multi-family rate of$19,720 per unit and 18 new dwelling units based on the Single-family rate of $27,800 per unit - the fees 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. 33.Demolition: Prior to recordation of the Tract Map the applicant shall obtain a demolition permit and remove any nonconforming structures. Exhibit A— Conditions of Approval Page 12 PLN-2023-164 — Major HDP and Vesting T-Map 251 Llewellyn Avenue 34.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. In addition, a plan review letter will be required of the Geotechnical Engineer and Structural Engineer that they have reviewed the bio-treatment areas to ensure that the non-compacted biotreatment material will not create subsurface and/or surface failures due to adjacent structural and vehicle loads. 35.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. 36.Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding stormwater pollution prevention. Specifically the project must include source control, site design and treatment measures to achieve compliance with Provision C.3. of the NPDES Permit. Measures may include, but are not limited to, minimization of impervious surface area, vegetated swales, infiltration areas, and treatment devices. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay. Resources to achieve these objectives include Stormwater Best Management Practices Handbook for New Development and Redevelopment ("CA BMP Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for Stormwater Quality Protection ("Start at the Source") by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Stormwater Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. Upon submission of the preliminary 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 ofCampbell's NPDES permit, Provision C.3. Exhibit A — Conditions of Approval Page 13 PLN-2023-164 — Major HDP and Vesting T-Map 251 Llewellyn Avenue b. The applicant shall sign the "Covenants for the Operation and Maintenance of Stormwater Facilities" and submit a Stormwater Management Plan. Prior to occupancy: a. A qualified BMP certifier is required to inspect the stormwater management facilities, submit a complete set of as-built drawings to Public Works Engineering, and certify on these drawings that: 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. 37. Utilities: All on-site utilities shall be installed underground per Section 21.18.140 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. Utility locations shall not cause damage to any existing street trees. Where there are utility conflicts due to established tree roots or where a new tree will be installed, alternate locations for utilities shall be explored. Include utility trench details where necessary. 38.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. 39. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. The plan shall clearly show the location and size of all existing utilities and the associated main lines; indicate which utilities and services are to remain; which utilities and services are to be abandoned, and where new utilities and services will be installed. Joint trenches for new utilities shall be used whenever possible. 40.Pavement Restoration: The applicant shall restore the pavement in compliance with City standard requirements. In the event that the roadway has recently received a pavement treatment or reconstruction, the project will be subject to the City's Street Cut Moratorium. The applicant will be required to perform enhanced pavement restoration consistent with the restoration requirements associated with the Street Cut Moratorium. The City's Pavement Maintenance Program website (https://www.ci.campbell.ca.us/219) has detailed information on the streets currently under moratorium and the enhanced restoration requirements. Exhibit A — Conditions of Approval Page 14 PLN-2023-164 — Major HDP and Vesting T-Map 251 Llewellyn Avenue 41.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, unless approved by the City Engineer. c. Removal of existing driveway approaches, sidewalk, curb and gutter. d. Installation of City approved street trees and irrigation at 30 feet on center. The areas where the trees are to be planted shall be over-excavated to loosen the soil and ensure good future growth. Root barriers shall not be installed. e. 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. f. Installation of City standard ADA curb ramps at all intersections along the frontage, unless the ramp is already ADA compliant and consistent with the reconstructed sidewalk improvements. 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. i. Installation of traffic control, stripes and signs. j. Construction of conforms to existing public and private improvements, as necessary. k. Submit final plans in a digital format acceptable to the City. 42.Street Improvements Completed for Occupancy and Building Permit Final: Prior to allowing occupancy and/or final building permit signoff for the last five (5) units in phase 1 of the project, 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. 43.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. Exhibit A — Conditions of Approval Page 15 PLN-2023-164 — Major HDP and Vesting T-Map 251 Llewellyn Avenue 44.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. 45.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 46.Bike Markings: Install thermoplastic shared lane bike markings on Llewellyn Avenue (between Hamilton and Latimer) and Latimer Avenue (between Llewellyn Avenue and Winchester Boulevard). 47.Speed Sign Furnish and install one solar-powered radar speed sign (to face eastbound Latimer Avenue traffic), Type 1-B pole, and concrete pole foundation. 48.Parking Sign: Remove existing 3-hour parking signs on west side of Llewellyn Avenue. FIRE DEPARTMENT 49. Fire Hydrants 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. Exception: For Group R-3 and Group U occupancies the distance requirement shall be 600 feet. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3, the distance requirement shall be not more than 600 feet [CFC, Section 507.5.1]. a. The location of the proposed new hydrants are shown on sheet C11. b. New hydrant added near building 28 to satisfy FDC distance requirements. c. New fire hydrant authorization letter shall be approved by SCCFD and San Jose Water company prior to building permit approval. d. Cover sheet notes that there will be no combustible construction prior to hydrant installations. 50.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. Exhibit A— Conditions of Approval Page 16 PLN-2023-164 — Major HDP and Vesting T-Map 251 Llewellyn Avenue 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 51. Required Fire Flow: The fire flow for this project is 4,750 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 3,563 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. a. Fire flow shall be met from the new hydrants and provided with the hydrant authorization plans. 52. 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]. 53.Aerial Access 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. a. Townhouses along Llewellyn and Latimer require aerial access. b. Aerial access can be achieved on Llewellyn. c. Response letter indicated [Latimer Avenue] power lines will be moved underground to provide aerial access. 54.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. a. Sheet C5.0 shows minimum width and turning radii requirements. 55.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. a. Ground ladder diagrams shown on sheets 1.7 and 2.21. Exhibit A — Conditions of Approval Page 17 PLN-2023-164 — Major HDP and Vesting T-Map 251 Llewellyn Avenue 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. a. Fire lanes shown on sheet C11. 57. 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. a. Noted on sheet C1. 58. Fire Alarm Requirements: Refer to CFC Sec. 907 and the currently adopted edition of NFPA 72. a. Noted on sheet C1. 59.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]. 60.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. 61.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 . 62.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]. EXHIBIT B — Affordable Housing Plan I J ....1Kit ! 1 1�1- owrertwr P7 aj P9 P3 P3 PJ Pt ii PO PM , I�'1 r n 17T1 1121 IT] C'�17C.lei ^ O PI f l I ►S P9 P4 P3 PB P2 P1 I ® to w 1 PS P9 l.66J -_._ ;-�-.-- /� yI ----- ..1 1 L 77 (4 P1L ] h_"____��' ". °„ s O PI 41 BONLtiLl _.r ].. _1 1u Lai P2 l a7 ,— C� ; vY f C 16 L� LEGEND 11 Pt 1 ""' - I B10 awoec xur�m Ail 1 PO PO C3L ' ' P1 lwi YAM. vivo ' w.u,I,w. P1 C P9 P3 Via- ., _ ,. uxortc r, f.'E:7 IL Ill Y1 yu 66I '- ,r' -. �y97 V/ 1 Po P.. P.. PI P3 _PS __-_�� I 1S - '[U _. I `� nr.,�«,wux.rt Iv�n rsl 0 '�-,. °C" _..1 r 1.�1 - ,_.. Lk1 PoB700 8200 PI C>o I- l^A7 1� II III L pS p „,yE I 1 I ' HALO`m1 ^laII L+z1 [+a i` L'JPo P51.�I ® 13� P1 P7 Po Pe 17_I P6 P2 P1 ;�,r r L' r CALCULATIONSBMR I(::!,., 1 110 I ry p(�I t2 4x wlwr Win I II I I 1f (— I � _ m P3 P - '. fiPS Q'HI6'L1XI►l P3BM uhv u» t Cr 1 P1�' C_b7J Po W L�7 n - I nix 741 _ C47 P7 v7'lie -- �\ M®I -hl P1 P1 l& u �II 1 1 -Y ( P7 `J 1 t 1 \ ko PI LI) . h t —,....,_____Ln_r_L_LLL, , __' „ -,R- BYD041/4-------ac)1 ...... IP 1 Pt P� w P9 P! n ,/ tk \ 1 r- I � / © (m i f�1 - IT Cm V P, PP P7 - P7 P, lj �o _ ® or 1".10 h1 /. `+1 _.-..__...._. - ........_. ♦ ..i E A I. 'Iun„nx Sur wywn a Engineering ns` �.Associates LAW�NSIEC 2S1 LLEYYELLYN AVENUE BNR PLAN — _____--__.__.____—__—..._.. -_ __ .__ ......_ _. _.. __ __ -- CAMN� DATE:le14S-0{ PROJECT NO:IF/N CALIFORNIA EXHIBIT C — Housing Incentive Request Pulte Homes 251 Llewellyn Avenue Project Housing Incentives Request Standard MFDDS City's Standard Requested Standard Section Large Site Standards(MFDDS Chapter 8) Site must be divided into Allow the project site to be divided Creation of 58.020.3.A blocks through use of into blocks using a sub-standard Blocks thoroughfares and large site throughfare and alleys. open spaces. Rational: This standard precludes the project as designed. Complying with this standard would reduce the density required or severely reduce the size of the individual units. The "Neighborhood Street, Thoroughfare § 8.040, Table Parallel Parking with Tree Allow a modified throughfare design Thi 8.040.1 Wells" throughfare type must with parallel parking only on one side designed per specification # and without bicycle lanes. No. 4. Rational: This standard precludes the project as designed. Complying with this standard would prohibit our ability to provide our modified throughfare design along the northern boundary. Design Site §8.040.5.A Design sites must "front onto" Allow design sites to incorporate the Configuratio § 3.020.7.A the pedestrian network. pedestrian network within the design n sites. Rational: This standard precludes the project as designed. Complying with this standard would reduce density or unit size to an unacceptable level. Large Site § 8.030.7.(3) The "green" large site open Allow the "green" large site open space Et Open Space space must abut a to abut townhomes on both sides. p p §8.030.5.A thoroughfare on one side. Rational: This standard precludes the project as designed. Complying with this standard would remove a row of i units,resulting in an unacceptable loss of density. TypeS 8.020.3.C. The project must maintain mix Allow use of only one building type; Building Compliance (1) of at least two different townhomes in attached and detached building types within a block. format. Rational: This standard precludes the project as designed. Although we believe that we are providing two distinct product types, this waiver will allow us to build what we have previously promised to the neighborhood surrounding our site. Stormwater management Stormwater § 8.020.E.(1) features are limited to swales Allow use of the Silva Cell modular Management (b) and ponds integrated into the suspended pavement system for streetscape system and/or stormwater management. open spaces areas. Rational: This standard precludes the project as defined. Silva Cell systems are typical for stormwater management and should be included in the City's allowable systems for management. Sidewalk §8.040.5.E Where they occur, sidewalks Allow use of sidewalks of 4-feet in Width must be at least 6-feet wide. width. Rational: This standard precludes the project as designed. Complying with this standard would would needlessly reduce landscape area and/or building square footage. Zone Standards(MFDDS Chapter 3) 1 Standard MFDDS City's Standard Requested Standard Section 85-ft. minimum, except when Design Site S 3.050.3 abutting an alley, where a 65- Detached 64-ft. minimum Depth ft minimum applies (20-ft Townhomes reduction) Rational: This standard precludes the project as designed. Complying with this standard would conflict with site boundaries, proposed walkways and common open space and would result in a loss of density and/or significant decrease in unit size. Attached 2-ft. minimum Interior Townhomes Setbacks §3.050.5 5-ft. minimum Detached 4-ft. minimum Townhomes Rational: This standard precludes the project as designed. Complying with this standard would result in a loss of units or significant reduction in size. Side Street §3.050.5 10-ft. minimum Attached 5-ft. minimum Setback Townhomes Rational: This standard precludes the project as designed. Complying with this standard would conflict internal product and project design. A minimum of 65% of the building must be within the facade zone (front street) Attached No minimum facade Facade Zone §3.050.5 A minimum of 55% of the building must be within the Townhomes zone facade zone(side street) Rational: This standard precludes the project as designed. Complying with this standard would subject the project into losing an unacceptable amount of density and/or severely reducing unit size. 17-ft. minimum (front) Attached Townhomes 8-ft. minimum (street- Parking 40-ft. minimum (front street) side) (garage) § 3.050.7 Setback 20-ft. minimum (street street) 30-ft. minimum (front) Detached Townhomes 12-ft. minimum (street-I side) Rational: This standard precludes the project as designed. Complying with this standard would reduce density to an unacceptable level. Attached Depth of 9-ft. to 23-ft. Ground-Floor 25-feet minimum for at least Townhomes Habitable S 3.050.5 80% of facade length Detached 1 Space Townhomes 6-ft to 23-ft. Rational: This standard precludes the project as designed. We feel that this standard should be modified in future iterations of the MFDDS to what is currently being utilized by todays new home builders. Site Design Standards (MFDDS Chapter 4) 2 rt Standard MFDDS City's Standard Requested Standard Section Allow for removal of "protected" trees Tree Removal 'Protected" trees require a without a Tree Removal Permit, Concessio Tree Removal Permit in negating the need to exhaust all n # 1 Requirement §4.030.4.C. accordance with CMC Chapter alternative site configurations and , 21.32. adjustments permitted under MFDDS § 21.07. This is a concession that is allowed under the Density Bonus Law. i ! Mailbox §4.050.1.A. 5-ft. (60") maximum height 62 3 " maximum height Height Rational: This modification is for a 3"variation to the max mailbox height. Building Type Standards(MFDDS Chapter 5) Allow for interwoven Unit Townhome units, as defined, layout of units (i.e., Attached Configuratio § 5.090.2 are to be linearly divided and/ partially stacked or n or vertically stacked Townhomes side-to-back layout) for Plan 1 and 2. Rational: This standard precludes the project as designed. The product type proposed is a standard layout for today's attached housing product commonly offered throughout every Bay Area jurisdiction. Only'Side Gable,''Center Detached Allow for a'Front Massing Type § 5.090.3 Gable,'and'Twin Gable' Townhomes Gable'massing type massing types are allowed Rational: This standard precludes the project as designed. Our belief is that we are providing an enhanced visual appeal with our submitted design. Unit Width §5.090.3 16-feet minimum Attached 12-feet (Plan 5 only) Townhomes Rational: This standard precludes the project as defined. There are a few units that in areas will be reduced to 12'width. These units are completely functional and have been proven to provide value to today's new home buyers. Attached Allow some units to Main entrance location shall Townhomes Pedestrian §5.090.5 be at the front of the have main entrances at Access building. Detached the side of the building Townhomes (at corners). Rational: This standard precludes the project as designed. We believe that the placement of main entrance location should be placed where it is most visually appealing, which is what we have done. Architectural Standards(MFDDS Chapter 7) Buildings over 80 feet wide Massing § 7.030.3.B. and up to 120 feet wide shall... At t a c h e d No requirement for a Elements include at least one ...massing Townhomes massing feature. feature. Rational: This standard precludes the project as designed. Complying with this standard would conflict with proposed massing in all of the buildings. Bay Each facade shall be Attached No requirement for Composition § 7,040.5 arranged according to a Townhomes strict pattern of bays. pattern of bays. 3 Standard MFDDS City's Standard Requested Standard Section Rational: This standard precludes the project as designed. Complying with this standard would fundamentally change the design as contemplated. Attached Do require a base, Base, Middle, Each building shall be Townhomes middle, and top Top §7.040.3 composed of a base, middle, treatment across all and top. Detached elevations. Town homes Rational: This standard precludes the project as designed. Complying with this standard would conflict with proposed massing and elevation change to all buildings. 4 PULTE HOMES 251 Llewellyn Avenue Project Addendum to Housing Incentives Request Standard: Transformer Screening MFDDS Section: 4.050.3 City's Standard: Transformers shall be fully screened by a solid wall Requested Standard: Allow to be screened by landscaping and/or wood screens Rational: Achieves the same purpose, but allows for more greenery and an easier envelope in which to work with. EXHIBIT D — Phasing Plan Puke HOMES June 13th, 2024 Mr. Daniel Fama City of Campbell 70 N. First Street Campbell, CA 95008 RE: Project-Phasing Plan: 251 Llewellyn Avenue Dear Daniel, As discussed,we seek to phase the above referenced project, assuming it is approved, into two separate phases. As you are aware,the entire site(5.56 acres) has already received General Plan and Zoning approval,and our Tentative Map has a total of 108 residential units(90 attached and 18 detached),which is coming up for Planning Commission and City Council action. Proposal and Timeline This project proposal would allow Pulte to move forward immediately with the development of 70 attached townhomes and 18 detached units,on approximately 4.58 acres of the site. The following phase (Phase 2) would consist of 20 attached town homes and sit on approximately .975 acres of land. It is anticipated that Phase 1 would begin construction in late summer/early fall of 2024,and that Phase 2 is expected to begin approximately eighteen (18) months thereafter. It is anticipated that operations of the "Intake Assessment Center" (on Phase 2), would remain running during the development of Phase 1. Parking Parking will be provided in each phase and will independently meet the City's parking requirements. Emergency Vehicle Access The project's overall private street circulation network will provide access that meets design standards set forth by the Santa Clara County Fire Department. Continuous access will be made Put HOMES available to the use on the Phase 2 parcel,and easements will be provided over the future private streets from Llewellyn and Latimer Avenue's to the Phase 2 parcel. Below Market Rate (BMR) Units This project,after total buildout,will provide a total of 16 BMR units out of the planned 108 that will be built. The location of these units have been dispersed throughout the development in accordance with City policy. There are a total of 13 BMR units that will be constructed in Phase 1, and the additional 3 units will be built in Phase 2. Construction Sequencing Per the attachment, please see our desired location of model housing units as well as our proposed plan for construction sequencing (in Phase 1). It is anticipated that all units in Phase 2 would be built concurrently. We appreciate your help with this process and look forward to working with the City towards the completion of the project. Sincerely, PULTE HOME COMPANY, LLC Jennifer Vo Vice President of Land Acquisition --- Set RINSZYNTAINY 4MINB 1 MONO. -------------_ -- -- ------'' .P. • -2 a , , 4 . ...- i n - ----= ----- _- ,.._L_-_-__,------___•:___„___,_______ 1 P1111 ,1 I r ----— , g _____ 1, __ ; i k , „ 1 —i—t i I 1 0 1 il , • 1 I i jI 1-- 11................ MINI-Silli7 MEI 1 • ... ,... 1 i : , - 4 i ____ — 1 a I Ihrae 1- , ..i . 0 . 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J 1 a .O• )► I Jl I r •. s E '.J I\1 I r a , a y • t • Civil • Engine " e� 9 ELLVNA ,; + SFD MODELS 8 O': Associates s POSSIBLE PARKING IV,,'„ LOTLOCATIONS 1 'A '�� M'7 VENUE _ ^ a-PLAN+, _„... __ :.. SITE PLAN ALTA 14-Plan la 11111 k-.ItAfM X(U 13 VFCI MU 78 150 4 ;,- .6'". CAMPYFLL CAUfDHNfA Pulte HOMES Bay Area Division June 5, 2024 Rob Eastwood Community Development Director City of Campbell 70 N 1st Street Campbell, CA 95008 Re: File No: PLN-2023— 164 Address: 251 Llewellyn Avenue Subject: Project Commitments Dear Mr. Eastwood, Please be advised that Pulte Home Company, by issuance of this letter, is voluntarily committing to incorporation of the below environmental measures, which we request be considered part of the "project" for purposes of the City's review under the California Environmental Quality Act (CEQA). NOISE Commitments: The following measures shall be incorporated into the project on-site construction operations: • Noise-generating construction activities within the project area shall occur pursuant to the hours and days outlined in the City of Campbell Municipal Code to the maximum extent feasible. Specifically, construction activities shall be limited to the hours of 8 am — 5 pm daily, Monday through Friday, 9 am—4 pm on Saturday, and no construction on Sunday. • All noise-producing project equipment and vehicles using internal-combustion engines shall be equipped with manufacturers-recommended mufflers and be maintained in good working condition. • All mobile or fixed noise-producing equipment used on the project site that are regulated for noise output by a federal, state, or local agency shall comply with such regulations while in the course of project activity. • Material stockpiles and mobile equipment staging, parking, and maintenance areas shall be located as far as practicable from existing residences. • In the event that unusual circumstances or emergencies prevent certain project construction activities from complying with the City of Campbell General Plan,then a noise control plan shall be developed to ensure that sufficient mitigation is implemented during project construction to ensure adverse noise impacts are avoided. 4511 Willow Road,Suite 8, Pleasanton,CA 94588 .,,,„ Pulte HOMES Bay Area Division • Upgraded windows with STC ratings would be required on the second floor of building 30 as indicated in Table 12 and as shown on Figure 2 of this report. This applies only to second floor windows on the lots highlighted in Figure 2, from which San Tomas Expressway would be visible. • A suitable form of forced-air mechanical ventilation or air-conditioning shall be provided so that windows can be kept closed as desired for additional acoustical isolation. • An 8-foot-tall noise barrier should be constructed at the location shown on Figure 2. _ 1 Jaseiti . -AM - -r _ ....--, cc, - 7 j � � E. Imo( I � . L 11 I. S. i C 1 y ' 0 i4--0 A CI-I ' ' I . _ . 4: it. ir---2, r- t .i - -- - s W LATIMER AVENUE Legend Site Plan 8 Mitigation - E.isylg T-a1s:Nose Bar,o 251 Llewellyn Avenue - Recover-ended Trans No Barre,(&ba W) Campbell Cali'ornia Reemr^erded Weddw Assemey Upgrades SIC 32 ipp.-10 r%Ony) t Figure 2 I 4511 Willow Road, Suite 8, Pleasanton, CA 94588 cifte HOMES Bay Area Division BIO Commitments: • Pre-Construction Arian Survey II'project construction-related activities would take place during the nesting season (February through August), prcconstruction survey: for nesting passerine birds ;, raptors thirds of prey) within the Property and the large trees within the adjacu- !i!1.1v+.i i should be conducted by a competent biologist 14 days prior to the cortir:..::.4•:.:eitt of the tree removal or site grading activ hies. If any bird listed under the Migraiorj Bird Treaty Act is found to he nesting within the project site or within the area of influence, an adequate protective buffer zone should he established by a qualified biologist to protect the noting site. This buffer shall be a minimum of 75 feet from the project activities for passerine birds, and a minimum of 200 feet fur raptors.The distance shall be determined by a competent biologist based on the site conditions (topogr.rphy, if the nest is in a line of sight of the construction and the sensitivity of the birds nesting). The nest sitels)shall be monitored by a competent biologist periodically to see if the birds are stressed by the construction activities and if the protective butter needs to he increased. Once the young have fledged and arc flying well enough to avoid project construction zones (typically by August), the project can proceed without funher regard to the nest sitc(s). • Pre-construction Rat Survey - To avoid "take' of special-status bats, the following mitigation measures shall be implemented prior to the removal of any existing trees or structures on the project site: a) A bat habitat assessment shall be conducted by a qualified bat biologist during seasonal periods of bat activity (mid-February through mid-October - ca. Feb. 15 - Apr, 15.and Aug. 15 -October 30), to determine suitability of each existing structure as bat roost habitat. b) Structures found to have no suitable openings can be considered clear for project activities as lung as they are maintained so that new openings do not occur. el Structures found to provide suitable roasting habitat. but without evidence of use by bats.may be scaled until project activities occur.as recommended by the bat biologist. Structures with openings and exhibiting evidence of use by bats shall be scheduled for 4511 Willow Road, Suite 8, Pleasanton,CA 94588 piI(e HOMES Bay Area Division humane bat exclusion and eviction, conducted during appropriate seasons, and under supervision ofa qualified bat biologist. d) Rat exclusion and eviction shall only occur between February 15 and April 15, and from August 15 through October 30, in order to avoid take of non-volant (non-flying of inactive,either young,or seasonally torpid)individuals_ OR A qualified wildlife biologist experienced in suneying for and identifying bat species should survey the portion of the Property with large trees and abandoned structures. If tree removal is proposed to determine Warty special---status bats reside in the trees. Any special-status bats identified should be nmovcd without harm. Bat houses sufficient to shelter the number of bats removed should be erected in open space areas that would not be disturbed by project development, AQ/GHG EMISSIONS Commitments: Construction activities will result in the generation of fugitive dust which is regulated and measured as PM10 and PM25. Sources of fugitive dust include disturbed soil when vehicles traverse the Project Site both on unpaved and paved ground, and when material movement activities occur. Additionally, the deposition of mud on local streets by vehicles entering and exiting the Site could be an additional source of airborne dust after it dries. Per the BAAQMD CEQA Air Quality Guidelines fugitive dust impacts are considered to be less-than-significant if basic best management practices (BMPs) are implemented. Below is a list of basic BMPs from Table 5-2 of the BAAQMD CEQA Guidelines which the Project will incorporate into the project design and be implemented during construction. Therefore, fugitive dust impacts from construction activities will be less than significant: B-1: All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. B-2: All haul trucks transporting soil, sand, or other loose material off-site shall be covered. B-3: All visible mud or dirt track out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. B-4: All vehicle speeds on unpaved roads shall be limited to 15 mph. B-5: All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. B-6: All excavation, grading, and/or demolition activities shall be suspended when average wind speeds exceed 20 miles per hour(mph). 4511 Willow Road, Suite 8, Pleasanton, CA 94588 Pulte HOMES Bay Area Division B-7: All trucks and equipment, including their tires, shall be washed off prior to leaving the site. B-8: Unpaved roads providing access to sites located 100 feet or further from a paved road shall be treated with a 6- to 12-inch layer of compacted layer of wood chips, mulch, or gravel. B-9: Publicly visible signs shall be posted with the telephone number and name of the 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 General Air Pollution Complaints number shall also be visible to ensure compliance with applicable regulations. As stipulated in Section 6.2.1 of the BAAQMD CEQA Guidance, the planned residential community will not include natural gas appliances and instead install appliances which operate on electricity. As stated in Section 6.3 of the BAAQMD CEQA Guidance, no significant thresholds for construction related GHG emissions are established. However, the guidance states that projects "should incorporate" BMPs for reducing GHG emissions from construction activities. Various BMPs from the BAAQMD's Table 6-1 will be incorporated into the project, including the following: • Idling time of off-road equipment will be minimized and signage will be posted at the Site entrance. • Off-road diesel-powered equipment will be prohibited from being in the "on" position for more than 10 hours per day. • All construction equipment will be properly maintained in accordance with the manufacturer's specifications. No stationary sources requiring an air permit from BAAQMD will be constructed or used at the Project Site. Therefore, the project will have a less-than significant impact related to stationary source GHG emissions. There are various mitigation measures that would reduce criteria pollutant and GHG emissions from the Project Site that were included in the CalEEMod model. Mitigation measures, including those above and beyond the basic BMPs for fugitive dust mitigation, which were included in the emissions model are shown below: • Exposed soil during construction will be watered a minimum of three times per day or when necessary to control particulate dust emissions during earthmoving activities. • Demolished areas will be watered during the demolition phase to control particulate dust emissions. • Unpaved roads will be watered a minimum of twice per day and the posted speed limit within the Project Site during construction activities will be limited to 15 miles per hour. 4511 Willow Road, Suite 8, Pleasanton, CA 94588 64 HOMES Bay Area Division • Architectural coatings inside and outside the residential buildings will utilize low VOC content paints and primers. Paints and primers to be used are expected to be zero VOC and will adhere to VOC limits outlined in CalGreen Tables 4.504.1; 4.504.2; 4.504.3. • Energy Star-certified appliances will be installed within the residences. • No natural gas appliances will be used at the Project Site. All appliances will run on electricity. • Low-flow or high-efficiency water fixtures will be used within the residences, including toilets, shower heads, sink faucets, etc. • Water efficient landscapes will be included in the Project Site. • Natural gas fireplaces will not be used at the Project Site. Fireplaces will run on electricity. • Heavy-duty diesel vehicle idling will be limited to less than 5 minutes when on site, in accordance with CARB regulations. • The Project Site will provide short-term bicycle parking. Traffic/Transportation Commitments: • The current location of the southbound stop sign in front of the project driveway should be relocated further north to avoid the project driveway. This would prevent southbound vehicles from stopping right in front of an eastbound vehicle at the all-way stop- controlled intersection. • The two guest parking spaces (#1 and#19) located next to the driveway on Llewellyn Avenue should be removed to avoid affecting operations at the driveway. Should you have any further questions or concerns, please feel free to contact me directly. Sincerely, Pulte Home Company, LLC a Michigan Limited Liability Company Northern California Division Jennifer Vo Vice President of Land Acquisition 4511 Willow Road, Suite 8, Pleasanton, CA 94588 Pulte Homes 251 Llewellyn Avenue Project Housing Incentives Request Standard MFDDS City's Standard Requested Standard Section Large Site Standards (MFDDS Chapter 8) Site must be divided into Allow the project site to be divided Creation of S8 020.3.A blocks through use of into blocks using a sub-standard Blocks thoroughfares and large site i throughfare and alleys. open spaces. Rational: This standard precludes the project as designed. Complying with this standard would reduce the density required or severely reduce the size of the individual units. I The "Neighborhood Street, Thoroughfare § 8.040, Table Parallel Parking with Tree Allow a modified throughfare design Thsig oro 8.040.1 Wells" throughfare type must with parallel parking only on one side designed per specification # and without bicycle lanes. No. 4. Rational: This standard precludes the project as designed. Complying with this standard would prohibit our ability to provide our modified throughfare design along the northern boundary. Design Site §g.040.5.A Design sites must "front onto" Allow design sites to incorporate the Configuratio y 3.020.7.A the pedestrian network. pedestrian network within the design n sites. Rational: This standard precludes the project as designed. Complying with this standard would reduce density or unit size to an unacceptable level.S Large Site It space must abut a 8.030.7.(3) The "green" large site open Allow the "green" large site open space 0 en Spaceto abut townhomes on both sides. p S 8.030.5.A thoroughfare on one side. Rational: This standard precludes the project as designed. Complying with this standard would remove a row of units, resulting in an unacceptable loss of density. Building Type § 8.020.3.C. The project must maintain mix j Allow use of only one building type; Compliance (1) of at least two different townhomes in attached and detached building types within a block. format. Rational: This standard precludes the project as designed. Although we believe that we are providing two distinct product types, this waiver will allow us to build what we have previously promised to the neighborhood surrounding our site. Stormwater management Stormwater S 8.020.E.(1) features are limited to swales Allow use of the Silva Cell modular Management (b) and ponds integrated into the suspended pavement system for streetscape system and/or stormwater management. open spaces areas. Rational: This standard precludes the project as defined. Silva Cell systems are typical for stormwater management and should be included in the City's allowable systems for management. Sidewalk § 8.040.5.B Where they occur, sidewalks Allow use of sidewalks of 4-feet in Width must be at least 6-feet wide. width. Rational: This standard precludes the project as designed. Complying with this standard would would needlessly reduce landscape area and/or building square footage. Zone Standards (MFDDS Chapter 3) 1 DS Standard SecDtion City's Standard Requested Standard 85-ft. minimum, except when Design Site § 3.050.3 abutting an alley, where a 65- Detached 64-ft. minimum Depth ft minimum applies (20-ft Townhomes reduction) Rational: This standard precludes the project as designed. Complying with this standard would conflict with site boundaries, proposed walkways and common open space and would result in a loss of density and/or significant decrease in unit size. Attached 2-ft. minimum Interior Townhomes Setbacks § 3.050.5 5-ft. minimum Detached 4-ft. I Townhomes Rational: This standard precludes the project as designed. Complying with this standard would result in a loss of units or significant reduction in size. Side Street Attached Setback 5 3.050.5 10-ft. minimum Townhomes 5-ft. minimum Rational: This standard precludes the project as designed. Complying with this standard would conflict internal product and project design. A minimum of 65% of the building must be within the facade zone (front street) Facade Zone § 3.050.5 A minimum of 55% of the Attached No minimum facade building must be within the Townhomes zone facade zone (side street) Rational: This standard precludes the project as designed. Complying with this standard would subject the project into losing an unacceptable amount of density and/or severely reducing unit size. 17-ft. minimum (front) Attached Townhomes 8-ft. minimum (street- Parking 40-ft. minimum (front street) side) (garage) § 3.050.7 --- Setback 20-ft. minimum (street street) 30-ft. minimum (front) Detached Townhomes 12-ft. minimum (street- side) Rational: This standard precludes the project as designed. Complying with this standard would reduce density to an unacceptable level. Depth of Attached 9-ft. to 23-ft. Ground-Floor 25-feet minimum for at least Townhomes § 3.050.5 Habitable 80% of facade length Detached I Space Townhomes 16-ft to 23-ft. Rational: This standard precludes the project as designed. We feel that this standard should be modified in future iterations of the MFDDS to what is currently being utilized by todays new home builders. Site Design Standards (MFDDS Chapter 4) 2 Standard Section City's Standard Requested Standard Allow for removal of "protected" trees Tree Removal "Protected" trees require a without a Tree Removal Permit, Concessio Requirement §4.030.4.C. Tree Removal Permit in negating the need to exhaust all n # 1 accordance with CMC Chapter alternative site configurations and 21.32. adjustments permitted under MFDDS § 21.07. This is a concession that is allowed under the Density Bonus Law. Mailbox §4.050.1.A. 5-ft. (60") maximum height 62 3/a" maximum height He Rational: This modification is for a 3" variation to the max mailbox height. Building Type Standards (MFDDS Chapter 5) Allow for interwoven Unit Townhome units, as defined, Attached layout of units (i.e., Configuratio S 5.090.2 are to be linearly divided and/ Townhomes partially stacked or n or vertically stacked side-to-back layout) for Plan 1 and 2. Rational: This standard precludes the project as designed. The product type proposed is a standard layout for today's attached housing product commonly offered throughout every Bay Area jurisdiction. Only 'Side Gable,' 'Center Detached Allow for a 'Front Massing Type § 5.090.3 Gable,'and Twin Gable' massing types are allowed Townhomes Gable' massing type Rational: This standard precludes the project as designed. Our belief is that we are providing an enhanced visual appeal with our submitted design. Unit Width § 5.090.3 16-feet minimum Attached 12-feet (Plan 5 only) Townhomes Rational: This standard precludes the project as defined. There are a few units that in areas will be reduced to 12' width. These units are completely functional and have been proven to provide value to today's new home buyers. Attached Allow some units to Pedestrian Main entrance location shall Townhomes have main entrances at S 5.090.5 be at the front of the Access I the side of the building building. Detached Townhomes (at corners). Rational: This standard precludes the project as designed. We believe that the placement of main entrance location should be placed where it is most visually appealing, which is what we have done. Architectural Standards (MFDDS Chapter 7) Buildings over 80 feet wide Massing § 7.030.3.B. and up to 120 feet wide shall... Attached No requirement for a Elements include at least one ...massing Townhomes massing feature. feature. Rational: This standard precludes the project as designed. Complying with this standard would conflict with proposed massing in all of the buildings. Each facade shall be Bay Attached No requirement for Composition § 7.040.5 arranged according to a Townhomes strict pattern of bays. pattern of bays. 3 MFDDS # Standard 1 Section City's Standard Requested Standard Rational: This standard precludes the project as designed. Complying with this standard would fundamentally change the design as contemplated. Attached Do require a base, Base, Middle, Each building shall be Townhomes middle, and top Top § 7.040.3 composed of a base, middle, treatment across all and top. Detached elevations. Townhomes Rational: This standard precludes the project as designed. Complying with this standard would conflict with proposed massing and elevation change to all buildings. 4 PULTE HOMES 251 Llewellyn Avenue Project Addendum to Housing Incentives Request Standard: Transformer Screening MFDDS Section: 4.050.3 City's Standard: Transformers shall be fully screened by a solid wall Requested Standard: Allow to be screened by landscaping and/or wood screens Rational: Achieves the same purpose, but allows for more greenery and an easier envelope in which to work with. --- -- PHASE - _- _ / 10 � n � _ i� por' ,, ) _— 1 gym;Rr ® o 0 0 0 0 01�-. I / __-_n_c . 9$ - - - 1 s a r w - :CaE j91slilt O pl I a - upi =0 eo " 1121 I 1 ' r 1 e.,v rf NO 'zi11 �11JNPoI Lt - - p ■1�J p 7 - i 1111 _ �11 EEEE EE o ®a I .17 ai �r� o�0 o g i. s--my . • y. 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