PC Res 4711RESOLUTION NO. 4711
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL RECOMMENDING APPROVAL OF 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 Planning Commission finds as follows with regard to the recommended 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.
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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% × 25 units/gr. acre = 18.75/units gr. acre minimum density).
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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.
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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 19.2 units/gr. acre (88 units ÷ 4.58 acres)
and 20.5 units/gr. acre (20 units ÷ 0.975 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.
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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.C (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.
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.
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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 Planning Commission further finds and concludes that:
Housing Development Permit (CMC Sec. 21.07.070.A):
1. The project, as conditioned, complies with all objective standards;
2. The project, as conditioned, is consistent with all applicable General Plan goals,
policies, and actions;
3. In the event of a conflict between General Plan and Zoning Standards, the standards
contained in the General Plan were applied;
4. The project will not result in a specific adverse impact to public health and safety that
cannot be mitigated without rendering the project infeasible;
Tentative Subdivision Map Findings (Govt. Code § 66410 et seq.):
5. That the proposed map is consistent with applicable general and specific plans;
6. That the design or improvement of the proposed subdivision is consistent with
applicable general and specific plans;
7. That the site is physically suitable for the type of development;
8. That the site is physically suitable for the proposed density of development;
9. That the design of the subdivision or the propose improvements are not likely to cause
substantial environmental damage or substantially and avoidably injure fish or wildlife
or their habitat;
10. The design of the subdivision or the type of improvements will not cause serious public
health problems;
11. The design of the subdivision or the type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of property
within the proposed subdivision or that alternative easements for access will be
provided, and that these will be substantially equivalent to ones previously acquired
by the public;
Density Bonus Findings (CMC Sec. 21.20.140.2):
12. The residential project is eligible for a density bonus and any concessions, incentives,
waivers, modifications, or reduced parking standards requested; conforms to all
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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;
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;
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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 Planning Commission recommends approval
of 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 recommended Conditions of Approval (attached Exhibit A)
PASSED AND ADOPTED this 25th day of June, 2024, by the following roll call vote:
AYES: Commissioners: Zisser, Kamkar, Fields, Krey, Ostrowski
NOES: Commissioners:
ABSENT: Commissioners: Buchbinder, Majewski
ABSTAIN: Commissioners:
APPROVED:
Alan Zisser, Chair
ATTEST:
Rob Eastwood, Secretary
Alan Zisser (Sep 6, 2024 15:37 PDT)
EXHIBIT A
RECOMMENDED 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, Planning Commission 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.C (Extensions of time)
Further, upon issuance of a Building Permit construction of the Approved Project shall
commence no later than two and one-half years from the effective date of City Council
approval (by February 20, 2027) pursuant to Gov. Code § 65589(o).
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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
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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.
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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 – Recommended Conditions of Approval Page 5
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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.
l. Provision for the availability of interior garage space for the parking of vehicles
at all times.
m. Provision to prohibit the use of outside parking spaces for storage purposes,
including boats, trailers, and recreational vehicles.
Exhibit A – Recommended Conditions of Approval Page 6
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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, Planning
Commission 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 – Recommended Conditions of Approval Page 7
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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 – Recommended Conditions of Approval Page 8
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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 – Recommended Conditions of Approval Page 9
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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 – Recommended Conditions of Approval Page 10
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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 – Recommended Conditions of Approval Page 11
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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.gov/DocumentCenter/View/16594
c. Tract Map: The subdivision map documents required for this project shall be
submitted for review by the City Surveyor as detailed here:
https://www.campbellca.gov/DocumentCenter/View/1478
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 – Recommended Conditions of Approval Page 12
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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 – Recommended Conditions of Approval Page 13
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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 – Recommended Conditions of Approval Page 14
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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 – Recommended Conditions of Approval Page 15
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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 – Recommended Conditions of Approval Page 16
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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 – Recommended 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].
Resolution 4710 ~ 251 Llewellyn Ave
Final Audit Report 2024-09-09
Created:2024-09-06
By:Nina Comcai (ninac@campbellca.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAKxVbpZOIwXWnOyuVDezPhyc31NYZaYxR
"Resolution 4710 ~ 251 Llewellyn Ave" History
Document created by Nina Comcai (ninac@campbellca.gov)
2024-09-06 - 5:41:50 PM GMT
Document emailed to Rob Eastwood (robe@campbellca.gov) for signature
2024-09-06 - 5:41:56 PM GMT
Document emailed to Alan Zisser (alanzisser@gmail.com) for signature
2024-09-06 - 5:41:56 PM GMT
Email viewed by Alan Zisser (alanzisser@gmail.com)
2024-09-06 - 10:37:09 PM GMT
Signer Alan Zisser (alanzisser@gmail.com) entered name at signing as Alan Zisser
2024-09-06 - 10:37:51 PM GMT
Document e-signed by Alan Zisser (alanzisser@gmail.com)
Signature Date: 2024-09-06 - 10:37:53 PM GMT - Time Source: server
Email viewed by Rob Eastwood (robe@campbellca.gov)
2024-09-09 - 6:47:10 PM GMT
Document e-signed by Rob Eastwood (robe@campbellca.gov)
Signature Date: 2024-09-09 - 6:47:18 PM GMT - Time Source: server
Agreement completed.
2024-09-09 - 6:47:18 PM GMT