Reso No 4726 - 90 E Latimer Ave - signedRESOLUTION NO. 4726
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A MINOR HOUSING
DEVELOPMENT PROJECT PERMIT WITH USE OF DENSITY BONUS
LAW (DBL) WAIVERS AND A CONCESSION FROM THE ZONING
CODE AND MULTI-FAMILY DEVELOPMENT AND DESIGN
STANDARDS (MFDDS) TO ALLOW CONSTRUCTION OF 20
TOWNHOME UNITS ACROSS 4 BUILDINGS, WITH ASSOCIATED
SITE AND LANDSCAPING IMPROVEMENTS; AND A VESTING
TENTATIVE SUBDIVISION MAP TO ALLOW CREATION OF 20
RESIDENTIAL LOTS, 2 COMMON LOTS, AND RELATED PUBLIC
AND PRIVATE EASEMENTS, ON PROPERTY LOCATED AT 90 E.
LATIMER AVE. FILE NO.: PLN-2024-92
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
The Planning Commission finds as follows with regard to the recommended approval of a
Minor Housing Development Project Permit with use of Density Bonus Law (DBL) waivers
and a concession, and a Vesting Tentative Subdivision Map ("Proposed Project"):
Environmental Findings:
1. The Proposed Project may be found Exempt under Section 15332 (In-Fill
Development Projects) of the California Environmental Quality Act (CEQA).
2. No applicable exceptions specified by Section 15300.2 (Exceptions) have been found
to be applicable to this project.
3. No substantial evidence has been presented which shows that the project, as
currently presented, and subject to the required conditions of approval, will have a
significant adverse impact on the environment.
4. As supported by substantial evidence in the administrative record, including technical
studies, and as summarized in the CEQA Memorandum, available for public review
on the City's website and at the Campbell Community Development Department, the
City has determined that the Proposed Project, inclusive of voluntary project
commitments that are incorporated herein by reference, qualifies for an exemption
from additional environmental review, and all required findings can be affirmatively
established.
Evidentiary Findings:
1. The Proposed Project is an application for a Minor Housing Development Project
Permit with use of Density Bonus Law (DBL) waivers and a concession from the
Zoning Code and Multi-Family Development and Design Standards (MFDDS) to allow
the construction of 20 townhome units across four buildings and creation of 20 private
lots and two common lots, with associated site improvements, and related public and
private easements.
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2. The Project Site is a 0.8 gross acre parcel located on the south side of East Latimer
Avenue, east of South Winchester Boulevard and west of North Third Street, largely
surrounded by single-family uses and low to medium density multi-family uses.
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.Small (T4N.S) on the City of
Campbell Form-Based Zone Map.
6. The Proposed Project would achieve a density of 25 units/gr. acre (20 units ÷ 0.8
gross acres), consistent with Table LU-I (General Plan Designations and
Implementing Zoning Districts) of the City’s General Plan specifying a density range
of 18-25 for this property.
7. 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
6, 2024 (file no. PLN-2024-90), predating the September 3, 2024 adoption of the new
Inclusionary Housing Ordinance.
8. 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, two (2) units shall be restricted to Low-Income households and one (1) to
Moderate-Income households, as demonstrated in the Affordable Housing Plan,
included herein as Exhibit B.
9. The two (2) Low-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
Low-Income households (or a greater degree of affordability), as specified by
Government Code § 65915(b)(1)(A).
10. Pursuant to CMC Chapter 21.20 (Density Bonuses and Other Housing Incentives) and
California Government Code Sections 65915-65918, the Proposed Project is eligible
for unlimited waivers from or reductions to development standards, one (1)
concession/incentive, and a 20% 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.
11. 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
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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).
12. The Proposed Project's requested concession is relief from the undergrounding of
utilities requirement of CMC Section21.18.140 (Undergrounding of utilities.).
13. 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 applicable objective general plan, zoning, and
subdivision standard, in effect at the time the project was deemed complete; or 2) the
project will result in a specific adverse impact to public health and safety for which
there is no feasible method to mitigate or avoid, unless the project is disapproved or
approved upon the condition the project be developed at a lower density.
14. To deny a concession or incentive, the decision-making body must find one or more
of the following conditions to exist: 1) The concession does not result in identifiable
and actual cost reductions (see related discussion on “Schreiber v. City of Los
Angeles”); 2) The concession would have a specific, adverse impact (as defined) upon
public health and safety or the physical environment or on real property listed in the
California Register of Historical Resources, and there is no feasible method to mitigate
or avoid the impact; and/or 3) The concession would be contrary to state or federal
law.
15. 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.
16. The Proposed Project complies with the 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.
17. The Proposed Project is exempt from analysis under the City's amended Vehicle Miles
Traveled (VMT) Policy, which presumes that a development will have a less-than-
significant transportation impact when the development would generate fewer than
110 daily vehicle trips.
18. Based on trip generation values from the Institute of Transportation Engineers (ITE)
Trip Generation Manual, the proposed project, involving the change in land use from
a commercial school to 20 townhome units, would result in a net reduction in Average
Daily Trips (ADT) under both analyzed scenarios: 1) replacing 40 daycare students
and 80 K-8 students, and 2) replacing 120 K-8 students. This change would generate
fewer than 100 peak hour trips, thereby not requiring a traffic impact analysis in
accordance with the Congestion Management Program as specified by the VTA
Transportation Impact Analysis (TIA) Guidelines.
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19. The Proposed Project, as conditioned, would be consistent with the following General
Plan policies and Actions:
Policy LU-3.3 Encourage creativity in the design and construction of residential projects
in order to increase affordable housing options throughout Campbell.
Projects that incorporate unique site design, smaller dwelling units,
maximization of onsite open space, and other tools to increase housing
options in Campbell shall be encouraged.
Policy T-3.1 Continue to use established vehicle miles traveled (VMT) metric(s),
evaluation method(s), and significance threshold(s) that comply with state
law such as SB 743.
Action CD-2.a As part of the development review process, ensure that projects
incorporate sustainable design elements, such as passive solar design,
energy-efficient features, water conservation measures, street trees,
electric vehicle charging stations, green stormwater infrastructure (GSI),
and low impact development (LID) stormwater features to the greatest
extent feasible.
Policy CD-1.4 Continue to develop and implement design requirements for residential,
non-residential and infrastructure development, both in the private and
public realms, that provide design and site planning approaches,
landscaping, site grading and similar architectural and site planning criteria
that will add design excellence, visual quality and interest to the community.
Policy LU-2.4 Require new development and renovation that is located within or
immediately adjacent to existing residential neighborhoods to be
compatible and well-integrated with the existing residential neighborhoods.
Policy LU-2.5 Promote new development and additions that are designed to maintain and
support the existing character and development pattern of the surrounding
neighborhood, especially in historic neighborhoods and neighborhoods
with consistent design characteristics.
Policy H-1.6: Emphasis on Affordable Housing: Support the development of additional
affordable housing by nonprofit and for-profit developers through financial
assistance and/or regulatory incentives.
Policy H-1.8 Housing Types: Support a range of housing types, densities, and
affordability levels distributed throughout the City.
Policy H -5.7 Homeownership Opportunities: Support the provision of homeownership
assistance to extremely low -, very low -, low -, and moderate - income
households.
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.
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.
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Action LU-2.a Through the development review and permit process, screen development
proposals for land use compatibility, including conformance with existing
development or neighborhoods.
20. 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.
21. 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.
22. 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.
23. There is a reasonable relationship and a rough proportionality between the Conditions
of Approval and the impacts of the Proposed Project.
24. 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;
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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;
Environmental Findings (CMC Sec. 21.38.050):
12. There are no unusual circumstances that would prevent the project from qualifying as
Exempt per Section 15300.2 of the CEQA Guidelines.
13. The Proposed Project is consistent with the General Plan, applicable General Plan
policies, zoning district, and regulations.
14. The Proposed Project is within the City of Campbell, is no more than 5 acres and
surrounded by urban uses.
15. The Project Site has no value as habitat for endangered, rare or threatened species
and can be adequately served by all required utilities and public services.
16. Approval of the Proposed Project would not result in any significant effects relating to
traffic, noise, air quality, or water quality.
THEREFORE, BE IT RESOLVED that the Planning Commission approvals a Minor
Housing Development Project Permit and Vesting Tentative Map with use of Density
Bonus Law (DBL) waivers and a concession (identified in Exhibit C) from the Zoning Code
and Multi-Family Development and Design Standards (MFDDS) to allow construction of
20 townhome units across 4 buildings, with associated site and landscaping
improvements, and finding the Proposed Project exempt from formal environmental review
under Sections 15300.2 and 15332 of the California Environmental Quality Act (CEQA),
for property located at 90 E. Latimer Avenue, subject to the attached recommended
Conditions of Approval (attached Exhibit A).
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PASSED AND ADOPTED this 26th day of November, 2024, by the following roll call vote:
AYES: Commissioners: Zisser, Kamkar, Buchbinder, Krey, Fields, Majewski
NOES: Commissioners:
ABSENT: Commissioners: Ostrowski
ABSTAIN: Commissioners:
APPROVED:
Alan Zisser, Chair
ATTEST:
Rob Eastwood, Secretary
Alan Zisser (Jan 29, 2025 15:46 PST)
EXHIBIT A
CONDITIONS OF APPROVAL
PLN-2024-92
Where approval by the Director of Community Development, City Engineer, Public Works
Director, City Attorney or Fire Department is required, that review shall be for compliance
with all applicable conditions of approval, adopted policies and guidelines, ordinances,
laws and regulations and accepted engineering practices for the item under review.
Additionally, the applicant is hereby notified that he/she is required to comply with all
applicable Codes or Ordinances of the City of Campbell and the State of California that
pertain to this development and are not herein specified.
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
1. Approved Project: Approval is granted for a Minor Housing Development Project Permit
with use of Density Bonus Law (DBL) waivers and a concession (identified in Exhibit C)
from the Zoning Code and Multi-Family Development and Design Standards (MFDDS)
to allow construction of 20 townhome units across 4 buildings, with associated site
and landscaping improvements; and a Tentative Vesting Subdivision Map to allow
creation of 20 residential lots, 2 common lots, and related public and private easements,
on property located at 90 East Latimer Avenue. The Approved Project shall
substantially conform to the Approved Project Plans included as Attachment B of
November 26, 2024, Planning Commission Staff Report, except as may be modified
by Conditions of Approval contained herein.
2. Permit Expiration: The Minor Housing Development Project Permit and Tentative
Vesting Subdivision Map granted herein ("Approval") shall be valid for two (2) years
from the effective date of the Planning Commission action (expiring December 6,
2026). Within this two-year period the Tract Map must be recorded with the Santa Clara
County Clerk-Recorded and a Building Permit must be issued pursuant to CMC Sec.
21.56.030.B.1. Failure to meet this deadline or expiration of an issued Building Permit
shall result in the Approval being rendered void. The applicant may request an
extension of the permit expiration date in compliance with Section 21.56.030.C
(Extensions of time).
Further, upon issuance of a Building Permit, construction of the Approved Project shall
commence no later than two and one-half years from the effective date of the Planning
Commission approval pursuant to Gov. Code § 65589(o).
3. Final Map: One (1) "final map” as authorized by this Approval may be recorded.
4. Street Names: The tract map shall indicate the street name(s) authorized by the
Community Development Director.
5. Minor Revisions: Minor revisions to the Approved Project Plans, not otherwise subject
to an Administrative Housing Development Project Permit as specified by CMC Sec.
21.07.040.(a).2, may be ministerially approved by the Community Development
Director pursuant to CMC Sec. 21.56.060 (Amendments to an approved project).
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6. No Phasing: The Approval granted herein does not include more than one phase, as
otherwise allowed for by CMC Sec. 21.56.030.3. (Phasing). Therefore, only one Tract
Map for the entirety of the approved subdivision may be recorded.
7. Developer Affordable Housing Agreement: Three (3) units within the Approved Project
shall be subject to the City of Campbell Inclusionary Housing Ordinance (15% of the
total 20 units) and shall be sold at a cost below-market-rate (BMR). Specifically, in
compliance with CMC Sec. 21.24.040 (General requirements.), of these three (3) units,
two (2) units (40%, rounded up) shall be restricted to Low-Income households and one
(1) unit to a Moderate-Income household (60%, rounded down), as more specifically
identified in Exhibit B (Affordable Housing Plan).
The two (2) Low-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 Low-Income households (or to a greater degree
of affordability), pursuant to Gov. Code § 65915(b)(1)(A).
The property owner shall enter into a combined Inclusionary Housing and Density
Bonus Affordable Housing Agreement ("Affordable Housing Agreement") with the City
in compliance with CMC Chapter 21.24 (Inclusionary Housing Ordinance) and CMC
Chapter 21.20 (Density Bonuses and Other Housing Incentives). The Affordable
Housing Agreement shall restrict the two (2) "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)(A). The
remaining one (1) Moderate unit shall be restricted for a period of forty-five (45) years
in compliance with CMC Sec. 21.24.060. In addition, the Affordable Housing
Agreement shall stipulate the following:
a. An Equity Sharing Agreement, Covent, and/or other similar document, to the
satisfaction of the Community Development Director, shall be required for each
of the BMR units and shall remain in effect for the time periods specified, above,
from the date that a Certificate of Occupancy is granted, and shall also require
homeowner participation in the Annual Certification process conducted by the
City through its Housing Administrator.
b. The residents of the BMR units shall have the same access to project amenities
and recreational facilities as market-rate units.
c. All BMR units shall be comparable to the design of the market-rate units in terms
of appearance, materials, and finished quality of the market-rate units. There
shall not be significant identifiable differences between the BMR units and
market-rate units which are visible from the exterior of the dwelling units.
d. If air conditioning systems are provided for the market-rate units, all BMR units
shall also be provided with air conditioning systems.
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.
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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 A & B are
reserved for open space and are not developable lots." It is the intent of the Planning
Commission in approving the Tentative Vesting Subdivision Map that these parcels
remain reserved in perpetuity as open space for the housing development project.
However, this restriction shall not be construed as to prevent construction of additional
recreational facilities upon these lots as may be approved by the City in the future, nor
shall imply in any manner these lots constitutes publicly accessible open space.
9. Timing of Tree Removal: On-site tree(s) shall be removed only in conjunction with
demolition of existing on-site structures upon issuance of a Demolition Permit.
10. Water Efficient Landscape Standards: This project is subject to the updated California
Model Water Efficient Landscape Ordinance (MWELO). The building permit application
for grading and on-site improvements shall demonstrate compliance with the
applicable MWELO and landscaping requirements and shall include the following.
a. A Landscape Documentation Package prepared by an authorized and licensed
professional demonstrating compliance with the full MWELO requirements with
the following required elements:
1) Project Information per Section 492.3.
2) Water Efficient Landscape Worksheet per Section 492.4 (Appendix B of
the MWELO), include within the construction plans and as a separate
PDF document.
3) Soil Management Report per Section 492.5 (unless significant mass
grading is planned, in which case the report shall be submitted prior to
permit final).
4) Landscape Design Plan per Section 492.6.
5) Irrigation Design Plan per Section 492.7.
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.
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11. Landscape Maintenance: Once installed, all landscaping shall be maintained in
compliance with Campbell Municipal Code Section 21.26.040 (Landscaping
Maintenance Requirements) and Section 21.16.110.C.2 (Landscape Maintenance).
Dead or unhealthy plants shall be replaced with healthy plants of the same or similar
type.
12. Fences/Walls: All newly proposed fencing and/or walls shall comply with CMC Section
21.18.060.
13. On-Site Lighting: Construction plans submitted for a building permit shall include
lighting fixture specifications demonstrating compliance with MFDDS § 4.030.3
(Required Lighting).
14. Bird Safety: Bird safety treatment is required in compliance with MFDDS § 7.080 (Bird
Safety).
15. 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.
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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 to prohibit vehicle washing, and vehicle repair and maintenance
activities in the project site, including, but not limited to garages and common
parking areas.
m. Provision to reference the project's affordability restrictions and the HOA as the
successors in interest.
16. 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 found during construction, ensure that human remains are treated with
sensitivity and dignity, and ensure compliance with the provisions of California
Health and Safety Code Section 7050.5 and California Public Resources Code
Section 5097.98.
b. Work with Native American representatives to identify and appropriately
address, through avoidance or mitigation, impacts to Native American cultural
resources and sacred sites during the development review process.
c. 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.
d. 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.
17. Construction Management Plan: As required by General Plan Action N-1.11, prior to
issuance of a building permit the applicant shall submit a construction management
plan that defines best management practices consistent with Condition of Approval No.
18 (Environmental Commitments) to reduce construction noise and shall include
proposed truck routes for review and approval by the City Engineer.
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18. Environmental Commitments: As included in Exhibit B of Attachment C of the PC staff
report, of November 26, 2024 (Environment Commitments Letter) of the November 26,
2024 Planning Commission Staff Report, the following environmental requirements
shall apply to the construction of the project:
a. Air Quality Compliance and Mitigation Measures:
1) Project Alignment with 2017 Clean Air Plan (CAP):
i. AQ Mitigation Measure-1: Trackout control will be implemented as
per best practices BP6 and BP7 outlined in Table A-5 of the report.
2) Minimizing Net Increases of Criteria Air Pollutants:
i. The project’s dust and exhaust emissions will be mitigated using
Basic Practices and Construction Best Practices (BP) A1-A8 from
Table 4 in Exhibit B of Attachment C of the PC staff report, of
November 26, 2024.
3) Protection of Sensitive Receptors:
i. Mitigation for dust and diesel particulate matter (DPM) will be
enacted due to proximity to sensitive residential receptors (within
25 feet). Specific measures include:
1. AQ Mitigation Measure-2: Basic Practices in Table 4 will
minimize fugitive dust and equipment idling emissions.
2. AQ Mitigation Measure-3: To reduce dust and DPM
emissions, all on-site activities will follow Basic Practices
aimed at limiting dust and exhaust emissions.
3. AQ Mitigation Measure-4: Downwind DPM will be reduced
to 15% of uncontrolled concentrations by using Tier 4
equipment or retrofitted Tier 2/3 equipment with Level 3
Verified Diesel Emission Control Strategy (VDECS).
4. AQ Mitigation Measure-5: Diesel engine use will be
restricted to instances where alternative power is
unavailable.
5. AQ Mitigation Measure-6: Equipment idling will be limited
to two minutes.
6. AQ Mitigation Measure-7: All construction equipment will
be properly maintained as per manufacturer guidelines to
minimize emissions.
4) Odor Control During Construction:
Exhibit A – Conditions of Approval Page 7 of 15
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90 E. Latimer Ave
i. Malodors from equipment exhaust and paving operations will be
managed by minimizing hot asphalt use and employing basic dust
control practices, as the nearest residences may otherwise be
impacted.
b. GHG Emission Minimization:
1) As there are no set thresholds for construction-related GHG emissions,
the project will incorporate recommended Best Management Practices
(BMPs) from BAAQMD Table 6-1 in Exhibit C of Attachment C of the
PC staff report, of November 26, 2024to limit GHG impacts including
the following:
i. Limiting Equipment Idling: Clear signage will be posted at the
site entrance to enforce minimal idling times.
ii. Diesel Equipment Limits: Off-road diesel-powered equipment will
not remain operational for over 10 hours per day.
iii. Equipment Maintenance: All equipment will adhere to
manufacturer maintenance requirements.
iv. Use of EPA Tier 4 Engines: As a condition of contract, all diesel
equipment will comply with EPA Tier 4 standards.
v. Energy Efficiency Practices: Energy use in construction offices
will be minimized by using LED lighting, daily power shutdowns,
and efficient heating/cooling units.
vi. Site Preparation Efficiency: Existing structures will be
deconstructed as feasible to conserve energy and reduce GHG
emissions.
c. Control of Excessive Noise Levels:
To minimize potential for noise nuisance and the chance of neighbor
complaints, the following mitigation measures will be implemented:
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) Post signs at the construction site, which provide the permitted
construction days and hours, a day and evening contact number for the
Exhibit A – Conditions of Approval Page 8 of 15
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90 E. Latimer Ave
job site and a day and evening contact number for the City in the event
of problems.
3) Notify the City and neighbors in advance of the schedule for each major
phase of construction and expected loud activities or impulsive noise
activities (e.g., nail guns during framing).
4) When feasible, select “quiet” construction methods and equipment.
Examples include: 1) using electrical service rather than portable power
generators and 2) using rollers rather than vibratory compactors.
5) Locate noisy stationary equipment (e.g., compressors) and material
unloading and staging areas away from the nearest adjacent
residences.
6) Require that all construction equipment (e.g., excavators, backhoes) be
in good working order and that mufflers are installed and functioning
properly. Avoid unnecessary idling of diesel engines.
7) Designate a Construction Noise Coordinator. The designated
Construction Noise Coordinator would be responsible for posting the
required signs, explaining the construction timeline, responding to
potential complaints from neighbors, and managing noise through
appropriate work practices or other measures.
8) 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.
d. Vibration Minimization:
Vibration generated during construction earthwork could affect neighbors as
vibration-generating construction activity potentially could be located close to
adjoining residential house. Avoiding the use of jackhammers for demolition of
concrete and loading concrete for processing off-site. Additionally, “good
neighbor” measures should be implemented.
1) Notify the City and neighbors in advance of the schedule for demolition.
2) In place of jackhammering or hoe packs, break up concrete by toppling,
undermining, fracturing. Transport off site for processing—no on-site
processing.
3) In place of vibratory compaction, the geotechnical engineer should be
consulted to determine of roller compaction can be substituted.
Building Division
Exhibit A – Conditions of Approval Page 9 of 15
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90 E. Latimer Ave
19. 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.
20. 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.
21. 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.
22. 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).
23. Conditions of Approval: The Conditions of Approval shall be stated in full on the building
permit plan set submitted for the building permit.
24. Construction Fencing: The property shall be properly enclosed with construction fencing
to prevent unauthorized access to the site during construction. The construction site shall
be secured to prevent vandalism and/or theft during hours when no work is being done.
25. Construction Hours/Fines/Stop Work Notice(s): Failure to comply with permitted working
hours that result in verified complaints may result in the issuance of a Stop Work Notice
issued to the project with cessation of work for a minimum of seven (7) days from the
date of issuance and an Administrative fine of up to $1,000.00.
26. Timely Completion: Once under construction it shall be the obligation of the property
owner and contractor to demonstrate continued progress on the project. In the event
the building permit expires, the City may impose fines or exercise administrative
remedies to compel timely completion of work.
27. Construction Activities: The applicant shall abide by the following requirements during
construction:
a. The project site shall be posted with the name and contact number of the lead
contractor in a location visible from the public street prior to the issuance of
building permits.
b. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00
p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take
place on Sundays or holidays unless an exception is granted by the Building
Official.
Exhibit A – Conditions of Approval Page 10 of 15
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90 E. Latimer Ave
c. All construction equipment with internal combustion engines used on the project
site shall be properly muffled and maintained in good working condition.
d. Unnecessary idling of internal combustion engines shall be strictly prohibited.
e. All stationary noise-generating construction equipment, such as air
compressors and portable power generators, shall be located as far as possible
from noise-sensitive receptors such as existing residences and businesses.
LAND DEVELOPMENT ENGINEERING
28. 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
29. Tract (Final) Map: Prior to issuance of any grading or building permits for the project,
the applicant shall submit a Tract Map for recordation upon approval by the City,
pay various fees/deposits and submit the map in a digital format acceptable to the
City.
30. 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.
31. 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.
32. 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.
Exhibit A – Conditions of Approval Page 11 of 15
PLN-2024-92 – Minor HDP and Vesting T-Map
90 E. Latimer Ave
33. 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 twenty (20) new
dwelling units based on the Multi- family rate of $21,460 per unit - the fee in effect at
the time the project filed its SB-330 pre- application. The fee shall be due to prior to
recordation of the Tract Map.
34. Demolition: Prior to recordation of the Tract Map the applicant shall obtain a
demolition permit and remove any nonconforming structures.
35. Soils Report: Upon submittal of the Tract Map, applicant shall provide a soils report
prepared by a registered geotechnical or civil engineer.
36. 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.
37. 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.
Upon submission of the Tentative Map, 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 issuance of any grading or building permits:
a. The applicant’s designer or engineer shall submit the required certification
indicating that sizing, selection, and design of treatment BMP’s for the project
site has been completed to meet the requirements of the City of Campbell’s
NPDES permit.
b. The applicant shall sign the “Covenants for the Operation and Maintenance
of Stormwater Facilities” and submit a Stormwater Management Plan.
Exhibit A – Conditions of Approval Page 12 of 15
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90 E. Latimer Ave
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:
1. The stormwater management facilities were constructed in
compliance with the approved plans.
2. The as-built drawings show all pertinent constructed dimensions,
elevations, shapes, and materials.
3. All variations in construction from the approved design plan
have been identified, including omissions to and additions from
the approved plan.
4. Any changes are in conformance with local, state, or federal
regulations.
38. Maintenance of Stormwater Facilities: Owner(s), current and future, are required to
maintain the stormwater treatment facilities proposed in the public right of way. A
Maintenance Agreement will be included in the Stormwater Covenants referenced
above.
39. Tree Removal: To accommodate the required street improvements one (1) Pear tree
will be removed as part of this project. One (1) 24-inch box “October Glory” Maple
tree will be installed to replace the tree removed.
40. 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.
41. 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.
42. 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.
43. 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
Exhibit A – Conditions of Approval Page 13 of 15
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90 E. Latimer Ave
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.
44. Street Improvement Agreements / Plans / Encroachment Permit / Fees / Deposits:
Prior to issuance of any building permits, or recordation of the Tract Map, whichever
comes first, the applicant shall execute a street improvement agreement, cause
plans for public street improvements to be prepared by a registered civil engineer,
pay various fees and deposits, post security and provide insurance necessary to
obtain an encroachment permit for construction of the standard public street
improvements, as required by the City Engineer. The plans shall include the
following, unless otherwise approved by the City Engineer:
a. Show location of all existing utilities within the new and existing public right of
way.
b. Relocation of all existing utilities including utility boxes, covers, poles, etc.
outside of sidewalk area. No utility boxes, covers, etc. will be allowed in the
sidewalk area.
c. Removal of existing driveway approach and necessary sidewalk, curb and
gutter.
d. Installation of 24-inch box “October Glory” Maple street tree per City standard
details.
e. Installation of City standard curb, gutter, sidewalk and ADA compliant
driveway approach. 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 stormwater treatment facilities needed to comply with MRP 3.0.
g. Installation of asphalt concrete overlay per street pavement restoration plan
for utility installation and/or abandonment, as required by the City Engineer.
h. Replace existing streetlight pole along project frontage with new pole, fixture,
foundation, pad, pullbox, 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.
45. Street Improvements Completed for Occupancy and Building Permit Final: Prior to
allowing occupancy and/or final building permit signoff for any and/or all buildings,
the applicant shall have the required street improvements and pavement restoration
installed and accepted by the City, and the design engineer shall submit as-built
Exhibit A – Conditions of Approval Page 14 of 15
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90 E. Latimer Ave
drawings to the City.
46. Maintenance of Landscaping: Owner(s), current and future, are required to maintain
the landscaped park strip 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.
47. 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.
48. 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.
FIRE DEPARTMENT
49. Fire Apparatus Access Roadway Required: Provide an access roadways.
Installations shall conform to Fire Department Standard Details and Specifications
sheet A-1. CFC Sec. 503. -20 foot roadway shall remain unobstructed and
maintained. Details shown on sheet TM6.
50. Required Fire Flow: The fire flow for this project is 3,000 GPM at 20 psi residual
pressure. Since an automatic fire sprinkler system will be installed, the fire flow will
be reduced by 25%, establishing a required adjusted fire flow of 1,750 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. -Two flow letter received. Hydrants
are capable of meeting fire flow.
51. Fire Apparatus Turnaround Required: Provide an approved fire department engine
turnaround. Maximum grade in any direction shall be a maximum of 5%. Installations
shall conform with 2022 CA Fire Code Appendix D as amended by SCCFD [CFC Sec.
503]. -Turnaround C shown on sheet TM6.
52. Ground Ladder Access: Ground-ladder rescue from second and third floor egress
windows shall be made possible for fire department operations. With the climbing
angle of seventy five degrees maintained, an approximate walkway width along the
side of the building shall be no less than seven feet clear. Landscaping shall not be
allowed to interfere with the required access. CFC Sec. 503 and 1029 NFPA 1932
Sec. 5.1.8 through 5.1.9.2. -Ground ladder access shown on sheet A0.6.3
53. 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. -Shown on sheet TM6.
Exhibit A – Conditions of Approval Page 15 of 15
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90 E. Latimer Ave
54. Fire Sprinklers Required: Approved automatic sprinkler systems in new and existing
buildings and structures. -Sprinklers noted on sheet A0.1.
55. 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. 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. 8. 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.
56. 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].
Reso No 4726 - 90 E Latimer Ave
Final Audit Report 2025-01-29
Created:2025-01-29
By:Ken Ramirez (kenr@campbellca.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAymNWigS-KZRN6jOpnGA7kxonrknuw9re
"Reso No 4726 - 90 E Latimer Ave" History
Document created by Ken Ramirez (kenr@campbellca.gov)
2025-01-29 - 10:33:51 PM GMT
Document emailed to Alan Zisser (alanzisser@gmail.com) for signature
2025-01-29 - 10:33:57 PM GMT
Document emailed to Rob Eastwood (robe@campbellca.gov) for signature
2025-01-29 - 10:33:57 PM GMT
Email viewed by Rob Eastwood (robe@campbellca.gov)
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Document e-signed by Rob Eastwood (robe@campbellca.gov)
Signature Date: 2025-01-29 - 10:44:49 PM GMT - Time Source: server
Email viewed by Alan Zisser (alanzisser@gmail.com)
2025-01-29 - 11:45:25 PM GMT
Document e-signed by Alan Zisser (alanzisser@gmail.com)
Signature Date: 2025-01-29 - 11:46:07 PM GMT - Time Source: server
Agreement completed.
2025-01-29 - 11:46:07 PM GMT