Union Ave, 523 - Union Villas a/ iI
**This document was electronically submitted
to Santa Clara County for recording**
25770175
Recording Requested by Regina Alcomendras
First American Title Company Santa Clara County-Clerk-Recorder
02/26/2025 09:39 AM
Titles:2 Pages:45
RECORDING REQUESTED BY I Fees:$0.00
AND WHEN RECORDED MAIL TO: - Tax: $0.00
•
$0.00
City of Campbell Total: r �_ �,,_ E \1 nJ", .,
c/o Community Development
70 N.First Street
Campbell,CA 95008-1436 i
I MAMIAR 'k r 2025
EXEMPT FROM RECORDING FEES PER
GOVERNMENT CODE§27383 � 1►a r�� 'F E r� ,���
Space above this line for Recoricr1a ��' b 1�j 0 p bG
APN: 412-30-045
• AFFORDABLE HOUSING DENSITY BONUS AGREEMENT
AND DECLARATION OF RESTRICTIVE COVENANTS
(City of Campbell Density Bonus Program Below Market-Rate Units)
(Union Villas)
This Affordable Housing Density Bonus Agreement and Declaration of
Restrictive Covenants(this"Agreement")is entered into effective as of January 30,
2025 (the"Effective Date")by and among the City of Campbell,a California municipal
corporation("City"),Union Town Partners LLC a(state of)limited liability company
("Developer"),and HouseKeys Inc.,a California corporation("Administrator"). City,
Developer,and Administrator are referred to herein individually as a`Party"and
collectively as the"Parties."
•
RECITALS
The following recitals are an integral part of this Agreement and are binding on
the Parties.Capitalized terms used in these Recitals and elsewhere in this Agreement
shall have the meanings ascribed to such terms as set forth in Section 2 below.
A. Developer is the owner of the real property located in the City of
Campbell,Santa Clara County,California consisting of approximately.25 acre,located at
523 Union Ave Campbell,CA 95008,known as Santa Clara County Assessor's Parcel
No.412-30-045 and,and more particularly described in Exhibit A attached hereto(the
`Property").
B. Developer intends to construct a 7-unit residential development(the
"Project")on the Property in accordance with the Conditions of Approval issued by City
related to development of the Property and the Project.
1
Recording Requested by
First American Title Company
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Campbell
do Community Development
70 N. First Street
Campbell, CA 95008-1436
EXEMPT FROM RECORDING FEES PER
GOVERNMENT CODE§27383
Space above this line for Recorder's use.
APN: 412-30-045
AFFORDABLE HOUSING DENSITY BONUS AGREEMENT
AND DECLARATION OF RESTRICTIVE COVENANTS
(City of Campbell Density Bonus Program Below Market-Rate Units)
(Union Villas)
This Affordable Housing Density Bonus Agreement and Declaration of
Restrictive Covenants (this"Agreement") is entered into effective as of January 30,
2025 (the"Effective Date")by and among the City of Campbell, a California municipal
corporation("City"),Union Town Partners LLC a(state of) limited liability company
("Developer"), and HouseKeys Inc., a California corporation("Administrator"). City,
Developer, and Administrator are referred to herein individually as a"Party"and
collectively as the"Parties."
RECITALS
The following recitals are an integral part of this Agreement and are binding on
the Parties. Capitalized terms used in these Recitals and elsewhere in this Agreement
shall have the meanings ascribed to such terms as set forth in Section 2 below.
A. Developer is the owner of the real property located in the City of
Campbell, Santa Clara County,California consisting of approximately .25 acre, located at
523 Union Ave Campbell, CA 95008,known as Santa Clara County Assessor's Parcel
No.412-30-045 and,and more particularly described in Exhibit A attached hereto(the
"Property").
B. Developer intends to construct a 7-unit residential development(the
"Project") on the Property in accordance with the Conditions of Approval issued by City
related to development of the Property and the Project.
1
C. Developer submitted an application for a density bonus for the Project,
which included a plan setting forth the number and location of all target units qualifying
the project for a density bonus,level of affordability of the target units,and identification
of the bonus units("Affordable Housing Plan"). On August 9,2022,the Site and
Architectural Review Committee considered Developer's application for a density bonus
and certain incentives and concessions for the Project pursuant to State Density Bonus
Law and Density Bonus Ordinance,and recommended that the Planning Commission
approve the Affordable Housing Plan and the granting of a density bonus and certain
incentives and concessions for the Project.
D. On September 13,2022,the Planning Commission considered the Site and
Architectural Review Committee's recommendation and the density bonus and incentives
and concessions as requested by Developer, and pursuant to Planning Commission
Resolution No. 4655 approved the grant of a density bonus and-incentives
and concessions for the Project conditioned,among other things,upon the execution and
recordation of this Agreement,and more particularly described in Exhibit E attached
hereto.
E. Pursuant to State Density Bonus Law and the Density Bonus Ordinance,
Developer is required to enter into and record this Agreement against the Property for the
benefit of City.
F. As more particularly set forth herein,to comply with the Density Bonus
Ordinance and the Affordable Housing Plan,Developer has agreedto sell one Cl-�-
residential units in the Project to Eligible Purchasers at Affordable Sales Price.
G. This Agreement is intended to satisfy the requirements of the City's
Density Bonus Ordinance, State Density Bonus Law,and to regulate and restrict the
Project's Restricted Units for sale to Eligible Purchasers at Affordable Sales Prices. The
Parties intend the covenants set forth in this-Agreement to run-with the land and to be
binding upon Developer and Developer's successors and assigns.
H. As more particularly specified herein,the City has delegated responsibility
for administering and monitoring compliance with the requirements of this Agreement to
the Administrator pursuant to the Administrative Services Agreement.
NOW THEREFORE,for good and valuable consideration,the receipt and
sufficiency of which are hereby acknowledged,the Parties agree as follows:
1. Recitals Incorporated;Acknowledgement.The Recitals set forth above are hereby
incorporated into-this Agreement. Developer acknowledges and agrees that the-City has
granted incentives and concessions for the Project, including a concession to eliminate
the frontage utility undergrounding requirement;and use of the maximum vehicular
parking ratio,and that therefore,the City has authority-to impose sales price restrictions,
rent restrictions, and income eligibility requirements on the Project pursuant to State
Density Bonus Law and the Density Bonus Ordinance.
2
2. Definitions. The following terms shall have the meanings set forth below
whenever used in this Agreement or the Exhibits hereto,unless the context clearly
indicates otherwise.
"Actual Household Size" means the actual number of persons in the applicable
household.
"Administrative Services Agreement"means that certain consultant agreement,
dated June 30;2023, and executed by and between City and Administrator; as such
agreement may be amended or replaced from time to time.
"Administrator"means HouseKeys Inc.,a California corporation, and any other
person or entity to which City delegates the responsibilities of the Administrator under _
this Agreement.
"Affordable Housing Cost"means a monthly obligation to pay mortgage
payments (principal and interest),property taxes,property insurance,mortgage insurance,.
utilities, and homeowners' association dues(if applicable) in an aggregate amount not
greater than the following: (a)for units that are restricted for sale to Very Low-Income
Households—one-twelfth(1/12) of thirty percent(30%)Of fifty. percent(50%)of Area
Median Income,adjusted for Household Size Appropriate for the Unit, (b)for units that are
restricted for sale to Low-Income Households—one-twelfth(1/12)of thirty percent(30%)
of seventy percent(70%) of Area Median Income,adjusted for Household Size
Appropriate for the Unit, and(c)for units that are restricted for sale to Moderate-Income
Households-one-twelfth(1/12) of thirty-five percent(35%)of one hundred ten percent
(110%)of Area Median Income,adjusted for Household Size Appropriate for the Unit.
"Afffordable Housing Plan"is defined in Recital C.
"Affordable Sales Price"means the maximum sales price for a Restricted Unit
as determined by the City pursuant to Section 10.F,below and Exhibit C that will result
iri an Affordable Housing Cost.for the homebuyer, consistent with the,requirements of the
Density Bonus Ordinance and State Density Bonus Law.
"Area Median Income" or"AMI" means the median annual income for Santa
Clara County, California,adjusted for Actual Household Size, as determined by the U.S.
Department of Housing and Urban Development pursuant to Section 8 of the United.
States Housing Act of 1937 and as published from time to time by the State of California
Department of Housing and Community Development in Section 6932 of Title 25 of the
California Code of Regulations or successor provision published pursuant to California
Health and Safety Code Section 50093(c).
"Business Days" excludes Saturdays;Sundays;and State and federal holidays on
which City of Campbell offices are closed. Any reference in this Agreement to a
number of "days"means calendar days unless"Business Days"is specified.
3
"City"means the City of Campbell, California.
"City's Authorized Representative"means the City Manager of the City of
Campbell
"City Council"means the City Council of the City of Campbell.
"Claims"is defined in Section 14.
"Conditions of Approval"means the terms and conditions of all approvals,
entitlements and permits that the City has granted or issued as of the date hereof or may
hereafter grant or issue in connection with development of the Project, including without
limitation, all mitigation measures imposed in connection with environmental review of
the Project and all conditions of approval imposed in connection with any entitlements,
approvals or permits.
"Density Bonus Ordinance"means Chapter 21.20 of the City of Campbell
Municipal Code.
"Effective Date"is the date set forth in the preamble to this Agreement.
"Excess Proceeds Note"means the Secured Promissory Note that each purchaser
of a Restricted Unit will be required to execute for the benefit of City at the closing for
the purchase of the Restricted Unit.. The Excess Proceeds Note shall be in a form
approved by City and provided by the Administrator.
"Developer"is defined in the preamble to this Agreement. Each reference
herein to the"Developer"shall mean the Developer and the Developer's successors and
assigns.
"Eligible Purchaser"means a person or household whose annual household
Gross Income does not exceed the qualifying limit for Very Low-Income Households,
Low-Income Households;or Moderate-Income Households,as applicable,and who
demonstrates to the reasonable satisfaction of the Administrator that he or she:
(i) Is a First-Time Homebuyer as defined in 24 CFR 92.2;
(ii) Will provide personal funds(cannot be financed)in the amount of
at least three percent(3%) of the purchase price of the Restricted
Unit;
(iii) Will qualify for and obtain a mortgage loan to finance acquisition
of the Restricted Unit in a maximum amount equal to ninety-seven
percent(97%) of the purchase price plus closing costs;
4
(iv) Will, after purchase of a Restricted Unit,have a monthly housing
cost(principal, interest,taxes, insurance,utilities,and homeowner
association fees)that does not exceed Affordable Housing Cost;
(v) Will, after purchase of a Restricted Unit,have a total debt
((housing cost(principal,interest,taxes,insurance,utilities,and
homeowner association fees)and all other monthly debt service
payments))that does not exceed forty-five percent(45%)of his or
her monthly household Gross Income;
(vi) In the acquisition of a Restricted Unit, agrees to use a lender from
the approved lender list maintained by the Administrator;and
(vii) Has provided verification satisfactory to the Administrator of
income and job history.
"Gross Income" shall have the meaning set forth in Section 6914 of Title 25 of
the California Code of Regulations as such Section may be revised from time to time,and
shall mean the combined Gross Income of all adult persons in the applicable household.
"Homebuyer Documents"is defined in Section 4.
"Household Size Appropriate for the Unit"means the number of bedrooms in a
dwelling unit plus one,consistent with Section 50052.5(h)of the California Health and
Safety Code, subject to the application of federal rules and regulations applicable to
Project financing sources(if any).
"Inclusionary Housing Ordinance"means Chapter 21.24 of the City of
Campbell Municipal Code.
"Indemnitees"is defined in Section 14.
"Low-Income Household"means a household whose Gross Income upon initial
occupancy does not exceed eighty percent(80%)of Area Median Income,Adjusted for
Actual Household Size.
"Map"means the fmal Subdivision Map for the Property entitled Tract No.
10606, located at 523 Union Ave Campbell,CA 95008 which will be recorded in the
Official Records.A tentative map for the Property was recorded on December 12th 2023,
as Document Number 25574141, in the Official Records.
"Moderate-Income Household"means a household whose annual household
Gross Income upon initial occupancy does ndt exceed one hundred twenty percent
(120%)of AMI,adjusted for Actual Household Size.
"Official Records"means the Official Records of the Santa Clara County
Recorder.
5
"Official Records"means the Official Records of the Santa Clara County
Recorder. -
"Performance Deed of Trust"means the Performance Deed of Trust,
Assignment of Rents,and Security Agreement that each purchaser of a Restricted Unit
will be required,to execute for the benefit of City to secure the homebuyer obligations
under the Resale Restriction Agreement and the Excess Proceeds Note. The Performance
Deed of Trust will be in a form approved by City and provided by the Administrator,and
will be recorded in the Official Records at the closing for the sale of each Restricted Unit.
"Planning Commission"means the Planning Commission of the City of
Campbell.
"Program Fee Schedule" means the fee schedule included in the Program
Guidelines that lists fees payable to City on resale,refinancing, and Transfer of the
Property.
"Program Guidelines" means the City's guidelines for administration of its
affordable housing programs as such guidelines may be amended and approved from time
to time by the City Council. Among other'provisions,the Program Guidelines set forth
the City's schedule of fees and approved list of lenders, appraisers,escrow officers,loan
officers,and home inspectors.
"Project" is defined in Recital B.
"Property"is defined in Recital A.
"Resale Restriction Agreement"means the Affordable Housing Resale and
Refinancing Restriction Agreement with Option to Purchase that each purchaser of a
Restricted Unit will be required to execute at the closing for the purchase of the
Restricted Unit. The Resale Restriction Agreement shall be in a form approved and
executed by City and provided by the Administrator, and will be recorded in the Official
Records against the Restricted Unit at the closing for the sale of the Restricted Unit.
"Restricted Units"means the one(1)Moderate-Income residential units to be
constructed within the Project that are required to be sold at Affordable Sales Price to
Eligible Purchasers pursuant to this Agreement.
"Site Plan"means the-site plan for the Project approved by the City Council in
conjunction with its approval of the Project and attached hereto as Exhibit B. The.Site.
Plan depicts the location of the Restricted Units.
"State Density Bonus Law"means California Government Code Section 65915
et seq..
6
"Very Low-Income Household"means a household whose Gross Income upon
initial occupancy does not exceed filly percent(50%o)of Area Median Income,Adjusted
for Actual Household Size.
3. Conditions of Approval: Developer shall construct the Project in accordance with
plans approved by City,and shall satisfy all Conditions of Approval,including without
limitation, all contingencies regarding the issuance of permits,entitlements,and
certificates of occupancy for the Project, and more particularly described in Exhibit E
attached hereto.
4. Restricted Units,Income Categories;Homebuyer Documents. Developer hereby
covenants and agrees for itself and its successors and assigns,that all of the Restricted
Units shall be sold to Eligible Purchasers at Affordable Sales Price in accordance with
this Agreement. The Restricted Units shall consist of one(1)one Moderate-Income, and
shall be restricted for sale at Affordable Sales Prices to Eligible Purchasers of the income
categories shown in the_following table. Upon the sale of each Restricted Unit,the
homebuyer shall be required to execute and deliver an Excess Proceeds Note,a
Performance Deed of Trust,and a Resale Restriction Agreement(collectively,the
"Homebuyer Documents").Among other requirements,the Resale Restriction
Agreement will require the Restricted Unit to be occupied as the homebuyer's principal
residence,and will provide for the City to recapture its initial subsidy and its
proportionate share of appreciation. The Homebuyer Documents shall be in a form
approved by City and provided by the Administrator, and if applicable, shall be
consistent with Fannie Mae or Freddie Mac guidelines and applicable California and
federal regulations. Developer shall have the right to review the Homebuyer Documents
prior to the initial sale of the Restricted Units. Upon the closing of the sale of each
Restricted Unit,the Resale Restriction Agreement and the Performance Deed of Trust
will be recorded in the Official Records against that Restricted Unit.
Very Low-Income Low-Income Moderate-Income Total Units
Unit Size (50%AMI) (80%AMI) (120%AMI)
One Bedroom
Two-Bedroom 1 1
Total Units
5. Phasing;Location;Amenities. The Restricted Units shall be constructed and •
made available for sale to Eligible Purchasers concurrently with or prior to construction
of the Market Rate Units. The Restricted Units are identified in the table below.
# Bldg./Fir # Unit# Plan# Bed. SqFt. Address Unit#
1 1 6 1 2 1330 521 Union Ave
7
Campbell,CA 95008
2
3
4
The City will not issue building permits for the market-rate units in the Project unless
building permits have been issued for the Restricted Units prior to or concurrently with
issuance of building permits for the market-rate units. The Restricted Units shall be
constructed and made available for sale to Eligible Households concurrently with or prior
to construction of the market-rate units in the Project. The City will not approve final
inspections and occupancy permits for the market-rate units unless final inspections and
occupancy permits for the Restricted Units have been approved prior to or concurrently
with the final inspections and occupancy permits for the market-rate units.
The Restricted Units shall not be concentrated in one location within the Project,nor
clustered on one floor or within one area within any particular building comprising the
Project, but instead shall be dispersed throughout the Project, and shall be located as
shown on the Site Plan. The Restricted Units shall be comparable to the market-rate units
in the Project in their appearance,materials,and exterior and interior finishes,appliances,
and fixtures. The Restricted Units must contain dishwashers,refrigerators, garbage
disposals, cooking facilities, and laundry facilities. The City and the Administrator shall
have theright to inspect the Restricted Units to determine whether they have been
constructed in accordance with this Section. Residents of Restricted Units shall have
access to all Project amenities and recreational facilities available to residents of the,
Project's market-rate units.
6. Recordation of Agreement; Term. This Agreement shall be recorded against the
Property in the Official Records promptly following its execution by all Parties, and shall
be recorded as a condition precedent to the recordation of a final subdivision map for the
Property. This Agreement shall remain effective and fully binding regardless of any
sale, assignment,transfer; or conveyance of the Property or the Project or any part thereof
or interest therein, and shall remain in effect until all Restricted Units have been sold at
Affordable Sales Prices to Eligible Purchasers in accordance with the requirements of this
Agreement and a Resale Restriction Agreement and Performance Deed of Trust have
been recorded against all Restricted Units.
7. No Subordination; Mortgagee Protection;Notice and Cure Rights of Mortgagees.
Developer hereby represents,warrants and covenants that with the exception of liens,
encumbrances and interests of record,absent the written consent of City which City may
grant or withhold in the exercise of its sole discretion,this Agreement shall not be
subordinated in priority to any lien(other than those pertaining to taxes or assessments),
encumbrance, or other interest in the Property or the Project Consistent with the
requirements of the State Density Bonus Law,this Agreement will not be subordinated
except with City's express prior written consent.
8
7.1 Mortgagee Protection.No violation of any provision contained herein
shall defeat or render invalid the lien of any mortgage or deed of trust made m good faith
and for value upon all or any portion of the Project or the Property, and the purchaser at
any trustee's sale or foreclosure sale shall not be liable for any violation of any provision
hereof occurring prior to the acquisition of title by such purchaser. Such purchaser shall
be bound by and subject to this Agreement from and after such trustee's sale or
foreclosure sale.
7.2 Permitted Encumbrances;Mortgagee Notice and Cure Rights. Nothing
herein shall prevent or restrict Developer in any way from encumbering the Property by a
mortgage, deed of trust or other security instrument to secure repayment of a loan or
financing of any kind to Developer_Provided that City has been notified in writing of the
address for delivery of such notices, City agrees that it will provide a copy of any notice
of default City delivers to Developer pursuant to this Agreement to the beneficiary under
any mortgage, deed of trust,or security instrument recorded against the Property(each a
"Mortgagee")concurrently with delivery of such notice to Developer. Each Mortgagee
shall have the right,but not the obligation,to cure any default by Developer hereunder
within the same period of time provided to Developer for such cure;provided however,
with respect to any nonmonetary default,the cure period shall be extended for an
additional reasonable time provided that the Mortgagee has acquired Developer's interest
in the Property or has commenced foreclosure or other appropriate proceedings,is
diligently prosecuting the same, and after acquiring possession of the Property, such
Mortgagee diligently prosecutes such cure to completion.
7.3 Assignment. Developer shall not sell,transfer, assign,or otherwise
dispose of the Property or any portion of the Property unless the proposed assignee shall
have executed and delivered to the City an express written agreement, on a form
reasonably acceptable to the City,whereby the proposed assignee assumes all of
Developer's obligations under this Agreement as they relate to such acquired real
property,and the proposed assignee expressly agrees that the Project is and shall continue
to operate in compliance with this Agreement. The foregoing restrictions on sale and
transfer shall not apply to the granting of easements,rights-of-way,and similar
conveyances in connection with the development of the Project which are not in the
nature of a sale of one or more legal parcels.Upon assignment and assumption by a
successor entity, as approved by the City,Developer shall be released from all further
responsibility under the terms of this Agreement as to the subject parcel(s) so conveyed,
provided that Developer is not in-default on-the terms of this Agreement. The successors,
heirs,transferees,and assigns of the Developer shall enter into and execute such other
and further documents as the City shall reasonably require,as from time to time,may be
needed to effectuate the Affordable Housing Plan, or as otherwise required or allowed by
law.
8. Binding on Successors; Covenants Run with the Land. Developer hereby
subjects the Property to the covenants and restrictions set forth in this Agreement The
Parties hereby declare their express intent that the-covenants and restrictions set forth
9
herein shall be deemed covenants running with the land pursuant to California Civil Code
§1468, and subject to the provisions of Section 9 below, shall be binding upon and inure
to the-benefit of the respective heirs;administrators;executors; successors in interest,
transferees,and assigns of Developer and City,regardless of any sale, assignment,
conveyance or transfer of the Property or any part thereof or interest therein. So long as
this Agreement remains of record,any conveyance of the Property shall be conclusively
held to have been delivered and accepted subject to the requirements set forth in this
Agreement;without regard to whether any party to such transaction has actual knowledge
of the restrictions hereof. The burden of this Agreement touches and concerns each of
the Restricted Units,the Project and the Property in that the restrictions set forth herein
may render the owner's interest therein less valuable,and they enhance and increase the
enjoyment and use of the Project,the Property and the Restricted Units by Eligible
Purchasers who will benefit from such covenants and restrictions. Developer agrees for
itself and for its successors that in the event that a court of competent jurisdiction
determines that the covenants herein do not run with the land, such covenants shall be
enforced as equitable servitudes against the Property in favor of City.
9. Reconveyance and Release.
(a) Restricted Units. Concurrently with the sale of each Restricted Unit to an.
Eligible Purchaser and recordation of the Resale Restriction Agreement and the
Performance Deed of Trust,the Parties shall execute and record appropriate instruments
• to release and reconvey this Agreement as to such Restricted Unit. Such instrument shall
be deposited with the escrow holder with instructions to:record it concurrently with the
close of escrow for the sale of the Restricted Unit to the Eligible Purchaser. Upon the
sale of all Restricted Units in compliance with the requirements of this Agreement and
the recordation of a Resale Restriction Agreement and Performance Deed of Trust for all
Restricted Units,this Agreement shall terminate, and Developer shall be released from all
obligations hereunder except those that expressly survive termination. Upon sale of a
Restricted Unit, at the request by.Developer,the Parties shall promptly execute and
record in the Official Records an appropriate instrument memorializing the termination of
this Agreement("Termination Instrument"). Nothing contained herein shall terminate
Developer's obligations if any,with regard to the construction and quality of the
Restricted Units,which obligations shall survive the sale of the Restricted Units and shall
terminate only as provided by law.
(b) Market Rate Units. Upon any request made by Developer in connection
with a pending sale of a market-rate unit, and provided such request is made prior to
recording of a Termination Instrument, the Parties shall promptly execute and deposit
with the escrow holder for such sale an appropriate instrument releasing such market-rate
unit from this Agreement,with instructions to record it concurrently with the close of
escrow for the sale of such market-rate unit.
10.. Sale of Restricted Units. The initial sale of the Restricted Units shall be subject to
the following terms and conditions:
10
A. Eligible Purchasers. The Restricted Units may be sold only to
Eligible Purchasers who qualify as Very Low-Income Households,Low-
Income Households,or Moderate-Income Households,as applicable, as
determined by City and/or Administrator in accordance with this
Agreement and the Program Guidelines and as designated in the table
above. In the event that there are more interested Eligible Purchasers than
theavailable Restricted Units,then the Administrator shall select the
purchaser in a manner consistent with the Program Guidelines and City
policies and procedures in effect at the time of sale. Developer shall have
no responsibility for this determination.
B. Notification. The Developer shall provide notice of availability of
Restricted Units to the Administrator and the City at least 120 days prior'
to the expected date of issuance of the certificate of occupancy for the
Restricted Units. Such notice shall include the location of the Restricted
Units,the size of each unit,and the appliances and cooking and laundry
facilities installed in such unit.
C. Administrator to Screen and Select Buyers and Facilitate Closing. The
Administrator will pre-screen and select the Eligible Purchasers in
accordance with the Program Guidelines,this Agreement,and City's
policies and procedures. The Administrator will assist the Developer.to
facilitate the close of escrow and will be responsible for obtaining Eligible
Purchaser signatures and depositing into escrow all documents required
under the City's Affordable Housing Program, including without
limitation,a Resale Restriction Agreement,an Excess Proceeds Note, and
a Performance Deed of Trust: The Administrator will perform these
functions in coordination with the Developer, and Developer will
compensate Administrator for such services in accordance with Section 13
below,Exhibit D. and the Program Fee Schedule.
D. Marketing Restricted.Units. Administrator shall be solely responsible for
marketing the Restricted Units. Developer shall not.be responsible for.
marketing,and shall not market,the Restricted Units. Furthermore,
Developer's sales personnel shall not communicate with potential buyers
concerning eligibility and/or availability of Restricted Units for sale. All
communication regarding the Restricted Units shall come from the
Administrator or the City. Notwithstanding the foregoing,Developer shall
not be precluded from offering closing cost concessions or other
incentives to Eligible Purchasers_provided that any such offers are
coordinated with the Administrator.
E. Mortgage Lending. Each Eligible Purchaser must work with a mortgage
lender that has been approved by the Administrator,that has provided pre-
approval of the forms of Resale Restriction Agreement,Performance Deed
of Trust,and all other City-required documents associated with the sale of
11
the Restricted Units,and that has been included on the City's approved
lender list for at least sixty (60) days prior to the closing for the sale of a
Restricted Unit. For the purpose of ensuring that risk to the Eligible
Purchaser and the City is minimized,the proposed mortgage financing
terms are subject to approval by the Administrator. Except as approved by
the Administrator,the first mortgage loan shall have a fixed interest rate
and a 30-year term.. Developer shall have no responsibilities with respect
to the selection of lenders or approval of mortgage terms for the Restricted
Units.
F. Sale Price. Sale prices for the Restricted Units shall be the Affordable
Sales Price for Eligible Purchasers of the applicable income category and
with a household of the household Size Appropriate for the Unit. The
Affordable Sales Price shall be determined by the City in accordance with
this Agreement. The Affordable Sales Price in effect as of the Effective
Date is stated in Exhibit C. The Affordable Sales Price may increase to
reflect annual adjustments to the Area Median Income and changes in
prevailing mortgage interest rates.
G. Purchase and Sale Agreement. The-purchase and sale agreement to be
used for the sale of each Restricted Unit by Developer to the Eligible
Purchaser shall be in the form approved for the Project by the California
Department of Real Estate,or by the Administrator, as applicable. The
purchase and sale agreement shall provide that all conditions to closing.
shall be satisfied and the close.of escrow shall occur by.not later than the
ninetieth(90th)day(or the first business day thereafter, if the ninetieth
(90th) day is a Saturday, Sunday, or holiday) after execution of the
purchase and sale agreement; and shall provide that Developer shall have
the right to terminate the agreement if closing does not occur on or before
such deadline unless the parties mutually agree in writing to an extension
• of the closing date.Upon termination of the purchase and sale agreement,
the Administrator shall promptly identify the next priority.Eligible
Purchaser.
H. Closing Documents. The Administrator will provide escrow instructions
on behalf of City regarding recordation of the Resale Restriction
Agreement and Performance Deed of Trust. Within five(5)business days
following closing for the sale of any Restricted Unit, Developer shall
forward to the Administrator copies of the buyer's and seller's settlement
statements and all closing documents executed in connection with the sale.
Developer shall retain all records related to the sale of the Restricted Units
and compliance with obligations under this Agreement for a period not
less than two(2)years from the date of sale of each Restricted Unit,and
upon five(5)business days'written notice, shall make them available to
employees or other designees of City and/or Administrator for the purpose
of inspection and copying.
12
11. Duties of Administrator.Administrator shall carry out its responsibilities in
connection with the marketing and sale of the Restricted Units and the selection of
Eligible Purchasers in accordance with the terms and conditions of the Agreement and
the Administrative Services Agreement. Pursuant to the Administrative Services
Agreement and this Agreement,the Administrator shall perform the following services,
among others:
A. Conduct ongoing homebuyer education training programs,including
preparation of program materials;
B. Screen and select and qualify buyers in accordance with this Agreement and
the Program Guidelines;
C. Assist in arranging mortgage financing for purchase of the Restricted Units;
D. Administer programs for monitoring compliance.with terms and conditions
of Restricted Unit sales;
E. Administer City requirements concerning the future resale of the Restricted
Units,including, if applicable,exercise of the City's option to buy the
Restricted Units,and assist in resale of Restricted Units to Eligible
Purchasers;and
V. Comply with all other responsibilities of the Administrator under this
Agreement and the Administrative Services Agreement.
•
12. City Rights Regarding Administrator.Developer acknowledges that nothing
contained in this Agreement shall effect the respective rights of the City and
Administrator under the Administrative Services Agreement. If the Administrator
resigns or the Administrative Services Agreement is terminated, City shall have the right
to appoint a successor to carry out the Administrator's responsibilities under this
Agreement, or City may elect to undertake these responsibilities itself. .Upon any
resignation or termination,Administrator shall act with due diligence and in good faith to
turn over to.City or to such party as City may designate in writing all records related to
the Project and the Restricted Units, and shall brief City and such designee on the status
of all Restricted Units. In connection with the sale of the Restricted Units,Developer
agrees to cooperate with City,Administrator,and any successor City designates to fulfill
the role of Administrator hereunder.
13. Administrator's Compensation and Expenses. Developer shall compensate the
Administrator for its activities pursuant to this Agreement in accordance with the
schedule of compensation specified in the Program Fee Schedule and Exhibit D attached
hereto. Administrator is a consultant hired by the City,and shall not be deemed to be a
consultant, contractor, agent, or employee of Developer.
14. Hold Harmless and Indemnification. To the greatest extent permitted by law,
13
Developer.will indemnify, defend(with counsel reasonably approved by City)and hold
harmless City and Administrator and their respective elected and appointed officials,
officers,employees,agents, consultants, contractors, and board members(all of the
foregoing, collectively the"Indemnitees")from and against all liability, loss; cost,
expense(including without limitation reasonable attorneys' fees and costs of litigation,
but excluding punitive damages), claim, demand, action, suit,judicial or administrative
proceeding,penalty,deficiency,fine, order; and damage(all of the foregoing collectively
"Claims") arising directly or indirectly, in whole or in part,as a result of or in connection
with or relating in any manner to the Property,the Project,the Restricted Units, or
Developer's performance or non-performance under this Agreement, except to the extent
arising from the sole negligence or willful misconduct of the Indemnitees. The foregoing
indemnity provision is intended to fully allocate the parties' risk of liability to third-
parties; and there shall be no rights to indemnity or contribution, in law or equity or
otherwise between the parties that are not set forth in this section. Developer waives all
rights to subrogation for any matters covered by this provision.The provisions of this
Section shall survive the expiration or other termination of this Agreement and the
release of part or all of the Property from the burdens of this Agreement for the full
period of time allowed by law. .
15. Administrator Disclosure and Indemnity. Administrator discloses that
Administrator does not hold a real estate license issued by the California Department of
Real Estate,and warrants to Developer and City that it shall not undertake any activities
for which a real estate license is required in the State of California. Administrator shall
indemnify,defend(with counsel reasonably approved by Developer and City),and hold
harmless Developer and City and their respective officials,officers,employees,agents,
consultants,contractors and board members from and against all Claims arising directly
or indirectly, in whole or in part,from or in connection with Administrator's performance
or failure to perform under this Agreement or failure to maintain a real estate license. ,
The provisions of this Section shall survive the expiration or other termination of this
Agreement.
16. Default;Remedies. In the event of any breach of this Agreement,the"non
defaulting Party shall provide written notice of default to the Party in default. If the
default is not cured within thirty(30)days after delivery of such notice,then the non-
defaulting Party shall have the right to take legal or other action to enforce this
Agreement, including without limitation,bringing an action for equitable relief seeking
the specific performance of the terms and conditions of this Agreement, and/or enjoining,
abating, or preventing any violation of such terms and conditions, and/or seeking
declaratory relief or damages. Each of the remedies provided herein is cumulative and
not exclusive, and each Party may exercise from time to time any rights and remedies
available to it under applicable law or in equity, in addition to,and not in lieu of, any
rights and remedies expressly provided in this Agreement or in the Density Bonus
Ordinance or State Density Bonus Law.
17. Fair Housing;Non-Discrimination. Developer shall comply with all applicable
state and federal fair housing laws in the marketing and sale of all residential units in the
14
•
Project. Administrator shall comply with all applicable state and federal fair housing
laws in the marketing and sale of the Restricted Units. Developer shall not restrict the
rental, sale;lease, sublease,transfer,use, occupancy,tenure or enjoyment of the Property;
the Project,or any portion thereof, on the basis of race,color,religion,creed,sex,sexual
orientation, disability,actual or perceived gender identity,marital status,ancestry, or
national origin of any person. Developer covenants for itself and all persons claiming
under or through it, and this Agreement is made and accepted upon and subject to the
condition that there shall be no discrimination against Or segregation of any person or
group of persons on account of any basis listed in subdivision(a)or(d)of Section 12955
of the Government Code,as those bases are defined in Sections 12926, 12926.1,
subdivision(m) and paragraph(1)of subdivision(p) of Section 12955, and Section
12955.2 of the Government Code, in the sale,lease, sublease,transfer,use,occupancy,
tenure or enjoyment of the Property or part thereof,nor shall Developer or any person
claiming under or through Developer establish or permit any such practice or practices of
discrimination or segregation with reference to the selection,location,number,use or
occupancy of tenants, lessees,subtenants, sublessees or vendees in, of,or for the Property
or part thereof. Developer shall include such provision in all deeds,leases,contracts and
other instruments executed by Developer,and shall enforce the same diligently and in
good faith. Administrator shall include language to this effect in all agreements relating
to the selection of Eligible Purchasers and the sale of Restricted Units.
18. Miscellaneous.
18.1 .. Notices. Except as otherwise specified herein,all notices to be sent
pursuant to this Agreement shall be made in writing,and sent to the Parties at their
respective addresses specified below or to such other address as a Party may designate by
written notice delivered to the other parties in accordance with this Section. All such
notices shall be sent by: (i)personal delivery, in which case notice is effective upon
delivery; (ii) certified or registered mail,return receipt requested, in which case notice
shall be deemed delivered upon receipt if delivery is confirmed by a return receipt;or(iii)
nationally recognized overnight courier,with charges prepaid or charged to the sender's
account, in which case notice is effective on delivery if delivery is confirmed by the
delivery service. -
City:
City of Campbell
70 No.First Street
Campbell,CA 95008-1436
Attention: Rob Eastwood,Community Development Director
Developer:
Union Town Partners LLC
Attention: Mark H. Lee
markhlee@gmail.com
310-985-5461
•
15
•
Administrator:
House Keys
358 Digital Drive
Morgan Hill, CA 95037
Attention: Julius Nyanda, Chief Executive Officer
18.2 No Third-Party Beneficiaries.This Agreement is not intended to be for the
benefit of any person other than the.Parties and their permitted successors and assigns.
18.3 Attorneys'Fees.If any legal or administrative action is brought to
interpret or enforce the terms of this Agreement,the prevailing party shall be entitled to
recover all reasonable attorneys'fees and costs incurred in such action, including without
limitation,attorneys' fees attributable to City's in-house counsel based upon n comparable
fees of private attorneys practicing in Santa;Clara County.
18.4 Amendments. This Agreement may be amended, changed, or modified
only by an agreement in writing signed by.the Parties or their respective permitted
successors and recorded in the Official Records.
18.5 No Waiver. Any waiver of any term or provision of this Agreement must
be in writing. No waiver shall be implied from any delay or failure by a Party to take
action on any breach or default hereunder or to pursue any remedy allowed under this
Agreement or applicable law. No failure or delay by a Party at,any time to require strict
performance of any provision of this Agreement or to exercise any election contained
herein or any right,power or remedy hereunder shall be construed as a waiver of any
other provision or any succeeding breach of the same or any other provision hereof or a
relinquishment for the future of such election.
18.6 Severability.If any provision of this Agreement is held by a court of
competent jurisdiction to be invalid or illegal, such invalidity or illegality shall not affect,
impair or invalidate any other provision hereof, and such remaining provisions shall
remain in full force and effect.
18.7 Headings:Interpretation. The captions used in this Agreement are for
convenience only and shall not be considered in the construction or interpretation of any
provision hereof. Unless expressly stated otherwise, each reference to a particular Section
of this Agreement shall mean all subsections and subparagraphs of such-Section. The
language of this Agreement shall be construed as a whole according to its fair meaning "
and not strictly for or against any Party,notwithstanding the drafting of the Agreement by
any Party or Party's representative. All references in this Agreement to particular
statutes,regulations,ordinances or resolutions of the United States,the State of
California, or the City of Campbell shall be deemed to include the same statute,
regulation, ordinance or resolution as hereafter amended or renumbered, or if repealed, to
such other provisions as may thereafter govern the same subject.
•
16
18.8 Governing Law and Venue. This Agreement shall be construed and
enforced in accordance with the laws of the State of California without regard to
principles of conflicts of law. Any action to enforce or interpret this Agreement shall be
filed and heard in the Superior Court of Santa Clara County, California or in the Federal
District Court for the Northern District of California.
18.9 Authority. Each person executing this Agreement on behalf of a Party
represents warrants that he or she has the actual authority to execute and deliver the
Agreement on behalf of such Party.
18.10 Entire Agreement;Exhibits. This Agreement,together with the
Conditions of Approval,contains the entire agreement of Parties with respect to the
subject matter hereof, and supersedes all prior oral or written agreements with respect
thereto. Exhibits A through E attached hereto are incorporated herein by this reference.
The Parties each acknowledge and agree that they have not relied on any representations
of the other Parties or their representatives, except to the extent that such representations
are expressly set forth herein.
18.11 Further Assurances. Each Party shall execute, acknowledge and deliver to
the other Parties such other documents and instruments,and take such other actions,as
either shall reasonably request as may be necessary to carry out the intent of this
Agreement
18.12 Parties Not Co-Venturers;No Agency Relationship. Nothing in this
Agreement is intended to or shall establish the Parties as partners, co-venturers,or
principal and agent with one another. The relationship of the Parties shall not be
construed as a joint venture,equity venture,partnership or any other relationship. City
neither undertakes nor assumes any responsibility or duty to Developer(except as
expressly provided in this Agreement)or to any third party with respect to the Project.
Developer and its agents and employees shall at no time pretend to be or hold themselves
out as employees or agents of City, and Developer shall have no authority to act as an
agent or to bind City to any obligation. Except as City may specify in this Agreement,
the Administrative Services Agreement or in another written instrument, Administrator
shall have no authority to act as an agent of City or to bind City to any obligation.
Administrator shall have no authority to act as an agent of Developer or bind Developer
to any obligation.
18.13 Action by the City. Whenever action and/or approval by City is required
under this Agreement, such action or approval shall be in writing, and the City's
Authorized Representative or his or her designee may act on and/or approve such matter
unless specifically provided,otherwise, or the City's Authorized Representative
determines in his or her discretion that such action or approval requires referral to City
Council for consideration.
18.14 Non-Liability of City and City Officials,Employees and Agents. No
member, official,employee or agent of the City shall be personally liable to Developer or
17
Administrator or any successor in interest, in the,event of any default or breach by the
City,or for any amount of money which may become due to Developer or Administrator,
or their respective successors, or for any obligation of City under this Agreement.
18.15 Joint and Several Liability. The obligations and liability of each person
and/or entity under this Agreement shall be joint and several.
18.16 Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be an original and all of which together shall constitute one
agreement.
SIGNATURES ON FOLLOWING PAGES.
IN WITNESS WHEREOF,the Parties have executed this Affordable Housing
and Density Bonus Agreement and Declaration of Restrictive Covenants effective as of
the date first written above.
DEVELOPER:
Union Town P e s LLC
By:
Print Name:Mark Lee
Title:Managing Member
CITY:
CITY OF C BELL, a m p., c•;.. o
By:
y --�� I
Print Name: Sr I o� Z.-O'V'2./q-hat l0
Title: 2 i:-1 y Maw&cj
Approved as to form:
William Seligmann, City Attorney
18
ADMINISTRATOR:
HOUSEKEYS INC.,a California corporation
By:
Julius Chief Executive Officer
ALL SIGNATURES EXCEPT CITY ATTORNEY MUST BE NOTARIZED
r
19
•
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this-
certificate is attached,and not the truthfulness,
accuracy,or validity of that document.
•
State of California
)ss
County of gank )
On 0,-c 3< 2-2 y , before
me,_0_)-ish1A
(Name of Notary)
notary. public, personally appeared
M who proved to me on the
basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s),or the entity upon behalf of which the person(s)acted,executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
� `SATISN ADDAGADDE
�a�Notary public-California
Santa Clara County a
Z--r Commission 4 24355
MyComm.Expires Feb 23,.99202)
(Notary Signature)
20
J
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California
ss
County of Sezi ,k,dara )
On kkaaly I ii. 07.--) , before
me, ethdrea anceo
(Name of Notary)
•
notary public, personally appeared
M/It is g �r�� who proved to me on the
basis of satisfactor evidence to be the personV whose namecslaaskesubscribed to the
within instrument and acknowledged to me that9slak/they executed the same in
eisiticsItheir authorized capacity(ija and that by is b4"r/ttyeir signature) on the
instrument the person('orthe entity upon behalf of which the person(,sz acted,executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal. ANOREAFRANZISKAsANOERs
/ ���///�II/]�//�]� . Notary Public-California
l/�� 1 V�"Viij `� , 'm Santa Clara County y�
r Commission�2504585
My Comm.Expires Nov 16,2028
(Notary Signature)
21
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California
L )ss
County ot5onku, c )
On lielDrUalk tt1 a001,S, before
me, A sardL
(Name of Notary)
notary public, personally appeared
•Eriof\ L.DV 1 t IO.1 who proved to me on the
basis of satisfactory evidence to be the personV-whose name,(4) is/are subscribed to the
within instrument and acknowledged to me that/s ie/ ey executed the same in
eysqhcer/their authorized capacity(), and that by YJadr/ ieir signature.( on the
'instrument the person(S), or the entity upon behalf of which the person•(4)acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
ANDREA FRANZISKA SANDERS
4deafeiMAI,6
= s . Notary Public•California
"��� Santa Clara Cwnty is
• Commissim ot 2504585 [
1 _ ` ° My Comm,Ex'ires Nov 16,2028
(Notary Signature) a
22
Exhibit A
PROPERTY
Real property situated in the County of Santa Clara, City of Campbell, State of California,
and described as follows:
BEGINNING AT AN IRON PIPE AT THE POINT OF INTERSECTION OF THE WESTERLY LINE OF
NORTH UNION AVENUE,40 FEET WIDE,WITH A LINE DRAWN PARALLEL WITH AND DISTANT
NORTH 30.94 FEET FROM THE 1/4 SECTION LINE RUNNING EAST AND WEST THROUGH THE
CENTER OF SECTION 35,TOWNSHIP 7 SOUTH,RANGE 1 WEST,MOUNT DIABLO BASE AND _
MERIDIAN,SAID PARALLEL LINE ALSO BEING THE NORTHERLY LINE OF THE 12.50 ACRE TRACT
AS DESCRIBED IN THE DEED FROM WINFIELD TURNER ET UX TO THOMAS H.BIERSCHBACK;
DATED MARCH 29,1920 AND RECORDED MARCH 31,1920 IN BOOK 507 OF DEEDS,PAGE 388,
SANTA CLARA COUNTY RECORDS;THENCE ALONG SAID LINE OF NORTH UNION AVENUE,N.3
DEGREES 15 MINUTES W.80.00 FEET TO A PIPE;THENCE PARALLEL WITH SAID 1/4 SECTION
LINE,WEST 142.58 FEET TO A PIPE;THENCE PARALLEL WITH SAID LINE OF NORTH UNION
AVENUE,N.3 DEGREES 15 MINUTES E.80.00 FEET,TO AN IRON PIPE IN SAID LINE DRAWN
PARALLEL WITH SAID DISTANT NORTH 30.94 FEET FROM SAID 1/4 SECTION LINE;THENCE
PARALLEL WITH AND DISTANT NORTH 30.94 FEET FROM SAID 1/4 SECTION LINE,EAST 142.58
FEET TO THE POINT OF BEGINNING AND BEING A PORTION OF THE SAID SECTION 35,
TOWNSHIP 7 SOUTH RANGE I WEST,MOUNT DIABLO BASE AND MERIDIAN,ALSO BEING THE
PARCEL OF LAND SHOWN THE MAP OF RECORD OF SURVEY FILED FOR RECORD APRIL 8,1952
IN BOOK 37 OF MAPS,PAGE 1,SANTA CLARA COUNTY RECORDS.
EXCEPTING THEREFROM ALL THAT PORTION.OF SAID LAND CONVEYED TO THE CITY OF
CAMPBEL°L,A MUNICIPAL CORPORATION BY DEED RECORDED ON DECEMBER 17,1986 IN
BOOK J963,PAGE 1155 OF OFFICIAL RECORDS AS INSTRUMENT NO.9072246.
ASSESSOR'S PARCEL NUMBER:412-30-045
23
. ,
•
• '
. .
, .
' . .
. .
- .
, CI
. .
. .
•
•
• • .
. .
. ,
. ..
,,,..F.135...:..69I 1;.t 3 73"k(/,'- (0%1:ET 11•••1,1s/
. . .:OW--7„,• 2701 ..... 15.45'- • ! 11..0: , •15.45 , , 1../.-1,' - 1....1 n, .,,,,,. 15.65r ..... 24.1.:/.1'
`7..cc,.. sY.tr,.1' .2.1117.'`F0111111 5,8. .‘20D. :04,,L+'.
11t.11a.2,,,pr,... •1 1.11F.1)11.E'
71:.,',.S'M.'CIO'IS i ' /AND EXt: I, 1
1 .
It-
.
5.411-/"0'1111-1
. 1
I ' I
-11,*E-4 ,
A .
.1.;,, , .5., .
E • 1.4.1
tli •Ech ' '.."1., :-4'
t.g:I.A.:,, - ‘;:1 LOT:2 1 LOT 3 ..p....,i, , LC..1 4 'Ti, I.01-5 ..,.
'- MCA* '-- ik •
LOt.0 ilr
Zirn.: IA::2
11;1
1 —I ...'' .. k'l 'Al...''. 4'31 .L ' / 71 t . • I , • r l'r an''.11.tli Safri.1/7 In.. 1117 EGVT,,/,.• Litfr Se,r1•••,,e..,•,.., .0..la crrT... . •., 111 F.111.1 1./- V.
811$7,rx 4../.,, :";11 ,•1.•,, '1'/-
a
j 'Fli • . gi. ,'
ai
•-1 :15,/.71,.'?r..'.'lt,-•
I I I I 111 4:42
•,I 0
p.C) 17 • /
1 1
1 1
1, 1
• i 31
\.,\11,5
1 Q
1
,..7i..
9 4 . 41
...--1' .
r14r, . w•
1 tr-
.In'n t4
-I r''''i ..7) •
• ..•
1 '0,iv,oa" •
J .( I N.i
--. IP r-
g 0 fr..r.---. 2 1 I i____ 16-/
, 2.55.. 'l'1•1 _...,1___: -'15'45 ...--.1-....— ... il .............1.---.....111...... 4,--....-,.......ta.,.... . ..- ....1‘,..;•-:-1'
'6‘;'2.C.0', Id/• ''.7".(0 ,
•2.co "IS
W ..
= . ,
• • • .
- . LOT.A. • i
0 . • , , PP.IVATE STREET).
EVAC,./15%-:.•PtCA'Z‘r,Et.
I.=:Alit,)CC-MMOn Afi:A
AREA . •
. .
i/.1.!/11.:L•5/11'
. /1E1171/1 Virti ,
P1.1:4111';CM,'1..,E; • . . ... .
BASS OF BEARINGS
. ," • . 'ten.57'.7".P"E t41.82.'•'il-r fr4sr A-7
•
. .. ,
•
. . .
1 . . .. .
. - •
•
Exhibit C
AFFORDABLE SALES PRICE
Unit Size Assumed. Affordable Affordable Affordable Sales
Household Sales Price fox` Sales Price for Price for
Size Very Low- Low-Income Moderate-Income
Income Households Households (120%
Households (80%AMI) -AMI)
(50%AMI)
Studio 1
1-Bedroom 2
2-Bedroom 3 $501,738
3-Bedroom 4
4-Bedroom 5
The Affordable Sales Prices listed above are in effect for sales occurring during Fiscal
Year 2024-2025. Pricing is subject to annual adjustment.
25
Exhibit D
ADMINISTRATOR COMPENSATION SCHEDULE
For each Restricted Unit, Developer shall pay a Transaction Processing Fee to the
Administrator equal to three percent(3%)of the Affordable Sales Price as established
pursuant to this Agreement for such unit. This fee is not a Real Estate Commission or
Real Estate Broker Commission. This fee shall be listed as an"Additional Settlement
Charge"paid by the Seller as reflected in section 1300 of the U.S. Department of
Housing and Urban Development(HUD) Settlement Statement(HUD-1)or"Other
Costs"paid by the Seller in the new Closing Disclosure as determined by the TILA-
REPA Integrated Disclosure rule.
•
26
EXHIBIT E
Resolutions, Ordinances, and COAs
27
•
RESOLUTION NO. 4655
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A SITE AND ARCHITECTURAL
REVIEW PERMIT TO ALLOW CONSTRUCTION OF A 7-UNIT
TOWNHOME BUILDING WITH ASSOCIATED SITE, LIGHTING,
PARKING, AND LANDSCAPING IMPROVEMENTS; A TENTATIVE
SUBDIVISION MAP TO ALLOW CREATION OF 7 PRIVATE LOTS AND
ONE COMMON LOT;AND A DENSITY BONUS REQUEST TO ALLOW
FOR WAIVER AND/OR REDUCTION TO THE DEVELOPMENT
STANDARDS APPLICABLE TO THE R-3 ZONING DISTRICT THAT
WOULD PHYSICALLY PRECLUDE CONSTRUCTION OF THE
PROJECT, A CONCESSION TO ELIMINATE THE FRONTAGE
UTILITY UNDERGROUNDING REQUIREMENT, USE OF THE
MAXIMUM VEHICULAR PARKING RATIO, AND PROVISION OF ONE
(1) TOWNHOUSE UNIT THAT WILL BE RESTRICTED FOR SALE TO
A MODERATE-INCOME HOUSEHOLD, FOR PROPERTY LOCATED
AT 523 UNION AVENUE; AND .A TREE REMOVAL PERMIT TO
ALLOW REMOVAL OF AN 18-INCH (DBH) COAST LIVE OAK TREE
STRADDLING THE PROPERTY LINE WITH 805 E. MCGLINCY LANE.
FILE NO.: PLN-2022-177
After notification and public hearing, as specified by law and after presentation by-the
Community Development Director, proponents,and opponents, the hearing was dosed.
The Planning Commission finds as follows with regard to the approval of Site and
Architectural Review Permit with a Density Bonus, Tentative Subdivision Map, and Tree
Removal Permit:-
Environmental Finding(s)
1. The project may be found Categorically Exempt under Section 15332 of the California
'Environmental Quality Act (CEQA), pertaining to In-Fill Development Projects which
are found consistent with all applicable general plan policies, zoning regulations, are
under five acres in size, and substantially surrounded by urban uses. Further, the
project qualifies for the exemption on the basis the site has no value as habitat for
endangered, rare, or threatened species (i.e., wetland), the project will not result in
any significant effects related to traffic, noise, or air/water quality, and can be
adequately served by all required utilities and public services.
2. There are currently no rare, threatened, endangered or sensitive animals, plants, or
natural communities within City limits according to City of Campbell General Plan and
California Department of Fish and Wildlife Natural Diversity Database.
3. The Project Site is not a wetland or otherwise known to serve as a habitat for
endangered, _threatened or species and is in located within a very urbanized
environment which is not likely to have an unrecorded species.
Evidentiary Findings
Planning Commission Resolution No. 4655 Page 2 of 6
PLN-2022-177—Site and Architectural Review Permit w/a Density Bonus
523 Union Avenue
1. The Proposed Project is an application (PLN-2021-177) for a Site and Architectural
Review Permit with a Density Bonus, Tentative Subdivision Map, and Tree Removal.
Permit to allow construction of a 7-unit townhome development with associated site,
parking, :and landscaping improvements; creation of 7 private lots and one common
lot;and removal of an 1.8-inch (DBH) Coast Live Oak tree straddling the rear property
line. The project will provide one (1)townhouse unit that will be restricted for sale to a
moderate-income household pursuant to State. Density Bonus law, as to allow for
waiver and/or reduction to the development standards applicable to the R-3 Zoning
District that would physically preclude construction of the project; a concession to
eliminate the frontage utility undergrounding requirement; and use of the maximum
vehicular parking ratio.
2. The Project Site is an approximately 11,000 square-foot (net) parcel (13,301 gross
square-feet) located on Union Avenue, north of McGlincy Lane, and is borders
industrial uses to south and west, and two apartment buildings to the north located
along West Valley Drive:
3. The Project Site is designated High Density Residential (21-27 units/gr. acre) and
zoned R-3 (Professional Office), as shown on the Campbell General Plan and Zoning
Maps, respectively.
4. The Project Site is currently developed with a single-family residence constructed circa
1952 that would be demolished with the project.The submitted Project Description and
Affordable Housing Plan, incorporated herein by reference, stipulates that the
residence is not subject to a recorded affordable housing covenant or previously
occupied by a lower or very low-income household.
5. The Proposed Project's seven units would result in a density of 23 units/gr. acre (7
units = .305 acres), consistent with the density range of the High,Density Residential
(21-27_units/gr acre) designation. Although seven units exceeds the allowable five
units otherwise specified by CMC Sec.21.08.070.E.,Table 2-7 (General Development
Standards— R-3 Zoning District), pursuant to California Government Code § 65589.5,
in cases where the general plan-and-zoning ordinance do not match,a project-is-only
required to comply with the general plan. -
6. The Proposed Project includes a request for a Density Bonus as permitted by Campbell
Municipal Code (CMC) Chapter 21.20 and California Government Code Sections
65915-65918 that would allow waivers to would reduce or eliminate the minimum
parcel size, minimum parcel width,-minimum public frontage, front/side/rear setbacks,
maximum floor area ratio, maximum lot coverage, and the minimum quantity of
landscaping required for,projects in the R-3 (Multiple-Family Residential) Zoning
District; a concession-to eliminate the-City's-frontage undergrounding requirement to
allow retention of the existing overhead utility lines as to provide provide a significant
cost reduction to the project; and a use of the maximum Density Bonus parking ratio.
No increased density ("bonus") is requested.
7. 'As conditioned, and with applicant agreement, the requested concession to allow
retention of the existing overhead utility lines is contingent upon the County FireDistrict
no longer requiring aerial access from Union Avenue.
•
Planning Commission Resolution No. 4655 Page 3 of 6
PLN-2022-177—Site and Architectural Review Permit w/a Density Bonus
523 Union Avenue
8. The Proposed Project is not subject to the provisions CMC Chapter 21.24(lnclusionary
Housing Ordinance) in that it has fewer than 10 housing units.
9: The Proposed Project qualifies for a density bonus in that it creates at least five
additional living units (not including density bonus units), included a-request for a
density bonus as part of the application for the first,approval of the residential project,
and meets the criteria fora density bonus established in CMC Sec. 21.20.080.
10. The Proposed Project is a "housing development" under State law, which limits the
City in its capability to "deny, reduce the density for, or render infeasible°' the project
under the Housing Accountability Act (HAA) (Government Code Section 65589.5)
unless: 1) the proposal is found to be,in violation of an objective general plan/zoning
standard (other than those waived/reduced through use of the Density Bonus law); or
2)the project will result in a specific adverse impact to public health and safety.
11. The Proposed Project includes a traditional architectural approach that incorporates a
predominate hipped roof running the course of the building, broken-up by small-hipped
elements that form a covered roof for each unit's balcony. The building would be clad
in Hardie textured panels painted in grey and white,with brown window frames, doors,
and accent features.
12. There are no design guidelines or standards applicable to the Proposed Project.
13. 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.
14. The proposed Tentative Subdivision Map will allow creation of privately held parcels
for fee title ownership as well as a common parcel to be improved with a private
roadway, open space, and landscaping.
15. As a condition of approval, the applicant shall record Covenants, Codes and
Restrictions (CC&R's) for the Proposed Project, forming a Homeowner's Association
(HOA) and formalizing the operational responsibilities of the HOA.
16. The Proposed Project requires removal of a tree that nearly straddles the rear property
line.and heavily encroaches into the project site. The townhome structure would be
located just 5-feet away from the tree trunk and well within its critical root zone such
that it would not likely survive construction. As such, its retention would limit the
economic viability of the project by hindering its construction feasibility. The proposed
replacement trees will be a sufficient replacement for the tree to be removed and will
continue the diversity of tree species found in the community:
17. The Proposed Project would be consistentwith the following General Plan policies and
strategies:
Policy LUT-5.1: Neighborhood Integrity: Recognize that the City is composed of residential,
industrial and commercial neighborhoods, each with its own individual
Planning Commission Resolution No. 4655 Page 4 of 6
PLN-2022-177—Site and Architectural Review Permit w/a Density Bonus
523 Union Avenue
character;and allow change consistent with reinforcing positive neighborhood
values,-while protecting the integrity of the city's neighborhoods.
Policy LUT 5.2: Residential Neighborhoods: Maintain safe,attractive, pedestrian friendly
residential neighborhoods with identifiable centers and consistent
development patterns and a range of public and private services.
Strategy LUT 5.2a: Neighborhood Compatibility: Promote new residential development and
substantial 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 LUT-9.3: Design and Planning Compatibility: Promote high quality, creative design and
site planning that is compatible with surrounding development,public spaces
and natural resources.
Strategy LUT 9.3e: Building Materials: Encourage the use of long-lasting,high quality building
materials on all buildings to ensure the long-term quality of the built
environment.
Strategy LUT 12.1c: Parking Lot Design:Design parking lots to minimize impacts on the street
system by providing adequate sized driveways,sufficient queuing and
efficient circulation.
Program H-5.2a: Implementation Objective:The City will continue to offer density bonus and/or
regulatory incentives/concessions to facilitate the development of affordable
and/or senior housing. The City will advertise its density bonus provisions on
its website, explain how density bonuses work in tandem with inclusionary
requirements, and promote in discussions with;prospective development
applicants.
18. The Proposed Project incorporates a requirement for off:site public improvements
including dedication of right-of-way for public street purposes-and installation of City
standard curb, gutter, sidewalk, driveways, street tree(s), and street light(s).
19. In review of the Proposed Project, the Planning Commission considered traffic safety,
traffic congestion, site circulation, adequacy of landscaping, and the appropriateness
of proposed structures and site layout, pursuant to Campbell Municipal Code Sec.
21.42.040 (Considerations in review of applications).
20. There is a reasonable relationship and a rough proportionality between the Conditions.
of Approval and the impacts of the project.
21. There is a reasonable relationship between the use of the fees imposed upon the
project and the type of development project.
22. 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.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
Site and Architectural Review Permit Finding(CMG Sec: 21.42.060.B):
•
Planning Commission Resolution No. 4655 Page 5:of 6
PLN-2022-177—Site and Architectural Review Permit wia Density Bonus
523 Union Avenue
1. The project will be consistent with the general plan;
2. The project will aid in the harmonious development of the immediate area;
3. The project- is consistent with applicable adopted design guidelines, development
agreement, overlay district, area plan, neighborhood plan, and specific plan(s);
Density Bonus Findings (CMC Sec. 21.20.140.2):
4. The residential project is eligible for a density bonus and any concessions, incentives,
waivers, modifications, or reduced parking standards requested; conforms to all
standards for affordability included in this chapter; and includes a financing
mechanism for all implementation and monitoring costs;
5. The requested concession will result in identifiable, financially sufficient, and actual
cost reductions based upon appropriate financial analysis and documentation if
. required by Section 21.20.110;
6. The applicant has shown that the waivers and/or modifications 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;
Tentative Subdivision Map Findings (Govt. Code § 66410 et seq.):
7. The proposed map is consistent with applicable general and specific plans as
specified in Section 65451;
8. The design or improvement of the proposed subdivision is consistent with applicable
general and specific plans;
9. The site is physically suitable for the-type of development;
10. The site is physically suitable for the proposed density of development;
11.. The design of the subdivision or the propose improvements are likely to cause
substantial environmental damage or substantially and avoidably injure fish or wildlife
or their.habitat; -
12. The design of the subdivision or the type of improvements will not cause serious public
health problems;
13. 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;
Tree Removal Permit Findina(s) (CMC Sec. 21.32.080.A):
Planning Commission Resolution No. 4655 Page 6 of 6
PLN-2022-177—Site and Architectural Review Permit w/a Density Bonus
523 Union Avenue
14. Economic enjoyment and hardship.The retention of the tree(s) restricts the economic
enjoyment of the property or creates an unusual hardship for the property owner by
severely limiting the use of the property in a manner not typically experienced by
owners of similarly zoned and situated properties,and the applicant has demonstrated
to the satisfaction of the approval authority that there are no reasonable alternatives
to preserve the tree(s);
Environmental Findings (CMC Sec.21.38.050):
1.5.. The project is Categorically Exempt under Section 15332 of the California
Environmental Quality Act(CEQA), pertaining to In-Fill Development Projects; and
16. There are no unusual circumstances that would prevent the project from qualifying as
Categorically Exempt per Section 15300.2 of the CEQA Guidelines.
THEREFORE, BE IT RESOLVED that the Planning Commission approves a Site and
Architectural Review Permit with a Density Bonus,and a Tentative Subdivision Map,to allow
construction of a 7-unit townhome development and creation of 7 private lots and one
common lot,on property located at 523 Union Avenue;and a_Tree Removal Permit to allow
removal of an 18-inch (DBH) Coast Live Oak tree straddling the property line with 805 E.
McGlincy Lane;and finding that the project is Categorically Exempt under Section 15332
of the California Environmental Quality Act (CEQA), pertaining to In-Fill Development
Projects, subject to the attached Conditions of Approval (attached Exhibit A).
PASSED AND ADOPTED this 13th day of September,2022, by the following roll call vote:
AYES: Commissioners: Fields, Ching, Buchbinder, Kamkar, Krey, Zisser
NOES: Commissioners:
ABSENT: Commissioners: Ostrowski
ABSTAIN: Commissioners:
APPROVED:StuartSep20,202220:12GMT+1) -
Stuart Ching, Chair
ATTEST:
Rob Eastwood, Secretary
EXHIBIT B
CONDITIONS OF APPROVAL
PLN 2022-177
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 Site and Architectural Review Permit with
a Density Bonus, and a Tentative Subdivision Map, to allow construction of a 7-unit
townhome development and creation of 7 private lots and one common lot,on property
located at 523 Union Avenue; and a Tree Removal Permit to allow removal of an .18-
inch (DBH) Coast Live Oak tree straddling the property line with 805 E. McGlincy
Lane.The Approved Project shall substantially conform to the Approved Project Plans
and Project Description and Affordable Housing Plan, included as Attachment No. 2
and No.4, respectively, in the September 13,2022, Planning Commission Staff Report,
except as may be modified by conditions of approval contained herein.
2. Permit Expiration: Approval of the Site and Architectural Review Permit with a Density
Bonus, a Tentative Subdivision Map, and a Tree Removal Permit (heron "Approval")
shall be valid for two (2) years from the effective date of Planning Commission action
(expiring September.23, 2024).Within this two-year period the Tract Map ("final map")
must be approved by the City Council and recorded with the Santa Clara County Clerk-
Recorder, and a building permit must be issued. Failure.to meet this deadline or
expiration of an issued building permit will result in the Approval being rendered void.
3. Perpetual Development Standards:Should this Approval expire due to failure to secure
issuance of a building permit(or expiration of an issued building permit)after the Tract
Map has been recorded, any future development shall substantially comply with the
Approved Project Plans, which shall constitute the objective design standards for the
recorded subdivision.
4. Density Bonus Concession: The requested concession to allow the existing overhead
utility lines to remain is contingent upon the County Fire District no longer requiring
aerial access from Union Avenue. If the Fire District continues to require aerial access,
the projectshall be required to replace the existing overhead transmission lines across
the property's frontage with underground service.
5. Traffic Safety:The construction plans submitted for a building permit shall reflect traffic
safety features (e.g., speed-hump, signage, lighting, etc.) as determined by the
Community Development Director.
6. Planning Final Required: Planning,Division clearance is required prior to Building Permit
final. Construction not in substantial compliance with the Approved Project Plans shall
•
Exhibit A—Conditions of Approval —523 Union Avenue Page 2
PLN-2022-177—S/A Review Permit w/Density Bonus and Tentative Map
not be pass inspection without prior authorization of the necessary approving body (i.e.,
Planning Commission or Community Development Director).
7. 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.
8. Minor Revisions:Architectural refinements and other minor revisions to the Approved
Project Plans, including those that may .be necessary, to satisfy the Fire District
requirements pertaining to aerial access referenced in Condition of Approval No. 4,
may be administratively approved by the Community Development Director pursuant
to CMC Sec. 21.56.060.
9. Utility Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to
installation of the underground PG&E utility(transformer) boxes and San Jose Water
Company back-flow preventers, indicating the location of the boxes for approval by the
Community Development Director. The transformer shall be screened with
landscaping and/or artistically painted.
10.Signage: All signage shall require separate approval of a Sign Permit in compliance
with Campbell Municipal Code(CMC)21.30.080.A.
11.Timing of Tree Removal: Protected tree(s) shall be removed only in conjunction with
demolition of existing on-site structures upon issuance of a Demolition Permit.
12.Developer Affordable Housing Agreement: The applicant shall enter into a "Developer
and Affordable Housing Agreement" (hereinafter"Agreement") in compliance with the
provisions of Campbell Municipal Code (CMC) Section 21.20.150 (Developer
Affordable Housing Agreement).
a. The Agreement shall designate. Lot No. 6 as the one (1) Density Bonus "target
' unit," for the Approved Project, consistent with the Project Description and
Affordable Housing Plan referenced in Condition of Approval No. 1. Only the
Planning Commission may modify the Density Bonus "Target Unit" selection
through a modification of this'Condition of Approval.
b. The one (1) Density Bonus "target unit" shall be constructed with two bedrooms.
No developer option to reduce or increase the number of bedrooms shall be
permitted. However, this restriction shall not be construed as to limit the ability of
the homebuyer to reduce or increase the number of-bedrooms subsequent to
purchase.
c. The one (1) Density Bonus "target unit" shall be offered for sale at an ownership
cost affordable to a moderate-income income household.
d. An Equity Sharing Agreement and/or other similar document,to the satisfaction of
the Community Development Director, shall .be required for the Density .Bonus
"target unit"and shall remain in effect for a fifty-five (55)-year period from the date
that a certificate of occupancy is issued for the Density Bonus "target unit". The
•
Exhibit A—Conditions of Approval -523 Union Avenue Page 3
PLN-2022-177—S/A Review Permit w/Density Bonus and Tentative Map
Equity Sharing Agreement shall require participation in an Annual Certification
provided by the City through its Housing Administrator.
e. The Agreement shall be executed and recorded prior to recordation of the Tract
Map.
f. The owner(s) and resident(s) of the Density Bonus "target unit" shall have the
same access to project amenities and recreational facilities as market-rate units.
g. The Density Bonus "target unit" shall be comparable to the design of the market-
rate units in terms of appearance, materials and finished quality of the market-rate
units in the project..There shall not be•significant.identifiable differences between
the "target unit" and market-rate units which are visible from the exterior of the
dwelling units. Further, if air,conditioning is provided for the market-rate units,units, all
affordable units shall.also be provided with air conditioning. .
h. The City will maintain, through its Housing Administrator, a list. of Eligible
Households,and.Owner agrees that buyers or renters will be selected from this
list. The Housing Administrator, with approval from the City, will finalize the
eligibility determination and-refer Eligible Households to Owner to enter lease or
sales contract. .
i. Owners, 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/Assemblv-Bill-AB-1483
j. All Housing 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
k. The Housing Agreement shall be approved by the Community Development
Director and shall be recorded in the Official Records of Santa Clara County.
I. The applicant shall renumerate the City for the actual cost to prepare the Housing
Agreement.
13.Covenants,Codes and Restrictions (CC&R's):.Prior recordation of the Tract Map, the
applicant shall submit for review and approval by the City a copy of the draft CC&R's
which shall include the following provisions. The draft CC&R's shall be accompanied
with a response letter that indicates where in the CC&R's 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&R's.
a. Formation of a Homeowners 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.
Exhibit A-Conditions of Approval - 523 Union Avenue Page 4
PLN-2022-177-S/A-Review Permit w/Density Bonus and Tentative Map
e. Provision of a funding mechanism to ensure maintenance and upkeep of common
areas.
f. 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.
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 the permeable
pavement system.
k. Provision for regular monitoring and maintenance of the private sanitary system as
prescribed by the engineer of.record.
I. Provision for the availability of interior garage space for the parking of vehicles at
all times.
m.. Provision to prohibit the use of outside parking spaces for storage purposes,.
including boats, trailers, and recreational vehicles.
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 guaranteeing equal access to all common facilities and amenities by all-
residents (renters and homeowners) of the project. -
14.Landscapinc:.This project is subject to the updated California Model Water Efficient
Landscape Ordinance =(MWELO). This document is available at:
http://www.citvofcampbell.com/DocumentCenter/View/176. The building permit
application submittal,shall demonstrate compliance with the applicable MWELO and
landscaping requirements and the City's Streetscape Standards, 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).
i. Include the worksheet within the plan set AND
•
Exhibit A Conditions of Approval.523 Union Avenue Page 5
PLN-2022-177—S/A Review Permit w/Density Bonus and Tentative Map
ii. Provide a.separate 8.5x11 hard copy or pdfvia email to the project
planner.
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 Section492.6.
5) Irrigation Design Plan per Section 492.7.
6) Grading Design Plan per Section 492.8.
Note that 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.
b: A completed Landscape Information Form.
c. A note on the Cover Sheet in minimum 1/2"high lettering stating"Planning Final
Required. Landscaping indicated on the plans must be installed prior to final
inspection. Changes to the landscaping plan require Planning approval."
15.Construction Activities: The applicant shall abide by the following requirements during
construction:
A. General City Requirements: Construction activity shall comply with these general
City construction requirements:
a. The project site shall be posted with the name and contact number of the
lead contractor in a location visible from the public street prior to the issuance
of building permits.
b. Construction activities shall be limited to weekdays between 8:00 a.m. and
5:00 p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction
shall take place on Sundays'or holidays unless an exception is granted by
the Building Official.
c. All construction equipment with internal combustion engines used on the
project site shall be properly muffled and maintained in good working
condition.
d. Unnecessary idling of internal- combustion- engines- shall be strictly
prohibited.
e. All stationary noise-generating construction equipment, such as air
compressors and portable power generators, shall be located as.far as
_ possible from noise-sensitive receptors such- as existing residences and
businesses.
B. Noise Attenuation Measures: Due to the. proximity of adjacent residences, the
following noise attenuation measures shall be implemented:
a. All construction'equipment shall be properly maintained in good working
order.
b. Prior to construction activities, designate a"Construction Noise Coordinator"
wtr would be responsible for responding to any local complaints -about
construction noise. The Construction Noise Coordinator shall determine the
cause of-the- complaint and shall require that reasonable measures
• warranted to correct the problem be implemented (potentially including,
•
Exhibit A-Conditions of Approval - 523 Union Avenue Page 6
PLN-2022-177-S/A Review Permit w/Density Bonus and Tentative Map
temporary noise barriers).The telephone number for the Construction Noise
Coordinator shall be conspicuously posted at the construction site.
c. The construction contractor shall provide, at least three weeks prior to the
start of construction activities, written notification to all nearby residential
units within 200 feet ofthe construction site informing them of the estimated
start date and duration of construction activities.
d. Locate temporary generators and air compressors (if utilized) as far away
from sensitive noise receptors as necessary to reduce noise.
C. BAAQMD Required Fugitive Dust Control Measures: The applicant shall require
their construction contractors to- reduce construction related fugitive dust by
implementing BAAQMD's basic control measures at all construction and staging
areas, including:
a. All exposed surfaces (e.g., parking areas,staging areas, soil piles, graded
areas, and unpaved access roads) shall be watered two times per day.:
b. All haul trucks transporting soil,sand, or other loose material off site shall be
covered.
c. 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.
d. All vehicle speeds on unpaved roads shall be limited to 1.5 miles per hour.
e: 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.
f. A publicly visible sign shall be posted with the telephone number and person
to contact at the Lead Agency regarding dust complaints. This person shall
respond and take corrective action with.48 hours. The Air District's phone
number shall also be. visible to ensure compliance with applicable
regulations.
D. BAAQMD Required Basic Exhaust Emissions Reduction Measures. The applicant
shall require their construction contractors to implement the following measures
during construction to reduce exhaust emissions:
a. Idling-times-shall be minimized-either by shutting equipment off when-not in
use or reducing the maximum idling time to five minutes (as required by the
California airborne toxics -control measure Title 13, Section 2485 of
California- Code of Regulations). Clear signage shall be provided for
construction workers at all access points. - -
b. All construction' equipment shall be maintained and properly tuned in
accordance with manufacturer's specifications.' All equipment shall -be
checked by a certified mechanic and. determined to be running in proper
condition prior to operation. - -
16.On-Site Lighting: On-site lighting shall be shielded away from adjacent properties and
directed on-site..The final design and type of lighting fixtures.and lighting intensity of
any proposed exterior lighting for the project shallbe reviewed and approved- by the
Community Development Director for compliance with the City of Campbell Lighting
Exhibit A—Conditions of Approval —523 Union Avenue Page 7
PLN-2022-177—S/A Review Permit w/Density Bonus and Tentative Map
Design Standards (CMC Sec. 21.18.090) and shall not exceed one (1) footcandle at
property line, as demonstrated by a photometric plan. Lighting fixtures shall be of a
decorative design to be compatible with the residential development and shall
incorporate energy saving features.
Building Division
17.Permit Required: A building permit application shall be required for the proposed
project The building permit shall include Electrical/Plumbing/Mechanical fees when
such work is part of the permit.
18.Conditions of Approval: The Conditions of Approval shall be stated in full on the cover
sheet of construction plans submitted for building permit
19.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.
All protected trees shall be fenced to prevent damage to root systems in compliance with
the Standards for Tree Protection During Construction.
PUBLIC WORKS DEPARTMENT
20.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: hops://wvwv.cam bellca.pov/187/Street-
Improvements
b. Building Permitfor 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:
hftps://www.campbellca.qov/DocumentCenterNiew/16594
c. Street/ Easement Dedication: The.street/easement dedication documents
required for this project shall be submitted for review by the City Surveyor as
detailed here: https://www.campbelica,gov/DocumentCenter/Viewl430
21.Final (Tract) Map: Prior to issuance of any grading or building permits for the
project, the applicant shall submit a Final Map for review by,the City, pay the current
fees/deposits-and submit the map in a digital format acceptable to the City. Upon
approval by the City Council, the applicant will be:responsible for having their Title
Company record the approved map.
22.Preliminary Title Report:- Upon-submittal-of the Street Dedication documents,the
applicant shall provide a current(within the past 6 months) Preliminary Title Report.
23.Public Service Easements: Upon recordation of the Final Map,the applicant shall
grant a five foot public service easement on private property contiguous with the
•
Exhibit A-Conditions of Approval- 523 Union Avenue Page 8
PLN-2022-177-S/A Review Permit w/Density Bonus and Tentative Map
public right-of way along the Union Avenue frontage, unless otherwise approved by
the City Engineer. The applicant shall cause all documents to be prepared by a
registered civil engineer/land surveyor, as necessary,for the City's review and
recordation.
24.Private Easements: Upon recordation of the Final Map, the applicant shall cause
private easements to be recorded for private utilities, private storm drainage,
reciprocal ingress and egress, emergency vehicles,etc.
25.Monumentation for Final Map: Prior to recordation of the Final 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. -
26.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 seven (7) new
dwelling units based on the Single-family rate,, less credit for one (1) existing single-
family dwelling at the Single-family rate. The fee-in effect at the time of payment, as
established by the City's Schedule of Fees,shall be the fee due. The fee shall be due
to prior to recordation of the Final Map.
27.Demolition: Prior to recording of the Final Map the applicant shall obtain a demolition
permit and remove any nonconforming structures.
28.Soils Report: Upon submittal of the Final Map, applicant shall provide a soils report
prepared by a registered geotechnical or civil engineer.
29.Grading and Drainage Plan: Prior to issuance of any grading or building permits for
the site, 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.
30.Storm Drain Area Fee: Prior to recordation of the Final Map, the applicant shall pay
the required Storm Drain Area fee, currently set at $2,385.00 per net acre, which is
$598.64.
31.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. The primary objectives are to improve the quality and reduce the quantity
of stormwater runoff to the bay.
•
•
Exhibit A Conditions of Approval—523-Union Avenue Page 9
PLN-2022-177—S/A Review Permit w/Density Bonus and Tentative Map
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.
32.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.
33.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.
34.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. .
35.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:/Iwww.ci.campbell.ca.us/219) has detailed information on the streets currently
under moratorium and the enhanced restoration requirements.
36.Street Improvement Agreements / Plans / Encroachment Permit / Fees / Deposits:
Prior to issuance of any grading or building permits for the site, 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..
•
Exhibit A Conditions of Approval - 523 Union Avenue ' Page 10
PLN-2022-177-S/A Review Permit w/Density Bonus and Tentative Map
c. Removal of existing driveway approaches and all existing curb, gutter and-
sidewalk.
d. Installation of City approved street trees, tree wells and irrigation at 30 feet on
center.
e. Installation of City standard curb,gutter, sidewalk and an ADA compliant
driveway approach.
f. Installation of a City standard storm drain manhole and lateral.
Maintenance of new storm drain lateral will be the responsibility of the HOA.
g. Installation of asphalt concrete overlay on Union Avenue 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.
37.Street Improvements Completed for Occupancy and Building Permit Final: Prior to
allowing occupancy and/or final building permit signofffor any and/or all buildings, the
applicant shall have the required street improvements and pavement restoration
installed' and accepted by the City, and the design engineer shall submit as-built
drawings to the City.
38.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.
39.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.
40.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
41.Fire Sprinklers Required: (As Noted on Sheet A000) 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. For the purposes of this-section, firewalls used-to separate building areas
shall be constructed in accordance with the California Building, Code and shall be
1 •
Exhibit A—Conditions of Approval 523 Union Avenue Page 11
PLN-2022-177—S/A Review Permit w/Density Bonus and.Tentative Map
- without openings or penetrations. In other than residential buildings which require the
installation of fire sprinklers for all new buildings according to the California Residential
Code, an automatic sprinkler system shall be provided throughout all new buildings
and structures. Exceptions: a) Buildings and structures that do not exceed 1,000 SF of
building area. b) Group S-2 or U occupancies used exclusively for vehicle parking and
meeting all of the following conditions: I) -Non-combustible. construction ii) Maximum
building area not to exceed 5,000 SF. Ili) Structure is open on three or more sides. Iv)
Minimum of 10 feet separation from existing buildings unless area is separated by fire
walls complying with CBC 706. NOTE: The owner (s), occupant(s) and any
contractor(s)or subcontractor(s)are responsible for consulting with the water purveyor
of record in order to determine if any modification or upgrade of the existing water
service is required. A State of California licensed (C-16) Fire Protection Contractor
shall submit plans, calculations, a completed permit application and appropriate fees
to this department for review and approval prior to beginning their work. CFC Sec.
903.2 as adopted and amended by CBLMC.
42.Fire Alarm Requirements:.(As Noted on Sheet A000) Required fire alarm system shall
be designed and installed as required in the currently adopted edition of CFC Sec, 907,
as adopted and amended by the CBLMC and referenced codes'and Standards,
including, but not limited to, NFPA 72.
43.Ground Ladder Access:(As Noted on Sheet A006)Ground-ladder rescue from second
and third floor rooms with egress windows,shall be made possible for fire department
operations. With the climbing angle of seventy-five degrees maintained, an
approximate walkway width along either 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 1030].
44.Required Aerial Access:(As Noted on Sheet A006) 1. Where required: Buildings or
portions of buildings or facilities exceeding 30 feet (9144 mm) in height above the
lowest level of fire department vehicle access shall be provided with approved fire
apparatus access roads capable of accommodating fire department aerial apparatus.
Overhead utility and power lines,shall not be located within the aerial fire apparatus
access roadway. 2. Width: Fire apparatus access roads shall have a minimum
unobstructed width'of 26 feet(7925) in the immediate vicinity of any building or portion
of building more than 30 feet(9144'mm)'in'height. 3. Proximity to building:At least one
of the required access routes meeting this condition shall be located within a minimum
of 15 feet (4572) and a maximum of 30 feet (9144mm)from the building, and shall be
positioned parallel to one entire side of the building, as approved by the fire code
official. SCCFD SD&S A-1
45.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].
46.Required Fire Flow: (As Noted on SheetA000.1)The fire flow for this project is 1500
a s.
Exhibit A—Conditions of Approval -523-Union Avenue Page 12
PLN-2022-177—S/A Review Permit w/Density Bonus and Tentative Map
GPM at 20 psi residual pressure since an automatic fire sprinkler system is being
installed. Note:The minimum required number and spacing of the hydrants shall be
in accordance with CFC Table C102.1.
47.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 4 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. -
48.Water Supply Requirements:- ,Potable water supplies shall be :protected from
contamination caused by fire protection water supplies. It is the responsibility of the
applicant and any contractors and subcontractors to contact the water purveyor
supplying the site of such project, and to comply with the-requirements of that
purveyor. Such requirements shall be incorporated into the design of any water-
based fire protection systems, and/or fire suppression water supply systems or
storage containers that may be physically connected in any manner to an appliance
capable,of causing contamination of the potable water supply of the purveyor of
record. Final approval of the system(s) under consideration will not be granted by
this office until compliance with the requirements of the water purveyor of record are
• documented by that purveyor as having been met by the applicant(s). 2019 CFC
Sec. 903.3.5 and Health and Safety Code 13114.7.
49.Construction Site Fire Safety: All construction sites must comply with applicable
provisions of our Standard Detail and Specification SI-7 and Chapter 33 of'the
currently adopted edition of the California Fire Code.This must be submitted to, and
approved by this office prior to commencing and demolition/construction activities.