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HomeMy WebLinkAboutCC Resolution 26-13361 - 700 W. Hamilton Avenue (PLN-2024-189)RESOLUTION NO. 26-13361 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A MAJOR HOUSING DEVELOPMENT PROJECT PERMIT UTILIZING STATE DENSITY BONUS LAW (SDBL) TO MODIFY DEVELOPMENT STANDARDS AND REQUIREMENTS OF THE CITY'S INCLUSIONARY HOUSING ORDINANCE TO ALLOW CONSTRUCTION OF A 173-UNIT HOUSING DEVELOPMENT PROJECT, CONSISTING OF 89 TOWNHOME-STYLE CONDOMINIUM UNITS ACROSS EIGHT (8) FOUR-STORY BUILDINGS AND 84 PODIUM -STYLE CONDOMINIUM UNITS HOUSED WITHIN A SINGLE FIVE -STORY BUILDING ALONG WITH THE REMOVAL AND REPLACEMENT OF EXISTING SITE AND LANDSCAPING IMPROVEMENTS; AND A TENTATIVE VESTING SUBDIVISION MAP TO SUBDIVIDE THE PROPERTY, ESTABLISH PUBLIC AND/OR PRIVATE EASEMENTS, AND PROVIDE FOR NECESSARY PUBLIC RIGHT-OF-WAY DEDICATIONS, AND PREPARE A FINAL PHASING PLAN FOR THE ENTIRE PROJECT SITE ON PROPERTY LOCATED AT 700 W. HAMILTON AVENUE. FILE NO.: PLN-2024-189 After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. The City Council finds as follows with regard to the approval of a Major Housing Development Project Permit utilizing State Density Bonus Law (SDBL) to modify development standards and requirements of the City's Inclusionary Ordinance, and a Tentative Vesting Subdivision Map ("Proposed Project"): Environmental Findings: 1. The Proposed Project may be found exempt under Section 15332 (Class 32) of the California Environmental Quality Act (CEQA) Guidelines, which applies to In -Fill Development Projects. This exemption is appropriate for projects characterized as consistent with the applicable general plan designation and all applicable general plan policies, as well as with the applicable zoning designation and regulations; located within city limits on a site of no more than five acres substantially surrounded by urban uses; having no value as habitat for endangered, rare, or threatened species; that would not result in any significant effects relating to traffic, noise, air quality, or water quality; and that can be adequately served by all required utilities and public services. 2. This determination is supported by a memorandum prepared by Ascent Environmental, an independent environmental firm retained by the City of Campbell, which concludes that the project meets all criteria for a Class 32 Categorical Exemption pursuant to CEQA Guidelines Section 15332 and that none of the exceptions to the Categorical Exemption listed in CEQA Guidelines Section 15300.2 apply to the project. Evidentiary Findings: City Council Resolution No. 26-13361 Page 2 of 10 PLN-2024-189 — Major HDP and Tentative Vesting Subdivision Map 700 W. Hamilton Avenue 1. The Proposed Project is an application for a Major Housing Development Project Permit utilizing State Density Bonus Law (SDBL) to modify development standards and the requirements of the City's Inclusionary Housing Ordinance to allow construction of a 173-unit housing development project, consisting of 89 townhome- style condominium units across eight (8) four-story buildings and 84 podium -style condominium units within a single five -story building, with the removal and replacement of associated site and landscaping improvements; and a Tentative Vesting Subdivision Map to subdivide the property, establish public and/or private easements, and provide for necessary public right-of-way dedications; and prepare a final phasing plan for the entire project site at 700 W. Hamilton Avenue. 2. The Project Site is an approximately 3.83 gross acre parcel located southeast of the intersection of W. Hamilton Avenue and San Tomas Expressway. 3. The Project Site borders W. Hamilton Avenue to the north, San Tomas Aquino Creek to the east, multi -family residential uses to the south and southwest, commercial uses to the west. 4. The Project Site is designated Commercial Corridor Mixed -Use (45-60 Units/Gr. Acre) on the City of Campbell General Plan Land Use Map. 5. The Project Site is designated Commercial Corridor Mixed -Use (CC -MU) on the City of Campbell Zoning Map. 6. The Project Site is designated T4 Main Street (T4MS), in an Open Sub -Zone, with a Walkable Overlay, and subject to a Tier 2 Ground Floor Non -Residential Requirement along. W. Hamilton Avenue, on the City of Campbell Form -Based Zone Map. 7. The Project Site is a "through lot" of at least three acres and therefore also subject to the requirement of preparing a Walkable Neighborhood Plan in compliance with Section 8.020 (Walkable Neighborhood Plan) of the City's Multi -Family Development and Design Standards. 8. The Project Site is currently developed with a multi -story office building and parking lot which would be demolished as part of the Proposed Project. 9. The Project Site is identified as an "opportunity site" in the City of Campbell 2023- 2031 Housing Element. 10. The Proposed Project would achieve a density of 45.16 units/gr. acre (173 units 3.83 gr. acres), consistent with the density required by the Commercial Corridor Mixed -Use land use designation (45-60 units/gr. acre) and Housing Element Policy H-1.5, which requires that housing opportunity sites achieve at least 75 percent of the maximum General Plan Land Use density (75% x 60 units/gr. acre = 45 units / gr. acre minimum density). 11. The Proposed Project satisfies the development of a "housing development project" as defined by Chapter 21.72 (Definitions) of the Campbell Municipal Code. City Council Resolution No. 26-13361 . Page 3 of 10 PLN-2024-189 — Major HDP and Tentative Vesting Subdivision Map 700 W. Hamilton Avenue 12. The Proposed Project meets the criteria of a housing development under Section 65589.5 of the California Government Code and is therefore entitled to all applicable statutory protections under that section. 13. The Proposed Project is subject to the Housing Development Regulations and related design standards and permitting procedures as specified by Chapter 21.07 (Housing Development Regulations) of the Campbell Municipal Code. 14. The Planning Commission held a public hearing on this application at its meeting of December 9, 2025, and unanimously recommended approval of the application as proposed. 15. The Proposed Project was submitted pursuant to a Housing Crisis Act ("SB-330") preliminary application (PLN-2024-146) filed in compliance with Government Code § 65941.1 on September 30, 2024, 'which limits project review to those ordinances, policies, and standards (including certain fees) that were in effect when the preliminary application was submitted. 16. Pursuant to Campbell Municipal Code (CMC) Chapter 21.24 (Inclusionary Housing Ordinance), 15% of the for -sale units within the Proposed Project must be restricted to Low -Income and Moderate -Income households (173 x .15% = 25.96 which rounds up to 26 units). Specifically, CMC Sec. 21.24.040 requires that forty percent of the required fifteen percent (26 x .40 = 10.4; rounded up to 11 units) shall be restricted to Low -Income households with the remainder (26-11=15 units) being restricted to Moderate -Income households. 17. Pursuant to Campbell Municipal Code (CMC) Chapter 21.24 (Inclusionary Housing Ordinance), units provided at even lower income levels than those specified shall be deemed to satisfy the requirement. 18. The Proposed Project, exceeds the minimum affordability requirements of the City's Inclusionary Ordinance in that it will provide 26 for -sale affordable units, of which 17 would be restricted to Very Low -Income households, with the remaining 9 units being restricted to Moderate -Income households (where 11 Low -Income units, and 15 Moderate -Income units are required by the City's Inclusionary Housing Ordinance) as demonstrated in the Affordable Housing Plan, included herein as Exhibit C. 19. The income -restricted units within the Proposed Project satisfy the requirement for "Target Units" under State Density Bonus Law (SDBL), by designating at least five percent (5%) of the project's base units as affordable to Very Low -Income households, consistent with the definition provided in Health and Safety Code § 50105 and as required by Government Code § 65915(b)(1)(B). 20. Pursuant to CMC Chapter 21.20 (Density Bonuses and Other Housing Incentives) and California Government Code Sections 65915-65918, the income -restricted units (specifically, the 17 Very Low -Income units) within the Proposed Project make the project eligible for: 1) unlimited waivers from, or reductions to, development standards; 2) two (2) concessions/incentives; and 3) a 32.5% Density Bonus. The requested waivers and concessions are itemized in the Housing Incentives Request, included City Council Resolution No. 26-13361 Page 4 of 10 PLN-2024-189 — Major HDP and Tentative Vesting Subdivision Map 700 W. Hamilton Avenue herein as Exhibit D. An increase in density ("Density Bonus") is not requested as part of the Proposed Project. 21. The Proposed Project includes a request for two concessions. The first concession is to alleviate the requirements of the City's ground floor non-residential standards as depicted on the City's Form -Based Zone Map and described in Section 3.110 of the City of Campbell's adopted Multifamily Development and Design Standards. The second concession is to allow for the modified dispersal, size and variation of affordable units as proposed (reference Exhibit C - Affordable Housing Plan) and as may be granted through an Alternative Affordable Housing Plan as described by the Conditions of Approval, which would allow for modified timing, dispersal, size, and variation of affordable units to provide a greater public benefit than would result under standard requirements of CMC Chapter 21.24 (Inclusionary Housing Ordinance). 22. The Proposed Project will comply with the timing requirements of CMC 21.24.050 (Time performance.), as supported by the Construction Phasing Schedule, except where modified through an Alternative Affordable Housing Plan pursuant to the Conditions of Approval. 23. The Proposed Project has requested waiver(s) from any development standard that would physically preclude the project as designed (proposed) pursuant to Government Code § 65915(e). 24. The City's review of the requested waivers and concessions under State Density Bonus Law (SDBL) was conducted consistent with Bankers Hill 150 v. City of San Diego (2022), which established that the City "may not apply any development standard that would physically preclude construction of that project as designed, even if the building includes 'amenities' beyond the bare minimum of building components," when an applicant has requested a waiver(s) and/or concession(s), as well as with Schreiber v. City of Los Angeles (2021), which restricts the City's ability to require information to substantiate the basis for a requested waiver(s) or concession(s). 25. The Project Site is identified as a "large site," subject to preparation of a Walkable Neighborhood Plan (WNP) as required by MFDDS § 3.020, Table 3.020.B (Applicability of Design Site Requirements), consistent with the requirements of MFDDS § 8.020 (Walkable, Neighborhood Plan). Among these requirements is the creation of a "large site open space," which, when made accessible to the public renders the project eligible for up to a 50% reduction of the fee in -lieu of parkland dedication as specified by CMC Sec. 20.24.110(c). However, the credit is contingent on the open space satisfying the requirements of CMC Sec. 20.24.110, the definition of "Large Site Open Space, Public" and the requirements of Chapter 8 (Specific to Large Sites) of the Multi -Family Development and Design Standards. Although the proposed "large site open space" satisfies the minimum area/size requirements of a "Playground" (MFDDS § 8.030.9), it does not satisfy a requirement to provide a covenant providing permanent public access and use, as required by CMC Sec. 20.24.110, and therefore renders the Proposed Project ineligible for the park in -lieu fee reduction. City Council Resolution No. 26-13361 Page 5 of 10 PLN-2024-189 — Major HDP and Tentative Vesting Subdivision Map 700 W. Hamilton Avenue 26. The Proposed Project's requested waivers from the requirements of CMC Chapter 21.32 (Tree Protection Regulations) exempt it from a requirement to obtain a separate Tree Removal Permit. Further, as a result of waiving the City's Tree Protection Regulations, there is no obligation to demonstrate that the alternative site configurations and adjustments allowed by MFDDS § 9.020 have been exhausted in order to preserve on -site "protected" trees. 27. The Proposed Project will provide a total of 224 parking spaces rather than the 236 required under the City's parking requirements (CMC 21.28.040), as initially reduced by Section 65915(p) of the Government Code. The applicant has requested a waiver from the City's parking requirements to accommodate the project as designed, stating that providing the additional 12 spaces would physically preclude construction of housing units needed to meet the minimum density of 45 units per acre. 28. The Proposed Project, by creation of two or more housing units, constitutes a "Housing Development Project" under the Housing Accountability Act (HAA) (Government Code Section 65589.5). The City is, therefore, limited in its capability to "deny, reduce the density for, or render infeasible" the proposed project unless: 1) the proposal is found to be in violation of an objective general plan/zoning standard; or 2) the project will result in a specific adverse impact to public health and safety. 29. The Proposed Project is consistent with the "no net loss" and "protected units" replacement provisions of the Housing Crisis Act (HCA) (Government Code Section 66300(d)), as it does not include the demolition of any existing housing unit(s), as certified by the submission of a signed "Housing Crisis Act (SB330/SB 8) Compliance Form," included in the administrative record and on the basis it does not propose to demolish or otherwise remove any existing housing units. 30. The Proposed Project complies with all objective zoning and design review standards of the Campbell Municipal Code (CMC) and Multi -Family Development and Design Standards (MFDDS), accounting for incentives or concessions, waivers or reductions of development standards, as provided by State Density Bonus Law. 31. Schreiber v. City of Los Angeles (2021) 69 Cal.App.5th 549 holds that State Density Bonus Law preempts local ordinances that require information showing that a concession or waiver is necessary to make a project economically feasible. 32. The Proposed Project, with the requested waivers and concessions, would not be contrary to state or federal. law. 33. The Proposed Project is exempt from analysis under the City's amended Vehicle Miles Traveled (VMT) Policy, which presumes a development will have a less -than - significant transportation impact when the (1) proposed project land use is consistent with the General Plan; (2) the proposed project land use is within the increment of land use change evaluated in the General Plan EIR by TAZ; and (3) the proposed project is consistent with General Plan VMT policies. 34. 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 City Council Resolution No. 26-13361 Page 6 of 10 PLN-2024-189 — Major HDP and Tentative Vesting Subdivision Map 700 W. Hamilton Avenue 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. 35. The Proposed Project includes a Vesting Tentative Subdivision Map authorizing the subsequent recordation of two (2) phased Final Maps consistent with CMC Section 21.07.120 (Phasing), CMC Section. 21.56.030 (Phasing), and the Subdivision Map Act (Gov. Code §§66456.1 and 66463.1). The map phasing allows coordinated implementation of the Project's infrastructure and development sequence, while maintaining full compliance with legal requirements including, but not limited to, project affordability (under both the City's Inclusionary Ordinance and as required by State Density Bonus law to receive two concessions/incentives, and unlimited waivers), minimum density requirements, stormwater management, and emergency service access requirements. The two (2) phased Final Maps are described as follows: a. Phase 1 Final Map: Comprises five (5) of the six (6) lots shown on the Vesting Tentative Map, including Lot 1 (which is designated for a private road and critical infrastructure) and Lots 2 through 5 (which are designated for residential condominium purposes). ii. The Phase 1 Final Map provides for a total of 142 for -sale residential units of which 17 shall be deed restricted for Very Low -Income households and seven ' (7) shall be deed restricted to Moderate - Income households. iii. The Phase 1 Final Map totals approximately 3.05 acres, resulting in a density of 46.5 units per gross acre, which complies with the density range of the Commercial -Corridor General Plan land use designation (45-60 du/acre) of the property. iv. The 17 for -sale residential units to be deed restricted to Very Low - Income households qualify the Proposed Project for two concessions and unlimited waivers pursuant to State Density Bonus Law (12% VLI as rounded in accordance with State Law). v. The 17 Very Low -Income units, and seven (7) Moderate -Income units, satisfy the requirements of Chapter 21.24 (Inclusionary Housing Ordinance) of the Campbell Municipal Code, which requires 9 Low -Income and 12 Moderate -Income units, by both exceeding the number of units required for the 142 units included as part of the Phase 1 Final Map and by providing units at even lower income levels than required pursuant to CMC 21.24.040.D (For -sale projects.). b. Phase 2 Final Map: City Council Resolution No. 26-13361 Page 7 of 10 PLN-2024-189 — Major HDP and Tentative Vesting Subdivision Map 700 W. Hamilton Avenue i. Comprises one (1) of the six (6) lots shown on the Vesting Tentative Subdivision Map, specifically Lot 6 (which is designated for residential condominium purposes). Together with the Phase 1 Final Map, the Phase 2 Final Map shall provide for a total of 173 for -sale residential units of which 17 shall be deed restricted for Very Low -Income households and nine (9) shall 'be deed restricted to Moderate -Income households. iii. Together with the Phase 1 Final Map, the Phase 2 Map totals approximately 3.83 gross acres, resulting in a density of 45.16 units per gross acre, which complies with the density range of the Commercial -Corridor General Plan land use designation (45-60 du/acre) of the property. iv. The 17 for -sale residential units to be deed restricted to Very Low - Income households qualify the Proposed Project for two concessions and unlimited waivers pursuant to State Density Bonus Law (10% VLI as rounded in accordance with State Law). v. The 17 Very Low -Income units, and nine (9) Moderate -Income units, satisfy the requirements of Chapter 21.24 (Inclusionary Housing Ordinance) of the Campbell Municipal Code, which requires 11 Low - Income and 15 Moderate -Income units, by providing the same total number of units, but at even lower income levels, than required pursuant to CMC 21.24.040.D (For -sale projects.). 36. As stated and conditioned, Phase 1 of the Proposed Project complies with all requirements of the City and State Law even if Phase 2 is not.developed. Further, with the prior recordation of Phase 1, Phase 2 complies with all requirements of the City and State Law. 37. The Proposed Project, as conditioned, would be consistent with the following General Plan Goal, Policies, and Action: Goal LU-2: Ensure that new development is compatible with existing development in order to maintain a high quality of life for Campbell residents. Policy LU-2.1: Promote high quality, creative design and site planning that is compatible with surrounding development, public spaces, and natural resources. Policy LU-2.4 Require new development and renovation that is located within or immediately adjacent to existing residential neighborhoods to be compatible and well - integrated with the existing residential neighborhoods. Policy LU-2.5 Promote new development and additions that are designed to maintain and support the existing character and development pattern of the surrounding neighborhood, especially in historic neighborhoods and neighborhoods with consistent design characteristics. Action LU-1.g: Through the development review and permit process, ensure that residential developments fall within the minimum and maximum density range stipulated on the Land Use Map. City Council Resolution No. 26-13361 Page 8 of 10 PLN-2024-189 — Major HDP and Tentative Vesting Subdivision Map 700 W. Hamilton Avenue Policy H-1.1: Inclusionary Housing: Ensure that new residential development in Campbell integrates units affordable to very low-, low-, and moderate -income households, or contributes funds to support the development of affordable housing. Policy H-1.4: Planned for Densities: All housing opportunity sites shall achieve 75 percent of the maximum General Plan Land Use density. 38. Pursuant to CMC Sec. 21.07.100, the decision -making body may impose conditions, as it deems reasonable and necessary under the circumstances, to carry out the intent of Chapter 21.07 (Housing Development Regulations) and the Campbell General Plan. 39. As a condition of approval, the applicant shall record Covenants, Codes and Restrictions (CC&Rs) for the Proposed Project, forming a Homeowner's Association (HOA) and formalizing the operational responsibilities of the HOA. 40. No substantial evidence has been presented which shows that the Proposed Project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. 41. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the Proposed Project. 42. There is a reasonable relationship between the use of the fees imposed upon the Proposed Project and the type of development project. Based upon the foregoing findings of fact and in consideration of the entire administrative record, the City Council further finds and concludes that: Housing Development Permit (CIVIC Sec. 21.07.070.A): The project, as conditioned, complies with all objective standards; 2. The project, as conditioned, is consistent with all applicable General Plan goals, policies, and actions; 3. In the event of a conflict between General Plan and Zoning Standards, the standards contained in the General Plan were applied; 4. The project will not result in a specific adverse impact to public health and safety that cannot be mitigated without rendering the project infeasible; Tentative Subdivision Map Findings (Gov. Code § 66410 et seg.): 5. That the proposed map is consistent with applicable general and specific plans; 6. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans; 7. That the site is physically suitable for the type of development; City Council Resolution No. 26-13361 Page 9 of 10 PLN-2024-189 — Major HDP and Tentative Vesting Subdivision Map 700 W. Hamilton Avenue 8. That the site is physically suitable for the proposed density of development; 9. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat; 10. The design of the subdivision or the type of improvements will not cause serious public health problems; 11. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision or that alternative easements for access will be provided, and that these will be substantially equivalent to ones previously acquired by the public; Environmental Findings (CMC Sec. 21.38.050): 12. The Proposed Project is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15332, Class 32 (Infill Development Projects) of the CEQA Guidelines, as the project is consistent with the 2040 Campbell General Plan and zoning regulations (except where preempted by State law), is located within the City's urbanized area on a site less than five (5) acres in size, and would not result in any significant effects related to traffic, noise, air quality, or water quality; and 13. There are no unusual circumstances as defined under Section 15300.2 of the CEQA Guidelines that would preclude use of the Class 32 Categorical Exemption or otherwise result in potentially significant environmental effects. THEREFORE, BE IT RESOLVED that the City Council approves a Major Housing Development Project Permit utilizing State Density Bonus Law (SDBL) to modify development standards and requirements of the City's Inclusionary Housing Ordinance to allow construction of a 173-unit housing development project, consisting of 89 townhome- style condominium units across eight (8) four-story buildings and 84 podium -style condominium units within a single five -story building, with the removal and replacement of associated site and landscaping improvements; and a Tentative Vesting Subdivision Map to subdivide the property, establish public and/or private easements, and provide for necessary public right-of-way dedications; and prepare a final phasing plan for the entire project site; and finding the Proposed Project exempt from formal environmental review under Section 15332 (Infill Development Projects) of the California Environmental Quality Act (CEQA), for property located at 700 W. Hamilton Avenue, subject to the attached Conditions of Approval (attached Exhibit A). City Council Resolution No. 26-13361 Page 10 of 10 PLN-2024-189 — Major HDP and Tentative Vesting Subdivision Map 700 W. Hamilton Avenue PASSED AND ADOPTED this 20th day of January 2026, by the following roll call vote: AYES: Councilmembers: Lopez, Hines, Bybee, Scozzola, Furtado NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None APPROVED: V� Daniel E. Furtado, Mayor ATTEST: GG� C 0-1 .cawC,w Andrea Sand r , City Clerk EXHIBIT A CONDITIONS OF APPROVAL PLN-2024-189 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 Approved Project: Approval is granted for a Major Housing Development Project Permit utilizing State Density Bonus Law (SDBL) to modify development standards and requirements of the City's Inclusionary Housing Ordinance to allow construction of a 173-unit housing development project, consisting of 89 townhome-style condominium units across eight (8) four-story buildings and 84 podium -style condominium units within a single five -story building, with the removal and replacement of associated site and landscaping improvements; and a Tentative Vesting Subdivision Map to subdivide the property, establish public and/or private easements, and provide for necessary public right-of-way dedications; and prepare a final phasing plan for the entire project site at 700 W. Hamilton Avenue. The project shall substantially conform to the Project Plans included as Attachment 2 of the January 20, 2026, City Council Staff Report (hereinafter "Project Plans"), Phasing Plan included as Exhibit B (hereinafter "Phasing Plan"), and Affordable Housing Plan included as Exhibit C (hereinafter "Affordable Housing Plan"), and Environmental Commitments Letter included as Exhibit E (hereinafter "Environmental Commitments Letter") except as may be modified by Conditions of Approval contained herein. Prior to issuance of any building permit, the Community Development Director shall verify that final construction plans are consistent with the Approved Project. 2. Permit Expiration: The Major Housing Development. Project Permit and Vesting Tentative Subdivision Map granted herein ("Approval") shall be valid for two (2) years from the effective date of the City Council action approving the project. Within this two- year period, the Phase 1 Final Map shall be recorded with the Santa Clara County Clerk -Recorder, and the Phase 2 Final Map shall be recorded within twelve (12) months thereafter, unless the two maps are recorded concurrently. Failure to meet this deadline shall result in the Approval being rendered void. A request for an extension of the permit expiration date may be made in compliance with Campbell Municipal Code (CMC) Section 21.56.030.0 (Extensions of time). Rights conferred by the Vesting Tentative Subdivision Map shall remain vested as provided under Government Code § 66498.1 et seq. 3. Vacating of Office Building: The property owner shall fully vacate the office building prior to the issuance of any building permit, including a demolition permit, in association with the Approved Project. This includes, but is not limited to, activity involving the removal of on -site parking, grading, site clearing, or any activities associated with Exhibit A — Conditions of Approval Page 2 of 15 PLN-2024-189 — Major HDP and Vesting T-Map 700 W. Hamilton Avenue demolition. Evidence demonstrating compliance, such as lease terminations, utility disconnection confirmations, and site inspection reports, shall be submitted to the City prior to the issuance of any such permit. The building shall remain secure, powered for alarm systems, and supplied with water for fire suppression until a demolition permit is issued. This requirement shall not apply to active wireless communication equipment lease agreements, which may remain in effect until such time as the wireless facilities are required to be decommissioned or removed in coordination with the demolition of the building. 4. Final Maps: Two (2) phased Final Maps authorized by this Approval may be recorded consistent with the Vesting Tentative Subdivision Map as set forth in the Project Plans and Phasing Plan (Exhibit B). However, in no case shall the Phase 2 Final Map be recorded prior to the recordation of the Phase 1 Final Map. 5. Street Names: The street names included on the two (2) phased Final Maps shall match those street names indicated on the Vesting Tentative Subdivision Map as set forth in the Project Plans unless otherwise approved by the City. 6. Minor Revisions: Minor revisions to the Approved Project Plans, not otherwise subject to an Administrative Housing Development Project Permit as specified by CMC Sec. 21.07.040(a)2, may be ministerially approved by the Community Development Director pursuant to CMC Sec. 21.56.060 (Amendments to an approved project). 7. Timing of Tree Removal: On -site tree(s) shall be removed only in conjunction with demolition of existing on -site structures upon issuance of a Demolition Permit. 8. Affordable Housing Agreement: Prior to, or concurrently with, the recordation of any Final Map, the Developer shall execute and record an Affordable Housing Agreement in a form approved by the City Attorney and Community Development Director. If two Final Maps are recorded, a separate Affordable Housing Agreement shall be executed and recorded prior to the recordation of each respective Final Map. The Affordable Housing Agreement(s) shall be recorded with the Santa Clara County Clerk -Recorder and shall, at a minimum, stipulate the following: a. Location. Demonstrate that the location and designation of below -market -rate (BMR) units is consistent with the Affordable Housing Plan (Exhibit C). b. Term and Agreement Type. 1) Inclusionary Units: Deed restrict all required below -market -rate units (BMR) for a minimum of 45-years from the date the affordable units are initially sold and shall be renewed at the change of each title for a period of 45-years for any units solely serving to satisfy the obligations of the City's Inclusionary Housing Ordinance. These units shall be subject to a Resale Restriction Agreement, between the City and the purchaser of the below market rate unit. 2) Density Bonus Units: Deed restrict all required below -market -rate units (BMR) for a minimum of 55-years from the date the affordable units are initially sold and shall be renewed at the change of each title for a period of 55-years for any units serving to satisfy State Density Bonus Law, or Exhibit A — Conditions of Approval Page 3 of 15 PLN-2024-189 — Major HDP and Vesting T-Map 700 W. Hamilton Avenue State Density Bonus Law and the obligations of the City's Inclusionary Housing Ordinance. These units shall be subject to an Equity Sharing Agreement between the City and the purchaser of the below market rate unit. c. Demonstrate compliance with all applicable construction timing and phasing requirements, including CMC §§ 21.24.050 (Time performance.) and 21.24.110 (Phased projects.). d. Provide for the required number and income category of for -sale BMR units to be deed restricted, consistent with the phase(s) of the Final Map as follows: 1) Phase 1 Final Map: If the Affordable Housing Agreement is recorded with the Phase 1 Final Map, it shall: i. Require the provision and deed restriction of twenty-four (24) for -sale BMR units, consisting of seventeen (17) Very Low -Income units and seven (7) Moderate -Income units. ii. Designate fourteen (14) of the seventeen (17) Very Low -Income units as Density Bonus/Inclusionary Housing units subject to an Equity Sharing Agreement. iii. Designate the remaining three (3) Very Low -Income units as Density Bonus Units subject to an Equity Sharing Agreement. iv. Designate all seven (7) of the Moderate -Income units as Inclusionary Units subject to a Resale Restriction Agreement. 2) Phase 2 Final Map: If a second Affordable Housing Agreement is recorded with the Phase 2 Final Map, it shall: i. Require the provision and deed restriction of two (2) for -sale BMR units, consisting of two (2) Moderate -Income units. ii. Designate the two (2) Moderate -Income units as Inclusionary Housing Units subject to a Resale Restriction Agreement. 3) Combined Map: If recorded concurrently with the Phase 1 and Phase 2 Final Map, or by a single Final Map, the Affordable Housing Agreement shall: i. Require the provision and deed restriction of a total of twenty-six (26) for -sale BMR units, consisting of seventeen (17) Very Low -Income units and nine (9) Moderate -Income units. ii. Designate fourteen (14) of the seventeen (17) Very Low -Income units as Density Bonus/Inclusionary Housing Units subject to an Equity Sharing Agreement. iii. Designate the remaining three (3) Very Low -Income units as Density Bonus Units subject to an Equity Sharing Agreement. iv. Designate all nine (9) of the Moderate -Income units as Inclusionary Units subject to a Resale Restriction Agreement. Exhibit A — Conditions of Approval Page 4 of 15 PLN-2024-189 — Major HDP and Vesting T-Map 700 W. Hamilton Avenue e. Establish the methodology for determining initial and subsequent sales prices of BMR units, consistent with the City's Methodology for Determining Maximum Affordable Homeownership Unit Sales Price. A copy of this document is available online at: https://www.campbelica.gov/1079/Assembly-Bill-AB-1483 f. Require the purchasers of the below market rate units ongoing participation in an annual certification process administered by the City's BMR Housing Administrator. g. Restrict the sale of BMR units to households meeting the designated income levels, as verified by the City's BMR Housing Administrator. h. Establish that the owners and occupants of the BMR units shall have the same access to project amenities and recreational facilities as market -rate units, as applicable. Establish that all BMR units shall be comparable to the design of the market - rate units in terms of appearance, materials, and finished quality of the market - rate units. There shall not be significant identifiable differences between the BMR units and market -rate units which are visible from the exterior of the dwelling units, including, but not limited to, providing air conditioning systems for the units when provided for the market rate units. j. Require selection of buyers from the City -maintained Eligible Households list, consistent with CMC §§ 21.24.040.E and 21.20.110, with the BMR Housing Administrator finalizing eligibility determinations and referring households to the property owner for sale. k. Require payment of all applicable fees for property owner, buyers, and program applicants, in accordance with the City's BMR Housing Administrator Fee Schedule. A copy of the fee schedule is , available online at: hftps://www.campbelica.gov/1 079/Assembly-Bill-AB-1483. The Affordable Housing Agreement shall be executed and recorded prior to recordation of any Final Map or issuance of any building permit, whichever occurs first. Failure to comply with this condition shall constitute a violation of this approval and grounds for withholding further permits or occupancy. Minor modifications consistent with the Affordable Housing Plan, requirements of Chapter 21.24 (Inclusionary Housing Ordinance), and State Density Bonus Law may be approved by the Community Development Director. Significant deviations shall require approval of a new land use entitlement, unless otherwise authorized through an Alternative Affordable Housing Agreement as provided under Condition of Approval No. 9 (Alternative Affordable Housing Agreement). 9. Alternative Affordable Housing Agreement: As an alternative, the Developer may request approval of an Alternate Affordable Housing Plan providing for modified timing, dispersal, size and variation of ,affordable units. Approval by the Community Development Director shall. not be unreasonably withheld if the Alternative Affordable Housing Agreement: Exhibit A — Conditions of Approval Page 5 of 15 PLN-2024-189 — Major HDP and Vesting T-Map 700 W. Hamilton Avenue a. Provides a greater public benefit than would result under the standard requirements of CMC Chapter 21.24 (Inclusionary Housing Ordinance); b. Does not conflict with local, State, or Federal Law or regulations, including providing for any greater percentage of affordable units, or greater degree of affordability, as may be required under State Density Bonus Law; c. Includes timely.submittal of building permit applications for the affordable units; d. Ensures timely, written responses to all plan check comments related to the affordable units; e. Establishes a reasonable construction commencement schedule; and f. Provides a firm deadline for completion of all units, absent unforeseen force majeure project delays. The City and Developer shall negotiate the Alternate Affordable Housing Plan in good faith, subject to approval by the City Attorney's Office. The Developer shall execute and record the City final -approved Alternate Affordable Housing Agreement. 10. Water Efficient Landscape Standards: This project is subject to the updated California Model Water Efficient Landscape Ordinance (MWELO). The building permit application for grading and on -site improvements shall demonstrate compliance with the applicable MWELO and landscaping requirements and shall include the following. b. A Landscape Documentation Package prepared by an authorized and licensed professional demonstrating compliance with the full MWELO requirements with the following required elements: 1) Project Information per Section 492.3. 2) Water Efficient Landscape Worksheet per Section 492.4 (Appendix B of the MWELO), include within the construction plans and as a separate PDF document. 3) Landscape Design Plan per Section 492.6. 4) Irrigation Design Plan per Section 492.7. 5) Grading Design Plan per Section 492.8. C. 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). d. Certificate of Completion (required prior to the building permit final of the last unit recorded under the same Final Map). 11. Landscape Maintenance: All landscaping shall be maintained in compliance with CMC Section 21.26.040 (Landscaping Maintenance Requirements) and Section 21.16.110.C.2 (Landscape Maintenance). Dead or unhealthy plants shall be replaced with healthy plants of the same or similar type. 12. Property Maintenance: All exterior areas of the property, including paved and sidewalk areas, shall be kept free of graffiti, trash, and debris, in compliance with CMC Section 21.16.110 (Site Maintenance). Exhibit A — Conditions of Approval Page 6 of 15 PLN-2024-189 —.Major HDP and Vesting T-Map 700 W. Hamilton Avenue 13.On-Site Lighting: Construction plans submitted for a building permit shall include lighting fixture specifications demonstrating compliance with MFDDS § 4.030.3 (Required Lighting). 14. Fences/Walls: All newly proposed fencing and/or walls shall comply with MFDDS § 4.020 (Screening). 15. Covenants, Conditions, and Restrictions (CC&Rs): Prior to recordation of any Final Map, the property owner shall submit for review and approval by the City a copy of the draft CC&Rs which shall include the following provisions. The draft CC&Rs shall be accompanied with a response letter that indicates where in the CC&Rs each of the following provisions has been addressed. The property owner shall compensate the City for the full cost incurred by the City to review the draft CC&Rs. a. Formation of a Homeowner's Association (HOA) to ensure the long-term maintenance of buildings and property. b. Continued architectural controls to ensure the architectural integrity of the project consistent with the Approved Project Plans. c. Definition of common areas to be maintained and provision of maintenance for these areas. d. Provision which shall define the rights of use, allowable landscape or open space improvements. e. Provision of a funding mechanism to ensure maintenance and upkeep of common areas. f. Provision of liability insurance in an 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. g. 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. h. Provision that.all landscaping shall be maintained in compliance with Condition of Approval No. 11 (Landscaping Maintenance). i. Provision that all exterior areas of the property shall be maintained in compliance with Condition of Approval No. 12 (Property Maintenance). j. Provision for regular monitoring and maintenance of the stormwater system, in accordance with the manufacturer's recommendations, including any permeable pavement. k. Provision for regular monitoring and maintenance of the private sanitary system as documented by the design engineer. Exhibit A — Conditions of Approval Page 7 of 15 PLN-2024-189 — Major HDP and Vesting T-Map 700 W. Hamilton Avenue I. Provision to prohibit the use of parking spaces for storage purposes, including boats, trailers, and recreational vehicles. M. 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. n. Provision to reference the project's affordability restrictions, as further confirmed in the project's Affordable Housing Agreement(s) and each applicable property's title documents. Building Division 16. Permit Required: A building permit application shall be required for the Approved Project. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 17. Construction Hours (CMC Sec. 18.04.052): Construction activity shall be limited to the hours of 8:00 AM to 5:00 PM daily, Monday through Friday. Saturday hours of construction shall be 9:00 AM to 4:00 PM. There shall be no construction activity on Sundays or National Holidays. 18. Construction Noise (CMC Sec. 18.04.052): No loud, environmentally disruptive noise over fifty (50) decibels, such as air compressors without mufflers, continuously running motors or generators, loudly played musical instruments or radios will be allowed during the authorized hours of construction, Monday through Saturday, where such noise may be a nuisance to adjacent residential neighbors. Such nuisances shall be discontinued. 19. Property Maintenance: The property is to be maintained free of combustible trash, debris, and weeds until the time that actual construction commences. Any vacant existing structures shall be secured, by having windows boarded up and doors sealed shut, or be demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). 20. Conditions of Approval: The Conditions of Approval shall be stated in full on the building permit plan set submitted for the building permit. 21. 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. 22. Construction Hours/Fines/Stop Work Notice(s): Failure to comply with permitted working hours that result in verified complaints may result in the issuance of a Stop Work Notice issued to the project with cessation of work for a minimum of seven (7) days from the date of issuance and an Administrative fine of up to $1,000.00 23. 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, in accordance with state law, the City may impose fines or Exhibit A — Conditions of Approval Page 8 of 15 PLN-2024-189 — Major HDP and Vesting T-Map 700 W. Hamilton Avenue exercise administrative remedies to compel timely completion of work in compliance with CMC Chapter 6.10 (Nuisance Abatement and Administrative Penalties). 24. Project Addressing: The developer shall submit an addressing request, with the required fee, to the City's Building Division. The request shall include a spreadsheet indexing all dwelling units by location, unit number, floor, and size, accompanied by corresponding floor plans clearly identifying each unit. The addressing plan shall be reviewed and approved by the Building Official prior to acceptance of any building permit application. 25.Construction Management Plan: As required by General Plan Action N-1.11, prior to issuance of a building permit the applicant shall submit a construction management plan that defines best management practices consistent with the conditions of approval provided herein to reduce construction noise, and shall include proposed truck routes for review and approval by the City Engineer. 26. Cultural Resources: As required by General Plan Action COS-6.b, the following requirements shall apply in the event of an inadvertent discovery of cultural resources or human remains: a. If construction or grading activities result in the discovery of significant historic or prehistoric archaeological artifacts or unique paleontological resources, all work within 100 feet of the discovery shall cease, the Planning Division shall be notified, the resources shall be examined by a qualified archaeologist, paleontologist, or historian for appropriate protection and preservation measures; and work may only resume when appropriate protections are in place and have been approved by the Planning Division. - b. If human remains are discovered during any ground disturbing activity, work shall stop until the Planning Division and the County Coroner have been contacted; if the human remains are determined to be of Native American origin, the Native American Heritage Commission (NAHC) and the most likely descendants have been consulted; and work may only resume when appropriate measures have been taken and approved by the Planning Division. PUBLIC WORKS DEPARTMENT Land Development Engineering Division 27. Construction Drawings: The applicant shall submit the following permit applications prior to, or concurrent with, the main Building permit application: a. Encroachment Permit for Street Improvement Plans: The frontage improvements for the project shall be shown on a separate street improvement plan as detailed here: his://www.campbellca.gov/187/Street-Improvements b. Building Permit for On -Site / 'Grading & Drainage Plans: The on -site grading, drainage, stormwater, landscaping, ADA and site improvements for the project shall be shown on a separate building permit plan as detailed here: https://www.campbellca.gov/DocumentCenterMew/16594 Exhibit A — Conditions of Approval Page 9 of 15 PLN-2024-189 — Major HDP and Vesting T-Map 700 W. Hamilton Avenue C. Final Map(s): The subdivision map documents required for this project shall be submitted for review by the City Surveyor as detailed here: https://www.campbelica.gov/DocumentCenterNiew/1478 28. Condominium Plan: Condominium Plans shall be processed by the Department of Real Estate Regulations. Recorded maps shall be sent to the City by the Applicant for their records. 29. Covenants, Conditions, and Restrictions: Provide copies of CC&Rs for review by the City prior to recordation of any Final Map and the CC&Rs. Maintenance of the stormwater treatment facilities shall be part of the CC&Rs. 30. Right -of -Way for Public Street Purposes: Upon recordation of any Final Map, the applicant shall fully complete the process to cause additional right-of-way to be granted in fee for public street purposes along the Gale Drive frontage to accommodate the required cul-de-sac bulb and sidewalk. The applicant shall submit the necessary documents for approval by the City Engineer, process the submittal with City staffs comments and fully complete the right-of-way process. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 31. Public Sidewalk Easement: In the event that the public sidewalk needs to, be constructed on -site behind the AT&T CEV vault along the Gale Drive frontage, the applicant shall dedicate a public Sidewalk Easement over this area on the Final Map. 32. Private Easements: Upon recordation of the Final Map, the applicant shall cause private easements to be recorded for private utilities, private storm drains, reciprocal ingress and egress, emergency vehicles, etc., consistent with the Vesting Tentative Map. 33. Monumentation for Final Map: Prior to recordation of any 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. 34. 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 173 new dwelling units based on the Multi -family rate of $22,247 per unit - the fee in effect at the time the project filed its SB-330 pre -application. The fees shall be due prior to recordation of any Final Map. 35. Demolition: Prior to recordation of any Final Map the applicant shall obtain a demolition permit and remove any nonconforming structures or improvements within the Exhibit A — Conditions of Approval Page 10 of 15 PLN-2024-189 — Major HDP and Vesting T-Map 700 W. Hamilton Avenue boundaries of that Final Map that are not approved to be retained as part of the Approved Project or are covered by subsequent Final Map. 36. Soils Report: Upon submittal of any Final Map, applicant shall provide a soils report prepared by a registered geotechnical or civil engineer. 37. Gradinq and Drainage Plan: Prior to recordation of any Final Map or 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 of each building, the design engineer shall provide written certification that the portion of the development that serves that building, the extent of which shall be determined by the City Engineer, has been built per the engineered grading and drainage plans to the satisfaction of the City Engineer or their designee. In addition, a plan, review letter will be required of the Geotechnical Engineer and Structural Engineer that they have reviewed the bio-treatment areas to ensure that the non -compacted biotreatment material will not create subsurface and/or surface failures due to adjacent structural and. vehicle loads. 38. State General Construction Activity Permit: Prior to issuance of any grading or building permits, the applicant shall comply with the State General Construction Activity Permit requirements including paying fees, filing a Notice of Intent and providing a Storm Water Pollution Prevention Plan (SWPPP). The applicant shall provide the City with a copy of the filed Notice of Intent and SWPPP. 39. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding stormwater pollution prevention. Specifically, the project must include source control, site design and treatment measures to achieve compliance with Provision C.3. of the NPDES Permit: Measures may include, but are not limited to, minimization of impervious surface area, vegetated swales, infiltration areas, and treatment devices. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay. Prior to the issuance of any building permits: a. The applicant's designer or engineer shall submit the required certification indicating that sizing, selection, and design of treatment BMP's for the project site has been completed to meet the requirements of the City of Campbell's NPDES permit. b. The applicant shall sign the "Covenants for the Operation and Maintenance of Stormwater Facilities" and submit a Stormwater Management Plan. Prior to occupancy of the last unit recorded under the same Final Map: a. A qualified BMP certifier is required to inspect the stormwater management facilities within the boundaries of that.same Final Map, submit a complete set of Exhibit A — Conditions of Approval Page 11 of 15 PLN-2024-189 — Major HDP and Vesting T-Map 700 W. Hamilton Avenue as -built drawings to Public Works Engineering, and certify on these drawings that: i. The stormwater management facilities were constructed in compliance with the approved plans. ii. The as -built drawings show all pertinent constructed dimensions, elevations, shapes, and materials. iii. All variations in construction from the approved design plan have been identified, including omissions to and additions from the approved plan. iv. Any changes are in. conformance with local, state, or federal regulations. 40. Maintenance of Stormwater Facilities: Owner(s), current and future, are required to maintain the.landscaped bio-treatment areas in the public right-of-way. Execution of a Maintenance Agreement will be required prior to the Building Permit Final. 41. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer cleanout(s) shall be relocated or installed on private property behind the public right-of-way line. 42. Utility Coordination Plan: Prior to the issuance of building permits for the site, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. The plan shall clearly show the location and size of all existing utilities and the associated main lines; indicate which utilities and services are to remain; which utilities and services are to be abandoned, and where new utilities and services will be installed. Joint trenches for new utilities shall be used whenever possible. 43. Pavement Restoration: The applicant shall restore the pavement in compliance with City standard requirements. In the event that the roadway has recently received a pavement treatment or reconstruction, the project will be subject to the City's Street Cut Moratorium. The applicant will be required to perform enhanced pavement restoration consistent with the restoration requirements associated with the Street Cut Moratorium. The City's Pavement Maintenance Program website (https://www.ci.campbell.ca.us/219) has detailed information on the streets currently under moratorium and the enhanced restoration requirements. 44. Hamilton Avenue Resurfacing: The City of Campbell plans to resurface all of Hamilton Avenue in 2026: Any pavement cuts taking place after the City has completed this work will require enhanced pavement restoration above and beyond the normal trench / pavement restoration requirements. The applicant is encouraged to accelerate any necessary work in Hamilton Avenue to complete their work prior to the City starting construction. See https://www.campbelIca.gov/1299 for more information. 45. Public Street Improvements / Agreements / Plans / Encroachment Permit / Fees / Deposits: Prior to recordation of any Final Map, the applicant shall execute a street improvement agreement, cause plans for public street improvements to be prepared by a registered civil engineer, pay various fees and deposits, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard Exhibit A — Conditions of Approval Page 12 of 15 PLN-2024-189 — Major HDP and Vesting T-Map 700 W. Hamilton Avenue public street improvements, as required by the City Engineer. The plans shall'include the following, unless otherwise approved by the City Engineer: a. Show location of all existing utilities within the new and existing public right-of- way. b. Relocation of all existing utilities including utility boxes, covers, poles, etc. outside of sidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk area. c. Hamilton Avenue Project Frontage i. Reconstruction of existing image street driveway approach along the Hamilton Avenue frontage to straighten out the sidewalk on both sides of the driveway. ii. Reconstruction of any damaged sidewalk, or sidewalk not meeting ADA cross -slope requirements. iii. Reconstruction of any curb and gutter that is impeding drainage. d. Gale Drive Project Frontage i. Construction of cul-de-sac bulb at the easterly terminus of Gale Drive. ii. Installation of City standard curb, gutter, sidewalk and an ADA compliant driveway approach. iii. Construction of a 2-inch pavement grind and overlay to centerline. e. Installation of stormwater treatment facilities needed to comply with MRP 3.0. Depending on the proposed design, fencing may be required to keep pedestrians out of the bio-treatment facility. f. Installation of streetlights, conduits, conductors and related facilities in accordance with the City of Campbell's Street Lighting Policies. Project to replace existing streetlight poles along Hamilton and Gale frontages with new poles, fixtures, pullboxes, and conduits. g. Installation of traffic control, stripes and signs. h. Construction of conforms to existing public and private improvements, as necessary. i. Submit final plans in a digital format acceptable to the City. 46. Public Street Improvements Completed for Occupancy and Building Permit Final: Prior to allowing occupancy and/or final building permit signoff for any and/or all buildings, the applicant shall have the required public street improvements and pavement restoration installed and accepted by the City, and the design engineer shall submit as -built drawings to the City. 47. Maintenance of Landscaping: Owner(s), current and future, are required to maintain the landscaped park strip and tree wells in the public right-of-way. This includes, but is not limited to: trees, lawn, plantings, irrigation, etc. Trees shall not be pruned, in a manner that would not allow the tree to grow to a mature height. Exhibit A — Conditions of Approval Page 13 of 15 PLN-2024-189 — Major HDP and Vesting T-Map 700 W. Hamilton Avenue 48. 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. POLICE DEPARTMENT 49. Security Plan: Upon the request of the Chief of Police, the applicant shall submit a Security Plan for review and approval by the Campbell Police Department. The Security Plan shall ensure that the office building is maintained in a secure condition until such time the office building is demolished. The Security Plan may require, but not be limited to, security measures such as fencing, lighting, alarms, security patrols, and site maintenance practices deemed appropriate by the Police Department. If a Security Plan is established, it shall remain in full force: and effect until the office building is fully demolished. Failure to submit or implement the Security Plan may result in suspension of construction activity or other enforcement action, at the discretion of the Chief of Police and Community Development Director. 50. Security Systems & Utilities: Unless otherwise approved by the Chief of Police, Building Official, or Community Development Director, the applicant shall maintain active electrical service to support required security alarm systems and water service to always maintain fire sprinkler protection. These utility services shall remain active and functional until such time that a demolition permit has been issued. Failure to maintain required utilities may result in suspension of construction activity or other enforcement action, at the discretion of the Chief of Police, Building Official, or Community Development Director. COUNTY FIRE DISTRICT 51. Fire_ Apparatus Access Roadway Required: Installations shall conform to the Santa Clara County Fire Department Standard Details and Specifications sheet A-1. (CFC Sec. 503). Prior to building permit submittal, applicant shall revise plans, consistent with the Alternative Means and Methods Request (AMMR) approved on July 2, 2025, which demonstrate conforming turning radii. For project phasing, fire access shall be maintained throughout all phases. Non -conforming radii shown on sheet C8.1. 52. Fire Sprinklers Required: Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the locations described in this Section or in Sections 903.2.1 through 903.2.18. — Building permit plans shall note that a modified NFPA 13 system is proposed per Approved AMMRs. Plan for access shall be demonstrated prior to building permit approval. 53.Aerial Access 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 or with the approved aerial access shown on sheet FS1.2. Exhibit A — Conditions of Approval Page 14 of 15 PLN-2024-189 — Major HDP and Vesting T-Map 700 W. Hamilton Avenue — AMMR approved and shown on sheet C1. Enhanced NFPA 13 system to be provided with mini horn alarm notification in each unit. 54. Fire Hydrant(s) and Fire Flow Requirements: Fire hydrants shall be located within 400 feet of all buildings. Hydrants shown on C8. Hydrant shall be installed prior to combustible construction. Fire flow letter shall be provided once hydrants are installed. 55. Ground Ladder / Emergency Rescue Opening: Ground -ladder rescue from second and third floor rooms shall be made possible for fire department operations. Climbing angle of seventy five degrees shall be demonstrated on the plans and maintained consistently with rescue opening ladder locations shown on Sheet FS 1.1. Landscaping shall not be allowed to interfere with the required access (CFC Sec. 503 and 1031 NFPA 1932 Sec. 5.1.8 through 5.1.9.2). 56. Fire Lanes Required: The minimum clear width of fire department access roads shall be 26 feet since aerial access is required. Fire apparatus access roads shall be designated and marked as a fire lane as set forth in Section 22500.1 of the California Vehicle Code. The entire 26 foot fire apparatus access roads shall be marked as fire lanes. Signs or other approved notices shall be posted. — — Shown on sheet C8. 57. 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 [CFC, Section 503.1.1]. 58. Fire Department Connections: FDC's shown on sheet C8. 59. Fire Lane Identification Shall be Required: The minimum clear width of fire department access roads shall be 20 feet. Fire apparatus access roads shall be designated and marked as a fire lane as set forth in Section 22500.1 of the California Vehicle Code. 60.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. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 6 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). Address numbers shall be maintained CFC Sec. 505.1. 61. No Violation: This review shall not be construed to be an approval of a violation of the provisions of the California Fire Code or of other laws or regulations of the jurisdiction. A permit presuming to give authority to violate or cancel the provisions of the fire code or other such laws or regulations shall not be valid. Any addition to or alteration of approved construction documents shall be approved in advance. [CFC, Ch. 1, 105.3.6] BINDING EFFECT OF CONDITIONS OF APPROVAL The Conditions of Approval set forth herein shall run with the land and shall be binding upon all successors in interest, assigns, and transferees of the property owner. Exhibit A — Conditions of Approval Page 15 of 15 PLN-2024-189 — Major HDP and Vesting T-Map 700 W. Hamilton Avenue Compliance with these conditions shall be required for the duration of the approved project. Violation of any condition may result in permit revocation or other enforcement action by the City of Campbell, as authorized by the Campbell Municipal Code. Attachment 3 Construction Phasing Schedule To allow for the termination of the existing leases and vacation of the existing commercial building the project will have 3 construction phases as follows and six (6) lots with phased Final Maps'. Time performance of the affordable housing units as proposed will meet the requirements of CIVIC 21.24.050. 1.) Phase 1(Phase 1A and Phase 16) a. Phase 1 is comprised of Lot 1 (Oliva Lane), Lot 4 (Buildings F), Lot 2 (Building 1), and Lot 3 (Buildings G and H). b. Phase 1A includes Oliva Lane from Gale to approximately Building C, Lot 2, Buildings G, H and F along with Montadito Place, Pimenton Place and Sarten Place. Oliva Lane contains backbone infrastructure to service the site and as such Lot 1 will be first Final Map filed and Phase to be built. c. Phase 1B includes the remaining portion of Oliva Lane from approximately Building C to Hamilton Avenue. 2.) Phase 2 is comprised of Lot 5 (Building E and Building D). Infrastructure for Lot 5 will be built as part of Lot 1 in Phase 1. 3.) Phase 3 is comprised of Lot 6 (Buildings C, Buildings B, Buildings A and Canela Place). Infrastructure for Phase 3 will be built as part of Phase 1 within Oliva Lane and Sarten Place and as part of Phase 3 within Canela Place. Phase 3 will commence after termination of the existing leases and vacation of the existing commercial (by others). Project may be phased pursuant to Chapter 3, Article 4, Section 66456.1 of the Subdivision Map Act. Developer reserves the right to file multiple maps. Page 1 of 1 EXHIBIT B . Phasing Plan �''�j I I� I 1 r wwse�.ros:ni t 1 I I I NOTES I{ i J;-s�-o-n T 2 III r O (Id,012.O SF 11L0.OITUC) , ----- I I _ Cf l I 135.e 219E141t3s AC) ABBREVIATIONS tr ✓'1 �I o I i (34,1412 SF 1078aAC) I �1am LEGEND ^ I .�11 �' PROPOSED LOTS r u nTsoossFlo.wznc> : a Phase 1 Final Map O Phase 2 Final Map SAN TOMAS EXPY I EXHIBIT C Affordable Housing Plan SAN TOMAS EXPRESSWAY Enlarged Building I ON millullmm ON t Level 4 Level 5 AffoNnQi¢VMISoIeaC - - Pixn SF •ci Ucles AMI rues we x MDo fUNx X0] 1 MOD fLW3 IS9 t OD PWi4 W.d 2 MOD — 9— .1. 3 Yl PoDNM SODA GO] ] VL D61N2N0 ata PoDNM]DDA No 1 vl ,�y�.�':LUItouSsnduxhrrexq'ece mavenezAeuII :pmmCGyO� .mlaxm�xYcx Nx cly. Affordable Units Moderate AMI VL AMI Mtvr ZletlNtSprt d Plan SF Got Uldts All P N1 IS 2:. MOD PLAN2 203 1 HOD _P(AN3 1444 1I ?Ic0 P1AN5 IV. 2i moo POD.U1414DA K3 3i VL PODiumm 0:A 3; VL fh_1:'Fcetaraan;tusave ;eamc`�npz.x�A3 +-w�nbxx:.:eeue .xa0arciy. EXHIBIT D Housing Incentives Request A list of waivers (Table A) and concessions (Table B) for this project are identified below. Ventures respectfully reserves the right to identify additional waivers as necessary to accommodate the project as designed. Table A - List of Waivers Waiver Requirement Standard Detail Standard Provided Rationale 1 CIVIC Required Parking 236 224 The project will provide 21.28.040 224 parking spaces rather than the 236 required under the City's parking requirements (CMC 21.28.040), as initially reduced by Section 65915(p) of the Government Code. Providing the additional 12 spaces would require approximately 1,836 square feet plus another 2,000 square feet for an access aisle. Incorporating this area would physically preclude the construction of required housing units, Which are necessary to meet the minimum density of 45 units per acre. 2 CIVIC Required Guest Dispersion Spaces are grouped The spaces are grouped 21.28.080 Parking of Spaces in one area for efficiency in spacing. To separate would create breaks in unit blocking that would physically preclude the proposed density. 3 MFDDS T5 Minor modifications The project is meeting the 3.080 Neighborhood to elements of intent of MFDDS section Standards 3.080 as shown in 3.080 with its walkable Project Data sheets neighborhood environment of large footprint and form elements. However, there are many instances where for example, we don't meet the encroachments. The meet the setbacks and encroachments would physically preclude the proposed density. 4 MFDDS 6.060 Dooryard Depth 6 feet 4 ft. depth x 10 ft. To require a width of 15 Lot 1 Width 15 feet width feet and a depth of 6 feet would widen the units by 2 feet and would deepen the units by 5 feet. Generally in a single building block (bldgs. A-F), it would physically preclude approximately 2 units in each building. Within buildings G and H, it would require encroachment into the drive aisle which is needed for access thereby physically precluding the entirety of a Plan 5 building. 5 MFDDS 6.060 Gallery Depth 8 feet Depth 5 feet To require a depth of 8 Lot 2 Height 12 ft. Height 9 feet feet would deepen the units by 3 feet. In a single building, it would physically preclude approximately 2 units. 6 MFDDS 3.080.5 Adjacency 25 ft setback and 3 9' — 6" setback and The units within this 25 Requirements stories max. 4 stories foot setback are our smallest units at only 16- feet wide as means to increase density. To limit to 3 stories and/or require a setback of 25 feet would physically preclude approximately 8 Plan 5 units. 7 MFDDS 8.020 Specific to Large Various Zones T5N The manner is which the Sites (NotTSN) T5N allowed large massing allows for efficiency in increased density. With the larger massing and block style buildings, many of the proposed units would be physically precluded. 8 MFDDS 8.030 Large Site Open Public Access No public access The project has included a Space Open Space along Valley Water large open space but the Property and Less constraints of the than 10% open proposed density is space cannot meet the 10% open space without physically precluding the units. 9 MFDDS 8.040 Thoroughfares Neighborhood 26 feet wide street The project is meeting the Street with 4 foot intent of MFDDS section sidewalks. 8.040 with our modified neighborhood street down the center of our project. To include the parallel parking and other elements would require spaces that would eliminate all the end units in the building blocks A-F. 10 MFDDS 1.040 Streetscape Parking, See plans To add an additional 7 Standards landscape, trees, spaces would require screening approximately 60-feet of width that would physically preclude roughly 4 plan 5 units. To additionally add the tree - replacement and other landscape elements also physically precludes the proposed density. 11 MFDDS 9.020 Adjustment to Allowable Exceed allowable We are not able to meet Standards Percentage of standards. the allowable percentages Standard as noted above for each individual element as it would physically preclude the proposed density. 12 MFDDS 4.030 Landscape and Existing Tree ratio is not met Lighting Vegetation —Tree Removal Replacement Tree Ratio Table B - List of Concessions Supporting Notes Concession Ground Floor MFDDS 3.110 The proposed incentives would not only allow #1 Nonresidential the inclusion of the proposed density but Requirements would also result in identifiable and actual cost reduction that provides affordable housing costs. The incentive requested will not have a specific, adverse impact to public health and safety nor . is the requested incentive contrary to state or federal law. Concession Alternate Affordable CMC 21.24 The proposed incentives would not only allow #2 Housing Plan for' the inclusion of the proposed density but modified timing, would also result in identifiable and actual dispersal, size and cost reduction that provides affordable variation of affordable housing costs. The units will not be units to provide a discernible from that of the market rate units greater public benefit with regards to finishes and architectural than would result elements. The incentive requested will not under standard have a specific, adverse impact on public requirements of CIVIC health and safety nor is the requested Chapter 21.24 incentive contrary to state or federal law. EXHIBIT E Environmental Commitments Letter City Ventures Northern California Division 1185 Old Mason Rd San Francisco, CA 94588 March 6, 2025 Stephen Rose Senior Planner City of Campbell 70 N 1 st Street Campbell, CA 95008 Re: File No: PLN-2024-189 Address: 700 W Hamilton Avenue, Campbell, CA Subject: Project Commitments Dear Mr. Rose, Please be advised that City Ventures, by issuance of this letter, is voluntarily committing to the incorporation of the below environmental features, which we request be considered part of the "project" for purposes of the City's review under the California Environmental Quality Act (CEQA). This list will be updated to accommodate the project as designed. ACOUSTICAL Commitments: The following features shall be incorporated into the project's on -site construction operations: • Noise -generating construction activities within the project area shall occur pursuant to the hours and days outlined in the City of Campbell Municipal Code to the maximum extent feasible. Specifically, construction activities shall be limited to the hours of 8:00 AM — 5:00 PM, .Monday through Friday, 9:00 AM — 4:00 PM on Saturday, and no construction on Sunday. • Upgraded windows with STC ratings will be installed in zones A, B, and C as indicated in Table 3 and as shown in Figure 2 of this report. This applies to all windows on the lots shown in Figure 2. • In the event that unusual circumstances or emergencies prevent certain project construction activities from complying with the City of Campbell General Plan, then a noise control plan shall be developed to ensure adverse noise impacts are avoided. Figure 2 - Noise Zones Zone B ' Zone A Zone C Zone A ® PASEO Zone C srC Zone B Zone C o�ocN Zone C AFFORDABLE UW TS 0 i ■ Zone C L c�: -. !U17 1 Zone B Table 3 - Calculated Interior CNEL Exterior CNEL Window/Qoor Window/Door Location - (dB) Rating Required: Rating Selected Interior CNEL (0) Zone A 71-72 STC 33 STC 33 44-45 Zone B 68-70 STC 30 STC 33 < 42 Zone C 61-67 STC 30 STC 33 < 40 No STC Remaining Units <_ 60 STC 33 < 40 requirement BIOLOGICAL Commitments: • Nesting Bird Considerations - There are trees onsite that could provide suitable nesting habitat for songbirds and raptors. Thus, seven (7) days prior to any vegetation removal or ground disturbance/earthwork that would be conducted during the nesting season (February 1 through September 1) that could disturb nesting birds (for example, ground vibration's from grading equipment will cause some birds to abandon their nests), preconstruction nesting bird surveys will be conducted by a qualified biologist. If active bird nests are identified onsite during preconstruction surveys, then a non -disturbance buffer would need to be established around the nesting site(s) until the young have fledged. The size of the non -disturbance buffer would be determined by a qualified biologist depending upon the nesting birds' sensitivity to disturbance, but buffers are typically 75 feet for nesting passerine birds and up to 300 feet for nesting raptors. Implementation of this measure would reduce impacts to nesting birds to a level regarded as less than significant pursuant to CEQA. • Special -Status Bat Considerations - While there are no CNDDB records of special -status bats within three miles of the project site, the pallid bat (Antrozous pallidus) is known from within 5 miles of the project site and is designated as California "species of special concern." This bat could roost in the trees or building onsite and common bat species including hoary bat (Lasiurus _ cinereus) could also be present on the project site. As such, a qualified biologist will conduct a survey for special -status and common bat species within the project site and a zone of influence around the project site prior to any building demolition, modification or any tree limbing or removal. This will include surveying all stands of trees and all tree hollows on the project site, examining any suitable openings for bats in trees or under loose bark for indirect evidence of bat use such as the presence of accumulations of invertebrate remains and/or the presence of excrement (guano) on the ground beneath such openings that would indicate roosting activity. If the building. on site is proposed to be removed or renovated, all eaves and openings in the buildings will also be examined for evidence of bats. If bats or signs of bats are found onsite, tree trimming and/or removal or building demolition should only be conducted during seasonal periods of bat activity: between August 31 and October 15, when bats would be able to fly,and feed independently, and between March 1 and April 15 to avoid hibernating bats, and prior to the formation of maternity colonies. Any trees that will be removed, and that the biologist has identified as having potentially suitable bat roost habitat, will be removed using a two-day phased removal method: • On day one, in the afternoon, limbs and branches should be removed using chainsaws only. Limbs with cavities, crevices, and deep bark fissures should be avoided. • On day two, the rest of the tree should be removed under the direct supervision of the biologist. • If tree removal or building demolition must occur outside of the seasonal activity periods mentioned above (i.e., between October 16 and February 28/29, or between April 16 and April 30), then a qualified biologist, one with at least two years of experience surveying for bats, should do preconstruction surveys within 14 days of starting work. If the qualified biologist finds evidence of bat presence during the surveys, then they will develop a plan for removal and exclusion, in conjunction with CDFW. Implementation of this measure would reduce impacts to bats to a level regarded as less than significant pursuant to CEQA. AQ/GHG EMISSIONS Commitments: The project, as recommended by BAAQMD, will include a "basic" set of best management practices (BMPs) to manage fugitive dust and consider impacts from dust to be less than significant if these BMPs are implemented (listed below). BAAQMD strongly encourages enhanced BMPs for construction sites near schools, residential areas, other sensitive land uses, or if the basic BMPs do not adequately reduce fugitive emissions below BAAQMD significance thresholds. • B-1: All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered twice per day. • B-2: All haul trucks transporting soil, sand, or other loose material off -site shall be covered. • B-3: All visible mud or dirt tracked 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. 6 B-4: All vehicle speeds on unpaved roads shall be limited to 15 mph. • B-5: All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. • B-6: All excavation, grading, and/or demolition activities shall be suspended when average wind speeds exceed 20 mph. • B-7: All trucks and equipment, including their tires, shall be washed off before leaving the site. • B-8: Unpaved roads providing access to sites located 100 feet or further from a paved road shall be treated with a 6- to 12-inch compacted layer of wood chips, mulch, or gravel. • B-9: Publicly visible signs shall be posted with the telephone number and name of the contact person regarding dust complaints. This person shall respond and take corrective - action within 48 hours. The Air District's General Air Pollution Complaints number shall also be visible. As stipulated in Section 6.2.1 of the BAAQMD CEQA Guidance, the planned residential community will not include natural gas appliances and instead install appliances which operate on electricity. Should you have any further questions or concerns, please feel free to contact me directly. Sincerely, City Ventures, LLC Northern California Division Pamela Nieting Vice President