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HomeMy WebLinkAbout499 E. Hamilton Ave o CAIN p7CEIc?ED v .., JUN .7 Public VV k% ,;,,11 ustration Development Review Committee (DRC) ROUTING SHEET X Building Division X Police Department X Fire District X Economic Development X Land Development X Traffic Engineer Project Address: 499 E. Hamilton Ave. Presentation 6/15 File No.: PLN2017 117:120 Completeness 6/22 S � i APN: 279-30-051 Conditions,6/29 Applicant: In-N-Out Burgers Property Owner: J.G. Dutra and Son Dtstribut�on 6/7' Project Description: Conditional Use Permit with Site and Architectural Submittal 1st Review to allow demolition of an existing restaurant (former Elephant Bar) and construction of a new 3,800 square-foot drive-through fast-food Planner DF restaurant with late-night hours and outdoor seating. 3 . DEPARTMENTAL RECOMMENDATION: If it can be determined that this project will require minimal or no comments by your department/agency, please return this comment sheet with your initials to the Project Planner as soon as possible. - Status Initial Condition's No Conditions Additional information/revisions (see attached) �'�'< (z t6117 MEMORANDUM CITY OF CAMPBELL TO: Daniel Fama, Senior Planner DATE: 07/2/18 FROM: Roger Storz, Senior Civil Engineer SUBJECT: DRC APPLICATION Site Address: 9, 0EHamilt©nvenue For File No(s): PLN2017-117:120 Project Description: Conditional Use Permit with Site and Architectural Review to allow demolition of an existing restaurant and construction of a new 3,800 square-foot drive-through fast-food restaurant with late-night hours and _ outdoor seating. Applicant: In-N-Out Burgers PUBLIC WORKS DEPARTMENT COMPLETENESS COMMENTS 1. Stormwater Management Plan—Update sheet C34 to include a Treatment Type column in the Drainage Areas table. It appears that DMA B is intended to be self-treating—is the intent that the impervious area run-off from DMA B be captured and treated by the pervious area within DMA B? If so, then document it on the plan. 2. Frontage Improvements-Revise the callout for the new Accessible compliant curb ramp at the northwest corner of Hamilton Avenue and Almarida Drive to reference Caltrans Standard Plan A88A Case A. Please note that the City specifies Wausau Terra pavers, ADA 2 -60 for the detectable warning surface in City ramps, which will be different than what the applicant uses on-site. • J:\LandDev\Completeness\Specific Projects\Hamilton Ave E 499 July 2019.docx Page 1 of 1 • oV•cq,�A L• `'RCFIAR9 ✓ FcF�wF0 Development Review Committee (DRC) p1/6/6 ��13?0 ROUTING SHEET Pkorks�°��o 18 �Straoon X Building Division Police Department X Fire District Economic Development iiaX ., 'ai-lasma'apaniat X Traffic Engineer Project Address: 499 E. Hamilton Ave. Presentation 6/21 Zoning/Area Plan: C-2 Completeness 6/28 File No.: PLN2017-117:120 Conditions: 7/5 APN: 279-30-051 _ Applicant: J.G. Dutra and Son Distribution 6/13 Property Owner: Kaushal Sakhia &Avni Mehta 'Submittal 3rd Application Type: Conditional Use Permit with Site and Architectural Review Project Description: Proposed construction of a new 3,800 square-foot drive- Planner DF` "A through fast-food restaurant (In-N-Out Burger) with late-night hours and outdoor seating. Note: The project site plan has been substantially modified to incorporate a double drive-through lane. DEPARTMENTAL RECOMMENDATION: If it can be determined that this project will require minimal or no comments by your department/agency, please return this comment sheet with your initials to the Project Planner as soon as possible. Status Initial Conditions No Conditions Additional information/revisions (see attached) 7 Z • `. r ! ' OC4,4 Lt A {jkCHARV' Development Review Committee (DRC) ROUTING SHEET X Building Division Police Department X Fire District Economic Development X Land Development X Traffic Engineer Project Address:4993E I ar itc`n ave Presentation: 9/21 File No.: PLN2017-117:120 Completenessl:9/28 APN: 279-30-051 Conditions: 10/5 Applicant: In-N-Out Burgers Property Owner:l.G. Dutra and Son Distribution: 9/15 Project Description: RESUBMITTAL of a Conditional Use Permit with Site and Submittal 2nd'_ Architectural Review to allow demolition of an existing restaurant (former Elephant Bar) and construction of a new 3,800 square-foot drive-through fast- Planner:DF food restaurant with late-night hours and outdoor seating. DEPARTMENTAL RECOMMENDATION: If it can be determined that this project will require minimal or no comments by your department/agency, please return this comment sheet with your initials to the Project Planner as soon as possible. Status, k0\ Cr-A5MCNS Initial -)( Conditions v VD/2-(1? No Conditions f✓lk_-n C tit IC J C4\) . Additional information/revisions (see attached) MEMORANDUM CITY OF CAMPBELL TO: Daniel Fama, Senior Planner DATE: 10/2/17 FROM: Roger Storz, Senior Civil Engineer CC: Reina Antonio,Assistant Engineer SUBJECT: DRC APPLICATION Site Address: 499 E. Hamilton Avenue For File No(s): PLN2017-117:120 Project Description: Conditional Use Permit with Site and Architectural Review to allow demolition of an existing restaurant and construction of a new 3,800 square-foot drive-through fast-food restaurant with late-night hours and outdoor seating. - • Applicant: In-N-Out Burgers PUBLIC WORKS DEPARTMENT DRAFT CONDITIONS OF APPROVAL These DRAFT Conditions of Approval are provided as a courtesy to the applicant. FINAL Public Works Conditions of Approval will not be issued until the project TIA has been completed. 1. Construction.Drawings: The applicant shall submit the required Street Improvement Plans, Street Dedication, and Grading and Drainage plans directly to the Public Works Department prior to, or concurrent with the Building permit application. Said application shall include the following: a. Response Letter: Upon submittal of the Street Improvement Plans, Street Dedication; and Grading and Drainage plans the applicant shall provide an itemized response letter verifying that all the Public Works Conditions of Approval have been met or addressed. b. Submittal Requirements: The checklist for the various plans required for submittal can be found on the City's Website at City Services Public Works Engineering Land Development Documents, (or use this link: http://www.cityofcampbell.com/206/Documents). See instructions on: i. Checklist for Street Improvement Plans ii. Checklist for Grading and Drainage Plans iii. Street Dedication Requirements 2. Right-of-Way for Public Street Purposes: Prior to issuance of any building permits for the site, the applicant shall fully complete the process to cause additional right-of-way to be granted in fee for public street purposes along the Almarida Drive frontage to accommodate J:\IandDev\Conditions\Phig\Hamilton Ave E 499.docx Page 1 of 5 499 E. Hamilton Avenue (PLN2017-117:120) the required street improvements, unless otherwise approved by the City Engineer. The applicant shall submit the necessary documents for approval by the City Engineer, process the submittal with City staff's 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. 3. 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) peiiuit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding stouuiwater 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 stoiiuwater runoff to the bay. Resources to achieve these objectives include Stormwater Best Management Practices Handbook for New Development and Redevelopment ("CA BMP Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for Stormwater Quality Protection ("Start at the Source")by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Stormwater Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. Upon submission of the preliminary site/grading plans, the applicant shall calculate and submit to the City the amount of impervious surface created by the development including the types of stormwater controls to be used. The applicant shall submit preliminary sizing and design showing stormwater controls meet the City's requirements. Prior to issuance of any grading or building permits: a. The applicant's designer or engineer shall submit the required certification indicating that sizing, selection, and design of treatment BMP's for the project site has been completed to meet the requirements of the City of Campbell's NPDES peuuiit, No. 01-119,Provision C.3. b. The applicant shall sign the "Covenants for the Operation and Maintenance of Stoiuiwater Facilities" and submit a Stormwater Management Plan. Prior to occupancy: a. A qualified BMP certifier is required to inspect the stormwater management facilities, submit a complete set of as-built drawings to Public Works Engineering, and certify on these drawings that: 1. The stoiniwater management facilities were constructed in compliance with the approved plans. 2. The as-built drawings show all pertinent constructed dimensions, elevations, shapes, and materials. 3. All variations in construction from the approved design plan have been identified, including omissions to and additions from the approved plan. J:\LandDev\Conditions\P1ng\Hamilton Ave E 499.docx Page 2 of 5 • • 499 E. Hamilton Avenue (PLN2017-117:120) .4. Any changes are in conformance with local, state, or federal regulations. 4.. Street Improvement Agreements / Plans / Encroachment Permit / Fees / Deposits: Prior to issuance of any building penults, 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 peuuit 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: East Hamilton Avenue a. Show location of all existing utilities within the new and existing public right of way. b. Installation of Accessible-compliant curb ramp at the northwest corner of E. Hamilton Avenue and Almarida Drive. c. Reconstruction of existing driveway, and repair of existing sidewalk as determined by the City Engineer. d. Replace existing landscaping in the park strip with no mow (fine fescue and hair grass Deschampsia) turf, and verify existing irrigation is operational or repair as needed. Subsurface drip irrigation is preferred, however existing mature tree roots may not allow for installation of drip irrigation. e. Upgrade existing streetlight fixtures to LED. f. Installation of full trash capture device in existing storm drain inlet, StoiiiiTek ST3G or approved equal. g. Installation of asphalt concrete overlay per street pavement restoration plan for utility • - installation and/or abandonment, as required by the City Engineer. h. Installation of traffic control, stripes and signs. i. Construction of conforms to existing public and private improvements, as necessary. Almarida Drive j. Show location of all existing utilities within the,existing public right of way. k. Relocation of existing traffic signal controller cabinet and associated PG&E meter cabinet to the back of the widened Almarida Drive sidewalk just beyond the return. 1. Removal and reconstruction of existing driveway approach on Almarida Drive to be Accessible compliant. m. Installation of City standard curb, gutter, commercial sidewalk and ADA compliant driveway approach. Installation of engineered structural pavement section to centerline, as required by the City Engineer. . n. Plant new street trees along the Almarida Drive frontage in 4 foot by 6 foot tree wells. Species shall be Koelreuteria paniculata "Golden Rain Tree", and size shall be 24 inch box. All street trees shall be tied into the on-site irrigation system. J:\LandDev\Conditions\Ping\Hamilton Ave E 499.docx Page 3 of 5 ► . 499 E. Hamilton Avenue (PLN2017-117:120) o. Installation of asphalt concrete overlay per street pavement restoration plan for utility installation and/or abandonment, as required by the City Engineer. p. Installation of traffic control, stripes and signs, including but not limited to: q. Upgrade existing streetlight fixtures to LED. r. Construction of conforms to existing public and private improvements, as necessary. s. Submit final plans in a digital format acceptable to the City. 5. Street Improvements Completed for Occupancy and Building Penult Final: Prior to allowing occupancy and/or final building permit signoff for any and/or all buildings, the applicant shall have the required street improvements and pavement restoration installed and accepted by the City, and the design engineer shall submit as-built drawings to the City. 6. 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. 7. 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. 8. 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. 9. 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. 10. Pavement Restoration: Based on the utility coordination plan, the applicant shall prepare a pavement restoration plan for approval by the City Engineer prior to any utility installation or abandonment. Streets that have been reconstructed or overlaid within the previous five years will require boring and jacking for all new utility installations. The.project's frontage along East Hamilton Avenue and Ahnarida Drive have not been reconstructed or overlaid in the last 5 years. The pavement restoration plan shall indicate how the street pavement shall be restored following the installation or abandonment of all utilities necessary for the project. 11. 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. J:\LandDev\Conditions\Plug\Hamilton Ave E 499.docx Page 4 of 5 n 499 E. Hamilton Avenue (PLN2017-117:120) 12. Traffic Mitigation: Prior to issuance of any grading or building permits for the site,, the applicant shall satisfy the following traffic mitigation measures: 13. Trash Enclosure Requirements: 1. NPDES Peiiiiit No. CAS612008 (CRWQCB): C.3.a.i. (7): - For all new development and redevelopment projects that are subject to the Peiiiiittee's planning,building, development, or other comparable review,but not regulated by Provision C.3, encourage the inclusion of adequate source control measures to limit pollutant generation, discharge, and runoff. These source control measures should include: o Covered trash, food waste, and compactor enclosures. 2. Campbell Municipal Code 14.02.030 "Stormwater Pollution Control/ Requirements". The code states that no pollutants or water containing pollutants can be discharged into the City's storm drain system. Trash enclosures contain pollutants. During a rain event(or during general cleaning)water washes over and into roofless enclosures, collecting pollutants and discharging to.the City's storm drain system. Applicants are required to show how new trash enclosures will not discharge pollutants into the storm drain system. One possible method is to provide a sanitary drain in the trash enclosure. 3. West Valley Sanitation District(WVSD) the local sanitary sewer agency's authority and standards: If a sanitary connection will be installed,WVSD requires a roof on the enclosure. J:\LandDev\Conditions\PinglHamilton Ave E 499.docx Page 5 of 5 MEMORANDUM CITY OF CAMPBELL TO: Daniel Fama, Senior Planner DATE: 06/16/17 FROM: Roger Storz, Senior Civil Engineer � 7 CC: Reins Antonio,Assistant Engineer SUBJECT: DRC APPLICATION • Site Address: 499 E. Hamilton Avenue For File No(s): .PLN2017-117:120 Project Description: Conditional Use Permit with Site and Architectural Review to allow demolition of an existing restaurant and construction of a new 3,800 square-foot drive-through fast-food restaurant with late-night hours and outdoor seating. Applicant: In-N-Out Burgers PUBLIC WORKS DEPARTMENT COMPLETENESS COMMENTS 1. Site Grades—The plans show grades/ elevations as either 180±feet or as 80± feet. Assuming you are using a City benchmark, all elevations should be 180± feet. Please confirm the project benchmark and revise elevations as appropriate. 2. Traffic Signal Controller Cabinet—Revise the plans to show the existing traffic signal controller cabinet and the associated PG&E meter cabinet to be relocated to the back of the widened Almarida Drive sidewalk. By placing the cabinets at the back of the new sidewalk it will keep them within the new right-of-way (no additional easements required), while allowing pedestrians adequate clearance between the front of the cabinets and the curb. 3. Streetlights—Revise the plans to show the four existing streetlights along the project frontage as being upgraded to LED fixtures. 4. Water Meters—Revise sheet C33 to show the water meters being on-site,behind the new right-of-way line. 5. Trash Capture—Revise Sheet C33 to include trash capture inserts (KriStar FloGard or equivalent) in all on-site storm drain catchbasins, and a full trash capture screen to be installed in the existing storm drain catchbasin along E. Hamilton Avenue. 6. Stormwater Management Plan=Revise sheet C34 to include the detailed calculations documenting the required storage volume, as well as detailed calculations demonstrating how the proposed infiltration pipe, and drain rock?, satisfies the previously calculated treatment volume. Submit a soils report documenting that the existing soil conditions are conducive to infiltration. 7. Hamilton Avenue Landscaped Park Strip—Revise sheet LP.l to be consistent with the adopted Image Streetscape standards by updating the existing landscaping in the park J:\LandDev\Completeness\Specific Projects\Hamilton E 499.docx Page 1 of 6. 499 E. Hamilton Avenue (PLN2017-117:120) strip with no niow (fine fescue and hair grass Deschampsia) turf. Subsurface drip irrigation is preferred; however the existing mature tree roots may impede the installation of the drip irrigation system. Rather than risk the health of the mature trees, refurbishment of the existing irrigation system would be acceptable. 8. Tree wells - Revise the plans to show the proposed tree wells along Almarida Drive as each being 6 feet long to accommodate more room for the tree roots. Eliminate the proposed tree well closest to East Hamilton Avenue. Street tree species along Almarida Drive will be deteiiiiined by the City Arborist. Add note that tree wells are to be tied into on-site irrigation system. PUBLIC WORKS DEPARTMENT DRAFT CONDITIONS OF APPROVAL These DRAFT Conditions of Approval are provided as a courtesy to the applicant. FINAL Public Works Conditions of Approval will not be issued until the project TIA has been completed. 1: Construction Drawings: The applicant shall submit the required Street Improvement Plans, Street Dedication, and Grading and Drainage plans directly to the Public Works Department prior to, or concurrent with the Building permit application. Said application shall include the following: • a. Response Letter: Upon submittal of the Street Improvement Plans, Street Dedication, and Grading and Drainage plans the applicant shall provide an itemized response letter verifying that all the Public Works Conditions of Approval have been met or addressed. b. Submittal Requirements: The checklist for the various plans required for submittal can be - found on the City's Website at City Services►Public- Works►Engineering►Land Development►Documents, (or use this link: http://www.cityofcampbell.com/206/Documents). See instructions on: i. Checklist for Street Improvement Plans ii. Checklist for Grading and Drainage Plans iii. Street Dedication Requirements 2. Right-of-Way for Public Street Purposes: Prior to issuance of any building permits for the site, the applicant shall fully complete the process to cause additional right-of-way to be granted in fee for public street purposes along the Almarida Drive frontage to accommodate the required street improvements, unless otherwise approved by the City Engineer. The applicant shall submit the necessary documents for approval by the City Engineer, process the submittal with City staff's 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. 3. Stoinnwater Pollution Prevention Measures: Prior to issuance of any grading or building peiiuits, the applicant shall comply with the National Pollution Discharge Elimination J:\IandDev\Completeness\Specific Projects\Hamilton E 499.docx Page 2 of 6 499 E. Hamilton Avenue (PLN2017-117:120) System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding stormwater pollution prevention. Specifically the project must include source control, site design and treatment measures to achieve compliance with Provision C.3. of the NPDES Permit. Measures may include, but are not limited to, minimization of impervious surface area, vegetated swales, infiltration areas, and treatment devices. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay. Resources to achieve these objectives include Stormwater Best Management Practices Handbook for New Development and Redevelopment ("CA BMP Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for Stormwater Quality Protection ("Start at the Source") by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Stonnwater Quality: A Companion Document to Start at the Source ("Using Site Design Techniques")by BASMAA, 2003. Upon submission of the.preliminary site/grading plans, the applicant shall calculate and submit to the City the amount of impervious surface created by the development including the types of stoiniwater controls to be used. The applicant shall submit preliminary sizing and design showing stormwater controls meet the City's requirements. Prior to issuance of any grading or building permits: a. The applicant's designer or engineer shall submit the required certification indicating that sizing, selection, and design of treatment BMP's for the project site has been completed to meet the requirements of the City of Campbell's NPDES permit, No. 01-119, Provision C.3. b. The applicant shall sign the "Covenants for the Operation and Maintenance of Stormwater Facilities" and submit a Stormwater Management Plan. Prior to occupancy: a. A qualified BMP certifier is required to inspect the stormwater management facilities, submit a complete set of as-built drawings to Public Works Engineering, and certify on these drawings that: 1. The stormwater management facilities were constructed in compliance.with the approved plans. 2. The as-built drawings show all pertinent constructed dimensions, elevations, shapes, and materials. 3. All variations in construction from the approved design plan have been identified, including omissions to and additions from the approved plan. 4. Any changes are in conformance with local, state, or federal regulations. 4. Street Improvement Agreements / Plans / Encroachment Permit / Fees / Deposits: Prior to issuance of any building permits, 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 J:\LandDev\Completeness\Specific Projects\Hamilton E 499.docx . Page 3 of 6 499 E. Hamilton Avenue (PLN2017-117:120) by the City Engineer. The plans shall include the following,unless otherwise approved by the City Engineer: - East Hamilton Avenue a. Show location of all existing utilities within the new and existing public right of way. b. Installation of Accessible compliant curb ramp at the northwest corner of E. Hamilton Avenue and Almarida Drive. c. Reconstruction of existing driveway, and repair of existing sidewalk as determined by the City Engineer. d. Replace existing landscaping in the park strip with no mow (fine fescue and hair grass Deschampsia) turf, and verify existing irrigation is operational or repair as needed. Subsurface drip irrigation is preferred, however existing mature tree roots may not allow for installation of drip irrigation. e. Upgrade existing streetlight fixtures to LED. f. Installation of full trash capture device in existing storm drain inlet. g. Installation of asphalt concrete overlay per street pavement restoration plan for utility installation and/or abandonment, as required by the City Engineer. h. Installation of traffic control, stripes and signs. i. Construction of conforms to existing public and private improvements, as necessary. Almarida Drive j. Show location of all existing utilities within the existing public right of way. k. Relocation of existing traffic signal controller cabinet and associated PG&E meter cabinet to the back of the widened Almarida Drive sidewalk just beyond the return. 1. Removal and reconstruction of existing driveway approach on Almarida Drive to be Accessible compliant. m. Installation of City standard curb, gutter, commercial sidewalk and ADA compliant driveway approach. Installation of engineered structural pavement section to centerline, as required by the City Engineer. n. Plant new street trees along the Almarida Drive frontage in 4 foot by 6 foot tree wells. All street trees shall be tied into the on-site irrigation system. o. Installation of asphalt concrete overlay per street pavement restoration plan for utility installation and/or abandonment, as required by the City Engineer. p. Installation of traffic control, stripes and signs, including but not limited to: q. Upgrade existing streetlight fixtures to LED. r. Construction of conforms to existing public and private improvements, as necessary. s. Submit final plans in a digital format acceptable to the City. 5. Street Improvements Completed for Occupancy and Building Peiiuit Final: Prior to allowing occupancy and/or final building peuuuit signoff for any and/or all buildings, the. applicant J:\LandDev\Completeness\Specific Projects\Hamilton E 499.docx Page 4 of 6 499 E. Hamilton Avenue (PLN2017-117:120) 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. 6. 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. 7. 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. 8. 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. 9. 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. 10. Pavement Restoration: Based on the utility coordination plan, the applicant shall prepare a pavement restoration plan for approval by the City Engineer prior to any utility installation or abandonment. Streets that have been reconstructed or overlaid within the previous five years will require boring and jacking for all new utility installations. The project's frontage along East Hamilton Avenue and Almarida Drive have not been reconstructed or overlaid in the. last 5 years. The pavement restoration plan shall indicate how the street pavement shall be restored following the installation or abandonment of all utilities necessary for the project. 11. 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. 12. Traffic Mitigation: Prior to issuance of any grading or building permits for the site, the applicant shall satisfy the following traffic mitigation measures: 13. Trash Enclosure Requirements: 1. NPDES Permit No. CAS612008 (CRWQCB): C.3.a.i. (7): For all new development and redevelopment projects that are subject to the Permittee's , planning,building, development, or other comparable review, but not regulated by Provision C.3, encourage the inclusion of adequate source control measures to limit J:\LandDev\Completeness\Specific Projects\Hamilton E 499.docx Page 5 of 6 499 E. Hamilton Avenue (PLN2017-117:120) pollutant generation, discharge, and runoff. These source control measures should include: o Covered trash, food waste, and compactor enclosures. 2. Campbell Municipal Code 14.02.030 "Stormwater Pollution Control / Requirements". The code states that no pollutants or water containing pollutants can be discharged into the City's storm drain system. Trash enclosures contain pollutants. During a rain event (or during general cleaning) water washes over and into roofless enclosures, collecting pollutants and discharging to the City's storm drain system. Applicants are required to show how new trash enclosures will not discharge pollutants into the storm drain system. One possible method is to provide a sanitary drain in the trash enclosure. 3. West Valley Sanitation District (WVSD) the local sanitary sewer agency's authority and standards: If a sanitary connection will be installed,WVSD requires a roof on the enclosure. • • • • • • J:\LandDev\Completeness\Specific Projects\Harnilton E 499.docx Page 6 of 6 Land Development Information sheet Prepared by: MS APN: 279-30-051 Date: 6/8/17 Address: 499 E.Hamilton Ave. Lot size: 52.694(SF) Any found records of building permits in last five years? Yes O (provide info below)No Was permit issued? Yes❑ (provide info below)No El if cs: Permit Number: Nature 01 \\ If this project is part of a larger development(new subdivision,new townhomes)or commercial development, skip A through D. Demolish Elephant Bar restaurant and construct 3.800 SF fast food restaurant A. Existing building area(SF): 8.355 B. Proposed additional area(SF): -4,543 (Use the area from five years back) C. Total area w/addition(A+B): 3.812 D.Percent increase(B/A): (if less than 50%,stop research) Tract or Parcel Map: PM 293-M-2 (Tract#or book&page) Date recorded: November 18, 1971 Any found records of Storm Drain Area fee previously paid? Yes® (provide info below) No❑ (Fee initiated for residential subdivisions 4 8/15/55;all developments 4 5/16/60) (file#&address or LID#): N/A Date paid: N/A 1. .,..- 1);,,,i, '�ii'_ i�' �i %CI 1 ",' e (1., le uCPC) Within STANP? Yes O No® (check one) STANP property location Requirements: Curb❑ Gutter O Sidewalk O Rolled curb O None❑ N/A Existing improvements present? Curb® Gutter ® Sidewalk® Rolled curb O (check all that apply) Sidewalk dimension(BOW to FOW): Hamilton: 7' Park strip dimension(FOW to BOC): 10' Sidewalk dimension(BOW to FOW): Almarida: 6.5' Park strip dimension(FOW to BOC): NL Driveway dimension(s): Hamilton: 28' D/W ADA compliant? Yes® No❑ N/A ❑ Driveway dimension(s): Almarida: 25.5' D/W ADA compliant? Yes O No® N/A El Driveway dimension(s): Almarida: 25' D/W ADA compliant? Yes O No® N/A El Ramp ADA compliant? Yes O No O N/A ❑ Street ROW half width(CL to PL): Hamilton: 67' Date that street had been resurfaced: April 2008 Street ROW half width(CL to PL): Almarida: 30' Date that street had been resurfaced: Before June 2003 Street light info: JP O older pole O galvanized pole Ej Water meter and sewer cleanout info: Located next to North driveway alone Almarid a. SCO not found. SD inlet and/or manhole(relation to frontage): Refer to Storm Drain System Map Electrical panel relocation? Yes O No O NA Overhead lines fronting property? O Yes ®No A.Roadway Classification: Arterial or Collector 0 Local B.Commercial structure or subdivision of 5 or more? ®Yes 0 No Utility undergrounding required? ❑Yes ®No Provide details and attach pictures(8.5x11),assessors map(11x17),tract map,aerial map(8.5 x 11),and WVSD SD system map(8.5x11) 499 East Hamilton Avenue M.S. 6/8/2017 Amite.' r, .- TT .. g , a.i i2fir :0000 1_ fir, �I 1 £ e , SW 6.5' . /// " 't ,. Sidewalk view along Almarida with northern Water meter located next to northern non-ADA driveway, facing south driveway along Almarida, facing south h i _� FM r I li kil ri • r tll '' 4 7 f %/�i/i� fw„ .,fir. Y !.7 f.� rC u •. r .y f 7 S jt E.,3 Galvanized Streetlight Sidewalk view along Almarida with southern non-ADA driveway, facing south - *- _ I / s/r '41-.w} i n. �:Z �.- '' T i il(I I1. Jill ) tili:r t / - s"I Signal d , 40 73 Y 19 Service _ . r,, . W'1' . Traffic signal pullbox Traffic controller box, with service pullbox and traffic signal pullboxes Page 1 of 3 499 East Hamilton Avenue M.S. 6/8/2017 Jy�yy1' I, 1 4 ., a , r - _ cti Lam { e�:a Electrical meter box Sidewalk view along Almarida, facing north 1pr"--- §,.A. ,i. m Ito • . , I •Non-ADA ramp Sidewalk view along Hamilton, facing east ►1,• ... , ir4. , ,_ , , i,„ ...;1.7„.,,,_. , \ Storm drain inlet located on Hamilton Traffic signal and service pullboxes Page 2 of 3 499 East Hamilton Avenue M.S. 6/8/2017 R _ TV Cable z k. .a ` ri• .• i, 1i ' Pacific Bell \ Hectr! 1 r Sidewalk view along Hamilton with ADA Pacific Bell, electrical, and TV cable pullboxes compliant driveway, facing east 1 Page 3 of 3 W a I i Ili a t I I ' .1 MIL J. I I IIP '` " I II I ► _ I I . I`' I NOW ) x ; t �I., ..__ _ �,., _ ,• ww .._ ® ( .__ cityo [lll • . I I i Icy , 1 I ' tt' 4 '', I.. r I I f , .e x O I. Z 4r 1 I E . , , ..., . -,1 p,' • fir_ I 4 _,., • • ! i I t,' la , - • ....4"..........:, , _afsisffst Ji.,.... e-, -^ -at t 0 -, cti '' lorw„,, , ,..... ,r, • .... lir ' : ..lo M..D„ rai. / —27. ,DRIVE � • ! . n g . \ ,..* i 4' 4 k ... irir Pr. . ,‘ I".AIPIP:,. .4.. .,,,, r r4r, =a-f-N.,4111P,Ink .'.,`'' 4 i—w-4r-.,-.1'211 t* �_� _ _ r I F •ice. 1 fir. 1 ' I ( I �4_ ,` 1 _ i a C w , a4� . , Form No. 1068-2 Commitment No.:NCS-832950-SA1 ALTA Plain Language Commitment Page Number:1 First American Title Insurance Company National Commercial Services 18500 Von Karman Ave,Suite 600 Irvine, CA 92612 January 31, 2017 Lori Brazzill In-N-Out Burgers 13502 Hamburger Lane Baldwin Park, CA 91706-5885 Phone: (626)813-7363 Fax: (626)338-9173 Customer Reference: 499 East Hamilton Avenue Title Officer: Jeffery Paschal Phone: (949)885-2481 Email: JPaschal@firstam.com Order Number: NCS-832950-SA1 Property: 499 East Hamilton Avenue, Campbell, CA Attached please find the following item(s): Commitment Thank You for your confidence and support. We at First American Title Insurance Company maintain the fundamental principle: Customer First! First American Title Insurance Company Form No. 1068-2 Commitment No.:NCS-832950-SA1 ALTA Plain Language Commitment Page Number:2 First American Title Insurance Company INFORMATION The Title Insurance Commitment is a legal contract between you and the company. It is issued to show the basis on which we will issue a Title Insurance Policy to you. The Policy will insure you against certain risks to the land title, subject to the limitations shown in the policy. The Company will give you a sample of the Policy form, if you ask. The Commitment is based on the land title as of the Commitment Date. Any changes in the land title or the transaction may affect the Commitment and the Policy. The Commitment is subject to its Requirements, Exceptions and Conditions. This information is not part of the title insurance commitment. TABLE OF CONTENTS Page Agreement to Issue Policy 3 Schedule A 1. Commitment Date 4 2. Policies to be Issued, Amounts and Proposed Insured 4 3. Interest in the Land and Owner 4 4. Description of the Land 4 Schedule B-1 - Requirements Schedule B-2 - Exceptions Conditions YOU SHOULD READ THE COMMITMENT VERY CAREFULLY. If you have any questions about the Commitment, please contact the issuing office. Form No. 1068-2 Commitment No.:NCS-832950-SA1 ALTA Plain Language Commitment Page Number:3 COMMITMENT FOR TITLE INSURANCE Issued by First American Title Insurance Company Agreement to Issue Policy We agree to issue a policy to you according to the terms of this Commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-1. The Exceptions in Schedule B-2. The Conditions. This Commitment is not valid without Schedule A and Sections 1 and 2 of Schedule B. Form No. 1068-2 Commitment No.:NCS-832950-SA1 ALTA Plain Language Commitment Page Number:4 SCHEDULE A 1. Commitment Date: January 20, 2017 at 7:30 A.M. 2. Policy or Policies to be issued: Amount (A) ALTA Owner's Policy $6,000,000.00 ALTA Extended Leasehold Owners Policy Proposed Insured: In-N-Out Burgers, a California corporation (B) ALTA Loan Policy $To Be Determined ALTA Extended Leasehold Loan Policy Proposed Insured: To Be Determined 3. (A) The estate or interest in the land described in this Commitment is: FEE (B) Title to said estate or interest at the date hereof is vested in: J.G. Dutra &Son, a general partnership 4. The land referred to in this Commitment is situated in the City of Campbell, County of Santa Clara, State of California, and is described as follows: PARCEL A, AS SHOWN ON THAT PARCEL MAP FILED NOVEMBER 18, 1971 IN MAP BOOK 293, PAGE 2, SANTA CLARA COUNTY RECORDS. EXCEPTING THEREFROM ALL THAT CERTAIN REAL PROPERTY CONVEYED IN THE GRANT DEED TO THE CITY OF CAMPBELL, A MUNICIPAL CORPORATION, OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, RECORDED FEBRUARY 3, 1998 AS DOCUMENT NO. 14038220 OF OFFICIAL RECORDS, FOR PUBLIC STREET AND RELATED PURPOSES, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF PARCEL A, AS FIRST DESCRIBED HEREINABOVE; THENCE ALONG THE SOUTH LINE OF SAID PARCEL A, SOUTH 89° 59' 53" EAST, 202.00 FEET; THENCE EASTERLY, NORTHEASTERLY, AND NORTHERLY ALONG A TANGENT CURVE TO THE LEFT, WITH A RADIUS OF 20.00 FEET, THROUGH A CENTRAL ANGLE OF 90° 32' 56", AN ARC LENGTH OF 31.61 FEET TO THE WEST RIGHT-OF-WAY LINE OF ALMARIDA DRIVE; THENCE ALONG SAID WEST RIGHT-OF-WAY LINE, NORTH 00° 32'48" WEST, 7.00 FEET TO A POINT OF CUSP; THENCE SOUTHERLY, SOUTHWESTERLY, AND WESTERLY ALONG A CURVE TO THE RIGHT, TANGENT TO LAST SAID COURSE, WITH A RADIUS OF 20.00 FEET, THROUGH A CENTRAL ANGLE OF 90° 32'56", AN ARC LENGTH OF 31.61 FEET TO A LINE PARALLEL WITH AND 7.00 FEET NORTHERLY OF, BEING MEASURED AT RIGHT ANGLES TO, THE SAID SOUTH LINE OF PARCEL A; THENCE ALONG SAID PARALLEL LINE, NORTH 89° 59'53" WEST, 201.99 FEET TO THE WEST LINE OF SAID PARCEL A; THENCE ALONG SAID WEST LINE, SOUTH 00° 27' Form No. 1068-2 Commitment No.:NCS-832950-SA1 ALTA Plain Language Commitment Page Number:5 53" EAST, 7.00 FEET TO THE SAID POINT OF BEGINNING. BEING THE SAME PROPERTY SHOWN AS "PTN. PARCEL A" ON THAT CERTAIN RECORD OF SURVEY, RECORDED SEPTEMBER 16, 1998 IN MAP BOOK 707, PAGE 52, SANTA CLARA COUNTY RECORDS. APN: 279-30-051 Form No. 1068-2 Commitment No.:NCS-832950-SA1 ALTA Plain Language Commitment Page Number:6 SCHEDULE B SECTION ONE REQUIREMENTS The following requirements must be met: (A) Pay the agreed amounts for the interest in the land and/or the mortgage to be insured. (B) Pay us the premiums, fees and charges for the policy. (C) Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed, delivered and recorded. (D) You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions. (E) Releases(s) or Reconveyance(s) of Item(s): None (F) Other: None (G) You must give us the following information: 1. Any off record leases, surveys, etc. 2. Statement(s) of Identity, all parties. 3. Other: None The following additional requirements, as indicated by "X", must be met: [X] (H) Provide information regarding any off-record matters, which may include, but are not limited to: leases, recent works of improvement, or commitment statements in effect under the Environmental Responsibility Acceptance Act, Civil Code Section 850, et seq. The Company's Owner's Affidavit form (as provided by company) must be completed and submitted prior to close in order to satisfy this requirement. This Commitment will then be subject to such further exceptions and/or requirements as may be deemed necessary. [X] (I) An ALTA/NSPS survey of recent date, which complies with the current minimum standard detail requirements for ALTA/NSPS land title surveys, must be submitted to the Company for review. This Commitment will then be subject to such further exceptions and/or requirements as may be deemed necessary. [] (J) The following LLC documentation is required: (i) a copy of the Articles of Organization (ii) a copy of the Operating Agreement, if applicable (iii) a Certificate of Good Standing and/or other evidence of current Authority to Conduct Business within the State (iv) express Company Consent to the current transaction Form No. 1068-2 Commitment No.:NCS-832950-SA1 ALTA Plain Language Commitment Page Number:7 [X] (K) The following partnership documentation is required : (i) a copy of the partnership agreement, including all applicable amendments thereto (ii) a Certificate of Good Standing and/or other evidence of current Authority to Conduct Business within the State (iii) express Partnership Consent to the current transaction [] (L) The following corporation documentation is required: (i) a copy of the Articles of Incorporation (ii) a copy of the Bylaws, including all applicable Amendments thereto (iii) a Certificate of Good Standing and/or other evidence of current Authority to Conduct Business within the State (iv) express Corporate Resolution consenting to the current transaction [X] (M) Based upon the Company's review of that certain partnership/operating agreement dated Not disclosed for the proposed insured herein, the following requirements must be met: Any further amendments to said agreement must be submitted to the Company, together with an affidavit from one of the general partners or members stating that it is a true copy, that said partnership or limited liability company is in full force and effect, and that there have been no further amendments to the agreement. This Commitment will then be subject to such further requirements as may be deemed necessary. [] (N) A copy of the complete lease, as referenced in Schedule A, #3 herein, together with any amendments and/or assignments thereto, must be submitted to the Company for review, along with an affidavit executed by the present lessee stating that it is a true copy, that the lease is in full force and effect, and that there have been no further amendments to the lease. This Commitment will then be subject to such further requirements as may be deemed necessary. [X] (0) Approval from the Company's Underwriting Department must be obtained for issuance of the policy contemplated herein and any endorsements requested thereunder. This Commitment will then be subject to such further requirements as may be required to obtain such approval. [] (P) Potential additional requirements, if ALTA Extended coverage is contemplated hereunder, and work on the land has commenced prior to close, some or all of the following requirements, and any other requirements which may be deemed necessary, may need to be met: [] (Q) The Company's "Indemnity Agreement I" must be executed by the appropriate parties. [] (R) Financial statements from the appropriate parties must be submitted to the Company for review. [] (S) A copy of the construction contract must be submitted to the Company for review. [] (T) An inspection of the land must be performed by the Company for verification of the phase of construction. [] (U) The Company's "Mechanic's Lien Risk Addendum" form must be completed by a Company employee, based upon information furnished by the appropriate parties involved. Form No. 1068-2 Commitment No.:NCS-832950-SA1 ALTA Plain Language Commitment Page Number:8 SCHEDULE B SECTION TWO EXCEPTIONS Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction. The printed exceptions and exclusions from the coverage of the policy or policies are set forth in Exhibit A attached. Copies of the policy forms should be read. They are available from the office which issued this Commitment. 1. General and special taxes and assessments for the fiscal year 2017-2018, a lien not yet due or payable. 2. General and special taxes and assessments for the fiscal year 2016-2017. First Installment: $24,858.94, Paid Penalty: $0.00 Second Installment: $24,858.94, Open Penalty: $0.00 Tax Rate Area: 10-025 A. P. No.: 279-30-051 (Portion of Community Facilities District included) 3. The lien of defaulted taxes for the fiscal year 2015, and any subsequent delinquencies. Tax Rate Area: 10-025 A. P. No.: 279-30-051 Amount to redeem: $58,983.13 Valid through: January 2017 Amount to redeem: $59,716.49 Valid through: February 2017 Please contact the tax office to verify the payoff amount. 4. The lien of special tax assessed pursuant to Chapter 2.5 commencing with Section 53311 of the California Government Code for Community Facilities District No. 2013-1, as disclosed by Notice of Special Tax Lien recorded January 22, 2014 as Instrument No. 22502535 of Official Records. 5. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 6. Terms and provisions of an unrecorded lease dated May 22, 1997, by and between J.G. Dutra & Son, a California general partnership as lessor and S.B. Restaurant Co., a California corporation as lessee, as disclosed by a Memorandum of Lease recorded December 05, 2002 as 16664352 of Official Records. Defects, liens, encumbrances or other matters affecting the leasehold estate, whether or not shown by the public records are not shown herein. Form No. 1068-2 Commitment No.:NCS-832950-SA1 ALTA Plain Language Commitment Page Number:9 7. Any facts, rights, interests or claims which would be disclosed by a correct ALTA/NSPS survey. 8. Rights of parties in possession. Form No. 1068-2 Commitment No.:NCS-832950-5A1 ALTA Plain Language Commitment Page Number:10 INFORMATIONAL NOTES 1. According to the latest available equalized assessment roll in the office of the county tax assessor, there is located on the land a(n) Commercial Structure known as 499 east hamilton avenue, Campbell, California. 2. According to the public records, there has been no conveyance of the land within a period of twenty-four months prior to the date of this report, except as follows: None 3. This preliminary report/commitment was prepared based upon an application for a policy of title insurance that identified land by street address or assessor's parcel number only. It is the responsibility of the applicant to determine whether the land referred to herein is in fact the land that is to be described in the policy or policies to be issued. The map attached, if any, may or may not be a survey of the land depicted hereon. First American Title Insurance Company expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. *****To obtain wire instructions for deposit of funds to your escrow file please contact your Escrow Officer.***** Form No. 1068-2 Commitment No.:NCS-832950-SA1 ALTA Plain Language Commitment Page Number:11 CONDITIONS 1. DEFINITIONS (a)"Mortgage" means mortgage, deed of trust or other security instrument. (b)"Public Records" means title records that give constructive notice of matters affecting the title according to the state law where the land is located. 2. LATER DEFECTS The Exceptions in Schedule B - Section Two may be amended to show any defects, liens or encumbrances that appear for the first time in the public records or are created or attached between the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B - Section One are met. We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: comply with the Requirements shown in Schedule B - Section One or eliminate with our written consent any Exceptions shown in Schedule B - Section Two. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this commitment and is subject to its terms. Form No. 1068-2 Commitment No.:NCS-832950-SA1 ALTA Plain Language Commitment Page Number:12 First American Title Privacy Information We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future,we may ask you to provide us with certain information.We understand that you may be concerned about what we will do with such information-particularly any personal or financial information.We agree that you have a right to know how we will utilize the personal information you provide to us.Therefore,together with our subsidiaries we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information that you provide to us.It does not govern the manner in which we may use information we have obtained from any other source,such as information obtained from a public record or from another person or entity.First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values. Types of Information Depending upon which of our services you are utilizing,the types of nonpublic personal information that we may collect include: • Information we receive from you on applications,forms and in other communications to us,whether in writing,in person,by telephone or any other means; • Information about your transactions with us,our affiliated companies,or others;and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party.Therefore,we will not release your information to nonaffiliated parties except:(1)as necessary for us to provide the product or service you have requested of us;or(2)as permitted by law.We may,however,store such information indefinitely,including the period after which any customer relationship has ceased.Such information may be used for any internal purpose,such as quality control efforts or customer analysis.We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies.Such affiliated companies include financial service providers,such as title insurers,property and casualty insurers,and trust and investment advisory companies,or companies involved in real estate services,such as appraisal companies,home warranty companies and escrow companies.Furthermore, we may also provide all the information we collect,as described above,to companies that perform marketing services on our behalf,on behalf of our affiliated companies or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer,our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information.We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you.We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values.We currently maintain physical,electronic,and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Information Obtained Through Our Web Site First American Financial Corporation is sensitive to privacy issues on the Internet.We believe it is important you know how we treat the information about you we receive on the Internet. In general,you can visit First American or its affiliates'Web sites on the World Wide Web without telling us who you are or revealing any information about yourself.Our Web servers collect the domain names,not the e-mail addresses,of visitors.This information is aggregated to measure the number of visits,average time spent on the site,pages viewed and similar information.First American uses this information to measure the use of our site and to develop ideas to improve the content of our site. There are times,however,when we may need information from you,such as your name and email address.When information is needed,we will use our best efforts to let you know at the time of collection how we will use the personal information.Usually,the personal information we collect is used only by us to respond to your inquiry,process an order or allow you to access specific account/profile information.If you choose to share any personal information with us,we will only use it in accordance with the policies outlined above. Business Relationships First American Financial Corporation's site and its affiliates'sites may contain links to other Web sites.While we try to link only to sites that share our high standards and respect for privacy,we are not responsible for the content or the privacy practices employed by other sites. Cookies Some of First American's Web sites may make use of"cookie"technology to measure site activity and to customize information to your personal tastes.A cookie is an element of data that a Web site can send to your browser,which may then store the cookie on your hard drive. FirstAm.com uses stored cookies.The goal of this technology is to better serve you when visiting our site,save you time when you are here and to provide you with a more meaningful and productive Web site experience. Fair Information Values Fairness We consider consumer expectations about their privacy in all our businesses.We only offer products and services that assure a favorable balance between consumer benefits and consumer privacy. Public Record We believe that an open public record creates significant value for society,enhances consumer choice and creates consumer opportunity.We actively support an open public record and emphasize its importance and contribution to our economy. Use We believe we should behave responsibly when we use information about a consumer in our business.We will obey the laws governing the collection,use and dissemination of data. Accuracy We will take reasonable steps to help assure the accuracy of the data we collect,use and disseminate.Where possible,we will take reasonable steps to correct inaccurate information. When,as with the public record,we cannot correct inaccurate information,we will take all reasonable steps to assist consumers in identifying the source of the erroneous data so that the consumer can secure the required corrections. Education We endeavor to educate the users of our products and services,our employees and others in our industry about the importance of consumer privacy.We will instruct our employees on our fair information values and on the responsible collection and use of data.We will encourage others in our industry to collect and use information in a responsible manner. Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain. Form 50-PRIVACY(9/1/10) Page 1 of 1 Privacy Information(2001-2010 First American Financial Corporation) Form No. 1068-2 Commitment No.:NCS-832950-SA1 ALTA Plain Language Commitment Page Number:13 EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS(BY POLICY TYPE) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.Proceedings by a public agency which may result in taxes or assessments,or notice of such proceedings,whether or not shown by the records of such agency or by the public records. 2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements,liens or encumbrances,or claims thereof,which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by the public records. 5. (a)Unpatented mining claims;(b)reservations or exceptions in patents or in Acts authorizing the issuance thereof;(c)water rights,claims or title to water,whether or not the matters excepted under(a),(b),or(c)are shown by the public records. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of: 1. (a)Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations) restricting,regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b)Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy,but created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy;or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy,or the inability or failure of any subsequent owner of the indebtedness,to comply with applicable"doing business"laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim,which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creating the interest of the insured lender,by reason of the operation of federal bankruptcy,state insolvency or similar creditors'rights laws. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B-1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law,ordinance or governmental regulation(including but not limited to building and zoning ordinances)restricting or regulating or prohibiting the occupancy,use or enjoyment of the land,or regulating the character,dimensions or location of any improvement now or hereafter erected on the land,or prohibiting a separation in ownership or a reduction in the dimensions of area of the land,or the effect of any violation of any such law,ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects,liens,encumbrances,adverse claims,or other matters(a)created,suffered,assumed or agreed to by the insured claimant;(b)not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder;(c)resulting in no loss or damage to the insured claimant;(d)attaching or created subsequent to Date of Policy;or(e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B-1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B Form No. 1068-2 Commitment No.:NCS-832950-SA1 ALTA Plain Language Commitment Page Number:14 This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements,claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by public records. 5. Unpatented mining claims;reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights,claims or title to water. 6. Any lien,or right to a lien,for services,labor or material heretofore or hereafter furnished,imposed by law and not shown by the public records. 4.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970 WITH A.L.T.A.ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE I. Any law,ordinance or governmental regulation(including but not limited to building and zoning ordinances)restricting or regulating or prohibiting the occupancy,use or enjoyment of the land,or regulating the character,dimensions or location of any improvement now or hereafter erected on the land,or prohibiting a separation in ownership or a reduction in the dimensions or area of the land,or the effect of any violation of any such law ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects,liens,encumbrances,adverse claims,or other matters(a)created,suffered,assumed or agreed to by the insured claimant,(b)not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder,(c)resulting in no loss or damage to the insured claimant;(d)attaching or created subsequent to Date of Policy(except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable"doing business"laws of the state in which the land is situated. 5.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy,the exclusions set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements,claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by public records. 5. Unpatented mining claims;reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights,claims or title to water. 6. Any lien,or right to a lien,for services, labor or material theretofore or hereafter furnished,imposed by law and not shown by the public records. 6.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1992 WITH A.L.T.A.ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of: 1. (a)Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations) restricting,regulating,prohibiting or relating to(i)the occupancy, use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land; (iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy; (b)Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. Form No. 1068-2 Commitment No.:NCS-832950-SA1 ALTA Plain Language Commitment Page Number:15 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims,or other matters: (a)whether or not recorded in the public records at Date of Policy,but created,suffered,assumed or agreed to by the insured claimant; (b)not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c)resulting in no loss or damage to the insured claimant; (d)attaching or created subsequent to Date of Policy(except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services,labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy);or (e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy,or the inability or failure of any subsequent owner of the indebtedness,to comply with the applicable"doing business"laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services,labor or materials(or the daim of priority of any statutory lien for services,labor or materials over the lien of the insured mortgage)arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim,which arises out of the transaction creating the interest of the mortgagee insured by this policy,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws,that is based on: (i)the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer;or (ii)the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination;or (iii)the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a)to timely record the instrument of transfer;or (b)of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 7.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements,claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by public records. 5. Unpatented mining claims;reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights,claims or title to water. 6. Any lien,or right to a lien,for services,labor or material theretofore or hereafter furnished,imposed by law and not shown by the public records. 8.AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-1992 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of: I. (a)Any law,ordinance or govemmental regulation(including but not limited to building and zoning laws,ordinances,or regulations) restricting,regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b)Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims,or other matters: (a)created,suffered,assumed or agreed to by the insured claimant; (b)not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c)resulting in no loss or damage to the insured claimant; (d)attaching or created subsequent to Date of Policy;or Form No. 1068-2 Commitment No.:NCS-832950-SA1 ALTA Plain Language Commitment Page Number:16 (e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim,which arises out of the transaction vesting in the insured the estate or interest insured by this policy,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws,that is based on: (i)the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer;or (ii)the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a)to timely record the instrument of transfer;or (b)of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 9.AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: Part One: I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements,claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by public records. >. Unpatented mining claims;reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights,claims or title to water. 6. Any lien,or right to a lien,for services,labor or material theretofore or hereafter furnished,imposed by law and not shown by the public records. ALTA RESIDENTIAL TITLE INSURANCE POLICY(6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B,you are not insured against loss,costs,attorneys'fees,and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: (a)and use (b)improvements on the land (c)and division (d)environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it,unless: (a)a notice of exercising the right appears in the public records on the Policy Date (b)the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3. Title Risks: (a)that are created,allowed,or agreed to by you (b)that are known to you,but not to us,on the Policy Date--unless they appeared in the public records (c)that result in no loss to you (d)that first affect your title after the Policy Date--this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: (a)to any land outside the area specifically described and referred to in Item 3 of Schedule A OR (b)in streets,alleys,or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. 11.EAGLE PROTECTION OWNER'S POLICY CITA HOMEOWNER'S POLICY OF TITLE INSURANCE-1998 ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE- 1998 Covered Risks 14(Subdivision Law Violation).15(Building Permit). 16(Zoning)and 18(Encroachment of boundary walls or fences)are subject to Deductible Amounts and Maximum Dollar Limits of Liability Form No. 1068-2 Commitment No.:NCS-832950-SA1 ALTA Plain Language Commitment Page Number:17 EXCLUSIONS In addition to the Exceptions in Schedule B,you are not insured against loss,costs,attorneys'fees,and expenses resulting from: 1. Governmental police power,and the existence or violation of any law or government regulation.This includes ordinances,laws and regulations concerning: a.building b.zoning c.land use d. improvements on the land e.land division f.environmental protection This exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. 2. The failure of Your existing structures,or any part of them,to be constructed in accordance with applicable building codes.This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning it,unless: a.a notice of exercising the right appears in the Public Records at the Policy Date;or b.the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. 4. Risks: a.that are created,allowed,or agreed to by You,whether or not they appear in the Public Records; b.that are Known to You at the Policy Date,but not to Us,unless they appear in the Public Records at the Policy Date; c.that result in no loss to You;or d.that first occur after the Policy Date-this does not limit the coverage described in Covered Risk 7,8.d,22,23,24 or 25. 5. Failure to pay value for Your Title. 6. Lack of a right: a.to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A;and b.in streets,alleys,or waterways that touch the Land. This exclusion does not limit the coverage described in Covered Risk 11 or 18. 12.THIRD GENERATION EAGLE LOAN POLICY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN POLICY(1/01/08) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,unts,attorneys'fees or expenses which arise by reason of: 1. (a)Any law,ordinance,permit,or governmental regulation(including those relating to building and zoning)restricting,regulating, prohibiting,or relating to(i)the occupancy,use,or enjoyment of the Land;(ii)the character,dimensions,or location of any improvement erected on the Land;(iii)the subdivision of land;or(iv)environmental protection;or the effect of any violation of these laws,ordinances,or governmental regulations.This Exclusion 1(a)does not modify or limit the coverage provided under Covered Risk 5,6, 13(c), 13(d), 14 or 16. (b)Any governmental police power.This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 5,6,13(c), 13(d), 14 or 16. 2. Rights of eminent domain.This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects,liens,encumbrances,adverse claims,or other matters (a)created,suffered,assumed or agreed to by the Insured Claimant; (b)not Known to the Company,not recorded in the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c)resulting in no loss or damage to the Insured Claimant; (d)attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18,19,20,21,22,23,24,27 or 28);or (e)resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury,or any consumer credit protection or truth-in-lending law.This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity,unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy.This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by govemmental authority and created or attaching subsequent to Date of Policy.This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b)or 25. 8. The failure of the residential structure,or any portion of it,to have been constructed before,on or after Date of Policy in accordance with applicable building codes.This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 13.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-2006 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy,and the Company will not pay loss or damage,costs,attorneys'fees,or Form No. 1068-2 Commitment No.:NCS-832950-SA1 ALTA Plain Language Commitment Page Number:18 expenses that arise by reason of: 1. (a)Any law,ordinance,permit,or governmental regulation(including those relating to building and zoning)restricting,regulating, prohibiting,or relating to (i)the occupancy,use,or enjoyment of the Land; (ii)the character,dimensions,or location of any improvement erected on the Land; (iii)the subdivision of land;or (iv)environmental protection; or the effect of any violation of these laws,ordinances,or governmental regulations.This Exclusion 1(a)does not modify or limit the coverage provided under Covered Risk 5. (b)Any governmental police power.This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain.This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects,liens,encumbrances,adverse claims,or other matters (a)created,suffered,assumed,or agreed to by the Insured Claimant; (b)not Known to the Company,not recorded in the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c)resulting in no loss or damage to the Insured Claimant; (d)attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under Covered Risk 11, 13,or 14);or (e)resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing- business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws,that the transaction creating the lien of the Insured Mortgage,is (a)a fraudulent conveyance or fraudulent transfer,or (b)a preferential transfer for any reason not stated in Covered Risk 13(b)of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records.This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). 14.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-2006 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 13 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: 1. (a)Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records;(b)proceedings by a public agency that may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the Public Records. 2. Any facts,rights,interests,or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements,liens or encumbrances,or claims thereof,not shown by the Public Records. 4. Any encroachment,encumbrance,violation,variation,or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a)Unpatented mining claims;(b)reservations or exceptions in patents or in Acts authorizing the issuance thereof;(c)water rights,claims or title to water,whether or not the matters excepted under(a),(b),or(c)are shown by the Public Records. 15.AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-2006 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of: 1. (a)Any law,ordinance,permit,or governmental regulation(including those relating to building and zoning)restricting,regulating, prohibiting,or relating to (i)the occupancy,use,or enjoyment of the Land; (ii)the character,dimensions,or location of any improvement erected on the Land; (iii)the subdivision of land;or (iv)environmental protection;or the effect of any violation of these laws,ordinances, or governmental regulations.This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. Form No. 1068-2 Commitment No.:NCS-832950-SA1 ALTA Plain Language Commitment Page Number:19 (b)Any governmental police power.This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain.This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects,liens,encumbrances,adverse claims,or other matters (a)created,suffered,assumed,or agreed to by the Insured Claimant; (b)not Known to the Company,not recorded in the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c)resulting in no loss or damage to the Insured Claimant; (d)attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under Covered Risks 9 and 10);or (e)resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors rights laws,that the transaction vesting the Title as shown in Schedule A,is (a)a fraudulent conveyance or fraudulent transfer;or (b)a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. 16.AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-2006 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 15 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: 1. (a)Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records;(b)proceedings by a public agency that may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the Public Records. 2. Any facts,rights,interests,or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements,liens or encumbrances,or claims thereof,not shown by the Public Records. 4. Any encroachment,encumbrance,violation,variation,or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a)Unpatented mining claims;(b)reservations or exceptions in patents or in Acts authorizing the issuance thereof;(c)water rights,claims or title to water,whether or not the matters excepted under(a),(b),or(c)are shown by the Public Records. Santa Clara Valley Urban Runoff.1r' Pollution Prevention Program PROVISION C.3 DATA FORM Which Projects Must Comply with Stormwater Requirements? All projects that create and/or replace 10,000 sq.ft. or more of impervious surface on the project site must fill out this worksheet and submit it with the development project application. All restaurants,auto service facilities,retail gasoline outlets,and uncovered parking lot projects (stand-alone or part of another development project, including the top uncovered portion of parking structures)that create and/or replace 5,000 sq.ft.or more of impervious surface on the project site must also fill out this worksheet. Interior remodeling projects,routine maintenance or repair projects such as re-roofing and re-paving,and single family homes that are not part of a larger plan of development are NOT required to complete this worksheet. What is an Impervious Surface? An impervious surface is a surface covering or pavement that prevents the land's natural ability to absorb and infiltrate rainfall/stormwater. Impervious surfaces include,but are not limited to rooftops,walkways,paved patios,driveways,parking lots, storage areas,impervious concrete and asphalt,and any other continuous watertight pavement or covering. Pervious pavement,underlain with pervious soil or pervious storage material(e.g.,drain rock),that infiltrates rainfall at a rate equal to or greater than surrounding unpaved areas OR that stores and infiltrates the water quality design volume specified in Provision C.3.d of the Municipal Regional Stormwater Permit(MRP),is not considered an impervious surface. For More Information For more information regarding selection of Best Management Practices for stormwater pollution prevention or stormwater treatment contact: 1. Project Information Project Name: In-N-Out Burger Campbell APN # 279-30-051 Project Address: 499 E. Hamilton Avenue Cross Streets: Almarida Dr. Applicant/Developer Name: In-N-Out Burger,a California Corporation Project Phase(s): 1 of 1 Engineer: Mark S. Lamoureux,C/O MSL Engineering,Inc. Project Type(Check all that apply): 0 New Development ®Redevelopment ❑ Residential l2g Commercial 0 Industrial 0 Mixed Use 0 Public 0 Institutional El Restaurant 0 Uncovered Parking 0 Retail Gas Outlet 0 Auto Service (SIC code) (5013-5014,5541,7532-7534,7536-7539) ❑ Other Project Description: Demolition and removal of an existing 1 story 8,355 SF restaurant building and existing site improvements. Construction on a new 3,812 SF In-N-Out Burger restaurant building with drive-thru lane,outdoor dining areas, and onsite parking. Project Watershed/Receiving Water(creek, river or bay): Guadalupe/Los Gatos Creek SCVURPPP C3.Data Form Page 1 of 4 November 2011 2. Project Size a.Total Site Area: b.Total Site Area Disturbed: 1.226 acre 1.226 acre (including clearing,grading,or excavating) s Proposed Area(ftZ) Total Post-Project Existing Area(ft 2) Replaced I New Area(ftz) Impervious Area Roof 8,335 7,915 7,915 Parking 36,937 31,809 31,809 Sidewalks and Streets 750 750 915 1,665 c.Total Impervious Area 46,022 37,067 37,067 d.Total new and replaced impervious area 41,389 Pervious Area Landscaping 7,395 7,395 4,633 12,028 Pervious Paving Other(e.g.Green Root) e.Total Pervious Area f.Percent Replacement of Impervious Area in Redevelopment Projects (Replaced Total Impervious Area Existing Total Impervious Area) x 100% = % 3. State Construction General Permit Applicability: a. Is#2.b. equal to 1 acre or more? El Yes, applicant must obtain coverage under the State Construction General Permit (i.e., file a Notice of Intent and prepare a Stormwater Pollution Prevention Plan) (see www.swrcb.ca.gov/water issues/programs/stormwater/construction.shtml for details). 0 No, applicant does not need coverage under the State Construction General Permit. 4. MRP Provision C.3 Applicability: a. Is#2.d. equal to 10,000 sq. ft. or more, or 5,000 sq. ft. or more for restaurants, auto service facilities,retail gas outlets, and uncovered parking? (*Note that for public projects, the 5,000 sq.ft. threshold does not take effect until 12/1/12.) 5a Yes, C.3. source control, site design and treatment requirements apply ❑ No,C.3. source control and site design requirements may apply—check with local agency b. Is#2.f. equal to 50%or more? Lia Yes, C.3.requirements(site design and source control, as appropriate, and stormwater treatment) apply to entire site ❑ No,C.3. requirements only apply to impervious area created and/or replaced 5. Hydromodification Management(HM)Applicability: a. Does project create and/or replace one acre or more of impervious surface AND is the total post-project impervious area greater than the pre-project (existing) impervious area? O Yes (continue) ® No—exempt from HM, go to page 3 b. Is the project located in an area of HM applicability(green area) on the HM Applicability Map?( www.scvurppp-w2k.com/hmp maps.htm) ❑ Yes, project must implement HM requirements ❑ No,project is exempt from HM requirements SCVURPPP C.3.Data Form Page 2 of 4 November 2011 6. Selection of Specific Stormwater Control Measures: Site Design Measures Source Control Measures Treatment Systems ❑ Minimize land disturbed U Alternative building ❑ None (all impervious surface materials drains to self-retaining areas) ® Minimize impervious surfaces ❑ Wash area/racks, drain to LID Treatment ❑ Minimum-impact street sanitary sewer2 ❑ Rainwater harvest and or parking lot design ❑ Covered dumpster area, use(e.g.,cistern or rain barrel ❑ Cluster structures/ drain to sanitary sewer2 sized for C.3.d treatment) pavement ❑ Sanitary sewer ❑ Infiltration basin connection or accessible ❑ Infiltration trench ❑ Disconnected downspouts cleanout for swimming ❑ Exfiltration trench Pervious pavement pool/spa/fountain ❑ n ® Underground detention ❑ Green roof 51 Beneficial landscaping (minimize irrigation,runoff, and infiltration system ❑ Microdetention in (e.g.pervious pavement drain pesticides and fertilizers; rock,large diameter conduit) landscape promotes treatment) g ❑ Other self-treating area ❑ Outdoor material storage Biotreatment 3 ❑ Self-retaining area protection ❑ Bioretention area ❑ Rainwater harvesting and ❑ Covers, drains for loading ❑ Flow-through planter use(e.g.,rain barrel,cistern docks, maintenance bays, fueling areas ❑ Tree box with connected to roof drains)] bioretention soils ❑ Preserved open space: 131 Maintenance (pavement ❑ Other ac. or sq. ft sweeping,catch basin (circle one) cleaning,good housekeeping) ❑ Protected riparian and ❑ Storm drain labeling Other Treatment Methods wetland areas/buffers ❑ Proprietary tree box filter4 (Setback from top of bank: U Other ft) ❑ Media filter(sand,compost, or proprietary media) 4 ❑ Other ❑ Vegetated filter strips U Dry detention basins ❑ Other Flow Duration Controls for Hydromodification Management(HM) ❑ Detention basin ❑ Underground ❑ Bioretention with outlet ❑ Other tank or vault control t Optional site design measure;does not have to be sized to comply with Provision C.3.d treatment requirements. 2 Subject to sanitary sewer authority requirements. 3 Biotreatment measures are allowed only with completed feasibility analysis showing that infiltration and rainwater harvest and use are infeasible. 4 These treatment measures are only allowed if the project qualifies as a"Special Project". 5 These treatment measures are only allowed as part of a multi-step treatment process. SCVURPPP C.3.Data Form Page 3 of 4 November 2011 7. Treatment System Sizing for Projects with Treatment Requirements Indicate the hydraulic sizing criteria used and provide the calculated design flow or volume: Treatment System Component Hydraulic Sizing Design Flow or Criteria Used' Volume (cfs or cult.) 6.5 Subsurface Infiltration System 1 a 2,020 cf 3Key: la: Volume—WEF Method lb: Volume—CASQA BMP Handbook Method 2a: Flow—Factored Flood Flow Method 2b: Flow—CASQA BMP Handbook Method 2c: Flow—Uniform Intensity Method 3: Combination Flow and Volume Design Basis 8. Alternative Certification: Was the treatment system sizing and design reviewed by a qualified third- party professional that is not a member of the project team or agency staff? O Yes Vg No Name of Reviewer 9. Operation &Maintenance Information A. Property Owner's Name J.G. Dutra& Son, a General Partnership B. Responsible Party for Stormwater Treatment/Hydromodification Control O&M: a. Name: Jeff Helmrich C/O In-N-Out Burger b. Address: 13502 Hamburger Ln, Baldwin Park CA 91706 c. Phone/E-mail: 626-813-8251/jhelmrich@innout.com This section to be completed by Municipal staff. O&M Responsibility Mechanism Indicate how responsibility for O&M is assured. Check all that apply: ❑ O&M Agreement O Other mechanism that assigns responsibility(describe below): Reviewed: Community Development Department Public Works Department Planning Division: Engineering: Building Division: Other(Specify): Return form to: Data entry performed by: SCVURPPP C.3.Data Form Page 4 of 4 November 2011 EryC.3 Stormwater Handbook Santa Clara Valley Urban Runoff Pollution Prevention Program Attachment IV-1 Sizing for Volume-Based Treatment Controls Section B—Sizing Volume-Based Treatment Controls based on the Adapted California Stormwater BMP Handbook Approach The equation that will be used to size the BMP is: BMP Volume = (Correction Factor) X (Unit Storage) X (Drainage Area to the BMP) Step 1. Determine the drainage area for the BMP,A= `` w Step 2. Determine percent imperviousness of the drainage area: a. Estimate the amount of impervious surface(rooftops,hardscape, streets,and sidewalks, etc.) in the area draining to the BMP: 'acres b. %impervious area=(amount of impervious area/drainage area for the BMP)*100 %impervious area=(Step 2a./Step 1)*100 %impervious area= 0.767 Step 3. Determine from Figure 1 the mean annual precipitation(MAPsite)at the project site location: (see Section II. Step 4 for more explanation.) MAPsite= Step 4 Identify the reference rain gage closest to the project site from the following list and record the MAPgage: MAPgage= Reference Rain Mean Annual Gages Precipitation (MAPgage) (in) San Jose Airport 13.9 Palo Alto 13.7 Gilroy 18.2 Morgan Hill 19.5 IV.Treatment Control Sizing Criteria Attachment N-1 —Page 1 FINAL HandDev Torras\G&D\Volume worksheet doc May 20,2004 Santa Clara Valley C.3 Storm water Handbook Urban Runoff Pollution Prevention Program Attachment IV-1 Sizing for Volume-Based Treatment Controls Section B—Adapted California Stormwater BMP Handbook Approach (continued) Step 5 Determine the rain gage correction factor for the precipitation at the site using the information from Step 3 and Step 4. Correction Factor=MAPgite(Step 3)/MAPgage(Step 4) Correction Factor= Step 6. Identify representative soil type for the BMP drainage area. a) Identify from Figure 1,the soil type that is representative of the pervious portion of the project shown here in order of increasing infiltration capability: Clay Sandy Clay Clay Loam X Silt Loam Loam b) Does the site planning allow for protection of natural areas and associated vegetation and soils so that the soils outside the building footprint are not graded/compacted? N/ If your answer is no,and the soil will be compacted during site preparation and grading,the soil's infiltration ability will be decreased.Modify your answer to a soil with a lower infiltration rate(e.g.,Silt Loam to Clay Loam or Clay). Modified soil type: 7. Determine the average slope for the drainage area for the BMP: 8. Determine the unit basin storage volume from sizing curves. *Inifiltration analysis has been performed based on existing site a) Slope≤ 1% specific conditions. Use the figure entitled"Unit Basin Volume for 80%Capture, 1%Slope"corresponding to the nearest rain gage:Figure 2-A,B,C,or D for San Jose,Palo Alto,Gilroy and Morgan Hill, respectively.Find the percent imperviousness of the drainage area(see answer to Step 2, above)on the x-axis.From there,fmd the line corresponding to the soil type(from Step 6),and obtain the unit basin storage on the y-axis. Unit Basin Storage for 1%slope(UBS 1%) b) Slope≥ 15% Use the figure entitled"Unit Basin Volume for 80%Capture, 15%Slope"corresponding to the nearest rain gage:Figure 3-A,B,C,or D for San Jose,Palo Alto,Gilroy and Morgan Hill,respectively.Find the percent imperviousness of the drainage area(see IV.Treatment Control Sizing Criteria Attachment IV-1 —Page 2 FINAL i:�..nDev Forms\G&D\Voimoe worksheet doc May 20,2004 Santa Clara Valley C.3 Stormwater Handbook Urban Runoff Pollution Prevention Program answer to Step 2,above)on the x-axis.From there,find the line corresponding to the soil type(from Step 6),and obtain the unit basin storage on the y-axis. Unit Basin Storage for 15%slope(UBS 15% )111111111.111 Attachment 1V-1 Sizing for Volume-Based Treatment Controls Section B—Adapted California Stormwater BMP Handbook Approach (continued) c) Slope> 1%and< 15% Find the unit basin volumes for 1%and 15%using the techniques in Steps 8a and 8b and interpolate by applying a slope correction factor per the following formula: UBSX =UBSI%+(UBSJ5%-UBS1%)*(x%-1%)/(15%-1%) = (Step 8a)+(Step 8b-Step 8a)* (x%-1%)/(15%-1%) Where UBSX-Unit Basin Storage volume for drainage area of intermediate slope,x Unit Basin Storage volume(USB x) .11 (corrected for slope of site) 9. Size the BMP,using the following equation: BMP Volume=Rain Gage Correction Factor* Unit Basin Storage Volume* Drainage Area BMP Volume=(Step 5) *(Step 8 unit storage) *(Step 1 Drainage area) * 1 foot/12 in. MP Volume=0.046 acre-41 =2,020 cubic feet IV.Treatment Control Sizing Criteria Attachment IV-1—Page 3 FINAL ,1[.endDev\Fortes O&U volume worksheet.doc May 20,2004 ,S,AN FRANCSICO \ \ ' \ BAY \\\ \^'T PALO 12 f'�. -J \\ ALTo MILPITAS w,, 13 ! r"� MOUNTAIN dw s ✓ ,`�•. VIEW V a <57 \\.\\ TOS� � � Q. N. � � S '� I I SUNNYVALE I 14 eti +'g, ` OS ALTOS � t� M HILLS ,\ n SANTA 414* 4/.v ►.� 1 ..° . C:'' O,,2' ,, SAN JOSE F. . \ \ . IF LOCATION PALO mow. ,� ..+ _ 4tir ,�: -:, ALTO a, 1; \\,i) ) ) CUPERTINO - 'r *- 1 N. LL 15 SARATOGA 17 �il \\ \li C\ a Figure 1 _ ` h ,w , Soil Texture and Mean � � � r 1s ' Annual Precipitation Depths ' ��, � \ for the Santa Clara Basin 1 MONTE LOS GATOS _ r� a, S€RENt3 24 Legend �`V� y• 34 20 ' ` 2 Soil Texture211-''''- ‘,,,,24 R ' `�� r 2Z (NRCS Hydrologic Soil Group) \�• 38 '`� 30 2$ti� 24 22 1 Clay(D) Street or Highway �` Sandy Clay(D) Stream ��` � Clay Loam(D) Jurisdictional Boundary Silt Loam(B) o Rain Gage �� � Loam(B) Mean Annual Precipitation Depths(Inches) � MORGAN :\\'"•44..—...--•••*"'---tt\\\\\\\,......... ......\\''------- 1� 111 .....N.,,,....": \)\ HILL \--."Data Source:Santa Clara Valley Water District a R ////evised March 2004 + W Santa Clara valley ` _ uroan Runoff 0 1 2 3 4 5 Mlles \ __„f Pdletlon Prevention Program Santa Clara Valley C.3 Stormwater Handbook • Urban Runoff Pollution Prevention Program 1.1 I I SAN JOSE AIRPORT RAIN GAGE 1.0 ASSUMED SLOPE=1% 2 0.9 n m 0.8 ,� 0.7 c) 0.6co m 0.5 $ 0.4 CLAY(D) .0-• 0.3 m SANDY CLAY(D) c 0.2 CLAY LOAM(D) LOAM/SILT LOAM(B) 0.1 0.0 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% %Imperviousness Figure 2-A Unit Basin Volume for 80% Capture- San Jose Airport Rain Ga2e IV. Treatment Control Sizing Criteria Attachment IV-1 —Page 4 FINAL DRAFT J:\LarxlUcvFortrts(i&D`Vulumc workhcet.doc April 2004 Santa Clara Valley C.3 Stormwater Handbook • Urban Runoff Pollution Prevention Program 1.1 SAN JOSE AIRPORT RAIN GAGE 1.0 ASSUMED SLOPE=15% 0.9 v :-, 0.8 - m • 0.7 - U 0 0.6 0 w O 0.5 0.4 CLAY(D) c � m 0.3 SANDY CLAY CLAY LOAM(D) • 0.2 LOAM/SILT LOAM(B) 0.1 0.0 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% %Imperviousness Figure 3-A Unit Basin Volume for 80% Capture- San Jose Airport Rain Gage IV.Treatment Control Sizing Criteria Attachment IV-1 —Page 5 FINAL DRAFT \LendDey\Form G&o\Volume worksheet d c April 2004 k Infiltration Feasibility Worksheet Municipal Regional Stormwater Permit(MRP) Stormwater Controls for Development Projects Complete this worksheet for C.3 Regulated Projects* for which the soil hydraulic conductivity(Ksat) exceeds 1.6. Use this checklist to determine the feasibility of treating the C.3.d amount of runoff* with infiltration. Where it is infeasible to treat the C.3.d amount of runoff* with infiltration or rainwater harvesting and use, storm water may be treated with biotreatment* measures. See Glossary (Attachment 1)for definitions of terms marked with an asterisk(*). 1. Enter Project Data. 1.1 Project Name: In-N-Out Burger Campbell 1.2 Project Address: 499 E. Hamilton Avenue 1.3 Applicant/Agent Name: Jim Lockington C/O In-N-Out Burger 1.4 Applicant/Agent Address: 13502 Hamburger Lane, Baldwin Park, CA 91706 Applicant/Agent 1.5 Applicant/Agent Email: jockington@innout.com Phone: 626-813-8289 2. Evaluate infiltration feasibility. Check"Yes"or"No"to indicate whether the following conditions apply to the project. If"Yes"is checked for any question, then infiltration is infeasible, and you can continue to Item 3.1 without answering any further questions in Section 2. If all of the answers in Section 2 are "No,"then infiltration is feasible, and you may design infiltration facilities* for the area from which runoff must be treated. Items 2.1 through 2.3 address the feasibility of using infiltration facilities*,as well as the potential need to line bioretention areas. Yes No 2.1 Would infiltration facilities at this site conflict with the location of existing or proposed underground utilities or easements,or would the siting of infiltration facilities at this site result in their placement on ❑ top of underground utilities,or otherwise oriented to underground utilities,such that they would discharge to the utility trench,restrict access,or cause stability concerns?(If yes,attach evidence documenting this condition.) 2.2 Is there a documented concern that there is a potential on the site for soil or groundwater pollutants to ❑ be mobilized? (If yes,attach documentation of mobilization concerns.) 2.3 Are geotechnical hazards present,such as steep slopes,areas with landslide potential,soils subject to liquefaction,or would an infiltration facility need to be built less than 10 feet from a building foundation or other improvements subject to undermining by saturated soils? (If yes,attach documentation of ❑ geotechnical hazard.) Respond to Questions 2.4 through 2.8 only if the project proposes to use an infiltration device*. 2.4 Do local water district or other agency's policies or guidelines regarding the locations where infiltration may occur,the separation from seasonal high groundwater,or setbacks from potential sources of pollution prevent infiltration devices from being implemented at this site?(If yes,attach evidence ❑ documenting this condition.) 2.5 Would construction of an infiltration device require that it be located less than 100 feet away from a ❑ septic tank, underground storage tank with hazardous materials,or other potential underground source of pollution? (If yes,attach evidence documenting this claim.) *See Glossary(Attachment 1)for definitions. 1 FINAL November 2011 1 Infiltration Feasibility Worksheet Yes No 2.6 Is there a seasonal high groundwater table or mounded groundwater that would be within 10 feet of the base of an infiltration device*constructed on the site? (If yes,attach documentation of high ❑ groundwater.) 2.7 Are there land uses that pose a high threat to water quality—including but not limited to industrial and light industrial activities, high vehicular traffic(i.e.,25,000 or greater average daily traffic on a main ❑ ] roadway or 15,000 or more average daily traffic on any intersecting roadway), automotive repair shops, car washes,fleet storage areas,or nurseries? (If yes,attach evidence documenting this claim.) 2.8 Is there a groundwater production well within 100 feet of the location where an infiltration device would be constructed? (If yes,attach map showing the well.) ❑ 3. Results of Feasibility Determination Infeasible Feasible 3.1 Based on the results of the Section 2 feasibility analysis,infiltration is(check one): ❑ �J -4 If"FEASIBLE"is indicated for Item 3.1, then the amount of storm water requiring treatment must be treated with infiltration(or rainwater harvest and use, if feasible). Infiltration facilities* may be designed for the area from which runoff must be treated. -4 If"INFEASIBLE"is checked for item 3.1, then the applicant may use appropriately designed biotreatment facilities* for compliance with C.3 treatment requirements. The applicant is encouraged to maximize infiltration of stormwater if site conditions allow. N\ L��k, �, 4_16 Oz-)Q Name of Applicant(P 'nt) 3/7-41 1)7 Name of Applicant(Sign Date *See Glossary(Attachment 1)for definitions. 2 FINAL November 2011 r ~ MSL ENGINEERING, INC. CIVIL ENGINEERS AND LAND SURVEYORS SPECIALIZING IN SITE DEVELOPMENT HYDROLOGY STUDY Project Name: In-N-Out Burger Campbell 499 E. Hamilton Avenue Campbell, CA 95008 Prepared for: In-N-Out Burger 13502 Hamburger Lane Baldwin Park, CA 9170 Jim Lockington (626) 813-8289 Prepared by: MSL Engineering, Inc. 40211 V. Arrow Highway, Suite 4 San Dimas, CA 91773 (909) 305-2395, FAX(909) 305-2397 03-21-17 Mark S.Lamoureux,R.C.E. 38382 Aaron Pellow,R.C.E. 77913 Date Principal Engineer Project Engineer 402 West Arrow Highway, Suite 4, San Dimas,CA 91773 • (909)305-2395 •Fax(909)305-2397 V Hydrology Study In-N-Out Burger Campbell,499 E.Hamilton Avenue TABLE OF CONTENTS Introduction 1 Existing Condition 1 Proposed Condition 1 Hydrology 1 CEQA Compliance 2 Conclusion 2 • Hydrology Study In-N-Out Burger Campbell,499 E.Hamilton Avenue Introduction This Hydrology Study has been prepared in support of In-N-Out Burger's proposed redevelopment of the property located at 499 E.Hamilton Avenue in Campbell,CA. The purpose of this study is to document the comparative 10-year storm event from the site and document CEQA conditions related to the development. Existing Condition The existing condition at the site,is fully developed for the use of a former Elephant Bar restaurant,with an 8,335 square foot building,with associated parking and driving aisles. The total existing impervious surface area is 46,022 square feet and the existing pervious surface area is 7,395 square feet. Runoff from the existing site is collected onsite within drain box inlets and conveyed underground through existing site storm drain to the northeast corner of the site. Runoff is discharged from the site through a 10"diameter storm drain connection to an existing 24"storm drain located on Almarida Drive. Proposed Condition The proposed condition is a new 3,812 square foot In-N-Out Burger restaurant building,with outdoor dining area,trash enclosure,drive-thru lane,onsite parking,and landscaping. The total proposed impervious surface area is 37,067 square feet and the proposed pervious surface area is 12,028 square feet. Runoff from the proposed site is similar to the existing condition,with stormwater collected onsite within new drain box inlets within the parking lot and drive-thru lane and conveyed underground through a new site storm drain system to a proposed subsurface infiltration system. Overflow runoff from the infiltration system is discharged from the site through a new 10"storm drain that will be connected to the existing 10"storm drain connection to the existing 24"storm drain located on Almarida Drive. Hydrology Using the Rational Method the peak runoff from the site is determined as follows: Q = CIA C=Runoff coefficient based on site imperviousness I=Intensity based on time of concentration A=Tributary Area When comparing the existing and proposed conditions,variables I and A are equal. There is no change to the project tributary area, and the drainage characteristics are essentially equal for the time of concentration,both of which would result in the minimum value of 5 minutes. The only variable that will be affected by the development is the runoff coefficient,C,which is being reduced since the site imperviousness is being reduced from 86%in the existing condition to 77% in the proposed condition. This will result in a reduced peak flow,Q,from the site for all storm events,including the 10-year event typically evaluated for onsite drainage. ��(--) I' ENG MSL INEERING, INC 1 Hydrology Study In-N-Out Burger Campbell,499 E.Hamilton Avenue CEQA Compliance 1. The project will not violate any water quality standards or waste discharge requirements; 2. The project will not substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level(e.g.,the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which pelmits have been granted).The project will promote and increase groundwater supplies by implementing a subsurface infiltration system; 3. The project will not substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river,in a manner which would result in substantial erosion or siltation on-or off-site. As documented above, runoff from the site will be reduced in the proposed condition; 4. The project will not substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river,or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on-or off-site. As documented above,runoff from the site will be reduced in the proposed condition; 5. The project will not create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff. As documented above,runoff from the site will be reduced in the proposed condition; 6. The project will not otherwise substantially degrade water quality. The project will comply with all current stormwater regulations,including the C.3 provision,which will ensure that there is no degradation to water quality; 7. The project will not place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map. There is no proposed housing,and all proposed development is outside of the 100-year flood zone; 8. The project will not place within a I 00-year flood hazard area structures which would impede or redirect flood flows. Conclusion As documented above,the project will reduce runoff from the site for all storm events and will comply with the CEQA conditions above. ENGINEERING, INC.